CHAPTER 415
SHIPPING AGENCY ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    REGULATIONS

        The Shipping Agency Regulations

REGULATIONS

THE SHIPPING AGENCY REGULATIONS

ARRANGEMENT OF REGULATIONS

    Regulation

Title

    1.    Citation.

    2.    Interpretation.

    3.    Application for licence.

    4.    Eligibility for licence.

    5.    Licences.

    6.    Licence fees.

    7.    Conditions of licence.

    8.    Ensurance in the performance of auxiliary shipping services.

    9.    Professional qualifications.

    10.    Financial qualifications.

    11.    Professional conduct.

    12.    Disciplinary measures.

    13.    Agency services fee.

    14.    Furnishing of statements, declaration or records.

    15.    Establishment of Shipping Agency Committee.

    16.    Composition.

    17.    Functions.

    18.    Tenure of appointment.

    19.    Meetings.

    20.    Minutes of meetings.

    21.    Committee may regulate its own proceedings.

    22.    Offences and penalties.

SCHEDULE

THE SHIPPING AGENCY REGULATIONS

(Sections 8, 9 and 24)

G.Ns. Nos.
338 of 2002
513 of 2002

1.    Citation

    These Regulations may be cited as the Shipping Agency Regulations.

2.    Interpretation

    In these Regulations, unless the context requires otherwise–

    "Act" means the Shipping Agency Act *;

    "Authority" means the Surface and Marine Transport Regulatory Authority established under section 4 of the Surface and Marine Transport Regulatory Authority Act *;

    "Committee" means the Agency Committee;

    "licence" means a licence to carry on the business of shipping agency;

    "Minister" means the Minister responsible for shipping agency matters.

3.    Application for licence

    (1) Every company desiring to carry on business as a shipping agent shall–

    (a)    make an application in that behalf to the Authority in the form as set out in the First Schedule to these Regulations;

    (b)    make an application on or before the thirtieth day of November of the preceding year;

    (c)    pay to the Authority a non-refundable fee of US$ 20 or its equivalent in Tanzania shillings;

    (d)    furnish to the Authority all such information as may be required for the purposes of dealing with the application.

    (2) Every application for renewal of a licence shall be accompanied by–

    (a)    a letter from the owner or operator of a shipping line appointing the applicant as the agent in Mainland Tanzania; or

    (b)    a copy of the agency agreement signed by the shipping agent and the shipping line where the principal operates a regular liner service; or

    (c)    a letter indicating the agency terms where the principal does not operate a regular liner service; or

    (d)    a written undertaking by the applicant that the applicant shall in form the Authority of any change in the number and composition of shipping lines represented by the applicant; any changes in the Board of Directors of the company; any change in the shareholding of the company or any change of the location of the business premises.

4.    Eligibility for licence

    In the case of fresh application and on subsequent renewal no company shall be eligible for a licence to carry on business as a shipping agent if that company–

    (a)    is a ship-owner, operator or a charterer;

    (b)    does not possess the prescribed qualifications for the proper carrying on the business of shipping agency provided under the Act and these Regulations;

    (c)    does not have a proper registered place of business in Tanzania;

    (d)    has not complied with any provisions of the Act or any regulations made under the Act;

    (e)    has a known criminal record inside or outside the country.

5.    Licences

    Every licence issued to a shipping agent in December in any year shall be valid for a term of one year and shall be in the form as set out in the Second Schedule.

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6.    Licence fees

    (1) The annual fee payable for a licence as specified under regulation 5 shall be US$ two thousand or its equivalent in Tanzania shillings.

    (2) Where a licence is granted on or after–

    (a)    the thirty-first day of May in any year, and before the thirtieth day of November in that year, the licence fee payable shall be two-thirds of the fee which is payable under subregulation (1);

    (b)    the thirtieth day of August in any year, and before the thirtieth day of November in that year, the licence fee shall be one-third of the fee which is payable under subregulation (1).

7.    Conditions of licence

    (1) Every licence issued to a shipping agent as specified under regulation 5 shall unless earlier cancelled or suspended, expire on the thirty-first day of December of the year in respect of which that licence was issued.

    (2) Every person who is granted a business licence shall exhibit the licence in a conspicuous place in the registered business place.

8.    Ensurance of the performance of auxiliary shipping services

    (1) For the purpose of this regulation "miscellaneous port services" includes "trimming, lashing, unlashing, watchmanship, cleaning and lining".

    (2) In arranging for provision of shipping agency services by a shipping agent as provided for under section 3 of the Act, the Authority shall ensure that miscellaneous port services, tallying services and ship chandling are performed by local companies.

    (3) For the purpose of this regulation, "local company" means a company which is solely owned by Tanzanian citizens.

9.    Professional qualifications

    A shipping agent shall be considered professionally qualified if–

    (a)    he has obtained the necessary experience in the profession by working in a responsible capacity with a qualified shipping agent for at least three years;

    (b)    he is of good standing and is able to demonstrate good reputation and competence; and

    (c)    he has at least a certificate in shipping management or its equivalent; or

    (d)    in the case of a company it employs persons having the qualifications provided under paragraphs (a), (b) and (c) of this regulation.

