The Prevention of Terrorism Act, Chapter 19 [Principal Legislation], Revised Edition 2023

1. Short title. w ed

2. Application. ut rib

3. Interpretation. st di or part ii ed uc PROHIBITION OF ACTS OF TERRORISM AND PROLIFERATION FINANCING od pr re be (a) Prohibition of Acts of Terrorism ay m

4. Definition and prohibition for terrorism act. ok

5. Commission of offence of terrorist meeting. bo is

6. Offence of proscribed organisation for commission of terrorist act. th of

7. Rendering support to terrorism. rt pa

8. Harbouring terrorists. o .N

9. Possession of unauthorised article information, etc. d ve

10. Prohibition against false threats of terrorist acts. r se

11. Overriding effect. re s ht

12. Penalties. rig ll .A (b) Prohibition of Proliferation Financing a ni za

13. Prohibition of proliferation financing. an fT to part iii en SPECIFIED ENTITIES n m er

14. International terrorism. ov G

15. Designation of domestic terrorists. 25 20 © part iv OFFENCES

16. Prohibition of financing of terrorism. v <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023]

17. Collection of property or provision of property and services for commission of terrorism acts.

18. Prohibition of terrorism related to travel.

19. Use of property for commission of terrorist act.

20. Arrangement for retention or control of terrorist property. . AG

21. Dealing with property owned or controlled by terrorist groups. O

22. Soliciting and giving support to terrorist groups for commission of of n terrorist acts. io s is

23. Harbouring of persons committing terrorist acts. m er

24. Provision of weapons to terrorist groups. tp ou

25. Recruitment of persons to be members of terrorist groups or to ith participate in terrorist acts. w ed

26. Promotion or facilitation of commission of terrorist acts in foreign states. ut rib

27. Promotion of offences. st di

28. Conspiracy to commit offences under this Act. or ed

29. Membership of terrorist groups. uc 30. od Arrangement of meetings in support of terrorist groups. pr

31. Participation in commission of offences under this Act. re be

32. Financial penalties. ay m ok part v bo INVESTIGATION OF OFFENCES is th of

33. Powers of arrest. rt pa

34. Power of investigation in cases of urgency. o .N

35. Intelligence gathering. d ve

36. Powers to intercept communications and admissibility of intercepted r se communications. re s

37. Detention of aircraft or vessel. ht rig

38. Power to seize property used in commission of terrorist acts. ll .A a ni za part vi an TRIAL OF OFFENCES fT to

39. Jurisdiction to try offences under this Act. en m

40. Evidence by certificate. n er ov

41. Orders for forfeiture of property on conviction for offences under this Act. G 25 20 part vii © EXTRADITION AND MUTUAL ASSITANCE IN CRIMINAL MATTERS

42. Exchange of information relating to terrorist groups and terrorist acts.

43. Counter terrorism Convention to be used in basis for extradition.

44. Offences not to be deemed political. vi <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] part viii MISCELLANEOUS

45. Duty to disclose information relating to offences and terrorist acts.

46. Duty to disclose information relating to property of terrorist groups or property used for commission of offences under this Act. . AG

47. Reporting to FIU. O of

48. Orders for seizure and restraint of property. n io

49. Orders for forfeiture of property. s is m

50. Refusal of applications for registration, and revocation of registration, er tp of trustees linked to terrorist groups. ou

51. Provision of information relating to passengers of vessels and aircraft and ith w persons entering and leaving country. ed ut

52. Power to prevent entry and order removal of persons. rib

53. Power to refuse refugee application. st di 54. or Regulations. ed 55-60. Omitted uc od pr re be ay m ok bo is th of rt pa o d .N ver se re s ht rig ll .A a ni za an fT to en n m er ov G 25 20 © vii <!-- page break --> © 20 25 G ov er nm en to fT an za ni a.A ll rig ht s re se rve d.N o pa rt of th is bo ok m ay be re pr od uc ed or di st rib ut ed w ith ou tp er m is s io n of O AG . <!-- page break --> CHAPTER 19 THE PREVENTION OF TERRORISM ACT An Act to provide for comprehensive measures of dealing with terrorism, . AG O to prevent and to co-operate with other states in the suppression of of n terrorism and to provide for related matters. io s is [15th June, 2003] m er tp [GN. No. 180 of 2003] ou Acts Nos. ith 21 of 2002 w ed 6 of 2012 ut 10 of 2013 rib 8 of 2015 st di 4 of 2016 or 7 of 2018 ed 14 of 2019 uc od 2 of 2022 pr re be ay m PART I ok bo PRELIMINARY PROVISIONS is th of rt pa Short title 1. This Act may be cited as the Prevention of Terrorism Act. o d .N ve Application 2.–(1) This Act shall apply to Mainland Tanzania as well as to r se Tanzania Zanzibar. re s ht (2) A person who commits an offence punishable under this rig ll Act beyond the United Republic shall be dealt with under this .A a Act in the same manner as if the act constituting an offence ni za an was committed in the United Republic. fT to en Interpretation 3. In this Act, unless the context otherwise requires- n m er Acts Nos. “Act’’ means the Prevention of Terrorism Act; ov G 6 of 2012 s. 24 “aircraft’’ includes an aeroplane, glider and helicopter; 25 10 of 2013 s. 49 20 2 of 2022 s. 34 “communication’’ means a communication received or © transmitted by post, telegraphic, telephone or other communication received or transmitted by electricity, magnetism, or other means; 1 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] “communication service provider’’ means a person who provides services or the transmission or reception of communication; ‘’Court” means the High Court of Tanzania and, as the case may be, the High Court of Zanzibar; . AG O “Commissioner of Financial Intelligence Unit” shall have the of n meaning ascribed to it under the Anti-Money Laundering io Cap. 423 s is Act; m er tp “financial institution” means a commercial bank or any other ou institution which makes loans, advances, investments or ith w accepts deposits of money as defined under the Banking ed Cap. 342 ut rib and Financial Institutions Act; st di “Financial Intelligence Unit” also known by its acronym or ed Cap. 423 “FIU” means an extra ministerial department established uc od under section 4 of the Anti-Money Laundering Act; re pr “funds” includes- be (a) assets of any kind, whether tangible or intangible, ay m movable or immovable by whatever means acquired; ok bo (b) legal document or instrument in any form, including is th electronic or digital, evidencing title to, or interest in of rt such assets; and pa o .N (c) bank credits, traveler’s cheque, bankers cheque, money d ve orders, shares, bonds and other securities, draft and r se re letters of credits; s ht “group or entity” means a person, group, trust, partnership, rig ll fund or an unincorporated association or organisation; .A a ni “Master’’ in relation to a vessel, means the owner or a person za an for the time being in charge or command or control of a fT to vessel; en m “Minister’’ means the Minister responsible for home affairs; n er “operator” in relation to an aircraft, means the owner or ov G person for the time being in charge or command or 25 20 control of an aircraft; © “police officer’’ means, except where the context otherwise requires, police officer of or above the rank of Assistant Superintendent of Police; 2 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] “proceeds of terrorism” means all kinds of properties which have been derived or obtained from commission of funds traceable to a terrorist act, and include cash irrespective of a person in whose name such proceeds are standing or in whose possession or control they are found; . AG O “proliferation financing” shall have the meaning ascribed to of n it under the Anti-Money Laundering Act; io Cap. 423 s is “property’’ has the same meaning as ascribed to it in the m Cap. 256 er tp Proceeds of Crime Act; and ou “terrorist act’’ means an act or omission referred to under ith w section 4 of the Act and the expression “terrorist’’ shall be ed ut rib construed accordingly. st di or ed Act No. PART II uc 2 of 2022 s. 35 od PROHIBITION OF ACTS OF TERRORISM pr re AND PROLIFERATION FINANCING be ay m ok (a) Prohibition of Acts of Terrorism bo is th Definition and 4.–(1) A person within or outside the United Republic who of prohibition for commits a terrorist act commits an offence. rt pa terrorism act o Act No. (2) A person commits a terrorist act if the act or omission is d .N 2 of 2022 s. 36 committed with the aim of- ver se (a) seriously intimidating or causing fear amongst re s members of the public or a section of the public; ht rig (b) seriously intimidating or compelling the Government ll .A a or an international organisation to do or refrain from ni za any act; or an fT (c) seriously destabilising the religious, political, to en constitutional, economic or social institutions of a n m er country or an international organisation. ov G (3) The term “terrorist act” means, an act or threat of action 25 20 or omission which involves: © (a) an attack upon a person’s life which may cause death or serious bodily harm; (b) the kidnapping of a person; 3 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (c) serious damage to property; (d) a serious risk to the health or safety of the public or a section of the public; (e) the use of firearms or explosives; (f) releasing into the environment or any part of it or . AG O distributing or exposing the public or any part of it to of n any- io s is (i) dangerous, hazardous, radioactive or harmful m er tp substance; ou (ii) toxic chemical; or ith w (iii) microbial or other biological agent or toxin; ed ut rib (g) disruption of any computer system or the provision st di of services directly related to communications or ed infrastructure, banking or financial services, utilities, uc od transportation or other essential infrastructure; or re pr (h) disruption of the provision of essential emergency be services such as police, civil defence or medical services. ay m (4) An act which- ok bo (a) only disrupts services; and is th (b) is committed in pursuance of a protest, demonstration of rt or stoppage of work, pa o .N shall be deemed not to be a terrorist act within the meaning of d ve this section, so long as the act is not intended to result in any r se re harm referred to under subsection (2). s ht rig

