The Prevention of Terrrorism (General) Regulations, 2022
This provision is a heading for citation, application, and interpretation in Part II on sanctions designations and mechanisms.
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This provision is a heading for citation, application, and interpretation in Part II on sanctions designations and mechanisms. This section is a contents-style list of topics about targeted financial sanctions, including designations, delisting, committee responsibilities, and related review and notification steps. This section lists topics about prohibitions on dealing with a designated party’s funds or other assets, making funds, assets, or services available, and related applications for variation, redress, and administration. This section states that arms embargoes and travel bans may be imposed on designated parties and designated persons. This section is titled to cover powers to collect or solicit information, immunity, confidentiality, compliance with UN Conventions and Security Council Resolutions, general penalty, and revocation.
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Provisions of The Prevention of Terrrorism (General) Regulations, 2022
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Section 3
AI-assisted research summary: This provision is a heading for citation, application, and interpretation in Part II on sanctions designations and mechanisms.
3. Citation. Application. Interpretation. PART II SANCTIONS DESIGNATIONS AND MECHANISMS
Part
PART II
- 18 Verify source ↗
Section 18
AI-assisted research summary: This section is a contents-style list of topics about targeted financial sanctions, including designations, delisting, committee responsibilities, and related review and notification steps.
18. Security Council designations. Designation by Minister. Responsibility of Committee. Meetings of Committee. Secretariat. Criteria for domestic designations. Third party proposal for designation. Proposals for designation to other countries. Communicating designations and delisting. Keeping and updating sanctions list. Designated and delisted parties to be notified. Review and delisting of designations. Delisting requests for dead or defunct parties. Judicial review. Proposing to Security Council parties for designation. 1 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) PART III TARGETED FINANCIAL SANCTIONS - 4 Verify source ↗
(1) Designation of a party as suspected
AI-assisted research summary: Designated suspected international terrorists and related sanctions lists must be passed along and acted on without delay.
4.-(1) Designation of a party as suspected international terrorist for targeted financial sanctions made by the Security Council pursuant to any Security Council Resolutions shall have effect and shall be enforced without delay in the United Republic. (2) The designated party under subregulation (1) shall be subjected without delay to targeted financial sanctions as provided under regulations 19, 20, 25 and 26 until such time when the designation is revoked by the Security Council. (3) The Tanzanian Mission to the United Nations shall, without delay, submit to the Minister responsible for 7 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) foreign affairs, all designations made by the Security Council and any sanctions list or other similar list issued in connection therewith. (4) The Minister responsible for foreign affairs list under shall, upon receipt of a designation or subregulation (3), immediately without delay, submit such designation or sanctions list to the Minister. (5) The Minister shall, upon receipt of the designation or sanctions list under subregulation (4), submit it to the Secretariat of the Committee. (6) The Secretariat shall, upon receipt of the designation or sanctions list under subregulation (5), without delay, circulate the designation or sanctions list to- (a) competent authorities; (b) the national security organs specified in the the United Republic of Constitution of Tanzania; (c) any other person who has the responsibility to- (i) detect, freeze or seize the funds or the property of a designated entity under any written law; or (ii) take such action as may be necessary to give effect to Resolution 1267, 1373, 1718, 1988 or such other relevant United Nations Security Council Resolution. (7) Upon receipt of the designations or sanctions the list submitted it under subregulation (6)(a), competent authority responsible for supervisory shall- to (a) circulate the designations or sanctions list to the reporting institutions under its purview for their information and action; (b) where necessary, provide guidance the reporting institutions holding funds or other assets of a designated person, in relation to their obligations under these Regulations; and to (c) ensure that the reporting institutions comply with the requirements of these Regulations. Designation by Minister - 5 Verify source ↗
(1) The Minister may, upon the recommendation
AI-assisted research summary: The Minister may designate a party as a designated party if the Committee recommends it and the Minister is reasonably satisfied the designation criteria are met. Once designated, the party is subject to targeted financial sanctions until the Minister revokes the designation.
5.-(1) The Minister may, upon the recommendation 8 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) of the Committee and, after being satisfied on reasonable grounds that a party has met any of the designation criteria provided under regulation 9, declare such party a designated party. (2) Upon declaration under subregulation (1), the designated party shall be subjected, without delay, to targeted financial sanctions pursuant to regulations 19, 20, 25 and 26 until such time when the designation is revoked by the Minister. (3) A designation under this regulation shall not be conditional upon the existence of criminal proceedings and shall proceed exparte. Responsibiliti es of Committee - 6 Verify source ↗
(1) The Committee shall
AI-assisted research summary: The Committee must help manage designation and delisting of parties and targeted financial sanctions, and it may create subcommittees and co-opt people to assist.
6.-(1) The Committee shall- (a) recommend to the Minister on designation or delisting of parties; (b) initiate the process for designation or delisting of a party within the United Republic; (c) analyse received proposals for designation or delisting of parties; and (d) coordinate effective implementation of targeted financial sanctions; (e) set out or review mechanisms for identification promote of parties for designation and delisting; (f) analyse information received from any person, regarding funds or other assets that have been frozen pursuant these Regulations; the Act and to (g) monitor the United Nations Sanctions Lists; (h) collect or solicit relating information to designations or delisting of parties; (i) recommend the Minister on the information on targeted financial sanctions to be published; and (j) perform any other function as may be directed by the Minister. (2) The Committee may- (a) set up such subcommittees as it considers necessary to assist it in the discharge of its functions; 9 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) (b) co-opt, into any subcommittee, such other persons whose participation, knowledge or skills are necessary to assist it in the discharge of its functions. presence, (2) The Committee may, for the purpose of subregulation (1), consult and seek from any person or institution or public sector agency that is authorised to conduct investigations to investigate the matter as may be necessary, in order to determine whether on reasonable grounds, there is sufficient evidence to support the designation or delisting of a party. (3) Notwithstanding any other enactment, where at any time, any person or public sector institution becomes aware of any information relevant to the designated party, shall inform the Secretariat. - 7 Verify source ↗
(1) The Committee shall ordinarily meet at such
AI-assisted research summary: The Committee must meet as needed and at least twice a year, members present must choose a chair if the Chairperson is absent, and the Committee may co-opt help and set its own meeting procedures.
