CHAPTER 177
TANZANIA CENTRAL FREIGHT BUREAU ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
NOTICES
(Regulation 19(1))
[1st July, 2000]
G.N. No. 214 of 2000
1. This Notice may be cited as the Tanzania Central Freight Bureau (Fees and Charges) Notice.
2. Each shipping line or its shipping agent shall pay to the Bureau for every consignment discharged or loaded at any Port in Tanzania such fees or charges as are specified in the First or Second Schedule to this Notice.
3. Goods destined to or from Tanzania loaded or discharged at any Port other than Tanzania Sea Ports shall be subject to payment of fees at the rates prescribed in the First or Second Schedule to this Notice, and shall be payable by the consignee, consignor, or their agents as the case may be at entry points or cross-border points.
FIRST SCHEDULE
(Per Freight Ton) |
||||
IMPORTS |
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Route | Petroleum & Products | Dry Bulk | Liquid Bulk | General Cargo (Containerised, Loose, Machinery & Vehicles) |
| Rate per Ton (In USD) | Rate per Ton (In USD) | Rate per Ton (In USD) | Rate per Ton (In USD) |
US/CANADA | 0.3 | 0.3 | 0.75 | 1.75 |
FAR EAST/CHINA/MALAYSIA/ SINGAPORE/THAILAND | 0.3 | 0.3 | 0.75 | 1.75 |
AUSTRALIA/NEW ZEALAND | 0.3 | 0.3 | 0.75 | 1.75 |
NWC/UK | 0.25 | 0.25 | 0.5 | 1.5 |
INDIA AND PAKISTAN | 0.3 | 0.3 | 0.5 | 1.5 |
ARABIAN GULF | 0.25 | 0.25 | 0.25 | 0.75 |
SOUTH AFRICA | 0.25 | 0.25 | 0.25 | 0.75 |
OTHER (INCLUDING EAST AND WEST AFRICA | 0.25 | 0.25 | 0.25 | 0.75 |
SECOND SCHEDULE
(Per Freight Ton) |
|
EXPORTS | |
EXPORTS | RATE PER TON (IN USD) |
0.25 |
ORDERS
(Section 25(1))
[1st March, 1983]
G.Ns. Nos.
44 of 1983
554 of 1986
174 of 1990
1. This Order may be cited as the Tanzania Central Freight Bureau (Specification of Freight and Routes) Order.
2. As from the effective date the Bureau shall assume the exclusive rights to book or reserve freight or cargo space on any ocean going vessel for–
(a) all Tanzania export cargo from any port in Tanzania to any port in Western Europe;
{mprestriction ids="1,2,3"}
(b) all Tanzania import cargo from any port in Western Europe to any destination in Tanzania; and
(c) all crude petroleum and related products imported into Tanzania from any port abroad.
3. Unless otherwise directed by the Bureau–
(a) Tanzanian imports from countries which fall under the jurisdiction of the Bureau shall be on the terms "Free on Board" (FOB) port of shipment; and
(b) Tanzanian exports to countries under the Bureau's jurisdiction shall, as far as possible, be sold "Cost and Freight" (C&F) port of destination.
4. In exercising its exclusive right to book cargo and shipping space in the areas of its jurisdiction, the Bureau may take disciplinary action, in accordance with the provisions of the Act, against those who may violate the exclusivity.
5. (1) All freight offers falling under the jurisdiction of the Bureau but not reserved by the Bureau for any reason shall be communicated to the Bureau by the shippers or their representatives.
(2) The details of the shipment of such freight shall be communicated to the Bureau as soon as is practicable after the shipment.
6. (1) If, for any reason, the Bureau waives its exclusive rights in respect of any cargo it shall issue an exemption certificate which shall authorise customs authorities to pass all the related documents.
(2) Any importer or exporter failing to produce the certificate of exemption shall be committing an offence and shall pay a penalty amounting to 15% of the FOB value of the goods involved.
(3) The moneys that may accrue from such penalty shall be collected by the customs authorities and passed on to the Bureau.
7. Subject to the provisions of the Act, the Bureau shall have powers to issue binding directives and instructions to shippers, shipping agents, freight forwarders and any other participants in the movement of freight, for the purpose of carrying out the objectives of the Act.
8. The Tanzania Central Freight Bureau extends its jurisdiction to cover new geographical areas as specified in the Schedule to this Order.
SCHEDULE
1. Far East - including the Peoples Republic of China, Hongkong, Singapore, Malaysia, Indonesia, Burma, Thailand and Japan.
