THE TANZANIA INVESTMENT REGULATIONS, 2023

Tanzania Investment /ISSN 0856 - 034X GN. NO. 477 (Contd.) THE UNITED REPUBLIC OF TANZANIA Supplement No. 27 21st July, 2023 SUBSIDIARY LEGISLATION To The Gazette of the United Republic of Tanzania No. 27 Vol. 104 Dated 21st July, 2023 Printed by The Government Printer, Dodoma by Order of Government GOVERNMENT NOTICE No. 477 published on. 21/7/2023 THE TANZANIA INVESTMENT ACT, (CAP. 38) ________ REGULATIONS ________ (Made under sections 5(4) and 35) ________ THE TANZANIA INVESTMENT REGULATIONS, 2023 ARRANGEMENT OF REGULATIONS Regulation Title PART I PRELIMINARY PROVISIONS 1. 2. Citation. Interpretation. PART II RESPONSIBILITIES OF THE BOARD Responsibilities of Board. Cessation of membership. Filling of vacant position. Quorum. Decisions of Board. Circular resolutions. Defect in appointment of member. 3. 4. 5. 6. 7. 8. 9. 10. Conflict of interest. 1 Tanzania Investment GN. NO. 477 (Contd.) 11. Beneficial interest. 12. Secretary to Board. PART III IMPLEMENTATION OF FUNCTIONS OF THE NATIONAL INVESTMENT STEERING COMMITTEE AND TECHNICAL COMMITTEE Implementation of Functions of National Investment Steering 13. Committee. 14. Technical Committee. 15. Meetings of Technical Committee. 16. Functions of Technical Committee. PART IV PROCEDURES FOR SUBMITTING VARIOUS MATTERS BEFORE THE NATIONAL INVESTMENT STEERING COMMITTEE 17. Application for strategic investment, etc. 18. Other submissions. 19. Procedure for decision making. PART V CERTIFICATE OF INCENTIVES, REHABILITATION AND EXPANSION 20. Application for certificate of incentives. 21. Certificate to be conclusive evidence. 22. Change of name, shareholding or control. 23. Change not to affect benefits. 24. Procedure for extension of time for additional benefits. 25. Extension of time for certificate of incentives. 26. Procedure for revocation of certificate of incentives. PART VI PROMOTION, FACILITATION AND COORDINATION OF INVESTMENT MATTERS Investment promotion program. Implementation of program. 27. 28. 29. Monitoring and evaluation of projects. 2 GN. NO. 477 (Contd.) Tanzania Investment Investor's annual report. 30. 31. Stationing of land officers and issuance of derivative titles to investors. 32. Residence and work permits, etc. 33. Stationed officers. 34. Access to guarantees and transfer of profits. PART VII MISCELLANEOUS PROVISIONS 35. Appeals. 36. Review. 37. Coordination of investment disputes. 38. Offences and penalty. 39. Revocation. 40. Saving provisions. _______ SCHEDULES ______ 3 GN. NO. 477 (Contd.) Tanzania Investment THE TANZANIA INVESTMENT ACT, (CAP. 38) ________ REGULATIONS ________ (Made under sections 5(4) and 35) THE TANZANIA INVESTMENT REGULATIONS, 2023 PART I PRELIMINARY PROVISIONS Citation 1. These Regulations may be cited as the Tanzania Investment Regulations, 2023. Interpretation 2. In these Regulations, unless the context requires otherwise- “Board” means the Board of the Tanzania Investment Centre established under section 9 of the Act; “National Investment Steerin Committee” means the Steering Committee National established under section 5(1) of the Act; “Technical Committee” means the Technical Committee established under section 5(3) of the Act; the Tanzania Investment Centre “Centre” means Investment established under section 4 of the Act; “person” includes- (a) a natural person, and heirs, executors, administrators, or other representative of such person, and any corporation or other entity which is given, or is recognised as having legal personality under the law of any country or territory; (b) the government of any country or territory, public authority in Tanzania or elsewhere and any international organization or body, whether or not its members include Tanzania and whether or not having legal personality; 4 GN. NO. 477 (Contd.) Tanzania Investment “connected person” means a person who is connected with an individual who is- (a) that individual's parent, spouse, brother, sister or child; (b) a person acting in his capacity as the trustee of any trust, the principal beneficiary of the trust, his spouse or any of his children or a body corporate which he controls; (c) partner of that individual; or (d) directly or indirectly controlling or is controlled by the individual; Cap. 38 “Secretariat” means secretariat of the National Investment Steering Committee; “Act” means the Tanzania Investment Act; and “Minister” means investments. the Minister responsible for PART II RESPONSIBILITIES OF THE BOARD Responsibilities of Board shall- 3. Subject to the provisions of the Act, the Board (a) keep the functions of the Centre under constant review to ensure that it achieves its objectives; (b) constantly monitor the national investment situation as well as world investment climate and to propose measures to be adopted to make the investment