The Natural Wealth and Resources Contracts (Review and Re-Negotiation of Unconscionable Terms) Regulations, 2020
These Regulations may be cited as the Natural Wealth and Resources Contracts (Review and Re-negotiation of Unconscionable Terms) Regulations, 2020.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Tanzania
- Instrument
- Regulation
- Citation
- The Natural Wealth and Resources Contracts (Review and Re-Negotiation of Unconscionable Terms) Regulations, 2020
- Version
- Undated source snapshot
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
These Regulations may be cited as the Natural Wealth and Resources Contracts (Review and Re-negotiation of Unconscionable Terms) Regulations, 2020. This section defines key terms used in the regulation. Agreements covered by the Act must be made by both parties fairly, honestly, and in utmost good faith, and agreements with an unconscionable term are subject to renegotiation. The President remains trustee of Tanzania’s natural wealth and resources, and the Minister has power to coordinate, monitor, manage, and report on contracts. The Ministry must establish a Register for information about natural wealth and resources arrangements or agreements.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of The Natural Wealth and Resources Contracts (Review and Re-Negotiation of Unconscionable Terms) Regulations, 2020
Showing 49 of 49
- 1 Verify source ↗
These Regulations may be cited as the Natural
AI-assisted research summary: These Regulations may be cited as the Natural Wealth and Resources Contracts (Review and Re-negotiation of Unconscionable Terms) Regulations, 2020.
1. These Regulations may be cited as the Natural Wealth and Resources Contracts (Review and Re- negotiation of Unconscionable Terms) Regulations, 2020. Interpretation Cap. 450 Cap. 2 the context these Regulations, unless - 2
AI-assisted research summary: This section defines key terms used in the regulation.
2. In otherwise requires- “Act” means the Natural Wealth and Resources Contracts (Review and Re- of Unconscionable Negotiation Terms) Act; “Constitution” means the Constitution of the United Republic 1977; “Government” means the Government of the United Republic or the Revolutionary Government of Zanzibar as the corresponding Constitutions and institutions of the United Republic and Tanzania Zanzibar exercising powers or performing functions in relation to review and re-negotiation of unconscionable terms; “Minister” means the case may be, and the Minister responsible for constitutional affairs; “Ministry” means the Ministry responsible for 1 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) constitutional affairs; “Minister responsible for arrangement or agreement” means the arrangement or agreement of which the National Assembly has issued a resolution to renegotiate; the Minister responsible for “natural wealth and resources” has the meaning ascribed to it under the Act; and “Permanent Secretary” means the permanent secretary of the Ministry; “Register” means the Register of arrangement or agreement of Natural Wealth and Resources established pursuant to regulation 5; “Registrar” means the Registrar designated as such in terms of regulation 6; and “unconscionable term term” means any the arrangement or agreement on natural wealth and resources which is contrary to good conscience and the enforceability of which jeopardises or is like to jeopardise the interests of the People of the United Republic. in PART II REVIEW OF ARRANGEMENTS OR AGREEMENTS General principles in arrangements or agreements
Part
PART II
- 3 Verify source ↗
(1) All arrangements or agreements to which the
AI-assisted research summary: Agreements covered by the Act must be made by both parties fairly, honestly, and in utmost good faith, and agreements with an unconscionable term are subject to renegotiation.
3.-(1) All arrangements or agreements to which the Act relates shall be made by both parties on the basis of fair dealing, honesty and utmost good faith. (2) Any arrangement or agreement which the an National Assembly unconscionable term shall be subject of re-negotiation. determines contain to Coordination, monitoring and management of arrangements or agreements Cap. 449 - 4 Verify source ↗
(1) The President shall continue to be the trustee
AI-assisted research summary: The President remains trustee of Tanzania’s natural wealth and resources, and the Minister has power to coordinate, monitor, manage, and report on contracts.
4.-(1) The President shall continue to be the trustee of the natural wealth and resources on behalf of the people of the United Republic of Tanzania in accordance with section 5 of the Natural Wealth and Resources (Permanent Sovereignty) Act. (2) The Minister shall, on behalf of the President, have the power to coordinate, monitor and manage all contracts and report to the President in accordance with the applicable laws and procedures. 2 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) to (3) Without prejudice the generality of subregulation (2), the Minister may in the performance of his functions, establish and maintain, as far as practicable, an observatory system to enable effective consultation, coordination and cooperation with other Ministries, Government departments, and agencies or any other public or private institution or body established pursuant to any written law dealing with natural wealth and resources. Register of arrangements or agreements on natural wealth and resources - 5 Verify source ↗
(1) There shall be established, within the
AI-assisted research summary: The Ministry must establish a Register for information about natural wealth and resources arrangements or agreements.
5.-(1) There shall be established, within the Ministry, a Register to which information relating to natural wealth and resources arrangements or agreements shall be entered. (2) Entries to the Register established under subregulation (1) shall be in NWR Form - N. 2 as prescribed in the Second Schedule. Designation of Registrar - 6 Verify source ↗
(1) The Director responsible for natural wealth
AI-assisted research summary: The Director responsible for natural wealth observatory activities becomes the Registrar, and the Registrar must carry out specified register, assessment, reporting, and monitoring functions.
