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TANZANIA

Since January 2018

Pillar Telecom infrastructure & competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
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
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ITA: [{"meta_value":"1.00"}]

TANZANIA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.31%
Coverage rate of zero-tariffs on ICT goods (%)
48.46%
Coverage: Digital goods

TANZANIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
TTCL (Tanzania Telecommunications Company Limited) is a state-owned telecommunications company in Tanzania that offers fixed-line, mobile, broadband internet, and data services. The company also has a fibre optic network throughout the country, enabling it to offer high-speed connectivity services to businesses and homes. TTCL has been a key player in the expansion of Tanzania's telecommunications infrastructure and the promotion of internet access and other telecommunications services throughout the country.
TTCL was privatised in February 2001, when a Consortium MSI of the Netherlands and Detecon of Germany acquired 35% shares of the company from the Government of Tanzania. However, the Government of Tanzania fully repossessed TTCL ownership by 100% from June 2016. Tanzanian government owns 40% of Bharti Airtel. The Government of Zanzibar (a partly self-governing state in Tanzania) owns a 15% stake in Zanzibar Telecom (Zantel).
It is reported that the government's effort to privatise TTCL has stalled. TTCL has been given management of the national fibre backbone and will service all districts; private operators must contract for service with TTCL. In addition, investors report that though the government has authorised some private companies to build terrestrial fibre networks, governing regulations remain unclear and inconsistently applied.
Coverage Telecommunications sector

TANZANIA

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (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

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar 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 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  |  Sub-pillar 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  |  Sub-pillar 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  |  Sub-pillar 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

SWEDEN

Since June 2018, last amended in November 2024

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Gambling Act (2018:1138) (Spellag (2018:1138))
The Gambling Act (2018:1138) establishes licensing requirements for the provision of online gambling services. Chapter 4 (Section 4) includes the requirement for third-country license applicants to have a physical representative who is a resident of Sweden.
Coverage Online gambling services

SWEDEN

Since June 2014
Since February 2005

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Law (2005:59) on Distance and Off-Premises Contracts (Lag (2005:59) om distansavtal och avtal utanför affärslokaler)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Law (2005:59) on distance and off-premises contracts.
Coverage Horizontal

SWEDEN

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Sweden has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

SWEDEN

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Sweden has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

SWEDEN

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Sweden has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

SWEDEN

Since July 2000
Since June 2002, entry into force in July 2002, last amended in December 2024

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Act on Electronic Commerce and Information Society Services (2002) (Lag (2002:562) om elektronisk handel och andra informationssamhällets tjänster)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Act on Electronic Commerce and Information Society Services (2002) implements Directive 2000/31/EC (E-Commerce Directive), however it fails to establish a conditional safe harbour for Internet Service Providers (ISPs) in Sweden.
Coverage Internet intermediaries

SWEDEN

Since July 2000
Since June 2002, entry into force in July 2002, last amended in December 2024

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Act on Electronic Commerce and Information Society Services (2002) (Lag (2002:562) om elektronisk handel och andra informationssamhällets tjänster)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Act on Electronic Commerce and Information Society Services (2002) implements Directive 2000/31/EC (E-Commerce Directive), however it fails to establish a conditional safe harbour for Internet Service Providers (ISPs) in Sweden.
Coverage Internet intermediaries

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