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GENERAL INFORMATION

GDP USD28.249bn (World ranking 93, World Bank 2012)
Population 47.78 million (World ranking 27, World Bank 2012)
Form of state Republic
Head of government Jakaya KIKWETE
Next elections 2015, presidential

 

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Data Protection

Data Protection Laws Not Found

(No. 16 of 1971)

1. Corrupt transactions – S.3 (Bribery)

A person is said to have committed an offence under S.3 (1), when such a person by himself or in conjunction with any other person, corruptly solicits, accepts or obtains or agrees to accept or attempts to obtain from any other person any advantage as an inducement to or reward for or otherwise in account of any agent, doing or forbearing to do or having done or for bore to do, anything in relation to his principal’s affair or business.

The second category of a corrupt transaction offence is when any person by himself or in conjunction with any other person, corruptly gives, promise or offers any advantage to any person, whether for the benefit of that person or another person, as an inducement to, or reward for doing or forbearing to do or having done or forbearing to do anything in relation to his/her principal’s affair or business.

a) The advantage can be a gift of any property, (movable or immovable), reward or favour discount, bonus, commission, employment etc

b) A principal can be an employer, a beneficiary under a trust estate as if it were a persons, any person interested in the estate of a deceased person, the estate of the deceased person and the authority or body of the persons is which a public office is held.

c) Agent for the purpose of this section means and includes any person in employment of or acting for another, a trustee, an administrator or an executor and public officer.

Where any person is convicted of an offence against this section he/she shall be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding fifty thousand shillings or to both such imprisonment and fine. However if one of them decides to associate himself in acts of corrupt transactions for the sole purpose of helping to unearth corrupt practices the law protects such a person.

2. Use of documents intended to mislead or deceive the principal – S.5

When any person knowingly gives to any agent or any agent knowingly uses with intent to deceive his principal, any receipt, account or other document relating to his principal’s affairs o r business and which contains any statement which is false or erroneous or defective in any material particular and which to his knowledge is intended to mislead the principal, he/she shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding twenty thousand shillings, or to both such imprisonment and fine.

3. Public officer obtaining Advantage without consideration or without adequate consideration – S.6

When a public officer solicits or accepts or attempts to obtain any advantage without lawful consideration or for a lawful consideration which or for a lawful consideration which he knows or has reason to believe to be inadequate, from any person whom he knows or has reasons to believe to have been, or to be, or to be likely, or about to be, concerned in any matter or transaction with himself as a public officer or having connection with the official functions of himself or of any officer to whom he is subordinate; is said to have committed an offence under section 6 of the Prevention of Corruption Act No. 16 of 1971.

Where any person is convicted of an offence against this section he/she shall be liable to imprisonment for a term not exceeding seven years or to a fine not exceeding twenty thousand shillings or to fine, and in addition, the court may order that the amount or value of any advantage receive by him, or any part thereof, be forfeited.

4. Being in possession of property corruptly acquired – S. 9(1)

Section 9(1) of the Prevention of Corruption Act No. 16 of 1971, states that; Where, in consequence of any investigation made pursuant to section 8 or of a search conducted pursuant to section 13 or of an investigations of a bank account pursuant to section 12 or of any investigation carried out by under the directions of the Director of Public Prosecution (DPP), any public officer I found to be or to have been in possession of any property, or is found to have received the benefit of any services, which he may reasonably be suspected of having corruptly acquired or received when he held a public office, such public officer may be charged with having or having had in his possession property reasonably suspected of having been corruptly received, and if the public officer fails to satisfy the court he did not corruptly acquire the property or as the case may be, that did not corruptly receive the benefit of services, he shall be liable on conviction to imprisonment for term not exceeding five years, and addition thereto the court may order that property acquired by him be forfeited.

The penalty of corruption offences is also guided by the minimum sentence Act.

5. Procedural Offences – section 8(2)

Under Act No. 16/71, there is provision, which explain the procedure to be followed or implemented in order to accelerate investigations and enable to establish an offence. In order to proceed with investigations for being in possession of property reasonably suspected to have been corruptly acquired, any PCB officer or police officer of or above the rank of a superintendent authorized by the Director General, may issue a notice in writing addressed to any public officer requiring him to give a full and true account/explanation of all or any class of properties which he or his agent has in possession or had at any time during which he held any public office.

The PCB officer may specify the time within which the reply to the notice will be made and in which manner. The public officer will be required to give a time account/explanation of how he acquired such property/properties {section 8(1)}.

If such public officer fails to comply with any of the instructions stipulated in such a notice addressed to him under section 8(1) or he knowingly provides a false account in relation to any property in his or his agent’s possession shall be guilty of any offence under section 8(2) and be liable for imprisonment for term not exceeding two years.

For information, section 8(3) provides definition for the terms agent and public officer. An agent means the husband, wife or child of the public officer, any debtor of the public officer or any other person acting for or on behalf of the public officer. A public officer includes any person who held a public office at any time during the five years immediately proceeding the date on which a notice under section 8(1) is sent to him. It is only effective within five years after he has retired, resigned or been dismissed from public office.

