THE TANZANIA SHIPPING AGENCIES (CLEARING AND FORWARDING OF EXCLUSIVE ITEMS) REGULATIONS, 2024
These Regulations may be cited by the stated name.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Tanzania
- Instrument
- Regulation
- Citation
- THE TANZANIA SHIPPING AGENCIES (CLEARING AND FORWARDING OF EXCLUSIVE ITEMS) REGULATIONS, 2024
- Version
- Undated source snapshot
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
These Regulations may be cited by the stated name. These Regulations apply to the Corporation, customers, or third parties involved in clearing and forwarding services for import or export of an exclusive item in or from Mainland Tanzania. This section defines key terms used in the Regulations, including the Act, Board, Corporation, customer, manifest, and shipping document. The Corporation must provide exclusive clearing and forwarding services for certain listed import or export items, and customers must not mix other items with those specified items in one cargo document. The Corporation must provide specified customs and freight services when carrying out its exclusive mandate, and it must follow established performance benchmarks.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of THE TANZANIA SHIPPING AGENCIES (CLEARING AND FORWARDING OF EXCLUSIVE ITEMS) REGULATIONS, 2024
Showing 36 of 36
- 1
AI-assisted research summary: These Regulations may be cited by the stated name.
1. These Regulations may be cited as the Tanzania Shipping Agencies (Clearing and Forwarding of Exclusive Items) Regulations, 2024. - 2
AI-assisted research summary: These Regulations apply to the Corporation, customers, or third parties involved in clearing and forwarding services for import or export of an exclusive item in or from Mainland Tanzania.
2. These Regulations shall apply to the Corporation, customer or third party when carrying out or receiving clearing and forwarding services relating to import or export of an exclusive item in or from Mainland Tanzania. Interpretation - 3
AI-assisted research summary: This section defines key terms used in the Regulations, including the Act, Board, Corporation, customer, manifest, and shipping document.
3. In these Regulations unless the context otherwise Cap. 415 Cap. 415 requires: “Act” means the Tanzania Shipping Agencies Act; “Board” means the Board of Directors established under section Cap. 182 21 of the Act; “cargo document” includes bill of lading, airway bill, road consignment notes, manifest, packing invoice, material safety data sheet, import/export permit, bay plan, stowage plan, discharging list and loading list; list, “chemical” has a meaning ascribed to it under the Industrial and Consumer Chemicals (Management and Control) Act and for purposes of these Regulations, relates only to: (a) chemicals consigned to a mining company; or (b) chemicals used by mining companies, regardless of whether the consignee is a mining company or non- mining company; “Corporation” means the Tanzania Shipping Agencies Corporation established under section 4 of the Act; “customer” means a person who obtains or seeks to obtain services from the Corporation and includes the principal, shipping agent, shipper and consignee; “de-stuffing” means the process of removing cargo from a Tanzania Shipping Agencies (Clearing and Forwarding of Exclusive Items) GN No. 184 (Contd) Cap. 383 container for transportation or delivery as loose cargo; “Director General” means the Director General appointed under section 30 of the Act; “general average” means the apportionment of financial liability to the shipper, consignee or interested party for the loss arising from the jettisoning of cargo; “Government trophy” means a government trophy as referred to under the Wildlife Conservation Act; “internal operating procedures” means a set of procedures approved per section 22(2)(d) of the Act to guide the Corporation to perform its function; “live animal” means any kind of vertebrate and invertebrate animal and the young and egg thereof, other than domestic animals; “manifest” means a document providing a complete list of cargo on board, a named ship and includes information and details of each bill of lading covering all such cargo, the name of the master of the ship and the agent of the ship at a particular port of loading or discharge; “Minister” means the Minister responsible for maritime transport; Cap. 123 “mineral concentrates” has a meaning ascribed under the Cap. 166 Mining Act; “one-time customer” refers to an importer or exporter who engages in a single consignment with the Corporation without any expectation or intention of transporting future consignments; “payment control number” means a reference number, with the tax invoice, generated from the Government for making online payments to the revenue collection account of the Corporation; “performance benchmarks” means a level of performance set by the Corporation to be complied with by a service provider; “port” has a meaning ascribed to it under the