The Exports Control Act
This section gives the Act its short title: the Export Control Act.
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About this statute
This section gives the Act its short title: the Export Control Act. This provision defines key terms used in the Act, including Controller, export, export-controlled goods, export licence, goods, and open general licence. The President may appoint an Exports Controller, and the Exports Controller may appoint Assistant Exports Controllers. The Controller may also delegate powers, duties, and functions to an Assistant Exports Controller, subject to conditions and revocation. The President may declare goods to be export-controlled goods, and exporting those goods without the required Controller licence is an offence unless an open general licence applies. The Controller may authorise exports of export-controlled goods by issuing an open general licence.
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Provisions of The Exports Control Act
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- 1 Verify source ↗
Short title
This section gives the Act its short title: the Export Control Act.
1.–(1) This Act may be cited as the Export Control Act. (2) [Omitted.] - 2 Verify source ↗
3. Appointment of Exports Controller and Assistant Controllers
This provision defines key terms used in the Act, including Controller, export, export-controlled goods, export licence, goods, and open general licence.
2. In this Act, unless the context otherwise requires- “Controller” means the person appointed by the President to be the Exports Controller under section 3 and includes his duly authorised representative; “export” with its grammatical variations and cognate expressions, means the conveyance of goods from any place within Tanzania to any place outside Tanzania; “export-controlled goods” means goods declared to be export-controlled goods under section 4(1); “export licence” means an export licence issued or deemed to have been issued under section 7; “goods” includes all kinds of movable or personal property, including animals; “open general licence” means an open general licence issued under section 5. Appointment of Exports Controller and Assistant Controllers C.A. Act No. 2 of 1962 s. 8(b) - 3 Verify source ↗
Appointment of Exports Controller and Assistant Controllers
The President may appoint an Exports Controller, and the Exports Controller may appoint Assistant Exports Controllers. The Controller may also delegate powers, duties, and functions to an Assistant Exports Controller, subject to conditions and revocation.
3.–(1) The President may appoint an Exports Controller and the Exports Controller may appoint Assistant Exports Controllers for purposes of this Act. (2) The Controller may delegate to any Assistant Exports Controller all or any of his powers, duties and functions under this Act either generally or in any particular area of the United 418 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE EXPORTS CONTROL ACT [CAP. 381 R.E. 2023] Prohibition of export-controlled goods except under licence C.A. Act No. 2 of 1962 s. 8(b) Open general licence Republic or during such times or for such purposes as the Controller may direct, and may at any time revoke or vary such delegation: Provided that, such delegation shall not be deemed to divest the Controller of all or any of such powers, duties or functions, and he may continue to exercise such powers, duties or functions, notwithstanding such delegation. - 4 Verify source ↗
Prohibition of export-controlled goods except under licence
The President may declare goods to be export-controlled goods, and exporting those goods without the required Controller licence is an offence unless an open general licence applies.
4.–(1) The President may, by order published in the Gazette, declare any goods to be export-controlled goods for purposes of this Act. (2) Subject to the provisions of this Act, it shall be an offence for any person to export any export-controlled goods, or to do any act with intent that any export-controlled goods shall be exported, unless he is in possession of a licence issued or deemed to have been issued by the Controller under the provisions of section 7 authorising the exportation of such goods: Provided that, the provisions of this section shall not apply if the exportation of such export-controlled goods has been authorised by an open general licence issued by the Controller under the provisions of section 5. - 5 Verify source ↗
Open general licence
The Controller may authorise exports of export-controlled goods by issuing an open general licence.
5. The Controller may authorise the exportation of any class of export-controlled goods by the issue of an open general licence which shall be published in the Gazette and have effect from the date of such publication and the open general licence shall be subject to such conditions, if any, as the Controller may in his discretion impose, and, without prejudice to the generality of the foregoing, the Controller may impose all or any of the conditions following, namely, that any goods thereby authorised to be exported: (a) shall be consigned to a destination specified in the open general licence; (b) shall not exceed in the case of each separate consignment or parcel a quantity or value specified in the open general licence; or 419 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE EXPORTS CONTROL ACT [CAP. 381 R.E. 2023] (c) shall be exported through a port or by a means of a conveyance specified in the open general licence. Application for export licence - 6 Verify source ↗
Application for export licence
An export licence application must be made in the required form and include the particulars the Controller directs.
6. An application for an export licence shall be made in form and contain particulars as the Controller may direct. Issue of export licence GN. No. 313 of 1950; Ord. No. 11 of 1951 s. 2 Special provision regarding issue of export licence - 7 Verify source ↗
8. Special provision regarding issue of export licence
The Controller may, in his discretion and subject to sections 8 and 11, refuse or issue an export licence.
7.–(1) Subject to the provisions of sections 8 and 11, the Controller on receipt of an application for the issue of an export licence may in his discretion- (a) refuse to issue an export licence; or (b) issue an export licence for the period and subject to conditions, if any, as may be specified by the Controller in the export licence and the Controller may impose all or any of the conditions following, namely, that any goods thereby authorised be exported: (i) shall not exceed the value specified in the export licence; (ii) shall be consigned to a destination specified in the export licence; and (iii) shall be dealt with in such manner as to ensure compliance with any provision of the law for the time being in force relating to exchange control. (2) [Omitted.] - 8 Verify source ↗
Special provision regarding issue of export licence
The Controller must not refuse an export licence for export-controlled goods in the stated case, and the licence must be issued within two months of the declaration date.
8. Subject to the provisions of section 17, when any goods are declared to be export-controlled goods under the provisions of section 4(1) of this Act, the Controller shall not refuse to issue an export licence authorising the exportation of such goods within two months of the date of the declaration under section 4(1) which relates to such goods in any case where the prospective exporter of such goods produces proof to the satisfaction of the Controller that such goods were in his possession at the time of the declaration and that he had at that time entered into a contract for the sale of the goods under the terms of which he was required to export those goods to a destination outside of Tanzania. 420 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE EXPORTS CONTROL ACT [CAP. 381 R.E. 2023] Validity of licence Ord. No. 11 of 1951 s. 3 Extension of licence in particular cases Cancellation of licence - 9 Verify source ↗
Validity of licence
An export licence or open general licence is valid only for the period the Controller specifies, and it becomes void after that period ends.
9. Subject to the provisions of section 17, an export licence or an open general licence shall be valid for such period as the Controller may specify in such licence, and after the expiry of such period shall be null and void: Provided that, on application made within the period for which an export licence is valid the Controller may extend such period by endorsement of the export licence. - 10 Verify source ↗
Extension of licence in particular cases
The Controller must not refuse to extend an export licence for up to two months if the holder proves certain facts before the licence expires.
10. Subject to the provisions of section 17, the Controller shall not refuse to extend the validity of an export licence under the provisions of section 9 for a period not exceeding two months if the holder of the licence produces proof to the satisfaction of the Controller before the date on which the licence would otherwise expire that the export-controlled goods to which the licence relates are in his possession and that he has entered into a contract for their sale under the terms of which he is required to export such goods to a destination outside Tanzania. - 11 Verify source ↗
Cancellation of licence
The Controller may cancel open general licences or export licences, and must cancel a licence if an offence under the Act was committed in relation to the licence or its obtaining.