environment in Tanzania more competitive; (c) submit to the Minister quarterly progress reports on the activities of the Centre; and (d) approve code of ethics and conduct for the staff of the Centre. Cessation of membership 4. A member of the Board appointed according to the provisions of the Act shall cease to be a member if- (a) he is incapable by reason of mental disorder, illness or injury; (b) by notice in writing to the appointing 5 GN. NO. 477 (Contd.) Tanzania Investment intends that he the authority, resignation shall take effect on the date on which the notice is received by the appointing authority; to resign, (c) he is convicted of criminal offence involving dishonesty; (d) he becomes bankrupt or makes any arrangement or composition with his or her creditors; (e) having been given proper notice of each meeting, he is absent from three consecutive meetings of the Board without prior written permission of the Chairman, or in the case of the Chairman without the prior written permission of the Minister; or (f) the appointing authority is of the opinion that the member is incapable of performing his duties or his termination is necessary for the effective performance of the functions of the Board. Filling of vacant position the 5. Where a member of the Board ceases to be a these member on Regulations, appointing authority may appoint a person to be a member of the Board to fill the vacant on the remaining period of the Board. reasons prescribed under Quorum 6. The quorum at the meeting of the Board shall consist of not less than five members. Decisions of Board 7. Decisions of the Board shall be arrived by consensus provided that, where consensus cannot be obtained, decision shall be made by votes where each member shall have one vote and in the event of equality of votes, the Chairman shall have a casting vote in addition of his deliberative vote. Circular resolutions 8. Subject to the provisions of the Act, a resolution in writing signed by a quorum of the Board shall be as valid and effective as if the same had been passed at a 6 GN. NO. 477 (Contd.) Tanzania Investment meeting of the Board duly convened and held. Defect in appointment of member 9. Any acts done at a meeting of the Board, or of a Committee of the Board shall be valid notwithstanding that it be afterwards discovered that there was a defect in the appointment of any member or that any of them were disqualified from holding office or from voting in the decision. Conflict of interest 10. Where an individual is a member of the Board, a member of a Committee of the Board, the Executive Director, a member of the staff of the Centre, a consultant or other person engaged by the Board has a pecuniary interest or other beneficial interest in or material to any matter including a direct or indirect interest in any person or in an undertaking or property or contract or investment made or proposed to be made or any other matter which has to be considered by the Board or committee of the Board, the individual shall- (a) declare the nature of the interest to the Board at a meeting of the Board prior to any consideration of the matter; (b) request his statement be recorded in the minutes of the meeting concerned; (c) not be present during any deliberations of the Board with respect to the matter; and (d) not act in relation to the matter. Beneficial interest 11.-(1) For the purposes of regulation 10, a person shall be regarded as having beneficial interest where- (a) he or a connected person, or his employee or his nominee is a member or apartner of a company or any other body which has a beneficial interest in, or material to, a matter referred to in regulation 10; (b) he or a connected person is in partnership with or is in the employment of a person who has a beneficial interest in or material to, a matter referred to in regulation 10; or (c) he or a connected person is a party to any 7 GN. NO. 477 (Contd.) Tanzania Investment Secretary to Board arrangement or agreement whether or not enforceable concerning a matter referred to in regulation 10. (2) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with the requirements of regulation 10, the question shall be determined by the Board and particulars of such determination shall be recorded in the minutes of the meeting concerned. (3) Where a person referred to in this regulation fails to make a disclosure in accordance with regulation 10, the appointing authority shall decide the appropriate action to be taken including removal from office or termination of his position. 12.