Skip to document content Skip to main menu Skip to search

Tanzania Central Freight Bureau Regulations, 2000

Government Notice 188 of 2000

Tanzania Central Freight Bureau Regulations, 2000
Citation
Government Notice 188 of 2000
Primary work
Tanzania Central Freight Bureau Act
Date
31 July 2002
Language
English
Type
Government Notice
Collections
Skip to document content
Tanzania
Tanzania Central Freight Bureau Act

Tanzania Central Freight Bureau Regulations, 2000

Government Notice 188 of 2000

  • 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 25]

Part I – Preliminary provisions (regs 1-3)

1. Citation

These Regulations may be cited as the Tanzania Central Freight Bureau Regulations.

2. Interpretation

In these Regulations, unless the context requires otherwise—"Bureau" or "TCFB" means the Tanzania Central Freight Bureau;"effective date" means the date on which Regulations are published in the Gazette;"the Forum" means the Shipping Industry Consultative Forum;"manifest" means a document that lists in detail all bills of lading issued by a carrier or its agent or master for a specific voyage;"market rates" means the price at which the services are obtainable in the open market at any given one time;"negotiation of freight rates and other charges" means one of the following situations—(a)providing back up assistance to a shipper or shippers on request when negotiating freight rates or other charges with carriers or other service providers;(b)exceptionally, negotiating directly with a carrier or carriers of other service providers on freight rates or other charges when contracted to do so by a shipper or shippers;(c)carrying out consultations with carriers, terminal operators, intermediaries and shippers on the conditions which justify introduction or revision of freight rates and other charges by any of the service providers so as to afford them to sustain continued provision of services;"TCFB territory" means the whole of the area inland, coastal and international waters of Tanzania in which, by virtue of law, agreement or other authority, TCFB carries on its operations or exercises its jurisdiction.

3. Application

These Regulations shall apply to all commercial shipping operations within TCFB territory.

Part II – Regulator (regs 4-8)

4. Vesting of regulator

With effect from the effective date, the Bureau shall assume and perform the role of Regulator of commercial shipping in Tanzania.

5. Goal for discharge of role

(1)The Bureau shall seek to discharge its role in a manner which will foster and promote open market conditions and ensure that the commercial shipping industry operates in accordance with those conditions.
(2)In discharging its functions and exercising its powers as regulator, the Bureau shall seek to promote an environment conducive to private sector investment, growth, fair competition, fair trade practices and the charging of market rates for services and may, where desirable, investigate complaints and adjudicate cases brought to it subject to observance of—
(a)the principles of natural justice;
(b)transparency and expeditious procedures;
(c)fair determination of issues;
(d)the right of appeal to a court of law by aggrieved parties.

6. Duties, powers and obligations of Regulator

For the purposes of the full and effectual discharge of its functions, the Bureau shall have power to—
(a)monitor the conduct and practices of shipping lines, shipping agents, freight forwarders, terminal operators and other sector service providers;
(b)facilitate negotiation of freight rates, other charges and surcharge agreements through consultation forum and mechanisms to be initiated jointly with shipping industry participants;
(c)undertake research in matters relating to maritime transport industry;
(d)require all shipping lines with ships loading or discharging cargo at Tanzania ports to—
(i)submit ships' particulars on first call;
(ii)file their tariffs;
(iii)submit copies of cargo and freighted manifests and charter parties for both imports and exports;
(iv)submit copies of operational or service agreements where applicable;
(v)submit notification of any imposition of new charges.

7. Furnishing information

For every import consignment the consignee or his agent as the case may be, shall avail to the Bureau through Customs, copies of commercial invoices, bills of lading and any other information which the Bureau may deem necessary to demand.

8. Confidentiality of information

The calling for, receipt and use by the Bureau of information under these Regulations shall have due regard to confidentiality.

Part III – Consultative Forum (reg 9)

9. Establishment of Consultative Forum

(1)There is hereby established a Forum to be known as the Shipping Industry Consultative Forum which shall provide stakeholders an opportunity for exchange of views, issues of standards, costs and services with a view to enhancing communication, consensus and overall competitive leverage.
(2)The Forum shall be composed of the following members—
(a)a representative from the Tanzania Harbours Authority as the Landlord Port;
(b)a representative from among terminal operators;
(c)a representative from the Tanzania Railways Corporation;
(d)a representative from the Shipping Agencies Association;
(e)a representative from among ship operators;
(f)a representative from the Freight Forwarders Association;
(g)a representative from the Tanzania Shippers Council;
(h)a representative from the Zanzibar Port Corporation;
(i)a representative from the Tanzania Chamber of Commerce, Industries and Agriculture (TCCIA);
(j)a representative from the Zanzibar Chamber of Commerce, Industries and Agriculture (ZCCIA);
(k)a representative from the Board of External Trade (BET);
(l)a representative from the Tanzania Exporters Association (TANEXA);
(m)a representative from the Truck Owners Association;
(n)a representative from the Customs Department of the Tanzania Revenue Authority;
(o)a representative from the Tanzania Zambia Railways Authority;
(p)three other members representing such stakeholders as the Minister may determine form time to time.
(3)The Director-General shall call for nominations of representatives to the Forum every two years and such representatives may be eligible for renomination.
(4)The Bureau shall chair and provide secretarial services to the Forum and facilitate the channelling or dissemination for the Forum's conclusions, recommendations and other initiatives and resulting feedback from the Government and other interested parties.
(5)The Forum shall ordinarily meet for the transaction of its business at the time and place to be determined by it, and shall meet at least once in every six months.
(6)All expenses in connection with the Forum's business shall be charged from the Forum of the Bureau.
(7)Subject to the provisions of this regulation, the Forum shall regulate its own proceedings.

Part IV – Regulatory operations (regs 10-18)

10. Shippers to register with the Bureau

(1)All shippers in Tanzania other than shippers of personal effects, diplomatic and missionary goods, shall register with the Bureau in accordance with the prescribed forms.
(2)A shipper registered under this regulation shall be issued with a certificate of registration, which shall be subject to renewal annually.

11. Cargo and freight manifest

(1)Every shipping line carrying Tanzania cargo shall through his shipping agent provide the Bureau with certified copies of cargo and freight manifest in respect of Tanzania consignments in the following manner—
(a)in case of import cargo, two days before the ship's arrival;
(b)in case of export cargo, within seven days after sailing.
(2)Every shipping line which does not provide the Bureau with certified copies of cargo and freighted manifests as provided for under subregulation (1) of this regulation commits an offence and shall be liable on conviction to pay a fine not exceeding five hundred US Dollars or its equivalent in Tanzania shillings as may be compounded by the Director-General or an officer duly authorised by him in writing in that behalf.

12. Shipping agencies to register with the Bureau

(1)Every shipping agent operating in TCFB territory shall make an application for registration with the Bureau in the prescribed form.
(2)The Bureau shall issue the shipping agent with a certificate of registration, which shall be subject to renewal annually.

13. Clearing and forwarding agents to register with the Bureau

(1)Every clearing and forwarding agent operating in Tanzania shall make an application to be registered with the Bureau in the prescribed form.
(2)The Bureau shall issue the clearing and forwarding agent with a certificate of registration which shall be subject to renewal annually.

14. Submission of ship particulars

Every master, operator, manager or shipping agent of a liner, merchant vessel calling at ports within TCBF territory shall on behalf of the owner, submit particulars of his ship in a prescribed form on first call and whenever there are amendments made to the ship particulars.

15. Submission of voyage charter particulars

Every master, operator, manager or shipping agent of a vessel on voyage charter within TCFB territory shall submit to the Bureau on behalf of the owner, particulars of his ship on every call.

16. Requirement of notice

Notwithstanding the freedom to earn a reasonable return on investments, every service provider, terminal operator, shipping agent, carrier, clearing and forwarding agent and other intermediary when intending to introduce new or revised tariffs, charges or other conditions affecting the trade, shall serve three months notice to the Bureau and to the shippers in order to allow consultations, negotiations or representations if any, by consumers of services.

17. Penalty for contravention

Any person who contravenes any provision of these Regulations commits an offence and if in respect of that offence no penalty is expressly provided shall, on conviction be liable to a fine not exceeding five hundred US dollars or its equivalent in Tanzania shillings, as may be compounded by the Director-General or an officer duly authorised by him in writing in that behalf.

18. Appeals

Any person who is aggrieved by any decision of the Bureau or fine imposed by the Bureau, may within seven days after such decision or imposition of such fine, give notice in writing to the Director-General of his intention to appeal and may within thirty days appeal to a court of competent jurisdiction within the TCFB territory.

Part V – Fees and charges (regs 19-23)

19. Fees

(1)In discharging its functions, the Bureau shall be paid on every consignment discharged or loaded at any Tanzania port by the shipping line or its shipping agent such amount of money as shall be determined by the Minister, and published from time to time in the Gazette and in any other manner determined by the Bureau for bringing the matter effectively to the knowledge of persons affected by it.
(2)All fees or charges raised under this regulation shall become due and payable upon demand by the Bureau.

20. Interest

Fees or charges remaining unpaid after thirty days of demand shall be charged interest at the rate of ten per centum per month compounded.

21. Recovery of debts

Any unpaid fees, charges, interest or fine payable under these Regulations, may be recovered as a civil debt in the court of a Resident Magistrate at the instance of the Director-General.

22. Offences

(1)Any person who knowingly and wilfully—
(a)refuses or fails to submit to the Bureau the particulars of a ship or voyage charter;
(b)refuses or fails to provide the Bureau with certified copies of cargo and freight manifest;
(c)refuses or fails to register with the Bureau his shipping agency;
(d)fails or refuses to register with the Bureau his clearing and forwarding agency;
(e)fails to give notice of his intention to introduce or to revise his tariffs or charges,
commits an offence punishable under these Regulations.
(2)Any shipper who knowingly or wilfully fails or refuses to register himself with the Bureau, as provided for under regulation 10, commits an offence punishable under these Regulations.

23. Transitional provision

All contracts entered into before the commencement of these Regulations in respect of shipment of cargo shall remain in force for a period for a period of three months after such commencement.
▲ To the top

History of this document

31 July 2002 this version
Consolidation

Cited documents 0

Documents citing this one 1

Gazette
1