7.-(1) The Committee shall ordinarily meet at such times and places as it deems necessary for transaction of its business, but shall meet at least twice a year. (2) At any meeting of the Committee, majority number of members shall constitute a quorum. (3) Where the Chairperson is absent from a meeting of the Committee, the members present shall elect from among themselves any other member to chair the meeting. (4) The Committee may co-opt any person whose presence or participation is necessary to assist in the discharge of its responsibilities. (5) The Committee shall regulate its meetings and proceedings in such manner as it may determine. Meetings of Committee Secretariat - 8 Verify source ↗
The National Counter Terrorism Center shall be
AI-assisted research summary: The National Counter Terrorism Center must act as the Committee’s Secretariat and help the Committee carry out its functions.
8. The National Counter Terrorism Center shall be the Secretariat to the Committee and shall discharge such functions as may be necessary to assist the Committee in the performance of its functions. Criteria for Domestic Designations - 9 Verify source ↗
Section 9
AI-assisted research summary: The Committee considers listed criteria when recommending domestic designation for targeted financial sanctions to the Minister.
9. The following criteria are for domestic designation for targeted financial sanction to be considered by the Committee when making recommendation to the 10 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) Minister: (a) the party has committed or commits a terrorist act, financing of terrorism or financing of proliferation; (b) the party has participated in or facilitated, or participates in or facilitates, the commission of a terrorism or financing of proliferation; terrorist act, financing of (c) the party has been owned or controlled or is owned or controlled, directly or indirectly, by a designated party; (d) the party has acted or is acting on behalf, or at the direction, of a designated party; (e) the party has participated or participates in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of, a designated party; (f) the party has supplied, sold, transferred or supplies, sells or transfers arms or any related material to a designated party; (g) the party has recruited or recruits for, or otherwise supports acts or activities of a designated party; (h) the party has financed or finances the travel of an individual to a state, other than his state of residence or nationality, for the purpose of the perpetration, planning or preparation of, or participation in, terrorist acts, financing of terrorism or financing of proliferation or for the purposes of providing or receiving terrorist training; (i) the party has travelled or travels or intends to travel to a state, other than his state of residence or nationality, the perpetration, planning or preparation of, or participation in, terrorist acts, financing of terrorism or financing of proliferation or for the purposes of providing or receiving terrorist the purpose of for 11 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) training; (j) the party has provided or received or provides or receives terrorist training in the United Republic; (k) has been concerned or is concerned in the commission, preparation or instigation of an act of international terrorism; (l) the party has been a member of, or belonged to, a designated party; (m) the party is a member of, or belongs to, a designated party; (n) the party has been considered to be involved in a terrorist act by a foreign state or any organisation; (o) the party is subject to the control or influence of any party outside the United Republic and reasonably believed to be involved in the commission, preparation or instigation of an act of international terrorism; (p) the party had or has links with a designated party, and it is reasonably believed that the party is a risk to national security; (q) the party has committed or commits any offences under the Act; (r) the party is or has organised or directed others to commit any of the acts in paragraphs (a) to (m) above or is or has participated in any of those acts as an accomplice; or (s) the party has attempted any of the acts in paragraph (a) to (m). Third party proposal for designation - 10 Verify source ↗
(1) Any country which makes a request to the
AI-assisted research summary: A country making a request must send it through the Ministry responsible for foreign affairs, and the Ministry and Minister must pass it on promptly for committee review.
10.-(1) Any country which makes a request to the United Republic these Regulations shall submit such request to the United Republic through the Ministry responsible for foreign affairs. to designate a party under (2) The Ministry responsible for foreign affairs shall, upon receipt of a request under subregulation (1), immediately without delay, submit the request to the 12 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) Minister and the Minister shall, immediately without delay, submit the Committee for a determination as to whether there are reasonable grounds to designate the entity in accordance with regulations 5. the request to (3) A request under subregulation (1) shall be made in such form and manner as the Minister may determine and the request shall provide- (a) as much relevant information as possible on the party proposed to be designated, including sufficient identifying information to allow for the accurate and positive identification of the party; the basis (b) a statement containing as much details as possible on the proposed designation, including specific information to support a determination that the party meets the relevant designation criteria under regulation 9; and for (c) any other supporting information or documents. (4) Where the Committee determines that there are reasonable grounds to designate that entity, the Minister shall, without delay- (a) make an order designating the person or entity as the case may be; (b) make an order freezing the assets of the person of entity; (c) circulate the order in accordance with regulation 4(6). Proposals for designation to other countries - 11 Verify source ↗
(1) The Minister may request any other
AI-assisted research summary: The Minister may ask another country to designate a party under its laws or to carry out freezing-related actions, and must provide as much identifying information as possible when making the request.
11.-(1) The Minister may request any other country to designate under the laws of that country a party designated under regulation 5. (2) The Minister may request any other country to give effect to the actions initiated under the freezing mechanism and in doing so, he shall provide as much identifying information information supporting the designation as possible. specific and (3) The request made under subregulations (1) and the Ministry (2), shall be communicated through 13 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) responsible for foreign affairs. Communicati ng designations and delisting - 12 Verify source ↗
(1) The Minister shall, immediately without
AI-assisted research summary: The Minister must quickly publish and share notice when a designation, delisting, or freezing-order change is made. Reporting persons, competent authorities, and others must report relevant funds or assets to the Committee without delay, and failure to comply with subregulation (2) is an offence punishable by the general penalty.
