Tanzania
Executive Summary
The United Republic of Tanzania achieved lower-middle income country status in July 2020, which reflects two decades of sustained macroeconomic stability. The country’s rich natural endowments and strategic geographic position fostered a diverse economy resilient to external shocks. Tanzania’s economy fared better than many regional peers during the COVID-19 pandemic, but still suffered significant losses due to decline in tourism and related services. The pandemic also compounded preexisting financial sector issues, and private sector credit growth slowed while nonperforming loans continue to be high.
The Government of Tanzania welcomes foreign direct investment. However, over the past several years there was a marked deterioration in the business and investment climate. Tanzania ranked 141 out of 190 countries on the 2020 World Bank Ease of Doing Business Report, the lowest among its regional peers. According to the report, the biggest challenges lie in tax administration, opening and closing businesses, and trading across borders. In recent years, aggressive and arbitrary tax collection policies targeted foreign companies and individuals, and labor regulations make it difficult to hire foreign employees, even when the required skills are not available within the local labor force. Corruption, especially in government procurement, privatization, taxation, and customs clearance remains a concern for foreign investors, though the government has prioritized efforts to combat the practice.
On March 19, 2021, President Samia Suluhu Hassan became the sixth President of the United Republic of Tanzania, following the death of President John Pombe Magufuli. In her first months in office, President Hassan promised reforms to improve the business climate, and identified attracting foreign investment as a key priority. The Government of Tanzania has signaled that new Investment Policy and Investment Promotion legislation as well as changes to prevailing tax and labor regulations will be adopted in 2021. Hassan’s government is also engaging in dialogue with stakeholders including private sector organizations and development partners to identify measures to improve the business climate and win back investor confidence. There remain significant legislative obstacles to foreign investment such as the Natural Resources and Wealth Act, Permanent Sovereignty Act, Public Private Partnership Act, and the Mining Laws and Regulations.
Sectors traditionally attracting U.S. investment include infrastructure, transportation, energy, mining and extractive industries, tourism, agriculture, fishing, agro-processing and other manufacturing. Other opportunities exist in workforce development, microfinance solutions, technology, and consumer products and services.
Measure | Year | Index/Rank | Website Address |
---|---|---|---|
TI Corruption Perceptions Index | 2020 | 94 of 180 | http://www.transparency.org/research/cpi/overview |
World Bank’s Doing Business Report | 2020 | 141 of 190 | http://www.doingbusiness.org/en/rankings |
Global Innovation Index | 2020 | 88 of 131 | https://www.globalinnovationindex.org/analysis-indicator |
U.S. FDI in partner country (historical stock positions) | 2020 | USD 1,510 Million | https://apps.bea.gov/international/factsheet/ |
World Bank GNI per capita | 2019 | USD 1,080 | http://data.worldbank.org/indicator/NY.GNP.PCAP.CD |
2. Bilateral Investment Agreements and Taxation Treaties
Tanzania has bilateral investment treaties with 18 countries, and seven investment agreements with regional economic blocs. The country is also a signatory to global investment instruments such as the International Centre for Settlement of Investment Disputes (ICSID) Convention, the New York Convention, and the UN Guiding Principles on Business and Human Rights.
The U.S. and Tanzania do not have bilateral investment or taxation agreements. Tanzania is a member of the EAC, which signed a 2008 Trade and Investment Framework Agreement (TIFA) and a 2012 Trade and Investment Partnership (TIP) with the United States. Under the U.S.-EAC TIP, the U.S. and EAC are seeking to expand trade, investment, and dialogue with the private sector.
4. Industrial Policies
Investment Incentives
The Tanzania Investment Center (TIC) offers a package of investment benefits and incentives to both domestic and foreign investors without performance requirements. A minimum capital investment of USD 500,000 if foreign owned or USD 100,000 if locally owned is required. (At the time of this publication, the government was revising these incentives. Investors are advised to consult the TIC for up-to-date information.)
Current investment incentives include the following:
- Discounts on customs duties, corporate taxes, and VAT paid on capital goods for investments in mining, infrastructure, road construction, bridges, railways, airports, electricity generation, agribusiness, telecommunications, and water services.
- 100 percent capital allowance deduction in the years of income for the above-mentioned types of investments – though there is ambiguity as to how this is accomplished.
- No remittance restrictions. The GoT does not restrict the right of foreign investors to repatriate returns from an investment.
- Guarantees against nationalization and expropriation. Any dispute arising between the GoT and investors may be settled through negotiations or submitted for arbitration.
- Allowing interest deduction on capital loans and removal of the five-year limit for carrying forward losses of investors.
