The Tanzania Shipping Agencies Corporation (“TASAC”) was established under the Tanzania Shipping Agencies Act, 2017 (“TASA”) as a maritime authority to regulate ports, shipping services, maritime environment, safety and security and maritime transport services at sea ports in Tanzania.
Pursuant to section 7 (1) of TASA, TASAC is given amongst other things exclusive mandate to carry out clearing and forwarding functions relating to the import and export of: minerals; mineral concentrates; machinery and equipment for the mining and petroleum sector; products and/or extracts related to minerals and petroleum; arms and ammunition; live animals; government trophies; and any other goods that the Minister responsible for maritime transport may by order specify (the “Specified Goods”).
TASAC through its Director General issued a public notice on 22 February 2019 declaring 4 March 2019 as the effective date for implementing the exclusive mandate of clearing and forwarding of the Specified Goods by TASAC. However, TASAC has issued a subsequent public notice on 27 February 2019 deferring the implementation date to 3 June 2019 in order to give stakeholders more time to be able to achieve this new requirement and adjust their operations/business activities accordingly.
Consequently, all importers and exporters, clearing and forwarding agents, their employees and/or representatives must hand over to TASAC all clearing and forwarding documents for imports and exports of the Specified Goods. We contacted TASAC seeking clarification on the timeframe of when the hand over must occur and were informed that they will issue guidelines on the same and we are continuing to follow up on this. Furthermore, from the revised implementation date all persons are prohibited from facilitating clearing and forwarding of imports or exports of the Specified Goods as that is the sole mandate of TASAC.
Take note that, performing or facilitating any person to perform any function which is exclusively mandated to TASAC may, upon conviction, attract a fine of not less than United States Dollars twenty thousand (USD 20,000) and/or imprisonment for not less than two (2) years.
If you have any questions regarding this legal update, please contact Amish Shah by email on firstname.lastname@example.org or Aisaa Kisamo email@example.com.