12.-(1) The Minister shall, immediately without delay, after a designation, delisting or variation of a freezing order is made- (a) issue a public notice in such manner as he may determine, of such a designation or delisting for enforcement; and (b) disseminate information to reporting persons, competent authorities, or any other person for enforcement. (2) In complying with the notice issued under subregulation (1), reporting persons, competent authority or any other person shall report to the Committee without delay, regarding funds or other assets of the designated party. (3) Where a designation is made under regulations 4 and 5, regulations 19, 20, 25 and 26 shall be applied without delay. (4) Where a delisting is made, frozen funds or other assets shall be released without delay, and requirements of regulations 19, 20, 25 and 26 shall, without delay, cease to apply. (5) Any person who fails to comply with the provisions subregulation (2), commits an offence and shall be subjected to the general penalty provided under these Regulations. Keeping and updating sanctions list - 13 Verify source ↗
(1) The Committee shall keep and maintain an
AI-assisted research summary: The Committee must keep an updated list of designated parties and their funds or other assets, using whatever format it determines.
13.-(1) The Committee shall keep and maintain an updated list of designated parties and their funds or other assets in such a manner as it may determine. (2) Any changes made on the list shall be communicated in accordance with regulation 13(1). Designated and delisted parties to be notified - 14 Verify source ↗
(1) Where the Minister designates or delists a
AI-assisted research summary: If the Minister designates or delists a party, the party must be given a notice.
14.-(1) Where the Minister designates or delists a party under these Regulations, the designated or delisted party shall be issued with a notice. (2) The notice of designation shall contain- (a) the grounds for designation; 14 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) Cap. 47 Review and delisting of designations (b) the information relied upon in making the designation or delisting; (c) details of the designation and any prohibitions imposed by the targeted financial sanctions; (d) the right of the designated party to make an application for judicial review in accordance with these Regulations; and (e) any other information as the Minister may determine: Provided that, the information disclosed by the Minister shall comply with conditions stipulated under the National Security Act. (3) The notice provided under subregulation (1) shall be served to the designated or delisted party’s last known address of residence or business in the United Republic. - 15 Verify source ↗
(1) A party designated pursuant to a Security
AI-assisted research summary: Designated parties or other persons with a legitimate interest may ask for de-listing, and the Minister must review, decide, notify, and delist as required.
15.-(1) A party designated pursuant to a Security Council Resolution as provided in regulation 18 or any other person with a legitimate interest may submit a request for delisting in accordance with requirements of the relevant Security Council Committee. to subregulation (1), an entity designated pursuant to Resolution 1267/1989 (Al-Qaida) or Resolution 1988 may make a request for de-listing in accordance with subregulations (3), (4) and (5). (2) Subject (3) A request made by a designated party under Resolution- (a) 1267/1989 (Al-Qaeda) shall be submitted to the the the Ombudsperson Office of address specified under Part II of the Schedule or through such other address as may be specified by the Committee; or through (b) 1988, shall be submitted to the Focal Point for De-listing through the address specified under Part II of the Schedule or through such other address as may be specified by the Committee. (4) A request for de-listing under subregulation (1) may be made on behalf of the designated person by his or 15 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) her legal representative or estate. (5) The Office of the Ombudsperson or Focal Point for De-listing shall, upon receipt of a request under subregulation (3), determine the request in accordance with the applicable procedures set out under the relevant Security Council Resolutions. (6) A party designated under regulation 5 or any other person with a legitimate interest may submit an application for de-listing by filing a petition to the Minister who shall determine the request without delay. (7) An application made under subregulation (6) may be made based on the following grounds- (a) mistaken identity; (b) relevant and significant change of facts or circumstances including the inclusion of the applicant in a witness protection program; (c) the death dissolution or liquidation of a designated entity; or (d) any other circumstance which would show that the basis for designation no longer exists. (8) Where the Committee recommends that the name of a designated party appearing on a sanctions list be deleted, the Minister shall, within twenty-four hours of such recommendation being made, notify all relevant persons of such deletion directing them to delete that name from the list circulated to them. (9) A notification under subregulation (8) shall have the effect of revoking the freeze order and other sanctions imposed against the designated party whose name is deleted from the list. (10) The Minister shall, within a year after the designation is made and at least once every year, review each designation in order to determine whether it continues to meet the designation criteria. (11) Where the Minister determines that a designation no longer meets the designation criteria, he shall delist the designated party. (12) Upon the Minister delisting a designated party or upon receiving communication from the Security 16 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) Delisting requests for dead or defunct parties Council on delisting of a party, he shall communicate the delisting in accordance with regulation 12 and inform the designated party in accordance with regulation 14.
Part
PART III
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Section 24
AI-assisted research summary: This section lists topics about prohibitions on dealing with a designated party’s funds or other assets, making funds, assets, or services available, and related applications for variation, redress, and administration.
24. Prohibition of dealing in funds or other assets of designated party. Prohibition on making funds or other assets and services available to designated party. Application for variation of freezing order. Rights of bona fide third parties. Appointment of administrator of funds or other assets. Application for redress in cases of mistaken identity. PART IV ARMS EMBARGO AND TRAVEL BAN - 19 Verify source ↗
(1) A person shall not deal directly or
AI-assisted research summary: A person must not deal directly or indirectly with funds or other assets of a designated party, except in limited licensed, authorised, notified, or pre-existing payment situations.