Investors may apply for “Strategic Status” or “Special Strategic Status” to receive further incentives. The criteria used to determine whether an investor may receive these designations are available on TIC’s website ( www.tic.co.tz/strategicInvestor ).
The government habitually introduces waivers through the Public Finance Act with the aim of attracting investment in certain targeted sectors. In Financial Year 2019/2020, the government introduced a VAT exemption for the following items in order to encourage investment: import of grain drying equipment; supply of aircraft lubricants to a local operator of air transportation; and imports refrigerated by a person in horticulture for exclusive use in Tanzania Mainland. The GoT also introduced a reduction of corporate income tax for new investors involved in the production of sanitary pads from 30% to 25% for two years, subject to the investor signing a performance agreement with the government.
The Export Processing Zones Authority (EPZA) oversees Tanzania’s Export Processing Zones (EPZs) and Special Economic Zones (SEZs). EPZA’s core objective is to build and promote export-led economic development by offering investment incentives and facilitation services. Minimum capital requirements for EPZ and SEZ investors are USD 500,000 for foreign investors and USD 100,000 for local investors. Investment incentives offered for EPZs include the following:
- An exemption from corporate taxes for ten years.
- An exemption from duties and taxes on capital goods and raw materials.
- An exemption on VAT for utility services and on construction materials.
- An exemption from withholding taxes on rent, dividends, and interests.
- Exemption from pre-shipment or destination inspection requirements.
- SEZs offer similar incentives, excluding the ten-year exemption from corporate taxes.
The Zanzibar Investment Promotion Agency (ZIPA) and the Zanzibar Free Economic Zones Authority (ZAFREZA) offer the following incentives:
CATEGORY “A” FREE ECONOMIC ZONE DEVELOPERS: DEVELOPMENT OF INFRASTRUCTURE
The developer of a Free Economic Zone shall benefit to the following incentives: exemption from payment of taxes and duties for machinery, equipment, heavy duty vehicles, building and construction materials, and any other goods of capital nature to be used for purposes of development of the Free Economic Zone infrastructure.
- exemption from payment of taxes and duties for machinery, equipment, heavy duty vehicles, building and construction materials, and any other goods of capital nature to be used for purposes of development of the Free Economic Zone infrastructure.
- exemption from payment of corporate tax for an initial period of ten years and thereafter a corporate tax, shall be charged at the rate specified in the Income Tax Act.
- exemption from payment of withholding tax on rent, dividends ‘and interest for the first ten years.
- exemption from payment of property tax for the first ten years.
- remission of customs duty, value added tax and any other tax payable in respect of importation of one administrative vehicle, ambulances, firefighting equipment and firefighting vehicles and up to two buses for employees’ transportation to and from the Free Economic Zone.
- exemption from payment of stamp duty on any instrument executed in or outside the Free Economic Zone relating to transfer, lease or hypothecation of any movable or immovable property situated within the Free Economic Zone or any document, certificate, instrument, report or record relating to any activity, action, operation, project, undertaking or venture in the Free Economic Zone.
- treatment of goods destined into Free Economic Zones as transit goods; and
- on site customs inspection of goods within Free Economic Zones.
CATEGORY “B” FREE ECONOMIC ZONES OPERATORS: APPROVED INVESTORS PRODUCING FOR SALE INTO THE CUSTOMS TERRITORY
Approved Investors whose primary markets are within the customs territory shall be entitled to the: remission of customs duty, value added tax and any other tax charged on raw materials and goods of capital nature related to the production in the Free Economic Zones.
- remission of customs duty, value added tax and any other tax charged on raw materials and goods of capital nature related to the production in the Free Economic Zones.
- exemption from payment of withholding tax on interest on foreign sourced loan.
- remission of customs duty, value added tax and any other tax payable in respect of importation of one administrative vehicle, one ambulances, firefighting equipment and firefighting vehicles and up to two buses for employees’ transportation into and from the Free Economic Zones.
- exemption from pre-shipment or destination inspection requirements.
- on site customs inspection of goods within Free Economic Zones.
- access to competitive, modern and reliable services available within the Free Economic Zones; and
- subject to compliance with applicable conditions and procedures for foreign exchange and payment of tax whenever appropriate, unconditional transfer through any authorized dealer bank in freely convertible currency of.
(i) net profits or dividends attributable to the investment;
(ii) payments in respect of loan servicing where a foreign loan has been obtained;
(iii) royalties, fees and charges for any technology transfer agreement;
(iv) the remittance of proceeds in the event of sale or liquidation of the licensed business or any interest attributable to the licensed business; and
(v) payments of emoluments and other benefits to foreign personnel employed in Tanzania in connection with the licensed business.
