CHAPTER 254
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.   Requests by Tanzania.

   9.   Request for assistance by foreign country.

PART II
ASSISTANCE IN RELATION TO TAKING OF EVIDENCE AND PRODUCTION OF DOCUMENTS OR OTHER ARTICLES

   10.   Request by Tanzania for taking of evidence, etc.

   11.   Request for evidence by foreign country.

PART III
ASSISTANCE IN RELATION TO SEARCH AND SEIZURE

   12.   Requests by Tanzania for search and seizure.

   13.   Requests by foreign countries for search and seizure.

PART IV
ARRANGEMENT FOR PERSONS TO GIVE EVIDENCE OR ASSIST IN INVESTIGATIONS

   14.   Request for removal of certain persons to Tanzania.

   15.   Arrangements between Attorney-General and Minister in relation to custody of certain persons.

   16.   Custody of certain persons.

   17.   Immunities.

   18.   Status of person prosecuted for offence committed after departure from foreign country.

   19.   Limitation on use of evidence given by certain persons.

   20.   Conditions of imprisonment.

   21.   Release of person from custody.

   22.   Escaping.

   23.   Arrest of person who has escaped from custody.

   24.   Requests for giving of evidence at hearing in foreign country.

   25.   Requests for assistance in relation to investigations in foreign countries.

   26.   Effect of removal to foreign country on prisoner's term of imprisonment.

PART V
CUSTODY OF PERSONS IN TRANSIT

   27.   Transit.

   28.   Escaping.

   29.   Arrest of person in transit.

PART VI
PROCEEDS OF CRIME

   30.   Request for enforcement of orders.

   31.   Requests for issue of orders in foreign countries.

   32.   Registration of orders.

   33.   Requests for search and seizure warrants in respect of tainted property.

   34.   Requests for interim interdicts.

   35.   Requests for information gathering orders.

PART VII
MISCELLANEOUS PROVISIONS

   36.   Service of documents.

   37.   Evidence.

   38.   Authentication of documents.

   39.   Regulations.

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]
[G.N. No. 299 of 1994]

Act No. 24 of 1991

PART I
PRELIMINARY PROVISIONS (ss 1-9)

1.   Short title

   This Act may be cited as the Mutual Assistance in Criminal Matters Act.

2.   Interpretation

   (1) In this Act–

   "appropriate authority" means the authority of a foreign country which is authorised in terms of its law to make requests;

   "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 subsection (1) of section 32 for the forfeiture of property located in the United Republic in respect of a foreign specified offence;

   "foreign interdict" means an order registered in the United Republic in terms of subsection (2) of section 32 in respect of a foreign specified 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 specified offence and registered in the United Republic in terms of subsection (1) of section 32 but does not include an order for the payment of money by way of compensation, restitution or damages;

   "foreign specified offence" means a specified offence against a law of a foreign country;

   "interdict" means an order restraining any person from dealing with property;

   "magistrate" means a district magistrate or resident magistrate as defined in the Magistrates 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 *;

   "serious narcotics offence" has the meaning assigned to it in the Proceeds of Crime Act *;

   "serious offence" means an offence the maximum penalty for which is death or imprisonment for not less than twelve months and "criminal matter" shall be construed accordingly;

   "specified offence" has the meaning assigned to it in the Proceeds of Crime Act;

   "tainted property" has the meaning assigned to it in the Proceeds of Crime Act *.

   (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 the purposes of this Act–

   (a)   a colony, territory or protectorate of a foreign country; or

   (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 county,

shall, unless a contrary intention appears, be deemed to be part of that country.

3.   Application of Act

   (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.

   (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.   Aspects of mutual assistance

   For the 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;

   (h)   the interdicting 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)   the location of property that may be forfeited, or that may be needed to satisfy pecuniary penalties imposed, in respect of offences; and

   (j)   the service of documents.

5.   Act not to prevent other provision of mutual assistance

   Nothing in this Act shall be construed as preventing the provision or obtaining of assistance in criminal matters otherwise than as provided in this Act.

6.   Refusal of assistance

   (1) A request by a foreign country for assistance under this Act shall be refused if, in the opinion of the Attorney-General–

   (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;

   (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 11, 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 Attorney-General–

   (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;

   (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 may be conditional

   Assistance in terms of this Act may be provided to a foreign country subject to such conditions as the Attorney-General may determine.

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