TANZANIA
Since January 2018
Pillar Telecom infrastructure & competition |
Indicator 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
Sources
- https://web.archive.org/web/20250128163306/https://www.tcra.go.tz/download/sw-1619086529-The%20Electronic%20and%20Postal%20Communications%20%28Licensing%29%20Regulations,%202018.pdf
- https://web.archive.org/web/20250109080425/https://www.state.gov/reports/2023-investment-climate-statements/tanzania/
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=2906456&id2=&id3=&sPath=000021090010903&mzMode=Modes3
- Show more...
TANZANIA
N/A
Pillar Telecom infrastructure & competition |
Indicator 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.
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 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
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
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.
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
Sources
- https://web.archive.org/web/20241121155920/http://parliament.go.tz/polis/uploads/bills/acts/1452072364-ActNo-3-2010.pdf
- https://web.archive.org/web/20220729090357/https://www.tcra.go.tz/uploads/documents/sw-1619086529-The%20Electronic%20and%20Postal%20Communications%20(Licensing)%20Regulations,%202018.pdf
- https://www.tcra.go.tz/download/sw-1619083753-Tha%20Finance%20Act,%202017.pdf
- https://web.archive.org/web/20230319054757/https://www.tcra.go.tz/uploads/documents/sw-1619018762-General%20Guidelines.pdf
- Show more...
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 May 2015, last amended in June 2023
Pillar Cross-border data policies |
Indicator Local storage requirement
Tax Administration Act
According to Section 35 of the Tax Administration Act, every person who is taxable or otherwise liable under any tax legislation is required to maintain records, either in paper or electronic format, within the territory of the Tanzania. These records must contain information that is to be submitted to the Commissioner General in accordance with any applicable tax law, support the accurate determination of tax liabilities, and comply with any requirements prescribed by the Commissioner General or relevant regulations. Additionally, any person who maintains records in electronic form must ensure that a primary data server for storing such documents is located within the country. This server must be accessible to the Commissioner General for the purposes of tax administration. The term "primary data server" refers to any physical, virtual, or other type of server that stores data generated or collected by the taxable or liable person in the ordinary course of business.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240719024756/https://procedures.tic.go.tz/media/Tax%20Administration%20Act%202015%20English%20Version.pdf
- https://web.archive.org/web/20230126101935/https://www.tcra.go.tz/uploads/documents/sw-1636619115-FINANCE%20ACT-%202021.pdf
- https://web.archive.org/web/20250619230351/https://www.tra.go.tz/images/uploads/acts/ACT_NO_7_THE_FINANCE_ACT_2023.pdf
- https://web.archive.org/web/20240503073436/https://www.gsma.com/solutions-and-impact/connectivity-for-good/mobile-for-development/wp-content/uploads/2024/04/GSMA_Oriel_DLR-Report.pdf
- Show more...
TANZANIA
Since June 2021
Since 2015
Since 2015
Pillar Cross-border data policies |
Indicator Infrastructure requirement
Outsourcing Guidelines for Banks and Financial Institutions, 2021
Payment Systems (Licensing and Approval) Regulations, 2015
Payment Systems (Licensing and Approval) Regulations, 2015
Guideline 10 (g) of the Outsourcing Guidelines for Banks and Financial Institutions stipulates that banks and financial institutions are prohibited from outsourcing their primary data centres to locations outside the country. In addition, Art. 42 of the Payment Systems Licensing and Approval Regulations requires a payment system provider to place its primary data centre in relation to payment system services in Tanzania.
Coverage Financial sector
Sources
- https://web.archive.org/web/20240816034849/https://www.bot.go.tz/Publications/Acts,%20Regulations,%20Circulars,%20Guidelines/Regulations/en/2020030903280842.pdf
- https://web.archive.org/web/20230207080958/https://www.bot.go.tz/Publications/Acts,%20Regulations,%20Circulars,%20Guidelines/Guidelines/en/2021063015241391.pdf
- https://web.archive.org/web/20240503073436/https://www.gsma.com/solutions-and-impact/connectivity-for-good/mobile-for-development/wp-content/uploads/2024/04/GSMA_Oriel_DLR-Report.pdf
- Show more...
TANZANIA
Since November 2022, entry into force in May 2023
Pillar Cross-border data policies |
Indicator Conditional flow regime
The Personal Data Protection Act 2022, Act No. 11 of 2022
Sections 31 and 32 of the Personal Data Protection Act permit the transfer of personal data outside Tanzania only on the following circumstances: a) to a country with an adequate personal data protection legal system (i.e. essentially equivalent levels of protection to that within Tanzania) provided the recipient has proven (i) such transfer is necessary for important reasons of public interest or any other legitimate purpose or (ii) the importance of the transfer and there is no reason to assume that the transfer or processing in the recipient country may prejudice the subject's legitimate interests. The data collector or processor must carry out a prior data protection impact assessment on the need to transfer personal data and ensure the recipient of the data only processes the relevant information in the data and for the purpose for which the data was transferred; b) to any other country with appropriate safeguards on the security and protection of personal data provided the data is transferred to be processed for a purpose approved by the data subject, unless the data subject has consented to such transfer, or the transfer is necessary:
- For the performance of a contract between the data subject and the data collector or the implementation of pre-contractual measures taken at the request of the data subject.
- For the conclusion or performance of a contract concluded or to be concluded in the interest of the data subject between the collector and another person.
- For any public interest or the establishment, exercise or defence of a legal claim.
- To protect the vital interests of the data subject.
- In accordance with a law aimed at giving information to the public, which affords an opportunity for public consultation in general or anyone with a legitimate interest to submit their comments in accordance with a procedure laid down by law.
- For the performance of a contract between the data subject and the data collector or the implementation of pre-contractual measures taken at the request of the data subject.
- For the conclusion or performance of a contract concluded or to be concluded in the interest of the data subject between the collector and another person.
- For any public interest or the establishment, exercise or defence of a legal claim.
- To protect the vital interests of the data subject.
- In accordance with a law aimed at giving information to the public, which affords an opportunity for public consultation in general or anyone with a legitimate interest to submit their comments in accordance with a procedure laid down by law.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230801103752/https://abcattorneys.co.tz/wp-content/uploads/2023/05/Personal-Data-Protection-Act-of-Tanzania-Sheria-ya-Ulinzi-wa-Taarifa-Binafsi-Tanzania-2022-ABC-Attorney...
- https://web.archive.org/web/20230528172155/https://www.dlapiperdataprotection.com/index.html?t=transfer&c=TZ
- https://www.dataguidance.com/notes/tanzania-data-protection-overview
- https://web.archive.org/web/20230511174813/https://altadvisory.africa/2023/05/10/tanzania-data-protection-act-comes-into-effect/
- https://web.archive.org/web/20230511174813/https://altadvisory.africa/2023/05/10/tanzania-data-protection-act-comes-into-effect/
- Show more...
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
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
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
TANZANIA
Since September 2023, entry into force in September 2024
Since December 2013, last amended in October 2018
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
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.
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