5. A person commits an offence who- ll Commission a.A of offence of (a) arranges, manages or assist in arranging or managing ni za terrorist meeting an or participates in a meeting or an act knowingly that it fT is concerned with an act of terrorism; to en (b) provides logistics, equipment or facilities for a meeting n m er or an act knowingly that it is concerned with an act of ov G terrorism; or 25 20 (c) attends meeting knowing that it supports a proscribed © organisation or to further the objectives of a proscribed organisation. 4 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] Offence of 6.–(1) Where two or more persons associate for the purpose proscribed organisation for of, or where an organisation engages in any act for the purpose commission of of- terrorist act (a) participating, or collaborating, in an act of terrorism; (b) promoting, encouraging or exhorting others to commit . AG O an act of terrorism; or of n (c) setting up or pursuing acts of terrorism, io Act No. s is 10 of 2013 s. 50 the Minister shall declare such person or organisation to be a m er tp proscribed organisation. ou (2) A person who belongs, or professes to belong, to a ith w proscribed organisation, commits an offence. ed ut rib (3) It shall be a defence for a person charged under subsection st di (2) to prove that, the organisation in respect of which he is or ed charged had not been declared a proscribed organisation at the uc od time the person charged became a member or began to profess re pr to be a member of that organisation and that he has not taken be part in the activities of that organisation at any time after it had ay m been declared to be a proscribed organisation. ok bo is th Rendering 7.–(1) A person commits an offence who, in any manner or of support to rt form- pa terrorism o (a) solicits support for, or tenders support in relation to, an .N Act No. d 2 of 2022 s. 37 act of terrorism; or ver se (b) solicits support for, or tenders support to, a terrorist or re s ht proscribed organisation. rig (2) “Support” as used in subsection (1), means and includes- ll .A a (a) instigation to the cause of terrorism; ni za an (b) offering of material assistance or weapons including fT biological, chemical or nuclear weapons, explosives, to en training, transportation, false documentation or n m er identification; ov G (c) offering of or provision of moral assistance, including 25 20 invitation to adhere to a proscribed organisation; © (d) the provision of, or making available such financial or other related services to a terrorist group or entity which is concerned with a terrorist act; 5 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (e) dealing directly or indirectly, in any property that is owned or controlled by or on behalf of any terrorist or any entity owned or controlled by any terrorist, including funds derived or generated from property owned or controlled, directly or indirectly, by any . AG O terrorist or any entity owned or controlled by any of n terrorist; or io s is (f) entering into or facilitating, directly or indirectly, any m er tp financial transaction related to a dealing in property ou referred to in paragraph (e). ith w

