Prevention of Terrorism
ISSN 0856 – 034X

Supplement No. 32 31st August, 2012

SUBSIDIARY LEGISLATION
to the Gazette of the United Republic of Tanzania No. 35 Vol. 93 dated 31st August, 2012
Printed by the Government Printer, Dar es Salaam by Order of Government

GOVERNMENT NOTICE NO. 283 published on 31/08/2012

THE PREVENTION OF TERRORISM ACT

(CAP.19)

THE PREVENTION OF TERRORISM REGULATIONS, 2012

ARRANGEMENT OF REGULATIONS

Regulation Title

PART I
PRELIMINARY PROVISIONS

1. Citation.
2. Application.
3. Interpretation.

PART II
IDENTIFICATION OF SUSPECTED INTERNATIONAL TERRORISTS AND
TERRORIST ASSETS

4. Duty to disclose information to the police or FIU.

5. Duty to disclose information relating to transactions with no apparent or
lawful purpose.
6. Obligation to report.
7. Prohibition of tipping-off.
8. Powers of police in respect of reports.
9. Reporting duty and obligations to provide information.
10. Protection of persons making reports.

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PART III
DECLARATION OF SUSPECTED INTERNATIONAL TERRORISTS AND
TERRORIST GROUPS

11. Suspected International terrorists.

12. Proscribed organizations.
13. Notification of declaration.
14. Confidential information.
15. Notice to accountable entities.
16. Variation or revocation of declaration.

PART IV
FREEZING AND PROHIBITING DEALING IN FUNDS OR OTHER
ASSETS OF DECLARED ENTITIES

17. Freezing of funds or other assets.

18. Prohibition from entering the United Republic of Tanzania.
19. Prohibition dealing with declared persons.

PART V
INSTITUTIONAL COOPERATION AND EXCHANGE OF INFORMATION

20. Coordination of activities related to investigation and freezing.

21. Provision of information to foreign states.
22. Request from United Nations, etc.

PART VI
REVIEW, DELISTING AND DEFREEZING

23. Review of decision by the Court.

24. Defreezing of properties.
25. Delisting of persons or entities declared as suspected terrorist.
26. Delisting Procedure.

PART VII
GENERAL PROVISIONS

27. Duration of declaration.

28. List of suspected international terrorists, terrorist groups and proscribed
organizations.
29. Revocation.

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 Prevention of Terrorism
THE PREVENTION OF TERRORISM ACT
(CAP. 19)
______

(Made under sections 6, 12 and 48)

______

THE PREVENTION OF TERRORISM REGULATIONS, 2012

PART I
PRELIMINARY PROVISIONS

Citation 1. These Regulations may be cited as the Prevention

of Terrorism Regulations, 2012.

Application 2. These Regulations shall apply to Mainland

Tanzania as well as Tanzania Zanzibar.

Interpretation 3. In these Regulations unless the context require

otherwise-
Cap.19 “Act” means Prevention of Terrorism Act;
“accountable entity” means an entity listed in Part II of the
Schedule;
“Commissioner of FIU” has a meaning ascribed to it under
Cap. 423 the Anti- Money Laundering Act;
“financial institution” shall have a meaning ascribed to it
Cap. 342 under the Banking and Financial Institutions Act;
“Financial Intelligence Unit” also known by an acronym FIU
means an Extra Ministerial Department established
Cap. 423 under section 4 of the Anti-Money Laundering Act;
“freeze” in relation to-
(a) fund or other financial assets includes preventing
their use, alteration, movement, transfer or
access;
(b) economic resources includes preventing their use
to obtain funds, goods, or services in any way,
including but not limited to, selling, hiring or
mortgaging;
“funds” shall have a meaning ascribed to it under the Act;
“group or entity” means a person, group, trust, partnership, or
an unincorporated association or organization;

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 Prevention of Terrorism
“Inspector General of Police” shall have a meaning ascribed
Cap. 322 to it under the Police Force and Auxiliary Services
Act;
“listed” means a person, group of persons or organizations
and specified entities listed to be involved with
terrorist activities pursuant to resolutions of the
United Nations or any other instrument of the
International Community whose names are listed in
the Schedule;
“Minister” means a Minister responsible for Home Affairs;
“property” shall have a meaning ascribed to it under the Act;
and
“terrorist funds” means funds which are intended to be used
for terrorist purposes, resources of an organization
which is declared as a terrorist organization, cash or
other resources obtained through terrorism.