-(1) Secretary to the Board, shall keep accurate records of all formal proceedings and decisions of the Board. (2) Notwithstanding the generality of subregulation (1), the Secretary shall– (a) maintain accurate documents, records and resolutions of the Board; (b) file reports noting the date of submission; (c) issue written notice of meetings; (d) prepare agenda for Board meetings; (e) maintain a roster of Board members; (f) prepare minutes of meetings; (g) ensure documents for Board meetings are available to members at reasonable time; (h) maintain accurate lists of all committees established by the Board; and (i) notify persons chosen as members of committees. PART III IMPLEMENTATION OF FUNCTIONS OF THE NATIONAL INVESTMENT STEERING COMMITTEE AND TECHNICAL COMMITTEE Implementation 13. In performing its functions specified under the 8 GN. NO. 477 (Contd.) Tanzania Investment of Functions of National Investment Steering Committee Act, the National Investment Steering Committee may- (a) build common understanding the Government for the purpose of facilitating implementation to investment; of matters relating in (b) issue directives with respect to removing different obstacles which hamper investment in the country; investment matters and (c) receive and deal with complaints or sectoral obstacles which hinder delivery of quality services on to promptly resolve administrative challenges; (d) receive, issue directives and approve major investment projects which have major impacts to the national economy based on the amount of capital, employment generation and technology used in the project. Technical Committee 14. Subject to section 5(3) of the Act, the Technical Committee shall comprise of the following members: (a) Permanent Secretary the Ministry responsible for investment matters, who shall be a Chairman; from (b) Deputy Permanent Secretary from the Ministry responsible for Finance (policy), who shall be a Vice-Chairman; (c) Commissioner responsible for Policy Analysis from Ministry responsible for finance; (d) Commissioner for Land; (e) Director of Contracts and Treaties from the Office of the Attorney General; (f) Commissioner for large Taxpayers from the Tanzania Revenue Authority; (g) Director of Investment Development from the Ministry responsible for investment matters; (h) Director of Industry Development from the Ministry responsible for Industrial matters; and (i) any person from the sector from which the 9 GN. NO. 477 (Contd.) Tanzania Investment Meetings of Technical Committee Functions of Technical Committee matter under discussion relates, who may be invited by Chairperson. 15.-(1) The Technical Committee shall meet at least once after every three months. (2) The Technical Committee shall regulate its own procedures for conducting its meetings. (3) The quorum for the meeting of Technical Committee shall be at least half of its members. 16.-(1) The Technical Committee shall perform the following functions: (a) receive and process various matters from the Secretariat aiming at improving investment the National environment and Investment Steering Committee; to advise (b) receive and process applications for additional fiscal and non-fiscal benefits from Secretariat and advise the National Investment Steering Committee; and (c) perform any other function as may be directed Steering the National Investment by Committee. (2) During processing of applications under subregulation (1)(b), the Technical Committee may invite and hear the applicant, and taking into account conditions stated under section 19(2) and (3) of the Act at the time of giving its recommendations. PART IV PROCEDURES FOR SUBMITTING VARIOUS MATTERS BEFORE THE NATIONAL INVESTMENT STEERING COMMITTEE Application for strategic investment and related matters 17.-(1) Application for strategic and special strategic investment for additional fiscal and non-fiscal benefits shall, upon payment of prescribed fee under the Second Schedule to these Regulations, be submitted to the Secretary of the National Investment Steering Committee in Form No. 1 set out in the First Schedule to these Regulations. 10 GN. NO. 477 (Contd.) Tanzania Investment (2) The application under subregulation (1) shall be accompanied by the following documents: (a) copy of certificate of incentives; (b) analysis of the project showing actual costs, profits to the nation and investor, additional benefits the National Investment Steering Committee in order to the project enable him effectively; and implement requested from to (c) brief statement showing key issues within the in as prescribed application investor’s paragraph (b). (3) Applications under subregulation (1) shall not be granted if they do not meet conditions stated under the Act. to (4) Without prejudice the provisions of subregulation (2), application for strategic investment in areas with challenges shall identify challenges facing the to overcome such project and proposals on how challenges. (5) For these Regulations, challenges in peripheral areas of the country includes shortage of infrastructure and trained manpower. the purpose of Oher submissions Procedure for decision making 18. Submission of other matters relating to investment, other than investment disputes, for the decision of or direction of National Investment Steering Committee, shall be made through Form No. 2 set out in the First Schedule to these Regulations. 