Ports Act; “principal” means an ocean carrier for whom a shipping agent acts on behalf in the shipping business; “shipping agency documents” means documents produced by the ocean carrier or shipping agent to accompany the request for approval by customs or other authorities for the movement of ship, cargo, passenger and ship provisions and include the bill of lading, airway bill, manifest, delivery order, shipping order or any other document relevant in the shipping industry as may be prescribed by the relevant authority; “shipping document” means the appropriate transport document Tanzania Shipping Agencies (Clearing and Forwarding of Exclusive Items) GN No. 184 (Contd) supporting clearance of cargo through customs, port and other authorities and includes a bill of lading, airway bill, manifest, invoice, packing list, delivery order, shipping order, insurance cover note or any other document relevant for cargo clearance as may be prescribed by the relevant authority; “specific instruction” means the directive of a customer to the Corporation to undertake a particular action in the course of the provision of service; “stuffing” means the process of loading cargo into a container and sealing the container for transportation by an ocean or inland waterways carrier; “tax invoice” has the meaning ascribed to it under the Value Added Tax Act; and “third party” means a contractor, subcontractor, concessionaire, agent or their employees engaged by the Corporation to perform its mandate on its behalf as provided in the Act and regulation 4. Cap. 148 PART II PROVISION OF EXCLUSIVE CLEARING AND FORWARDING SERVICES Exclusive clearing and forwarding services
Part
PART II
- 4
AI-assisted research summary: The Corporation must provide exclusive clearing and forwarding services for certain listed import or export items, and customers must not mix other items with those specified items in one cargo document.
4.-(1) The Corporation shall provide exclusive clearing and forwarding services for the import or export of the following specified items: (a) arms and ammunition; (b) mineral concentrates; (c) chemical used by mining companies; (d) Government trophies; and (e) live animals under the Wildlife Conservation Cap. 283 Act. (2) The customer shall ensure that, in one cargo document, items are not mixed with specified items falling under the exclusive mandate. (3) Subject to subregulation (2), where a single cargo document has mixed another item with the specified items falling under the Corporation, the whole consignment. the Corporation shall clear the exclusive mandate of (4) Subject to the provision of subregulation (3), the Corporation shall charge fees, charges or commission of the clearance. Tanzania Shipping Agencies (Clearing and Forwarding of Exclusive Items) GN No. 184 (Contd) Services to be rendered by Corporation - 5
AI-assisted research summary: The Corporation must provide specified customs and freight services when carrying out its exclusive mandate, and it must follow established performance benchmarks.
5.-(1) When performing the exclusive mandate under regulation 4, the Corporation shall provide the following services: (a) customs clearance; (b) freight forwarding agency; (c) customs and freight logistics advisory; and (d) any other services as may be agreed between the Corporation and customer for each consignment. (2) In providing services mentioned in subregulation (1), the Corporation shall adhere to the established performance benchmarks. (3) Where the customer demands the services under the exclusive mandate of the Corporation as provided for in the Act, there shall be an implied request to the Corporation to undertake clearing and forwarding services. Performing function of private shipping agent - 6 Verify source ↗
Citation
AI-assisted research summary: If a private shipping agent does not carry out its function, the Corporation must make sure the service is performed, the agent must hand over shipping documents and necessary information within three days, and the principal must pay the shipping agency fees.
6.-(1) Where a private shipping agent fails to execute its function, the Corporation shall ensure that such function is performed and requires- (a) the private shipping agent, within three days, to hand shipping documents and over all necessary information to the Corporation to enable the service to be provided as planned; and (b) the principal to pay all fees for shipping agency services which will be performed. (2) The Corporation shall determine and allot any share of such fee of the private shipping agent whose licence has been suspended or revoked for any service which might have been rendered before suspension or revocation of its licence. Performing Corporation function PART III AGREEMENTS WITH THIRD PARTY
Part
PART III
- 7
AI-assisted research summary: The Corporation may use third parties to provide forwarding and shipping agency services, and may choose the contractual arrangement it considers appropriate.