PART II
IDENTIFICATION OF SUSPECTED INTERNATIONAL TERRORISTS AND
TERRORIST ASSETS

Duty to 4. Any person who has information-

disclose (a) which may assist in identifying suspected
information to
the police or international terrorist;
FIU (b) about the existence of property in possession or
control that he has reasons to believe is owned or
controlled by or on behalf of suspected
international terrorist groups; or

(c) about any transaction or proposed transaction in

respect of property referred to in paragraph (b),
shall disclose that information to the Police or FIU without
delay.

Duty to 5.-(1) Every accountable entity shall report to the

disclose Police or FIU any unusual or large transactions which have
information
relating to no apparent economic or lawful purpose.
transactions (2) Where the Accountable entity has reported a
with no transaction under sub regulation (1) it shall keep a record of
apparent or that transaction for a period of at least five years.
lawful purpose

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(3) Where the Police or FIU requests for information
of the transaction under sub-regulation (1), that entity shall
provide such information or a report of the transaction, as the
case may be, with details of parties involved in such
transaction.
(4) An accountable entity which has in its possession
or under its control a property owned or controlled by, or on
behalf of, or at the direction of-
(a) any entity which has committed or attempted to
commit or facilitated the commission of a
specified offence; or
(b) a specific entity identified in a notice issued by
the Minister acting under this or any other law
shall, in every three months, report that act and
the particulars of the fact to the Inspector General
of Police or Commissioner of FIU.
(5) Upon receipt of the report, the Inspector General
of Police or Commissioner of FIU shall direct an
accountable entity under sub-regulation (1) to report-
(a) at such intervals as may be determined in the
direction, that it is still in possession or control of
the property in respect of which the report under
sub-regulation (3) has been made; and
(b) any change in the circumstances concerning the
accountable entity’s possession or control of that
property.
(6) Any person who fails, within the prescribed
period, to report to the Inspector General of Police or
Commissioner of FIU the information referred to in sub-
regulation (2) or to make a periodic report pursuant to sub-
regulation (5), commits an offence and on conviction shall be
liable to imprisonment for a term of not less than two years
and not exceeding five years.

Obligation to 6.-(1) A person who carries on a business or is in

report charge of, or manages a business or employed in a business
and knows or reasonably ought to have known or suspected
that -
(a) the business has received or is about to receive a
property which is connected to an offence
relating to the financing of terrorism or related
activities;
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(b) a transaction or series of transactions to which
the business is a party-
(i) facilitated or is likely to facilitate the
transfer of property which is
connected to an offence relating to
the financing of terrorism or related
activities;
(ii) has no apparent business or lawful
purpose; or
(iii) is conducted in contravention of the
Act or these Regulations;
(c) the business has been used or is about to be used
in a way to facilitate the commission of an
offence relating to the financing of terrorism or
related activities within the prescribed period,
shall report the matter to the Police or FIU.
(2) Any person who fails to report the matter under
sub-regulation (1) to the Police or FIU, commits an offence
and on conviction shall be liable to imprisonment for a term
of not less than two years but not exceeding five years.

Prohibition of 7.-(1) A person acting under these Regulations shall

tipping-off not disclose to or warn any person involved in a transaction
which is being or has been acted upon or to unauthorized
third party that-
(a) information was provided to the police or any
other relevant authority;
(b) a report concerning suspected financing of
terrorism will be, or is being or has been
submitted to the police or any other relevant
authority; or
(c) financing of terrorism investigation is being or
has been carried out.
(2) The provision of sub-regulation (1) shall not be
construed as to preclude the disclosure or communications of
information regarding suspicious financing of terrorism or
related activities between officers and employees of an
accountable entity.
(3) Any person who contravenes any provisions of
this regulation commits an offence and shall, on conviction,
be liable to imprisonment for a term not less than twelve
months.
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 Prevention of Terrorism
Powers of 8. Where the Police officer receives a report under
police in these Regulations and has reasonable grounds to suspect that
respect of
reports a transaction or a proposed transaction may involve the
proceeds of terrorism activities or property which is
connected to an offence relating to the financing of terrorism
or related activities, the Inspector General of Police may, in
writing direct the accountable entity, reporting institution or
the person, not to proceed with the transaction or proposed
transaction for such a period as may be determined in the
order to allow the Police -
(a) to make necessary inquiries concerning the
transaction and take necessary action; and
(b) if the Inspector General of Police deem it
appropriate, to advise the Minister on the
appropriate action to be taken.