8. A person who harbours, conceals, or causes to be ed Harbouring ut terrorists rib harboured or concealed, any person whom he knew to have st di committed or to have been convicted of, an act of terrorism, or or ed against whom he knew that a warrant of arrest or imprisonment uc od in relation to an act of terrorism had been issued, commits an re pr offence. be ay m Possession of 9.–(1) A person shall commit an offence under this section who ok bo unauthorised is in possession of any code, password, sketch, plan, model, is article th information, etc. note or other document, article or information which relates of rt to or is used in a protected place or anything in that place, in pa o contravention of this Act or the Protected Places and Areas d .N Act, or which has been entrusted to that person in confidence ve Cap. 74 r se by any person holding office, or he had access to office from re s ht or which he has obtained or to which that person had access rig owing to the position or office held by him or as a person who ll a.A is or was party to a contract with the Government. ni za an (2) A person who is in possession of anything specified fT under subsection (1), and who- to en (a) uses it for a terrorist intention or for any purpose n m er prejudicial to the safety or interest of the United Republic; ov G (b) communicates such information to any person other 25 20 than a person to whom there exist an authority to © communicate it or to whom it is in the interest of the United Republic to communicate it; (c) fails to take proper care of, or so conducts himself as to endanger the safety of that information; 6 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (d) retains the sketch, plan, model, note, document or article when he has no right or when it is contrary to his duty so to do, or fails to comply with any lawful directions with regard to the return or disposal of such things; or . AG O (e) uses anything described in paragraphs (a), (b), (c) or of n (d) for terrorist purposes, io s is commits an offence against this Act. m er tp (3) A person who receives any code, password, sketch, ou plan, model, note or other document, article or information, ith w knowingly or having reasonable grounds to believe at the time ed ut rib when receives it that the same is communicated to him in st di furtherance of or rendering support to terrorist act contravention or ed of the provisions of this Act, unless a proof exist that such uc od communication was against his wish, commits an offence. re pr be Prohibition 10.–(1) A person in the United Republic and a citizen of ay m against false Tanzania outside the United Republic shall not communicate ok threats of terrorist bo acts or make available by any means any information which is th he knows or believes to be false to another person with the of rt intention of inducing in him or any other person a false belief pa o that a terrorist act has been, is being or shall be carried out. d .N (2) A person in the United Republic and a citizen of ver se Tanzania outside the United Republic shall not place any re s ht article or substance in any place whatsoever with the intention rig of inducing in some other person a false belief that- ll .A a (a) the article or substance is likely to explode or ignite and ni za an thereby cause personal injury or damage to property; or fT (b) the article contains or the substance consists of- to en (i) any dangerous, hazardous, radioactive or harmful n m er substance; ov G (ii) any toxic chemical; or 25 20 (iii) any microbial or other biological agent, or toxin, © that is likely to cause death, disease or personal injury or damage to property. (3) A person in the United Republic and a citizen of Tanzania outside the United Republic shall not dispatch any 7 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] article or substance by post, rail or any other means whatsoever of sending things from one place to another with the intention of inducing in some other person a false belief that- (a) the article or substance is likely to explode or ignite and thereby cause personal injury or damage to property; or . AG O (b) the article contains or the substance consists of- of n (i) any dangerous, hazardous, radioactive or harmful io s is substance; m er tp (ii) any toxic chemical; or ou (iii) any microbial or other biological agent, or toxin, ith w that is likely to cause death, disease or personal ed ut rib injury or damage to property. st di (4) For the purposes of subsections (1), (2) and (3), a or ed reference to a person inducing any other person a false belief uc od does not require the first mentioned person to have any re pr particular person in mind as the person in whom he intends be to induce the false belief. ay m ok bo Overriding effect 11. The provisions of this Act shall have effect notwithstanding is th anything inconsistent with this Act contained in any enactment of rt other than this Act or in any instrument having effect by virtue pa o of any enactment other than this Act. d .N ver se Penalties 12.–(1) A person who commits an offence under sections 5, 7 re Act No. s or 8, shall, on conviction, be liable to- ht 4 of 2016 s. 53 rig Cap. 16 (a) where the offence causes death, be sentenced in terms ll .A of section 197 of the Penal Code; a ni za (b) where the offence results into serious bodily harm an fT or serious damage to property, be sentenced to life to en imprisonment; and n m er (c) in any other case, imprisonment for a term of not less ov G than thirty years. 25 20 (2) A person who commits an offence under section 9 or 10 © shall, on conviction be liable to imprisonment for a term of not less than ten years but not exceeding twenty years. [s. 11A] 8 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (b) Prohibition of Proliferation Financing Prohibition of 13. A person who, by any means, directly or indirectly- proliferation financing (a) provides or collects funds, technology or services, with an Act No. intention or knowledge that the said funds, technology . AG 2 of 2022 s. 38 or services may be used, in full or in part, to carry out an O of act constituting proliferation financing or to any person n io or jurisdiction or for the benefit of any person designated s is m by the United Nations Security Council; or er tp (b) deals with, enters into or facilitates any transaction ou ith or enables the acquisition of a business interest or w ed performs any other act in connection with funds, which ut rib such person knows or ought reasonably to have known st di or or suspected to have been acquired, owned, collected, ed used, possessed or provided for proliferation financing, uc od commits an offence and on conviction, shall be liable to pr re imprisonment for a term of not less than twenty years. be ay [s. 11B] m ok bo is PART III th of SPECIFIED ENTITIES rt pa o d .N International 14.–(1) The Minister shall declare any person to be a suspected ver terrorism se international terrorist where- re Acts Nos. s (a) he reasonably suspects that the person- ht 10of 2013 s. 51 rig 14 of 2019 s. 76 (i) is or has been concerned in the commission, ll .A 2 of 2022 s. 39 preparation or instigation of acts of international a ni za terrorism; an fT (ii) is a member of, or belongs to, an international to en terrorist group or entity; n m er (iii) has links with an international terrorist group, ov G and he reasonably believes that the person is a risk 25 20 to national security; © (b) the person is listed as a person involved in terrorist acts in any Resolution of the United Nations Security Council or in any instrument of the international community; or 9 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (c) the person is considered as a person involved in international terrorist acts by such State or other international organisation. (2) Where the Minister makes a declaration under subsection (1)(a), he shall, in such manner as he considers appropriate, . AG O cause the person declared to be a suspected international of n terrorist to be notified as is reasonably practicable. io s is (3) The Minister shall declare a group to be an international m er tp terrorist group if the group- ou (a) is subject to the control or influence of person outside the ith w United Republic, and the Minister reasonably suspects ed ut rib that it is concerned in the commission, preparation or st di instigation of acts of international terrorism; or ed (b) is listed as a group or entity involved in terrorist acts uc od in accordance with the Resolutions of the United re pr Nations Security Council or in any instrument of the be international community as may be made; or ay m (c) is considered as a group or entity involved in ok bo international terrorist acts as the Minister may approve is th and publish in the Gazette. of rt (4) Reference in this Act to a proscribed organisation shall pa o .N be deemed to include reference to an international terrorist d ve group and, whenever applicable, to a suspected international r se re terrorist. s ht (5) The Minister shall, with respect to any suspected rig ll international terrorist or an international terrorist group, .A a ni make regulations to provide- za an (a) for the freezing of his or its funds, financial assets or fT to other economic resources, including funds derived en m from property, owned or controlled directly or n er indirectly, by him or it, by persons acting on his or its ov G behalf or at his or its direction; 25 20 (b) for the prevention of his or its entry into, or transit in © the United Republic; and (c) for the prohibition of the direct or indirect supply, sale and transfer to him or it of arms, weapons, 10 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] ammunitions, military vehicles and equipment, paramilitary equipment, spare parts and related material, and technical advice, assistance, or training related to military activities. (6) A person who contravenes any regulations made under . AG O this subsection commits an offence and, on conviction, shall be of n liable to penal servitude for a period not exceeding five years. io s is (7) The Minister shall give notice in relation with any m er tp declaration made under subsections (1) and (3) in the Gazette ou and in other manner as he deems fit. ith w (8) In this section- ed ut rib (a) “an act of international terrorism’’ shall be construed st di as meaning an act of terrorism involving non citizens; or ed and uc od (b) an “international terrorist group’’ means a person or re pr group of persons or an organisation not being a citizen be of Tanzania or whose origin is outside Tanzania and ay m who or which is suspected to have committed any of ok bo the offences referred to under subsection (1). is th [s. 12] of rt pa o

15.–(1) The Minister may, pursuant to the United Nations .N Designation d of domestic Security Council Resolutions, designate any person or entity to ver terrorists se be a suspected domestic terrorist, where there are reasonable re Act No. s 2 of 2022 s. 40 ht grounds to believe that- rig (a) a person or an entity is or has been involved in the ll .A a commission or attempt to commit a terrorist act; ni za an (b) an entity is owned or controlled, directly or indirectly, fT by any person or entity designated under paragraph to en (a); or n m er (c) a person or entity is acting on behalf of, or at the ov G direction of, any person or entity designated under 25 20 paragraph (a). © (2) The Minister may make regulations prescribing the procedures and mechanisms of designating a domestic terrorist under this section. 11 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (3) The provisions of this section shall apply where it is not reasonably practicable to bring the person or entity before the court on a charge relating to terrorism or terrorist financing. [s. 12A] . AG O PART IV of n OFFENCES io s is m er tp Prohibition of 16. A person who finances terrorism or a person who willfully ou ith financing of provides or collects, by any means, directly or indirectly, funds w terrorism ed Act No. within or outside the United Republic with the intention that ut rib 2 of 2022 s. 41 the funds may be used, or with the knowledge that they may st di be used, in order to carry out terrorist acts, commits an offence or ed and on conviction, shall be liable to imprisonment for a term uc od of not less than twenty years. pr re [s. 13] be ay m

