THE INVESTMENT REGULATIONS, G.N. No. 381A of 2002 (RE: 2002)

(Made under Section 29)

[16th August, 2002]

PART I: PRELIMINARY PROVISIONS (regs 1-2)

1. Citation

These Regulations may be cited as the Investment Regulations.

2. Interpretation

In these Regulations, unless the context requires otherwise:

"Act" means the Tanzania Investment Act;

"Board" means the Board of the Tanzania Investment Centre established under section 7 of the Act;

"connected person" means a person who is connected with an individual who is–

(a) that individual's spouse parent, brother, sister or child;

(b) a person acting in his capacity as the trustee of any trust, the principal beneficiary of which is the individual, his spouse or any of his children or anybody corporate which he controls; or

(c) a partner of that individual; or

(d) directly or indirectly controlling or is controlled by the individual;

''control" means the power to direct or cause the direction of the general management and policies of a person. An individual shall be deemed to control a body corporate if, he is, alone or together with any of the persons referred to in paragraph (a) to (d) in the definition of "connected person", interested, whether nominally or beneficially, in more than one-half of the equity share capital of that body, or entitled to exercise, or control the exercise, of more than one-half of the voting power at any general meeting of that body, and references to voting power exercised by an individual, shall include references to voting power exercised by another body corporate which that individual controls;

"Minister" means the Minister responsible for investments;

"officer" shall include the Executive Director of the Centre, Zonal Heads and Departmental Heads of the Centre;

"person" shall include–

(a) a natural person (and heirs, executors, administrators, or other representative of a person) and any corporation or other entity which is given, or is recognized as having legal personality by the law of any country or territory;

(b) the government of a country or territory, any public, local or municipal authority in Tanzania or elsewhere and any international organization or body, whether or not its members include Tanzania and whether or not having legal personality.

PART II: THE BOARD AND ITS FUNCTIONS (regs 3-23)

3. Board to pursue objectives of the Centre

Subject to the provisions of the Act, the Board shall ensure that the objectives of the Centre are fulfilled and to that end the Board shall do or cause to be done the following matters to enable the Centre–

(a) to act as the statutory body to promote, assist and develop all aspects of economic activity by taking measures to encourage investment in Tanzania by persons other than the state in accordance with the aims of the Government policies and any Investment Promotion Programme;

(b) to prepare an overall policy and strategy for investment promotion and to prepare an annual Investment Promotion Programme for approval of the Government and to apply the approved policy, strategy and programme;

(c) to co-operate with ministers, divisions, departments, corporation, boards, authorities, agencies, public enterprises municipal or regional authorities and other relevant persons to implement the Investment Promotion Programme to take steps to co-ordinate arrangements with relevant persons whereby investment in Tanzania can be carried out expeditiously and with minimum financial cost or other burden;

(d) to ensure that all required measures to facilitate business activity in Tanzania are identified and brought to the attention of the Government, including requirements for physical amenities, infrastructure, manpower and training, processing of applications for permits and licences and to devise measures that will encourage the provision of these requirements;

(e) in consultation with the Minister, to form a Consultative Committee with representatives of relevant bodies including Lands, Immigration and Revenue Authority to ensure common understanding of investment matters and to give effect to the commitment required by the Government for priority treatment to investor related matters;

(f) to effectively communicate and build public support for investment from all sources and to create public understanding of the necessity for a strong private sector involvement in the economy to increase investment, exports and living standards;

(g) to advise and assign Government endeavours to promote facilitate and conclude bilateral and multilateral agreements for the promotion and protection of investment with other countries.

4. Activities of the Board

Subject to the provisions of the Act the board shall–

(a) keep the functions of the Centre under constant review to ensure that it achieves its objectives;

(b) constantly monitor the national investment situation as well as world investment climate and to propose measures to be adopted to make the investment environment in Tanzania more competitive;

(c) submit to the Minister quarterly progress reports on the activities of the Centre.