11. The Controller may, at any time, cancel any open general licence or any export licence, and shall cancel any such licence in respect of which or the obtaining of which an offence against this Act has been committed: Provided that, subject to the provisions of section 17, the Controller shall not refuse to issue a new export licence authorising the exportation within two months of any export- controlled goods, the exportation of which had been authorised by an export licence or open general licence so cancelled for any reason other than an offence against this Act, in any case where the prospective exporter of such goods applies for a new licence within one month of the cancellation of such export licence or open general licence and produces proof to the satisfaction of the Controller that the goods were in his possession at the time of the cancellation of the export licence or open general licence, and that he had at the time entered into a contract for the sale of such goods under the terms of which he was required to export such goods to a destination outside Tanzania. 421 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE EXPORTS CONTROL ACT [CAP. 381 R.E. 2023] Production of export licence - 12 Verify source ↗
Production of export licence
A valid export licence must be produced with the customs export entry when exporting the covered goods, unless an open general licence applies or the goods may be exported without a licence.
12.–(1) A valid export licence shall be produced with the customs export entry at the time and place of the exportation of the export-controlled goods to which such licence relates: Provided that, the provisions of this section shall not apply it the exportation of the export-controlled goods has been authorised by an open general licence, or in the case of any export-controlled goods permitted to be exported without an export licence. (2) The Commissioner of Customs or any officer acting on his behalf may refuse to permit the exportation of any export-controlled goods in relation to which production of an export licence is required by this section unless such licence is produced along with the customs export entry for such goods and no liability at law shall not attach to the Commissioner or any customs officer by reason of any such refusal. Offence not to comply with conditions of licence - 13 Verify source ↗
Offence not to comply with conditions of licence
A person commits an offence if they break conditions attached to an export licence or open general licence for exporting export-controlled goods.
13. A person who contravenes any conditions subject to which the exportation of export-controlled goods is authorised by an export licence or by an open general licence, commits an offence against this Act. False information - 14 Verify source ↗
False information
A person applying for a licence under this Act must not make false statements or submit false, altered, or tampered documents.
14. A person who, for the purpose of obtaining any licence under this Act- (a) makes any declaration or statement which is false in any material particular; or (b) produces any document which is false in any material particular or has not been given by the person by whom it purports to have been given or has been in any way altered or tampered with, without prejudice to any liability imposed by any other law, commits an offence against this Act unless he proves that he has taken all reasonable steps to ascertain the truth of the declarations or statements made by him or contained in any document so produced, or to satisfy himself of the genuineness of any such document. 422 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE EXPORTS CONTROL ACT [CAP. 381 R.E. 2023] Prohibition of transfer of licence - 15 Verify source ↗
Prohibition of transfer of licence
A holder of an export licence must not transfer or assign the licence to anyone else unless the Controller has given previous written permission.
15. A holder of an export licence who, except with the previous written permission of the Controller, transfers or assigns such licence to any other person commits an offence against this Act. Prohibition of exports - 16 Verify source ↗
Prohibition of exports
The President may order that certain goods may not be exported, or may be exported only under specified limits, and anyone who exports contrary to such an order commits an offence.
16.–(1) The President may, by order published in the Gazette, prohibit absolutely or restrict by means of such conditions or limitations as may be specified in such order the exportation from Tanzania of any goods or class or description of goods therein set forth either generally or to any specified country or place or by any person or class of persons. (2) Where the exportation of any goods or class of goods is prohibited absolutely or restricted by any order made under this section, any person who exports or attempts to export any such goods from Tanzania in contravention of the said order or any provision thereof commits an offence against this Act. Export licence does not authorise exportation of prohibited goods Cap. 403 - 17 Verify source ↗
Export licence does not authorise exportation of prohibited goods
An export licence does not allow export of goods that are prohibited or restricted by this Act, the Customs (Management and Tariff) Act, any amending or replacing Act, or any other law in force in Tanzania.
17. An export licence issued under this Act shall not authorise the exportation of any goods, the exportation of which is prohibited or restricted by any provision made in or under this Act or the Customs (Management and Tariff) Act or any Act replacing or amending the same or under any other law for the time being in force in Tanzania. Cases in which export licence is not required - 18 Verify source ↗
Cases in which export licence is not required
Some listed goods may be exported without an export licence, and the Controller may later limit certain exempt exports by Gazette order.
18. Notwithstanding the other provisions of this Act, an export licence shall not be required in respect of the exportation of the following goods: Cap. 403 (a) articles forming part of the normal stores and equipment of a bona fide tourist safari, if exported to Kenya or Uganda but not otherwise; (b) articles included in any cargo which within Tanzania is transshipped on through bills of lading or entered for transit under the provisions of the Customs (Management and Tariff) Act or any regulations made thereunder; (c) articles being used as personal or household effects which accompany the owner to his destination or are 423 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE EXPORTS CONTROL ACT [CAP. 381 R.E. 2023] exported by him or on his behalf to that destination within a period not exceeding six months from the date of his departure from Tanzania; (d) articles exported as trade samples only; (e) articles being foodstuffs which form part of the baggage of a bona fide traveller; (f) articles which are unsolicited gifts and which are exported by parcel post or air freight: Provided that, the Controller may, by order published in the Gazette restrict the kinds, amounts, quantities or values of export-controlled goods which may be exported without an export licence under the provisions of paragraphs (e) or (f) of this section. - 19 Verify source ↗
Penalty
A person convicted of an offence against the Act may be fined up to 10,000 shillings, imprisoned for up to 2 years, or both; the convicting court may also order related goods forfeited to the Government.
19.–(1) A person who commits an offence against this Act on conviction shall be liable to a fine not exceeding ten thousand shillings or a period of imprisonment not exceeding two years or to both. (2) Where any person is convicted of an offence against this Act, it shall be lawful for the court which convicts such person to order that any goods to which such conviction relates be forfeited to the Government. - 20 Verify source ↗
Offences committed by company, firm, etc
If a company, firm, or similar association commits an offence under the Act, certain directors, officers, partners, or managers can also be prosecuted and punished unless they were unaware of, did not consent to, and did not connive in the act or omission.
20. Where any offence under this Act is committed by a company or firm or other association of individuals, every director and officer of the company, every partner and officer of the firm and every person concerned in the management of the affairs of such association, as the case may be, shall severally be liable to be prosecuted and punished for the offence in like manner as if he had himself committed the offence, unless the act or omission constituting the offence took place without his knowledge, consent or connivance. Penalty C.A. Act No. 2 of 1962 s. 8(a) Offences committed by company, firm, etc Powers of entry Ord. No. 11 of 1951 s. 4 - 21 Verify source ↗
Powers of entry
Certain export-control officers and some police officers may enter premises and inspect goods and related export documents when they reasonably believe an offence has been or is about to be committed and the goods are stored there.
21.–(1) Subject to the provisions of this section the Exports Controller, any Assistant Exports Controller, or any police officer of or above the rank of Assistant Inspector, if he has reasonable cause to believe that an offence under this Act 424 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE EXPORTS CONTROL ACT [CAP. 381 R.E. 2023] has been or is about to be committed in respect of any goods and that such goods are stored upon any premises, may, notwithstanding the provisions of any other law, enter upon such premises for the purpose of ascertaining whether or not such goods are on the said premises and inspect such goods and any documents relating to the exportation of such goods. (2) A dwelling house shall not be entered without a warrant except in the presence of the owner or occupier. (3) A person who obstructs or hinders the Exports Controller or any other person lawfully exercising any power conferred by subsection (1) of this section commits an offence against this Act. - 22 Verify source ↗
Directions by Exports Controller
The Exports Controller may notify affected persons of an appointment, direction, notice, order, or permission by Gazette notice or another method needed to bring it to their attention, unless the Act expressly provides otherwise.
22. An appointment, direction, notice, order or permission which the Exports Controller is authorised to make or give under this Act may, in the absence of express provision, be communicated to the persons affected thereby, by notice in the Gazette or in such other manner as the Exports Controller may consider necessary to bring the same to the notice of such persons. SCHEDULE [Repealed by GN. No. 147 of 1965.] Directions by Exports Controller 425 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.
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