CATEGORY “C” FREE ECONOMIC ZONE OPERATORS: APPROVED INVESTORS PRODUCING FOR EXPORT MARKETS
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- Approved Investors producing for export markets in non-manufacturing or processing sectors shall be entitled to the:
- subject to compliance with applicable conditions and procedures, accessing the export credit guarantee scheme.
- remission of customs duty, value added, and any other tax charged on raw materials and goods of capital nature related to the production in the Free Economic Zones.
- exemption from payment of corporate tax for an initial period of ten years and thereafter, a corporate tax shall be charged at the rate specified in the Income Tax Act.
- exemption from payment of withholding tax on rent, dividends and interests for the first ten years.
- exemption from payment of all taxes and levies imposed by the Local Government Authorities for products produced in the Free Economic Zones for a period of ten years.
- exemption from pre-shipment or destination inspection requirements.
- on site customs inspection of goods in the Free Economic Zones.
- remission of customs duty, value added tax and any other tax payable in respect of importation of one administrative vehicle, ambulances, firefighting equipment and vehicles and up to two buses for employees’ transportation to and from the Free Economic Zones.
- treatment of goods destined into Free Economic Zones as transit goods.
- access to competitive, modern and reliable services available within the Free Economic Zones; and
- subject to compliance with applicable conditions and procedures for foreign exchange and payment of tax whenever appropriate unconditional transfer through any authorized dealer bank in freely convertible currency of:
(i) net profits or dividends attributable to the investment.
(ii) payments in respect of loan servicing where a foreign loan has been obtained.
(iii) royalties, fees and charges for any technology transfer agreement.
(iv) the remittance of proceeds in the event of sale or liquidation of the business enterprises or any interest attributable to the investment.
(v) payments of emoluments and other benefits to foreign personnel employed in Tanzania in connection with the business enterprise; twenty percent of total turnover is allowed to be sold to the local market and is subject to the payment of all taxes. twenty percent of total turnover is allowed to be sold to the local market and is subject to the payment of all taxes.
- twenty percent of total turnover is allowed to be sold to the local market and is subject to the payment of all taxes.
- hundred percent foreign ownership is allowed; and
- no limit to the duration that goods may be stored in the Freeport Zones.
2. For purposes of this section investors licensed primarily for export markets are investors whose exports are more than eighty percent of total annual production.
Incentives and allowances outside Free Economic Zones
- Approved investor investing outside Free Economic Zones, may be granted the:
exemption from payment of import duty, excise duty Value Added Tax and other similar taxes on machinery, equipment, spare parts, vehicles and other input necessary and exclusively required by that enterprise during construction period indicated in the Investment Certificate.
- exemption from payment of import duty, excise duty Value Added Tax and other similar taxes on machinery, equipment, spare parts, vehicles and other input necessary and exclusively required by that enterprise during construction period indicated in the Investment Certificate.
- exemption from payment of business license fee for the first three months of trial operation.
- corporate tax exemption for up to five years.
- hundred percent foreign ownership.
- hundred percent retention of all profits after tax.
- hundred percent allowance Research and Development; and
- hundred percent allowance for free repatriation of profit after tax.
2. Without prejudice to the provisions of paragraph 1 of this Part, approved investor investing in manufacturing sector may further be granted the: exemption from payment of any tax on all goods produced for exports.
- exemption from payment of any tax on all goods produced for exports.
- exemption from payment of trade levy for raw materials and industrial inputs procured from Tanzania Mainland.
- exemption from payment of import duty, Value Added Tax and other similar taxes on raw and packaging materials during project operations.
- exemption of Income Tax on interest on registered borrowed capital; and
- hundred percent allowance investment deduction on capital expenditure within five years.
3. Without prejudice to the provisions of paragraph 1 of this Part, Approved Investor investing in real estate business may also be granted the: exemption of income tax on interest on borrowed capital.
- exemption of income tax on interest on borrowed capital.
- stamp duty exemption.
- hundred percent allowance investment deduction on capital expenditure within five years; and
- capital gains tax on properties sold or purchased.
Foreign Trade Zones/Free Ports/Trade Facilitation
Tanzania’s export processing zones (EPZs) and special economic zones (SEZs) are assigned geographical areas or industries designated to undertake specific economic activities with special regulations and infrastructure requirements. EPZ status can also be extended to stand-alone factories at any geographical location. EPZ status requires the export of 80 percent or more of the goods produced. SEZ status has no export requirement, allowing manufacturers to sell their goods locally. There are currently 14 designated EPZ/SEZ industrial parks, 10 of which are in development, and 75 stand-alone EPZ factories.
