The Mutual Assistance in Criminal Matters Act

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CHAPTER 254
THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title. 2. Interpretation. 3. Application of Act. 4. Aspects of mutual assistance. 5. Act not to prevent other provision of mutual assistance. 6. Refusal of assistance. 7. Assistance may be conditional. 8. Request by Tanzania. 9. Functions of Director of Public Prosecutions. 10. Request for assistance by foreign country. 11. Confidentiality. 12. Language. 13. Costs. part ii
ASSISTANCE IN RELATION TO TAKING OF EVIDENCE AND
PRODUCTION OF DOCUMENTS OR OTHER ARTICLES
14. Request by Tanzania for taking of evidence. 15. Requests for evidence by foreign country. part iii
ASSISTANCE IN RELATION TO SEARCH AND SEIZURE
16. Requests by Tanzania for search and seizure. 17. Requests by foreign countries for search and seizure. part iv
ARRANGEMENT FOR PERSONS TO GIVE EVIDENCE OR
ASSIST IN INVESTIGATIONS
18. Request for removal of certain persons to Tanzania. 19.

and seizure. part iv
ARRANGEMENT FOR PERSONS TO GIVE EVIDENCE OR
ASSIST IN INVESTIGATIONS
18. Request for removal of certain persons to Tanzania. 19.

Arrangements between Director of Public Prosecutions and Minister in
relation to custody of certain persons.

Arrangements between Director of Public Prosecutions and Minister in
relation to custody of certain persons.

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194
20. Custody of certain persons. 21. Immunities. 22. Status of person prosecuted for offence committed after departure from
foreign country. 23. Limitation on use of evidence given by certain persons. 24. Conditions of imprisonment. 25. Release of person from custody. 26. Escaping. 27. Arrest of person who has escaped from custody. 28. Requests for giving of evidence at hearing in foreign country. 29. Requests for assistance in relation to investigations in foreign countries. 30. Evidence by video conferencing. 31. Effect of removal to foreign country on prisoner’s term of imprisonment. part v
CUSTODY OF PERSONS IN TRANSIT
32. Transit. 33. Escaping. 34. Arrest of person in transit. part vi
PROCEEDS OF CRIME
35. Requests for enforcement of orders. 36. Requests for issue of orders in foreign countries. 37. Registration of orders. 38. Sharing of proceeds. 39. Requests for search and seizure warrants in respect of tainted property. 40. Requests for interim restraining orders. 41.

38. Sharing of proceeds. 39. Requests for search and seizure warrants in respect of tainted property. 40. Requests for interim restraining orders. 41.

Requests for information gathering orders. part vii
MISCELLANEOUS PROVISIONS
42. Service of documents. 43. Evidence. 44. Authentication of documents. 45. Authentication of witness statement, deposition or affidavit. 46. Electronic record or data. 47. Other forms of evidence. 48. Regulations.

uments. 45. Authentication of witness statement, deposition or affidavit. 46. Electronic record or data. 47. Other forms of evidence. 48. Regulations.

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Mutual Assistance in Criminal
Matters Act. 2.–(1) In this Act, unless the context requires otherwise-
“appropriate authority” means the authority of a foreign
country which is authorised in terms of its law to make
requests;
“criminal matter” shall be construed accordingly;
“dealing with property” includes removing the property from
the United Republic or receiving or making a gift of it;
“financial institution” means a bank or other financial institution
authorised as such under the Banking and Financial
Institutions Act;
“foreign forfeiture order” means an order registered in the
United Republic in terms of section 37(1) for the forfeiture
of property located in the United Republic in respect of a
foreign serious offence;
“foreign restraining order” means an order registered in the
United Republic in terms of section 37(2) in respect of a
Short title
Interpretation
Act No. 7 of 2018
ss. 35 and 36
Cap.

s an order registered in the
United Republic in terms of section 37(2) in respect of a
Short title
Interpretation
Act No. 7 of 2018
ss. 35 and 36
Cap.

342
CHAPTER 254
THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT
An Act to provide for mutual assistance in criminal matters between
Tanzania and foreign countries; to facilitate the provision and obtaining
by Tanzania of such assistance and to provide for related matters. [1st May, 1994]
[GN. No. 299 of 1994]
Acts Nos. 24 of 1991
2 of 2007
7 of 2018
2 of 2022

nzania of such assistance and to provide for related matters. [1st May, 1994]
[GN. No. 299 of 1994]
Acts Nos. 24 of 1991
2 of 2007
7 of 2018
2 of 2022

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reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E.

2023]
196
foreign serious offence and restraining any person from
dealing with any property referred to in the order;
“foreign pecuniary penalty order” means an order imposing
a pecuniary penalty in respect of a foreign serious offence
and registered in the United Republic in terms of section
37(1) but does not include an order for the payment of
money by way of compensation, restitution or damages;
“foreign serious offence” means a serious offence against a
law of a foreign country;
“magistrate” means a district magistrate or resident magistrate
as defined in the Magistrate’s Courts Act;
“Minister” means the Minister responsible for legal affairs;
“money-laundering offence”, in relation to the proceeds of
a serious narcotics offence, means an offence involving-
(a) the engaging, directly or indirectly, in a transaction
which involves money or other property, which is, in
terms of the Proceeds of Crime Act;
(b) the receiving, possessing, concealing, disposing of
property, which is proceeds of crime in terms of the
Proceeds of Crime Act;
“monitoring order” has the meaning assigned to it in the
Proceeds of Crime Act;
“pecuniary penalty order” has the meaning assigned to it in
the Proceeds of Crime Act;
“police officer” means any member of the Police Force of or
above the rank of corporal;
“property-tracking document” has the meaning assigned to
it in the Proceeds of Crime Act;
“restraining order” has the meaning assigned to it in the
Proceeds of Crimes Act;
“serious narcotic drugs and psychotropic substances offence”
has the meaning assigned to it in the Proceeds of Crime Act;
“serious offence” has the meaning assigned to it under the
Proceeds of Crime Act;
“tainted property” has the meaning assigned to it in the
Proceeds of Crime Act.

fence” has the meaning assigned to it under the
Proceeds of Crime Act;
“tainted property” has the meaning assigned to it in the
Proceeds of Crime Act.

Cap. 11
Cap. 256
Cap. 256
Cap. 256
Cap. 256
Cap. 256
Cap. 256
Cap. 256
Cap. 256

Cap. 11
Cap. 256
Cap. 256
Cap. 256
Cap. 256
Cap. 256
Cap. 256
Cap. 256
Cap. 256

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THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
(2) A reference in this Act to a law of a foreign country shall
include a reference to a law of a part of, or a law in force in a
part of, the foreign country. (3) For purposes of this Act-
(a) a colony, territory or protectorate of a foreign country;
(b) a territory for the international relations of which a
foreign country is responsible; or
(c) a ship or aircraft of, or registered in a foreign country,
shall, unless a contrary intention appears, be deemed to be
part of that country. 3.–(1) Subject to subsections (2) and (3), whenever the
Minister is satisfied that reciprocal provisions have been made
by any foreign country to facilitate the provision to Tanzania
of assistance in criminal matters, he may, by order published in
the Gazette, declare that the provisions of this Act shall apply
in relation to that foreign country.

criminal matters, he may, by order published in
the Gazette, declare that the provisions of this Act shall apply
in relation to that foreign country.