10.    Financial qualifications

    A company or an individual shipping agent shall be considered financially sound if the company or the individual maintains a minimum paid up share capital and solvency of not less than the amount prescribed by the Minister and published in the Gazette from time to time.

11.    Professional conduct

    Every shipping agent in observing professional conduct, shall–

    (a)    not engage in clearing and forwarding of cargo business;

    (b)    represent only the shipping line specified in the application form for grant of a licence;

    (c)    discharge his duties to his principal with honesty, integrity and impartiality;

    (d)    apply a standard of competence in order to perform in a conscientious, diligent and efficient manner all services undertaken by a shipping agent;

    (e)    observe all laws and other regulations relevant to his duties;

    (f)    exercise due diligence to guard against fraudulent practices;

    (g)    exercise due care when handling monies on behalf of the principal;

    (h)    observe any other professional conduct as may be directed by the Authority.

12.    Disciplinary measures

    In proved cases of non-compliance by a shipping agent, the Authority shall include the following disciplinary measures–

    (a)    warnings;

    (b)    a requirement for any undertaking as to the shipping agents future conduct;

    (c)    temporary suspension of authorization to operate as a shipping agent;

    (d)    cancellation of authorization to operate as a shipping agent.

13.    Agency services fee

    A shipping agent shall levy a fee to be approved by the Authority for the services rendered by the shipping agent to the principal.

14.    Furnishing of statements, declaration or records

    Every shipping agent shall make, subscribe and deliver to the Authority a true statement of the particulars of the declaration or records as required.

15.    Establishment of Shipping Agency Committee

    There is hereby established a Committee which shall be known as the Shipping Agency Committee.

16.    Composition

    (1) The Minister shall appoint members of the Committee as follows–

    (a)    three representatives from the Ministry responsible for industry and trade;

    (b)    one representative from the Ministry responsible for communications and transport;

    (c)    one representative from the Ministry responsible for justice and constitutional affairs;

    (d)    one representative from the Ministry responsible for Home Affairs - Immigration Department;

    (e)    one representative from the Tanzania Central Freight Bureau;

    (f)    one representative from the Tanzania Revenue Authority - Customs Department; and

    (g)    not more than five other persons, as he may deem necessary.

    (2) The members shall elect from amongst themselves the Chairman and the Secretary of the Committee.

17.    Functions

    The functions of the Committee shall be–

    (a)    to issue licences and register shipping agents;

    (b)    to superintend the standards required of shipping agents as provided under the Act and these Regulations;

    (c)    to afford guidance to shipping agents on the standardisation of, and clarification and amendment of terms and conditions in shipping agency contracts;

    (d)    to advise the Minister on matters related to shipping agency.

18.    Tenure of appointment

    The Committee members shall each hold office only during the period at which the Minister assumes the functions and duties of the Authority relating to shipping agency business.

19.    Meetings

    (1) The Committee shall meet as often as there arises the need for the exercise of the functions of the Committee.

    (2) Any meeting of the Committee shall be convened by the Chairman and at such places and times as the Chairman may specify in the notice of the meeting.

20.    Minutes of meetings

    Minutes in proper form of each meeting of the Committee shall be kept and shall be confirmed by the Committee at its next meeting.

21.    Committee may regulate its own proceedings

    Subject to these Regulations, the Committee shall have power to regulate its procedure in relation to its meetings and the transaction of its business.

22.    Offences and penalties

    Any person who–

    (a)    carries on shipping agency business without being the holder of a valid licence authorising him to carry on such business; or

    (b)    in or in relation to any application for a licence makes any statement which is false in any material particular; or

    (c)    carries on business at any place not specified in a valid licence in respect of the shipping agency business; or

    (d)    furnishes any return, record statement, declaration, written information or explanation containing any particulars which to his knowledge are false or incorrect; or

    (e)    fails to exhibit as required by regulation 7(3) any licence granted to him under the Act; or

    (f)    commits any offence under the Act; or

    (g)    fails to produce a licence upon being required to do so under the Act; or

    (h)    hinders or obstructs the Divisional Director of the Authority, the Committee or any other prescribed officer in the performance of their duties under the Act and these Regulations; or

    (i)    fails to surrender the licence granted to him when required to do; or

    (j)    fails to comply with any conditions of a licence; or

    (k)    with intent to evade the payment of the full licence fee wilfully does or omits to do any act or thing,

commits an offence and is liable on conviction to a fine of not less than USD five hundred or its equivalent in Tanzania shillings and of not more than USD twenty thousand or its equivalent in Tanzania shillings or to a term of imprisonment of not less than six months or and more than five years or to both.

FIRST SCHEDULE
APPLICATION FORM FOR A LICENCE TO CARRY ON BUSINESS AS A SHIPPING AGENT

(Regulation 3)

SECOND SCHEDULE
LICENCE TO CARRY ON BUSINESS AS SHIPPING AGENT

UNITED REPUBLIC OF TANZANIA

(Regulation 5)

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