19.-(1) A person shall not deal directly or indirectly with funds or other assets of a designated party including- (a) economic resources, or financial or other related services, wholly, jointly, or are for the benefit of designated persons and entities or entities owned or controlled, directly or indirectly, by designated persons or entities; and persons and entities acting on behalf of, or at the direction of, designated persons or entities, unless such designated person or entity is licensed, authorised or otherwise notified in accordance with the relevant United Nations Security Council Resolution; 18 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) (b) funds or other assets derived or generated from funds or other assets owned or controlled, directly or indirectly, by the designated party; and (c) funds or other assets that are wholly or partly owned by a person acting on behalf, or at the direction, of a designated party. (2) The prohibition under subsection (1) shall apply without delay and without prior notice. (3) The funds and assets in subregulation (1) shall not be limited to those that can be tied to a particular terrorist or proliferation act, plot or threat. referred to (4) Where a prohibition is in force, nothing shall prevent- (a) interests or other earnings due on those accounts or payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to freezing provided that any such interest, other earnings and payments continue to be subject to these provisions and are frozen provided that interest, earnings and payments any such continue to be subject to freezing; (b) making any payment due under a contract entered into prior to the listing of such person or entity, provided that the Minister, upon recommendation of the Committee, has determined that- (i) (ii) technologies, financial the contract is not related to any of the prohibited items, materials, equipment, assistance, goods, training, assistance, services investment, brokering or referred to in UNSCR 2231 and any future successor resolutions; the payment is not directly or indirectly received by a person or entity subject to the measures in paragraph 6 of Annex B 19 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) (iii) to to UNSCR 2231; and the United Republic of Tanzania has submitted prior notification the Security Council of the intention to make or receive such payments or to authorise, where the unfreezing of funds, other financial assets or economic resources for this purpose, ten working days prior to such authorisation. appropriate, (5) Any person who contravenes any provision of this regulation commits an offence and shall be subject to administrative penalty as the FIU or regulator may deem proportionate and dissuasive; or to a criminal action and on conviction, be liable- (a) in the case of a natural person, to a fine of not less than five hundred thousand shillings but not exceeding five million shillings or to imprisonment for a term of twelve months; (b) in the case of legal person or legal arrangement, to a fine of not less than five million shillings but not exceeding ten million shillings. Prohibition on making funds or other assets and services available to designated party - 20 Verify source ↗
(1) A person shall not make available, any
AI-assisted research summary: A person must not provide funds, assets, or related financial services to designated parties or related persons unless authorised by the Minister or Security Council. The Minister must also direct freezing and prompt reporting, and breaches are offences punishable under section 27A.
20.-(1) A person shall not make available, any funds or other assets or financial or other related services directly or indirectly, wholly or in part, to or for the benefit of- (a) a designated party; (b) a party acting on behalf, or at the direction, of a designated party; or (c) an entity owned or controlled, directly or indirectly, by a designated party, unless authorised by the Minister or by the Security Council. (2) The Minister shall order, reporting persons and any other person in possession of funds or other assets of the designated party or any person acting on behalf of, or at the direction of, or for the benefit of, or controlled by a designated party, to freeze without prior notice and without 20 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) delay, such funds or other assets. (3) Funds and other assets referred to in this regulation shall include- (a) all funds or other assets that are owned or controlled by the designated person or entity, and which are not limited to those that can be tied to a particular terrorist or proliferation act, plot or threat; (b) those funds or other assets that are wholly or jointly owned or controlled, directly or indirectly, by designated persons or entities; (c) the funds or other assets derived or generated from funds or other assets owned or controlled directly or indirectly by designated persons or entities; and (d) funds or other assets of persons and entities acting on behalf of, or at the direction of, designated persons or entities. Upon freezing under subregulation (2), reporting persons and any other person shall inform the Minister without delay the freezing of the funds or other assets. (4) (5) Any person who contravenes any provision of this regulation commits an offence and shall be subjected to the penalties prescribed under section 27A of the Act. (6) Competent authorities shall be responsible for the implementation and enforcement of targeted financial sanctions. - 21 Verify source ↗
(1) A party designated by the Minister under
AI-assisted research summary: Certain designated parties may ask the Minister or the Security Council to vary a freezing order so they can use funds or other assets needed for ordinary or extraordinary expenses.
21.-(1) A party designated by the Minister under these Regulations may file a petition to the Minister for variation of the freezing order in order to use funds or other assets, or any part thereof, necessary for ordinary or extraordinary expenses. (2) A party designated by the Security Council may apply to the Security Council for variation of the freezing order in order to use funds or other assets, or any part thereof, necessary for ordinary or extraordinary expenses in accordance with the procedures of Security 21 Application for variation of freezing order Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) Council. Rights of bona fide third parties - 4 Verify source ↗
Section 4
AI-assisted research summary: This excerpt lists several conventions related to terrorism and civil aviation.
4. Convention for the Suppression of the Financing of Terrorism; Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on 16 December 1970 (The Hague Convention 1970); Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971); Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973); 26 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) - 9 Verify source ↗
Section 9
AI-assisted research summary: This section lists several international conventions and protocols by title and year.
9. International Convention against the Taking of Hostages (1979); Convention on the Physical Protection of Nuclear Material (1980); Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1988); Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (2005); Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf (2005); International Convention for the Suppression of Terrorist Bombings (1997); International Convention for the Suppression of the Financing of Terrorism (1999); - 12 Verify source ↗
Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed
AI-assisted research summary: This section names the Convention on the Marking of Plastic Explosives for the Purpose of Detection as a signed instrument.
12. Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed - 21 Verify source ↗
Section 21
AI-assisted research summary: This section lists several conventions, protocols, amendments, and United Nations Security Council resolutions.