17.–(1) A person who, directly or indirectly, collects property ok Collection of bo property or or provides, invites a person to provide, or makes available, is provision of th property or financial or other related services- of property and rt services for (a) intending that they be used, in whole or in part, for the pa commission of o .N terrorism acts purpose of committing or facilitating the commission d ve Act No. of a terrorist act, or for the purpose of benefiting r se 2 of 2022 s. 41 re any person who is committing or facilitating the s ht commission of a terrorist act; or rig ll (b) knowing that in whole or in part, they may be used by, .A a ni or shall benefit, individual terrorist or a terrorist group, za an commits an offence and on conviction, shall be liable to fT to imprisonment for a term of not less than twenty years but not en m more than twenty five years. n er (2) Notwithstanding the provisions of subsection (1), it ov G shall not be necessary to prove that the funds or other assets 25 20 were used for carrying out, attempt, or linked to a terrorist act. © [s. 14] 12 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] Prohibition of 18. A person who- terrorism related to travel (a) travels or attempts to travel within or outside the United Act No. Republic; or 2 of 2022 s. 42 (b) funds, organises, facilitates or recruits such travel or attempted travel by another, intending that the travel . AG O be for- of n (i) perpetrating, planning, preparing or participating io s is in a terrorist act, financing of terrorism, proliferation m er tp or proliferation financing; ou (ii) providing or receiving terrorist training; or ith w (iii) joining or providing support to a proscribed ed ut rib organisation, st di commits an offence and on conviction, shall be liable to or ed imprisonment for a term of not less than fifteen years but not uc od exceeding twenty years. re pr [s. 14A] be ay m Use of property 19. A person who- ok bo for commission of (a) uses property, directly or indirectly, in whole or in is terrorist act th Act No. part, for the purpose of committing or facilitating the of 2 of 2022 s. 43 rt commission of a terrorist act, financing of terrorism, or pa o proliferation financing; or d .N (b) possesses property intending that it be used or knowing ver se that it shall be used, directly or indirectly, in whole or in re s ht part, for the purpose of committing or facilitating the rig commission of a terrorist act, financing of terrorism or ll a .A proliferation financing, ni za an commits an offence and on conviction, shall be liable to fT imprisonment for a term of not less than fifteen years and not to en more than twenty years. n m er [s. 15] ov G 25 20 Arrangement 20. A person who knowingly enters into, or becomes concerned © for retention or control of in, an arrangement which facilitates the retention or control by terrorist property or on behalf of another person of terrorist property- (a) by concealment; (b) by a removal out of jurisdiction; 13 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (c) by transfer to a nominee; or (d) any other way, commits an offence and on conviction, shall be liable to imprisonment for a term of not less than fifteen years and not more than twenty five years. . AG O [s. 16] of n io s

21.–(1) A person who knowingly- is Dealing with m er property owned (a) deals, directly or indirectly, in any property that is tp or controlled by ou terrorist groups owned or controlled by or on behalf of an individual ith w Act No. terrorist or a terrorist group; ed 2 of 2022 s. 44 ut (b) enters into, or facilitates, directly or indirectly, any rib st transaction in respect of property referred to in di or paragraph (a); or ed uc (c) provides financial or other services in respect of od pr property referred to in paragraph (a) as the direction of re be an individual terrorist or a terrorist group, ay m commits an offence and on conviction, shall be liable to ok bo imprisonment for a term of not less than twenty years but not is th more than thirty years. of rt (2) A person who acts reasonably in taking or omitting pa o to take measures to comply with subsection (1) shall not be d .N criminally liable for having taken, or omitted to have taken ver se those measures if he proves that, he took all reasonable means re s ht to satisfy himself that, the relevant property was not owned rig or controlled by or on behalf of an individual terrorist or a ll .A a terrorist group. ni za an [s. 17] fT to en Soliciting and 22.–(1) A person who knowingly, and in any manner- n m giving support to er (a) solicits support for, or gives support to, an individual ov terrorist groups G for commission of terrorist or any terrorist group; or 25 terrorist acts 20 (b) solicits support for, or gives support to the commission © Act No. 2 of 2022 s. 45 of a terrorist act, commits an offence and on conviction, shall be liable to imprisonment for a term of not less than twenty years and not more than thirty years. 14 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (2) For the purposes of paragraph (a) of subsection (1), an offer to provide or the provision of forged or falsified travel documents to an individual terrorist or a member of a terrorist group constitutes giving of support to an individual terrorist or a terrorist group. . AG O [s. 18] of n io s

23. A person who harbours or conceals, or prevents, hinders or is Harbouring m er of persons interferes with the apprehension of, any other person knowing, tp committing ou terrorist acts or having reason to believe that such other person- ith w (a) has committed a terrorist act; or ed ut (b) is a member of a terrorist group, rib st commits an offence and on conviction, shall be liable to di or imprisonment for a term of not less than eighteen years and ed uc not more than thirty years. od pr [s. 19] re be ay

24. A person who knowingly offers to provide, or provides any m Provision of ok weapons to weapon to- bo terrorist groups is (a) an individual terrorist or a terrorist group; th Act No. of 2 of 2022 s. 46 (b) a member of a terrorist group; or rt pa (c) to any other person for use by, or for the benefit of an o d .N individual terrorist, a terrorist group or a member of a ver se terrorist group, re s commits an offence and on conviction, shall be liable to ht rig imprisonment for a term of not less than twenty years and ll .A not more than thirty years. a ni za [s. 20] an fT to

25. A person who knowingly agrees to recruit, or recruits, en Recruitment m of persons to n another person- er be members of ov (a) to be member of a terrorist group; or G terrorist groups 25 or to participate (b) to participate in the commission of a terrorist act, 20 in terrorist acts © commits an offence and on conviction, shall be liable to imprisonment for a term of not less than fifteen years and not more than twenty years. [s. 21] 15 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] Promotion or 26. A person who, in the United Republic- facilitation of commission of (a) knowingly promotes or facilitates the doing of any act terrorist acts in in a foreign state for the purpose of achieving any of foreign states the following objectives, whether or not the objective is achieved- . AG O (i) the overthrow, by force or violence, of the of n Government of that foreign state; io s is (ii) causing, by force or violence, the public in that m er tp foreign state to be in fear of death or bodily injury; ou (iii) causing death of, or bodily injury to a person who- ith w (a) is the head of state of that foreign state; or ed ut rib (b) holds or performs any of the duties of, a public st di office of that foreign state; or or ed (iv) unlawfully, destroying or damaging any property uc od belonging to the Government of that foreign state; re pr (b) recruits another person to become a member of, or be to serve in any capacity with, a body or association ay m of persons the objectives of which are, or include, the ok bo objectives referred to in paragraph (a); is th (c) accumulates, stockpiles or otherwise keeps, any of rt weapons for the purposes of doing any act referred to pa o .N in paragraph (a); d ve (d) trains or drills, or participates in the training or drilling, r se re any other person in use of weapons or in the practice of s ht military exercises or movements to prepare that person rig ll to do any act referred to in paragraph (a); .A a ni (e) allows himself or herself to be trained or drilled, in the za an use of weapons or in the practice of military exercises fT to or movements for the purpose of doing any act referred en m to in paragraph (a); n er (f) gives any money or goods to, or performs services for, ov G any other person or body or association of persons for 25 20 the purpose of promoting or supporting the doing of © an act referred to in the paragraph (a); or (g) receives or solicits money or goods or the performance of services for the purposes of promoting or supporting the doing of an act referred to in paragraph (a), 16 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] commits of an offence and on conviction, shall be liable to imprisonment for a term of not less than twenty years and not more than thirty years. [s. 22] . AG

27. A person who being- O Promotion of of offences (a) the owner, occupier, lessee or person in charge of any n io s is building, premises, room, or place knowingly permits a m er meeting of persons to be held in that building, premises, tp ou room or place; ith w (b) the owner, charterer, lessee, operator, agent, or master ed ut of vessel or the owner, charterer lessee, operator, agent rib st or pilot incharge of an aircraft knowingly permits di or that vessel or aircraft to be used, for the purposes of ed uc committing an offence or promoting or supporting the od pr commission of an offence, re be commits an offence and on conviction, shall be liable to ay m imprisonment for a term of not less than fifteen years and not ok bo more than twenty years. is th [s. 23] of rt pa