(2) The Minister may, by order published in the Gazette,
direct that the application of this Act in relation to a specified
foreign country shall be subject to such conditions or
modifications as may be specified in the statutory instrument,
and thereupon this Act shall apply accordingly. (3) This section shall not apply to Part II. 4. For purposes of this Act, mutual assistance in criminal
matters shall include-
(a) the obtaining of evidence, documents or other articles;
(b) the provision of documents and other records;
(c) the location and identification of witnesses or suspects;
(d) the execution of requests for search and seizure;
(e) the making of arrangements for persons to give evidence
or assist in investigations;
(f) the forfeiture or confiscation of property in respect of
offences;
(g) the recovery of pecuniary penalties in respect of offences;
Application of Act
Aspects of mutual
assistance
Acts Nos. 7 of 2018
ss. 35 and 37;
2 of 2022 s.32

overy of pecuniary penalties in respect of offences;
Application of Act
Aspects of mutual
assistance
Acts Nos. 7 of 2018
ss. 35 and 37;
2 of 2022 s.32

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198
(h) the restraining order of dealings in property, or the
freezing of assets, that may be forfeited or confiscated,
or that may be needed to satisfy pecuniary penalties
imposed, in respect of offences;
(i) preserving and obtaining all forms of computer and
telecommunication data;
(j) interception of postal items;
(k) interception of communications data;
(l) covert electronic surveillance;
(m) facilitating the taking of evidence by video conference;
(n) carrying out undercover operations and controlled
delivery;
(o) the location of property that may be forfeited, or that
may be needed to satisfy pecuniary penalties imposed,
in respect of offences; and
(p) the service of documents. 5. This Act shall not be construed as preventing the provision
or obtaining of assistance in criminal matters under a separate
agreement, arrangement or practice with another foreign state
otherwise than as provided in this Act.

assistance in criminal matters under a separate
agreement, arrangement or practice with another foreign state
otherwise than as provided in this Act.

6.–(1) A request by a foreign country for assistance under this
Act shall be refused if, in the opinion of the Director of Public
Prosecutions-
(a) the request relates to the prosecution or punishment of a
person for an offence that is, by reason of the circumstances
in which it is alleged to have been committed or was
committed, an offence of a political character;
(b) there are reasonable grounds for believing that the
request has been made with a view to prosecuting or
punishing a person for an offence of a political character;
(c) there are reasonable grounds for believing that the
request was made for the purpose of prosecuting,
punishing or otherwise causing prejudice to a person
on account of his race, sex, religion, nationality or
political opinions;
Act not to prevent
other provision of
mutual assistance
Act No. 7 of 2018 s.38
Refusal of
assistance
Act No. 7 of 2018 s.35

ity or
political opinions;
Act not to prevent
other provision of
mutual assistance
Act No. 7 of 2018 s.38
Refusal of
assistance
Act No. 7 of 2018 s.35

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THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
(d) the request relates to prosecution or punishment of
a person in respect of an act or omission that, if it
had occurred in Tanzania, would have constituted an
offence under the military law of Tanzania but not
under the ordinary criminal law of Tanzania;
(e) the granting of the request would prejudice public
safety, public order, defence or the economic interests
of Tanzania;
(f) the request relates to the prosecution of a person for an
offence in a case where the person has been acquitted
or pardoned by a competent court or authority in the
foreign country or has undergone the punishment
provided by the law of that country, in respect of that
offence or of another offence constituted by the same
act or omission as that offence; or
(g) except in the case of a request under section 15, the
foreign country is not a country to which this Act applies.

or omission as that offence; or
(g) except in the case of a request under section 15, the
foreign country is not a country to which this Act applies.

(2) A request by a foreign country for assistance under this
Act may be refused if in the opinion of the Director of Public
Prosecutions-
(a) the request relates to the prosecution or punishment
of a person in respect of an act or omission that, if it
had occurred in Tanzania would not have constituted
an offence against the law of Tanzania;
(b) the request relates to the prosecution or punishment of a
person in respect of an act or omission that occurred, or
is alleged to have occurred, outside the foreign country
and a similar act or omission occurring outside Tanzania
in similar circumstances would not have constituted an
offence against the law of Tanzania;
(c) the request relates to the prosecution or punishment in
respect of an act or omission where, if it had occurred in
Tanzania at the same time and had constituted an offence
against the law of Tanzania, the person responsible could
no longer be prosecuted by reason of lapse of time or any
other reason;

nstituted an offence
against the law of Tanzania, the person responsible could
no longer be prosecuted by reason of lapse of time or any
other reason;

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200
(d) the provision of the assistance could prejudice an
investigation or proceedings in relation to a criminal
matter in Tanzania;
(e) the provision of the assistance would, or would be
likely to prejudice the safety of any person, whether in
or outside Tanzania; or
(f) the provision of the assistance would impose an excessive
burden on the resources of Tanzania. 7. Assistance in terms of this Act may be provided to a foreign
country subject to such conditions as the Director of Public
Prosecutions may determine. 8. Any request by Tanzania for assistance in any criminal
matter in terms of this Act shall be made by the Director of
Public Prosecutions. 9.

ermine. 8. Any request by Tanzania for assistance in any criminal
matter in terms of this Act shall be made by the Director of
Public Prosecutions. 9.

Subject to the provisions of the Extradition Act, the Director
of Public Prosecutions shall, in the performance of his
functions under this Act-
(a) ensure that requests for legal assistance conform to the
requirements of the laws of the United Republic and
international obligations;
(b) transmit and receive requests for legal assistance and
execute or arrange for the execution of such requests
directly with foreign countries;
(c) where necessary, certify or authenticate or arrange for
the certification or authentication of any document
or other material supplied in response to a request for
legal assistance;
(d) take practical measures to facilitate the orderly and
rapid disposition of requests for legal assistance;
(e) negotiate and agree on conditions related to requests
for legal assistance as well as ensuring compliance with
those conditions;
(f) make any arrangements deemed necessary in order to
transmit the evidentiary material gathered in response
Assistance may
be conditional
Act No. 7 of 2018 s.35
Request by
Tanzania
Act No. 7 of 2018 s.35
Functions of
Director of Public
Prosecutions
Act No. 7 of 2018 s.39
Cap. 368

itional
Act No. 7 of 2018 s.35
Request by
Tanzania
Act No. 7 of 2018 s.35
Functions of
Director of Public
Prosecutions
Act No. 7 of 2018 s.39
Cap. 368

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THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
to a request for legal assistance to a requesting state or
to authorise any other authority to do so; and
(g) carry out such other tasks as provided for by this Act
or which may be necessary for effective execution of
mutual legal assistance. [s. 8A]
10.–(1) A request by the appropriate authority of a foreign
country for assistance in a criminal matter shall be made to
the Director of Public Prosecutions.

A request by the appropriate authority of a foreign
country for assistance in a criminal matter shall be made to
the Director of Public Prosecutions.

(2) A request made in terms of subsection (1), shall contain
or be accompanied by a document giving the following
information:
(a) the name of the authority concerned with the criminal
matter to which the request relates;
(b) a description of the nature of the criminal matter and a
summary of the relevant facts and laws;
(c) a description of the purpose of the request and the
nature of the assistance being sought;
(d) details of the procedure that the foreign country wishes
to be followed by Tanzania in giving effect to the request
including details of the manner and form in which any
information, document or thing is to be supplied to the
foreign country pursuant to the request;
(e) the wishes of the foreign country concerning the
confidentiality of the request and the reasons for those
wishes;
(f) details of the period within which the foreign country
wishes that the request be complied with;
(g) if the request involves a person travelling from Tanzania
to the foreign country, details of allowances to which
the person will be entitled and of the arrangements for
accommodation for the person, while the person is in
the foreign country pursuant to the request;
(h) the nature of the criminal matters and whether or not
criminal proceedings have been instituted;
Request for
assistance by
foreign country
Act No.

(h) the nature of the criminal matters and whether or not
criminal proceedings have been instituted;
Request for
assistance by
foreign country
Act No.

7 of 2018
ss. 35 and 40

7 of 2018
ss. 35 and 40

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202
(i) where criminal proceedings have not been instituted,
the offence which the foreign country believes has been,
is being or will be committed, together with a summary
of known facts;
(j) where criminal proceedings have been instituted-
(i) the court exercising jurisdiction in the proceedings;
(ii) the identity of the accused person;
(iii) the offence of which the person stands accused,
and a summary of the facts and the penalties which
may be imposed;
(iv) the stage reached in the proceedings; and
(v) any date fixed for further stages in the proceedings;
(k) any other information required to be included with the
request under a treaty or other arrangement between
Tanzania and the foreign country; and
(l) any other information that may assist in giving effect to
the request, but failure to comply with this subsection
shall not be a ground for refusing the request. [s. 9]
11.

that may assist in giving effect to
the request, but failure to comply with this subsection
shall not be a ground for refusing the request. [s. 9]
11.