Reporting duty 9.-(1) The accountable entity, supervisory body, or

and obligations the revenue authorities or any other person shall have no duty
to provide
information of secrecy or confidentiality or any other restriction on the
disclosure of information under these Regulations.
(2) The provision of sub-regulation (1) shall not
apply to the common law right to legal professional privilege
between an attorney and his client in respect of
communication made and information obtained in confidence
between -
(a) the attorney and his client for the purposes of
legal advice or litigation which is pending or
contemplated or which has commenced; or
(b) a third party and an attorney for purposes of
litigation which is pending or contemplated or
has commenced.

Protection of 10.-(1) No action, whether criminal, civil,

persons making disciplinary or administrative shall lie against an accountable
reports
entity, or any other person complying in good faith with any
provisions of these Regulations including any director,
employee or any other person acting on behalf of that
accountable entity or such other person.
(2) A person who has made disclosure, or a report
under regulation 5 and 7 or who has furnished additional
information concerning such information or a report in terms
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 Prevention of Terrorism
of provisions of these Regulations is competent, but not
compellable, to give evidence in criminal proceedings arising
from the report.
(3) No evidence concerning the identity of the
person referred to under sub-regulation (1) is admissible as
evidence in criminal proceedings unless that person testifies
to those proceedings.

PART III
DECLARATION OF SUSPECTED INTERNATIONAL TERRORISTS, TERRORIST
GROUPS AND PROSCRIBED ORGANISATIONS

Suspected 11.-(1) A person may be declared to be a suspected

International international terrorists if-
terrorists
(a) the Minister reasonably suspects that the person-
(i) is or has been involved in the commission,
preparation or instigation of acts of
international terrorism;
(ii) is a member of, or belongs to an international
terrorist group or entity;
(iii) has links with an international terrorist
group and he reasonably believes that the
person is a risk to national security;
(b) that person is listed as a person involved in
terrorist acts in any Resolution of the United
Nations Security Council or in any instrument of
the international community; or
(c) that person is considered as a person involved in
international terrorist acts by international
organization.
(2) A group shall be declared to be an international
terrorist group if that group-
(a) is subject to the control or influence of person
outside the United Republic, and the Minister
reasonably suspects that it is concerned in the
Commission, preparation or instigation of acts or
international terrorism;
(b) is listed as a group or entity involved in terrorist
acts in accordance with the Resolutions of the
United Nations Security Council or in any
instrument of the international community as
may be made from time to time; or
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(c) is approved and published in the Gazette as a

group or entity involved in internationals terrorist
acts.
(3) In making the decision under sub regulations (1)
and (2), the Minister shall take into consideration the
following-
(a) information furnished by the police or any other
security organ to the Minister;
(b) information received from a state or other
international organization; or
(c) legal advice given to him by the Attorney
General.
(4) Where the Minister declares an individual or
group of persons to be suspected international terrorist, he
shall cause within thirty days a list of declared individuals be
published in the Government Gazette.

Proscribed 12.-(1) The Minister may declare:

organizations

(a) a group of persons or organization to be a

proscribed organization if such persons or that
organization associates or engages in any act for
the purpose of:
(i) participating, or collaborating in any
act of terrorism;
(ii) promoting, encouraging or exhorting
others to commit an act of terrorism;
or
(iii) setting up or pursuing any act of
terrorism;
(b) any person who associates or engages with a
proscribed organization to belong to a proscribed
organization.
(2) A person who belongs, or professes to belong, to
a proscribed organization commits an offence.

Notification of 13.-(1) Where the Minister declare a person he shall-

declaration
(a) give written notice of the declaration to the
declared person, and
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(b) take steps to publicize the declaration.

(2) The Minister shall, in publicizing the declaration
under paragraph (b), take into consideration the following
conditions-
(a) age of a declared person, where the declared
person is an individual under the age of eighteen
(18), or
(b) need to restrict disclosure of information in the
interest of national security;
(c) reasons connected with the prevention or
detection of serious crime; or
(d) for the interests of justice.

Confidential 14.-(1) The Minister may inform certain persons of a

information declaration and specify that information contained in that
declaration is to be treated as confidential.
(2) A person who-
(a) is provided with information that is to be treated
as confidential in accordance with sub-regulation
(1); or
(b) obtains such information, shall not, subject to
sub-regulation (3), disclose it.
(3) The prohibition in sub-regulation (2) does not
apply to any disclosure made by that person with lawful
authority.
(4) For the purpose of this regulation, information is
disclosed with lawful authority only if and to the extent that-
(a) the disclosure is by, or is authorized by the
Minister;
(b) the disclosure is by or with the consent of the
declared person;
(c) the disclosure is necessary to give effect to a
requirement imposed under or by virtue of this
Part or any other enactment; or
(d) the disclosure is required, under rules of court,
tribunal rules or a court or tribunal order, for the
purposes of legal proceedings of any description.
(5) This regulation does not prevent the disclosure of
information that is already, or has previously been, available
to the public from other sources.