28.–(1) A person who conspires with another person in the o Conspiracy to .N commit offences d United Republic to do any act in any place outside the United ve under this Act r se Republic, being an act, which if done in the United Republic, re s would have constituted an offence under this Act shall be ht rig deemed to have, conspired to do that act, in the United ll .A Republic. a ni za (2) A person who conspires with another person in a place an fT whether within or outside the United Republic to do any act to en in the United Republic which constitutes an offence under this n m er Act, shall be deemed to have conspired in the United Republic ov G to do that act. 25 20 [s. 24] © Membership of 29.–(1) A person who- terrorist groups (a) is a member of; (b) professes to be a member of; 17 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] a terrorist group, commits an offence and on conviction, shall be liable to imprisonment for term of not less than eighteen years. (2) It shall be a defence for a person charged with an offence under this section to prove that the entity in respect of which . AG O the charge is brought was not a terrorist group at or on the date of n that he- io s is (a) became a member of; or m er tp (b) professed to be a member of, ou that entity, or that he has not taken part in the activities of ith w that entity, after it became a terrorist group. ed ut rib [s. 25] st di or

30.–(1) A person who arranges, manages or assists in arranging ed Arrangement uc of meetings or managing a meeting which he knows is- od in support of pr (a) to support a terrorist group; re terrorist groups be Act No. (b) to further the activities of a terrorist group; ay 2 of 2022 s. 47 m (c) to be addressed by an individual terrorist or a person ok bo who belongs or professes to belong to a terrorist group, is th commits an offence and on conviction, shall be liable to of rt imprisonment for a term of not less than ten years and not pa o more than fifteen years. d .N (2) In this section, “meeting” means a meeting of three or ver se more persons, whether or not the public are admitted. re s ht [s. 26] rig ll .A

31. A person who- a Participation in ni za commission of (a) aids and abets the commission; an offences under fT this Act (b) attempts to commit; to en (c) conspires to commit; n m er (d) counsels or procures the commission, of an offence ov G under this Act, 25 20 commits an offence and on conviction, shall be liable to the © same punishment as is prescribed for the first mentioned offence. [s. 27] 18 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] Financial 32.–(1) Where a person contravenes the provisions of this Act penalties Act No. or regulations made under this Act and no specific financial 2 of 2022 s. 48 penalty is stipulated, that person shall, on conviction: (a) in the case of an individual person, be liable to a fine not exceeding five hundred million shillings but not . AG O less than one hundred million shillings or be ordered of n to pay three times the amount of money involved or io s is market value of the property, whichever amount is m er tp greater; or ou (b) in the case of a body corporate, be liable to a fine of not ith w less than five hundred million shillings or be ordered ed ut rib to pay three times of the amount of money involved st di or market value of the property, whichever amount is or ed greater. uc od (2) For the purposes of subsection (1)(b), every director, re pr manager or principal officer and member of the board of be directors of the company shall be deemed to have committed ay m the offence. ok bo [s. 27A] is th of rt PART V pa o .N INVESTIGATION OF OFFENCES d ver se re Powers of arrest 33.–(1) A police officer may arrest without warrant any s ht rig person who has committed or is committing or whom he has ll .A reasonable grounds for suspecting to have committed or to be a ni committing an offence under this Act. za an (2) For the purposes of subsection (1), “police officer’’ fT to means and include a police officer of or above the rank of en m Assistant Superintendent, an immigration officer or a member n er ov of Tanzania Intelligence Security Service. G 25 [s. 28] 20 © Power of 34.–(1) Notwithstanding the provisions of the Criminal investigation in cases of urgency Procedure Act, where, in a case of urgency, application to Cap. 20 the court to obtain a warrant would cause delay that may be 19 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] prejudicial to the maintenance of public safety or public order, a police officer, not below the rank of Assistant Superintendent, or in charge of a police station may, notwithstanding any other Act, with the assistance of such other police officers as may be necessary- . AG O (a) enter and search any premises or place, if he has reason of n to suspect that, within those premises or at that place- io s is (i) an offence under this Act is being committed or m er tp likely to be committed; and ou (ii) there is evidence of the commission of an offence ith w under this Act; ed ut rib (b) search any person or vehicle found on any premises or st di place which he is empowered to enter and search under or ed paragraph (a); uc od (c) stop, board and search any vessel, aircraft or vehicle re pr if he has reason to suspect that, there is in it evidence be of the commission or likelihood of commission of an ay m offence under this Act; ok bo (d) seize, remove and detain anything which is, or contains is th or appears to him to be or to contain or to be likely of rt to be or to contain, evidence of the commission of an pa o .N offence under this Act; d ve (e) arrest and detain any person whom he reasonably r se re suspects of having committed or of being about to s ht commit an offence under this Act. rig ll (2) A police officer may use such force as may be necessary .A a ni for the exercise of the powers conferred by subsection (1). za an (3) A person found on any premises or place or in any fT to vessel, aircraft or vehicle may be detained by a police officer en m until the completion of the search under subsection (1). n er (4) Where a seizure is effected under this section, a list ov G of all the articles, documents and other matters seized shall 25 20 forthwith be delivered. © (5) For the purposes of this section, the degree of force which may be used shall not be greater than is reasonably necessary. 20 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (6) A police officer who uses such force as may be necessary for any purpose, in accordance with this Act, shall not be liable, in any criminal or civil proceedings, for having, by the use of force, caused injury or death to any person or damage to or loss of any property. . AG O [s. 29] of n

35.–(1) The Minister may, for the purposes of the prevention io Intelligence s is gathering or detection of offences of terrorism or for the purposes of m er tp prosecution of offenders under this Act, give such directions ou as may appear to him to be necessary to- ith w (a) communication service providers generally; ed ut rib (b) communication service providers of a specified st di description; and or ed (c) any particular communication service provider. uc od (2) Before giving a direction under this section, the Minister re pr may consult any communication service provider he deems fit be to consult. ay m (3) A direction under this section shall specify the maximum ok bo period for which a communication service provider may be is th required to retain Communications data. of rt (4) In the event of resistance, the court may, on application pa o .N by the Attorney General, issue an order directing the d ve communication service provider to comply with the direction r se re of the Minister. s ht (5) In this section- rig ll “communication service provider’’ means a person who .A a ni provides postal, information, or communication, za an including telecommunications and internet service fT to providers; en m “data’’ means information recorded in a form in which it can n er be processed by equipment operating automatically in ov G response to instructions given for that purpose. 25 20 [s. 30] © 21 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] Powers to 36.–(1) Subject to subsection (2), a police officer may, for the intercept communications purpose of obtaining evidence of the commission of an offence and admissibility under this Act, apply, ex-parte, to the Court, for an interception of intercepted communications of communications order. (2) A police officer may make an application under . AG O subsection (1) only with the prior written consent of the of n Attorney General. io s is (3) A court to whom an application is made under subsection m er tp (1), may make an order- ou (a) requiring a communications service provider to ith w intercept and retain a specified communication or ed ut rib communications of a specified description received or st di transmitted, or about to be received or transmitted by or ed that communication service provider; uc od (b) authorising the police officer to enter any premises and to re pr install on such premises, any device for the interception be and retention of a specified communications of a ay m specified description and to remove and retain such ok bo device, if the court is satisfied that, the written consent is th of the Attorney General has been obtained as required of rt by subsection (2) and that there are reasonable grounds pa o .N to believe that material information relating to- d ve (i) the commission of an offence under this Act; r se re (ii) the whereabouts of the person suspected by the s ht police officer to have committed the offence, rig ll is contained in that communication or communications of a .A ni that description. za an (4) Any information contained in a communication- fT to (a) intercepted and retained pursuant to an order under en m subsection (3); or n er (b) intercepted and retained in a foreign state in accordance ov G with the law of that foreign state and certified by a court 25 20 of that foreign state to have been so intercepted and © retained, 22 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] shall be admissible in proceedings for an offence under this Act, as evidence of the truth of its contents notwithstanding the fact that it contains hearsay. [s. 31] . AG

