January 11, 2019

The TASAC Regulations of 2018

In this briefing, we provide highlights of the Tanzania Shipping Agencies Regulations of 2018 as issued by the Tanzania Shipping. TASAC is the successor of the Surface and Marine Transport Regulatory Authority (SUMATRA).

The Tanzania Shipping Agencies Regulations of 2018 as listed below will be collectively referred to as the Regulations.

  1. the Tanzania Shipping Agencies (Cargo Consolidators and De-Consolidators) Regulations G.N. No.337 of 2018;
  2. the Tanzania Shipping Agencies (Complaints Handling) Regulations G.N. No 338 of 2018;
  3. the Tanzania Shipping Agencies (Shipping Agents) Regulations G.N No. 339 of 2018;
  4. the Tanzania Shipping Agencies (Clearing and Forwarding Agents) Regulations G.N No. 340 of 2018;
  5. the Tanzania Shipping Agencies (Dry Port) Regulations G.N No. 341 of 2018;
  6. the Tanzania Shipping Agencies (Miscellaneous Port Services) Regulations G.N No. 343 of 2018; and
  7. the Tanzania Shipping Agencies (Service Provider Levies and Fees) Rules G.N No. 342 of 2018.

Highlights of the Regulations

  • The Regulations apply only to regulated service providers in mainland Tanzania.
  • The application fees and annual license fees for regulated service providers have been marginally increased.
  • Offences have been broadened and are reinforced with tougher penalties including, penalties payable for delay in renewing a licence.
  • TASAC reserves the right to order a party in breach of the Regulations to pay a penalty fee not exceeding half of the amount of the fine to which the party would be liable to pay, upon conviction. This is referred to in the Regulations as the power to "compound offences". Although these provisions existed under the SUMATRA framework, regulated service providers should note that, TASAC can order much higher sums to be paid than was previously the case, since fines have been increased under the new system.
  • Notices of suspension or revocation of a licence may now be communicated by TASAC via electronic mail.
  • The Regulations require operators to carry out 24 hour operations, seven days a week, inclusive of weekends and public holidays, save for those operators who fall within the scope of the Tanzania Shipping Agencies (Miscellaneous Port Services) Regulations G.N No. 343 of 2018.
  • TASAC reserves the right to inspect premises of licensees to ensure compliance with the Regulations.
  • Clearing and forwarding agents are now required to employ staff who possess a minimum qualification of a diploma in the relevant field and to ensure that the staff’s knowledge and skills are continuously being improved.

Click here to view a table containing key highlights of the Regulations and a comparison with the repealed regulations under the SUMATRA framework.

It is vital to note the reforms discussed herein relate to the marine and maritime transport sector only.

This briefing is prepared for clients and contacts of Clyde & Co Tanzania. We aim to keep our clients abreast of developments in Tanzania as they happen and if you have any questions on the issues raised above please contact us directly.

Further advice should be taken before relying on the contents of this summary. Clyde & Co Tanzania accepts no responsibility for loss occasioned to any person acting or refraining from acting as a result of material contained in this summary. No part of this summary may be used, reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, reading or otherwise without the prior permission of Clyde & Co Tanzania.