Section 12(2)

Investigation can be made into a bank account of a suspect in order to establish an offence under section 9(1). Section 12(1) provided for special powers of investigation.

Not withstanding any provision in any other written law, the Director General may, if he considers that evidence of the commission of an offence against this Act, by any person is likely to be found in any bank account relating to such person, his wife, or child or of any person reasonably believed by the Director General to be a trustee or agent of such a person authorize in writing any PCB officer or police officer of or above the rank of superintendent to investigate the bank account. The authorization shall be sufficient warrant for the production of the account for scrutiny by the officer or authorized person and he may take copies of any relevant entry in that account. In event that any person having the obligation, fails to produce the bank account to the authorized officer or fails to permit the officer to scrutinize the bank account or fails to allow the taking of copies of relevant entry, he shall be guilty of an offence under section 12(2) and therefore liable on conviction to imprisonment for a term not exceeding two years or a fine not exceeding five thousand shillings or to both such imprisonment and fine.

Petty Corruption

This group includes those who receive bribes because of their low incomes and standard of living. What they receive only helps them make ends meet. This type of petty corruption is rampant in all sectors of the economy and social services as follows:

(i) Education

Corruption is demanded and given during the registration of children in schools; to enable pupils pass examinations, to enable students obtain placement in secondary schools and colleges, to effect transfers and an opportunity to repeat a class. Moreover teachers give bribes in order to be promoted, to be transferred and to be given placements.

(ii) Health

Patients are forced to offer bribes at hospitals in order to be treated, x-rayed, allocated a bed in a ward or to be operated upon.

(iii) Home Affairs

Policemen receive bribes to protect criminals, to arrest innocent people and take them to court on framed charges as a way of soliciting bribes, while traffic policemen accept bribes from drivers who breach road regulations. Immigration officers accept bribes to issue passports, visas and residence permits to undeserving foreigners. Prison wardens solicit bribes in order to give favour to prisoners and remand prisoners.

(iv) Finance

Corruption is offered to employees of tax departments during tax assessment and tax exemptions. Executive officers in the ministry, department and parastatals demand bribes in order to authorize payment for goods and services supplied, while auditors demand bribes in order to conceal deficiencies discovered during audit. On the side of financial institutions clients are asked to offer bribes in order to be given loans, not to repay loans or to be paid faked insurance claims. Retirees and retrenches are forced to offer bribes in order to be paid their benefit by NSSF and PPF and even by Treasury.

(v) Judiciary

Court clerks demand bribes in order to open new files, deliver files to where they are required and to hide files of accused persons. Personal secretaries and typists accept bribes in order to produce copies of judgment for various crimes. Regarding magistrate, they are offered bribes in order to give soft sentence, reduce penalties, withdraw charges, give bails and order court injunctions.

(vi) Office of the Attorney General
State Attorneys accepts bribes when attending to court cases to authorize the signing of contract which area against the national interest; and to give advice in favour of those giving the bribe. Moreover, independent advocates give bribes to magistrates and judges so that they can give verdicts favouring their clients.

(vii) Trade

Trade officers solicit and accept bribes from businessmen who trade without licences; and they demand bribe when issuing trading licenses.

(viii) Employment

Personnel officers receive bribes during recruitment of workers. They demand bribes from junior officers so that they can promote them, assign them responsibilities, and send them for training, seminars or duty trips.

(ix) Lands

Land officers demand bribes during the surveying and allocation of plots, valuation of crops and in issuing certificate of Title. They also accept bribes and make multiple allocations of plots, and survey and allocate plots in area’s reserved for community services. Moreover, bribes are offered in the allocation of government houses to undeserving people.

(x) Natural Resources and Tourism

Forest officers receive bribes to give permission for felling more trees than what are allowed in the licences or to free culprits who are caught with unauthorized forest products. Wildlife officers also receive bribes to let poachers go scot free. On the fisheries front, fishermen caught using unauthorized fishing gear or explosives give bribes so that they can be let free.

(xi) Energy and Minerals

Tanesco employees demand bribes in order to supply from the mains to new applicants. Employees of the mining department demand bribes in order to issue mining or prospecting licences.

(xii) Works and Communications

Officers of the Ministry of Works receive bribe in order to give favour in awarding tenders, to accept upward variation of contracts to conceal the weaknesses of contractors and in approving payments. Bribes area offered at roadblocks in order to let the vehicles through. Ttcl technicians are bribed by unscrupulous businessmen so that they are allowed to make international calls using other clients’ telephone numbers. Officers manning weighbridges solicit and receive bribes in order to let through vehicles, which are heavier than the carrying capacity of the road.

(xiii) The Ministry of Labour

Labour officer demand and receive bribes from dismissed workers so that they can be reinstated and foreigners give them bribes so that they can be permitted to work in positions which could be performed by nationals.

(xiv) Media Institutions

Reporters accept bribes in order to publish or not to publish information, which glorifies or destroys the reputations of certain persons or institutions.