37.–(1) The Inspector General of Police may issue detention O Detention of of aircraft or vessel order in respect of an aircraft or vessel if he is of opinion that- n io s is (a) a threat has been made to commit an act of violence m er against the aircraft or vessel, or against any person or tp ou property on board the aircraft or vessel; or ith w (b) an act of violence is likely to be committed against the ed ut aircraft or vessel, or against any person or property on rib st board the aircraft or vessel. di or (2) Where the operator of an aircraft or vessel fails to comply ed uc with a detention order under subsection (1), the authorised od pr person may- re be (a) enter, or authorise any other person to enter, the aircraft ay m or vessel; ok bo (b) arrange for a person or thing to be removed from the is th aircraft or vessel, and may use reasonable force, or of rt authorise the use of reasonable force by another person pa o for any such purpose. d .N (3) The authorised person shall give written notice to the ver se operator of the aircraft or vessel of any detention order issued re s ht under this section. rig (4) Where the operator of an aircraft or vessel objects to a ll a.A detention order, the Minister may, after hearing the interested ni za an parties, confirm, vary or cancel the order. fT (5) A person who- to en (a) without reasonable excuse, fails to comply with the n m er requirement of a detention order; or ov G (b) intentionally obstructs or hinders any person acting in 25 20 accordance with subsection (2), © commits an offence. 23 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (6) For the purposes of this section, the Minister may, in writing, designate as an authorised person such person as he deems appropriate. [s. 32] . AG

38.–(1) Where the Inspector General of Police or Commissioner O Power to seize of property used in of Police has reasonable grounds for suspecting that any n io commission of s is terrorist acts property has been, or is being, used to commit an offence m er under this Act, he may seize the property. tp ou (2) The Inspector General of Police or Commissioner of ith w Police may exercise his powers under subsection (1), whether ed ut or not any proceedings have been instituted for an offence rib st under this Act in respect of that property. di or (3) The Commissioner of Police, shall as soon as practicable ed uc after seizing any property under subsection (1), make an od pr application, exparte, to the Court for a detention order in re be respect of that property. ay m (4) A court to whom an application is made under subsection ok bo (3), shall not make a detention order in respect of the property is th referred to in the application unless he- of rt (a) has given every person appearing to have an interest in pa o the property, a reasonable opportunity of being heard; or d .N (b) has reasonable grounds to believe that the property has ver se been, or is being, used to commit an offence under this re s ht Act. rig (5) Subject to subsection (6), every detention order made ll a.A under subsection (4), shall be valid for a period of sixty days, ni za an and may, on application, be renewed by the court, for a further fT period of sixty days until such time as the property referred to to en in the order is produced in court in proceedings for an offence n m er under this Act in respect of that property. ov G (6) The court may release any property referred to in a 25 20 detention order made under subsection (4) if- © (a) it no longer has reasonable grounds to suspect that the property has been or is being used to commit an offence under this Act; or 24 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (b) proceedings are not instituted in the court for an offence under this Act in respect of that property within 6 months of the date of the detention order. (7) A seizure of any property by the police officer under subsection (1) shall not be deemed to be a contravention of . AG O section 8. of n (8) A civil or criminal proceedings shall not lie against io s is the police officer for a seizure of property made in good faith m er tp pursuant to the provisions of subsection (1). ou [s. 33] ith w ed ut PART VI rib st di TRIAL OF OFFENCES or ed uc od Jurisdiction to try 39.–(1) The High Court shall have jurisdiction to try offences pr re offences under under this Act. be this Act ay Act No. (2) Prosecution for an offence under this Act shall not be m 7 of 2018 s. 91 ok instituted except by or with the consent of the Director of bo Public Prosecutions. is th of (3) A court may, on an ex-parte application by the Director rt pa Cap. 20 of Public Prosecutions, order that the case proceeds in a o .N manner stated in section 199 of the Criminal Procedure Act. d ve (4) A court may, on motion by or on behalf of the Director of r se re Public Prosecutions, in the interest of public safety or public order, s ht rig exclude from proceedings instituted for any offence under this Act, ll .A any person other than the parties and their legal representatives. a ni (5) A person who contravenes an order made under za an subsection (3) commits an offence. fT to (6) For the purposes of subsection (2), an act or omission en m committed outside the United Republic and which would, if n er ov committed in the United Republic constitute an offence under G 25 this Act, shall be deemed to have been committed in the 20 © United Republic if the person committing the act or omission is present in the United Republic and cannot be extradited to a foreign state having jurisdiction over the offence constituted by such act or omission. [s. 34] 25 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] Evidence by 40. Where in any proceedings for an offence under this Act, certificate a question arises as to whether anything or a substance is a weapon, a hazardous, radioactive or a harmful substance, a toxic chemical or microbial or other biological agent or toxin, a certificate purporting to be signed by an appropriate . AG O authority to the effect that the thing or substance described in of n the certificate is a weapon, hazardous, radioactive or harmful io s is substance, a toxic chemical or microbial or other biological m er tp agent or toxin, shall be admissible in evidence without proof ou of the signature or authority of the person appearing to have ith w signed it and shall, in the absence of evidence to the contrary, ed ut rib be proof of the facts stated therein. st di [s. 35] or ed uc

41.–(1) Where a person is convicted of an offence under this od Orders for forfeiture of pr Act, the Court may order that any property- re property on be conviction for (a) used for, or in connection with; or ay m offences under (b) received as payment or reward for, the commission of ok this Act bo that offence, is th be forfeited to the United Republic. of rt (2) Before making an order under subsection (1), the Court pa o shall give every person appearing to have an interest in the d .N property in respect of which the order is proposed to be made, ver se an opportunity of being heard. re s ht (3) Property forfeited to the United Republic under rig subsection (1), shall vest in the Government, where- ll .A a (a) an appeal has not been made against the order, at the ni za an end of the period within which an appeal may be made fT against the order; and to en (b) an appeal has been made against the order, on the final n m er determination of the appeal. ov G [s. 36] 25 20 © 26 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] PART VII EXTRADITION AND MUTUAL ASSITANCE IN CRIMINAL MATTERS . AG Exchange of 42. The Inspector General of Police or Commissioner of O information Police may, on a request made by the appropriate authority of of relating to n io terrorist groups a foreign state, disclose to that authority any information in s is and terrorist acts m his possession or in the possession of any other Government er tp department or agency, relating to any of the following- ou ith (a) the actions or movements of terrorist groups or w ed persons suspected of involvement in the commission ut rib of terrorist acts; st di (b) the use of forged or falsified travel papers by persons or ed suspected of involvement in the commission of terrorist uc acts; od pr re (c) traffic in weapons and sensitive materials by terrorist be ay groups or persons suspected of involvement in the m ok commission of terrorist acts; or bo is (d) the use of communications technologies by terrorist th of groups, if the disclosure is not prohibited by any rt pa provision of law and does not, in the mind of the o .N Inspector General of Police or Commissioner of Police, d ve be prejudicial to national security or to public safety. r se re [s. 37] s ht rig ll .A Counter terrorism 43.–(1) Where the United Republic becomes a party to a counter a ni Convention to be terrorism Convention and there is in force, an extradition za used in basis for an arrangement between the Government of the United Republic fT extradition to and another state which is a party to that counter terrorism en m Convention, the extradition arrangement shall be deemed, for n er ov Cap. 368 the purposes of the Extradition Act, to include provision for G 25 extradition in respect of offences falling within the scope of 20 © that counter terrorism Convention. (2) Where the United Republic becomes a party to a counter terrorism Convention and there is no extradition arrangement between the Government of the United Republic and another 27 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] state which is a party to that counter terrorism Convention, the Minister may, by order published in the Gazette, treat the counter terrorism Convention, for the purposes of the Cap. 368 Extradition Act, as an extradition arrangement between the Government of the United Republic and that state, providing . AG O for extradition in respect of offences falling within the scope of of n that counter terrorism Convention. io s is [s. 38] m er tp ou Offences not to be 44. Notwithstanding anything in the Extradition Act, an ith w deemed political offence which causes- ed Cap. 368 ut (a) death or serious bodily harm to a person; or rib st (b) serious damage to property, di or shall for the purpose of extradition under this Act, be deemed ed uc not to be an offence of a political character or an offence od pr connected with a political offence or offence inspired by re be political motives. ay m [s. 39] ok bo is th PART VIII of rt MISCELLANEOUS pa o d .N ve Duty to disclose 45.–(1) A person who has an information which may be of r se information re assistance in- s relating to ht (a) preventing the commission by another person, of a rig offences and ll terrorist acts terrorist act; a .A ni (b) securing the arrest or prosecution of another person za an for an offence under this Act, fT to shall forthwith disclose that information to a police officer of en m not below the rank of Assistant Superintendent of Police or to n er a police in-charge of a station. ov G (2) Subsection (1), shall not require the disclosure of any 25 20 information which is protected by privilege. © (3) A civil or criminal proceedings shall not lie against any person for disclosing any information, in good faith, as required under subsection (1). 28 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (4) A person who fails to comply with subsection (1) commits an offence and on conviction, shall be liable to imprisonment for a term of not less than two years and not more than five years. [s. 40] . AG O of

