ESWATINI
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)
0.2%
Coverage rate of zero-tariffs on ICT goods (%)
78.86%
Coverage: Digital 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
ESWATINI
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 Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Eswatini 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
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TANZANIA
Since 2015
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Tanzania has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
TANZANIA
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
Tanzania 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
TANZANIA
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
Tanzania has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
TANZANIA
Since October 2023
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Public Notice - Declaration of Use of Virtual Private Network (VPN)
In October 2023, the Tanzania Communications Regulatory Authority (TCRA) regulated the use of virtual private networks (VPNs). It is reported that VPN use without an official permit is prohibited in the country, and individuals and companies that wanted to obtain permission were required to notify the TCRA of their VPN use by October 2023. Penalties for non-compliance include fines of at least TZS 5 million (about USD 2,000) or a minimum of 12 months in jail.
Coverage VPNs
Sources
- https://web.archive.org/web/20250128171158/https://www.tcra.go.tz/uploads/documents/en-1697207437-DECLARATION%20OF%20USE%20OF%20VIRTUAL%20PRIVATE%20NETWORK%20-%20VPN%2013.10.2023%20%282%29.pdf
- https://web.archive.org/web/20240903135338/https://cioafrica.co/tanzania-imposes-ban-on-vpn-usage-without-a-permit/
- https://www.tcra.go.tz/vpn-details-form
- https://web.archive.org/web/20250128171352/https://www.state.gov/reports/2024-investment-climate-statements/tanzania/
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TANZANIA
Since March 2018, last amended in July 2020
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Electronic and Postal Communications (Online Content) Regulations (2020)
The Online Content Regulations, which were first introduced in 2018 and later replaced by the Online Content Regulations of 2020, require online content service providers to have an operating license. The license is applicable to providers who cover news, entertainment, educational, and religious content through blogs, social media pages, and similar services. Therefore, on top of traditional media websites, online TV and radio channels, individual bloggers and podcasters are required to have a license.
According to the regulations, a person can only provide content services after obtaining a license from the Tanzania Communications Regulatory Authority (TCRA). There are four categories of online content licenses available for providers of predominant news and current affairs: entertainment content, educational and religious content, and simulcasting. Upon successful application, the licensee is required to pay an initial fee of TZS 1,000,000 (USD 433 approx.) for a news and current affairs license, TZS 500,000 (USD 216 approx.) for an entertainment and education license or religious content license, and TZS 200,000 (USD 87 approx.) for a simulcasting license. The same fees apply for annual payments and license renewal, and the license is valid for three years. If a licensee breaches the terms and conditions of the license, the license may be suspended or revoked by the TCRA. The licensee is notified of the revocation or suspension and the reasons for it and must surrender the license to the TCRA within seven days after service of the revocation or suspension notice. In addition, the failure to adhere to these regulations makes the service provider liable to a fine of not less than five million shillings (equivalent to approx. 2,150 USD) or imprisonment for a term of not less than 12 months or both.
It is reported that content providers used to be able to register and get a single license to offer different types of content, but with the 2020 Regulations, they are required to obtain numerous permits based on the content they offer and can incur exorbitant licensing fees. In addition, it is reported that as a result of this licensing regime, some blogs were closed down.
According to the regulations, a person can only provide content services after obtaining a license from the Tanzania Communications Regulatory Authority (TCRA). There are four categories of online content licenses available for providers of predominant news and current affairs: entertainment content, educational and religious content, and simulcasting. Upon successful application, the licensee is required to pay an initial fee of TZS 1,000,000 (USD 433 approx.) for a news and current affairs license, TZS 500,000 (USD 216 approx.) for an entertainment and education license or religious content license, and TZS 200,000 (USD 87 approx.) for a simulcasting license. The same fees apply for annual payments and license renewal, and the license is valid for three years. If a licensee breaches the terms and conditions of the license, the license may be suspended or revoked by the TCRA. The licensee is notified of the revocation or suspension and the reasons for it and must surrender the license to the TCRA within seven days after service of the revocation or suspension notice. In addition, the failure to adhere to these regulations makes the service provider liable to a fine of not less than five million shillings (equivalent to approx. 2,150 USD) or imprisonment for a term of not less than 12 months or both.
It is reported that content providers used to be able to register and get a single license to offer different types of content, but with the 2020 Regulations, they are required to obtain numerous permits based on the content they offer and can incur exorbitant licensing fees. In addition, it is reported that as a result of this licensing regime, some blogs were closed down.