6.-(1) The Director responsible for natural wealth observatory activities in the Ministry shall be designated as the Registrar of Natural Wealth and Resources Arrangements or Agreements. (2) The functions of the Registrar shall be to: (a) keep and maintain the Register; (b) register all natural wealth and resources arrangements or agreements; (c) carry out regular assessment of the natural wealth and resources regime in relation to the constitutional under requirements Articles 8(1), 9(i) and 27 of the Constitution of the United Republic of Tanzania; stated (d) assess the level of contribution of natural wealth and resources of the country in the alleviation of poverty, reduction of diseases, and improvement in the level of literacy, using the Household Budget Survey and such other applicable instruments; (e) review and make recommendations to the Permanent Secretary, on the need to update, harmonise and consolidate existing policies 3 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) legislation affecting development of and natural wealth and resources in the country; (f) make follow up on the process of arrangements or agreements renegotiation and prepare a report to be submitted to the Permanent Secretary and other relevant authorities as required by law; (g) develop tools for monitoring and evaluation on natural wealth and resources; (h) carry out monitoring and evaluation exercise the utilisation of natural wealth and on relevant in collaboration with resources, entities and report on the outcome of the exercise to the Permanent Secretary; and (i) do any other activities as may be directed by the Permanent Secretary. (3) In the performance and discharge of his functions and duties, the Registrar may be assisted by such number of officers of the Ministry as may be determined. - 7 Verify source ↗
(1) Subject to subregulation (2), the responsible
AI-assisted research summary: A responsible person for an institution dealing with natural wealth and resources must file a registration application with the Registrar after entering into a relevant arrangement or agreement.
7.-(1) Subject to subregulation (2), the responsible person on behalf of Ministries, Government departments, and agencies or any other public or private institution dealing with natural wealth and resources that enters into a natural wealth and resource arrangement or agreement shall submit an application for registration of the arrangement or agreement with the Registrar using NWR Form - N. 1 as prescribed in the First Schedule. (2) Submission for entry of arrangement or agreement shall- (a) in the case of arrangements or agreements made before the coming into operation of these Regulations, be made within sixty days from the date of coming into operation of these Regulations; and (b) in the case of arrangements or agreements made subsequent to the coming into operation of these Regulations, be made not later than thirty days from the date of execution of the 4 Registration of arrangements or agreements Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) arrangement or agreement. (3) The Registrar shall register an arrangement or agreement submitted to him and assign a registration number which shall signify the identity of the arrangement or agreement so registered, to be used in all transactions and correspondence related to such arrangement or agreement. - 8 Verify source ↗
(1) A ministry responsible for entry into any
AI-assisted research summary: A responsible ministry must prepare and submit a report to the Minister when directed, and the Minister must review the report and related agreement for compliance before the report and resolution go to the Cabinet and then the National Assembly.
8.-(1) A ministry responsible for entry into any natural wealth and resource arrangement or agreement, whether by itself or through an institution under it, shall upon the directives of the Ministry, prepare report and submit to the Minister. (2) The Minister shall review and assess the report submitted pursuant to subregulation (1) as well as the arrangement or agreement compliance with the provisions of Article 8(1), 9(i) and 27 of the Constitution and the Natural Wealth and Resources (Permanent Sovereignty) Act. in question to check Review by National Assembly Cap. 2 Cap.449 (3) The report of the Minister and any other information related to the agreement or arrangement shall be submitted to the Cabinet for consideration and deliberation and the preparation of a Cabinet resolution on the report. (4) The Minister shall, upon the directives of the Cabinet and within the period prescribed in section 5(1) of the Act, lay the Cabinet resolution before the National Assembly for determination in the manner provided in the Act. PART III PROCEDURES FOR RE-NEGOTIATION Notice for re- negotiation
Part
PART III
- 9 Verify source ↗
(1) The Minister shall within seven days from
AI-assisted research summary: The Minister must notify the Minister responsible for a natural wealth and resource arrangement or agreement within seven days after the National Assembly resolution and receipt of the extract. That Minister must then issue a renegotiation notice to the other party using Form N.4 immediately after receiving it.
9.-(1) The Minister shall within seven days from the day of the resolution by the National Assembly and upon receipt of the extract of the resolution, notify the Minister responsible for entry into any natural wealth and resource arrangement or agreement that he is required to renegotiate the arrangement or agreement as stated in the Notice. 5 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) Re-negotiation team (2) The Notice of the Minister under subregulation (1) shall be in NWR Form - N.3 as prescribed in the Third Schedule to these Regulations. (3) The Minister responsible for entry into any natural wealth and resource arrangement or agreement shall issue a notice of renegotiation of arrangement or agreement to the other party through NWR Form - N.4 as prescribed in the Third Schedule to these Regulations. immediately after receiving
Part
Schedule to these Regulations.
- 10 Verify source ↗
(1) The Minister responsible for entry into any
AI-assisted research summary: The Minister must appoint a renegotiation team for the relevant natural wealth and resource arrangement or agreement, after consulting the Attorney General, and the team must follow ministry renegotiation guidelines.