46.–(1) A person shall forthwith disclose to a police officer- n Duty to disclose io s information is (a) the existence of any property in his or her possession m relating to er or control, which is to his or her knowledge, owned or tp property of ou terrorist groups controlled by or on behalf of a terrorist group; ith or property used w (b) any information regarding a transaction or proposed ed for commission ut of offences under transaction in respect of any property referred to in rib this Act st paragraph (a). di or (2) A financial institution shall report, in every three ed uc months, to the police officer and anybody authorised by law to od pr supervise and regulate its activities that- re be (a) it is not in possession or control of any property owned ay m or controlled by or on behalf of a terrorist group; or ok bo (b) it is in possession or control of such property, and is th the particulars relating to the persons, accounts, and of rt transactions involved and the total value of the property. pa o (3) In addition to the requirements of subsection (2), every d .N financial institution shall report to the police officer, every ver se transaction which occurs within the course of its activities, and re s ht in respect of which there are reasonable grounds to suspect rig that the transaction is related to the commission of a terrorist ll a .A act. ni za an (4) A civil or criminal proceedings shall not lie against any fT person for making a disclosure or report, in good faith, as to en required under subsection (1) or (2) or (3). n m er (5) A person who fails to comply with subsection (1) or (2) ov G or (3), commits an offence and on conviction, shall be liable to 25 20 imprisonment for a term of not less than twelve months. © [s. 41] 29 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] Reporting to FIU 47.–(1) Section 46 shall not be taken as limiting or restricting Act No. 10 of 2013 s. 52 the obligations of financial institutions to report to the FIU any transaction in respect of which there is reasonable ground to suspect that it is related or linked to the terrorist financing or intended to finance terrorist acts or a terrorist organisation. . AG O (2) In addition to the requirement provided for under section of n 46, a reporting person shall report without delay to the FIU any io s is information regarding a transaction or proposed transaction m er tp in respect of any property which is to his knowledge, owned or ou controlled by or on behalf of a terrorist group. ith w (3) A reporting person that has in his possession or under ed ut rib his control a property against which an order of freezing has st di been issued or granted under this Act, shall report the fact or ed of that possession or control in every three months, to the uc od Commissioner of FIU. re pr (4) A civil, administrative or criminal proceedings shall not be be instituted against a reporting person for making disclosure ay m or report, in good faith, or as required under section 46 and ok bo this section. is th (5) A reporting person who fails to comply with reporting of rt obligations under section 46 and this section on conviction, pa o .N shall be liable- d ve (a) to a fine of not less than one hundred million shillings r se re but not exceeding five hundred million shillings or to s ht imprisonment for a term of not less than two years or rig ll to both; or a.A ni (b) to administrative sanctions as may be prescribed in the za an Regulations made under this Act. fT to (6) For the purposes of this section, the term “reporting en m person” has the meaning ascribed to it under the Anti-Money n er Laundering Act. ov Cap. 423 G [s. 41A] 25 20 © 30 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] Orders for seizure 48.–(1) Where the Court is satisfied, on an ex parte application and restraint of property that, there are reasonable grounds to believe that there is in any building, place or vessel, any property in respect of which an order of forfeiture may be made under section 49, issue- (a) a warrant authorising a police officer to search the . AG O building, place or vessel for that property and to seize of n that property if found, and any other property in respect io s is of which that police officer believes, on reasonable m er tp grounds, that an order of forfeiture may be made under ou section 49; ith w (b) a restraint order prohibiting any person from disposing ed ut rib of, or otherwise dealing with any interest in that st di property, other than as may be specified in the order. or ed (2) On an application made under subsection (1), the court uc od may, at the request of the Attorney General and, where the re pr court is of the opinion that the circumstances so require- be (a) appoint a person to take control of, and manage or ay m otherwise deal with, the whole or a part of the property, ok bo in accordance with the directions of the court; is th (b) require any person having possession of the property to of rt give possession thereof to the person appointed under pa o .N paragraph (a). d ve (3) The power to manage or otherwise deal with the property r se re under subsection (2) includes- s ht (a) in the case of perishable or rapidly depreciating rig ll property, the power to sell that property; and a .A ni (b) in the case of the property that has little or no value, the za an power to destroy that property. fT to (4) Before a person appointed under subsection (2) destroys en m any property referred to subsection 3(b), he shall apply to the n er court for a destruction order. ov G (5) Before making a destruction order in relation to any 25 20 property, the Court shall require notice to be given, in such © manner as the court may direct, to any person who, in the opinion of the court, appears to have an interest in the property and may provide that person with a reasonable opportunity to be heard. 31 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (6) The court may order that any property in respect of which an application is made under subsection (4), be destroyed if it is satisfied that the property has little or no financial or other value. (7) A management order under subsection (2) shall cease . AG O to have effect when the property which is the subject of the of n management order is returned to an applicant in accordance io s is with the law or when it is forfeited to the United Republic. m er tp (8) The Attorney General may at any time apply to the court ou to cancel or vary a warrant or order issued under this section. ith w [s. 42] ed ut rib st

