New Regulations Governing the Clearance and Forwarding of Designated Exclusive Items in Tanzania

With a view to establishing a legal framework for the clearance and forwarding of specified items, ensuring compliance, enhancing oversight, and improving efficiency in the shipping and logistics sectors, the Tanzania Shipping Agencies (Clearing and Forwarding of Exclusive Items) Regulations, GN No. 184 of 2025 (the CFE Regulations) were enacted on 5 March 2025.

The CFE Regulations, issued pursuant to section 38 of the Tanzania Shipping Agencies Act, Cap 415 (the TASAC Act), revoke the Tanzania Shipping Agencies (Shipping Business) Regulations, GN No. 386 of 2020. In this month’s legal updater, we highlight the key provisions of the CFE Regulations relating to the exclusive clearing and forwarding services of specified items.

The following are the key provisions of the CFE Regulations:

Applicability of the CFE Regulations

The CFE Regulations apply to Tanzania Shipping Agencies Corporation (TASAC), its customers, and third parties engaged in clearing and forwarding services for the import and export of specified items to or from mainland Tanzania. The CFE Regulations do not apply to Zanzibar.

Exclusive mandate of clearing and forwarding services 

TASAC is mandated to provide exclusive clearing and forwarding services for the import and export of the following specified items:

• arms and ammunition; 
• mineral concentrates; 
• chemicals used by mining companies; 
• government trophies; and 
• live animals under the Wildlife Conservation Act.

It is the responsibility of the customer to ensure that these specified items are not mixed with other goods within a single cargo document. If a cargo document contains a mix of specified and non-specified items, TASAC will clear the entire consignment and apply the applicable fees, charges, or commissions for the full consignment.

Services provided by TASAC

In carrying out its exclusive mandate, TASAC is responsible for providing the following services:

• customs clearance; 
• freight forwarding agency;
• customs and freight logistics advisory; and 
• any other services as may be mutually agreed upon between TASAC and the customer for each consignment. 

TASAC must adhere to performance benchmarks, established under Regulation 34 of the CFE Regulations, which include operating 24 hours a day, seven days a week; disclosing all applicable fees, charges and commission; and establishing an effective complaint handling system. Furthermore, according to regulation 5, a customer’s request for services within TASAC’s exclusive mandate will be deemed an implied request for TASAC to carry out the clearing and forwarding services as outlined under the TASAC Act.

Performance of functions of a private shipping agent

TASAC has been vested with the authority to perform the functions of a private shipping agent who has failed to execute their duties. In such cases, the private shipping agent must hand over all necessary shipping documents and information to TASAC within three (3) days, enabling TASAC to continue service delivery. The principal must pay all fees related to the services rendered by TASAC.

Engagement of third parties

Regulations 7 and 8 allow TASAC, where necessary, to engage third parties through contracts, concessions, joint ventures, or public-private partnerships to perform specific functions related to its exclusive mandate, such as:

• providing forwarding services for specified items; and 
• offering shipping agency services when a private shipping agent has failed to perform its duties. 

Third parties must be duly licensed or registered with the relevant authorities, and TASAC must comply with the Public Procurement Act when entering into agreements with third parties to ensure transparency and accountability.

Third parties are expected to exercise due diligence, professionalism, and integrity and adhere to performance benchmarks set by TASAC. TASAC will pay third-party commissions or fees within seven (7) days after the end of each calendar month, as stipulated in the agreements.

Regulation 12 provides that third parties will be held responsible for any loss, damage, injury, or costs incurred due to their default, negligence, breach, or wrongful acts while performing agency services for TASAC.

Insurance of consignment

Under Regulation 20, TASAC may arrange insurance cover upon a customer's express instruction when providing services under the CFE Regulations. Customers must bear the costs of insurance and associated processing fees unless otherwise agreed. Insurance remains subject to the usual terms and conditions of the insurer or underwriter.

Indemnity and limitation on claim of loss or damage 

TASAC’s liability is governed by the CFE Regulations. Customers must indemnify TASAC against any liabilities incurred in the course of performing clearing and forwarding services, including any claims of general average, for which customers are required to provide appropriate security if requested.

Regulation 28 shields TASAC from liability for loss or damage arising from limitations or events beyond its control. 

Compensation for loss or damage

Regulation 30 requires TASAC to compensate customers within a reasonable time for direct financial losses or damage to consignments resulting from a breach of duty of care. Compensation assessments will be based on the normal value of similar consignments or other methods as deemed appropriate by TASAC.

Regulation 31 limits TASAC’s liability:

• for loss or damage of consignments, to USD 2,000 (approximately Tanzanian Shillings (TZS) 5.4 million) unless a higher amount can be recovered from the responsible party; and
• for other losses, to USD 3,000 (approximately TZS 8 million) per incident, unless a higher amount can be recovered.

Limit of liability for delay

Regulation 32 stipulates that TASAC will only be liable for charges arising from delays proven to be entirely caused by TASAC. In such cases, liability is limited to the charges associated with the affected service.

Complaint handling procedures

Regulation 35 outlines that disputes related to TASAC’s functions, the TASAC Act, or the CFE Regulations must be addressed following the procedures set forth in the Tanzania Shipping Agencies (Complaints Handling) Regulations, GN No. 179 of 2025.

Conclusion

The CFE Regulations establish a comprehensive legal framework for TASAC’s clearing and forwarding functions, ensuring transparency, compliance, and operational efficiency. By clearly defining TASAC’s mandate and the responsibilities of all parties involved, these regulations contribute to a more streamlined, accountable, and effective process for managing the movement of specified items within Tanzania mainland's shipping and logistics sectors.

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