10.-(1) The Minister responsible for entry into any natural wealth and resource arrangement or agreement shall the notice under regulation 9 and after consultation with the Attorney General, appoint a renegotiation team on such terms and conditions as may be deemed fit. (2) In appointing the members of the renegotiation team, the Minister shall have regard to skills, experience, ethics, and knowledge relevant to the subject matter of renegotiation. (3) The renegotiation team shall, in performing its functions, abide to the renegotiation guidelines developed by the Ministry responsible for the arrangement or agreement to be renegotiated using, as far as practicable, the template shown in NWR Form - N7 as prescribed in the Fourth Schedule. (4) Members of the renegotiation team shall be paid such allowances as shall be approved by the Minister responsible for finance. Renegotiation process - 11 Verify source ↗
(1) Upon receiving a notice under regulation
AI-assisted research summary: The renegotiation team must prepare and share a renegotiation schedule after notice, the parties must sign a renegotiation summary after completion, and renegotiation costs are borne by the responsible Ministry.
11.-(1) Upon receiving a notice under regulation 10 requiring the parties to re-negotiate, the renegotiation team shall develop a schedule of renegotiation and share it with the other party provided the schedule does not exceed the ninety days period stated in the Act. that, Provided the parties may, by mutual agreement and subject to the approval of the Minister, extend the period for renegotiation to a period of not more than thirty days. (2) An application for approval of extension of 6 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) Reporting procedure time stated in the subregulation (1) shall be through NWR Form - N.5 as prescribed under Third Schedule to these Regulations. (3) The renegotiation shall be guided by the nature of the agreement or arrangement and in all aspects be made subject to the terms contained in the renegotiation guidelines. (4) After completion of renegotiation process the parties shall sign a renegotiation Summary through NWR Form - N.6 as prescribed in the Third Schedule. (5) The costs for re-negotiation shall be borne by the Ministry responsible for the agreement which was the subject matter of the renegotiation. PART IV SUBMISSION OF RENEGOTIATION REPORT
Part
PART IV
- 12 Verify source ↗
(1) Once the renegotiation has been completed
AI-assisted research summary: The renegotiation team must move the draft and final reports through the Permanent Secretary, Minister, Cabinet, and then the National Assembly, with the final submission due within 30 days of signing the renegotiation report.
12.-(1) Once the renegotiation has been completed and the draft report prepared by the renegotiation team, the lead member of the renegotiation team shall submit the draft report to the Permanent Secretary responsible for arrangement or agreement being renegotiated for purposes of organising the stakeholders meeting to discuss the draft report. (2) Upon conclusion of a stakeholder meeting under subregulation (1) and where the draft report is adopted, the Permanent Secretary responsible for such arrangement or agreement shall submit the draft report to the Minister responsible for the arrangement or agreement for concurrence. (3) The Ministry responsible for arrangement or agreement, shall upon the concurrence of the responsible Minister, cause a final report be prepared and submitted to the Minister who on concurrence with the report shall submit it to the Cabinet in accordance with applicable procedures. (4) After the Cabinet procedures have been exhausted and the President’s Certificate issued, the Minister shall submit the report on the outcome of renegotiation to the National Assembly. 7 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) Provided that, submission of the report to the National Assembly shall not be later than thirty days from the date of signing of the renegotiation report. Savings - 13 Verify source ↗
Notwithstanding the provisions of these
AI-assisted research summary: Existing contract renegotiation arrangements keep going and may be concluded as if these Regulations had not been made.
13. Notwithstanding the provisions of these Regulations, all contract re-negotiation arrangements which are in existence on the date of coming into operation of these Regulations shall continue and be concluded as if these Regulations had not been made. _____________ FIRST SCHEDULE ______________ NWR Form - N.1 APPLICATION FOR REGISTERING OF ARRANGEMENTS OR AGREEMENTS [Made under regulation 7(1)] To, The Minister, Ministry of Constitutional and Legal Affairs, P.O BOX 315, Government City, Mtumba, 40484 DODOMA Subject to Regulation 5 of Natural Wealth and Resources Contracts (Review and Re- Negotiation of Unconscionable Terms) Regulations, 2020, I hereby apply to register an arrangements or agreements entered between [insert the name of Ministry/Departments/Agency/other Authority and [insert the name of the other Party to arrangement or agreement] on [insert date] day of [insert month], [insert year] on the subject matter [insert the nature of the subject matter] valued at Tshs [insert amount] or consideration [insert nature of consideration] valued at Tshs [insert amount], to be valid for a period of [insert number of years] commencing from [insert date] day of [insert month], [insert year]. Submitted this [insert date] day of [insert month], [insert year] of the Person Name ……………………………………………… Signature/Thumb Applicant………………………………………………………… Seal ……………………………………………... Submitting the of of Ministry/Departments/Agency/Authority Application the 8 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) For Official use only Name of the recipient ………………………………………………… Date of receipt: -…………………………………………………….. Signature/Thumb of the recipient……………………………………. Seal of the Organization…………………………………………….. 