The confidentiality of a request and its contents and the
information and materials supplied under this Act shall
be maintained except for disclosure in the criminal matter
specified in the request and where otherwise authorised by the
requesting state. [s. 9A]
12. All documents in support of a request for assistance under
this Act shall be either in English or Kiswahili language. [s. 9B]
13.–(1) Ordinary costs for executing a request shall be borne
by the United Republic, unless otherwise determined by
United Republic and a requesting state. (2) Where expenses of a substantial or extraordinary nature
are or will be required to execute the request, the requesting
Confidentiality
Act No. 7 of 2018 s.41
Language
Act No. 7 of 2018 s.41
Costs
Act No. 7 of 2018 s.41

be required to execute the request, the requesting
Confidentiality
Act No. 7 of 2018 s.41
Language
Act No. 7 of 2018 s.41
Costs
Act No. 7 of 2018 s.41

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THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
state shall consult in advance with the view to negotiating and
agreeing on the manner in which the costs shall be borne. (3) For purposes of subsection (2), substantial or extraordinary
expenses may include-
(a) fees and reasonable expenses of expert witnesses;
(b) any travelling costs to enable a witness to travel to the
requesting country to assist in a criminal investigation
or criminal proceedings;
(c) cost of establishing and operating live video links;
(d) costs of temporarily transferring persons in custody
subject to a request under this Act;
(e) costs incurred for the interception of electronic
communication; and
(f) costs incurred for conducting surveillance. [s. 9C]
PART II
ASSISTANCE IN RELATION TO TAKING
OF EVIDENCE AND PRODUCTION OF
DOCUMENTS OR OTHER ARTICLES
14.

s incurred for conducting surveillance. [s. 9C]
PART II
ASSISTANCE IN RELATION TO TAKING
OF EVIDENCE AND PRODUCTION OF
DOCUMENTS OR OTHER ARTICLES
14.

The Director of Public Prosecutions may request an
appropriate authority of a foreign country to arrange for-
(a) evidence to be taken in the foreign country; or
(b) documents or other articles in the foreign country to
be produced, for purposes of proceedings in relation to
a criminal matter in Tanzania. [s. 10]
15.–(1) Where a request is made by the appropriate authority of
foreign country for-
(a) evidence to be taken or collected in Tanzania; or
(b) documents or other articles in Tanzania to be produced
for purposes of proceedings or investigation in relation
to a criminal matter in a foreign country,
Request by
Tanzania
for taking of
evidence
Act No. 7 of 2018 s.35
Requests for
evidence by
foreign country
Act No. 7 of 2018
ss. 35 and 42

gn country,
Request by
Tanzania
for taking of
evidence
Act No. 7 of 2018 s.35
Requests for
evidence by
foreign country
Act No. 7 of 2018
ss. 35 and 42

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204
the Director of Public Prosecutions may, subject to such terms
and conditions as he may determine, authorise the taking or
collection of the evidence or production of the documents or
other articles, and the transmission of the evidence, documents
or other articles to the foreign country.

e evidence or production of the documents or
other articles, and the transmission of the evidence, documents
or other articles to the foreign country.

(2) Where the Director of Public Prosecutions authorises the
taking or collection of evidence or the production of documents
or other articles in terms of subsection (1)-
(a) in the case of the taking of evidence, a magistrate may take
the evidence on oath of each witness appearing before
him to give evidence in relation to the matter, and shall-
(i) cause the evidence to be put in writing and certify
that the evidence was taken by him; and
(ii) cause the evidence so certified to be sent to the
Director of Public Prosecutions;
(b) in the case of the production of documents or other
articles, a magistrate may, subject to subsection (6),
require the production of the documents or other
articles and shall send the documents, or copies of the
documents certified by him to be true copies, or the
other articles, to the Director of Public Prosecutions; or
(c) if the laws of a requesting country do not require
evidence to be taken before a magistrate on oath
instead of following the process in paragraph (a) an
investigation officer may-
(i) interview a person and record his statement;
(ii) collect documents, articles or other materials; and
(iii) certify that the statement was recorded or the
article was collected by him.

statement;
(ii) collect documents, articles or other materials; and
(iii) certify that the statement was recorded or the
article was collected by him.

(3) The evidence of any witness may be taken in the
presence or absence of the person to whom the proceedings
in the foreign country relate or in the presence of his legal
representative, if any. (4) The magistrate conducting proceedings in terms of
subsection (2), may permit-

untry relate or in the presence of his legal
representative, if any. (4) The magistrate conducting proceedings in terms of
subsection (2), may permit-

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THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
(a) any other person giving evidence or producing documents
or other articles at the proceedings before him; and
(b) the appropriate authority of the foreign,
to be legally represented at the proceedings. (5) The certificate by the magistrate made in terms of
subsection (2), shall state whether, when the evidence was
taken or the documents or other articles were produced-
(a) the person to whom the proceedings in the foreign
country relate or his legal representative; or
(b) any person other than the person giving evidence
or producing documents or other articles his legal
representative,
was present.

epresentative; or
(b) any person other than the person giving evidence
or producing documents or other articles his legal
representative,
was present.

(6) Subject to subsection (7), the laws of Tanzania with respect
to the compelling of persons to attend before a magistrate, and
to give evidence, answer questions and produce documents or
other articles, upon the hearing of a charge against a person
for any offence shall, mutatis mutandis, apply with respect to
the compelling of persons to attend before a magistrate and to
giving evidence, answering questions and the production of
documents or other articles, for the purposes of this section. (7) For purposes of this section, the person to whom the
proceedings in the foreign country relate shall be competent
but not compellable to give evidence. [s. 11]
PART III
ASSISTANCE IN RELATION TO
SEARCH AND SEIZURE
16.–(1) This section applies to proceedings or investigations
relating to a serious offence against the law of Tanzania if
there are reasonable grounds to believe that a thing relevant to
the proceedings or investigations may be located in a foreign
country to which this Act applies. Requests by
Tanzania for
search and
seizure
Act No. 7 of 2018 s.35

gs or investigations may be located in a foreign
country to which this Act applies. Requests by
Tanzania for
search and
seizure
Act No. 7 of 2018 s.35

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206
(2) Subject to subsection (1), the Director of Public
Prosecutions may request an appropriate authority of a
foreign country to obtain a warrant or other instrument
authorising the search for a thing relevant to the proceedings
or investigation and, if such a thing, or any other thing that is
or may be relevant to the proceedings or investigation, as the
case may be, is found pursuant to such a search, authorising
the seizure of that thing. (3) A request shall be accompanied by an affidavit of a
person verifying the grounds on which the request is made. [s.

sing
the seizure of that thing. (3) A request shall be accompanied by an affidavit of a
person verifying the grounds on which the request is made. [s.

12]
17.–(1) Where-
(a) proceedings have, or an investigation relating to a criminal
matter involving a serious offence has, commenced in a
foreign country;
(b) there are reasonable grounds to believe that a thing
relevant to the proceedings or investigation is located
in Tanzania; and
(c) the appropriate authority of the foreign country requests
the Director of Public Prosecutions to arrange for the
issue of a search warrant in terms of this section in
relation to that thing,
the Director of Public Prosecutions may, in writing, authorise
a police officer to apply to a magistrate in the area in which
that thing is believed to be located for the search warrant
requested by the foreign country. (2) Where a police officer authorised under subsection (1)
has reason to believe that the thing to which the request relates
is or will be, at a specified time-
(a) on a person;
(b) in the clothing that is being worn by a person; or
(c) otherwise in a person’s immediate control,
the police officer may lay before a magistrate information on
oath setting out the grounds for that belief and apply for the
Requests by
foreign countries
for search and
seizure
Act No. 7 of 2018 s.35

ormation on
oath setting out the grounds for that belief and apply for the
Requests by
foreign countries
for search and
seizure
Act No. 7 of 2018 s.35

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THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
issue of a warrant in terms of this section to search the person
for that thing. (3) Where an application is made in terms of subsection (2),
the magistrate may, subject to subsection (6), issue a warrant
authorising a police officer-
(a) to search the person for the thing; and
(b) to seize anything found in the course of the search that
the police officer believes, on reasonable grounds,
to be relevant to the proceedings or investigation. (4) Where a police officer authorised in terms of subsection
(1) has reason to believe that the thing to which the request
relates is or will be at a specified time, upon any land or in any
premises, the police officer may-
(a) lay before a magistrate information on oath setting out
the grounds for that belief; and
(b) apply for the issue of a warrant in terms of this section
to search the land or premises for that thing.

ting out
the grounds for that belief; and
(b) apply for the issue of a warrant in terms of this section
to search the land or premises for that thing.

(5) Where an application is made in terms of subsection (4),
the magistrate may, subject to subsection (6), issue a warrant
authorising a police officer-
(a) to enter upon the land or upon or into the premises;
(b) to search the land or premises for the thing; and
(c) to seize anything found in the course of the search that
the police officer believes, on reasonable ground, to be
relevant to the proceedings or investigation. (6) A magistrate shall not issue a warrant in terms of this
section unless-
(a) the informant or some other person has given to the
magistrate, either orally or by affidavit, such further
information, if any, as the magistrate may require
concerning the grounds on which the issue of the
warrant is sought; and
(b) the magistrate is satisfied that there are reasonable
grounds for issuing the warrant.

he grounds on which the issue of the
warrant is sought; and
(b) the magistrate is satisfied that there are reasonable
grounds for issuing the warrant.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
208
(7) There shall be stated in a warrant issued in terms of this
section-
(a) the purpose for which the warrant is issued, including a
reference to the nature of the criminal matter in relation
to which the search is authorised;
(b) whether the search is authorised at any time of the day
or night or during specified hours of the day or night;
(c) a description of the kind of things authorised to be
seized; and
(d) a day, not being later than one month after the issue of
the warrant, on which the warrant ceases to have effect.

ngs authorised to be
seized; and
(d) a day, not being later than one month after the issue of
the warrant, on which the warrant ceases to have effect.

(8) Where in the course of searching under a warrant issued
in terms of this section for a thing of a kind specified in the
warrant, the police officer finds another thing that the police
officer believes on reasonable grounds-
(a) to be relevant to the proceedings or investigation in
the foreign country or to afford evidence as to the
commission of an offence in Tanzania; and
(b) is likely to be concealed, lost or destroyed if it is not
seized,
the warrant shall be deemed to authorise the police officer to
seize the other thing. (9) Where a police officer finds, as a result of a search in
accordance with a warrant issued in terms of this section, a
thing which the police officer seizes wholly or partly because he
believes on reasonable grounds the thing to be relevant to the
proceedings or investigation in the foreign country, the police
officer shall deliver the thing into the custody and control of
the Inspector General of Police.

s or investigation in the foreign country, the police
officer shall deliver the thing into the custody and control of
the Inspector General of Police.

(10) Where a thing is delivered into the custody and control
of the Inspector General of Police in terms of subsection (9),
the Inspector General of Police shall arrange for the thing to
be kept for a period not exceeding one month from the day on
which the thing was seized, pending a direction in writing from

arrange for the thing to
be kept for a period not exceeding one month from the day on
which the thing was seized, pending a direction in writing from

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.209
THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
the Director of Public Prosecutions as to the manner in which
the thing is to be dealt with, which may include a direction that
the thing be sent to an authority of a foreign country. (11) A police officer who executes a search warrant issued in
terms of subsection (3) or (5) shall, as soon as practicable after
the execution of the warrant, give to the person searched, or
to the owner or occupier of the land or premises searched, or
leave in a prominent position on such land or at such premises,
as the case requires, a notice setting out-
(a) the name and rank of the police officer;
(b) the name of the magistrate who issued the warrant and
the day on which it was issued; and
(c) a description of anything seized and removed in
accordance with the warrant.

strate who issued the warrant and
the day on which it was issued; and
(c) a description of anything seized and removed in
accordance with the warrant.

(12) A police officer acting in accordance with a warrant
issued in terms of subsection (3) may remove, or require
a person to remove, any of the clothing that the person is
wearing but only if the removal of the clothing is necessary
and reasonable for an effective search of the person in terms
of the warrant. (13) A person shall not be searched under a warrant issued
in terms of subsection (3) except by a person of the same sex
and the search shall be conducted with strict regard to decency. (14) This section shall not be taken to authorise a police
officer, in executing a warrant issued in terms of subsection
(3), to carry out a search by way of an examination of a body
cavity of a person. (15) Where a police officer is authorised under a warrant
issued in terms of subsection (3) to search a person, the police
officer may also search-
(a) the clothing that is being worn by the person; and
(b) any property in, or apparently in, the person’s immediate
control. [s. 13]

may also search-
(a) the clothing that is being worn by the person; and
(b) any property in, or apparently in, the person’s immediate
control. [s. 13]

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210
PART IV
ARRANGEMENT FOR PERSONS TO GIVE
EVIDENCE OR ASSIST IN INVESTIGATIONS
18.–(1) Where-
(a) proceedings relating to a criminal matter have commenced
in Tanzania; and
(b) the Director of Public Prosecutions is of the opinion
that a person who is in a foreign country to which this
Act applies-
(i) is a foreign prisoner;
(ii) is capable of giving evidence relevant to the
proceedings; and
(iii) has given his consent to being removed to Tanzania
for the purpose of giving evidence in the proceedings,
the Director of Public Prosecutions may request the appropriate
authority of the foreign country to authorise the attendance
of the person at the proceedings relating to or in connection
with the criminal matter.

e
authority of the foreign country to authorise the attendance
of the person at the proceedings relating to or in connection
with the criminal matter.

(2) Where-
(a) an investigation relating to a criminal matter has
commenced in Tanzania; and
(b) the Director of Public Prosecutions is of the opinion
that a person who is in a foreign country to which this
Act applies-
(i) is a foreign prisoner;
(ii) is capable of giving assistance in relation to the
investigation; and
(iii) has given his consent for being removed to Tanzania
for the purpose of giving assistance in relation to
the investigation,
the Director of Public Prosecutions may request the appropriate
authority of the foreign country to authorise the removal of
the person to Tanzania for the purpose of giving assistance in
relation to the investigation. Request for
removal of
certain persons to
Tanzania
Act No. 7 of 2018 s.35

zania for the purpose of giving assistance in
relation to the investigation. Request for
removal of
certain persons to
Tanzania
Act No. 7 of 2018 s.35

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.211
THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
(3) Where the Director of Public Prosecutions makes a request
in terms of subsection (1) or (2), he may make arrangements
with an appropriate authority of the foreign country for-
(a) the removal of the person to Tanzania;
(b) the custody of the person while in Tanzania;
(c) the return of the person to the foreign country; or
(d) any other relevant matter. [s. 14]
19.–(1) The Director of Public Prosecutions may make
arrangements with the Minister in relation to the keeping in
custody of persons who are in Tanzania pursuant to requests
under section 18. (2) The Director of Public Prosecutions may arrange with
the Minister for the variation or revocation of arrangements
made in terms of subsection (1). [s. 15]
20.

ctor of Public Prosecutions may arrange with
the Minister for the variation or revocation of arrangements
made in terms of subsection (1). [s. 15]
20.