(xv) Local Government

Employees of town and district councils receive bribes during recruitment of staff promotions and issuing of trading licences for unauthorized area. Member of Ward Reconciliation Councils and Councilors receive bribes in order to give certain faviours. Town and Districts council leaders demand and receive bribes in order to approve and award tenders to private companies to allocate plot and market stalls through favouritism.

Grand Corruption

This group involves high-level leaders and public servants whose involvement in corruptive practices is a result of excessive greed for wealth accumulation and money. These are people whose earnings are adequate to meet their basic needs and they have enough property and money. This group uses various tactics to solicit and receive bribes:

(i) Leaders who are supposed to take important national decisions are bribed for them to take decisions which are in the interest of the bribers, they offer chairmanships and Directorships of board of parastals through favouritism and without taking into account professional knowledge, ability and national interest and they have interfered in executive decisions such as the allocation of “Hunting Blocks” or allocation of plots in areas not permitted by law.

(ii) Chief executive officers receive bribes in order to breach tendering rules and regulations, to make various tax exemptions and to conclude construction contracts with private companies without due regard for the national interest. Chief executive and officers have also been concealing sub-standard construction jobs and have authorized payment in return for commissions; and offering scholarship for overseas studies through corruption.

(iii) Politicians bribes to the member of executive committees within political parties or to the voter during elections so that they can vote for them or their candidates.

(iv) Members of parliament have been offering bribes to voters so that they can elect them, lodging fake claims in their parliamentary activities; giving bribe to reporters so that they can publish good stories about the MPs’ activities and have demanded gifts from private and parastatal companies when they visit them.

(Entry into force on: 27 May, 2002)

(3) The Chief Secretary shall, as head of the Service, provide leadership, direction and image to the Service and shall:

(a) ensure that public servants in the Service are trained, motivated, efficient and effectively performing, and the Service is free of corruption and other unethical tendencies;

(b) improve public accountability by promoting focus on result, service quality and customer satisfaction in public Service performance;

(c) be responsible for confirmation of public servants appointed by the President;

(d) be a disciplinary authority in respect of public servants appointed by the President.

(4) In addition to functions specified by the provisions of subsection

(3) the Chief Secretary shall be the highest ranking disciplinary authority in the service and may, in that capacity, in relation to any servant exercise all or any of the powers delegated to a disciplinary authority.

(Abstract: The Prevention of Corruption Act, 1971 Cap 329 R.E. 2002 of Tanzania was repealed and replaced by the now operative Prevention and Combating of Corruption Act No. 11 of 2007 which came into effect on 20 June 2007.)

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

Section Title

PART I PRELIMINARY PROVISIONS

1. Short title.

2. Application of the Act.

3. Interpretation.

4. Objective of the Act.

PART II ESTABLISHMENT OF THE BUREAU

5. Establishment of the Bureau.

6. Composition of the Bureau.

7. Functions of the Bureau.

8. Powers of the Director-General.

9. Institution of criminal proceedings.

10. Special powers of investigation.

11. Identification and request for assistance.

12. Search warrant.

13. Malicious arrest, prosecution, seizure and exercise of powers.

14. Report of activities.

PART III

CORRUPTION AND RELATED OFFENCES

15. Corrupt transactions.

16. Corrupt transactions in contracts.

17. Corrupt transactions in procurement.

18. Corrupt transactions in auctions.

19. Application of Act.

20. Corrupt transactions in employment.

21. Bribery of foreign public official.

22. Use of documents intended to mislead principal.

23. Persons obtaining advantage.

24. Advantage received on behalf of accused.

25. Sexual favour or any other favours.

26. Public Officials to give accounts of properties.

27. Possession of unexplained property.

28. Embezzlement and misappropriation.

29. Diversion.

30. Aiding and abetting.

31. Abuse of position.

32. Conspiracy.

33. Trading in influence.

34. Transfer of proceeds of corruption.

35. Presumption of corruption.

36. False pretence to be an officer.

37. Offence of disclosure of identity.

38. Freezing of assets.

39. Duty to give information.

PART IV

FORFEITURE OF PROCEEDS OF CORRUPTION

40. Forfeiture of proceeds of corruption.

41. Notice of application.

42. Forfeiture orders.

43. Effects of forfeiture order.

44. Principal may recover secret gifts.

PART V INSTITUTIONAL COOPERATION

45. Cooperation with agencies and other authorities.

46. Cooperation with private sector.

PART VI FINANCIAL PROVISIONS

47. Funds of the Bureau.

48. Estimates.

PART VII GENERAL PROVISIONS

49. Valuation of property.

50. General immunity for members.

51. Protection of informers

52. Protection of witnesses, experts and victims.

53. Defect in the appointment, nomination or election.

54. Mutual legal assistance.

55. Extradition.

56. Disclosure of information without prior request

57. Sanction of Director of Public Prosecutions.

58. Trial courts.

59. Regulations.

60. Repeal

CHAPTER 329

THE PREVENTION AND COMBATING OF CORRUPTION ACT [G.N.NO. ………]

PREAMBLE

WHEREAS corruption is an obstacle to principles of democracy, good governance and human rights and poses a threat to peace, tranquillity and security in the society;

