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Immunities and Privileges Order, 1961

Government Notice 443 of 1961

Immunities and Privileges Order, 1961
Citation
Government Notice 443 of 1961
Primary work
Diplomatic and Consular Immunities and Privileges Act
Date
31 July 2002
Language
English
Type
Government Notice
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Tanzania
Diplomatic and Consular Immunities and Privileges Act

Immunities and Privileges Order, 1961

Government Notice 443 of 1961

  • Published in Tanzania Government Gazette
  • Commenced
  • [This is the version of this document at 31 July 2002.]
  • [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
[Section 19; G.N.s Nos. 443 of 1961; 120 of 1975]

1.

This Order may be cited as the Immunities and Privileges Order.

Part I – Immunities and privileges consular officers and consular employees (section 2)

2. Immunities of Consular Officer de carrier, consular employee, officer or employees otherwise not entitled

(1)A consular officer de carrier is hereby granted the immunities set out in Part I of the First Schedule hereto.
(2)The senior consular officer de carrier in post in Tanzania of a foreign sovereign power which does not maintain a diplomatic mission in Tanzania is hereby granted, in addition to the immunities set out in Part I of the First Schedule, immunity from the duties and fees set out in Part II thereof.
(3)A consular employee in the permanent consular or foreign service of a foreign sovereign state is hereby granted the immunities set out in the Second Schedule hereto.
(4)Nothing in this Order shall entitle any consular officer or consular employee to any immunity which the Minister, in exercise of the powers conferred by section 28 of the Act, has declined to accord or has withdrawn, or where such officer or employee is otherwise not entitled to personal immunities.

Part II – The immunities and privileges (taxes and duties) (sections 3-10)

3. Envoy and Chief representatives

The immunities to which—
(a)an envoy of a foreign sovereign power (hereinafter referred to as "an envoy");
(b)a chief representative of a Common wealth country (hereinafter referred to as "a chief representative");
(c)a representative of, or member of, an international organisation specified in the Third Schedule to the Act or a committee thereof, or a high office in, or a person employed on a mission on behalf of, such an organisation, shall be entitled to the like immunities set out in the Third Schedule to this Order.

4. Official staff

(1)The immunities to which—
(a)the members of the official staff of an envoy to whom this paragraph applies;
(b)the members of the official staff of a chief representative to whom this paragraph applies;
(c)the members of the official staff of a representative on an international organisation specified in the Third Schedule to the Act, shall be entitled to the like immunities set out in the Fourth Schedule to this Order;
(d)the members of the staff of an envoy to whom this paragraph applies and officers of and above the rank of attachés to embassies and legations, and the members of the staff of a chief representative or officers of equivalent or corresponding rank in the office of a chief representative;
(e)the immunities to which members of the official staff of an envoy or chief representative, other than those referred to in subparagraph (2), shall be entitled to the immunities as are set out in the Third Schedule to this Order.

5. Ordinary officers of certain international organisations

The immunities to which officers and servants of an international organisation specified in the Third Schedule to the Act, who are themselves specified in an Order made under section 13 of the Act shall be entitled to immunities from income tax on the emoluments received as such an officer or servant.

6. Wives and families

The immunities to which the wife, and children under the age of eighteen years, of any envoy or chief representative or of a high officer of an international organisation to which the Third Schedule to this Act applies, or of a member of the official staff of an envoy or chief representative, shall be entitled to the immunities set out in the Fourth Schedule to this Order.

7. Domestic staff

The immunities to which members of the domestic staff of an envoy or a chief representative, who are included in a list compiled under section 20 of the Act, shall be entitled to the immunities at out in the Fifth Schedule to this Order.

8. Diplomatic list

If the name of any person claiming any immunities is not included in a list compiled under section 20 or 21 of the Act, and still in force, the revenue or taxing authority to whom the claim is made shall, before according such immunities, obtain the directions of the protocol officer of the external affairs division.

9. Official supplies

Official goods imported or purchased prior to clearance through the customs by or on behalf of the Government of a foreign sovereign power or Commonwealth country for the use of its mission or consulate in the United Republic shall, subject to any directions to the contrary be exempt from customs duty.

10. Refund of customs duty on petroleum diesel fuel lubrication oil

(1)Any person to whom this Order applies and is entitled to exemption from customs duties on petroleum, diesel fuel and motor vehicle lubrication oil and purchases and locally any such products in respect of which such duties have been paid, shall be entitled, on presentation of receipted bills therefor, to a refund of that part of the purchase price that is referable to the customs duty, on petroleum, diesel fuel and lubrication oil used by him or his family in his personal motor vehicle.
(2)A supplier of petroleum, diesel fuel and lubrication oil for use in motor vehicles authorised by the Protocol Office, and who, having paid the customs duty thereon, supplies petroleum, diesel fuel or lubrication oil to a foreign or Commonwealth mission for use in motor vehicles belonging to that mission (not being a motor vehicle to which subparagraph (1) applies) at a price equal to the retail price less than part thereof as is referable to the customs duty shall, on presentation of a claim in a form approved by the Protocol Office, be entitled to a refund of the customs duty paid by that supplier in respect of the same.

First Schedule

Part I

Immunity from—
(i)Income tax in respect of the emoluments of his consular office.
(ii)Personal tax.
(iii)All licence and registration fees under the Road Traffic Act 1.1Cap. 168
(iv)Arms licence fees under the Arms and Ammunition Act 2.2Cap. 223
(v)Dog licence fees.
(vi)Wireless receiving licence fees.
(vii)Customs duties on the personal and household effects of the officer, his wife and children under the age of eighteen years, imported within three months of the officer's first arrival in Tanzania, and one motor car so imported.

Part II

Immunity from—
(i)Customs duties on goods of foreign origin imported or purchased prior to clearance through the Customs for the personal use of the officer and his family.
(ii)Land registration fees.
Immunity from—
(i)Income tax in respect of the emoluments of his office as a consular employee.
(ii)Personal tax.
(iii)Customs duties on the personal and household effects of the employee, his wife and children under the age of eighteen years imported within three months of the employee's first arrival in Tanzania and one motor car so imported.

Second Schedule

Envoys, chief representatives, etc.

Immunity from—
(i)Income tax.
(ii)All licence and registration fees under the Road Traffic Act 3.3Cap. 168
(iii)Arms licence fees under the Arms and Ammunition Act 4.4Cap. 223
(vi)Stamp duties and land registration fees in respect of transactions relating to his official premises and principal residence.[Please note: numbering as in original]
(v)Customs duties on goods of foreign origin imported or purchased prior to clearance through the Customs for the personal use of the officer and his family.

Third Schedule

Representational staff

Immunity from—
(i)Income tax on the emoluments of their officers.
(ii)All licence and registration fees under the Road Traffic Act 5.5Cap. 168
(iii)Arms licence fees under the Arms and Ammunition Act 6.6Cap. 223
(iv)Customs duties on goods of foreign origin imported or purchased prior to clearance through the Customs for the personal use of the officer and his family.

Fourth Schedule

Non-representational staff

Immunity from—
(i)Income tax on the emoluments of their officers.
(ii)Arms licence fees under the Arms and Ammunition Act 7.7Cap. 223
(iii)Customs duties on personal and household effects, imported within six months of first arrival in Tanzania and one motor car so imported.

Fifth Schedule

Wives and families

Immunity from—
(i)Customs duties on personal and household effects within six months of time arrival, and in the case of the wife of an envoy, chief representative or high officer of an international organisation only within six months of any subsequent arrival.

Sixth Schedule

Domestic staff of envoys and chief representatives

Immunity from—
(i)Income tax on the emoluments of their officers.
(ii)Customs duties on personal and household effects imported within six months of first arrival in Tanzania and one motor car so imported.
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History of this document

31 July 2002 this version
Consolidation

Cited documents 3

Act 3
1. Road Traffic Act 294 citations
2. Arms and Ammunition Act 133 citations
3. Diplomatic and Consular Immunities and Privileges Act 19 citations

Documents citing this one 0