Where-
(a) a person is to be brought to Tanzania from a foreign
country pursuant to a request in terms of section 18;
and
(b) the foreign country requests that the person be kept in
custody while he is in Tanzania,
the person shall, while he is in Tanzania or travelling to or
from Tanzania pursuant to the request, be kept in such custody
as the Director of Public Prosecutions may direct in writing. [s. 16]
21.–(1) Where a person is in Tanzania-
(a) pursuant to a request in terms of section 18; or
(b) to give evidence in proceedings or to give assistance in
relation to an investigation pursuant to request made
by or on behalf of the Director of Public Prosecutions,
not being a request in terms of section 18, for assistance
in a criminal matter,
Arrangements
between Director
of Public
Prosecutions
and Minister
in relation to
custody of certain
persons
Act No. 7 of 2018 s.35
Custody of
certain persons
Act No. 7 of 2018 s.35
Immunities
Act No. 7 of 2018 s.35

r
in relation to
custody of certain
persons
Act No. 7 of 2018 s.35
Custody of
certain persons
Act No. 7 of 2018 s.35
Immunities
Act No. 7 of 2018 s.35

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
212
the person, subject to subsection (2), shall not be detained,
prosecuted or punished in Tanzania for any offence that is
alleged to have been committed before the person’s departure
from the foreign country pursuant to the request, or be
subjected to any civil suit in respect of any act or omission of
the person that is alleged to have occurred before the person’s
departure from the foreign country pursuant to the request,
or be required to give evidence in any proceedings in Tanzania
other than the proceedings to which the request relates.

untry pursuant to the request,
or be required to give evidence in any proceedings in Tanzania
other than the proceedings to which the request relates.

(2) Subsection (1) shall cease to apply to a person-
(a) once the person has left Tanzania; or
(b) where the person has had the opportunity to leave
Tanzania but has remained in Tanzania otherwise than
for-
(i) the purpose to which the request related;
(ii) the purpose of giving evidence in proceedings
in Tanzania certified by the Director of Public
Prosecutions, in writing, to be proceedings in which
it is desirable that the person give evidence; or
(iii) the purpose of giving assistance in relation to
an investigation in Tanzania certified by the
Director of Public Prosecutions, in writing, to be
an investigation in relation to which it is desirable
that the person give assistance. (3) A certificate given by the Director of Public Prosecutions
for purposes of subparagraph (ii) or (iii) of paragraph (b) of
subsection (2) shall have effect from the day specified in the
certificate. [s.

cutions
for purposes of subparagraph (ii) or (iii) of paragraph (b) of
subsection (2) shall have effect from the day specified in the
certificate. [s.

17]
22.–(1) Where a person has come to Tanzania pursuant to a
request to a foreign country in terms of section 18, the person
shall be taken, for the purposes of this Act, to be in Tanzania
pursuant to the request during any period which the person
remains in Tanzania for the purpose of being tried for a Tanzania
criminal offence that the person is alleged to have committed
after his arrival in Tanzania from the foreign country. Status of person
prosecuted
for offence
committed after
departure from
foreign country
Act No. 7 of 2018 s.35

al in Tanzania from the foreign country. Status of person
prosecuted
for offence
committed after
departure from
foreign country
Act No. 7 of 2018 s.35

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.213
THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
(2) Without limiting the generality of subsection (1) the
person shall be kept in such custody as the Director of Public
Prosecutions directs in terms of section 20. [s. 18]
23. Where-
(a) a person is in Tanzania-
(i) pursuant to a request in terms of section 18;
(ii) to give evidence in proceedings, or to give assistance
in relation to an investigation pursuant to a request
made by or on behalf of the Director of Public
Prosecutions, not being a request in terms of
section 18, for assistance in criminal matters; or
(b) the person has given evidence in the proceedings to
which the request related or in proceedings certified
by the Director of Public Prosecutions in terms of
subparagraph (ii) of paragraph (b) of subsection (2) of
section 21 in relation to that person,
the evidence shall not be admitted or otherwise used in any
prosecution of the person for an offence against the law of
Tanzania other than the offence of perjury in relation to the
giving of that evidence. [s. 19]
24.

ion of the person for an offence against the law of
Tanzania other than the offence of perjury in relation to the
giving of that evidence. [s. 19]
24.

The provisions of the Prisons Act, relating to-
(a) the conditions of imprisonment of persons convicted
of offences;
(b) the treatment of any such persons during imprisonment;
and
(c) the transfer of any such persons from prison to prison,
shall, mutatis mutandis, apply in relation to a person who is
in Tanzania pursuant to a request in terms of section 18 and
who has been committed to a prison in accordance with a
direction of the Director of Public Prosecutions in terms of
this Act. [s. 20]
Limitation on
use of evidence
given by certain
persons
Act No. 7 of 2018 s.35
Conditions of
imprisonment
Act No. 7 of 2018 s.35
Cap. 158

Act. [s. 20]
Limitation on
use of evidence
given by certain
persons
Act No. 7 of 2018 s.35
Conditions of
imprisonment
Act No. 7 of 2018 s.35
Cap. 158

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214
25. Where-
(a) a person is being held in custody in accordance with
a direction of the Director of Public Prosecutions in
terms of section 20; and
(b) the foreign country from which the person has been
brought requests release from custody,
the Director of Public Prosecutions shall direct that the person
be released from custody. [s. 21]
26.–(1) A person who escapes from lawful custody while in
Tanzania pursuant to a request in terms of section 18 commits
an offence and on conviction shall be liable to imprisonment
for a term not exceeding two years. (2) Sections 35, 36 and 37 of the Criminal Procedure Act,
shall, mutatis mutandis, apply as if a reference in those sections
to custody in respect of any offence against the law of Tanzania
were a reference to custody while in Tanzania pursuant to a
request in terms of section 18. [s.

in respect of any offence against the law of Tanzania
were a reference to custody while in Tanzania pursuant to a
request in terms of section 18. [s.

22]
27.–(1) A police officer may, without warrant, arrest a person,
if the police officer has reasonable grounds to believe that the
person-
(a) has been brought to Tanzania pursuant to a request in
terms of section 18; and
(b) has escaped from lawful custody while in Tanzania
pursuant to the request. (2) A person who has been arrested in terms of subsection
(1) shall be returned to custody. [s. 23]
28.–(1) Where-
(a) proceedings relating to a criminal matter have commenced
in a foreign country;
(b) the appropriate authority of the foreign country
requests the attendance at a hearing in connection with
the proceedings of a prisoner who is in Tanzania;
Release of person
from custody
Act No. 7 of 2018 s.35
Escaping
Cap. 20
Arrest of person
who has escaped
from custody
Act No. 7 of 2018 s.35
Requests for
giving of evidence
at hearing in
foreign country
Act No. 7 of 2018 s.35

est of person
who has escaped
from custody
Act No. 7 of 2018 s.35
Requests for
giving of evidence
at hearing in
foreign country
Act No. 7 of 2018 s.35

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.215
THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
(c) there are reasonable grounds to believe that the prisoner is
capable of giving evidence relevant to the proceedings;
and
(d) the Director of Public Prosecutions is satisfied that-
(i) the prisoner has consented to giving evidence in
the foreign country; and
(ii) the foreign country has given adequate
undertakings in respect of the matter referred to
in subsection (3),
the Director of Public Prosecutions may, after consultation
with the Minister, direct that the prisoner be released from
prison for the purpose of travelling to the foreign country to
give evidence at the proceedings and shall make arrangements
for the travelling of the prisoner to the foreign country in the
custody of a police or prison officer designated by the Director
of Public Prosecutions for the purpose.

of the prisoner to the foreign country in the
custody of a police or prison officer designated by the Director
of Public Prosecutions for the purpose.