AND WHEREAS the Government has resolved to undertake protracted measures that would ensure that Tanzania remain a corruption free State adhering to the principles of freedom, equality, justice, brotherhood, peace and wherein all people are equal and every person has a right to ownership and protection of property acquired by lawful means;

AND WHEREAS technological changes ushered in by globalization and development of science in communication and information technology has made it necessary to re-institute the Bureau, to devise modern tactics and strategies of preventing and combating corruption, and to review the current legal framework for the purposes of enabling the Bureau to effectively control corruption and corrupt practices;

AND WHEREAS it is necessary to make comprehensive provisions for the prevention, investigation and combating of corruption and related offences and to ensure that the Bureau conducts its operations independently and performs its functions effectively;

NOW THEREFORE be it ENACTED by Parliament of the United

Republic of Tanzania as follows:

PART I PRELIMINARY PROVISIONS

Short title

1. This Act may be cited as the Prevention and Combating of Corruption Act.

Application of the Act

2.-(1) This Act shall apply in Tanzania Mainland.

(2) This Act shall also apply to a person who commits any act or omission constituting an offence under this Act where-

(a) the act or omission occurs elsewhere than in Tanzania; or

(b) the act or omission is done by that person, or for him, by another person elsewhere than in Tanzania Interpretation

3. In this Act, unless the context otherwise requires-

“advantage” means a gift or any property movable or immovable, loan, fee, reward or favour and includes valuable consideration of any kind, discount, commission, rebate, bonus, deduction or percentage and employment or services or an agreement to give employment or render services in any capacity;

“agent” includes-

(a) any person in the employment of whether under a contract of service, a contract for services or otherwise, whether permanent or temporary, whether paid or unpaid, and whether full-time or part-time and whether such person is a natural person or body of persons or acting for another;

(b) a trustee;

(c) an administrator or an executor;

(d) a public official;

“bank account” includes any ledger, day book, cash book, account book and any other document including generated, stored, and displayed electronically used in the ordinary course of business by any person carrying on, whether on his own behalf as an agent for another, and whether exclusively or otherwise, any banking business whatsoever or not such

person is a bank within the meaning of any law for the time being in force relating to banks;

“Bureau” means the Prevention and Combating of Corruption Bureau established by Section 5;

“conflict of interest” means a clash between public interest and the private pecuniary or any other interest of the individual concerned;

“confiscation” which includes forfeiture where applicable, shall mean the permanent deprivation of property by order of a court;

“controlled delivery” means the technique of allowing illicit or suspect consignments to pass out of, through or into the territory of one or more States, with the knowledge and under the supervision of their competent authorities, with a view to investigating an offence and the identification of persons involved in the commission of the offence;

“Director-General” means the Director-General of the Prevention and

Combating of Corruption Bureau;

“Director” means a person appointed by the President under this Act to hold the position of a Director in the Bureau;

“foreign public official” means any person holding a legislative, executive, administrative or judicial office of a foreign country, whether appointed or elected; and any person exercising a public function for a foreign country, including for a public agency or public enterprise;

“freezing” means temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a court or other competent authority;

“informer” includes a person who in good faith reports the commission of an offence to the Bureau and includes a whistle blower;

“ Minister” means the Minister responsible for good governance; “officer” means an investigator of the Bureau including the Director

General;

“official of a public international organization” means an international civil servant or any person who is authorized by such an organization to act on behalf of that organization;

“principal” includes an employer, a beneficiary under a trust, a trust estate as though it were a person, any person beneficially interested in the estate of a deceased person as though it were a person, and, in relation to a public official, the authority or body of persons in which the public office is held;

“private sector” means the sector of the economy under private ownership in which the allocation of productive resources is controlled by market forces;

“proceeds of crime” means any property derived from or obtained, directly or indirectly, through the commission of an offence under this Act;

“property” includes money, assets of any kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible and any document or legal instrument evidencing title to, or interest in such assets;

Cap.212 “public body” includes a corporation established by or under the companies Act in which the Government has vested interest;

“public duty” means a duty in the discharge of which the Government, the public or the community at large has an interest;

“public official” means any person holding a legislative, executive, judicial, administrative, political, military, security, law enforcement, and local government authority or any other statutory office and includes-

(a) any person performing a public function or providing a public service; and

(b) any other person natural or legal so defined in any other written laws.

Objective of the Act

4.-(1) The objective of this Act is to provide for promotion and enhancement of good governance and eradication of corruption.

(2) In the promotion of the objectives referred to under subsection (1), this Act provides an institutional and legal framework necessary for prevention and combating corruption by-

(a) examining and advising on practices and procedures of public, parastatal and private organisations, in order to facilitate the detection of corruption or prevent corruption;

(b) disseminating information to the public on evils and effects of corruption and corrupt practises as well as negative traditions and usage;

(c) cooperating and collaborating with local and international institutions, agencies or organisations in the fight against corruption;

(d) promote and foster public support in combating corruption; and

(e) investigate and prosecute offences relating to corruption.

PART II ESTABLISHMENT OF THE BUREAU

Establishment of the Bureau

5.-(1) There is hereby established the Bureau to be known as the Prevention and Combating of Corruption Bureau.

(2) The Bureau shall be an independent public body.

Composition of the Bureau

6.–(1) The Bureau shall consist of the Director General, Deputy Director General, and such other officers as may be necessary for efficient and effective carrying out of the functions of the Bureau.

(2) The Director-General and Deputy Director-General shall be appointed by the President.

(3) The Bureau shall employ such number of staff as may be necessary for efficient performance of the functions of the Bureau.

Functions of the Bureau

7. Functions of the Bureau shall be to take necessary measures for the prevention and combating of corruption in the public, parastatal and private sectors and in that regard, the Bureau shall-

(a) examine and advise the practices and procedures of public, parastatal and private organisations, in order to facilitate the detection of corruption or prevent corruption and secure the revision of methods of work or procedure which appear to add to the efficiency and transparency of the institution concerned;

(b) enlist and foster public support in combating corrupt practices;

(c) advise public, private and parastatal bodies on ways and means of preventing corrupt practices, and on changes in methods of work or procedures of such public, private and parastatal bodies compatible with the effective performance of their duties, which the Bureau considers necessary to reduce the incidences of corrupt practices;

(d) cooperate and collaborate with international institutions, agencies or organisations in the fight against corruption;

(e) investigate and, subject to the directions of the Director of Public Prosecutions, prosecute offences under this Act and other offences involving corruption; and

(f) investigate any alleged or suspected – (i) offence under this Act;

(ii) conspiracy to commit an offence under this Act;

(iii) conduct of a public official which is connected to corruption.

Powers of the Director- General

8.-(1) The Director-General shall have and exercise powers as stipulated under this Act.

(2) A person authorised by the Director-General to perform functions under this Act shall have and exercise the powers-

(a) of the Director General;

(b) of a police officer of or above the rank of Assistant Superintendent of Police and the provisions of the Police Force and Auxiliary Services Act conferring upon police officers, powers necessary or expedient for the prevention, combating and investigation of offence; and

(c) to arrest, enter premises, search, detain suspects and seize property where there is a reasonable cause to believe that an offence involving corruption has been or is about to be committed by the suspect in the premises or in relation to the property.

(3) Where any property is seized in pursuance of the powers conferred in paragraph (b) of subsection (1), the Director General or a person authorised by him seizing the property shall issue a receipt acknowledging seizure of that property, bearing the signature of the owner or occupier of the premises of his near relative or other person for the time being in possession or control of the premises and the signatures of witnesses to the search.

(4) The Director General or a person authorized by him who, without reasonable ground for so doing, orders, authorizes or conducts search on a person, place, building, vessel, carriage or receptacle, commits an offence and upon conviction shall be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

(5) Where the Director-General is satisfied that-

(a) an offence under this Act may have been committed by any person; and

(b) any share account, purchase account, club account, subscription account, investment account, trust account, mutual or trust fund account, expense account, bank account or other account of whatsoever kind or subscription any banker’s books, company books, documents or any information from any other source, other article of or relating to any person named or otherwise identified in writing by the Director-General are likely to be relevant for the purpose of investigation of such offence, he may, for that purpose, authorise in writing an officer of the Bureau to-

(i) investigate and inspect such account, book or documents or other articles of or relating to the person named or otherwise identified by Director-General;

(ii) require from any person the production of such accounts, books, documents or other articles of or relating to the person named or otherwise identified by the Director-General as is required for the purpose of such investigation and the disclosure of all or any information relating thereto; and

(iii) take copies of such account, books or documents or, of any relevant entry therein and photographs of any other article.

(6) Any person who fails to produce a bank account or any other information from other sources referred to in subsection (2) or to permit the officer or authorized person to scrutinize or to take copies of any relevant entry, commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

Institution of criminal proceedings

9.-(1) The Director General or a person authorized by him who seizes any property in pursuance of the powers conferred under this Act shall institute criminal proceedings against the owner of that property within six months from the date of seizure.

(2) The Director General or a person authorized by him who fails to institute criminal proceedings as provided for under subsection (1) shall, where there is a reasonable cause to continue with the detention of that property, apply to the Director of Public Prosecutions for an extension of time stating reasons for continued detention for a period not exceeding six months from the date of expiry of the initial six months.

(3) The Director General or a person authorised by him who fails to institute criminal proceedings within the period specified under subsection (1) or (2) shall be required to return the seized property to the person from whom it was seized.

(4) The provisions of the Specified Officers (Recovery of Debts) Act shall apply to any officer who causes the Government to incur loss, costs or damages as a result of failure to discharge his duties in a reasonable manner.

(5) The powers conferred on the Director General shall include the power to require information from, and to procure attendance of any person for the purpose of answering among others, questions of-

(a) any person, or an employee of a person, who has acted for or is acting for any party to any particular land or property transaction; and

(b) any person or any employee of any person, who was concerned in the passing of any consideration, brokerage, commission or fee, or in the clearing or collection of any cheque or other instrument of exchange, in respect of any particular land or property transaction, as to any of the following matters, that is to say-

(i) the full names (including aliases) and addresses of any of the persons referred to in paragraphs (a) and (b) and any other information in his possession which may be helpful in identifying or locating any such person;

(ii) any consideration, brokerage, commission or fee paid or received in respect of or in connection with any such land or property transactions; and

(iii) the terms and conditions of any such land or property transaction.

Special powers of investigation

10.-(1) An officer of the Bureau investigating an offence under this Act may-

(a) order any person to attend before him for the purpose of being interviewed orally or in writing in relation to any matter which may assist investigation of the offence;

(b) order any person to produce any book, document or any certified copy thereof, and any article which may assist the investigation of the offence; or

(c) by written notice, require any person to furnish a statement on oath or affirmation setting out such information which may be of assistance in the investigation of the offence.

(2) Subject to the direction of the Director of Public Prosecutions, the Director General may assume prosecution commenced by the police or any other law enforcement agency for an offence involving corruption.

(3) Any person who, in the course of investigation of, or in any proceedings relating to an offence alleged or suspected to have been committed under this Act, knowingly-

(a) makes or cause to be made a false report of the commission of an offence to any investigating officer; or

(b) misleads any investigating officer, commits an offence and shall be liable on conviction to a fine of not less than one hundred thousand shillings but not more than two million shillings or to imprisonment for a term of one year or to both.

Identification and request for assistance

11.-(1) The Director General shall issue to a member of the Bureau an identity card which shall be prima facie evidence of appointment as a member of the Bureau.

(2) Every member of the Bureau, shall on demand, produce his identity card to the person demanding that identity card.

(3) Any officer of the Bureau conducting investigations into an offence alleged or suspected to have been committed under this Act or any other law relating to corruption may request any public official for assistance in the reasonable exercise of his powers or the discharge of his duties under this Act.

Search warrant

12.-(1) The Director-General may, by writing, authorize any officer to search any person, if it is reasonably suspected that such person is in possession of property corruptly or illicitly acquired or to search any premises, vessel, boat, aircraft or other vehicle whatsoever in or upon which there is reasonable cause to believe that any property corruptly or illicitly acquired has been placed, deposited or concealed.

(2) The appropriate officer of the Bureau authorized to make any search under this section may make any search and, for the purpose of so doing may enter, using any reasonable force and accompanied by such other persons as he seems necessary to assist him, into or upon any premises, vessel, boat, aircraft or any other vehicle whatsoever.

Malicious arrest, prosecution, seizure and

13.-(1) Any person being an officer of Bureau who maliciously or without lawful cause procures arrest, prosecution, seizure of property of another person or the exercise of powers vested in the Bureau by this Act against such person commits an offence.

(2) Any person who contravenes subsection (1) shall on the conviction be liable to a fine not exceeding one million shillings or to imprisonment for the term not exceeding six months or to both.

(3) The provisions of subsection (2) shall not prejudice the provisions of subsection (4) of section 9 in relation to recovery by the Government of loss, cost or damage suffered by reason of an officer of the Bureau.

14. The Bureau shall on or before 31st March in every year, or by such later date as the President may allow, submit to the President a report on its activities in the previous year.

PART III

CORRUPTION AND RELATED OFFENCES

Corrupt transactions

15.-(1) Any person who corruptly by himself or in conjunction with any other person-

(a) solicits, accepts or obtains, or attempts to obtain, from any person for himself or any other person, any advantage as an inducement to, or reward for, or otherwise on account of, any agent, whether or not such agent is the same person as such first mentioned person and whether the agent has or has no authority to do, or forbearing to do, or having done or forborne to do, anything in relation to his principal’s affairs or business; or

(b) gives, promises or offers any advantage to any person, whether for the benefit of that person or of another person, as an inducement to, or reward for, or otherwise on account of, any agent whether or not such agent is the person to whom such advantage is given, promised or offered and whether the agent has or has no authority to do, doing, or forbearing to do, or having done or forborne to do, anything in relation to his principal’s affairs or business, commits an offence of corruption.

(2) A person who is convicted of an offence under this section, shall be liable to a fine of not less than five hundred thousand shillings but not more than one million shillings or to imprisonment for a term of not less than three years but not more than five years or to both.

(3) In addition to a penalty provided for under subsection (2), the court shall where such person-

(a) is an agent, order him to pay to his principal, in such manner as the court may direct-

(i) the amount or value of any advantage received by him or any of its part;

(ii) part of the amount or value of any advantage received by him, and that the whole or part of the residue be confiscated to the Government; or

(b) is an agent or not, order that the amount or value of any advantage received by him, or any of its part, be confiscated to the Government.

Corrupt transactions in contracts

16.-(1) Any person who offers an advantage to a public official as an inducement to or reward for or otherwise on account of such public official’s giving assistance or using influence in or having given assistance or used influence to assist in the promotion, execution or procuring of-

(a) any contract with a public body for the performance of any work, the supply of any service, the doing of anything, the supplying of anything or the supplying of any article, material or substance;

(b) any subcontract to perform any work, supply of service, the doing of anything or supply any article, material or substance required to be performed, supplied, done under any contract with a public body,

commits an offence of corruption.

(2) Any public official who solicits or accepts any advantage

as an inducement to or reward for or otherwise on account of his giving assistance or using influence in, or having given assistance or used influence to assist in the promotion, execution or procuring of the payment of the price, consideration or other moneys stipulated or otherwise provided for in, any such contract or subcontract as is referred to in paragraphs (a) and (b) of subsection (1), commits an offence.

(3) A person convicted of an offence under this section shall be liable to a fine of not less than one million shillings but not more than three million shillings or to imprisonment for a term of not less than three years but not more than five years or to both.

(4) In addition to the penalty prescribed for under this section the court shall, if such person-

(a) is an agent, order him to pay to his principal, in such manner as the court may direct-

(i) the amount or money value of any advantage received by him or any part of it; or

(ii) part of amount or money value of any advantage received by him, and that the whole or part of the residue be confiscated;

(b) is an agent or not, order that amount or value of any advantage received by him, or any part of it, be confiscated to the Government.

Corrupt transactions in procurement

17.-(1) Any person who-

(a) offers any advantage to another person as an inducement for or a reward for or otherwise on account of the withdrawal of a tender, or refraining from inviting a tender, for any contract with a public or private body for the performance of any work, the supply of service, the doing of anything or the supplying of any article, material of substance; or

(b) solicits or accepts any advantage as an inducement for or a reward for or otherwise on account of the withdrawal of a tender, or refraining from inviting a tender, for such a contract as is referred to in paragraph (a), commits an offence.

(2) A person convicted of an offence under this section shall be liable to a fine not exceeding fifteen million shillings or to imprisonment for a term not exceeding seven years or to both.

(3) In addition to the penalty prescribed for under this section the court shall such person-

(a) is an agent, order him to pay to his principal, in such manner as the court may direct-

(i) the amount or money value of any advantage received by him or any part of it; or

(ii) part of amount or money value of any advantage received by him, and that the whole or part of the residue be confiscated;

(b) is an agent or not, order that amount or value of any advantage received by him, or any part of it, be confiscated to the Government.

Corrupt transactions in auctions

18.-(1) Any person who-

(a) offers any advantage to another person as an inducement to or reward for or otherwise on account of that other person’s refraining or having refrained from bidding at an auction conducted by or on behalf of any public or private body; or

(b) solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his refraining or having refrained from bidding at any auction conducted by or on behalf of any public or private body, commits an offence of corruption under this Act.

(2) A person convicted of an offence under this section shall be liable to a fine of not exceeding fifteen million shillings or to imprisonment for a term not exceeding seven years or to both.

(3) In addition to the penalty prescribed for under this section the court shall if such person-

(a) is an agent, order him to pay to his principal, in such manner as the court may direct-

(i) the amount or money value of any advantage received by him or any part of it; or

(ii) part of amount or money value of any advantage received by him, and that the whole or part of the residue be confiscated;

(b) is an agent or not, order that amount or value of any advantage received by him, or any part of it, be confiscated to the Government.

Application of Act No.21 of 2004

19. The provisions of the Public Procurement Act shall apply in relation to investigation of offences and institution of proceedings for offences of corruption in procurement of goods, works and the supply of consultancy services.

Corrupt transactions in employment

20.-(1) Any person who offers an advantage to another person as an inducement to or reward for or otherwise on account of such another person’s giving assistance or using influence in or having given assistance or used influence to assist in obtaining employment, promotion or any other matter relating to employment commits an offence of corruption.

(2) Any person who solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his giving assistance or using influence in, or having given assistance or used influence to assist in obtaining of employment, promotion or any other matter relating to employment commits an offence of corruption.

(3) A person convicted of an offence under this section shall be liable to a fine not exceeding five million or to imprisonment for a term not exceeding three years or to both.

Bribery of foreign public official

21.-(1) Any person who intentionally promises, offers or gives to a foreign public official or an official of a public international organisation, directly or indirectly, an undue advantage, for that foreign public official himself or another person or entity, in order that the foreign public official acts or refrain from acting in the exercise of his official duties to obtain or retain business or other undue advantage in relation to a local or international economic undertaking or business transaction, commits an offence and shall be liable to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding seven years or to both.

(2) Any foreign public official or an official of a public international organisation who intentionally solicits or accepts, directly or indirectly an undue advantage, for himself or another person or entity in order that he acts or refrains from acting in the exercise of his official duties, commits an offence and shall be liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding seven years or to both.

Use of documents intended to mislead principal

22. A person who knowingly gives to any agent, or an agent knowingly uses with intent to deceive, or defraud his principal, any receipt, account or other document such as a voucher, a profoma invoice, an electronically generated data, minute sheet relating to his principal’s affairs or business, and which contains any statement which is false or erroneous or defective in any material particular, and which to is knowledge is intended to mislead the principal, commits an offence and shall be liable on conviction to a fine not exceeding seven million shillings or to imprisonment for a term not exceeding five years or to both.

Person obtaining advantage

23.-(1) A person who solicits, accepts or obtains or agrees to accept or attempts to ob

Police Background Check Procedures

To obtain a Police Clearance Certificate you need to apply in writing to:
Officer In-charge
Forensic Bureau
Criminal Investigation Department Headquarters
Ministry of Home Affairs
P.O. Box 9094
DAR ES SALAAM TANZANIA
Tel:+255 22 2110006 / +255 713 482428/ +255 713 216144
Fax:+255 22 2112174
Website:http://www.policeforce.go.tz

You also need to submit the following:-

1.  A set of finger prints certified by local police authorities.
2.  A copy of your passport (all pages with full personal details).
3.  The fee of US$ 25.
For more information-http://tanzaniaembassy-us.org/?page_id=85

Risk

overeign risk

The general election, on October 25th 2015, is drawing closer, raising political risk. The level of foreign-exchange reserves declined over the past year, but the recent resumption of budget support by key donors will help to strengthen debt repayment capabilities. Debt indicators are favourable and the economy is growing at a robust pace.

Banking sector risk

Systemic banking difficulties are unlikely, as the sector remains relatively profitable and adequately capitalised and Tanzania’s economic outlook is buoyant. Nonetheless, rising non-performing loans are a concern.

Political risk

Currency risk

Economic structure risk

Tanzania’s dependence on outside markets for investment, exports and aid exposes it to external risk, and its continued reliance on rain-fed agriculture and hydroelectric power has perpetuated its vulnerability to poor weather.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Sectarian violence

In recent years, Tanzania has seen a slight increase in sectarian violence between Christians and Muslims, including in places of worship. Take this information into consideration when planning your trip.

Terrorism

Regional terror groups, including those associated with al Qaeda and al-Shabaab, continue to threaten Western interests and other potential targets in Tanzania. The September 21, 2013 attack on an upscale Nairobi mall illustrates the threat of attacks on civilians in East Africa.

On February 23-24, 2014, three explosions were reported in Zanzibar. They occurred outside the Tanzania Assemblies of God Church, at the entrance of the Anglican Church compound and in a popular restaurant in Stone Town. Further attacks cannot be ruled out.

Explosions reportedly killed three people and injured many more at a political rally in Arusha on June 15, 2013. On April 13, 2014, an explosion in a bar in Arusha injured 15 people.

Be vigilant in crowded places and monitor local media.

Crime

Violent crime has increased throughout the country, both in the country and in main cities. Exercise a high degree of caution, especially in Dar es Salaam and Zanzibar, and in public places such as hotels, restaurants, nightclubs, cinemas and shopping centres. Muggings, attacks and hold-ups occur occasionally in Dar es Salaam, Stone Town and in the immediate vicinity of the coastal resorts on Unguja. You should be vigilant, particularly in Stone Town after dark. Avoid deserted beaches.

In Dar es Salaam, particular caution is warranted on Toure Drive (Msasani Peninsula) where muggings and attacks, including attacks on moving vehicles, have recently been reported.

Petty crime is prevalent. Muggings, pickpocketing and theft are common in crowded areas, on public transportation and on public beaches.

Sexual assaults involving tourists have been reported.

An increasing number of Canadians have reported being taken to automated banking machines (ABMs) and forced to withdraw funds from their account after accepting a ride from a stranger, a local taxi or a recent acquaintance. Incidents are most often reported at ferry, bus and train terminals in Dar es Salaam. Use only licensed taxis selected by a reputable hotel or restaurant, or one located at an official taxi stand. Always ask for identification before accepting transportation and check that the driver’s ID matches the name of the car registration and taxi license. Avoid taking a taxi that has been hailed for you by a recent acquaintance. Instead, hail your own taxi. A licensed taxi is a white car with a white (never yellow) license plate, a colored stripe running laterally on the side panels of the vehicle, and a number inside a circle on both passenger doors.

Armed robbery, although rare, can also occur in parks and nature reserves, including the northern circuit in the vicinity of Serengeti National Park, Ngogongoro and Arusha National Parks, and regions surrounding Mount Kilimanjaro. Organized tours and independent travellers have been targeted. You should only travel with a reputable tour company (hotels can make recommendations). Avoid camping or travelling alone.

Remain on tourist routes and avoid remote areas. Exercise caution in and around Arusha, where armed robberies and carjackings have been reported. Should you find yourself on less-travelled roads and trails, avoid stopping since armed robberies and carjackings may occur. Keep doors locked and windows up at all times and do not pick up strangers. Travel in a convoy between cities, and avoid travelling after dark.

Travel near refugee camps in the northwestern area bordering the Democratic Republic of Congo, Rwanda and Burundi (in the region of Kigoma and to the west of Kagera) is dangerous due to banditry.

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2015-06-30 02:00 PM Q1 7.76%
2015-09-30 02:00 PM Q2 6.95%
2015-12-31 02:00 PM Q3 6.92%
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