Coverage Online content providers
Sources
- https://web.archive.org/web/20230115005638/https://www.tcra.go.tz/uploads/documents/sw-1619088125-The%20Electronic%20and%20Postal%20Communications%20(Online%20Content)%20Regulations,%202020.pdf
- https://web.archive.org/web/20231023221204/https://www.theverge.com/2018/7/6/17536686/tanzania-internet-laws-censorship-uganda-social-media-tax
TANZANIA
Since May 2015
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Electronic Transactions Act, 2015
According to Arts. 33-36 of the Electronic Transactions Act, 2015, a person who intends to offer cryptographic or certification services shall apply to the regulator. Applicants must disclose a description of the technology to be applied to their services.
Coverage Cryptographic or certification service
TANZANIA
Since September 2014, last amended in Since January 2018
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations, 2018
According to Section 2 of the Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations (2018), these Regulations apply to electronic communications equipment imported or manufactured for use in the United Republic and intended for connection to any electronic communications network for the purpose of receiving or transmitting electronic communication signals.
Part III sets out the procedures for type approval of electronic communications equipment, including the manufacturer’s declaration of conformity. Under Section 6, manufacturers must declare that all electronic communications equipment conforms to international and national standards before it can be approved for use in the United Republic.
The 2018 Regulations repealed and replaced the Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations (2014), which had established the same type approval procedure for electronic communications equipment under Section 6.
Part III sets out the procedures for type approval of electronic communications equipment, including the manufacturer’s declaration of conformity. Under Section 6, manufacturers must declare that all electronic communications equipment conforms to international and national standards before it can be approved for use in the United Republic.
The 2018 Regulations repealed and replaced the Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations (2014), which had established the same type approval procedure for electronic communications equipment under Section 6.
Coverage Electronic communications equipment
Sources
- https://web.archive.org/web/20210801235518/https://www.tcra.go.tz/uploads/documents/sw-1619087350-The%20Electronic%20and%20Postal%20Communications%20(Electronic%20Communications%20Equipment%20Standard...
- https://ictpolicyafrica.org/api/documents/download?_id=5d4ab869a0c67b001b921eb0
- https://web.archive.org/web/20230130040818/https://www.tbs.go.tz/pages/inspection
- https://ib-lenhardt.com/type-approval/tanzania
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TANZANIA
Since May 2015
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Restrictions on encryption standards
Electronic Transactions Act, 2015
According to Art. 33 of the Electronic Transactions Act, a person who intends to offer cryptographic or certification services shall apply to the regulator. Applicants must disclose a description of the technology to be applied to their services. It is unclear whether this can entail disclosure of trade secrets.
Coverage Cryptographic or certification service
TANZANIA
Reported in 2021, last reported in 2024
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Tanzania does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
Sources
TANZANIA
N/A
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Local presence requirement for domain registration
The domain registration requires local presence or representation. It is reported that a business should be registered locally (as a local or foreign business) to get the local domain (co.tz). After registering the company (which may require either local presence or representation), domain registration can then be done online.
Coverage Horizontal
TANZANIA
Since May 2015
Since February 2018
Since February 2018
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Electronic Transactions Act, 2015
Electronic and Postal (Consumer Protection) Regulations 2018
Electronic and Postal (Consumer Protection) Regulations 2018
The Electronic Transactions Act (Section 28-32) and the Electronic and Postal (Consumer Protection) Regulations 2018 provide a comprehensive framework for consumer protection that also applies to online transactions. However, both acts are reported to not offer online complaint resolution provisions, which can lower consumers' confidence to participate in the digital trade. Furthermore, Tanzania recognises e-signatures under several laws, including the Arbitration Act of 2020 (Section 87), the E-government Act of 2019 (Section 27), and the Electronic Transactions Act of 2015 (Section 6).
Coverage Horizontal
Sources
- https://web.archive.org/web/20220729090401/https://www.tcra.go.tz/uploads/documents/sw-1619087013-The%20Electronic%20and%20Postal%20Communications%20(Consumer%20Protection)%20Regulations,%202018.pdf
- https://web.archive.org/web/20230628101118/https://www.ega.go.tz/uploads/publications/sw-1632643805-Act.pdf
- https://web.archive.org/web/20230523012553/https://www.parliament.go.tz/polis/uploads/bills/acts/1662105178-CHAPTER%20442-THE%20ELECTRONIC%20TRANSACTIONS%20ACT%20.pdf
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TANZANIA
Since August 2017
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Electronic and Postal Communications (Investigation) Regulations, 2017
Pursuant to Regulations 4 and 5 of the Electronic and Postal Communications (Investigation) Regulations, any individual's communications may be intercepted by the Director General of the Tanzania Intelligence and Security Service or the Director of Criminal Investigations for purposes including, but not limited to, the preservation or protection of national security, and the safeguarding of public safety, economic well-being, or the interests of the country. In accordance with Regulations 8 and 12, where the Director of Criminal Investigations intends to intercept communications, they are required to apply for a warrant from the Inspector General of Police, but not from a judge.
Coverage Horizontal