19.-(1) After receipt of application in accordance with regulations 17 and 18, the Secretary to the National Investment Steering Committee shall submit the same to the Technical Committee which shall process and make recommendations to the National Investment Steering Committee within fourteen days after the last meeting of processing such application. (2) Upon receipt of recommendations from the Technical Committee, the National Investment Steering Committee shall make decision whether to accept or to 11 GN. NO. 477 (Contd.) Tanzania Investment reject the recommendations of the Technical Committee, and where the recommendations are accepted, direct the Secretariat the respective Ministries, Department and Agencies or person concerned. to communicate such decision to PART V CERTIFICATE OF INCENTIVES, REHABILITATION AND EXPANSION Application for certificate of incentives 20.-(1) A business enterprise person may, upon payment of fees prescribed in the Second Schedule to these Regulations and complying with the requirements of the Act, submit application for certificate of incentives to the Centre by using Form No. 3 set out in the First Schedule to these Regulations. receiving subregulation (1), the Centre shall process and may- the application under (2) After (a) accept the application and certify the business enterprise; or (b) reject the application. (3) Where the Centre has accepted the application and certify the business enterprise under subregulation (2), it shall issue certificate of incentives to the certified enterprise. (4) Where the Centre rejects the application under subregulation (2), it shall notify the applicant the reasons for rejection. Certificate to be conclusive evidence 21. A Certificate of incentives issued by the Centre in respect of a business enterprise shall be conclusive evidence that all the requirements of the Act and these Regulations have been complied with. Change of name, shareholding or control Caps. 212 and 213 22. Where a certified business enterprise changes its name or ownership or equity control relating to receipt of shareholders, confirmation of change effected as per statutory requirements under the Companies Act or the Business Names (Registration) Act or any other relevant law, issue shall, upon the Centre 12 GN. NO. 477 (Contd.) Tanzania Investment an amended certificate of circumstances of the case. incentives to meet the Change not to affect benefits Procedure for extension of time for additional benefits 23. Subject to the minimum capital requirement under the Act, any changes referred to in regulation 22 shall not affect any rights or obligations of the enterprise. 24.-(1) A strategic investor or special strategic investor granted additional benefits may, before the exprity of the initial period, apply for extension of time of the benefits by submitting a letter to the Secretary to the National Investment Steering Committee stating the reasonable grounds for the applications. (2) Secretary to the National Investment Steering Committee shall submit applications made under subregulation (1) to the National Investment Steering Committee which shall decide and Secretary to the National shall communicate in writings such decision to the applicant. Steering Committee Investment Extension of time for certificate of incentives (3) In making the decision on application made under subregulation (1), the National Investment Steering Committee shall, among other things, consider whether there were delays in granting of land for investment, approval for investment capital and other relevant license and permits for investment. 25.-(1) A business enterprise granted certificate of incentives may apply for an extension of time of the certificate by way of a letter submitted to the Centre specifying reasons for such extension, before expiry of the previous time granted. (2) The Centre shall, when considering the extension of time of the certificate subject to this regulation, among other things, consider if there were delays in acquiring land for the project, capital or permits or various licenses. (3) The centre shall process the application under subregulation (1) within seven working days from the date of receipt of such application and communicate the decisions in writing to the applicant. 13 GN. NO. 477 (Contd.) Tanzania Investment Procedure for revocation of certificate of incentives 26.