9 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) ________________ SECOND SCHEDULE _________________ REGISTER OF ARRANGEMENT OR AGREEMENT [Made under regulation 5(2)] Type/ Categ ory Refere nce No. Of The Arran gemen t Or Agree ment Entity Parties Subject Matter Of The Arrange ment Or Agreem ent Titl e Dur atio n Con side rati on/ Val ue Adhera nce To Corpor ate Social Respon sibility Adh era nce To Loc al Con tent Ro yali ty In Per cen tag e Categ ory Of Licen ce S / N Na me & Add ress Of Arr ang eme nt Or Agr eem ent NWR Form - N.2 Submis sion Date Government Identity Number 10 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) 11 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) ______________ THIRD SCHEDULE _______________ NWR Form - N.3 NOTICE FOR RE-NEGOTIATION [Made under regulation 9(2) ] informed the General Assembly on To, The Minister, …………………………………………. P.O Box ……………………………….. …………………………………………. Be .………………………day that of……………………… passed a resolution and directs your Ministry or Departments or Agency and Authority to review Arrangement Or Agreement and entered of ……………………………………………………….. ………….,20….. of …………………………………………………………………………………… As the said agreements or contracts contains the hereunder unconscionable terms ……………………………………………………………………………………… ……………………………………………………………………………………… ………………………………………………………………. ……………….. on between purpose …..day the for on Be directed that government wish to negotiate the said agreements or arrangement. …………… The Minister 12 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) NOTICE FOR RE-NEGOTIATION [Made under regulation 9(3) ] NWR Form - N.4 To, ………………………………… …………………………………………. P.O Box ……………………………….. …………………………………………. Be informed that the Government of The United Republic of Tanzania has directed …………………. an Arrangement Or Agreement No……….dated on……..day………,20…… entered between ……………………………and …………………………..be of reviewed …………………………………………………………………………………… As the said arrangement or agreement contains the hereunder unconscionable terms ……………………………………………………………………………………… ……………………………………………………………………………………… ………………………………………………………………. purpose the for Be directed that government wish to negotiate the said agreements or arrangement. NB: The Schedule of the arrangement is hereby attached for necessary actions. …………… The Minister 13 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) NWR FORM -N.5 APPLICATION FOR OF EXTENSION OF TIME FOR RENEGOTIATION [Made under regulation 11(2) ] To, The Minister, …………………………………………. P.O Box ……………………………….. Subject to Regulation 11(2) of Natural Wealth and Resources Contracts (Review and Re- Negotiation of Unconscionable Terms) Regulations, 2019. I hereby apply for extension of time of………….for renegotiation of an arrangement or agreement between ……………………………….and ……………………which was scheduled to be conducted from ………day ………………., ………….. year ……………..up to ………….day ………… year…………on the subject matter /purpose…………………………….. I hereby apply to the Minister for extension of time on the following ground(s) …………………………………………………………………………… DECLARATION: I,………………………………………………………………………………… ………………… of …………………………………….. (name and position ) do DECLARE that the information so stated are true to the best of my knowledge. Signature……………………… (The Applicant) Dated……………month of ……….20……. FOR OFFICIAL USE ONLY (Ministry): I…………………………..(Minister for Constitutional and Legal Affairs) hereby Approve/disapprove the application for extension of time for 14 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) renegotiation of arrangement or agreement for period of …………days from the date of this approval. ………………. The Minister 15 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) NWR Form - N. 6 NEGOTIATION SUMMARY [Made under regulation 11(4)] Subject to negotiation conducted on …….day of …………20…..the parties agreed that
Part
scheduled to be conducted from ………day ………………., …………..
- 1 Verify source ↗
The Arrangements Or Agreements entered between …………… and
AI-assisted research summary: This section refers to arrangements or agreements and says they contain unconscionable terms.
1. The Arrangements Or Agreements entered between …………… and of of ……………………………………………………….. ………….,20….. …………………………………………………………………………cont ains unconscionable terms on …..day purpose the for - 2 Verify source ↗
That the parties agreed have agreed to renegotiate the terms and remove all
AI-assisted research summary: The parties agreed to renegotiate the terms and remove unconscionable terms.
2. That the parties agreed have agreed to renegotiate the terms and remove all unconscionable terms - 3 Verify source ↗
Any other ………………………………………………………………
AI-assisted research summary: This fragment appears to refer to “Any other …” and notes that the parties failed to negotiate on rectifying unconscionable terms on the stated grounds.
3. Any other ………………………………………………………………. IN ALTENATIVE The Parties failed to negotiate on rectifying the unconscionable terms on the following grounds; - 3 Verify source ↗
……………………………………………………………
AI-assisted research summary: This section provides a template for a renegotiation form and lists items to be filled in and signed.
