JD Supra (Blogs)

With the wind of realisation of unprofitable exploitation of natural resources in most African mineral-producing countries, Tanzania, as elsewhere, took various measures to ensure that the local community and national economy benefit from exploitation of its resources through the development of local content regulations. There was the view that locals were not reaping the benefits of the industry

In a taxable transaction, it is essential to first identify the parties to that transaction and, perhaps more importantly, the substance of the transaction. It may seem straightforward because people often transact in either tangible (goods) or intangible (services) items, but it is not normally the case from a tax perspective and more so in relation to intangibles in a withholding tax context....

After the Court of Appeal’s decision in PanAfrican Energy Tanzania Ltd v. Commissioner General, Tanzania Revenue Authority, Civil Appeal No. 81 of 2019 (unreported) in March 2020, there emerged the argument that grossing-up for tax purposes is illegal in Tanzania. Soon after, a good number of people, with this understanding in mind, prepared different synopses arguing that grossing up for tax had

The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2019 amended the Section 17 of the Non-Governmental Organisations Act, 2002 (“the Act”) requiring registered non-governmental organisations (“NGO’s”) to ascertain their details with the Registrar of NGOs. The amendment also introduced a new requirement for NGOs to renew their registration after every ten (10) years. Following the mandatory...

• JD Supra Tanzania

For the withholding tax mechanism to apply in Tanzania, following boxes have to be ticked: there must be income derived from a source that is subject to income tax as provided for in the income tax legislation (i.e. income from royalty, rental, lease, service fees, interest, dividend etc); the income must be sourced from Tanzania; and, there must be payment being made to recipient of that income...

• JD Supra Tanzania

Dentons EALC East African Law Chambers recently successfully represented JCDecaux SA in its trademark infringement suit at the Commercial Division of the High Court of Tanzania against a local company, JP Decaux Tanzania Limited, for infringement of its trademark JCDecaux.

• JD Supra Tanzania

The Government of Tanzania has recently passed the Written Laws (Miscellaneous Amendments) No. 1 of 2018, an Act that amends certain written laws. The Act amends sections 45 and 120 of the Land Act, 1999 (Land Act) and introduces new sections 120A, 120B, 120C, 120D and 120E.

• JD Supra Tanzania

Along the lines of the Indian Vodafone case on indirect share disposals, Tanzania has followed suit with its own version of a “change in control” tax. Section 56 of Tanzania's tax legislation applies if there is a change in the underlying ownership of the Tanzanian entity of more than 50%.

• JD Supra Tanzania

Potential arbitration claims arising from three acts affecting investors in natural resources projects in Tanzania INTRODUCTION - In July 2017, three new laws (the Acts) entered into force in Tanzania which could have significant repercussions for investors in mining, oil and gas and other natural resources projects in Tanzania. The Acts appear to give the Tanzanian Government (the...

• JD Supra Tanzania

1 .What role does the government of the United Republic of Tanzania play in approving and regulating foreign direct investment? The government plays an active role in approving and regulating foreign direct investment. The regulatory framework is composed of a number of state entities and attendant laws as detailed below: The Tanzania Investment Centre (TIC) was established under the...

• JD Supra Tanzania

Recently, Tanzania enacted a series of mining laws that significantly erode protection for existing and future investments in the mining industry. As part of these measures, one foreign investor has been assessed a US$190 billion penalty. It is important for investors to obtain immediate legal advice to address and mitigate the risks associated with the Tanzanian government's changes to the...

• JD Supra Tanzania

Following a court hearing on 30 November, SFO confirmed the approval of the first Deferred Prosecution Agreement (DPA). The DPA relates to Standard Bank plc (now ICBC Standard Bank plc). Standard Bank was the joint lead arranger, with a Tanzanian sister company, on a fund-raising for the Tanzanian government.

• JD Supra Tanzania

In January we reported that Tanzania is in the process of developing new legislation and regulations for its emerging gas sector. In February this was followed by our report specifically on Tanzania's Natural Gas Policy (NGP) in which we noted how the NGP seeks to bring wide-ranging benefits to Tanzania across the entire value chain.

• JD Supra Tanzania

The publication of Tanzania's first Natural Gas Policy (NGP) is seen as a significant moment in Tanzania's ascendance in the global energy industry. The ascendance has been propelled by major gas field discoveries in the last three years by Statoil, Exxon Mobil, Ophir Energy, and BG Group. The scale of the discoveries are indeed significant; recent estimates are that Tanzania has an offshore gas...

• JD Supra Tanzania

Tanzania and Mozambique are in the process of developing new legislation and regulations for their emerging oil and gas sectors. The potential of these countries as new suppliers in the global natural gas market is attracting significant interest from a wide range of oil and gas companies.

• JD Supra Tanzania

This is the account of a week spent teaching antitrust law in a World Bank sponsored program for the Tanzanian Fair Competition Commission and members of their High Court. Before I leave, my seven year old daughter asks “why do you want to go to Africa?” So do some friends and clients. Most of what we hear about Africa is awful. Extraordinary violence, famine, tribal war, Aids, contagion, and...

• JD Supra Tanzania

This is the account of a week spent teaching antitrust law in a World Bank sponsored program for the Tanzanian Fair Competition Commission and members of their High Court.

• JD Supra Tanzania

This is the account of a week spent teaching antitrust law in a World Bank sponsored program for the Tanzanian Fair Competition Commission and members of their High Court. Before I leave, my seven year old daughter asks “why do you want to go to Africa?”