7.-(1) The Corporation may enter into contractual obligations with a third party, where it deems necessary, to provide- (a) forwarding services for exclusive items; and (b) shipping agency services where a private shipping agent has failed to execute its function. (2) Subject to subregulation (1), the agreement may be entered through a contract, concession, joint venture, public- private partnership or other means deemed appropriate by the Corporation. Tanzania Shipping Agencies (Clearing and Forwarding of Exclusive Items) GN No. 184 (Contd) Engagement of licenced or registered third party - 8
AI-assisted research summary: The Corporation must not use a third party to provide services on its behalf unless that third party is licensed or registered by a relevant authority or institution.
8. The Corporation shall not arrange, outsource or engage a third party to provide any services on its behalf, unless the third party is licenced or registered by a relevant authority or institution to provide such services. Procurement of third party Cap. 410 - 9
AI-assisted research summary: The Corporation must follow the Public Procurement Act when it hires a third party to perform its functions.
9. The Corporation when engaging a third party to perform its functions, shall comply with the provisions of the Public Procurement Act. Terms of service - 10
AI-assisted research summary: A third party must follow its service agreement with the Corporation and, when performing contracted functions, act diligently, professionally, honestly, and in line with the Corporation’s performance benchmarks.
10.-(1) A third party shall comply with the terms and conditions of agreement of service entered into with the Corporation. (2) In the course of performing contracted functions by the Corporation, the third party shall- (a) exercise due diligence, professionalism and integrity; (b) adhere to performance benchmarks specified by the Corporation; and (c) act bona fide. Commission payable to third party - 11
AI-assisted research summary: The Corporation must pay commission or another agreed payment to the engaged third party within seven days after each calendar month ends.
11.-(1) The Corporation shall pay commission or such other payment to the engaged third party within seven days after the end of every calendar month. (2) The amount to be paid in subregulation (1) shall be set out in the agreement. Liability of third party - 12 Verify source ↗
Performing Corporation function
AI-assisted research summary: A third party is liable for losses, damage, injury, or costs caused by its wrongful acts or omissions while providing agency services for the Corporation.
12. A third party shall be liable for any loss, damage, injury or cost sustained by any person as a result of any default, negligence, breach or other wrongful act or omission in the course of performing its function of providing agency services on behalf of the Corporation. PART IV FEES, CHARGES AND COMMISSION Applicable fees, charges and commission
Part
PART IV
- 13
AI-assisted research summary: The Board must set the fees, charges, or commissions payable by customers to the Corporation for services under these Regulations and publish them in the Gazette.
13. Fees, charges or commissions payable by customers to the Corporation for service rendered under these Regulations shall be set by the Board as prescribed in the Act, and published in the Gazzette. Customer’s deposit account - 14
AI-assisted research summary: The Corporation must open and manage a customer deposit account in the stated currencies, and issue a statement after the transaction. A customer may pay money into the account to cover service costs.
14.-(1) The Corporation shall open the customer’s deposit account in Tanzanian shillings, United States Dollars or any other currency denomination for safe custody and Tanzania Shipping Agencies (Clearing and Forwarding of Exclusive Items) GN No. 184 (Contd) management of the customer’s advance payments. (2) Subject to subregulation (1), a customer may pay into the opened customers’ deposit account of the Corporation, the amount of money to cover services costs chargeable to the customer, including agency fees, charges, commission and reimbursable. (3) Subject to subregulation (2), the agency fees, charges, commission, and reimbursable shall be deducted from the Corporation shall, upon the deposited amount, and completion of the transaction, issue a customer with a statement. (4) The customer statement issued under subregulation (3) shall indicate the- (a) deposited amount; (b) utilised amount; (c) any balance for the refund to the customer; or (d) any additional claim by the Corporation. Utilisation of balance fund of customer - 15 Verify source ↗
16. Mode and terms of payment
AI-assisted research summary: Any remaining balance in the customer’s deposit account after a transaction may be reused for future transactions or refunded if the customer instructs the Corporation.