Performance and Data Localization Requirements
The Non-Citizens (Employment Regulation) Act (see Section 12 Labor Policies and Practices below) requires employers to attempt to fill positions with Tanzanian citizens before seeking work permits for foreign employees, and to develop plans to transition all positions held by foreign employees to local employees over time. (At the time of this publication, this Act is pending major revisions.)
Because the local content (LC) initiative cuts across all economic sectors, the government decided that oversight of LC development should take a multi-sector approach, rather than being confined to a single ministry or sector. In 2015, the government directed the National Economic Empowerment Council (NEEC) to oversee implementation of local empowerment initiatives. The objective of the local content policy is to put local products and services – delivered by businesses owned and operated by Tanzanians – in an advantageous position to exploit opportunities emanating from inbound foreign direct investments. In 2015, the GoT enacted The Petroleum Act and, subsequently, issued The Petroleum (Local Content) Regulations 2017. Similarly, in 2017, the GoT amended mining laws, issuing The Mining (Local Content) Regulations 2018. (See Chapter 4: Laws and Regulations on Foreign Direct Investment for more on recent local content laws.)
Bank of Tanzania (BoT) regulations require banks to physically house their primary data centers in Tanzania or face steep penalties. The Tanzanian Bankers Association is appealing the requirement as it is cumbersome, expensive, and contrary to industry best practices.
The GoT launched a USD 94 million national data center (NDC), which is operated by the GoT’s Telecommunications Corporation (TTC). Under the Tanzania Telecommunications Corporation (TTC) Act 2017, the TTC plans, builds, operates and maintains the “strategic telecommunications infrastructure,” which is defined as transport core infrastructure, data center and other infrastructure that the GoT proclaims “strategic” via official public notice.
9. Corruption
Tanzania has laws and institutions designed to combat corruption and illicit practices. It is a party to the UN Convention against Corruption, but it is not a signatory to the OECD Convention on Combating Bribery. Although corruption is still viewed as a major problem, former President Magufuli’s focus on anti-corruption translated into an increased judiciary budget, new corruption cases, and a decline in perceived corruption, especially low-level corruption. This improvement is partly attributed to instituting electronic services which reduce the opportunity for corruption through human interactions at agencies such as the Tanzania Revenue Authority (TRA), the Business Registration and Licensing Authority (BRELA), and the Port Authority.
Tanzania has three institutions specifically focused on anti-corruption. The Prevention and Combating of Corruption Bureau (PCCB) prevents corruption, educates the public, and enforces the law against corruption. The Ethics Secretariat and its associated Ethics Tribunal under the President’s office enforces compliance with ethical standards defined in the Public Leadership Codes of Ethics Act 1995.
Companies and individuals seeking government tenders are required to submit a written commitment to uphold anti-bribery policies and abide by a compliance program. These steps are designed to ensure that company management complies with anti-bribery polices.
The GoT is currently implementing its National Anti-Corruption Strategy and Action Plan Phase III (2017-2022) (NACSAP III) which is a decentralized approach focused on broad government participation. NACSAP III has been prepared to involve a broader domain of key stakeholders including GoT local officials, development partners, civil society organization (CSOs), and the private sector. The strategy puts more emphasis on areas that historically have been more prone to corruption in Tanzania such as oil, gas, and other natural resources. Despite the outlined role of the GoT, CSOs, NGOs and media find it increasingly difficult to investigate corruption in the current political environment.
The GoT’s anti-corruption campaign affected public discourse about the prevailing climate of impunity, and some officials are reluctant to engage openly in corruption. Some critics, however, question how effective the initiative will be in tackling deeper structural issues that have allowed corruption to thrive.
Transparency International (TI), which ranks perception of corruption in public sector, gave Tanzania a score of 38 points out of 100 for 2020 and 37 points for 2019. The Afrobarometer report estimates that between 2015 and 2019 the corruption increase in the previous 12 months was only 10% in Tanzania, the lowest in Africa. While for the same period, 23% of the respondents voted that Tanzania is doing a bad job of fighting corruption, again the lowest in Africa. 32 percent of the respondents also noted that business executives are corrupt, up from 31 percent in 2015.
Resources to Report Corruption
The Director General
Prevention and Combating of Corruption Bureau
P.O. Box 4865, Dar es Salaam, Tanzania
Tel: +255 22 2150043
Email: dgeneral@pccb.go.tz
Executive Director
Legal and Human Rights Centre
P.O. Box 75254, Dar es Salaam, Tanzania
Tel: +255 22 2773038/48
Email: lhrc@humanrights.or.tz
11. Labor Policies and Practices
Despite Tanzania’s large youth population, there is a shortage of skilled labor and gaps remain in professional training to support industrialization. Only 3.6 percent of Tanzania’s 20-million-person labor force is highly skilled. On the regional front, Tanzania, Uganda, Rwanda and Kenya have committed to the EAC’s 2012 Mutual Recognition Agreement of engineers, making for a more regionally competitive engineering market.
In Tanzania, labor and immigration regulations permit foreign investors to recruit up to five expatriates with the possibility of additional work permits granted under specific conditions. The Non-Citizens (Employment Regulation) Act 2015 introduced stricter rules for hiring foreign workers. Under the Act, the Labor Commissioner must determine if “all possible efforts have been explored to obtain a local expert” before approving a non-citizen work permit. In addition, employers must submit “succession plans” for foreign employees, detailing how knowledge and skills will be transferred to local employees. Non-citizens may be granted two-year work permits, renewable up to five years, while foreign investors may be granted ten-year work permits which may be extended if the investor is deemed to be contributing to the economy and well-being of Tanzanians. The process for obtaining work permits remains immensely bureaucratic, opaque at times, and slow. (At the time of publication, revisions to this act are pending in Parliament.)
Mainland Tanzania’s minimum wage, which has not changed since July 2013, is set by categories covering 12 employment sectors. The minimum wage ranges from TZS 100,000 (USD 45) per month for agricultural laborers to TZS 400,000 (USD 180) per month for laborers employed in the mining sector. Zanzibar’s minimum wage is TZS 300,000 (USD 135), after being increased from TZS 150,000 (USD 68) in April 2017.
Mainland Tanzania and Zanzibar governments maintain separate labor laws. Workers on the Mainland have the right to join trade unions. Any company with a recognized trade union possessing bargaining rights can negotiate in a Collective Bargaining Agreement. In the public sector, the government sets wages administratively, including for employees of state-owned enterprises.
Mainland workers have the legal right to strike, and employers have the right to a lockout. The law restricts the right to strike when doing so may endanger the health of the population. Workers in certain sectors are restricted from striking or subject to limitations. In 2017, the GoT issued regulations that strengthened child labor laws, created minimum one-year terms for certain contracts, expanded the scope of what is considered discrimination, and changed contract requirements for outsourcing agreements.
The labor law in Zanzibar applies to both public and private sector workers. Zanzibar government workers have the right to strike as long as they follow procedures outlined in the Employment Act of 2005, but they are not allowed to join Mainland-based labor unions. Zanzibar requires a union with 50 or more members to be registered and sets literacy standards for trade union officers. An estimated 40 percent of Zanzibar’s workforce is unionized. (See Chapter 4: Laws and Regulations on Foreign Direct Investment for more on recent local content laws.)
13. Foreign Direct Investment and Foreign Portfolio Investment Statistics
Host Country Statistical source* | USG or international statistical source | USG or International Source of Data: BEA; IMF; Eurostat; UNCTAD, Other | |||
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Economic Data | Year | Amount | Year | Amount | |
Host Country Gross Domestic Product (GDP) (USD) | 2019 | $63 billion | 2019 | 63.177 billion | www.worldbank.org/en/country |
Foreign Direct Investment | Host Country Statistical source | USG or international statistical source | USG or international Source of data: BEA; IMF; Eurostat; UNCTAD, Other | ||
U.S. FDI in partner country (USD, stock positions) | N/A | N/A | 2019 | $1,510 million | BEA data available at https://apps.bea.gov/ international/factsheet/ |
Host country’s FDI in the United States (USD, stock positions) | N/A | N/A | 2019 | $1 million | BEA data available at https://www.bea.gov/international/ direct-investment-and-multinational- enterprises-comprehensive-data |
Total inbound stock of FDI as % host GDP | N/A | N/A | 2019 | 1.7% | UNCTAD data available at https://stats.unctad.org/ handbook/EconomicTrends/Fdi.html |
* Source for Host Country Data: host country data not publicly available.
Table 3: Sources and Destination of FDI
There is no data for Tanzania in the IMF’s Coordinated Direct Investment Survey (CDIS).
According to the Bank of Tanzania, the top sources for inward foreign investment into Tanzania are South Africa, Canada, Nigeria, Netherlands, United Kingdom, Mauritius, Kenya, United States, Vietnam, and France.
Data on outward direct investment is not available.
Table 4: Sources of Portfolio Investment
There is no data for Tanzania in the IMF’s Coordinated Direct Investment Survey (CDIS).