Laws of Tanzania ActiveThe Tanzania Intelligence and Security Service Act
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©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.689 CHAPTER 406 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [PRINCIPAL LEGISLATION] Arrangement of Sections Section Title part i PRELIMINARY PROVISIONS 1. Short title. 2. Application. 3. Interpretation. part ii THE TANZANIA INTELLIGENCE AND SECURITY SERVICE 4. Establishment of TISS. 5. Functions of TISS. 6. Role of Minister. part iii THE MANAGEMENT OF TISS 7. Director General. 8. Deputy Directors General. 9. Director. 10. Officers and employees of TISS. 11. Grading of officers. 12. Conditions of employment. 13. Role of Director General. 14. Role of Chief Secretary. 15. Role of President. 16. Process for resolution of staff disputes. 17. Oaths. part iv DUTIES AND POWERS OF TISS 18. Duty to collect, analyse and retain information. 19. Power to investigate. olution of staff disputes. 17. Oaths. part iv DUTIES AND POWERS OF TISS 18. Duty to collect, analyse and retain information. 19. Power to investigate. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.690 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] 20. Restriction on publication and broadcasting information. 21. Authorised disclosure of information 22. Co-operation. part v MISCELLANEOUS PROVISIONS 23. Protection of officers and employees. 24. Protection of sources of information. 25. Delegation of powers. 26. Regulations. 27. Offences. 28. Non-disclosure by persons no longer in Service. 29. Restricted access. 30. Commission of offences outside United Republic, 31. General penalty. SCHEDULE n-disclosure by persons no longer in Service. 29. Restricted access. 30. Commission of offences outside United Republic, 31. General penalty. SCHEDULE ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.691 PART I PRELIMINARY PROVISIONS 1. This Act may be cited as the Tanzania Intelligence and Security Service Act. 2. This Act shall apply to Mainland Tanzania as well as Tanzania Zanzibar. 3. In this Act, unless the context requires otherwise- “active service” means the actual service given by a person or category of persons, whether direct or indirect, when that person or category of persons is under the temporary or permanent employment of the Service and which service is given in the course of performing the duties of or similar to those of an intelligence officer; “classified information” means information of particular security classification or of a sensitive nature and value that its unauthorised publication or disclosure thereof would lead to a security risk being posed to the State and would prejudice national security; Short title Application Interpretation Acts Nos. 8 of 2010 s. 18 2 of 2023 s. ity risk being posed to the State and would prejudice national security; Short title Application Interpretation Acts Nos. 8 of 2010 s. 18 2 of 2023 s. 3 CHAPTER 406 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT An Act to establish the Tanzania Intelligence and Security Service and to make provision for the related matters. [10th March, 1998] [GN. No. 106 of 1998] Acts Nos. 15 of 1996 9 of 2000 8 of 2010 2 of 2023 ity Service and to make provision for the related matters. [10th March, 1998] [GN. No. 106 of 1998] Acts Nos. 15 of 1996 9 of 2000 8 of 2010 2 of 2023 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.692 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. No part of this book may be reproduced or distributed without permission of OAG.692 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] “Council” means the National Security Council established under section 4 of the National Security Council Act; “counter-intelligence” means information gathered and activities conducted to impede or neutralise the intentions and activities of foreign powers, counter subversion, sabotage, espionage or any hostile activity aimed at or against the people, institutions, installations, processes or resources of the United Republic; “Deputy Director General” means an officer of the Service appointed as the Deputy Director General of the Service under section 8; “desert” means willful and unjustified abandonment of the officer’s duties and obligations without permission of the Service with intention of not returning to the Service either permanently or temporarily; “Director General” means the Director General of the Service appointed under section 7; “employee” in relation to the Service, means a person employed as an employee of the Service, and includes a person employed before the enactment of this Act; “espionage” means an offence as defined by the National Security Act; “foreign state” means any state other than United Republic; “immediate family” means the spouse and children of the VVIPs described under section 5(1)(e); “intelligence” means information which has been collated, evaluated and analysed and which is relevant to a government’s formulation or implementation of policy in relation to any internal or external threat or potential threat to national security as well as opportunities relevant to the protection and promotion of national security and national interests; “intercept” in relation to any communication not otherwise lawfully obtainable by the person making the interception, includes hear, listen to, record, monitor, or acquire the Cap. communication not otherwise lawfully obtainable by the person making the interception, includes hear, listen to, record, monitor, or acquire the Cap. 61 Cap. 47 61 Cap. 47 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.693 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. No part of this book may be reproduced or distributed without permission of OAG.693 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] communication, or acquire its substance, meaning or purport, and “interception” has a corresponding meaning; “Minister” means the Minister responsible for Tanzania Intelligence and Security Service in terms of section 6; “necessary service” includes: (a) any service relating to installation, transmission, supply or distribution of electricity or telecommunication; (b) any fire service; (c) any sewerage, rubbish disposal or other sanitation service; (d) any health, hospital or ambulance service; (e) any service relating to the supply or distribution of water, gas or petroleum; or (f) any road, railway, bridge, underground tunnel, car park, ferry, pontoon, pipeline for the supply of water or fuel, airfield, harbour or dock; “officer of the Service” means a person employed by the Service whether on temporary or permanent terms and includes the Directors; “place” includes any conveyance; “premises” means any place or location, and includes land, building, building works, instrument, equipment or means of transport; “sabotage” means an offence under the National Security Act; “security” means the protection of the United Republic from any acts including acts of terrorism, espionage, sabotage and subversion, whether or not it is directed from or intended to be committed within the United Republic; “security assessment” means an appraisal of the loyalty to United Republic and, so far as it relates thereto, the reliability of an individual; “security clearance” means an authorisation entitling a person to have access to classified information of a determined sensitivity or classification; Cap. rity clearance” means an authorisation entitling a person to have access to classified information of a determined sensitivity or classification; Cap. 47 47 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.694 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. No part of this book may be reproduced or distributed without permission of OAG.694 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] “security intelligence” means information other than counter intelligence which relates to or may be relevant to the assessment of any internal or external threat or potential threat to national security and includes measures and strategies aimed at impeding or neutralising such threat or potential threat; “security vetting” means a systematic procedure used to examine and appraise a person to determine his or her suitability, loyalty and eligibility based on security competencies and considerations, including the continued monitoring of that person; “sensitive information” includes any information- (a) which is likely to disclose the identification of, or provide details of, sources of information, other assistance or operational methods available to the Service; (b) which relates to particular operations which have been, are being or are proposed to be undertaken by the Service in pursuance of any of its functions; or (c) which has been provided by the Service of a foreign government where that Service or government does not consent to the disclosure of the information; “the service” means the Tanzania Intelligence and Security Service established under section 4; “subversion” means encouraging- (a) the overthrow by unlawful means of the Government of the United Republic or of the Revolutionary Government of Zanzibar; (b) the undermining by unlawful means of the authority of the State in the United Republic; “terrorism” has the meaning ascribed to it under the Prevention of Terrorism Act; “threats to the security of the United Republic” means- (a) espionage, sabotage or other activities which are against the United Republic or are detrimental to the integrity, sovereignty or other interests of the United Cap. otage or other activities which are against the United Republic or are detrimental to the integrity, sovereignty or other interests of the United Cap. 19 19 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.695 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] Republic or are activities directed toward or in support of espionage or sabotage; (b) foreign influenced activities within or relating to the United Republic that are detrimental to the interests of the United Republic or are clandestine or deceptive or involve a threat to any person; (c) activities within or relating to the United Republic directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political objective within the United Republic or a foreign state; and (d) activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of the constitutionally established system of Government in the United Republic, but does not include lawful advocacy, protest or dissent, unless carried on in conjunction with any of the activities referred to in paragraphs (a) to (d). oes not include lawful advocacy, protest or dissent, unless carried on in conjunction with any of the activities referred to in paragraphs (a) to (d). “vettable post” means a post in any Government ministry, department, agency, a state office or public office or position in either level of the Government requiring the holder of position to have, in the performance of his or her official duties, access to sensitive or classified information or any other position as may be required under any other written law; “vital installation” means establishment or necessary service, which if damaged or sabotaged, affects the economy, safety and security of the United Republic; “VVIP” means a very, very important person with very high position in the Government as prescribed under section 5(1)(e); rity of the United Republic; “VVIP” means a very, very important person with very high position in the Government as prescribed under section 5(1)(e); ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.696 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] PART II THE TANZANIA INTELLIGENCE AND SECURITY SERVICE 4.–(1) There is hereby established a department of Government within the office of the President which shall be known as the Tanzania Intelligence and Security Service or, when referred to in brief, by the acronym “TISS”. (2) Subject to this Act, the intelligence and security department existing before the enactment of this Act shall be deemed to have been established and its employees and officers to have been recruited and appointed in pursuance of the relevant provisions of this Act. (3) The Service shall operate as one of the defence and security organs under the general superintendence of the President. (4) The Director General may, with the prior written approval of the President, establish directorates, regional and district offices or any other office for efficient carrying out of the functions of the Service. f the President, establish directorates, regional and district offices or any other office for efficient carrying out of the functions of the Service. 5.–(1) Subject to the control of the President, the functions of the TISS shall be to- (a) gather, obtain, correlate and evaluate intelligence relevant to security and advise on any such intelligence to the President, Council, Ministers or persons whom, and in the manner which, the Director General considers it to be in the interests of the security; (b) advise the Council and Ministers, where the Director General is satisfied that, it is necessary to do so, in respect of matters relevant to security, so far as those matters relate to departments or portfolios of which they are in charge; (c) cooperate as far as practicable and necessary with other organs of state, the Council and public authorities Establishment of TISS Act No. 2 of 2023 s. 4 Functions of TISS Acts Nos. 8 of 2010 s. 18 2 of 2023 s. 5 s of state, the Council and public authorities Establishment of TISS Act No. 2 of 2023 s. 4 Functions of TISS Acts Nos. 8 of 2010 s. 18 2 of 2023 s. 5 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.697 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] within or outside the United Republic as are capable of assisting the Service in the performance of its functions; (d) inform the President, the Council and other person or authority which the President may direct, of any new area of potential espionage, sabotage, terrorism or subversion in respect of which the Director-General has considered it necessary to institute surveillance. potential espionage, sabotage, terrorism or subversion in respect of which the Director-General has considered it necessary to institute surveillance. (e) provide personal protection to- (i) the President of the United Republic and the immediate family; (ii) the Vice President of the United Republic and the immediate family; (iii) the President of the Revolutionary Government of Zanzibar and immediate family; (iv) the Prime Minister of the United Republic and immediate family; (v) the First and Second Vice President of the Revolutionary Government of Zanzibar and their immediate families; (vi) Speaker of National Assembly; (vii) Chief Justice of the United Republic; (viii) Speaker of House of Representatives; (ix) Chief Justice of the High Court of Zanzibar; (x) Deputy Speaker of the National Assembly; (xi) Deputy Speaker of the House of Representatives; (xii) Chief Secretary of the Government of the United Republic; (xiii) Chief Secretary of the Revolutionary Government of Zanzibar and Secretary of Revolutionary Council; (xiv) Attorney General of the Government of the United Republic; (xv) Attorney General of the Revolutionary Government of Zanzibar; (xvi) visiting dignitaries; orney General of the Government of the United Republic; (xv) Attorney General of the Revolutionary Government of Zanzibar; (xvi) visiting dignitaries; ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.698 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. No part of this book may be reproduced or distributed without permission of OAG.698 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] (xvii) former Presidents and their spouses, Vice Presidents, Prime Ministers, First and Second Vice Presidents of the Revolutionary Government of Zanzibar, Speakers of the National Assembly, Chief Justices of the United Republic, Speakers of the House of Representative and Chief Justices of the High Court of Zanzibar; (xviii) all presidential candidates during the general election; and (xix) any other person as the Director General may, upon consultation with the President, determine; (f) provide protection of vital installations as designated by the Director General; (g) carry out security vetting, investigation or security clearance- (i) for persons holding or eligible to hold vettable posts in a public office; (ii) for persons having access to sensitive or classified information; (iii) for persons seeking to be registered as citizens of the United Republic; or (iv) for any other person for whom the Director General considers to require security vetting prior to execution of responsibilities by that person; (h) advise the President and Government on any security threat or potential threat to the security of United Republic; (i) perform such other functions as may be directed by the President or as may be prescribed under any other written law. security of United Republic; (i) perform such other functions as may be directed by the President or as may be prescribed under any other written law. (2) Save as otherwise provided in any other written law, it shall not be a function of TISS to- (a) enforce measures for security; or (b) institute surveillance of any person or category of persons by reason only of his or their involvement S to- (a) enforce measures for security; or (b) institute surveillance of any person or category of persons by reason only of his or their involvement ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.699 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] in lawful protest or dissent in respect of any matter affecting the Constitution, the laws or the Government of the United Republic. 6. The Minister shall be responsible for budgetary and such other policy related affairs of the Service. [s. 5A] PART III THE MANAGEMENT OF TISS 7.–(1) There shall be a Director General of Intelligence and Security who shall be appointed by the President. (2) A person shall be eligible for appointment as a Director General if that person- (a) is a citizen of Tanzania by birth; (b) is an employee of the Service; and (c) has such other qualifications as may be pertinent to the Service. (3) The Director General shall hold office under a contract of service during the pleasure of the President or a term not exceeding five years, and on terms and conditions as to salary, allowances, superannuation benefits, and otherwise, as the President may deem fit or as may be provided for by or under the Public Service Social Security Fund Act. perannuation benefits, and otherwise, as the President may deem fit or as may be provided for by or under the Public Service Social Security Fund Act. (4) Subject to subsection (5), the Director General is eligible, on the expiration of a first or any subsequent term of office, to be re-appointed for a further term not exceeding five years. (5) A person shall not hold office as Director General for terms exceeding ten years in the aggregate. (6) The Director General shall, subject to this Act and any directions of a general or specific character given by the President, be the chief executive officer of the Service. [s. 6] Role of Minister Act No. 2 of 2023 s. 6 Director General Act No. 2 of 2023 s. 7 Cap. 371 sident, be the chief executive officer of the Service. [s. 6] Role of Minister Act No. 2 of 2023 s. 6 Director General Act No. 2 of 2023 s. 7 Cap. 371 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.700 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] 8.–(1) There shall be two Deputy Directors General appointed by the President, one of whom shall be for Mainland Tanzania and the other for Tanzania Zanzibar. (2) The Deputy Directors General shall hold office and serve on such terms as may be specified in the contract of service. (3) A person shall be eligible for appointment as a Deputy Director General if that person- (a) is a citizen of Tanzania by birth; (b) is an employee of the Service; (c) in the case of Deputy Director General for Tanzania Mainland, is a Tanzanian hailing from Mainland Tanzania; (d) in the case of Deputy Director General for Tanzania Zanzibar, is a Zanzibari recognised under the Zanzibari Act of 1985; and (e) has such other qualifications as may be pertinent to the Service. [s. 6A] 9.–(1) There shall be Directors of the Service in respect of each directorate established pursuant to this Act who shall be appointed by the President. .–(1) There shall be Directors of the Service in respect of each directorate established pursuant to this Act who shall be appointed by the President. (2) A person shall be eligible for appointment as a Director if that person- (a) is a citizen of Tanzania by birth; (b) is an employee of the Service; and (c) has such other qualifications as may be pertinent to the Service. [s. 6B] 10.–(1) Subject to this Act, and notwithstanding the provisions of the Public Service Act- (a) officers of the Service; and (b) persons appointed or employed under the Public Service Act, or any other written law, Deputy Directors General Act No. 2 of 2023 s. 8 Director Act No. 2 of 2023 s. 8 Officers and employees of TISS Act No. 2 of 2023 s. 9 Cap. 298 en law, Deputy Directors General Act No. 2 of 2023 s. 8 Director Act No. 2 of 2023 s. 8 Officers and employees of TISS Act No. 2 of 2023 s. 9 Cap. 298 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.701 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] assigned to the intelligence or security service immediately before the enactment of this Act shall become employees of the Service with effect from the commencement of this Act. (2) Subject to this Act, the Director General may, on behalf of the Government of the United Republic- (a) employ under written agreement and on permanent or temporary basis such officers as he thinks necessary; or (b) engage other employees as he thinks necessary, for purposes of this Act. (3) A person shall not be employed to the Service unless he meets the qualifications and conditions set out in the regulations. (4) A person referred to in subsection (1) shall, upon the commencement of this Act, continue to have employment benefits equivalent to that he had immediately before the commencement of this Act until the time as those benefits are modified by the Service according to law. uivalent to that he had immediately before the commencement of this Act until the time as those benefits are modified by the Service according to law. (5) The Director General shall not employ any person as an officer save- (a) in an office, the grading and salary scale of which has been determined under section 11(1); and (b) upon the terms and conditions of service in force under section 12 in relation to the employment of persons as officers at the date on which the person is employed. (6) An officer of the Service shall, for purposes of this Act, be considered to be always on duty when required to act as such, and shall perform the functions and exercise powers granted to him under this Act or any other written law at any place where he may be deployed. (7) An officer of the Service may, where necessary in the performance of his functions under this Act and with the approval of the Director General, carry and use an official firearm. [s. 7] necessary in the performance of his functions under this Act and with the approval of the Director General, carry and use an official firearm. [s. 7] ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.702 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] 11.–(1) The salary scales applicable to officers in the Service other than the office of Director General shall be as determined by the Director General after consultation with the Chief Secretary, subject to any directions of the President in that behalf. (2) The designations of officers in the Service immediately before the enactment of this Act and the salary scales then applicable to those officers shall be deemed to have been determined in pursuance of subsection (1). [s. 8] 12.–(1) Unless the context requires otherwise, the Public Service Act shall not apply to the Director General or the officers and employees of the Service. (2) Subject to this Act, the terms and conditions of employment of officers and employees of the Service shall be determined by the Director General subject to the directions of the President in that behalf. oyment of officers and employees of the Service shall be determined by the Director General subject to the directions of the President in that behalf. (3) Notwithstanding subsection (1), an employee who attains the age of fifty-five may at any time voluntarily retire from the Service but an employee who does not opt to retire shall continue in the employment in the Service on pensionable terms until he attains the age of sixty years which is the age of compulsory retirement. (4) An employee who does not retire from Service upon attainment of fifty-five years shall not retire from Service except in the following cases- (a) on medical evidence to the satisfaction of the employer that he is incapable of discharging his duties by reason of becoming invalid; (b) on the satisfaction of the employer that retirement is otherwise necessary or unavoidable; (c) on abolition of an office or on cessation to hold office in pursuance to the provisions of Article 72 of the Constitution; or (d) on motion of the employer. [s. 9] Grading of officers Conditions of employment Acts Nos. 9 of 2000 s. 22 2 of 2023 s. 10 Cap. 298 Cap. 2 ution; or (d) on motion of the employer. [s. 9] Grading of officers Conditions of employment Acts Nos. 9 of 2000 s. 22 2 of 2023 s. 10 Cap. 298 Cap. 2 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.703 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] 13.–(1) Subject to the powers of the President in respect of any matter under this Act, the Director General shall have the command, control, direction, general superintendence and management of the Service and matters connected with it. (2) The Director General shall be the Chief advisor to the President and the Government with regards to national security on security intelligence and counter-intelligence. (3) Subject to any orders issued by the President in relation to any matter, orders and instructions to the Service which are required to give effect to the decisions and carry out the policies and directions of the Government shall be issued by or through the Director General. (4) Subject to section 16, the Director General shall be the disciplinary authority for officers of the Service employed under this Act. [s. 10] 14. The Chief Secretary shall be responsible for the coordination of the affairs of the President and public service in relation to the Service. [s. ] 14. The Chief Secretary shall be responsible for the coordination of the affairs of the President and public service in relation to the Service. [s. 10A] 15.–(1) For purposes of giving directions under section 13, the President may issue to the Director General written directions with respect to the Service. (2) The Director General shall consult with the President on matters concerning- (a) the general operational policies of the Service; and (b) any matter in respect of which consultation is required by directions issued under section 13 or under subsection (1) of this section. [s. 11] 16. Notwithstanding the Public Service (Negotiating Machinery) Act but subject to this Act, the Director General shall establish procedures respecting the consideration Role of Director General Act No. 2 of 2023 s. 11 Role of Chief Secretary Act No. 2 of 2023 s. 12 Role of President Act No. 2 of 2023 s. 13 Process for resolution of staff disputes Cap. 105 2023 s. 11 Role of Chief Secretary Act No. 2 of 2023 s. 12 Role of President Act No. 2 of 2023 s. 13 Process for resolution of staff disputes Cap. 105 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.704 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] and adjudication of grievances in relation to employees of the Service. [s. 12] 17.–(1) The Director General and every officer or employee of the Service shall, before assuming office, make or subscribe to an oath as prescribed in the Schedule to this Act as follows: (a) in the case of Director General, an oath of office and oath of allegiance before the President; (b) in the case of Deputy Director General and Directors, an oath of office and oath of allegiance before the Director General; and (c) in the case of officers or other employees of the Service, an oath of allegiance and oath of secrecy in the manner prescribed in the regulations. (2) An oath taken or subscribed under subsection (1) shall be binding during the course of service and upon retirement or termination of employment or engagement with the Service. [s. nder subsection (1) shall be binding during the course of service and upon retirement or termination of employment or engagement with the Service. [s. 13] PART IV DUTIES AND POWERS OF TISS 18.–(1) It shall be the duty of the Service to collect, by investigation or otherwise, to the extent that it is strictly necessary, and analyse and retain information and intelligence respecting activities that may on reasonable grounds be suspected of constituting a threat to the Security of the United Republic or any part of it. (2) The Service shall, in relation to the information dealt with under subsection (1), report to and advise the Government. (3) The Service may provide security assessment to department of the Government. (4) The Service may- (a) advise any Minister on matters relating to the security of United Republic; or Oaths Act No. 2 of 2023 s. 14 Duty to collect, analyse and retain information Act No. 2 of 2023 s. 15 relating to the security of United Republic; or Oaths Act No. 2 of 2023 s. 14 Duty to collect, analyse and retain information Act No. 2 of 2023 s. 15 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.705 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] (b) provide any Minister with information relating to security matters. (5) Notwithstanding the generality of subsection (1), the Service may collect information with regards to protective security to vital installations and personal protection under section 5(1)(e) and advise the Government or other relevant authorities. [s. 14] 19.–(1) The Service shall, subject to this Act, have power to investigate a person or body of persons whom or which it has reasonable cause to consider a risk or a source of risk of a threat to the state security. (2) The Service may conduct investigations which are required for the purpose of providing security assessments pursuant to section 18. tate security. (2) The Service may conduct investigations which are required for the purpose of providing security assessments pursuant to section 18. (3) The Service may, with the approval of the President, enter into an arrangement with- (a) a person or body of persons; (b) a local government or other authority; or (c) any security organ or law enforcement agency, (4) The Service may, with the approval of the President, enter into an arrangement with other security service organ of a foreign state or its institution or an international organisation or its institution authorising the Service to cooperate with the organ, institution or organisation in the provision of security assessment or intelligence information. [s. 15] 20.–(1) Subject to this section, a person shall not, unless with the written consent of the Director General, publish or cause to be published in a newspaper or other documents, or broadcast or cause to be broadcasted by a radio, television, social media or otherwise, information that any person, other than the Director General- (a) is an officer of the Service; or (b) is connected in any way with an officer of the Service. Power to investigate Act No. 2 of 2023 s. 16 Restriction on publication and broadcasting information Act No. 2 of 2023 s. 17 n officer of the Service. Power to investigate Act No. 2 of 2023 s. 16 Restriction on publication and broadcasting information Act No. 2 of 2023 s. 17 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.706 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] (2) The written consent of the Director General in relation to any proceedings in any court may be filed in the court and when filed shall be sufficient authority to persons to act in accordance with it. (3) A person who fails or refuses to comply with the provisions of this section commits an offence and on conviction shall be liable to a fine of not less than twenty million shillings or to imprisonment for a term of not less than fifteen years or to both. [s. 16] 21.–(1) Information and intelligence obtained in the performance of the duties and functions of the Service pursuant to this Act shall not be disclosed by the Service except in accordance with this section. formance of the duties and functions of the Service pursuant to this Act shall not be disclosed by the Service except in accordance with this section. (2) The Service may disclose information referred to in subsection (1) for purposes of the performance of its duties and functions under this Act or the administration or enforcement of this Act or as required by any other law and may also disclose that information where- (a) the information may be used in the investigation or prosecution of an alleged offence under any law in force in the United Republic, to a public officer having jurisdiction to investigate the alleged offence and the Attorney General or the law officer concerned with the proceedings in respect of the alleged offence; (b) in the opinion of the President, disclosure of the information to any Minister or public officer is essential in the public interest and that interest clearly outweighs any invasion of privacy that could result from the disclosure, to that Minister or public officer. (3) Any person who contravenes the provisions of this section commits an offence and on conviction, in addition to any disciplinary action, shall be liable to imprisonment for a term of not less than twenty years. [s. 17] Authorised disclosure of information Act No. 2 of 2023 s. 18 action, shall be liable to imprisonment for a term of not less than twenty years. [s. 17] Authorised disclosure of information Act No. 2 of 2023 s. 18 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.707 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] 22. For the purpose of performing its duties and functions under this Act, the Service may, with the prior approval of the President- (a) enter into an arrangement or otherwise cooperate with any department or other institutions of the Government or a local government authority; or (b) enter into an arrangement or otherwise co-operate with a security service organ of a foreign state or its institution or an international organisation or its institution. [s. 18] PART V MISCELLANEOUS PROVISIONS 23.–(1) No action or other proceedings shall lie or be instituted against the Director General or officer of the Service for or in respect of any act or thing done or omitted to be done in good faith in exercise or purported exercise of his function under this Act. rvice for or in respect of any act or thing done or omitted to be done in good faith in exercise or purported exercise of his function under this Act. (2) Where the Director General is of the opinion that, an officer or employee may, on a particular occasion have acted unlawfully in the purported performance of the duties and functions of the Service under this Act, he shall cause a report in respect of that matter to be submitted to the President. (3) The President may cause to be given to the Attorney General a copy of any report that he receives pursuant to subsection (2), together with any comment that he considers appropriate in the circumstances. [s. 19] 24.–(1) A person shall not disclose any information obtained in the course of the performance of functions under this Act, from which the identity of- (a) other person who is or was a confidential source of information or assistance to the Service shall be revealed; or Cooperation Act No. 2 of 2023 s. 19 Protection of officers and employees Act No. 2 of 2023 s. 20 Protection of sources of information Act No. 2 of 2023 s. 21 tion Act No. 2 of 2023 s. 19 Protection of officers and employees Act No. 2 of 2023 s. 20 Protection of sources of information Act No. 2 of 2023 s. 21 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.708 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] (b) a person who is or was an employee or officer employed in covert operational activities of the Service can be inferred. (2) A person who contravenes or fails or refuses to comply with the provisions of this section commits an offence and on conviction shall be liable to a fine of not less than fifteen million shillings or to imprisonment for a term of not less than fifteen years or to both. [s. 20] 25.–(1) Except where the contrary appears from the context of any law and subject to any special instructions of the Director General, a Deputy Director General or a Director, as the case may be, may exercise or discharge any of the powers or duties which the Director General is by any law entitled to exercise or required to discharge. may be, may exercise or discharge any of the powers or duties which the Director General is by any law entitled to exercise or required to discharge. (2) Except where the contrary intention appears from the context of any special instructions of the President, the Director General may authorise any officer of the Service, not being below the level of head of department, by name, office or appointment to exercise or discharge any of the powers or duties which the Director General is by any law entitled to exercise or required to discharge. (3) For the avoidance of doubt, this section shall not be deemed to derogate from any power of delegation conferred upon the Director General by the provisions of any other law. [s. 21] 26.–(1) The President may, upon recommendation of the Director General, make regulations providing for- (a) the administration of the Service; (b) the code of conduct for all officers and employees of the Service in relation to the conduct, discipline, presentation, considerations, ethical standards and general directions to be adhered to in the carrying out of the functions and exercise of the power conferred on the Service; Delegation of powers Regulations Act No. 2 of 2023 s. 22 d to in the carrying out of the functions and exercise of the power conferred on the Service; Delegation of powers Regulations Act No. 2 of 2023 s. 22 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.709 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] (c) description of equipment and other requirements to be provided for purposes of the Service; (d) the making and issue of reports, warrants or other documents for purposes of the Act; (e) other matters as may or are required to be prescribed under this Act or as may be necessary expedient for rendering the Service efficient in the discharge of its duties; or (f) generally the better and effective carrying out of the provisions of this Act in relation to any matter, whether or not similar to those mentioned in this section, as to which it may be convenient to make regulations. (2) Regulations made under subsection (1) shall be published only to officers of the Service and in a manner as the President determines. [s. lations. (2) Regulations made under subsection (1) shall be published only to officers of the Service and in a manner as the President determines. [s. 22] 27.–(1) A person who knowingly resists or obstructs any officer or employee of the Service acting in the execution of his duty commits an offence and on conviction shall be liable to a fine of not less than ten million shillings but not exceeding one hundred million shillings or to imprisonment for a term of not less than ten years but not exceeding fifteen years or to both. (2) An officer or employee of the Service who- (a) deserts; or (b) willfully disobeys a lawful order of a superior officer, commits an offence and on conviction shall be liable to imprisonment for a term of not less than fifteen years but not exceeding twenty years. (3) A person who, not being an officer or employee of the Service and without the permission of the Director General presents himself or conducts himself as being or as acting under powers of that officer or employee, commits an offence and on conviction shall be liable to imprisonment for a term of not less than fifteen years but not exceeding twenty years. [s. 23] Offences Act No. 2 of 2023 s. 23 ion shall be liable to imprisonment for a term of not less than fifteen years but not exceeding twenty years. [s. 23] Offences Act No. 2 of 2023 s. 23 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.710 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] 28.–(1) A person who was an officer of the Service shall not, without the authority of the Director General, disclose or communicate any information or information the disclosure of which is detrimental to national security. (2) A person who contravenes subsection (1) commits an offence and on conviction, shall be liable to imprisonment for a term of not less than fifteen years. [s. 24] 29. Notwithstanding the provisions of any written law, no person other than an officer of the Service shall, unless with the authority of the Director General, enter any premises of the Service or have access to books, records or other documents of the Service. [s. 25] 30. An act, omission or conduct constituting an offence under this Act shall be considered to be an offence even if such act, omission or conduct took place outside the United Republic. [s. 26] 31. offence under this Act shall be considered to be an offence even if such act, omission or conduct took place outside the United Republic. [s. 26] 31. A person who contravenes any provision of this Act for which no penalty is expressly provided commits an offence and on conviction, shall be liable to a fine of not less than five million shillings or to imprisonment for a term of not less than five years or to both. [s. 27] SCHEDULE (Made under section 17) OATH OF ALLEGIANCE I, …………………………………………..…………….. do hereby take Oath/Affirm that I will be faithful and bear true allegiance to the United Republic of Tanzania and that I will preserve, protect and defend the Constitution of the United Republic of Tanzania as by law. So Help Me God. Non-disclosure by persons no longer in Service Act No. 2 of 2023 s. 24 Restricted access Act No. 2 of 2023 s. 24 Commission of offences outside United Republic Act No. 2 of 2023 s. 24 General penalty Act No. 2 of 2023 s. 24 Act No. 2 of 2023 s. 25 2 of 2023 s. 24 Commission of offences outside United Republic Act No. 2 of 2023 s. 24 General penalty Act No. 2 of 2023 s. 24 Act No. 2 of 2023 s. 25 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.711 THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT [CAP. 406 R.E. 2023] KIAPO CHA UTII Mimi, ……………………………………………………….…….……. Naapa/Nathibitisha kwamba nitakuwa mwaminifu kwa Jamhuri ya Muungano wa Tanzania na kuitumikia kwa moyo wangu wote na kwamba nitaihifadhi, nitailinda na kuitetea Katiba ya Jamhuri ya Muungano wa Tanzania iliyowekwa kwa mujibu wa Sheria. Ewe Mwenyezi Mungu Nisaidie. OATH OF SECRECY I, ………………………………………………………. do hereby take Oath/Affirm that I will not, without due authority, disclose or make known to any person any information acquired by me by reason of the duties performed by me on behalf of, or under the direction of the Tanzania Intelligence and Security Service or by reason of any Office or Employment held by me pursuant to the Tanzania Intelligence and Security Service Act. So Help Me God. d Security Service or by reason of any Office or Employment held by me pursuant to the Tanzania Intelligence and Security Service Act. So Help Me God. KIAPO CHA KUHIFADHI SIRI Mimi, …….…….……................................................................................, Naapa/Nathibitisha kwamba sitatoa kwa mtu yeyote bila idhini, taarifa yoyote ya siri nitakayoipata kutokana na utekelezaji wa majukumu nitakayotekeleza kwa niaba ya, au kwa maelekezo ya Idara ya Usalama wa Taifa au kutokana na nafasi yangu ya kazi au ajira nitakayopewa kwa mujibu wa Sheria ya Idara ya Usalama wa Taifa. Ewe Mwenyezi Mungu, Nisaidie. OATH OF OFFICE I, ………………………………………………..………… do hereby take Oath/Affirm that I will faithfully serve the United Republic of Tanzania and the President in the performance of my duty as ………………………………………... So Help Me God. KIAPO CHA UTUMISHI Mimi, ………………………………………………………..…………, Naapa/Nathibitisha kwamba nitaitumikia kwa uaminifu Jamhuri ya Muungano wa Tanzania na Rais wake katika kazi ya …………………………………………………… Ewe Mwenyezi Mungu, Nisaidie. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.
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