(2) Where-
(a) proceedings relating to a criminal matter have commenced
in a foreign country;
(b) the appropriate authority of the foreign country requests
the attendance at the proceedings of a person in
Tanzania who is not a prisoner;
(c) there are reasonable grounds to believe that the person is
capable of giving evidence relevant to the proceedings;
and
(d) the Director of Public Prosecutions is satisfied that-
(i) the person has consented to giving evidence in the
foreign country; and
(ii) the foreign country has given adequate undertakings
in respect of the matters referred to in subsection (3),
the Director of Public Prosecutions may make arrangements
for the travelling of the person to the foreign country. (3) The matters in relation to which undertakings are to be
given by a foreign country for the purposes of a request that a
person give evidence in the foreign country shall be-
(a) that the person shall not-

e
given by a foreign country for the purposes of a request that a
person give evidence in the foreign country shall be-
(a) that the person shall not-

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E.

reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E.

2023]
216
(i) be detained, prosecuted or punished for any offence
against the law of the foreign country that is alleged
to have been committed, or that was committed,
before the person’s departure from Tanzania;
(ii) be subjected to any civil suit in respect of any act
or omission of the person that is alleged to have
occurred, or that occurred, before the person’s
departure from Tanzania;
(iii) be required to give evidence in any proceedings in
the foreign country other than the proceedings to
which the request relates,
unless the person has left the foreign country or has had the
opportunity to leave the foreign country but has remained
in that country otherwise than for the purposes of giving
evidence in the proceedings to which the request relates;
(b) that any evidence given by the person in the proceedings
to which the request relates shall be inadmissible or
otherwise disqualified from use in the prosecution of
the person for an offence against a law of the foreign
country other than the offence of perjury in relation to
the giving of that evidence;
(c) that the person shall be returned to Tanzania in
accordance with arrangements agreed by the Director
of Public Prosecutions;
(d) in a case where the person is being held in custody
in Tanzania and the Director of Public Prosecutions
requests the foreign country to make arrangements for
the keeping of the person in custody while the person
is in the foreign country-
(i) the making of appropriate arrangements for that
purpose;
(ii) that the person will not be released from custody
in the foreign country unless the Director of Public
Prosecutions notifies an appropriate authority of
the foreign country that the person is entitled to be
released from custody under the law of Tanzania;
and

utions notifies an appropriate authority of
the foreign country that the person is entitled to be
released from custody under the law of Tanzania;
and

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.217
THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
(iii) if the person is released in the foreign country
in terms of subparagraph(ii), that person’s
accommodation and other expenses pending the
completion of the proceedings to which the request
relates shall be paid for by the foreign country; and
(e) such other matters as the Director of Public Prosecutions
thinks appropriate. [s.

he request
relates shall be paid for by the foreign country; and
(e) such other matters as the Director of Public Prosecutions
thinks appropriate. [s.

24]
29.–(1) Where-
(a) an investigation relating to a criminal matter has
commenced in a foreign country;
(b) the appropriate authority of the foreign country requests
the removal of a prisoner who is in Tanzania to the
foreign country for the purpose of giving assistance in
relation to the investigation;
(c) there are reasonable grounds to believe that the prisoner
is capable of giving assistance in relation to the
investigation; and
(d) the Director of Public Prosecutions is satisfied that-
(i) the prisoner has consented to being removed to the
foreign country for the purpose of giving assistance
in relation to the investigation; and
(ii) the foreign country has given adequate undertakings
in respect of the matters referred to in subsection (3),
the Director of Public Prosecutions may, after consultation
with the Minister, direct that the prisoner be released from
prison for the purpose of travelling to the foreign country to
give assistance in relation to the investigation and shall make
arrangements for the travelling of the prisoner to the foreign
country in the custody of a police or prison officer designated
by the Director of Public Prosecutions for the purpose.

of the prisoner to the foreign
country in the custody of a police or prison officer designated
by the Director of Public Prosecutions for the purpose.

(2) Where-
(a) an investigation relating to a criminal matter has
commenced in a foreign country;
(b) the appropriate authority of the foreign country requests
that a person in Tanzania who is not a prisoner, travel
Requests for
assistance in
relation to
investigations in
foreign countries
Act No. 7 of 2018
ss. 35 and 43

n in Tanzania who is not a prisoner, travel
Requests for
assistance in
relation to
investigations in
foreign countries
Act No. 7 of 2018
ss. 35 and 43

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
218
to the foreign country to give assistance in relation to
the investigation;
(c) there are reasonable grounds to believe that the
person is capable of giving assistance in relation to the
investigation;
(d) the Director of Public Prosecutions is satisfied that-
(i) the person has consented to travel to the foreign
country for the purpose of giving assistance in
relation to the investigation; and
(ii) the foreign country has given adequate
undertakings in respect of the matters referred to
in subsection (3),
the Director of Public Prosecutions may make arrangements
for the travelling of the person to the foreign country.

ters referred to
in subsection (3),
the Director of Public Prosecutions may make arrangements
for the travelling of the person to the foreign country.

(3) The matters in relation to which undertakings are to be
given by a foreign country for the purposes of a request that
a person be removed to, or travel to, the foreign country for
the purpose of giving assistance in relation to an investigation
shall be-
(a) that the person shall not be-
(i) detained, prosecuted or punished for any offence
against the law of the foreign country that is alleged
to have been committed, or that was committed
before the person’s departure from Tanzania;
(ii) subjected to any civil suit in respect of any act
or omission of the person that is alleged to have
occurred before the person’s departure from
Tanzania; or
(iii) required to give evidence in any proceedings in
the foreign country other than the proceedings to
which the request relates,
unless the person left the foreign country or has had the
opportunity to leave the foreign country but has remained
in that country otherwise than for the purpose of giving
assistance in relation to the investigation to which the request
relates; and

ut has remained
in that country otherwise than for the purpose of giving
assistance in relation to the investigation to which the request
relates; and

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.219
THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
(b) that the person shall be returned to Tanzania in
accordance with arrangements agreed by the Director
of Public Prosecutions;
(c) in a case where the person is being held in custody
in Tanzania and the Director of Public Prosecutions
requests the foreign country to make arrangements for
the keeping of the person in custody while the person
is in the foreign country-
(i) that appropriate arrangements are made for that
purpose;
(ii) that the person shall not be released from custody
in the foreign country unless the Director of Public
Prosecutions notifies an appropriate authority of
the foreign country that the person is entitled to be
released from custody under the law of Tanzania;
(iii) if the person is released in the foreign country
in terms of subparagraph (ii), that the person’s
accommodation and of the investigation to which
the request relates shall be paid for by the foreign
country; and
(d) such other matters as the Director of Public Prosecutions
thinks appropriate. [s.

he request relates shall be paid for by the foreign
country; and
(d) such other matters as the Director of Public Prosecutions
thinks appropriate. [s.

25]
30.–(1) Any evidence, production or article of any form of
mutual legal assistance under this Act may be provided by
means of video conferencing or other technology. (2) The evidence shall include the interviewing of witnesses
for the purposes of investigation, identification of a person
or thing or the provision of witness evidence during court
proceedings including trial. (3) The Minister may make rules for better carrying out of
the provisions of this section. [s. 25A]
Evidence by video
conferencing
Act No. 7 of 2018 s.44

The Minister may make rules for better carrying out of
the provisions of this section. [s. 25A]
Evidence by video
conferencing
Act No. 7 of 2018 s.44

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220
31. Where a prisoner who is serving a term of imprisonment
for an offence against the law of Tanzania is released from
prison pursuant to a request by the appropriate authority of
the foreign country under section 28 or 29, the prisoner shall,
while in custody in connection with the request, including
custody outside Tanzania, be deemed to be continuing to serve
that term of imprisonment. [s.

hile in custody in connection with the request, including
custody outside Tanzania, be deemed to be continuing to serve
that term of imprisonment. [s.

