The Exports Control Act

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CHAPTER 381
THE EXPORTS CONTROL ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Appointment of Exports Controller and Assistant Controllers.
4. Prohibition of export-controlled goods except under licence.
5. Open general licence.
6. Application for export licence.
7. Issue of export licence.
8. Special provision regarding issue of export licence.
9. Validity of licence.
10. Extension of licence in particular cases.
11. Cancellation of licence.
12. Production of export licence.
13. Offence not to comply with conditions of licence.
14. False information.
15. Prohibition of transfer of licence.
16. Prohibition of exports.
17. Export licence does not authorise exportation of prohibited goods.
18. Cases in which export licence is not required.
19. Penalty.
20. Offences committed by company, firm, etc.
21. Powers of entry.
22. Directions by Exports Controller.
SCHEDULE

icence is not required.
19. Penalty.
20. Offences committed by company, firm, etc.
21. Powers of entry.
22. Directions by Exports Controller.
SCHEDULE

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1.–(1) This Act may be cited as the Export Control Act. (2) [Omitted.]
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. 3.–(1) The President may appoint an Exports Controller
and the Exports Controller may appoint Assistant Exports
Controllers for purposes of this Act.

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
Short title
Ord. No. 40 of 1956
Interpretation
C.A. Act No. 2 of 1962 s. 8(b)
Appointment
of Exports
Controller
and Assistant
Controllers
C.A. Act No. 2 of 1962 s. 8(b)
CHAPTER 381
THE EXPORTS CONTROL ACT
An Act to make provision for the control of exports and related matters. [27th December, 1950]
[GN. No. 296 of 1950]
Ords. Nos. 34 of 1950
11 of 1951
40 of 1956
[R.L. Cap. 293]
C.A. Act No. 2 of 1962
GNs. Nos. 313 of 1950
147 of 1965

mber, 1950]
[GN. No. 296 of 1950]
Ords. Nos. 34 of 1950
11 of 1951
40 of 1956
[R.L. Cap. 293]
C.A. Act No. 2 of 1962
GNs. Nos. 313 of 1950
147 of 1965

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THE EXPORTS CONTROL ACT [CAP. 381 R.E. 2023]
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.–(1) The President may, by order published in the Gazette,
declare any goods to be export-controlled goods for purposes
of this Act.

uch delegation. 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.

ortation of such export-controlled goods has been
authorised by an open general licence issued by the Controller
under the provisions of section 5. 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
Prohibition of
export-controlled
goods except
under licence
C.A. Act No. 2 of 1962 s. 8(b)
Open general
licence

cified in the open
general licence; or
Prohibition of
export-controlled
goods except
under licence
C.A. Act No. 2 of 1962 s. 8(b)
Open general
licence

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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. 6. An application for an export licence shall be made in form
and contain particulars as the Controller may direct. 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.

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.

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. Application for
export licence
Issue of export
licence
GN. No. 313 of 1950;
Ord. No. 11 of 1951 s. 2
Special provision
regarding issue of
export licence

plication for
export licence
Issue of export
licence
GN. No. 313 of 1950;
Ord. No. 11 of 1951 s. 2
Special provision
regarding issue of
export licence

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THE EXPORTS CONTROL ACT [CAP. 381 R.E. 2023]
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. 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.

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.

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. Validity of licence
Ord. No. 11 of 1951 s. 3
Extension
of licence in
particular cases
Cancellation of
licence

goods to a destination outside Tanzania. Validity of licence
Ord. No. 11 of 1951 s. 3
Extension
of licence in
particular cases
Cancellation of
licence

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THE EXPORTS CONTROL ACT [CAP. 381 R.E. 2023]
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. 13.

oms 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. 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. 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. Production of
export licence
Offence not to
comply with
conditions of
licence
False information

tisfy himself of the
genuineness of any such document. Production of
export licence
Offence not to
comply with
conditions of
licence
False information

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THE EXPORTS CONTROL ACT [CAP. 381 R.E. 2023]
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. 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. 17.

r attempts to export any
such goods from Tanzania in contravention of the said order
or any provision thereof commits an offence against this Act. 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. 18. Notwithstanding the other provisions of this Act, an export
licence shall not be required in respect of the exportation of
the following goods:
(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
Prohibition of
transfer of licence
Prohibition of
exports
Export licence
does not
authorise
exportation of
prohibited goods
Cap. 403
Cases in which
export licence is
not required
Cap. 403

ohibition of
exports
Export licence
does not
authorise
exportation of
prohibited goods
Cap. 403
Cases in which
export licence is
not required
Cap. 403

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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.–(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.

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. 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. 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
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

hat an offence under this Act
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

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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.

orts
Controller or any other person lawfully exercising any power
conferred by subsection (1) of this section commits an offence
against this Act. 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

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