15. A balance fund remaining in the customer’s deposit account after the completion of the transaction may be used for future transactions or refunded upon customer’s instruction to the Corporation. Mode and terms of payment - 16 Verify source ↗
Mode and terms of payment
AI-assisted research summary: The Corporation must issue a tax invoice to notify the customer to pay the invoiced amount, and customers must pay it to the Corporation’s revenue collection account using the payment control number. Some customers must pay within 24 hours of the invoice date.
16.-(1) The Corporation shall, through the issuance of tax invoice, notify the customer to pay the principal amount of agency fees, charges or commission with applicable tax for the services to be rendered. (2) The customer shall make payment prescribed in the tax invoice direct to the revenue collection account of the Corporation by using the payment control number obtained from the Corporation. (3) Notwithstanding the generality of subregulation (2), one-time customers and customers with consignments that pass through border posts shall make payment prescribed in the tax invoice within twenty-four hours from the date of the invoice. Failure to effect payment - 17
AI-assisted research summary: If the customer does not pay within the prescribed period, the Corporation must stop providing the services and the customer must pay 10% interest compounded monthly on the principal amount, in addition to the invoice sum.
17. Subject to regulation 16, where the customer fails to effect payment within the prescribed period- (a) Corporation shall not continue to render the services. (b) in addition to the sum prescribed in the tax invoice, the customer shall be required to pay interest at the rate of ten per cent compounded monthly or part thereof on the principal amount. Commission on - 18
AI-assisted research summary: A customer must settle all disbursement bills for services rendered, and the Corporation must charge a 2.5% monthly compounded commission when it uses its own funds to pay certain customer-related amounts.
18.-(1) A customer shall be responsible for settling all Tanzania Shipping Agencies (Clearing and Forwarding of Exclusive Items) GN No. 184 (Contd) disbursement bills related to the services rendered. (2) Where the Corporation uses its own funds to pay- (a) value added tax upon customer’s delay or failure to settle issued tax invoice within the prescribed time; or (b) any other charges ought to have been incurred by a customer, the Corporation shall charge a commission on disbursement at the rate of 2.5 percent compounded monthly, or part thereof, of the funds used. - 19 Verify source ↗
Failure to effect payment
AI-assisted research summary: If a transaction cannot be completed because of the customer's fault, the Corporation can receive payment for agency fees and completed-service costs. The customer must also pay other associated costs, including taxes and duties required by other written laws.
19.-(1) Where the Corporation has partly performed a transaction which cannot be completed due to the customer's fault, the Corporation shall be entitled to receive payment for the agency fees and cost incurred on the completed services before termination of the transaction. (2) Subject to subregulation (1), the customer shall be required to pay other associated costs, including taxes and other applicable duties or levies as may be required by other written laws. (3) For the purpose of this regulation, “the customer’s Remuneration on part performance fault” shall include the occurrence of any of the following: (a) failure to make a required payment when due; (b) insolvency or bankruptcy of a customer; (c) where any of the customer’s property is subjected to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or Government agency; suspension or (d) deregistration, revocation of customer’s licence; (e) failure to submit any required document requested by the Corporation; or (f) any other reason occasioned by the customer which may hinder the Corporation from performing its function under these Regulations. PART V TERMS AND CONDITIONS OF BUSINESS Insurance arrangement
Part
PART V
- 20
AI-assisted research summary: The Corporation may arrange insurance cover if the customer expressly instructs it to do so, subject to stated exceptions.
20. The Corporation may, upon express instruction of the customer, arrange insurance cover when providing services Tanzania Shipping Agencies (Clearing and Forwarding of Exclusive Items) GN No. 184 (Contd) under these Regulations except where- (a) the customer pays for the insurance cover and associated processing cost the Corporation as may be agreed by the customer; and (b) the insurance is subject to the usual exceptions and insurer or the policies of incurred by the conditions of underwriter taking the risk. Instructions of customer - 21
AI-assisted research summary: The Corporation must provide services according to customer instructions, and customers must give accurate, complete instructions that fit the Regulations.