2. Australia and New Zealand.
3. The Indian sub-continent - including India, Pakistan, Bangladesh and Sri-Lanka.
4. Persian and Arabian Gulf Ports.
5. Red Sea Ports.
6. Mediterranean Sea Ports.
7. Black Sea Ports.
8. The Indian Ocean Islands.
9. The United States of America.
10. Canada.
11. Central America - including all islands in the Gulf of Mexico.
12. South America.
13. All other areas which were not previously covered.
REGULATIONS
(Section 25 (2))
G.Ns. Nos.
110 of 1985
493 of 1990
1. Citation
These Regulations may be cited as the Tanzania Central Freight Bureau Regulations.
2. Shippers to supply information
Every shipper shall regularly supply the Bureau with running information regarding his annual import or export plans as the case may be as well as his immediate requirements.
3. Importers advice to suppliers
Every Tanzania importer shall advise his suppliers through his order for goods that shipment of the goods ordered shall be arranged by the Bureau or its agents.
4. Shippers of Tanzania cargo to offer it to the Bureau
Every shipper of Tanzanian cargo shall, as soon as possible ahead of the date of shipping, offer his cargo to the Bureau for the purpose of obtaining a suitable vessel for its carriage.
5. Information to be submitted
(1) Every shipper offering cargo to the Bureau shall provide in the offer sufficient details to enable the Bureau to make the booking required.
(2) The details required under subregulation (1) shall be in accordance with the information in the booking forms CBO/001 for export cargo and CBO/002 for import cargo.
(3) For every export shipment the shipper shall, in addition, submit to the Bureau a shipping application on form CBO/CO3C duly completed in triplicate.
6. Importer to inform Bureau of outstanding orders
Every importer shall inform the Bureau of all outstanding, or any, orders which may have been placed with a supplier on a Cost and Freight basis and shall take steps to inform the supplier to offer the goods to the agents of the Bureau at the port of shipment.
7. Shippers to pay for freight
(1) Every shipper shall pay for the freight at the rate approved by the Bureau and in accordance with the payment arrangements agreed upon between the Bureau and any Bank as may be specified by the Bureau.
(2) The Bureau shall levy a service fee at the rate of 2½ per centum on every 1990 importer and 1¼ per centum on every exporter on the gross freight payable and that fee shall be due and payable for all shipments arranged by the Bureau irrespective of whether the sale or purchase contract terms between the buyer and the seller are cost and freight or board.
(3) The Bureau shall be entitled to any commission which may be payable by a shipowner in accordance with the accepted practice of the trade and shall also have authority to negotiate special commissions with a shipowner whenever such commissions are justified.
8. Available to be offered to Bureau
All available space on any ocean space going vessel which intends to carry Tanzanian cargo shall in the first instance be offered to the Bureau for the purpose of being allocated cargo.
9. Shipowners to supply information on sailing schedules
Every shipowner who intends to carry goods from, or destined for, Tanzania shall supply freight rates, current information relating to sailing schedules and available shipping space on each vessel.
10. Bureau to decide on space to accept
After assessing the cargo and space which is offered, the Bureau shall decide how much space and on what vessel to accept, and shall then execute the booking for the account of Tanzania shippers as well as undertake follow up of the bookings made.
11. Shipowner to provide copy of bill of lading
Every shipowner carrying Tanzania export or import cargo falling under the Bureau's jurisdiction shall provide the Bureau with a copy of each bill of lading, freight list and manifest in respect of his ship for the Tanzanian consignments.
(Section 25)
G.N. No. 188 of 2000
PART I
PRELIMINARY PROVISIONS (regs 1-3)
1. Citation
These Regulations may be cited as the Tanzania Central Freight Bureau Regulations.
2. Interpretation
In these Regulations, unless the context requires otherwise–
"Bureau" or "TCFB" means the Tanzania Central Freight Bureau;
"effective date" means the date on which Regulations are published in the Gazette;
"the Forum" means the Shipping Industry Consultative Forum;
"manifest" means a document that lists in detail all bills of lading issued by a carrier or its agent or master for a specific voyage;
"market rates" means the price at which the services are obtainable in the open market at any given one time;
"negotiation of freight rates and other charges" means one of the following situations–
(a) providing back up assistance to a shipper or shippers on request when negotiating freight rates or other charges with carriers or other service providers;
(b) exceptionally, negotiating directly with a carrier or carriers of other service providers on freight rates or other charges when contracted to do so by a shipper or shippers;
(c) carrying out consultations with carriers, terminal operators, intermediaries and shippers on the conditions which justify introduction or revision of freight rates and other charges by any of the service providers so as to afford them to sustain continued provision of services;
"TCFB territory" means the whole of the area inland, coastal and international waters of Tanzania in which, by virtue of law, agreement or other authority, TCFB carries on its operations or exercises its jurisdiction.
3. Application
These Regulations shall apply to all commercial shipping operations within TCFB territory.
PART II
REGULATOR (regs 4-8)
4. Vesting of regulator
With effect from the effective date, the Bureau shall assume and perform the role of Regulator of commercial shipping in Tanzania.
5. Goal for discharge of role
(1) The Bureau shall seek to discharge its role in a manner which will foster and promote open market conditions and ensure that the commercial shipping industry operates in accordance with those conditions.
(2) In discharging its functions and exercising its powers as regulator, the Bureau shall seek to promote an environment conducive to private sector investment, growth, fair competition, fair trade practices and the charging of market rates for services and may, where desirable, investigate complaints and adjudicate cases brought to it subject to observance of–
(a) the principles of natural justice;
(b) transparency and expeditious procedures;
(c) fair determination of issues;
(d) the right of appeal to a court of law by aggrieved parties.
6. Duties, powers and obligations of Regulator
For the purposes of the full and effectual discharge of its functions, the Bureau shall have power to–
(a) monitor the conduct and practices of shipping lines, shipping agents, freight forwarders, terminal operators and other sector service providers;
(b) facilitate negotiation of freight rates, other charges and surcharge agreements through consultation forum and mechanisms to be initiated jointly with shipping industry participants;
(c) undertake research in matters relating to maritime transport industry;
(d) require all shipping lines with ships loading or discharging cargo at Tanzania ports to–
(i) submit ships' particulars on first call;
(ii) file their tariffs;
(iii) submit copies of cargo and freighted manifests and charter parties for both imports and exports;
(iv) submit copies of operational or service agreements where applicable;
(v) submit notification of any imposition of new charges.
7. Furnishing information
For every import consignment the consignee or his agent as the case may be, shall avail to the Bureau through Customs, copies of commercial invoices, bills of lading and any other information which the Bureau may deem necessary to demand.
8. Confidentiality of information
The calling for, receipt and use by the Bureau of information under these Regulations shall have due regard to confidentiality.
PART III
CONSULTATIVE FORUM (reg 9)
9. Establishment of Consultative Forum
(1) There is hereby established a Forum to be known as the Shipping Industry Consultative Forum which shall provide stakeholders an opportunity for exchange of views, issues of standards, costs and services with a view to enhancing communication, consensus and overall competitive leverage.
(2) The Forum shall be composed of the following members–
(a) a representative from the Tanzania Harbours Authority as the Landlord Port;
(b) a representative from among terminal operators;
(c) a representative from the Tanzania Railways Corporation;
(d) a representative from the Shipping Agencies Association;
(e) a representative from among ship operators;
(f) a representative from the Freight Forwarders Association;
(g) a representative from the Tanzania Shippers Council;
(h) a representative from the Zanzibar Port Corporation;
(i) a representative from the Tanzania Chamber of Commerce, Industries and Agriculture (TCCIA);
(j) a representative from the Zanzibar Chamber of Commerce, Industries and Agriculture (ZCCIA);
(k) a representative from the Board of External Trade (BET);
(l) a representative from the Tanzania Exporters Association (TANEXA);
(m) a representative from the Truck Owners Association;
(n) a representative from the Customs Department of the Tanzania Revenue Authority;
(o) a representative from the Tanzania Zambia Railways Authority;
(p) three other members representing such stakeholders as the Minister may determine form time to time.
(3) The Director-General shall call for nominations of representatives to the Forum every two years and such representatives may be eligible for renomination.
(4) The Bureau shall chair and provide secretarial services to the Forum and facilitate the channelling or dissemination for the Forum's conclusions, recommendations and other initiatives and resulting feedback from the Government and other interested parties.
(5) The Forum shall ordinarily meet for the transaction of its business at the time and place to be determined by it, and shall meet at least once in every six months.
(6) All expenses in connection with the Forum's business shall be charged from the Forum of the Bureau.
(7) Subject to the provisions of this regulation, the Forum shall regulate its own proceedings.
PART IV
REGULATORY OPERATIONS (regs 10-18)
10. Shippers to register with the Bureau
(1) All shippers in Tanzania other than shippers of personal effects, diplomatic and missionary goods, shall register with the Bureau in accordance with the prescribed forms.
(2) A shipper registered under this regulation shall be issued with a certificate of registration, which shall be subject to renewal annually.
11. Cargo and freight manifest
(1) Every shipping line carrying Tanzania cargo shall through his shipping agent provide the Bureau with certified copies of cargo and freight manifest in respect of Tanzania consignments in the following manner–
(a) in case of import cargo, two days before the ship's arrival;
(b) in case of export cargo, within seven days after sailing.
(2) Every shipping line which does not provide the Bureau with certified copies of cargo and freighted manifests as provided for under subregulation (1) of this regulation commits an offence and shall be liable on conviction to pay a fine not exceeding five hundred US Dollars or its equivalent in Tanzania shillings as may be compounded by the Director-General or an officer duly authorised by him in writing in that behalf.
12. Shipping agencies to register with the Bureau
(1) Every shipping agent operating in TCFB territory shall make an application for registration with the Bureau in the prescribed form.
(2) The Bureau shall issue the shipping agent with a certificate of registration, which shall be subject to renewal annually.
13. Clearing and forwarding agents to register with the Bureau
(1) Every clearing and forwarding agent operating in Tanzania shall make an application to be registered with the Bureau in the prescribed form.
(2) The Bureau shall issue the clearing and forwarding agent with a certificate of registration which shall be subject to renewal annually.
14. Submission of ship particulars
Every master, operator, manager or shipping agent of a liner, merchant vessel calling at ports within TCBF territory shall on behalf of the owner, submit particulars of his ship in a prescribed form on first call and whenever there are amendments made to the ship particulars.
15. Submission of voyage charter particulars
Every master, operator, manager or shipping agent of a vessel on voyage charter within TCFB territory shall submit to the Bureau on behalf of the owner, particulars of his ship on every call.
16. Requirement of notice
Notwithstanding the freedom to earn a reasonable return on investments, every service provider, terminal operator, shipping agent, carrier, clearing and forwarding agent and other intermediary when intending to introduce new or revised tariffs, charges or other conditions affecting the trade, shall serve three months notice to the Bureau and to the shippers in order to allow consultations, negotiations or representations if any, by consumers of services.
17. Penalty for contravention
Any person who contravenes any provision of these Regulations commits an offence and if in respect of that offence no penalty is expressly provided shall, on conviction be liable to a fine not exceeding five hundred US dollars or its equivalent in Tanzania shillings, as may be compounded by the Director-General or an officer duly authorised by him in writing in that behalf.
18. Appeals
Any person who is aggrieved by any decision of the Bureau or fine imposed by the Bureau, may within seven days after such decision or imposition of such fine, give notice in writing to the Director-General of his intention to appeal and may within thirty days appeal to a court of competent jurisdiction within the TCFB territory.
PART V
FEES AND CHARGES (regs 19-23)
19. Fees
(1) In discharging its functions, the Bureau shall be paid on every consignment discharged or loaded at any Tanzania port by the shipping line or its shipping agent such amount of money as shall be determined by the Minister, and published from time to time in the Gazette and in any other manner determined by the Bureau for bringing the matter effectively to the knowledge of persons affected by it.
(2) All fees or charges raised under this regulation shall become due and payable upon demand by the Bureau.
20. Interest
Fees or charges remaining unpaid after thirty days of demand shall be charged interest at the rate of ten per centum per month compounded.
21. Recovery of debts
Any unpaid fees, charges, interest or fine payable under these Regulations, may be recovered as a civil debt in the court of a Resident Magistrate at the instance of the Director-General.
22. Offences
(1) Any person who knowingly and wilfully–
(a) refuses or fails to submit to the Bureau the particulars of a ship or voyage charter;
(b) refuses or fails to provide the Bureau with certified copies of cargo and freight manifest;
(c) refuses or fails to register with the Bureau his shipping agency;
(d) fails or refuses to register with the Bureau his clearing and forwarding agency;
(e) fails to give notice of his intention to introduce or to revise his tariffs or charges,
commits an offence punishable under these Regulations.
(2) Any shipper who knowingly or wilfully fails or refuses to register himself with the Bureau, as provided for under regulation 10, commits an offence punishable under these Regulations.
23. Transitional provision
All contracts entered into before the commencement of these Regulations in respect of shipment of cargo shall remain in force for a period for a period of three months after such commencement. {/mprestriction}