The One Stop Border Posts Act

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CHAPTER 444
THE ONE STOP BORDER POSTS ACT
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Application.
3. Interpretation.
part ii
ESTABLISHMENT OF ONE STOP BORDER POSTS
4. Establishment of One Stop Border Posts.
5. Exclusive use areas within control zones.
6. Offences committed outside United Republic.
7. Laws applicable to One Stop Border Posts.
8. Access to control zones by facilitation agents.
part iii
GENERAL PROVISIONS
9. East African Community One Stop Border Posts.
10. Temporary measure.
11. Regulations.
12. Existing bilateral agreements.
SCHEDULE

ENERAL PROVISIONS
9. East African Community One Stop Border Posts.
10. Temporary measure.
11. Regulations.
12. Existing bilateral agreements.
SCHEDULE

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the One Stop Border Posts Act. 2. This Act shall apply to One Stop Border Posts established
within the United Republic and shall apply to Mainland
Tanzania as well as Tanzania Zanzibar. 3.

Act shall apply to One Stop Border Posts established
within the United Republic and shall apply to Mainland
Tanzania as well as Tanzania Zanzibar. 3.

In this Act, unless the context requires otherwise-
“adjoining State” means a neighbouring State with which
the Government of the United Republic enters into an
agreement to establish a One Stop Border Post;
“agreement” means an agreement for the establishment of
a One Stop Border Post concluded between the United
Republic and an adjoining State;
“border control” means any border related control measure,
check or authorisation provided for in the relevant
legislation;
“control zone” means the part of the territory of a host
State within which officers of the adjoining States are
empowered to effect border control, and includes the
exclusive use area;
Short title
Application
Interpretation
CHAPTER 444
THE ONE STOP BORDER POSTS ACT
An Act to provide for establishment of One Stop Border Posts within
the United Republic with a view to giving effect to the provisions of
agreements on one stop border processing arrangements; to authorise
application of the laws of the United Republic and the laws of adjoining
States in One Stop Border Posts and to provide for other related matters. [2nd November, 2015]
[GN. No. 492 of 2015]
Act No. 17 of 2015

s of adjoining
States in One Stop Border Posts and to provide for other related matters. [2nd November, 2015]
[GN. No. 492 of 2015]
Act No. 17 of 2015

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THE ONE STOP BORDER POSTS ACT [CAP. 444 R.E.

All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.525
THE ONE STOP BORDER POSTS ACT [CAP. 444 R.E.

2023]
“exclusive use area” means the area of the control zone
dedicated for the exclusive use of an adjoining State;
“facilitation agent” means any person other than an officer
providing services to facilitate completion of border
control by passengers or freight in accordance with
the relevant legislation of States which are party to the
agreement;
“officer” means an officer responsible for conducting border
controls in accordance with relevant legislations of States
which are party to the agreement concluded under
this Act;
“One Stop Border Post” means a border post established
under an agreement between the United Republic and an
adjoining State and includes control zone;
“Minister” means the Minister, responsible for finance;
“relevant legislation” in relation to-
(a) the United Republic, means the laws listed in the
Schedule; and
(b) any party to an agreement other than the United
Republic, means laws listed in the agreement or in
terms of any law of that party which corresponds to
this Act;
“relevant Minister” means the Minister responsible for the
administration of any of the laws listed in the Schedule
to this Act.

responds to
this Act;
“relevant Minister” means the Minister responsible for the
administration of any of the laws listed in the Schedule
to this Act.