21.-(1) The Corporation shall provide services in line with instructions provided by a customer. (2) The customer’s instruction under subregulation (1) shall be accurate, complete or in accordance with the terms and conditions provided for under these Regulations. (3) Where the customer provides inaccurate or incomplete instruction and causes loss or damage to the Corporation or a third party, the Corporation shall claim such loss from the customer and any other associated costs. (4) Without prejudice to the provisions of subregulation (1), the Corporation may-. (a) arrange the method of providing services and choose; or (b) substitute the means, route and procedure to be followed in handling, storage and transportation of the consignment. Delivery of consignment - 22
AI-assisted research summary: The Corporation must deliver the consignment within the customer’s timeframe in the consignment clearance plan. A customer may treat it as lost and claim compensation if 120 consecutive days pass after the delivery date, unless there is evidence to the contrary.
22. -(1) The Corporation shall deliver the consignment to the timeframe determined by the customer within the consignment clearance plan. (2) Subject to subregulation (1), after a lapse of one hundred and twenty consecutive days from the date when the consignment ought to have been delivered, and in the absence of evidence to the contrary, a customer may treat the consignment as lost and file a claim to the Corporation for compensation. Receipt of consignment - 23
AI-assisted research summary: A customer must sign a delivery note when receiving a consignment.
23.-(1) A customer shall acknowledge receipt of the consignment by signing a delivery note. (2) Subject to subregulation (1) the delivery note shall be prima facie evidence that the consignment was delivered in good order and condition. (3) Notwithstanding the provisions of subregulation (1) and (2), where the customer has not signed the delivery note, but furnish the Corporation with a written notice at the time of delivery, specifying the general nature of loss or damage to the consignment, the that consignment was not delivered in good order and condition. it shall be prima facie evidence Tanzania Shipping Agencies (Clearing and Forwarding of Exclusive Items) GN No. 184 (Contd) Security of consignment Guarantee of accurate information - 24
AI-assisted research summary: The Corporation may keep a customer’s consignment, related property, or documents as security for money owed to it, and may enforce that security according to law.
24. The Corporation may hold a customer’s consignment and any property or document relating thereto as a security for any amount due to the Corporation and enforce such security in accordance to the law. - 25
AI-assisted research summary: A customer must submit all consignment documents to the Corporation.
25.-(1) A customer shall submit to the Corporation all documents related to consignment, and such documents shall be presumed to contain accurate information related to the consignment, including particulars relating to the general nature of the consignment, description of the cargo, marks and numbers, weight, volume and quantity and dangerous character of the consignment, as furnished by him or on his behalf. (2) Where a customer fails to furnish accurate information under subregulation (1), the Corporation shall not be liable for any offence, loss or damage related to such consignment. Indemnity - 26
AI-assisted research summary: A customer must indemnify the Corporation for liability arising from clearing and forwarding services done on the customer’s behalf, subject to subregulation (1).
26.-(1) The liability of the Corporation shall be to the extent of the provisions of these Regulations. (2) Subject to the provisions of subregulation (1), a customer shall indemnify the Corporation for any liability incurred in the performance of the clearing and forwarding services on behalf of the customer. General average - 27
AI-assisted research summary: The customer must provide security if the Corporation requires it, and the Corporation is to be indemnified for certain general average claims made on the customer.
27. The Corporation shall be indemnified in respect of any claims of a general average which may be made on the customer, and the customer shall provide security as may be required by the Corporation. PART VI GENERAL PROVISIONS Limitation on claim of loss or damage
Part
PART VI
- 28
AI-assisted research summary: The Corporation is not liable for loss or damage caused by limitations or faults beyond its control.
28. The Corporation shall not be liable for any loss or damage arising from any limitation or fault which is beyond the control of the Corporation. Corporation’s duty of care - 29
AI-assisted research summary: The Corporation must exercise due care for the consignment, including due diligence and reasonable measures to keep it safe and secure.
29. The Corporation shall exercise duty of care including undertaking due diligence and reasonable measures to ensure safety and security of the consignment. Assessment of compensation - 30
AI-assisted research summary: The Corporation must compensate customers for consignment loss or damage, or direct financial loss caused by a breach of duty of care, within a reasonable time.
30.-(1) The Corporation shall, within reasonable time, compensate a customer for loss or damage of consignment or direct financial loss resulting from a breach of duty of care. the Corporation is required (2) Where to make Tanzania Shipping Agencies (Clearing and Forwarding of Exclusive Items) GN No. 184 (Contd) Compensation limit Limitation of liability for delay Duty of confidentiality Compliance with established practices of conducting business compensation in relation to any consignment or part thereof, the assessment shall be determined by reference to normal value of the consignment of similar type and quality or any other means as the Corporation may deem fit. - 31
AI-assisted research summary: The Corporation’s liability is capped at USD 2,000 per consignment for loss or damage, and at USD 3,000 per incident for other covered losses, unless a larger amount is recovered or received from a person for whom the Corporation is responsible.
31.-(1) The Corporation shall not be liable for any loss or damage to the consignment of an amount exceeding Two Thousand United States Dollars or its equivalent in Tanzania Shillings per consignment lost or damaged unless a larger amount is recovered by a person for whom the Corporation is responsible. (2) Subject to the provisions of subregulation (1), the Corporation’s liability for any type of loss not mentioned under these Regulations, shall not exceed the total amount of Three Thousand United States Dollars or its equivalent in Tanzania Shillings for each incident unless a larger amount is received from a person for whom the Corporation is responsible. - 32
AI-assisted research summary: The Corporation is liable for charges caused by delays in rendering services when the delay was solely caused by the Corporation.
32.-(1) The Corporation shall be liable for charges arising from the delay in rendering services where it is proved that, such delay was caused solely by the Corporation. (2) Subject to subregulation (1), where it is proved that, the Corporation is liable in respect of charges for delay in rendering services, such liability shall be limited to an amount not exceeding the charges relating to the service caused the delay. - 33
AI-assisted research summary: Employees, agents, and representatives of the Corporation must not use or disclose customer-proprietary information for personal benefit, and the Corporation must keep customer information confidential unless disclosure is required by law.
33.-(1) An employee, agent or representative of the Corporation shall not at any time or in any manner either directly or indirectly, use for personal benefit, divulge, disclose, or communicate in any manner, any information that is proprietary to the customer. (2) Notwithstanding subregulation (1), the Corporation shall be required to protect any information of the customer and treat it as confidential, unless required to disclose such information according to the law. - 34
AI-assisted research summary: The Corporation must follow stated service practices when carrying out its activities.
34. In the discharge of its activities, the Corporation shall, in addition to the relevant law and regulations, have regard to the practices of providing services, include- (a) carrying out operations twenty-four hours daily for seven days of a week including weekends and public holidays; (b) disclosing applicable fees, charges and commission payable by customer; Tanzania Shipping Agencies (Clearing and Forwarding of Exclusive Items) GN No. 184 (Contd) (c) establishing a system of handling complaints; (d) collecting delivery order; (e) collecting storing order; and (f) updating customer on movement of cargo. Complaints handling procedure GN. No. 338 of 2018 Revocation GN. No. 386 of 2020 - 35
AI-assisted research summary: A party with a dispute about the Corporation’s functions or the Act and these Regulations may lodge a complaint under the Complaints Handling Regulations.
35. Where the party has any dispute relating to any matter arising from the- (a) performance of the Corporation function; or (b) implementation of the Act and these Regulations, may lodge his complaint in accordance with Tanzania Shipping Agencies (Complaints Handling) Regulations. - 36 Verify source ↗
The Tanzania Shipping Agencies
AI-assisted research summary: This provision revokes the Tanzania Shipping Agencies (Shipping Business) Regulations, 2020.
36. The Tanzania Shipping Agencies (Shipping Business) Regulations, 2020 is hereby revoked. Dodoma 5th March, 2025 MAKAME M. MBARAWA Minister for Transport
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 TANZANIA SHIPPING AGENCIES (CLEARING AND FORWARDING OF EXCLUSIVE ITEMS) REGULATIONS, 2024
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign in