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TANZANIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Tanzania mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

TANZANIA

Since March 2010, as amended in 2017, last amended in 2022
Since January 2018
Since June 2017

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Electronic and Postal Communications

Electronic and Postal Communications (Licensing) Regulations, 2018

Finance Act 2017
According to Art. 26 of the Electronic and Postal Communications Act 2010, as amended in 2017 by the Finance Act (2017), licensees holding Network Facilities and Network Service licenses are required to offer at least 25% of their shares to the public—both local and foreign—through an Initial Public Offering (IPO) on the Dar es Salaam Stock Exchange (DSE). If a licensee fails to meet the prescribed 25% threshold of issued and paid-up share capital following the IPO, the Capital Markets and Securities Authority, in consultation with the Minister responsible for Capital Markets and considering market conditions, will issue directives to guide the licensee on how to achieve the 25% shareholding requirement. This requirement is also confirmed in Section 22(a) of the Licensing Regulations (2018).
Additionally, the application and initial licensing fees vary depending on the type of license and coverage area—International, National, or Regional. According to the first schedule of the Electronic and Postal Communications (Licensing) Regulations, the fees for Network Services are as follows: International coverage requires an application fee of USD 10,000, an initial license fee of USD 300,000, and a renewal license fee of USD 400,000; National coverage requires an application fee of USD 5,000, an initial license fee of USD 600,000, and a renewal license fee of USD 750,000; Regional coverage requires an application fee of USD 2,000, an initial license fee of USD 23,100, and a renewal license fee of USD 26,500.
Coverage Telecommunications sector

TANZANIA

Since January 2018

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Electronic and Postal Communications (Licensing) Regulations, 2018
Section 20 (b) of the Electronic and Postal Communications (Licensing) Regulations, 2018, establishes that an applicant for the individual license shall submit to the Authority a business plan together with other documents as provided for under the Licensing Regulations.
Coverage Telecommunication sector

TANZANIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Tanzania has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

TANZANIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Tanzania Communications Regulatory Authority (TCRA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

TANZANIA

Since January 2018

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Electronic and Postal Communications (Licensing) Regulations, 2018
Section 22 (b) of the Licensing Regulations, 2018 stipulated that the majority shareholders (51%) of the Content Service Licensee should be Tanzanian citizens. The Content Licensee, under the regulations, is an entity authorised to provide radio or television broadcasting free to air or content services by subscription. According to Art. 27, a content services licence for subscription includes "Channel aggregation", that is the packaging of individual licensed or authorized channels into a specific basket of channels for distribution by a multiplex operator. The latter is a digital transmission channel which combines program material and other data in a digital form for transmission via a frequency channel.
Coverage Digital TV sector

TANZANIA

Since January 2018

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Electronic and Postal Communications (Licensing) Regulations, 2018
Section 22 of the Electronic and Postal Communications (Licensing) Regulations stipulates that foreign investment in the telecommunications sector is restricted to a maximum of 75%.
Coverage Telecommunications sector

TANZANIA

Since July 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
The Patents (Registration) Act Cap 217 R.E 2002
Under the Patents (Registration) Act Cap 217 R.E 2002, foreigners may obtain the same protection as nationals of Tanzania. However, according to Art. 18 of the law, applicants not residing in Tanzania must appoint a patent attorney domiciled in the country to represent the applicant before the Patent Office. In addition, according to Art. 26, foreign parties may pay the required fees only through a patent agent domiciled in Tanzania.
Coverage Horizontal

TANZANIA

Since September 1999

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Tanzania is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

TANZANIA

Since December 1999

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright and Neighbouring Rights Act, 1999
Tanzania’s copyright framework is established under the Copyright and Neighbouring Rights Act. The Act does not provide for an open-ended fair use or fair dealing standard. Rather, it sets out a closed list of narrowly defined exceptions, limiting lawful uses to specific, enumerated purposes that are subject to the principle of “fair practice”. This principle requires that any permitted use be compatible with fair practice and confined to what is justified by the relevant purpose. Sections 12 and 26 list the exceptions, which include utilisation for the purposes of education and utilisation by way of illustration in an original work of an author or authors, provided that the extent of such utilisation is compatible with fair practice, among others.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TZ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"103939"},{"post_id":"103940"},{"post_id":"103941"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TZ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TZ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

TANZANIA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.56%
Coverage rate of zero-tariffs on ICT goods (%)
50.27%
Coverage: ICT goods

TANZANIA

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Tanzania is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

TANZANIA

Since September 2023, entry into force in September 2024
Since December 2013, last amended in October 2018

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Public Procurement Act, 2023

Public Procurement Regulations, 2013
According to Art. 56.1 of the Public Procurement Act 2023, tenderers may participate in procurement proceedings regardless of nationality, unless the procuring entity restricts participation based on nationality as permitted under this Act, accompanying regulations, or other applicable laws. Art. 57 further stipulates that when a Tanzanian public body fully funds a procurement, contracts for works, goods, or services valued at or below TZS 1,500,000,000 (approx. USD 566,976) must be reserved exclusively for local individuals or firms.
Additionally, Section 6 of the Public Procurement Regulations 2013 (which remain in effect until new regulations are enacted under Art. 131 of the 2023 Act) prohibits procuring entities from denying prequalification to firms unless they lack legal capacity, financial capability, or sufficient experience to perform the contract. Nationality cannot be grounds for denial unless commercial relations with the firm’s country are explicitly restricted by Tanzanian laws or regulations. However, under Section 150.1, foreign firms may only participate in international competitive tenders. International competitive tendering is required when (i) payments are made partially or entirely in a foreign currency or (ii) broad international participation is sought, irrespective of the estimated value of the goods or works to be procured.
Coverage Horizontal

TANZANIA

Since September 2023, entry into force in September 2024
Since December 2013, last amended in October 2018

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement Act, 2023

Public Procurement Regulations, 2013
According to Art. 56.2 of the Public Procurement Act 2023, the procuring entity shall grant a margin of preference for the benefit of tenders for certain goods manufactured in Tanzania, for works by Tanzania contractors, or services provided by Tanzania consultants, when procuring goods, works, or services by means of international or national tendering or when evaluating and comparing tenders, provided that this is clearly stated in the tender documents.
Regarding goods, according to Art. 60 of the Public Procurement Act 2023 and Art. 37 of the Public Procurement Regulations 2013 (which remain in effect until the publication of new regulations as mandated by Art. 131 of the Public Procurement Act 2023), the margin of preference can go up to 15% for domestically manufactured or produced goods and related services in contracts awarded through international or national competitive tendering.
Regarding contracts for works, consultancy or non-consultancy services, the procuring entity shall grant a margin of preference of up to 10% to local firms or association between local and foreign firms, according to Section 34 of the Public Procurement Regulations 2013.
Coverage Horizontal

TANZANIA

Since September 2023, entry into force in September 2024

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement Act, 2023
According to Art. 64 of the Public Procurement Act, purchasing body shall allocate a percentage of its annual procurement for special social groups in accordance with the procedures specified in the regulations. In making the regulations the Minister shall consult with the ministries responsible for special groups. For the purposes of this section, "special groups" include women, youth, the elderly and persons with special needs.
Coverage Horizontal

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