PART II
ESTABLISHMENT OF ONE STOP BORDER POSTS
4.–(1) The President may enter into or conclude an agreement
with one or more adjoining States with the view to establishing
One Stop Border Post within the United Republic. (2) The President may, where he considers necessary,
delegate the powers conferred under subsection (1) to the
Minister. Establishment of
One Stop Border
Posts

resident may, where he considers necessary,
delegate the powers conferred under subsection (1) to the
Minister. Establishment of
One Stop Border
Posts

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526
(3) An agreement referred to under subsection (1) shall be
made so as to-
(a) enable cooperation in border control operations
between the United Republic and an adjoining State at
a place located-
(i) in the territory of the United Republic; and
(ii) within a territory of one or more adjoining States;
(b) facilitate cooperation in-
(i) information and communication technology so
as to enable seamless, reliable and effective
information exchange;
(ii) exchange of intelligence information with a view
to foster smooth and secure operations in the
movement of people and goods within a border
post; and
(c) empower officers as well as officials of one or more
adjoining States to exercise extra-territorial border
control in accordance with their respective national
legislation, and includes the exercise of powers of
arrest, search, seizure and detention of person or thing.

ccordance with their respective national
legislation, and includes the exercise of powers of
arrest, search, seizure and detention of person or thing.

5.–(1) Competent authorities of an adjoining State shall display
official signs of any area intended for use as an exclusive use
areas in the control zone. (2) Officials of the adjoining State shall-
(a) have exclusive control of access to its exclusive use area;
and
(b) maintain law and order in their exclusive use area,
except that officials of the adjoining State may request
the assistance of a host State for that purpose. (3) Officials or members of a law enforcement agency of
the United Republic shall not have access to the exclusive use
area of the adjoining State, except at the request or with the
permission of the officers of that adjoining State. Exclusive use
areas within
control zones

of the adjoining State, except at the request or with the
permission of the officers of that adjoining State. Exclusive use
areas within
control zones

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THE ONE STOP BORDER POSTS ACT [CAP. 444 R.E. 2023]
6.–(1) An act or omission-
(a) by a citizen, resident or refugee of the United Republic
or by any other person having entered the United
Republic; and
(b) which-
(i) occurs at a One Stop Border Post in an adjoining
State; and
(ii) is an act or omission which, had it occurred within
the territory of the United Republic it would have
constituted an offence contrary to the laws of the
United Republic,
shall be considered as if the act or omission occurred in
the United Republic. (2) For avoidance of doubt, a citizen, resident or refugee of
the United Republic or any person having entered the United
Republic may be arrested or detained in a control zone of an
adjoining State for contravention of the relevant legislation for
the purpose of transferring that citizen, resident, refugee or
person to the United Republic.

State for contravention of the relevant legislation for
the purpose of transferring that citizen, resident, refugee or
person to the United Republic.

(3) For the purpose of determining which court within the
United Republic has jurisdiction to try an offence referred
to in subsection (1), the offence shall be deemed to have
been committed within an area of the court of competent
jurisdiction located nearest to the place where the act or
omission constituting the offence occurred. 7.–(1) The relevant legislation listed in the Schedule shall be
applicable throughout One Stop Border Posts and shall be the
basis for border control operations by the relevant institutions
specified or mandated in the respective relevant legislation. (2) The Minister may, in consultation with the relevant
Minister, amend the Schedule. (3) The relevant legislation of the United Republic and that
of an adjoining State shall apply in the control zone for the
purpose of enabling officers of the United Republic and those
of any adjoining State to carry out border controls at One Stop
Border Posts. Offences
committed
outside United
Republic
Laws applicable
to One Stop
Border Posts

ining State to carry out border controls at One Stop
Border Posts. Offences
committed
outside United
Republic
Laws applicable
to One Stop
Border Posts

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528
8.–(1) Facilitation agents shall have access to the control zones
for purposes specified under this Act. (2) For the purpose of subsection (1), facilitation agents
shall not be required to produce any travel document or
entry permit, save that, for the purposes of identification,
the facilitation agent shall at all times, display an identity and
status card issued for that purpose. PART III
GENERAL PROVISIONS
9. Notwithstanding the provisions of this Act, One Stop
Border Posts established pursuant to the East African
Community One Stop Border Posts Act, 2016 shall be
governed in the manner provided for under that Act. 10.–(1) This Act shall not affect the rights of the United
Republic or that of any adjoining State to take temporary
measures in the interest of defence and security, public safety,
public order, economic interests of the United Republic or an
adjoining State, public health, public morality or any other
circumstances of a similar nature.

order, economic interests of the United Republic or an
adjoining State, public health, public morality or any other
circumstances of a similar nature.

(2) A State intending to take measures referred to under
subsection (1) shall, through diplomatic channels, notify the
other State accordingly. (3) The temporary measures under subsection (1) shall
have the effect of reversal of the sequence of border control
operations, relocation of border control or the temporary
closure of the border posts within that adjoining State’s
territory. 11. The Minister may, in consultation with the relevant
Minister, make regulations-
(a) for the purpose of giving effect to the establishment
and maintenance of One Stop Border Posts;
(b) for the establishment of operational committees of One
Stop Border Posts; and
Access to
control zones by
facilitation agents
East African
Community One
Stop Border Posts
E.A.C.G. No. 4 of 2016
Temporary
measure
Regulations

; and
Access to
control zones by
facilitation agents
East African
Community One
Stop Border Posts
E.A.C.G. No. 4 of 2016
Temporary
measure
Regulations

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THE ONE STOP BORDER POSTS ACT [CAP. 444 R.E. 2023]
(c) generally for the better carrying out of the provisions of
this Act. 12. A bilateral agreement entered into by the United Republic
for the control and operations of One Stop Border Posts before
the coming into force of this Act shall be deemed to be an
agreement entered in accordance with this Act. SCHEDULE
(Made under section 7(1))
RELEVANT LEGISLATION
1. The Immigration Act, (Cap. 54). 2. The Tanzania Passports and Travel Documents Act, (Cap. 42). 3. The Refugees Act, (Cap. 37). 4. The EAC Customs Management Act, 2004. 5. The Value Added Tax Act, (Cap. 148). 6. The Excise (Management and Tariff) Act, (Cap. 147). 7. The Foreign Vehicles Transit Charges Act, (Cap. 84). 8. The Road and Fuel Tolls Act, (Cap. 220). 9. The Petroleum Act, (Cap. 392). 10. The Standards Act, (Cap. 130). 11. The Exports Control Act, (Cap. 381). 12. The Export Tax Act, (Cap. 196). 13. The Agricultural Products (Control of Movement) Act, (Cap. 78). 14.

. 11. The Exports Control Act, (Cap. 381). 12. The Export Tax Act, (Cap. 196). 13. The Agricultural Products (Control of Movement) Act, (Cap. 78). 14.

EAC Standardization, Quality Assurance, Metrology and Testing
Act, 2006. 15. The Police Force and Auxiliary Services Act, (Cap. 322). 16. The Tanzania Medicine and Medical Devices Act, (Cap. 219). 17. The Drugs Control and Enforcement Act, (Cap. 95). 18. The Anti-Trafficking in Persons Act, (Cap. 432). 19. The Anti-Money Laundering Act, (Cap. 423). 20. The Industrial and Consumer Chemicals (Management and
Control) Act, (Cap. 182). 21. The Economic and Organized Crimes Control Act, (Cap. 200). 22. The Roads Act, (Cap. 167). 23. The Plant Health Act, (Cap. 133). 24. The Land Transport Regulatory Authority Act, (Cap. 413). 25. The Wildlife Conservation Act, (Cap. 283). 26. The Atomic Energy Act, (Cap. 188). 27. The Criminal Procedure Act, (Cap. 20). 28. The Evidence Act, (Cap. 6). Existing bilateral
agreements

283). 26. The Atomic Energy Act, (Cap. 188). 27. The Criminal Procedure Act, (Cap. 20). 28. The Evidence Act, (Cap. 6). Existing bilateral
agreements

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530
29. The Penal Code, (Cap. 16).
30. The Cyber Crime Act, (Cap. 443).
31. The Mutual Assistance in Criminal Matters Act, (Cap. 254).
32. The Extradition Act, (Cap. 368).
33. The Fair Competition Act, (Cap. 285).
34. The Citizenship Act, (Cap. 357).
35. The Veterinary Act, (Cap. 319).
36. The Treaty for the Establishment of the East African Community
Act, (Cap. 411).