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(6) A person who contravenes the prohibition in sub-

regulation (2) commits an offence and shall on conviction be
sentenced to five years imprisonment.

Notice to 15.-(1) Where the Minister declares a person or

accountable group of persons to be a suspected international terrorist
entities
under section 12(1) and (2) of the Act, the Inspector General
of Police or Commissioner of FIU shall immediately after
declaration, give notice of the declaration to the accountable
entities listed in Part II of the Schedule to these Regulations
or any other entity holding or likely to hold the property of
the declared person.
(2) The Minister may, immediately after receiving
information with respect to person or group of person to be
declared, instruct accountable entities to suspend any
transaction, use, transfer, access of any funds or properties
owned by or derived from the property of such a person or
group of person.

Variation or 16.-(1) The Minister may vary or revoke a

revocation of declaration at any time. (2) Where a declaration is varied or
declaration
revoked, the Minister shall-
(a) give written notice of the variation or revocation
to the declared person; and
(b) take such steps as he consider appropriate to
bring the variation or revocation to the attention
of the persons informed of the declaration.

PART IV
FREEZING AND PROHIBITING DEALING IN FUNDS OR OTHER ASSETS OF
DECLARED ENTITIES

Freezing of 17.-(1) Any accountable entity which has in its

funds or other possession or under its control the funds, property, financial
assets
assets or other economic resources owned or controlled
directly or indirectly by any person or entity to whom a
declaration is made by the Minister under this Act shall
immediately after the declaration freeze those funds,
properties, financial assets or economic resources.
(2) An accountable entity which has frozen funds or
other assets under sub-regulation (1) shall report, every three
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 Prevention of Terrorism
months, to the Commissioner of FIU that it is still in
possession or control of the property, and provide
information and particulars relating to the persons, accounts
and transactions involved and the total value of the property.

Prohibition 18. Any person declared by the Minister under

from entering regulation 11 to be a terrorist or belonging to a terrorist
the United
Republic of group, is prohibited from entering the United Republic.
Tanzania

Prohibition in 19.-(1) No person shall knowingly-

dealing with (a) deal directly or indirectly in any property of a
declared
persons declared person, including funds derived or
generated from property owned or controlled
directly or indirectly by the declared person;

(b) enter into or facilitate, directly or indirectly, any

transaction related to a dealing referred to in
paragraph (a);
(c) directly or indirectly supply, sell and transfer to a
declared person arms, weapons, ammunitions,
military vehicles and equipments, Para-military
equipments, spear parts and related materials,
technical advice, assistance, or training related to
military activities;
(d) Provide any financial or other related service
available, directly or indirectly, for the benefit of
a declared person.
(2) Every person who knowingly-
(a) deals, directly or indirectly, in property that is
owned or controlled by or on behalf of a declared
person;
(b) enters into, or facilitates, directly or indirectly,
any transaction in respect of property referred to
in regulation (6); or
(c) provides financial or other services in respect of
property referred to in regulation (6),
commits an offence and shall on conviction, be liable to
imprisonment for a term not exceeding five years.
(3) The prohibitions under this regulation are not
contravened by a relevant institution crediting a frozen

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account with-
(a) interest or other earnings due on the account; or
(b) payments due under contracts, agreements or
obligations that were concluded or arose before
the account became a frozen account.
(4) Notwithstanding the provision of sub-regulations
(3), the prohibition shall not prevent an accountable entity
from crediting a frozen account where it receives funds
transferred to the account.

PART V
INSTITUTIONAL COOPERATION AND EXCHANGE OF INFORMATION

Coordination of 20. The Police Force shall, in collaboration and

activities consultation with law enforcement agencies and other
related to
investigation national authorities within the United Republic, coordinate
and freezing activities related to the investigation and freezing of funds or
financial assets and other economic resources of suspected
international terrorist and terrorist groups.

Provision of 21.-(1) The Principal Commissioner of Immigration

information to may communicate or provide information to the competent
foreign states
authority in a foreign state relating to persons entering or
leaving the United Republic in the manner provided under
section 45 of the Act, if-
(a) the state has signed bilateral agreement with the
United Republic of Tanzania on mutual
assistance in criminal matters;
(b) the state is a party to United Nations Conventions
on counter terrorism; or
(c) the state is a member of the International Police
Organization.