26]
PART V
CUSTODY OF PERSONS IN TRANSIT
32.–(1) Where-
(a) a person is to be transported in custody from a foreign
country through Tanzania to another foreign country
for the purposes of giving evidence in proceedings or
giving assistance in relation to an investigation relating
to a criminal matter in the other foreign country; and
(b) at least one of these foreign countries is a foreign
country to which this Act applies,
the person may be transported through Tanzania in the
custody of another person and, if an aircraft, vehicle or train
by which the person is being transported lands or calls at a
place in Tanzania, shall be kept in such custody as the Director
of Public Prosecutions after consultation with the Minister,
directs in writing until his transportation is continued. (2) Where a person is being held in custody pursuant
to a direction in terms of subsection (1) and the person’s
transportation is not in the opinion of the Director of Public
Prosecutions, continued within a reasonable time, the
Director of Public Prosecutions may direct that the person be
transported in custody to the foreign country from which the
person was first transported. [s.

or of Public Prosecutions may direct that the person be
transported in custody to the foreign country from which the
person was first transported. [s.

27]
Effect of removal
to foreign country
on prisoner’s term
of imprisonment
Transit
Act No. 7 of 2018 s.35

27]
Effect of removal
to foreign country
on prisoner’s term
of imprisonment
Transit
Act No. 7 of 2018 s.35

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.221
THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
33.–(1) A person who, being a person being kept in custody
pursuant to a direction under subsection (1) of section 32
escapes from such custody, commits an offence and on
conviction shall be liable to imprisonment for a term not
exceeding two years. (2) Sections 35, 36 and 37 of the Criminal Procedure Act,
shall, mutatis mutandis, apply as if a reference in those sections
to custody in respect of any offence against the law of Tanzania
were a reference to custody pursuant to a direction in terms of
subsection (1) of section 32. [s. 28]
34.–(1) A police officer may, without warrant arrest a person,
if the police officer has reasonable grounds to believe that the
person was being held in custody pursuant to a direction under
subsection (1) of section 32 and has escaped from custody. (2) A person arrested under subsection (1) shall be returned
to custody. [s. 29]
PART VI
PROCEEDS OF CRIME
35.

ection 32 and has escaped from custody. (2) A person arrested under subsection (1) shall be returned
to custody. [s. 29]
PART VI
PROCEEDS OF CRIME
35.

The Director of Public Prosecutions may request an
appropriate authority of a foreign country to which this Act
applies to make arrangements for the enforcement of-
(a) a forfeiture order made in Tanzania against property
that is believed to be located in that country;
(b) a pecuniary penalty order made in Tanzania where
some or all the property available to satisfy the order is
believed to be located in that country, or
(c) a restraining order made in Tanzania against property
that is believed to be located in that country,
if the order is in respect of a serious offence. [s. 30]
Escaping
Cap. 20
Arrest of person
in transit
Requests for
enforcement
of orders
Act No. 7 of 2018 s.35

der is in respect of a serious offence. [s. 30]
Escaping
Cap. 20
Arrest of person
in transit
Requests for
enforcement
of orders
Act No. 7 of 2018 s.35

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
222
36. Where criminal proceedings or criminal investigations
have commenced in Tanzania in relation to a serious offence,
the Director of Public Prosecutions may request an appropriate
authority of a foreign country to which this Act applies to
direct the issue of a warrant, order or other instrument similar
in nature to any of the following warrants or orders under the
law for the time being in force relating to proceeds of crime in
respect of the serious offence-
(a) a search warrant for tainted property;
(b) a restraining order;
(c) a production order in respect of a property-tracking
document;
(d) a search warrant in respect of a property-tracking
document; or
(e) a monitoring orders. [s.

ion order in respect of a property-tracking
document;
(d) a search warrant in respect of a property-tracking
document; or
(e) a monitoring orders. [s.

31]
37.–(1) Where-
(a) an appropriate authority of a foreign country requests the
Director of Public Prosecutions to make arrangements
for the enforcement of-
(i) a foreign forfeiture order made in respect of a
foreign serious offence against a property that is
believed to be located in Tanzania; or
(ii) a foreign pecuniary penalty order made in respect
of a foreign serious offence where some or all
of the property available to satisfy the order is
believed to be located in Mainland Tanzania; and
(b) the Director of Public Prosecutions is satisfied that-
(i) the forfeiture order or pecuniary penalty order
was properly made against the person; and
(ii) forfeiture order or pecuniary penalty order is not
subject to appeal in the foreign country,
the Director of Public Prosecutions may, upon application,
obtain the registration of the order with the High Court. Requests for
issue of orders in
foreign countries
Act No. 7 of 2018 s.35
Registration of
orders
Act No. 7 of 2018 s.45

the order with the High Court. Requests for
issue of orders in
foreign countries
Act No. 7 of 2018 s.35
Registration of
orders
Act No. 7 of 2018 s.45

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.223
THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
(2) Where an appropriate authority of a foreign country
requests the Director of Public Prosecutions to make arrangements
for the enforcement of a restraining order issued in respect of a
foreign serious offence against a property that is believed to be
located in Tanzania, the Director of Public Prosecutions may,
on application, obtain the registration of the order by the High
Court. (3) Where, on application in terms of subsection (1) or
(2), the High Court is satisfied from the documents filed on
record, or from any other evidence, that the foreign forfeiture
order, the foreign pecuniary penalty order or the restraining
order was properly made against the person concerned, the
High Court may register the order. (4) The High Court may regard any evidence adduced in a
foreign court as conclusive of any matter or fact stated in the
documents.

register the order. (4) The High Court may regard any evidence adduced in a
foreign court as conclusive of any matter or fact stated in the
documents.

(5) Where the High Court refuses to register the order
under subsection (3), the refusal order shall be appealable as if
it were an order made under the Proceeds of Crimes Act. (6) A forfeiture order registered with the High Court in
terms of this section shall have effect and may be enforced, as
if it were a forfeiture order made by a court under the Proceeds
of Crime Act at the time of registration. (7) A pecuniary penalty order registered with the High
Court in terms of this section shall have effect, and may be
enforced, as if it were a pecuniary penalty order made by a court
under the Proceeds of Crime Act at the time of registration
and requiring the payment to Tanzania of the amount payable
under the order. (8) A restraining order registered with the High Court in
terms of this section shall have effect, and may be enforced,
as if it were a restraining order made by a court under the
Proceeds of Crime Act at the time of registration. (9) Where any order is registered with the High Court in
terms of this section, any amendments made to the order,
whether before or after registration, may be registered in the
Cap. 256
Cap. 256
Cap. 256
Cap. 256

of this section, any amendments made to the order,
whether before or after registration, may be registered in the
Cap. 256
Cap. 256
Cap. 256
Cap. 256

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
224
same way as the order and amendments shall not, for the
purposes of this Act and the Proceeds of Crime Act, have effect
until they are registered. (10) A sealed or authenticated copy of an order or amendment
shall be regarded for the purposes of this Act as the same as the
sealed or authenticated original copy, but registration effected
by means of a copy shall cease to have effect at the end of twenty
one days, unless the sealed or authenticated original copy has
been subsequently registered or time has been extended by the
court. (11) The Director of Public Prosecutions may apply to
the High Court for the amendment of the application or the
cancellation of any registration made in terms of this section.

c Prosecutions may apply to
the High Court for the amendment of the application or the
cancellation of any registration made in terms of this section.

(12) Without prejudice to the generality of subsection (11),
the Director of Public Prosecutions may apply for a cancellation
in terms of that subsection if he is satisfied that-
(a) the order has ceased to have effect in the foreign country
in which it was made; or
(b) the cancellation of the order is appropriate having
regard to the arrangements entered into between the
United Republic and the foreign country in relation to
enforcement of orders of the kind. (13) Where an application is made to the High Court for
cancellation of a registration in terms of subsection (12), the
High Court shall cancel the registration accordingly. [s. 32]
38.–(1) The Government may dispose of property confiscated
within the United Republic upon a request by a foreign
authority where there is an agreement concluded between the
Government of the United Republic and the Government of
the requesting foreign territory. (2) The Director of Public Prosecutions may, where he
considers it appropriate either for purposes of compliance with
an international arrangement to which the United Republic is
committed or for the interest of courtesy among states, order
Cap. 256
Sharing of
proceeds
Acts Nos.

ional arrangement to which the United Republic is
committed or for the interest of courtesy among states, order
Cap. 256
Sharing of
proceeds
Acts Nos.

2 of 2007 s.22;
7 of 2018 s.35

2 of 2007 s.22;
7 of 2018 s.35

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.225
THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
the property or any part of the property forfeited or the value
of that property to be given out or remitted to the requesting
Government. [s. 32A]
39.–(1) Where-
(a) criminal proceedings or criminal investigations have
commenced in a foreign country in respect of a foreign
serious offence;
(b) there are reasonable grounds for believing that tainted
property in relation to the offence is located in Tanzania;
and
(c) the appropriate authority of the foreign country requests
the Director of Public Prosecutions to obtain the issue
of search warrant under the Proceeds of Crime Act, in
relation to the tainted property,
the Director of Public Prosecutions may, in writing, authorise
a police officer to apply to a magistrate of the area concerned
for the search warrant requested by the appropriate authority
of the foreign country. (2) The area shall be the area in which the tainted property,
or some or all of the tainted property, is believed to be located. [s. 33]
40.

country. (2) The area shall be the area in which the tainted property,
or some or all of the tainted property, is believed to be located. [s. 33]
40.

Where-
(a) criminal proceedings have commenced in a foreign
country in respect of a foreign serious offence;
(b) there are reasonable grounds for believing that tainted
property that may be made or is about to be made, the
subject of restraining order is located in Tanzania; and
(c) the appropriate authority of the foreign country requests
the Director of Public Prosecutions to obtain the issue
of restraining order under the Proceeds of Crime Act,
against the property,
the Director of Public Prosecutions may authorise an
application to the High Court for the issue of the restraining
Requests for
search and
seizure warrants
in respect of
tainted property
Act No. 7 of 2018 s.35
Cap. 256
Requests
for interim
restraining orders
Act No. 7 of 2018 s.35
Cap. 256

eizure warrants
in respect of
tainted property
Act No. 7 of 2018 s.35
Cap. 256
Requests
for interim
restraining orders
Act No. 7 of 2018 s.35
Cap. 256

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
226
order requested by the appropriate authority of the foreign
country. [s. 34]
41. Where-
(a) criminal proceedings or criminal investigations have
commenced in a foreign country in respect of a foreign
serious offence; and
(b) the appropriate authority of a foreign country requests
the United Republic to obtain information about the
property or any other information which is reasonably
believed to be relevant to proceedings or investigation,
the Director of Public Prosecutions may, in writing, authorise
the head of an investigating agency to obtain information
requested in accordance with the provisions of the Proceeds
of Crimes Act or any other written laws. [s. 35]
PART VII
MISCELLANEOUS PROVISIONS
42.–(1) Where the appropriate authority of a foreign country
requests the Director of Public Prosecutions to arrange for the
service in Tanzania of process relating to a criminal matter in
the foreign country, the Director of Public Prosecutions may
arrange for the service of the process.

zania of process relating to a criminal matter in
the foreign country, the Director of Public Prosecutions may
arrange for the service of the process.

(2) Without limiting the manner in which the service of a
document in a foreign country may be proved in Tanzania,
service of such document may be proved by the affidavit of the
person who served the document. [s. 36]
43. A certificate by the Director of Public Prosecutions stating
that-
(a) Tanzania or a specified foreign country is a party to a
specified treaty;
Requests for
information
gathering orders
Act No. 7 of 2018 s.46
Cap. 256
Service of
documents
Act No. 7 of 2018 s.35
Evidence
Act No. 7 of 2018 s.35

Requests for
information
gathering orders
Act No. 7 of 2018 s.46
Cap. 256
Service of
documents
Act No. 7 of 2018 s.35
Evidence
Act No. 7 of 2018 s.35

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.227
THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
(b) a specified treaty entered into force for Tanzania or a
specified foreign country on a specified day; or
(c) on a day specified in the certificate, a specified treaty
remained in force for Tanzania or a specified country,
shall, for purposes of any proceedings under this Act, be
prima facie evidence of the matters stated in the certificate. [s. 37]
44.–(1) In proceedings under this Act, or under the Proceeds
of Crime Act, arising directly or indirectly from a request
made under this Act, any document that is duly authenticated
in terms of subsection (2) shall be admissible in evidence. (2) A document shall be regarded a duly authenticated for
the purpose of subsection (1) if it purports to be-
(a) signed or certified by a judge, magistrate or officer in or
of a foreign country; or
(b) authenticated by oath of a witness or an officer of the
Government of the foreign country or sealed with an
official public seal of the foreign country or of a Minister.

th of a witness or an officer of the
Government of the foreign country or sealed with an
official public seal of the foreign country or of a Minister.

(3) This section shall not be construed as preventing the
proof of any matter, or the admission in evidence of any
document, in accordance with any other law of Tanzania. [s. 38]
45.–(1) A witness statement, deposition or an affidavit obtained
pursuant to a request made under this Act shall, if it satisfied
the conditions set out in this section, be admissible in evidence. (2) A witness statement shall be admissible in evidence if
it is-
(a) signed, certified and contains a declaration by the
person making it that it is true; and
(b) certified by a magistrate, judge or an officer in or of the
Government of a foreign country. (3) A deposition shall be admissible in evidence if it is-
(a) a sworn deposition; and
(b) certified or verified by a magistrate, commissioner for
oath or judge in a foreign country. Authentication
of documents
Act No. 7 of 2018 s.47
Cap. 256
Authentication
of witness
statement,
deposition or
affidavit
Act No. 7 of 2018 s.48

untry. Authentication
of documents
Act No. 7 of 2018 s.47
Cap. 256
Authentication
of witness
statement,
deposition or
affidavit
Act No. 7 of 2018 s.48

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
228
(4) An affidavit shall be admissible in evidence if it is-
(a) signed, verified and sworn by the person who made it;
and
(b) signed by a judge, magistrate, commissioner for oath or
an officer in the Government of a foreign country. [s. 38A]
46.–(1) Electronic record or data message obtained pursuant to
a request made under this Act shall be admissible in evidence if-
(a) the maker or a person who collected the record or data
certifies-
(i) the reliability of the manner in which the record
or data was generated, stored or communicated; and
(ii) the reliability of the manner in which the integrity
of the record or data was maintained; and
(b) the authority in a foreign country or an officer in the
foreign country authenticates receipt of that electronic
record or data from the maker or a person who collected
it. [s. 38B]
47.

or an officer in the
foreign country authenticates receipt of that electronic
record or data from the maker or a person who collected
it. [s. 38B]
47.

Nothing shall be construed as preventing production of
any evidence, article, any other form of mutual legal assistance
under this Act, orally, by means of video conferencing or any
other technology. [s. 38C]
48.–(1) The Minister may make regulations prescribing
matters-
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying
out or giving effect to this Act. (2) Regulations made in terms of subsection (1) may
provide for-
(a) the practice and procedure in relation to the performance
by magistrates of functions under this Act, including-
(i) the summoning of witnesses;
Electronic record
or data
Act No. 7 of 2018 s.48
Other forms of
evidence
Act No. 7 of 2018 s.48
Regulations

including-
(i) the summoning of witnesses;
Electronic record
or data
Act No. 7 of 2018 s.48
Other forms of
evidence
Act No. 7 of 2018 s.48
Regulations

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.229
THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP. 254 R.E. 2023]
(ii) the production of documents;
(iii) the taking of evidence on oath;
(iv) the immunity of person and legal practitioners
appearing before magistrates and of witnesses;
(b) the forms of any orders, process or certificates made,
issued or given in terms of this Act;
(c) generally, the facilitating of communication between
Tanzania and foreign countries for the purposes of this
Act; and
(d) penalties, not exceeding a fine of one hundred thousand
shillings, for any contravention of any regulation.
[s .39]

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.