21. at Montreal on 1 March 1991; International Convention for the Suppression of Acts of Nuclear Terrorism, signed in New York on 14 September 2005; 1963 Convention on Offences and Certain Other Acts Committed On Board Aircraft; 2010 Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation 2010 Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft; 2014 Protocol to Amend the Convention on Offences and Certain Acts Committed on Board Aircraft; 2005 Amendments to the Convention on the Physical Protection of Nuclear Material; 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation; 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation; 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf; UNITED NATIONS SECURITY COUNCIL RESOLUTIONS - 8 Verify source ↗
Section 8
AI-assisted research summary: This section lists several United Nations Security Council resolutions and says it includes any listing under this resolution.
8. United Nations Security Council Resolution 1267 (1999); United Nations Security Council Resolution 1373 (2001); United Nations Security Council Resolution 1718 (2006); United Nations Security Council Resolution 1874 (2009); United Nations Security Council Resolution 1989 (2011); United Nations Security Council Resolution 2087 (2013); United Nations Security Council Resolution 2094 (2013); United Nations Security Council Resolution 2231 (2015) and includes any listing under this resolution; - 9 Verify source ↗
Section 9
AI-assisted research summary: This provision cites United Nations Security Council Resolution 2270 (2016).
9. United Nations Security Council Resolution 2270 (2016); - 10 Verify source ↗
United Nations Security Council Resolution 2321 (2016)
AI-assisted research summary: This section is a citation to United Nations Security Council Resolution 2321 (2016).
10. United Nations Security Council Resolution 2321 (2016); - 11 Verify source ↗
United Nations Security Council Resolution 2356 (2017)
AI-assisted research summary: This provision cites UN Security Council Resolution 2356 (2017) and related successor or future UN resolutions that impose targeted financial sanctions linked to terrorism, terrorist financing, or proliferation.
11. United Nations Security Council Resolution 2356 (2017); 27 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) and Successor resolutions to all the above resolutions, if any and any future United Nations Security Council resolutions under Chapter VII of the Charter of the United Nations, which impose targeted financial sanctions in the context of terrorism, terrorist financing, proliferation or the financing of proliferation of weapons of mass destruction. - 12 Verify source ↗
United Nations Security Council Resolution 751 (1992)
AI-assisted research summary: This section cites United Nations Security Council Resolution 751 (1992).
12. United Nations Security Council Resolution 751 (1992); - 13 Verify source ↗
United Nations Security Council Resolution 1518 (2003)
AI-assisted research summary: This section cites United Nations Security Council Resolution 1518 (2003).
13. United Nations Security Council Resolution 1518 (2003); - 14 Verify source ↗
United Nations Security Council Resolution 1533 (2004)
AI-assisted research summary: This section cites United Nations Security Council Resolution 1533 (2004).
14. United Nations Security Council Resolution 1533 (2004); - 15 Verify source ↗
United Nations Security Council Resolution 1540 (2004)
AI-assisted research summary: This section cites United Nations Security Council Resolution 1540 (2004).
15. United Nations Security Council Resolution 1540 (2004); - 16 Verify source ↗
United Nations Security Council Resolution 1591 (2005)
AI-assisted research summary: This section cites United Nations Security Council Resolution 1591 (2005).
16. United Nations Security Council Resolution 1591 (2005); - 17 Verify source ↗
United Nations Security Council Resolution 1636 (2005)
AI-assisted research summary: This section cites United Nations Security Council Resolution 1636 (2005).
17. United Nations Security Council Resolution 1636 (2005); - 18 Verify source ↗
United Nations Security Council Resolution 1970 (2011)
AI-assisted research summary: This section cites United Nations Security Council Resolution 1970 (2011).
18. United Nations Security Council Resolution 1970 (2011); - 19 Verify source ↗
United Nations Security Council Resolution 1988 (2011)
AI-assisted research summary: This provision lists United Nations Security Council Resolution 1988 (2011).
19. United Nations Security Council Resolution 1988 (2011); - 20 Verify source ↗
United Nations Security Council Resolution 2048 (2012)
AI-assisted research summary: This section cites United Nations Security Council Resolution 2048 (2012).
20. United Nations Security Council Resolution 2048 (2012); - 21 Verify source ↗
United Nations Security Council Resolution 2127 (2013)
AI-assisted research summary: This provision cites United Nations Security Council Resolution 2127 (2013).
21. United Nations Security Council Resolution 2127 (2013); - 22 Verify source ↗
United Nations Security Council Resolution 2140 (2014)
AI-assisted research summary: This section cites United Nations Security Council Resolution 2140 (2014).
22. United Nations Security Council Resolution 2140 (2014); - 23 Verify source ↗
United Nations Security Council Resolution 2206 2015); and
AI-assisted research summary: This section cites United Nations Security Council Resolution 2206 (2015).
23. United Nations Security Council Resolution 2206 2015); and - 24 Verify source ↗
United Nations Security Council Resolution 2374 2017
AI-assisted research summary: 24. United Nations Security Council Resolution 2374 2017. Dodoma, 29th Aril, 2022 HAMAD Y. MASAUNI The Minister of Home Affairs 28
24. United Nations Security Council Resolution 2374 2017. Dodoma, 29th Aril, 2022 HAMAD Y. MASAUNI The Minister of Home Affairs 28
Part
PART IV
- 26 Verify source ↗
Section 26
AI-assisted research summary: This section states that arms embargoes and travel bans may be imposed on designated parties and designated persons.
26. Imposition of arms embargo on designated parties. Imposition of travel ban on designated persons. PART V MISCELLANEOUS PROVISIONS - 25 Verify source ↗
Any person who supplies, sells or transfers,
AI-assisted research summary: Any person must not supply, sell, or transfer certain military-related goods or services to a designated party.