3. ……………………………………………………………. Date: -………………….. ………………………………………………. Signature/Thumb of the Applicant……………………………………… Seal of the Ministry/Departments/Agency/Authority ………………….. Date: -………………….. ………………………………………………. Signature/Thumb of the Applicant……………………………………… Seal of the other party ……………………………………………........... 16 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) _________________ FOURTH SCHEDULE _________________ (Made under regulation 10(3)) GUIDELINES FOR RENEGOTIATION OF UNCONSCIONABLE TERMS TEMPLATE FOR USE IN RENEGOTIATION PROCESS NWR Form N. 7 Name/Description of Agreement or Arrangement for Renegotiation Reference Number Public Authority/Agency Work Unit Prepared by Date 17 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) Table of Contents - 9 Verify source ↗
Section 9
AI-assisted research summary: Section 9 is a contents-style entry listing topics about renegotiation team approval, endorsement, responsibilities, participation rules, timing, and related background.
9. RENEGOTIATION TEAM APPROVAL AND ENDORSEMENT .............. 19 PURPOSE ............................................................................................ 20 BACKGROUND AND CONTEXT ......................................................... 20 OBJECTIVES OF RENEGOTIATION ..................................................... 21 RENEGOTIATION TEAM RESPONSIBILITIES ..................................... 22 RULES OF PARTICIPATION AND CONDUCT ...................................... 22 LOCATION AND TIMINGS .................................................................. 24 INVESTOR(S) BACKGROUND ............................................................ 24 RENEGOTIATION ISSUES AND PRIORITIES ....................................... 25 - 10 Verify source ↗
Section 10
AI-assisted research summary: This section appears to be a heading or table-of-contents entry for recommendations and an attached code of conduct and confidentiality form.
10. RECOMMENDATION(S) ...................................................................... 26 ATTACHMENT: CODE OF CONDUCT AND CONFIDENTIALITY FORM ........ 26 18 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) - 1 Verify source ↗
Section 1
AI-assisted research summary: This section refers to government renegotiating team approval and endorsement.
1. GOVERNMENT RENEGOTIATING TEAM APPROVAL AND ENDORSEMENT - 1
AI-assisted research summary: This text is an approval/signature page for a Renegotiation Guideline, with spaces for the authorized officer’s name, position, signature, and date.
1.1. APPROVED BY: I approve this Renegotiation Guideline. Name of Authorized Officer: ………………………………………………… Position: ………………………………………………… Signature: ………………………………………………… Date: ………………../………………/20………… - 1
AI-assisted research summary: Members of the Government Renegotiating Team must keep renegotiation information confidential and tell the Team Leader if they become aware of a conflict of interest.
1.2. a) TEAM SIGN-OFF RENEGOTIATING GOVERNMENT RENEGOTIATING TEAM I acknowledge that I will be given access to information pertaining to or in respect of renegotiation for this contract and that all information that is acquired by me (whether by verbal or written means) in the course of my duties, is strictly confidential. I undertake that I shall not at any given time, disclose or reveal to any other party or person, or use or copy for any purpose other than in the discharge of my duties as a member of the Government Renegotiating Team, such information without first obtaining the written consent of the Team Leader. c) All documents, reports and information discussed within the renegotiation b) process shall be treated as commercial-in-confidence. Information and documentation shall be kept secure at all times and shall not be divulged or given to any persons not directly involved in the renegotiation process. I declare that to the best of my knowledge I do not have: d) e) iii. i. ii. any financial interest in the agreement or arrangement; any relatives or friends with a financial interest in the agreement or arrangement; any personal bias or inclination which would in any way affect my decisions in relation to the agreement or arrangement; and any personal obligation, allegiance or loyalty which would in any way affect my decisions in relation to the agreement or arrangement. I acknowledge that if I become aware of a conflict of interest I will inform the Team Leader. I have read this Renegotiation Guideline and agree to abide by it. Name: …………………………Signature……………….. Date ……./………./20.. iv. f) g) 19 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) Name: …………………………Signature……………….. Date ……./………./20.. Name: …………………………Signature……………….. Date ……./………./20.. Name: …………………………Signature……………….. Date ……./………./20.. Name: …………………………Signature……………….. Date ……./………./20.. Name: …………………………Signature……………….. Date ……./………./20.. Name: …………………………Signature……………….. Date ……./………./20.. - 2
AI-assisted research summary: The guideline says how the Government Renegotiating Team will renegotiate selected investment agreements or arrangements to address unfair terms and align them with Tanzanian law.
2.1. entered into to: Following the selection of the investor (s), renegotiation will be resolve any unconscionable term from the agreement or arrangement a) b) achieve improved terms and conditions that complies with the laws of Tanzania c) maximise the potential value available in the utilization or dealings in natural wealth and resources. It shall be acknowledged that renegotiation is a process by which parties starting from different positions arrive at a position acceptable to both in line with the laws of Tanzania. It is also a process of communication and may include emails, letters, facsimiles, telephone calls as well as formal and informal meetings. Renegotiation may take place on any aspect of the concluded agreement or arrangement to bring it in line with the laws of Tanzania. Thus, this renegotiation guideline sets out the guiding principles and procedures by which the Government Renegotiating Team will undertake the renegotiation. - 2
AI-assisted research summary: This provision says the guideline should be read together with listed documents.
2.4. This guideline is to be read in conjunction with the following documents: a) The Natural Wealth and Resources (Permanent Sovereignty) Act, No 5 of 2017; b) The Natural Wealth and Resources Contracts (Review and Re- negotiation of Unconscionable Terms) Act, No 6 of 2017; [insert any other additional documents to be used] c) - 3 Verify source ↗
Section 3
AI-assisted research summary: This section is a background and context heading only.
3. BACKGROUND AND CONTEXT 20 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) - 3
AI-assisted research summary: Members of the Government Renegotiating Team must ensure the team has the needed skill and experience and considers the balance of power in the renegotiation.
3.1. Summarize the agreement or arrangement background in the context of the renegotiation, considering issues such as: the existing relationship with the investors the nature of the market and any market issues a) nature of the procurement in terms of risk, value, and complexity b) c) one-off negotiation versus the need to maintain long-term relationships d) e) political or community sensitivities f) g) h) any other matter considered useful in the renegotiation process. Each member of the Government Renegotiating Team shall ensure that he skill and experience of the Government Renegotiating Team the balance of power in the renegotiation, and - 3
AI-assisted research summary: A person should adequately understand the background to help him during renegotiation.
3.2. adequately understands the background to assist him during renegotiation. - 4
AI-assisted research summary: Set out the main objectives for a renegotiation, focusing on mutual benefit and the major areas of concern rather than listing every item.
4.1. OBJECTIVES OF RENEGOTIATION Broadly detail the primary objectives for the proposed renegotiation that- (a) prompt the parties to work for solutions that benefit all or most of them; (b) view the other party as a potential partner rather than an adversary; (c) stimulate both parties to realize their objectives; and (d) facilitate the process of securing mutual advantages However, do not list every item at this stage, but detail the major areas of focus. - 4
AI-assisted research summary: This provision lists kinds of contract terms that are treated as unconscionable, including terms that undermine State sovereignty, restrict regulation, favor one investor unfairly, or harm the public interest.
4.2. unconscionable terms, namely. Terms that: In developing the objective regard shall be had on the following list of (a) aim at restricting the right of the State to exercise full permanent sovereignty over its wealth, natural resources and economic activity; (b) are restricting the right of the State to exercise authority over foreign investment within the country and in accordance with the laws of Tanzania; (c) are inequitable and onerous to the state; (d) restricts periodic review of arrangement or agreement which purports to last for life time; (e) secures preferential treatment designed to create a separate legal regime to be applied discriminatorily for the benefit of a particular investor; (f) are restricting the right of the State to regulate activities of transnational corporations within the country and to take measures to ensure that such activities comply with the laws of the land; (g) are depriving the people of Tanzania of the economic benefits derived from subjecting natural wealth and resources to beneficiation in the country; (h) are by nature empowering transnational corporations to intervene in the internal affairs of Tanzania; 21 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) (i) are subjecting the State to the jurisdiction of foreign laws and fora; (j) expressly or implicitly are undermining the effectiveness of State measures to protect the environment or the use of environment friendly technology; or (k) aim at doing any other act the effect of which undermines or is injurious to welfare of the People or economic prosperity of the Nation. - 5 Verify source ↗
Section 5
AI-assisted research summary: This section introduces a table that will set out the responsibilities of the Government Renegotiating Team.
5. GOVERNMENT RENEGOTIATING TEAM RESPONSIBILITIES In the Table No. 1 below, broadly detail the roles to be undertaken by - 5
AI-assisted research summary: This provision refers to each Negotiation Team member and lists example roles that may be included.
5.1. each Negotiation Team member. Example roles may include Team Leader, minute taker, principal re-negotiator, support re-negotiator, technical re- negotiator etc. - 5
AI-assisted research summary: This provision lists the members and roles of the Government Renegotiating Team.
5.2. The members of the Government Renegotiating Team are: TABLE No. 1 Team Member Role/Responsibility Team Leader Minutes Taker Principal Re-negotiator Support Re-negotiator Technical Re-negotiator Quality Assurance Observer - 6
AI-assisted research summary: The Government Renegotiating Team should avoid unnecessary concessions when renegotiating, and meetings should only be called if the expected result is worth the cost.
6.1. General Issues 22 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) a) The fundamental goal of the negotiation is to achieve improved outcomes while ensuring acceptable results for both parties in accordance with the laws of Tanzania. The Government Renegotiating Team shall not make unnecessary concessions simply to reach agreement. b) Renegotiation can be costly to both parties – time and effort is required in planning and conducting them, and taking into account the costs that may be incurred too. Accordingly, formal meetings should only be called where the likely result outweighs the costs involved. - 6
AI-assisted research summary: This section assigns duties for renegotiation: the Team Leader must oversee the process, a team member must record outcomes, team leaders must initial the minutes, team members must attend unless excused, and the Team Leader must get authority before renegotiation and may approve extra advisers if needed.
6.2. Roles and Responsibilities a) The Team Leader is responsible for ensuring the objectives of the renegotiation are met and the rules for renegotiation, as detailed in the guideline, are followed. b) One Government Renegotiating Team member shall minute all negotiated outcomes and provide minutes to all members of both parties for agreement. The minutes shall be initialed by the Team Leaders from both sides. c) All Government Renegotiating Team members are to be present at all renegotiation, unless they have been given permission to be absent. d) The Team Leader may approve the attendance of additional advisors or subject matter experts if required. e) Where external assistance is required (i.e. from personnel not employed in the public service), then a Code of Conduct and Confidentiality Form attached hereto shall be signed. f) The Team Leader shall obtain appropriate authority prior to renegotiation to allow commitment to appropriate negotiated outcomes as they occur. - 6
AI-assisted research summary: Renegotiation must be transparent, documented, fair, confidential, and free from gifts or benefits, with conflicts of interest disclosed to the Team Leader.
6.3. Probity a) The renegotiation process shall be transparent, documented and undertaken in a fair and equitable manner. b) Government Renegotiating Team members shall notify the Team Leader of any possible conflicts of interest. Where a conflict of interest exists, the team member should be excluded from the decision-making processes which concern the relevant matter and from any aspect of the agreement or arrangement where the team member has the ability to influence the result. c) All renegotiation matters are confidential and shall be treated as commercial-in-confidence and shall not be divulged to any other person who has not been authorised by the Team Leader to receive that information. d) The Government Renegotiating Team will not, for themselves or others, seek or accept gifts or benefits. The Government Renegotiating Team will comply with the Code of Ethics for Public Servants and any policies of their public service in relation to accepting, declaring and/or recording the receipt of gifts or benefits. 23 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) e) Renegotiation proceedings shall be documented to provide a clear audit trail. - 6
AI-assisted research summary: The Negotiation Team must meet before each negotiation, and the Team Leader must notify the investor(s) of the agenda before renegotiation.
6.4. Process i. ii. a) The Negotiation Team will meet prior to each negotiation to: reaffirm the renegotiation objectives; understand the renegotiation approach, in accordance with the guideline ; and understand the roles and responsibilities of each Government Renegotiating Team member including confidentiality and probity principles. iii. b) Prior to the renegotiation, the Team Leader shall notify the investor(s) of the agenda of items to be discussed in the renegotiation. - 6
AI-assisted research summary: During renegotiation, Government Renegotiating Team members must act ethically and keep the process confidential.
6.5. Conduct During Renegotiation a) It is important when conducting renegotiation that the following conduct is maintained: i. Maintain confidentiality; ii. Do not give the investor(s) the impression that the agreement or arrangement is going to be abandoned; iii. Maintain an ethical approach at all times; iv. v. Resolve internal differences away from the renegotiation room; Retain an open mind at all times; b) Look for long term results; c) Government Renegotiating Team members shall conduct themselves ethically at all times; d) Ensure that renegotiation being undertaken are renegotiated agreement or arrangement to be signed once approved; and e) Ensure that essential terms have been actually agreed to when proposing to enter into a renegotiated agreement or arrangement. f) The list is not exhaustive; each agreement or arrangement shall be treated on its own merits g) - 7 Verify source ↗
LOCATION AND TIMINGS
AI-assisted research summary: This section says the renegotiation will take place at a specified location, but the location is left blank in the text provided.
7. LOCATION AND TIMINGS The renegotiation will take place at [insert location]. Renegotiation is - 7
AI-assisted research summary: This provision says something is expected to take an inserted expected duration.
7. 1. expected to take [insert expected duration]. - 7
AI-assisted research summary: The provision proposes a renegotiation schedule and refers to investor background information.
7.2. The following schedule of renegotiation is proposed: (a) [Specify date(s) and time(s) of renegotiation] (a) INVESTOR(S) BACKGROUND - 1 Verify source ↗
1. For the investor(s), broadly detail
AI-assisted research summary: For the investor(s), broadly detail their market position, the agreement’s value to them, their strengths and weaknesses, likely strategy, team, and stance on key issues.
1.1. For the investor(s), broadly detail: (a) market position; 24 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) (b) attractiveness and relative value of the agreement or arrangement to the investor(s); (c) investor’s strengths and weaknesses; (d) investor’s likely approach and strategies; (e) likely team members and roles; and (f) their likely position on key issues. - 8
AI-assisted research summary: The text says to obtain a clear background of the investor(s) and to conduct thorough due diligence.
8.2. obtain a clear background of the investor(s). A thorough due diligence should be conducted in order to (b) RENEGOTIATION ISSUES AND PRIORITIES - 9 Verify source ↗
1. In Table 2 below, detail the issues to be renegotiated and prioritise them
AI-assisted research summary: This provision says to fill in Table 2 with the issues to be renegotiated and rank their priority as low, medium, or high.
9.1. In Table 2 below, detail the issues to be renegotiated and prioritise them (low, medium or high). Table No. 2: Renegotiation Issues and Priorities - Summary No. Issue Priority - 9
AI-assisted research summary: Use Table 3 to record each renegotiation issue and its details.
9.2. below [duplicate this Table for each renegotiation issue]. Each of the issues to be renegotiated should be detailed in Table 3 Table No. 3: Issue Details (a) Issue: [Enter description] (b) Priority of this issue (c) Our minimum outcome (d) Our target outcome (e) Our strengths and weaknesses in negotiating this issue (f) Our points of leverage and possible concession points (g) Our best alternative to a negotiated agreement (BATNA) - 9
AI-assisted research summary: The text says the entity and the Government Renegotiating Team should keep the outcome clear, and that investors who can picture the end result are likely to guide the renegotiation process.