-(1) The Centre may revoke a certificate of incentives after satisfying itself that the investor has breached the provisions of the Act subject to the reasons provided under section 20(3) of the Act. (2) The Centre shall, after identifying the reasons for revocation of the certificate of incentive as provided under subregulation (2), before revoking the certificate, give a notice to the holder of the certificate to remedy the identified anomalies within the time specified in the notice. (3) Where the holder of the certificate fails to remedy the anomaly within the time specified in the notice under subregulation (2), the Centre shall issue a seven days’ notice of intention to revoke such certificate and require him to state the reasons as to why his certificate should not be revoked upon the expiry of such notice. (4) Where the holder of certificate fails to submit his defence or where his defence is not accepted by the Centre, the Centre shall revoke the certificate and notify the reasons of such decision to the holder of the certificate. PART VI PROMOTION, FACILITATION AND COORDINATION OF INVESTMENT MATTERS Investment promotion program 27.-(1) The Centre shall implement the functions In (2) implementing of investment promotion under the Act. the function under subregulation (1), the Centre shall prepare and submit to the Board an investment promotion program for approval. (3) Upon approval of the program, the Board shall take all necessary steps to ensure that the investment promotion program is implemented. Implementation of program 28.-(1) For purposes of implementing the investment promotion program, the Centre shall- (a) market investment destination to potential local and foreign the country as an 14 GN. NO. 477 (Contd.) Tanzania Investment by information, disseminating investors organization of public relations activities and advertising investment opportunities to build and improve the image of Tanzania as a favorable investment destination; (b) keep under review the progress made in the attainment of the objectives and purposes of the Act and to publish reports and provide information for the purpose of enhancing investor's and public awareness of such progress and of the challenges and remedies that exist in relation to the investment climate in Tanzania; and (c) develop professional knowledge, skills and the other Government on investment promotion and related matters. technical capacity to advise Monitoring and evaluation of projects 29.-(1) The Centre shall have the responsibility of conducting monitoring and evaluation of registered projects. (2) In implementing the responsibility provided under subregulation (1), the Centre shall develop the monitoring and evaluation framework and prepare a report once in every three months. (3) During conducting monitoring and evaluation, the Centre shall consider conditions provided under section 19(2) and (3) of the Act. (4) The Centre shall the National Investment Steering Committee on the development in implementation of strategic investment and special strategic investment projects. inform Investor's annual report 30.-(1) Every business enterprise with certificate of incentives granted under the Act, shall be responsible to submit the Centre annual report concerning to development of the project. (2) A newly certified business enterprise shall submit annual report twelve months from the date of issuance of certificate of incentives. 15 GN. NO. 477 (Contd.) Tanzania Investment Stationing of land officers and issuance of derivative titles to investors Cap. 113 Residence and work permits, etc. Stationed officers (3) An existing registered business enterprise shall submit annual report twelve months from the last date of submitting annual report of the previous year. (4) A report prescribed under this regulation, shall be prepared in the manner prescribed in Form No. 4 of the First Schedule to these Regulations. 31.-(1) Pursuant to the provisions of sections 6(1)(e) and 18(2) of the Act, the land officers who shall be stationed at the Centre shall be charged with the duty of making fast track arrangements with respect to land for purposes of investment under the Act. (2) The land officers stationed at the Centre shall receive and process application for derivative titles for land designated for investment purposes and shall advise the Executive Director to issue such derivative titles to investors in accordance with the Land Act. (3) The Executive Director, shall within seven working days after receipt of the advice of the land officers and upon being satisfied that the advice is in conformity to the law, issue to an investor a derivative title for designated land. 32. Subject to the provisions of sections 6(1)(f) and 18(1) of the Act, Centre shall upon application by the investor assist the investors to secure residence and work permits, certificates of registration of business and requisite licenses within seven working days of receipt of such an application. 33. Subject to the provisions of section 18(2) of the Act, officers from different Ministries, Department and Agencies stationed at the Centre, shall coordinate and facilitate the processing of various licenses and permits on the basis of applications channeled through the Centre, so as to secure issuance of the permits within seven working days of receipt of such applications. Access to guarantees and transfer of 34. The Centre shall automatically issue, a certificate of incentives to any investor holding a mineral 16 GN. NO. 477 (Contd.) Tanzania Investment profits Cap. 123 Cap. 392 right granted under the Mining Act or a license granted under the Petroleum Act to enable them enjoy the guarantee of transfer of capital, profits and dividends provided for under section 28 of the Act; and guarantees against expropriation as provided for under section 29 of the Act read together with section 2(3) of the Act. PART VII MISCELLANEOUS PROVISIONS Appeals 35.-(1) A person who is disatisfied with any decision rendered by the Centre relating to- (a) rejection of application for certificate of incentives; (b) rejection of to application rehabilitation or expansion of business enterprises; relating (c) rejection of application for extension of time of certificate of incentives; or (d) revocation of certificate of incentives, may appeal by writing a letter to the Minister within twenty-one days from the date on which the decision was made. (2) After receipt of appeal, the Minister may cofirm or reverse or vary the decision or issue specific directives in respect of the decision made by the Centre. (3) The decision by the Minister made under subregulation (2) shall be final. 36-(1) An investor who is disatisfied with the decision of the National Investment Steering Committe on grant of incentives or other matter submitted under regulation 18 may, within twenty-one days from the date of receipt of such decision, apply for review by way of a letter to the National Investment Steering Committee stating the reasons for the review. Review (2) Application for review the National Investment Steering Committe, shall be submitted to the to 17 GN. NO. 477 (Contd.) Tanzania Investment Coordination of investment disputes Offences and penalty Revocation GN No. 381A of 2002 Saving provisions Secretary to the National Investment Steering Committe. (3) After receipt the application, Committee shall delibarate and makes decision which shall be final. 37.-(1) Subject to the provisions of section 33 of the Act, the Centre shall receive and resolve, within thirty days from its receipt, disputes relating to investment registered by the Centre submitted to it. (2) An investor facing any dispute shall be required to submit the statement of the dispute in writing to the Centre within twenty-one days from the date the dispute arose, together with the relief sought. (3) Upon receipt of the submission under subregulation (2), the Centre shall make an effort to convene a meeting with responsible parties for the purpose of resolving the dispute amicably and timely. 38. A person who contravenes the provisions of these Regulations, commits an offence and upon convection shall be liable for penalty as provided for in the Act. 39. The Tanzania Investment Regulations, 2002 are hereby revoked. the 40. Notwithstanding the Tanzania Investment Regulations of 2005, all acts done under the revoked Regulations shall continue to be valid as if made under these Regulations until they are invalidated under these Regulations. revocation of 18 GN. NO. 477 (Contd.) Tanzania Investment FORM NO. 1 __________ FIRST SCHEDULE _________ FORMS __________ (Made under regulation 17(1)) ___________ APPLICATION FORM FOR STRATEGIC AND SPECIAL STRATEGIC INVESTOR STATUS To: Executive Director, Tanzania Investment Centre, P. O. Box 938, DAR ES SALAAM 1. 2. Specify names of the Directors or shareholders (for a company) for a sole trader name of the owner who apply for Strategic/Special Strategic Investor Status ..….……………………………………………………………………………………….. Specify place and location of the registered office of the company …………………………………….. 3. Attach copies of the following documents: (a) Certificate of Incentives; and (b) A summary of the Project showing it meets requirements for registration under the Act, it includes project financing structure and the implementation period and operating date 4. State amount of the intended capital investment of the Company in terms of Tanzanian shillings or United States dollars ……………………………………………………. 5. Declaration of payment of application fees I/We enclose a cheque/cash made payable to the Tanzania Investment Centre nonrefundable of TShs./US$ ……………………………………………. Being the Strategic/Special Strategic Investor I, ……………………………………………. of Post Office Number ……………do solemnly and sincerely declare that I am a director/duly authorized agent of…………………………… AND that all the requirements of the Tanzania Investment Act, 2022 in respect of matters precedent to the registration of the business enterprise under the Act and incidental thereto have been complied with, AND I make this solemn declaration conscientiously believing the same to be true. 19 GN. NO. 477 (Contd.) Tanzania Investment Declared at ………………… …………year……….... This ……day of Before me: ……………………………………. Commissioner for Oaths Attach only where applicable, otherwise indicate “N/A” APPLICATION SUMMARY AND ADDITIONAL INFORMATION Company Name: ………………………………………………………………… Certificate of Incentives Number: ………………. And Date ……………………….. Post Box: ……………….. Town: ……………….. Sector: ……………….. Sub-Sector: ………………………… Investment Financing Plan in Million US$/Tshs. Foreign Equity Local Loan ……………… ………… Local Equity Foreign Loan ……………. ……………. Project Objectives………………………………………………………………. ……………………………………………………………………………………… ……………………………………………………………………………………… Capacity: …………………………….. Direct Employment: Foreign: ………Local: ………….Total: … Indirect Employment: …………………………………………………………… Implementation Period: ………… Project Location Site/Plot/Block No.: ………………….. Street: ……………… District: …………….. (Attach sketch map showing project location) 20 Region: ………... GN. NO. 477 (Contd.) Tanzania Investment Shareholders Nationality % ………………………….. …………………. …….. ………………………….. …………………. …….. ………………………….. …………………. …….. Investment Breakdown US$/Tshs. Land/Building ……………… Plant Vehicles ……………… ……………… Furniture & Fittings ……………… Pre-expenses ……………… Others ……………… Working Capital TOTAL Contact Details: ……………… ……………… Name: …………………………………… Title: ……………………………… Telephone: …………………………………… Fax: ………………………… Email: …………………………………… Additional Specific Fiscal and Non Fiscal Incentives Requested S/N Name of Incentive Name of Items/Goods/ Service Unit of Measure Estimated Quantity Incentive Implementation Period Justify the Incentive Estimated Value of the Incentive (US$) 1. 2. 3. 4. 5. 6. 7. 8. 21 GN. NO. 477 (Contd.) Tanzania Investment __________ (Made under regulation 18) __________ FORM NO. 2 SUBMISSION OF INVESTMENT RELATED MATTERS FOR DECISION AND CONSIDERATION OF NATIONAL INVESTMENT STEERING COMMITTEE To Executive Director and Secretary to the National Investment Steering Committee, Tanzania Investment Centre, P. O. Box 938, DAR ES SALAAM 1. Write name of the business enterprise or Government entity that submit an investment matter which requires National Investment Steering Committee guidance. …………………………………………………………………………….. 2. Write investment related matter/issue that requires intervention of National Investment Steering Committee ……………………………………………………………………………………….. 3. Attach copies of the following documents in the submission: (a) A copy of the detailed write-up elaborating the matter, (b) responsible ministry or sector , department or agency, (c) action taken and proposed National Investment Steering Committee interventions; 4. Declaration of the Applicants I, …………………………………………….. of Post Office Number …………………… do solemnly and sincerely declare that I am a director/duly authorized agent of ……………………………………………………………………….. ……………………………. Applicant 5. Contact Details: Name: …………………………………… Title: ……………………………… Telephone: …………………………………… Fax: ………………………… Email: …………………………………… 22 GN. NO. 477 (Contd.) Tanzania Investment SUBMISSION SUMMARY Na Details on the Matter Responsible Institution Effects to the investment climate or the business enterprise, Action taken Proposed National Investment Steering Committee interventions 23 GN. NO. 477 (Contd.) Tanzania Investment FORM NO. 3 _________ (Made under regulation 20(1)) __________ APPLICATION FORM FOR CERTIFICATE OF INCENTIVES To: Executive Director, Tanzania Investment Centre, P. O. Box 938 DAR ES SALAAM 1. Write names of the Director/Directors/Agent of ……………………………………… 2. State the name and location of the registered office of the company or business enterprise ……………………………………………………………………………………….. 3. Attach copies of the following documents: (a) The Memorandum and Articles of Association/or partnership agreement (b) Certificate of Incorporation/Registration (c) A copy of the Project Profile or Feasibility Study showing the implementation period, program of implementation and operative date (d) Evidence of financing and evidence of land ownership for the project 4. Name the location of the project ………………………………………………………………. 5. Write the Principal Officers of the Company are; (a) ……………………………………………………………………….. (b) ………………………………………………………………………… (c) …………………………………………………………………………. 6. Write the authorized share capital of the Company in Tshs. or US$ ………………………… 7. Write the intended capital investment of the project in Tshs or US$ .