25. Any person who supplies, sells or transfers, directly or indirectly, to a designated party, arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned as well as technical advice, assistance, or training related to military activities, whether this conduct is carried out from United Republic or by United Republic nationals living abroad or by anyone using flag vessels or aircraft from United Republic, commits an offence. - 26 Verify source ↗
(1) A designated party other than a designated
AI-assisted research summary: Certain designated parties may not enter or transit through the United Republic, but the Minister may allow entry or transit for a Security Council–designated party if there are reasonable grounds.
26.-(1) A designated party other than a designated party who is a citizen of United Republic or resident of United Republic, shall not be allowed entry into, or transit through, United Republic. (2) Notwithstanding subregulation (1), where there are reasonable grounds to allow a party designated by the Security Council entry into or transit through United Republic, the Minister may allow that party entry into, or transit through, United Republic. (3) Any person who contravenes any provisions of this regulation commits an offence. PART V MISCELLANEOUS PROVISIONS Powers to collect or solicit information Immunity
Part
PART V
- 32 Verify source ↗
Section 32
AI-assisted research summary: This section is titled to cover powers to collect or solicit information, immunity, confidentiality, compliance with UN Conventions and Security Council Resolutions, general penalty, and revocation.
32. Powers to collect or solicit information. Immunity. Confidentiality. Compliance with UN Conventions and Security Council Resolutions. General penalty. Revocation. 2 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) __________ SCHEDULE __________ THE PREVENTION OF TERRORISM ACT (CAP. 19) ____________ REGULATIONS _____________ (Made under sections 12(5), 12A (2) and 48(2)) _____________ THE PREVENTION OF TERRORISM (GENERAL) REGULATIONS, 2022 PART I PRELIMINARY PROVISIONS Citation - 27 Verify source ↗
The Committee or an institution that is
AI-assisted research summary: The Committee or an assigned institution must be given all required information, including confidential information, so it can carry out its task.
27. The Committee or an institution that is assigned to investigate a possible designation, delisting or to perform any other task pursuant to these Regulations, shall be furnished with all the required information including confidential information in order to accomplish that task. - 28 Verify source ↗
The Minister, a member of the Committee, an
AI-assisted research summary: Several listed people are protected from criminal, civil, or administrative liability for acts or omissions done in good faith while carrying out their functions or powers under the Regulations.
28. The Minister, a member of the Committee, an officer of the Secretariat, a member of any subcommittee or any other person shall not incur any criminal, civil or administrative liability in respect of any act done or omitted to be done in good faith in the discharge of their functions or exercise of its or his powers under these 24 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) Regulations. Confidentialit y Compliance with United Nations Conventions and Security Council Resolutions General penalty - 29 Verify source ↗
(1) Subject to Regulation 27, a person shall not
AI-assisted research summary: A person must not tell anyone else about information learned while carrying out functions under these Regulations, unless doing so to administer the Regulations or as required by law.
29.-(1) Subject to Regulation 27, a person shall not communicate to any other person any matter which comes to his knowledge in the discharge of his functions under these Regulations, except for the purpose of administering these Regulations or where he is required to do so by law. (2) Any person who contravenes provisions of this regulation commits an offence. - 30 Verify source ↗
Section 30
AI-assisted research summary: These Regulations are meant to operate alongside the listed anti-terrorism financing conventions and resolutions, not replace or reduce them.
30. the Act and The provisions of these Regulations shall be in addition to, and not in derogation from, the Convention for the Suppression of the Financing of Terrorism or any international convention or protocol or the Resolutions and successor Resolutions specified in Part III of the Schedule to these Regulations. - 31 Verify source ↗
Any person who contravenes these Regulations
AI-assisted research summary: A person who breaks these Regulations, when no specific penalty is stated, may face fines or imprisonment; company officers may also be treated as having committed the offence.
31. Any person who contravenes these Regulations where no specific penalty is provided, that person shall, on conviction in the case of- (a) an individual person, be liable to a fine not exceeding five hundred million shillings but not less than one hundred million shillings or be ordered to pay three times the amount of money involved or market value of the property, whichever amount is greater or to a term of imprisonment not exceeding five years; (b) a body corporate, be liable to a fine of not less than five hundred million shillings or be ordered to pay three times of the amount of money the property, whichever amount is greater. involved or market value of (2) For the purposes of subsection (1)(b), every director, manager or principal officer and member of the board of directors of the company shall be deemed to have committed the offence. Revocation GN. No. 7 of 2014 - 32 Verify source ↗
Section 32
AI-assisted research summary: This section revokes the Prevention of Terrorism (General) Regulations, 2014.
32. The Prevention of Terrorism (General) Regulations, 2014 is hereby revoked. 25 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) __________ SCHEDULE __________ (Made under regulations 15 and 30) PART I LIST OF INTERNATIONAL TERRORISTS, TERRORIST GROUPS AND PROSCRIBED ORGANIZATIONS The following organizations are declared as Suspected International Terrorist Groups; (a) AL-SHABAAB AL ISLAMIYA (b) AL-QAEDA PART II ADDRESSES FOR DE-LISTING REQUESTS Office of the Ombudsperson Room TB-0804ID United Nations New York, NY 10017 United States of America Tel: +1 212 963 2671 Fax: +1 212 963 1300/3778 E-mail: ombudsperson@un.org Focal Point for De-listing Security Council Subsidiary Organs Branch Room TB-08041 B United Nations New York, N.Y. 10017 United States of America Tel. +1 917 367 9448 Fax. +1 212 963 1300/3778 Email: delisting@un.org PART III APPLICABLE CONVENTIONS, PROTOCOLS AND UN SECURITY COUNCIL’S RESOLUTIONS
Part
PART I
- 1 Verify source ↗
Section 1
AI-assisted research summary: This section states the short title of the regulations and begins the application heading.