5. Disqualification of members

A member of the Board appointed according to the provisions of the Act shall vacate office if–

(a) he is incapable by reason of mental disorder, illness or injury, of managing and administering his affairs; or

(b) by notice in writing given to the Minister, Chairman and the Secretary he intends to resign his office. The resignation shall take effect on the date on which the notice is received by the Minister; or

(c) he is convicted of a criminal offence or any offence involving fraud or dishonesty whether in connection with business or not and whether in connection with the work of the Centre or not; or

(d) he becomes bankrupt or makes any arrangement or composition with his or her creditors; or

(e) having been given proper notice of each meeting, he or she is absent from three consecutive meetings of the Board without the prior written permission of the Chairman, or in the case of the Chairman without the prior written permission of the Minister;

(f) the member or Chairman shall automatically cease to be a member or Chairman of the Board and the Centre shall inform the Minister or in the case of the Chairman, the President, in writing immediately after the third consecutive Board meeting from which the member or Chairman has been absent and the Minister, or in the case of the Chairman, the President shall appoint a member and the person appointed shall be appointed in the same manner as the member of the Board who occasioned the casual vacancy; or

(g) at any time for substantial reasons he or she be removed from membership of the Board by the Minister, or in the case of the Chairman by the President, if, in the Minister's opinion, or in the case of the Chairman, if, in the President's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister, or in the case of the Chairman appears to the President, to be necessary for the effective performance of the functions of the Board.

6. Termination of membership

The President may remove the Chairman and the Minister may terminate the appointment of a member of the Board by giving notice of the termination in writing to the member, Chairman and the Secretary at the same time.

7. Filling of casual vacancy

If a member of the Board dies, resigns, retires, becomes disqualified or is removed from office, the Minister, or in the case of the Chairman, the President, may appoint a person to be a member of the Board to fill the casual vacancy so occasioned and the person appointed shall be appointed in the same manner as the member of the Board who occasioned casual vacancy.

8. Board to act notwithstanding vacancies

The Board may act notwithstanding one or more vacancies amongst its members.

9. Meetings of the Board

The Board shall hold such and as many meetings as may be necessary for the performance of its functions but in any event it shall arrange to meet regularly at least once a month as far as practicable on the same week, and day and at the same time and place.

10. Request of special meeting

The Chairman or the Executive Director, acting alone or pursuant to a request in writing made by two members may arrange a special meeting of the Board.

11. Failure to arrange special meeting

If the Chairman or the Executive Director fails or refuses to arrange a special meeting of the Board within fourteen days of the date of receipt of the request from two Board Members and no meeting of the Board has taken place, then any three members of the Board may request the Chairman or the Executive Director to convene the special meeting and the Chairman or the Executive Director shall be obliged to comply with the request.

12. Standing Orders and procedure of the Board

The Board may regulate by Standing Orders or otherwise, the procedure and business of the Board.

13. Invitation of expert(s)

The Board may invite any person with expert knowledge on matters before the Board to take part in a meeting of the Board but the person shall not have any voting rights, and at a meeting of the Board–

(a) the Chairman of the Board appointed pursuant to the Act shall be the Chairman of the meeting and, if and for so long as the Chairman of the Board is not present, or if the office of the Chairman is vacant, the members of the Board who are present shall choose one of their number to be the Chairman of the meeting; and

(b) each member present, including the Chairman shall have a vote and any question on which a vote is required in order to establish the Board's view on the matter shall be determined by a majority of votes of the members present and voting on the question and, in the case of an equal division of votes, the Chairman of the meeting shall have a second and casting vote.

14. Quorum

The quorum for the transaction of the business of the Board shall be four members provided that there shall be no quorum, unless the Chairman or in his absence, the Secretary is present.

15. Resolution in writing

Subject to the provisions of the Act, a resolution in writing signed by all the members of the Board shall be as valid and effective as if the same had been passed at a meeting of the Board duly convened and held.

16. Minutes

Minutes in proper form of each Board meeting, or of a Committee of the Board, shall be kept by an individual appointed by the Board and shall be confirmed by the Board at the next Board meeting and signed by the Chairman of that meeting and when confirmed and signed shall be accepted for decisions kept and taken at the meeting concerned and the minutes shall be maintained by the Secretary.

17. Defect in appointment of member

All acts done at a meeting of the Board, or of a Committee of the Board shall, notwithstanding that it be afterwards discovered that there was a defect in the appointment of any member or that any of them were disqualified from holding office, or had vacated office or were not entitled to vote, be as valid as if every, such person has been duly appointed to act as a member of the Board and has been entitled to vote.

18. Conflict of interest and disclosure

Where an individual is a member of the Board, the Executive Director, a member of the staff of the Centre, a member of a Committee of the Board, or a consultant, adviser or other person engaged by the Board (or a member of the Board or staff of a Board of a subsidiary or related body) has a pecuniary interest or other beneficial interest in or material to any matter including a direct or indirect interest in any person or in an undertaking or property or contract or investment made or proposed to be made or any other matter which has to be considered by the Board or committee of the Board or a subsidiary or related body, the individual shall–

(a) declare the nature of the interest to the Board at a meeting of the Board prior to any consideration of the matter;

(b) cause the disclosure to be recorded in the minutes of the meeting concerned;

(c) not be present during any deliberations of the Board with respect to the matter;

(d) not take part or seek to influence any decision of the Board with respect to the matter; and

(e) not act in relation to the matter.

19. Beneficial interest

For the purposes of regulation 18 a person shall be regarded as having beneficial interest if–

(a) he or a connected person, or any nominee of his or the connected person is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in regulation 18;

(b) he or a connected person is in partnership with or is in the employment of a person who has a beneficial interest in or material to, a matter referred to in regulation 18; or

(c) he or a connected person is a party to any arrangement or agreement whether or not enforceable concerning a matter referred to in regulation 18.

(2) For the purposes of this regulation and regulation 18, a person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of having an interest in any company or any other body or person mentioned in regulation 19(1) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(3) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with the requirements of regulation 19, the question shall be determined by the Board (or Board of the subsidiary as the case may be); and particulars of such determination shall be recorded in the minutes of the meeting concerned.

(4) Where a person referred to in this regulation fails to make a disclosure in accordance with regulation 18, the Minister shall decide the appropriate action to be taken including removal from office or termination of contract.

20. Board may delegate its powers

Members of the Board may delegate any of their powers to Committees consisting of such members of their board, or otherwise, as they think fit and may revoke such delegation. Any Committee so formed shall, in the exercise of the powers so delegated, conform to these regulations and any regulations that may from time to time be imposed on it by the Board.

21. Performance of functions by the Board

Without prejudice to regulation 20, the Board may–

(a) perform any of its functions through or by any member of its staff or through other person or persons duly authorized in writing by the Board in that behalf;

(b) delegate functions to a Committee constituted by the Board or to any of its members or to any members of its staff or other person duly authorized by the Board in that behalf;

(c) constitute Committees for the purposes of this regulation and may dissolve a Committee and membership of a Committee may include persons who are not members of the Board or members of its staff.

22. Conditions applicable to Committees

The conditions of office applicable to members of the Board and in particular those conditions on disclosure or interest shall apply to members of Committees constituted by the Board.

23. Validity of acts of Board members or committees

All acts done by a meeting of the Board, or of a committee of the Board shall notwithstanding that it be afterwards discovered that there was defect in the appointment of any member or that any of them were disqualified from holding office, or had vacated office or were not entitled to vote, be as valid as if every such person has been duly appointed and was qualified and had continued to act as a member of the Board and has been entitled to vote.

PART III: ADMINISTRATION AND FINANCIAL MATTERS OF THE CENTRE (regs 24-40)

24. Appointment of Executive Director

(1) The President shall appoint the Executive Director from a list of three, suitably qualified and experienced persons, submitted by the Minister.

(2) Subject to sub-regulation (1) the list of candidates must be submitted by the Minister not later than three months from notice of vacancy in the position having been received by the Chairman and, on the first occasion, within two months of the effective date of these regulations.

(3) The Executive Director shall hold office for a term of five years and upon any such terms and conditions including remuneration as the Board with the consent of the Minister may determine.

(4) The President may re-appoint the Executive Director for one further term of five years.

(5) The Executive Director shall not hold any other office or position or carry on any business or investment without the consent of the Board.

25. Responsibility of Executive Director

Subject to the control of the Board, the Executive Director shall be responsible for the management of the operations, undertakings and property of the Centre, the successful implementation of Investment Promotion Programme, supervision and control of the activities of the officers and other staff of the Centre in the course of their employment.

26. Secretariat

Subject to the provisions of the Act, in addition to the Executive Director, the Board may employ such other officers as the Board may determine who shall ensure that the functions of the Centre as envisaged under the Act are discharged in a manner that translates the activities of the Centre into prompt and efficient services. The Executive Director, the officers and other staff shall form the Secretariat of the Centre.

27. Qualification of Executive Director and officers

The Executive Director and the officers of the Center shall be persons of highest standards of technical competence, efficiency and integrity, with skills, knowledge, interest and experience in Investment Promotion.

28. Remuneration of Executive Directors and officers of the Centre

(1) The Executive Director and the officers of the Centre will receive remuneration which is competitive and commensurate with the status of their positions.

(2) The Executive Director and the other officers will be entitled to other fringe benefits, as shall be determined by the Board from time to time.

29. Powers and duties of the Executive Director

(1) The Executive Director will participate in the meetings of the Board as an ex officio member and in terms of section 7(4) of the Act he will act as the Secretary to the Board. The Executive Director will execute all resolutions and decisions of the Board and, subject to the control of the Board, will in general supervise and control all the Centre's business and affairs.

(2) The Executive Director shall, notwithstanding the terms and conditions of his appointment and subject to the Control of the Board–

(a) ensure that the Board is kept informed on all facts of the activities of the Centre and actual and potential implementation problems;

(b) present to the Board an annual budget during a Board Meeting convened for that purpose, and supplemental budgets as necessary, and an annual report of the Centre's activities over the past calendar year and plans for the new calendar year;

(c) together with the Chairman or one other member of the Board witness the official seal of the Centre or sign any deeds, mortgages, contracts and other instruments whose execution the Board has authorized;

(d) see that all notices are duly given, and keep records of the proceedings and of resolutions of the Board in Minute Books kept for his custody of all the correspondence files and all other papers and records generated by the business of the Centre. Minutes must be confirmed by the Board and signed by the Chairman;

(e) ensure that documents setting all material events relating to the Centre's performance and finances, including but not limited to matters affecting investors, dealings and relationships with other departments of the Government, investors, suppliers for discussion and decisions at Board meetings, are prepared and circulated in advance.

30. Secretary to the Board

(1) In his capacity as Secretary to the Board, the Executive Director shall perform the functions of keeping accurate records of all formal proceedings and decisions of the Board, ensuring that the Centre complies with the laws in undertaking its activities, and shall carry out such other functions as the Board may direct.

(2) Notwithstanding the generality of sub-regulation (1) above the Secretary shall–

(a) maintain accurate copies and records of all organizational documents (including the Act, regulations and any rules or order and other records decided by the Board);

(b) file reports noting the date of presentation;

(c) issue written notice of meetings;

(d) prepare agenda for decision by the Board;

(e) maintain a roster of members;

(f) prepare the minutes of meetings;

(g) ensure documents for Board meetings are available to members at reasonable times and places;

(h) maintain accurate lists of all committees established by the Board; and

(i) notify persons chosen as members of committees.

31. Source of funds

In each financial year there may be paid by the Government to the Centre the amounts as the Government may sanction out of moneys provided by Parliament to enable the Centre to meet its administration, capital and general expenses and to discharge the obligations or liabilities incurred by the Centre and the Board under the Act.

32. Fees

The Centre may charge and collect fees and retain revenue from fees or other sources.

33. Other sources of funds

The Board may with the prior written consent of the Minister of Finance, receive funds by way of schemes, grants or other financial facilities or donations or otherwise from any source in or outside Tanzania.

34. Control of funds

Subject to the provisions of the Act, the Executive Director will keep charge of the funds, receipts and disbursements of the Centre. The Executive Director shall receive and keep receipts for monies due and payable to the Centre from any source whatsoever, and deposit all such monies, cheques, and other credits in the name of the Centre in such banks or other depositories as designated by the Board. The Executive Director will be in charge of the books of accounts and make them available for inspection by auditors, and whenever required, shall account for the financial conditions of the Centre and of all transactions made.

35. Financial and Staff Regulations

The Board shall cause to be made Financial Regulations and Staff Regulations which shall be known as the TIC Financial Regulations and TIC Staff Rules and Regulations respectively and which shall come into force on a date appointed by the Board.

36. Accounts and annual report

The Centre shall submit to the Minister any other reports and information on its functions and activities as he or she may from time to time request.

37. Content of annual report

The annual report and accounts shall include an account of the performance and activities of the Centre, information on Board members and their attendance record at the meetings of the Board and shall specifically comment on the results of the Investment Promotion Programme and the impact of the programme on the economy.

38. Other reports and information relating to the Centre

 The Centre shall submit to the Minister any other reports and information on its functions and activities as he may from time to time request.

39. Financial year of the Centre

The financial year of the Centre shall be the same as the financial year of the Government.

40. Disclosure of information

(1) A person shall not disclose any information obtained–

(a) while performing duties as a member of the Board or of any board or committee or as a member of the staff, legal advisor or consultant to the Board; or

(b) as a member of the Board or of the staff of anybody consulted in pursuance of any provision of the Act, while performing duties relating to consultations.

(2) Nothing in sub-regulation (1) shall prevent disclosure of information in a report made to the Board or on behalf of the Board to the Government.

PART IV: INVESTMENT APPLICATION AND REGISTRATION (regs 41-49)

41. Who may register

Any legal or natural person may subject to complying with the requirements of the Act register a business enterprise with the Centre.

42. How to register

Applications for registration shall be made in the Form No. TIC-1 prescribed in the Schedule to these regulations and delivered to the Executive Director who shall retain and register them.

43. Powers of the Executive Director

(1) Notwithstanding the provisions of regulation 42 the Executive Director may, where the investor has not met the requirements of the Act, refuse to register the investment.

(2) Where the Executive Director refuses to register an investment under sub-regulations (1) the investor may within 30 days of the decision not to register being communicated to him or her, appeal to the Minister in writing giving reasons why the enterprise should be registered and the Minister shall not later than 30 days upon receiving the appeal give his decision on whether or not the enterprises should be registered.

44. Issue of Certificate of Incentives

On the registration of the investment, the Executive Director shall issue a Certificate of Incentives under the Seal of the Centre.

45. Benefits under Certificate of Incentives

Pursuant to section 19(2) of the Act, a business enterprise in respect of which a certificate is granted shall be entitled to enjoy benefits obtained under the Act and the applicable financial laws on the date of issue of the Certificate and the benefits so enjoyed shall not be amended to his detriment by any subsequent legislation.

46. Certificate is conclusive evidence

A Certificate of Incentives issued by the Centre in respect of a business enterprise shall be conclusive evidence that all the requirements of the Act and these regulations in respect of registration and of matters precedent and incidental thereto have been complied with.

47. Change of name, shareholding or control

Where a registered business enterprise changes its name, or ownership or equity control, the Executive Director shall upon receipt of confirmation of change effected as per statutory requirements under the Companies Act or the Business Names (Registration) Act or any other relevant law governing the type of the change issue an amended Certificate of Incentives to meet the circumstances of the case.

48. Change not to affect benefits

Subject to the minimum capital requirement under the Act, any changes referred to in regulation 47 above shall not affect any rights or obligations of the enterprise.

49. Factors to be considered by Minister

The Minister shall, in the exercise of his powers in relation to additional benefits for strategic or major investments pursuant to section 20 of the Act be guided by the following–

(a) the size of the investment and its general impact on the national economy;

(b) significant job creation;

(c) export and foreign exchange earning capacity;

(d) introduction of new technology; and

(e) investment in special geographical area.

PART V: INVESTMENT PROMOTION ACTIVITIES (regs 50-51)

50. Investment Promotion Programme

(1) In promoting investment opportunities available in the Country, the Centre shall–

(a) prepare and submit to the Board an Investment Promotion Programme and on approval by the Board either with or without changes the Investment Promotion Programme will be submitted to the Minister for his or her approval;

(b) on approval by the Minister, take all steps necessary to ensure that the Investment Promotion Programme is implemented.

(2) The Investment Promotion Programme may be amended by the Board during the course of a year and where the amendment is reasonably substantial the amendment shall be submitted to the Minister for his or her prior approval which shall not be unreasonably withheld.

(3) The Investment Promotion Programme and amendments to it shall be published in the government media, the web site of the Centre and notice of its publication shall be inserted in the Government Gazette.

51. Implementation of the Programme

(1) For purposes of implementing the Investment Promotion Programme the Centre shall–

(a) market the country as an investment destination to potential local and foreign investors by disseminating information, organization of public relations activities and advertising investment opportunities to build and improve the image of Tanzania as a favourable investment destination;

(b) keep under review the progress made in the attainment of the objectives and purposes of the Act and to publish reports and provide information for the purpose of enhancing investor's and public awareness of such progress and of the problems and remedies that exist in relation to the investment climate in Tanzania;

(c) develop professional knowledge, skills and other technical capacity to advise the Government on investment policy and other investment related matters.

(2) The Centre shall assist investors in particular Small and Medium Scale Enterprises (SMEs) both current and prospective, to resolve their problems by providing investment information and services and liaising with all Government Agencies to facilitate the grant to investors of all necessary licences, permits and authorizations.

PART VI: REQUIREMENT TO FILE INFORMATION (regs 52-54)

52. Investor's Report

Every business enterprise registered under the Act shall once at least in every six months during the implementation period file information to the Centre in the prescribed Form No. TIC 3 set out in the Schedule to these Regulations, on the project implementation in conformity with the terms of its registration.

53. Content of Report

The information required in regulation 52 above shall contain–

(a) a summary of the capital injection to meet the investment for which a Certificate of Incentive was granted;

(b) shares issued to the members of the business enterprise for cash;

(c) shares issued as fully or partly paid up otherwise than in cash;

(d) an allotment return filed with the Registrar of Companies.

54. Form of Report

The returns shall be in accordance with the Form No. TIC 3 set out in the Schedule to these Regulations or near thereto as circumstances permit and may be part of the statutory audited accounts of the enterprise.

PART VII: LAND MATTERS (reg 55)

55. Stationing of Land Officers and Issuance of Derivative Titles to Investors

(1) Pursuant to the provisions of sections 6(d) and 16(8) of the Act, the land officers who shall be stationed at the Centre shall be charged with the duty of making fast track arrangements with the Ministry responsible for lands for purposes of investment under the Act.

(2) In co-ordination with the Ministry of Lands, the land officers stationed at the Centre shall receive and process application for derivative titles for land designated for investment purposes and shall advise the Executive Director of the Centre to issue such derivative titles to investors in accordance with section 20 of the Land Act.

(3) The Executive Director of the Centre shall within fourteen working days after receipt of the advice of the land officers and upon being satisfied that the advice is in conformity to the law, issue to an investor a derivative title for designated land.

PART VIII: FACILITATION OF IMMIGRATION AND LABOUR MATTERS, BUSINESS REGISTRATION AND LICENSING (regs 56-57)

56. Residence and work permits, certificates of business registration and licencing

Pursuant to the provisions of section 16 and section 18(1)(d) and (e) of the Centre shall upon application by the investor assist the investors to secure residence and work permits, certificates of registration of business and requisite licences within fourteen working days of receipt of such an application.

57. Stationed officers to speed up process of approval

Pursuant to the provisions of section 6(d) and 16(8) of the Act, the Immigration Officer and Labour Officer who shall be stationed at the Centre shall co-ordinate and facilitate the processing of residence and work permits on the basis of applications channelled through the Centre by investors, so as to secure issuance of the permits within fourteen working days of receipt of such applications.

PART IX: INVESTMENTS IN MINING AND PETROLEUM SECTORS (regs 58-59)

58. Access to guarantees and transfer of profits

Pursuant to section 2(3) of the Act, the Centre shall automatically issue, a Certificate of Incentives to any investor holding a mineral right granted under the Mining Act or a licence granted under the Petroleum (Exploration and Production) Act to enable them enjoy the guarantee of transfer of capital, profits and dividends provided for under section 21 of the Act; and guarantees against expropriation as provided for under section 22 of the Act.

59. Enjoyment of other facilities under the Act

Subject to the Act and the provisions of any other relevant written laws for the time being in force, an Investor in Mining or Petroleum sector shall be accorded similar treatment by Government authorities as is accorded to other investors upon producing his Certificate of Incentives issued by the Centre.

PART X: CO-ORDINATION OF INVESTMENT FACILITATION COMMITTEES AND TASK FORCES (regs 60-62)

60. Committees and Task Force

Pursuant to section 5 of the Act, the Centre shall co-ordinate the activities of the various committees and Task Forces composed or to be composed either by the Centre or other government authorities to determine and resolve investment matters for creation of conducive investment climate in the country.

61. Application to the Task Force on Capital Goods

For purposes of co-ordinating the activities of the National Task Force on Capital Goods (hereinafter called "the Task Force") the Centre shall receive from investors application in writing for review of the tax assessment made by Government authorities and shall forward the same to the Chairman of the Task Force to be included in the agenda of the next Task Force Meeting for decision.

62. Contents of the application

(1) In writing an application to a Committee or the Task Force, the investor shall state the following:

(a) The name of the registered enterprise.

(b) The type, size or quantity of the capital goods imported or locally acquired by the enterprise.

(c) The amount in Tanzania Shillings of the tax or duty assessed as payable by the enterprise in respect of the capital goods.

(d) The reasons for the objection to the assessed tax or duty.

(e) Nature of relief required from the Task Force.

(2) The Investor shall attach to such an application any relevant document, precedent or other supporting material that may assist the Task Force or a committee to reach a fair judgement on the matter in accordance with its mandate and the law.

(3) For purposes of determining capital goods for lead and priority sectors, regard shall be paid to the industry specifics and as such capital goods shall include all and entire items or parts that are essential to complete the project installation ready for production of goods or services.

PART XI: MISCELLANEOUS PROVISIONS (regs 63-67)

63. Engagement of consultants

Subject to the provisions of any other written laws, the Centre may, out of money available to it, from time to time engage advisers, consultants or managers for the discharge of its duties, powers and functions and may contract with any person for the performance of any of its duties, powers and functions and the carrying out of any work it is authorized to do.

64. Procedure for engaging consultants or contractors

The Centre may delegate to a person engaged pursuant to regulation 65 by agreement the duty to do the work and thereupon he shall have concurrent right to exercise such of the powers conferred to the Centre by the Act as are necessary for doing the work and as are specified in the agreement.

65. Doing of work by the Centre to include doing of work by contractors

References in these Regulations to the doing of work by the Centre shall be construed as including the doing of it by a contractor authorised under regulation 64.

66. TIC Tender Board

(1) The Executive Director shall appoint the Tanzania Investment Centre Tender Board pursuant to the provisions of section 15 and Schedule V of the Public Procurement Act and to carry out duties within pecuniary limits set out under the law.

(2) The Executive Director shall keep the Board informed of the decisions of the Tender Board and their implementations.

67. Implementation of the Financial and Staff Regulations

The Executive Director shall be responsible for the effective implementation of the Financial Regulations and Staff Rules and Regulations and shall report to the Board at least once each year on the implementation of these Regulations with recommendations for changes to be made to ensure transparency, accountability and fairness in the Centre's operations.