………………………… 8. Enclose a cheque/cash for proof of payment of non-refundable registration fees; 9. Declaration 24 GN. NO. 477 (Contd.) Tanzania Investment I, …………………………………………….. of Post Office Number …………………… ……………………….. do solemnly and sincerely declare that I am a director/duly authorized agent of ……………………………………………………………………….. AND take note hat all the requirements of the Tanzania Investment Act, 2022 in respect of matters precedent to the registration of the business enterprise under the Act and incidental thereto have been complied with, AND I make this solemn declaration conscientiously believing the same to be true. Declared at ……………… ……………………………. The ……day of …………year……..} } } Before me: ……………………………………. Commissioner for Oaths Applicant Attach only where applicable, otherwise indicate “N/A” APPLICATION SUMMARY AND ADDITIONAL INFORMATION Name of Business Enterprise: ………………………………………... Registration type……………………………………. Registration Number: …………. Registration Date: ……………….. Post Box: ……………….. Town: ……………….. Sector: ……………….. Sub-Sector: ………………………… Investment Financing Plan in Million US$/Tshs. Foreign Equity Local Equity Foreign Loan Local Loan ……………… ……………. ……………. ………… Objectives of the Project:………………………………………………………………. ……………………………………………………………………………………… ……………………………………………………………………………………… 25 GN. NO. 477 (Contd.) Tanzania Investment Project Capacity: …………………………….. Employment: Foreign: ……… Local: …………. Total: ………… Implementation Period: ………… Project Location Site/Plot/Block No.: ………………….. Street: ……………… District: …………….. (Attach sketch map showing project location) Region: ………... Shareholders Nationality % ………………………….. …………………. …….. ………………………….. …………………. …….. ………………………….. …………………. …….. Investment Breakdown US$/Tshs. Land/Building ……………… Plant Vehicles ……………… ……………… Furniture & Fittings ……………… Pre-expenses ……………… Others ……………… Working Capital TOTAL Contact Details: ……………… ……………… Name: …………………………………… Title: ……………………………… Telephone: …………………………………… Fax: ………………………… Email: …………………………………… 26 GN. NO. 477 (Contd.) Tanzania Investment FORM NO. 4 ___________ (Made under regulation 30(4)) ____________ INVESTOR’S ANNUAL REPORT To: Executive Director, Tanzania Investment Centre, P. O. Box 938, DAR ES SALAAM 1. The report should show (a) Planned Activities for the period (b) Achievements made on the project implementation to date: (i.e. from the date the project was approved to the date of writing the report) (c) Describe the status of activities that have already been undertaken e.g. construction of buildings, acquisition of supplies, installation of equipment, etc. 2. The report to provide updated information on the following aspects; S/No. 1. Information Shareholder’s Information 2. Company Communication Information 3. Contact Person 4. 5. 6. 7. 8. Incorporation TIN information Project Objective Capacity Direct Employment 9. Indirect employment Description Current Shareholders names, nationality and percentage of ownership Current Project Status Mobile Details and Email address Mobile Number Land Line Telephone Number Physical Address (Plot No., Block No, Street, District and Region Name Position Communication (Email, telephone) Certificate of Incorporation No. TIN Certificate No. Project Core Activity Project Capacity per Year Foreign-Men Foreign-Women Local-Men Local-Women Estimated Total No. 27 GN. NO. 477 (Contd.) S/No. Information Tanzania Investment Description Type/areas Employment of Indirect Current Project Status 3. Report to show Project Financial Expenditure (USD): Foreign (USD) Local (USD) Total (USD) Land and Buildings Plant and machinery Vehicles/Aircrafts Furniture Office equipment Insurance Cover Pre-operational expenses Working sub-total capital TOTAL 4. Report to show Project Financing Explain how the project is being financed e.g. equity, loans, sources of loans, conditions, etc. See table below. Amount (USD) Source Country Local Equity Local Loans Foreign Equity Foreign Loans Total Investment Tanzania Tanzania 5. Report to show Problems and Solution Explain problems, which the management is encountering in executing the project and the steps being taken to solve them. 6. Report to show Future Plans Explain future plans for the next coming six months and planned financial Commitments 7. Report to show Recommendations and any other comments 28 GN. NO. 477 (Contd.) Tanzania Investment ________ SECOND SCHEDULE ________ (Made under regulations 17(1) and 20(1)) Schedule of Fees Service Issued of for Certificate Application Incentives Application for Strategic and Special Strategic Investor Status Application Rehabilitation of investment project One Stop Shop Services for Expansion and 1. 2. 3. 4. Applicable Fee US$ or its equivalent to TShs. 1,200 3,000 1,200 10% of the fee charged by the issuing Authority Dodoma, 4th July, 2023 ASHATU K. KIJAJI, Minister of Investment, Industry and Trade 29