1. These Regulations may be cited as the Prevention of Terrorism (General) Regulations, 2022. Application - 2 Verify source ↗
These Regulations shall apply to Mainland
AI-assisted research summary: These Regulations apply to Mainland Tanzania and Tanzania Zanzibar.
2. These Regulations shall apply to Mainland Tanzania as well as Tanzania Zanzibar. Interpretation - 3 Verify source ↗
In these Regulations, unless the context requires
AI-assisted research summary: This section defines key terms used in the regulations, including “Act,” “designated party,” “freeze,” and “without delay.”
3. In these Regulations, unless the context requires Cap. 19 Cap. 423 and Act No. 10 of 2009 otherwise- “Act” means the Prevention of Terrorism Act; “Acts” means the Anti-Money Laundering Act of the laws of Tanzania and the Anti-Money Laundering and the Proceeds of Crime Act of the laws of Zanzibar; “Committee” means a Permanent Committee established under regulation 12 of the National Security Council Regulations, 2013; “Committee Secretariat” means a Secretariat appointed under regulation 8; “competent authority” has the meaning ascribed to it under the Acts; “Court” has the meaning ascribed to it under the Act; “deal” includes administering, using, selling, buying, 3 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) acquiring, supplying, converting, disposing of, move or withdraw; “delisting” means the identification and declaration of a designated party as being no longer subject to targeted financial sanctions; transferring, leasing, “delisted party” means cease to be a designated party after declaration by the Minister or by the Security Council; “designation” means the identification and declaration of a party as provided under these Regulations to be subject to targeted financial sanctions; “designation criteria” means conditions to be met as provided in regulation 9 or conditions set by the Security Council or a Security Council Resolution in order for a party to be designated; “designated party” means a party that is declared by the Minister or by the Security Council to be subjected to targeted financial sanctions; “economic resources” includes assets of every kind, whether movable, immovable, tangible, intangible, actual or potential, which potentially may be used to obtain funds, goods or services, such as- (a) land, buildings and other real estate; (b) equipment, including computers, computer software, tools, and machinery; (c) furniture, fittings and fixtures and other items of a fixed nature; (d) vessels, aircrafts and motor vehicles; (e) inventories of goods; (f) works of art, precious stones, jewellery and gold; (g) commodities, timber; including oil, minerals and (h) arms and related materials; (i) patents, trademarks, copyrights, trade names, franchises, goodwill and other forms of intellectual property; (j) internet hosting and other related services used for the support of designated parties; 4 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) (k) direct and indirect trade in oil and refined products, modular related material, including chemicals and lubricants and other natural resources; refineries and (l) any other assets, whether tangible, intangible, actual or potential; “entity” means a legal person or a legal arrangement; “extraordinary expenses” means expenses other than ordinary expenses; “Financial Intelligence Unit” has the meaning ascribed to it under Acts; “financing of proliferation” has the meaning ascribed to it under the Acts; “financing of terrorism” has the meaning ascribed to it under the Acts; “freeze” means prohibition of transfer, conversion, disposition or movement of any funds or other assets that are owned or controlled by a designated party on the basis of, and for the duration of the validity of the designation. “freezing order” means prohibitions provided under regulations 19 and 20; “funds” has the meaning ascribed to it under the Act; “legal arrangement” has the meaning ascribed to it under the Acts; “Minister” means the Minister responsible for home affairs; “National Counter Terrorism Centre” means the National Counter Terrorism Centre within the Ministry of Home Affairs known by the acronym “NCTC”; “ordinary expenses” includes funds and other financial assets or economic resources which are- (a) basic expenses necessary for payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and public utility charges; (b) intended exclusively the payment of reasonable professional fees and reimbursement the incurred expenses associated with of for 5 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) provision of legal services or fees; or “other assets” (c) intended exclusively for the payment of service charges routine holding or for maintenance of the funds or other assets of a designated party; includes financial assets, economic resources, oil and other natural resources, property of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, and any interest, dividends or other income on or value accruing from or generated by such assets and any other assets which potentially may be used to obtain funds, goods or services; “party” means an individual, a group, an undertaking or an entity; “proliferation” includes the manufacture, acquisition, possession, development, export, transshipment, brokering, transport, transfer, stockpiling, supply, sale or use of nuclear, ballistic, chemical, radiological or biological weapons or any other weapon capable of causing mass destruction and their means, of delivery and related materials (including both technologies and dual-use goods used including technology, goods, software, services or expertise, in contraventions of the Act, these Regulations and applicable Security Council Resolutions; for non-legitimate purposes), “proliferation financing” has the meaning ascribed to it under the Acts; “reporting person” has the meaning ascribed to it under the Acts; “regulator” has the meaning ascribed to it under the Acts; “Security Council” means the United Nations Security Council or any of its committees acting under Chapter VII of the United Nations Charter; “Security Council Resolution” means a Security Council Resolution made under Chapter VII of the United Nations Charter; 6 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) “targeted financial sanctions” means prohibitions under Part IV and Part V to these Regulations; “terrorist act” has the meaning ascribed to it under the Act; “United Nations Sanctions Committee” means a subsidiary organ established by the United Nations Security Council; “United Nations Sanctions List” includes- (a) a list established by or under the authority of the Security Council comprising the names of designated parties which are subject to United Nations sanctions; and (b) the list established pursuant to the Security their successor Council Resolutions and resolutions; “without delay” means within a matter of hours after designation or within such a time to prevent flight or dissipation of funds or other assets of the designated party or within such time before the designated party or any other relevant or concerned person becomes aware of the designation or within such time to allow concerted action to swiftly interdict and disrupt their flow. PART II SANCTIONS DESIGNATIONS AND MECHANISM Security Council Designations
Part
Part II of the Schedule or through such other
- 16 Verify source ↗
(1) Where a designated party is a citizen of
AI-assisted research summary: The Minister must ask for a party’s delisting through the United Republic Mission to the United Nations when the party meets the stated citizenship, registration, and death/defunct conditions.
16.-(1) Where a designated party is a citizen of United Republic or resident of United Republic or is incorporated or registered in United Republic and is confirmed to be dead or defunct, as the case may be, the Minister shall, through the United Republic Mission to the United Nations, submit a request for the delisting of that party. (2) When submitting a request for delisting to the relevant United Nations, the Minister shall follow such procedures as prescribed by Security Council. Judicial review - 17 Verify source ↗
A party designated by the Minister may apply
AI-assisted research summary: A party designated by the Minister may apply to the Court for judicial review of that designation.
17. A party designated by the Minister may apply for a judicial review of the designation to the Court. Proposing to Security Council parties for designation - 18 Verify source ↗
(1)
AI-assisted research summary: The Minister may ask the relevant UN Security Council committee to designate a party, if recommended by the Committee, and must use the committee’s procedures and provide supporting information.
18.-(1) the The Minister may, recommendation of the Committee, request the relevant Committee of the United Nations Security Council to designate a party pursuant to any Security Council Resolution. upon (2) In submitting details of the designated party to the relevant Committee of the United Nations Security Council for listing pursuant to subregulation (1), the Minister shall- (a) follow procedures provided by the relevant committee, including using standard forms for listing, as may be adopted pursuant to the Security Council; (b) provide relevant information on the proposed party including - (i) sufficient identifying information of the party and including the following: (aa) (bb) the name and any alias or title of the party; the place and date of birth, establishment or incorporation; 17 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) the original or acquired nationality; (cc) (dd) passport numbers, identity card (ee) (ff) (gg) (hh) (ii) numbers or registration number; gender; physical and postal addresses; occupation; telephone number; and any other information which the Committee may consider relevant. supporting information (ii) a statement of facts which contains details on the basis for the listing, including a specific determination that the party meets the relevant listing criteria, the nature of the information, supporting information or documents that can be provided, and details of any connection between the proposed party currently and designated party; and any Prohibition of dealing in funds or other assets of designated party (iii) such other relevant information as may be required by the Security Council. PART III TARGETED FINANCIAL SANCTIONS
Part
part thereof, necessary for ordinary or extraordinary
- 22 Verify source ↗
(1) Any freezing order granted under these
AI-assisted research summary: Freezing orders must not prejudice bona fide third-party rights, and affected persons may ask the Court to exclude their interests.
22.-(1) Any freezing order granted under these Regulations shall apply without prejudice to the rights of bona fide third parties. (2) Any person who has an interest in any funds or other assets which is subject to a freezing order granted under these Regulations may apply to the Court to exclude his interests from the freezing order. (3) The Court shall grant an application made under subregulation (2) where it is satisfied that- (a) the applicant has a legitimate legal interest in the funds or other assets; (b) no participation, collusion or involvement with respect to a terrorist act or financing of terrorism or financing of proliferation which is the subject of the proceedings can be imputed to the applicant; (c) the applicant was unaware and was ignorant of the illegal use of the funds or other assets or had refused the funds or other assets to be used for the purposes that led to the freezing order; (d) the applicant did not acquire any right in the funds or other assets from a designated party that gives rise to a reasonable inference that the the purpose of right was avoiding the eventual subsequent freezing of the funds or other assets; and transferred for (e) the applicant did all that could reasonably be expected to prevent the illegal use of the funds or other assets. (4) The Minister on receipt of an order from the Court varying a freezing order, shall communicate the order without delay and any party involved shall comply without delay pursuant to regulation 13. (5) For the purpose of this regulation, the Court shall, where required, examine, in camera, and in the absence of the designated party, any security or intelligence reports or other information or evidence 22 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) Appointment of administrator of funds or other assets Application for redress in cases of mistaken identity considered by the Minister and these reports, information or evidence shall not, for security reasons, be disclosed to any other person, including the designated party or their legal representatives. - 23 Verify source ↗
(1) Where, pursuant to regulation 19 or 20
AI-assisted research summary: The Minister may appoint an administrator to manage restricted funds or other assets, and the administrator must manage them in good faith and with reasonable care.
23.-(1) Where, pursuant to regulation 19 or 20 there is prohibition to use funds or other assets of a designated party and the Minister is satisfied that any of the funds or other assets need to be managed, the Minister may appoint an administrator to manage those funds or other assets. (2) The Minister may determine the remuneration of the administrator which shall be paid from funds or other assets of the designated party or from any other source. (3) Subject to subregulation (1), an administrator shall manage the funds or other assets in good faith and exercise due care, diligence and skills that a reasonable person would exercise in comparable circumstances. - 24 Verify source ↗
(1) Any party that is designated pursuant to a
AI-assisted research summary: People designated under the regulations may seek redress if they say they were wrongly identified, and the Minister may revoke a designation if satisfied with the application.
24.-(1) Any party that is designated pursuant to a Security Council Resolution pursuant to regulation 18 but believes to be falsely identified may apply for redress to the Security Council in accordance with the procedures of the Security Council. (2) Any party designated by the Minister under these Regulations, but believes to be mistakenly identified may apply for redress to the Minister. (3) The Minister may, upon the advice of the Committee and being satisfied with the grounds of the application under this regulation, consider the application and revoke the designation. (4) Upon the Minister revoking the designation, he shall delist the designated party and communicate the decision accordingly. PART IV ARMS EMBARGO AND TRAVEL BAN 23 Prevention of Terrorism (General) Regulations GN. NO. 379 (Contd) Imposition of arms embargo on designated parties Imposition of travel ban on designated persons
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The Prevention of Terrrorism (General) Regulations, 2022
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