Request from 22. Where there is a request of information or report

United Nations, by the United Nations or a foreign state in relation to terrorist
etc
financing, the Inspector General of Police or Commissioner
of FIU or anybody authorized by law to supervise and
regulate the activities of relevant accountable entity may
request the relevant accountable entity to provide such
information or report.

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PART VI
REVIEW, DELISTING AND DEFREEZING

Review of 23.-(1) A person aggrieved by the decision of the

decisions by Minister taken under these Regulations may apply to the
the Court
High Court for the decision to be set aside.
(2) Where the Court is satisfied, on balance of
probabilities that-
(a) there was no reasonable grounds for declaration
under regulation 11;
(b) the property involved is not owned, controlled
by, or on behalf of, a terrorist group; or
(c) the property were inadvertently included, may
vary, revoke or set aside the declaration or
freezing order.
(3) Where a declaration or freezing is varied,
revoked or set aside, the Minister shall give notice of that fact
to the persons who were informed of the declaration.

Defreezing of 24.-(1) The Minister shall, having received

properties information on delisted persons or group of persons from
United Nations or any international community instrument,
instruct accountable entities to defreeze the properties of the
delisted persons or group of persons.
(2) The words “defreeze properties” referred to
under this regulation means the “properties frozen under
regulations 16.

Delisting of the 25. A person or entity declared by the Minister as a

entity declared suspect terrorist under these Regulations may be delisted if-
as
Terrorist Group
(a) an order has been given by a court of competent
jurisdiction to that effect; or
(b) the entity has been delisted from the list provided
pursuant to the Resolution of the United Nations
Security Council or any instrument of the
international community.

Delisting 26.-(1) Where a person declared by the Minister as

Procedure suspected international terrorist or terrorist group pursuant to
regulation 11(1)(b) or 11(2)(b) is aggrieved by the Minister’s
decision, that person may file a petition to the Minister in
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writing to be removed from the list of the declared persons.
(2) The Minister may, upon receiving the petition
under sub-regulation (1) of this regulation, forward that
Petition to the relevant United Nations Security Council
Committee and notify the petitioner, of the steps taken.
(3) A petitioner may not submit another petition
under sub regulation (1), unless there has been a material
change in circumstance since the time when the last petition
was submitted.

PART VII
GENERAL PROVISIONS

Duration of 27.-(1) A declaration expires at the end of the period

declaration of three years beginning with the date on which it was made,
unless it is renewed.
(2) The Minister may renew a declaration at any
time before it expires, if the requirements in regulation 12
continue to be met.
(3) A renewed declaration expires at the end of the
period of three years beginning with the date on which it was
renewed (or last renewed), unless it is renewed again.
(4) The provisions of regulation 19 shall apply
where a declaration is renewed or further renewed as in
relation to the original making of a declaration.
(5) Where a declaration expires the Minister shall—
(a) give written notice of that fact to the declared
person, and
(b) take such steps as they consider appropriate to
bring that fact to the attention of the persons
informed of the declaration.

List of 28. Any persons, group of persons or organizations

suspected prescribed in the first part of the Schedule to these
international
terrorists, Regulations shall be known as a list of suspected
terrorist groups international terrorists, terrorist groups, or proscribed
and proscribed organizations declared by the minister in accordance with
organizations these Regulations.

Revocation of 29. The Prevention of Terrorism (General)

GN No. 361 of Regulations, 2011 is hereby revoked.
2011

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_____

SCHEDULE
_____

(Made under regulation 28)

_____

PART I

1. 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
_______

(Made under regulation 3)

_______

2. LISTS OF ACCOUNTABLE ENTITIES

1. An attorneys, notaries and other independent legal professionals.
2. A board of executors or a trust company or any other person that invests, keeps in
safe custody, controls or administers trust property.
3. An estate agent.
4. A financial instrument trader.
5. A registered management company.
6. A person who operate banking business.
7. A mutual bank.
8. A person who carries on a ‘long-term insurance business’, including an insurance
broker and an agent of an insurer.
9. A person who carries on a gambling business.
10. A person who operates a foreign exchange business.
11. A person who lends money against the security of securities.
12. A person who carries on the business of rendering investment advice or investment
broking services, including a public account.
13. A person who issues, sells or redeems travelers’ cheques, money orders or similar
instruments.
14. A member of a licensed stock exchange.
15. A person who remits money.

Dar es Salaam, EMMANUEL J. NCHIMBI,

24th August, 2012 Minister for Home Affairs

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