9.3. As the issues are being detailed, the entity and the Government Renegotiating Team should always make sure it crystallizes of the outcome. The investor(s) who can visualize the end result will most likely be the one who guides the renegotiation process. - 9
AI-assisted research summary: The text advises parties to prepare in advance and gather as much information as possible before renegotiating.
9.4. Once the issues become clearer, prepare in advance. Information is power. Obtain as much information as possible beforehand to make sure you understand the value of what you are renegotiating. It should be borne in mind that very few negotiations begin when the counterparts arrive at the table 25 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) - 10 Verify source ↗
1. At the conclusion of renegotiation, the Team Leader will prepare a
AI-assisted research summary: After renegotiation, the Team Leader must prepare a Renegotiated Term(s) document.
10.1. At the conclusion of renegotiation, the Team Leader will prepare a Renegotiated Term(s) which should include the following information relating to the renegotiation: (a) all renegotiation undertaken, and the outcomes of these; (b) any variations of term(s) resulting from renegotiation, and any required management strategies for these variations; (c) post renegotiation risks identified and any management strategies developed; (d) concessions agreed to or renegotiated which vary the prior concluded agreement or arrangement; (e) a summary of final offer and benefits (look at the bigger picture or Tanzania) achieved by renegotiation; and (f) any other matter the Government Renegotiating Team thinks relevant for inclusion so that the Government take an informed decision on the matter. - 10 Verify source ↗
2. At the conclusion of the process a thorough report shall be prepared
AI-assisted research summary: At the end of the process, a thorough report must be prepared and submitted to several named offices.
10.2. At the conclusion of the process a thorough report shall be prepared and submitted to the following: (a) Chief Secretary, (b) Permanent Secretary responsible for the agreement or arrangement that is being renegotiated; (c) Permanent Secretary responsible for legal affairs; (d) Permanent Secretary responsible for investments; (e) Permanent Secretary responsible for local government; (f) Permanent Secretary responsible for labour; (g) Permanent Secretary responsible for Home Affairs, and (h) Deputy Attorney General. - 10 Verify source ↗
3. The Permanent Secretary responsible for legal affairs shall convene a
AI-assisted research summary: The Permanent Secretary responsible for legal affairs must convene government stakeholders and then advise the Minister on the renegotiation outcome. People handling the renegotiation information must keep it confidential and disclose conflicts of interest.
10.3. The Permanent Secretary responsible for legal affairs shall convene a meeting of government stakeholders to discuss the report and thereafter advise the Minister responsible for constitutional affairs on the outcome of the renegotiation process for onward transmission to the relevant authority to be dealt with in accordance to law and administrative guidelines in place. ATTACHMENT: CODE OF CONDUCT AND CONFIDENTIALITY FORM (a) Code of Conduct and Confidentiality Form (b) Subject: Renegotiation of [insert name of the arrangement or agreement] (c) Name: (d) Organisation: (e) Position: (f) Telephone: (g) Address: ………………………………….……… ………………………………….……… ………………………………….……… ………………………………….……… ………………………………….……… 26 Natural Wealth And Resources Contracts (Review And Re-Negotiation Of Unconscionable Terms) GN. NO. 57 (Contd.) ………………………………….……… (h) (i) I acknowledge that I will be given access to information pertaining to or in respect of renegotiation for the contract named above and that all information (whether acquired by verbal or written means) that is provided to me or acquired by me in the course of my duties is strictly confidential. (j) I undertake that I shall not at any time give, disclose or reveal to any other party or person, or use or copy for any purposes other than in the discharge of my duties as a member of the Government Renegotiating Team, such information without first obtaining the written consent of the Team Leader. (k) All documents, reports and information discussed within the renegotiation shall be treated as commercial-in-confidence and thus I undertake to keep all information and documentation in my custody secure at all times and I shall not divulge or give to any persons not directly involved in the renegotiation process. (l) I declare that to the best of my knowledge, I do not have: (a) any financial interest in the agreement or arrangement being renegotiated; (b) any relatives or friends with a financial interest in the agreement or arrangement being renegotiated; (c) any personal bias or inclination which would in any way affect my decisions in relation to the agreement or arrangement being renegotiated; and (d) any personal obligation, allegiance or loyalty which would in any way affect my decisions in relation to the agreement or arrangement being renegotiated. (m) I acknowledge that if I become aware of a conflict of interest I will inform the Team Leader. Dated at [insert location] this [insert date] day of [insert month], [insert year] Signature: .............................................................. Name: .............................................................. …… Witness Signature: ................................................... Witness Name: ......................................................... Witness’ Qualifications: …………………………. Dodoma, 23th December, 2019 AUGUSTINE P. MAHIGA Minister for Constitutional and Legal Affairs 27
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
The Natural Wealth and Resources Contracts (Review and Re-Negotiation of Unconscionable Terms) Regulations, 2020
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign in