CHAPTER 356
DIPLOMATIC AND CONSULAR IMMUNITIES AND PRIVILEGES ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title and application.

   2.   [Omitted.]

   3.   Interpretation.

   4.   Application of the Vienna Conventions.

PART II
REPRESENTATIVES OF FOREIGN POWERS

   5.   Immunities of representatives.

   6.   Immunities of members of official staff of a diplomatic head of mission.

   7.   Immunities of members of the family or diplomatic staff of a chief representative.

   8.   Immunities of members of the domestic staff of a head of mission.

   9.   Power of the Minister to confer immunities.

PART III
CONSULAR IMMUNITIES

   10.   Immunities.

   11.   Restriction of powers of entry in relation to consular posts.

   12.   Size of consulate.

PART IV
INTERNATIONAL ORGANISATIONS AND STAFFS

   13.   Immunities, privileges and capacities of certain international organisations and persons connected therewith.

   14.   Immunities and privileges of representative staff or high officer's family.

   15.   Immunities accorded to Tanzanians working with an international institution or organisation.

   16.   Functional immunities to Tanzanian national working with international institute or organisation.

   17.   All risk insurance.

   18.   Application of Part IV in respect of United Nations.

PART V
GENERAL PROVISIONS

   19.   Exemption from taxation of persons entitled to immunity.

   20.   Minister to publish list.

   21.   Immunities of representative attending international conferences.

   22.   Waiver of immunities or privileges.

   23.   Minister may withdraw immunity.

   24.   Persons not included in diplomatic list.

   25.   Special provisions relating to customs duty.

   26.   Sale of motor vehicle subject to customs authorities.

   27.   Sale of motor vehicle in Zanzibar.

PART VI
WITHDRAWAL AND RESTRICTION OF DIPLOMATIC AND OTHER IMMUNITIES AND PRIVILEGES

   28.   Reciprocal treatment.

   29.   Withdrawal of personal immunities in respect of diplomatic representative of foreign powers.

   30.   Domestic servants.

PART VII
REPEAL, SAVINGS AND CONSEQUENTIAL PROVISIONS

   31.   [Repeal and savings.]

SCHEDULES

CHAPTER 356
THE DIPLOMATIC AND CONSULAR IMMUNITIES AND PRIVILEGES ACT

An Act to make better provisions for the conferring of immunities and privileges on representatives of foreign sovereign powers and other representatives in Tanzania.

[1st February, 1987]
[G.N. No. 88 of 1987]

Act No. 5 of 1986
G.Ns. Nos.
330 of 2000
186 of 2001

PART I
PRELIMINARY PROVISIONS (ss 1-4)

1.   Short title and application

   This Act may be cited as the Diplomatic and Consular Immunities and Privileges Act, and applies to Mainland Tanzania as well as Tanzania Zanzibar.

2.   Omitted

   [Omitted.]

3.   Interpretation

   In this Act, unless the context otherwise requires–

   "consular employee" means any person, other than a consular officer, who is employed in the administrative or technical service of a consular post and whom the Minister recognises as such, but shall not include any driver or private servant employed on domestic duties at or in the upkeep of the consular post;

   "consular officer" means any person including the head of a consular post appointed as such by a foreign sovereign power and holding a valid exequatur or other authorisation to exercise consular functions in the united Republic;

   "diplomatic agent" means the head of the mission or a member of the diplomatic staff of the mission;

   "diplomatic employee" means a member of the staff of a mission of a foreign sovereign power in the United Republic who has a diplomatic rank;

   "Minister" means the Minister responsible for external affairs;

   "Vienna Convention on Consular Relations" means the Vienna Convention on Consular Relations signed in Vienna on 24th April, 1963;

   "Vienna Convention on Diplomatic Relations" means the Vienna Convention on Diplomatic Relations signed in Vienna on 18th April, 1961.

4.   Application of the Vienna Conventions

   Subject to this Act, the provisions of the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations shall, to the extent specified in the First and Second Schedules to this Act, respectively have the force of law in the United Republic.

PART II
REPRESENTATIVES OF FOREIGN POWERS (ss 5-9)

5.   Immunities of representatives

   (1) Subject to this Act, representatives in the United Republic of foreign sovereign powers shall be granted immunities and privileges in accordance with this Part of this Act.

   (2) Any person for the time being recognised by the Government of the United Republic as the head of mission in Tanzania of any foreign sovereign power, whether he is known by the title of High Commissioner for that country or by any other title, shall be entitled to the like immunities and privileges as are accorded to the envoy of a foreign sovereign power accredited to Tanzania.

6.   Immunities of members of official staff of a diplomatic head of mission

   Any member of the diplomatic staff of a mission performing duties substantially corresponding to those performed by any member of the diplomatic staff of a mission of a foreign sovereign power shall be entitled to the like immunities as are accorded to members of the diplomatic staff of such a mission.

7.   Immunities of members of the family or diplomatic staff of a chief representative

   Any member of the family of a head of a mission or of a member of the diplomatic staff of a mission entitled to immunities under section 6 shall be entitled to immunities to the like extent as any member of the family of such an envoy or, as the case may be, of a member of the diplomatic staff of such a mission.

8.   Immunities of members of the domestic staff of a head of mission

   A member of the domestic staff of a head of mission shall be entitled to the like immunities as are accorded to members of the domestic staff of such an envoy.

9.   Power of the Minister to confer Immunities

   The Minister may, by Order published in the Gazette, confer–

   (a)   on persons in the service of the government of a foreign sovereign power holding such offices or classes of offices as may be specified in the Order, being offices or classes of offices appearing to him to involve the performance of duties substantially corresponding to those which in the case of a foreign sovereign power, would be performed by a diplomatic agent;

   (b)   on a person for the time being recognised by the Government of the United Republic as the head of mission in Tanzania of any state or province of a country represented in the United Republic;

   (c)   on members of staff of a diplomatic agent holding such offices or classes of offices as may be specified in the Order, being offices or classes of offices appearing to the Minister to involve the performance of duties substantially corresponding to those which, in the case of a foreign sovereign power, would be performed by a diplomatic employee,

the like immunity from suit and legal process and the like inviolability of official archives as are accorded to diplomatic agents of a foreign sovereign power, and the Order may provide for applying, in relation to official premises of persons on whom immunity is conferred under this section, the provisions of subsection (1) of section 11 as if those premises were consular offices of a country to which that section applies and those person were consular officers.

PART III
CONSULAR IMMUNITIES (ss 10-12)

10.   Immunities

   Subject to the provisions of this Act, every member of the consular post of a foreign sovereign power in the United Republic shall be entitled to such immunities and privileges as is necessary to comply with the terms of any treaty or other international agreement to which the foreign power and the United Republic are parties, or as is recognised by the principles of customary international law and usage.

11.   Restriction of powers of entry in relation to consular posts

   (1) Subject to the provisions of this Act, the premises of a consular post of a foreign sovereign power shall not be entered by a police officer or other person acting in the execution of any warrant or other legal process or in exercise of powers conferred by or under any enactment (whether passed before or after the commencement of this Act) or otherwise, except with the consent of the consular officer in charge or if that consent is withheld or cannot be obtained, with the consent of the Minister.

   (2) No entry shall be effected to the consular premises except where–

   (a)   a person is authorised or permitted by law to enter the consular premises without such consent where such entry is necessary for extinguishing a fire which has or is reasonably believed to have broken out thereon or on any premises or place, or for protecting the consular premises or place from acts done for fire-fighting purposes;

   (b)   a police officer having reasonable cause to believe that a crime; involving violence has been or is being or is about to be committed in the consular premises;

   (c)   a person is entitled to entry by virtue of any easement, contract or other private right.

   (3) This section shall not apply to any consular post which is for the time being in the charge of a consular officer who is a citizen of the United Republic or is not a national of the country by which the post is maintained.

12.   Size of consulate

   In the absence of an express agreement as to the size of a consulate in the United Republic, the Government of the United Republic may require that the size of the consulate be kept within reasonable and normal limits, having regard to circumstances and conditions in the United Republic and to the needs of the consulate.

PART IV
INTERNATIONAL ORGANISATIONS AND STAFFS (ss 13-18)

13.   Immunities, privileges and capacities of certain international organisations and persons connected therewith

   (1) The Minister may, by Order published in the Gazette

   (a)   provide that any organisation specified in the Third Schedule (hereinafter referred to as the organisation) shall, to such extent as may be so specified in the Order, have the immunities and privileges set out in Part I of the Fourth Schedule, and shall also have the legal capacities of a body corporate;

   (b)   confer upon such number of officers of the organisation as may be so specified in the Order, being the holders of such high offices in the organisation as may be specified in the Order, and upon such persons employed on missions on behalf of the organisation as may be so specified, and upon any person who is a representative (whether of a government or not) in, or a member of, the organisation or any organ thereof, to such extent as may be so specified, the immunities and privileges set out in Part II of the Fourth Schedule; and

   (c)   confer upon such other classes of offices and servants of the organisation as may be so specified in the Order to such extent as may be so specified, the immunities and privileges set out in Part III of the Fourth Schedule.

   (2) The Minister may, by Order published in the Gazette add to the Third Schedule, the name of any organisation of which the government of the United Republic and the government or governments of one or more foreign sovereign powers are members, and may delete the name of any organisation of which the government of the United Republic ceases to be a member.

14.   Immunities and privileges of representative staff or high officer's family

   Part IV of the Fourth Schedule shall have effect for the purpose of extending to the staff of representatives and families of officers upon whom immunity and privileges are conferred under section 13(1)(b) of this Act, the immunities and privileges referred to therein.

15.   Immunities accorded to Tanzanians working with an international institution or organisation

   A citizen of the United Republic employed in any of the Institutions or Organisations specified in the Third Schedule–

   (a)   as a Director or Assistant Director shall have the immunities and privileges to such extent as are set out in Part III of the Fourth Schedule;

   (b)   as an officer or adviser in a general or professional category comparable to any obtaining under the United Nations Schemes of Service, shall be granted functional immunities in relation to the execution of official duties and shall be exempted from paying custom duty, subject to this Act.

16.   Functional immunities to Tanzanian national working with international institute or organisation

   Where a citizen of the United Republic employed by any of the Institutions or Organisations specified in the Third Schedule is not in any category described under paragraph (1) or (b) of section 15, he shall–

   (a)   be granted functional immunities in relation to official duties;

   (b)   pay income tax in respect only of such part of his salary as is equivalent to the salary he was earning prior to his employment by the institution or organisation.

17.   All risk insurance

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