CHAPTER 406
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.

PART III
THE MANAGEMENT OF TISS

   6.   The Director-General.

   7.   Officers and employees of TISS.

   8.   Grading of officers.

   9.   Conditions of employment.

   10.   Role of Director-General.

   11.   Role of Minister.

   12.   Process for resolution of staff disputes.

   13.   Oaths.

PART IV
DUTIES AND POWERS OF TISS

   14.   Duty to collect, analyse and retain information.

   15.   Power to investigate.

   16.   Restriction on publication and broadcasting information.

   17.   Authorised disclosure of information.

   18.   Co-operation.

PART V
MISCELLANEOUS PROVISIONS

   19.   Protection of officers and employees.

   20.   Protection of sources of information.

   21.   Delegation of powers.

   22.   Regulations.

   23.   Offences.

SCHEDULE

CHAPTER 406
THE TANZANIA INTELLIGENCE AND SECURITY SERVICE ACT

An Act to establish the Tanzania Intelligence and Security Service and to make provisions.

[10th March, 1998]
[G.N. No. 106 of 1998]

Acts Nos.
15 of 1996
9 of 2000

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title Act No. 15 of 1996">

   This Act may be cited as the Tanzania Intelligence and Security Service Act.

2.   Application

   This Act shall apply to Mainland Tanzania as well as to Tanzania Zanzibar.

3.   Interpretation

   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;

   "Director-General" means the Director-General of the Service appointed under section 6;

   "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 such an offence as defined by the National Security Act;

   "foreign state" means any state other than Tanzania;

   "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 communication, or acquire its substance, meaning or purport, and “interception” has a corresponding meaning;

   "Minister" means the Minister responsible for intelligence and security or, if no such Minister is appointed, the President;

   "place" includes any conveyance;

   "sabotage" means any such offence under the National Security Act *;

   "security" means the protection of the United Republic from acts of 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 Tanzania and, so far as it relates thereto, the reliability of an individual;

   "the service" means the Tanzania Intelligence and Security Service established by 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" means planning, threatening, using or attempting to use violence to coerce, deter or intimidate–

   (a)   the lawful authority of the State in the United Republic or any part of it.

   (b)   the community throughout the United Republic or in any area in the United Republic,

for the purpose of furthering any political aim;

   "threats to the security of the United Republic" means–

   (a)   espionage, sabotage or other activities which are against Tanzania or are detrimental to the integrity, sovereignty or other interests of Tanzania or are activities directed toward or in support of such espionage or sabotage;

   (b)   foreign influenced activities within or relating to Tanzania that are detrimental to the interests of Tanzania or are clandestine or deceptive or involve a threat to any person;

   (c)   activities within or relating to Tanzania 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 Tanzania or a foreign state; and

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