49.–(1) The Attorney General may make an application to the di Orders for or forfeiture of court for an order of forfeiture in respect of- ed property uc (a) property owned or controlled by, or on behalf of, a od pr terrorist group; or re be (b) property that has been, is being or will be used, in ay m whole or part, to commit, or facilitate the commission ok bo of, a terrorist act. is th (2) The Attorney General shall be required to name as of rt respondents in the application under subsection (1) only to pa o persons who are known to own or control the property which d .N is the subject of the application. ver se (3) The Attorney General shall give notice of an application re s ht under subsection (1) to the respondents named in the rig application in such manner as the court may direct. ll .A a (4) Where the court is satisfied, on a balance of probabilities ni za an that, the property which is the subject of the application, is fT property referred to in subsection (1)(a) or (b), it shall order to en that the property be forfeited and be disposed of as directed by n m er the court. ov G (5) Where a court refuses an application under subsection 25 20 (1), the judge shall make an order that describes the property © and declare that it is not property referred to in that subsection. (6) On an application under subsection (1), a court may require notice to be given to any person, who in the opinion of 32 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] the court, appears to have an interest in the property, and any such person shall be entitled to be added as a respondent to the application. (7) Where the court is satisfied that a person referred to in subsection (6)- . AG O (a) has an interest in the property which is the subject of of n the application; io s is (b) has exercised reasonable care to ensure that the m er tp property would not be used to commit or facilitate the ou commission of a terrorist act; and ith w (c) is not a member of a terrorist group, ed ut rib the court shall order that, the interest shall not be affected by st di the order and declare the nature and extent of the interest in or ed question. uc od (8) A person who claims an interest in property that has been re pr forfeited and who has not been given notice under subsection be (6), may make an application to the court to vary or set aside ay m an order made under subsection (4) not later than sixty days ok bo after the day on which the forfeiture order was made. is th (9) Pending the determination of an appeal against an order of rt of forfeiture made under this section, property restrained pa o .N under section 48, shall continue to be restrained, property d ve seized under a warrant issued under that section, shall continue r se re to be detained, and any person appointed to manage, control s ht or otherwise deal with the property under that section shall rig ll continue in that capacity. a .A ni (10) The provisions of this section shall not affect the za an operation of any other provision of this Act respecting fT to forfeiture of property. en m [s. 43] n er ov G Refusal of 50.–(1) The Minister may sign a certificate stating that, it is his 25 20 applications for opinion, based on information received including any security © registration, and revocation of or criminal intelligence reports, that there are reasonable registration, of trustees linked to grounds to believe that, an applicant for registration as a terrorist groups registered trustees or a registered trustees has made, is making, 33 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] or is likely to make available directly or indirectly, any resources to a terrorist group. (2) Upon the signing of a certificate under subsection (1), by the Minister or a person authorised by him, shall cause the applicant or the registered trustees to be served, personally or . AG O by registered letter sent to its last known address, with a copy of of n the certificate and a notice informing it that, the certificate shall io s is be referred to the court not earlier than seven days after the m er tp service of the notice, and that, if the certificate is determined to ou be reasonable, the applicant shall not be eligible to be registered ith w as registered trustees or the registration of the registered ed ut rib trustees of the trust will be revoked, as the case may be. st di (3) The certificate or any matter arising out of it shall not be or ed subject to review or be restrained, prohibited, removed, set aside uc od or otherwise dealt with except in accordance with this section. re pr (4) Seven days after service under subsection (2) or as soon be as practicable thereafter, the Minister or a person authorised ay m by him shall- ok bo (a) file a copy of the certificate in the court for determination is th under subsection (5); and of rt (b) cause the applicant or registered trustees to be served, pa o .N personally or by registered letter sent to its last known d ve address, with a notice informing it of the filing of the r se re certificate. s ht (5) Upon the filing of a certificate in the court under rig ll subsection (4), it shall- .A a ni (a) examine in chambers, the information, including any za an security or criminal or intelligence reports, considered fT to by the Minister before signing the certificate, and hear en m any evidence or information is admissible and may, n er on the request of the Minister, hear all or part of that ov G evidence or information in the absence of the applicant 25 20 or registered trustees, if the court is of the opinion that © the disclosure of the information would be prejudicial to national security or endanger the safety of any person; 34 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (b) provide the applicant or the registered charity with a statement summarising the information available to the court so as to enable the applicant or the registered charity to be reasonably informed of the circumstances giving rise to the certificate, without disclosing any . AG O information the disclosure of which would, in the of n court’s opinion, be prejudicial to national security or io s is endanger the safety of any person; m er tp (c) provide the applicant or registered charity with a ou reasonable opportunity to be heard; and ith w (d) determine whether the certificate is reasonable on the ed ut rib basis of all the information available to the court or if st di found not reasonable, quash it. or ed (6) Where the court determines, under subsection (5), that a uc od certificate is reasonable, the Minister shall cause the certificate re pr to be published in the Gazette. be (7) A certificate determined to be reasonable under ay m subsection (5), shall be deemed for all purposes to be sufficient ok bo grounds for the refusal of the application for registration of the is th charity referred to in the certificate or the revocation of the of rt registration of the charity referred to in the certificate. pa o .N [s. 44] d ver se

51.–(1) The operator of an aircraft or master of a vessel- re Provision of s information ht (a) departing from the United Republic; rig relating to (b) registered in the United Republic departing from any ll passengers of a.A vessels and place outside the United Republic, ni za aircraft and an persons entering may, subject to regulations made under subsection (5), provide- fT and leaving (i) to the police officer any information in his to country en possession, relating to persons on board, or m Acts Nos. n er 6 of 2012 s. 25 expected to be on board, the aircraft or vessel; or ov 8 of 2015 s. 12 G (ii) to the competent authority in a foreign state, any 25 20 information in his possession, relating to persons © on board, or expected to be on board, the aircraft or vessel, and required by the laws of that foreign state. 35 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (2) The Commissioner General of Tanzania Immigration Service Department may, subject to regulations made under subsection (5), provide to the competent authority in a foreign state any information in his possession relating to persons entering or leaving the United Republic by land, and that is . AG O required by the laws of that foreign state. of n (3) The provision of any information under subsection (1) io s is or (2) shall, subject to regulations made under subsection (5), m er tp be deemed not to be a contravention of any provision of law ou prohibiting the disclosure of the information. ith w (4) An information provided to the police officer ed ut rib under subsection (1), shall not be used or disclosed by the st di Commissioner General except for the purpose of protecting or ed national security or public safety. uc od (5) The Minister may make regulations necessary to give re pr effect to the purposes of this section, including regulations- be (a) respecting the types or classes of information that may ay m be provided for under this section; or ok bo (b) specifying the foreign states to which the information is th may be provided. of rt [s. 45] pa o d .N

52.–(1) The Commissioner General of Tanzania Immigration ve Power to prevent r se entry and order Service Department or other authorised officer under the re removal of s ht persons laws relating to immigration, shall not grant an endorsement rig Acts Nos. or other authority permitting a person to enter the United ll .A 6 of 2012 s. 25 a Republic if he has reasonable grounds to believe that such, ni 8 of 2015 s. 12 za an person has been, is, or will be, involved in the commission of fT a terrorist act. to en (2) Where the Minister responsible for immigration has n m er reasonable grounds to believe that, a person in the United ov G Republic has been, is or will be, involved in the commission 25 20 of a terrorist act, he may make an order requiring that person © to leave the United Republic and remain thereafter out of the United Republic. 36 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (3) A person with respect to whom an order under subsection (2) is made, shall leave the United Republic and shall, so long as the order is in force, remain out of the United Republic. (4) A person with respect to whom an order under subsection (2) is made may be detained in such manner as . AG O may be directed by the Minister responsible for immigration of n and may be placed on a vessel or aircraft leaving the United io s is Republic. m er tp [s. 46] ou ith w

53. The Minister responsible for immigration may, having ed Power to ut refuse refugee regard to the interests of national security and public safety, rib application st refuse the application of any person applying for status as a di or refugee, if he or she has reasonable grounds to believe that, ed uc the applicant has committed a terrorist act or is likely to be od pr involved in the commission of a terrorist act. re be [s. 47] ay m ok

54.–(1) The Minister may make regulations in respect of bo Regulations is Act No. all matters in respect of which regulations are required or th 2 of 2022 s. 49 of authorised to be made by this Act. rt pa (2) Without prejudice to the generality of subsection (1), o d .N the regulations may provide for- ver se (a) procedure and mechanisms to collect or solicit re s information to identify persons and entities that meet ht rig the criteria for designation and persons or entities ll .A who have been identified and whose proposal for a ni za designation has been considered; an fT (b) preventive measures for funds, assets and properties of to en sanctioned persons or entity; n m er (c) procedures for proposing persons or entities for ov G designation and delisting under the United Nations 25 20 Security Council Resolutions relating to terrorist © financing and proliferation financing and the authority responsible for proposing designation; 37 <!-- page break --> THE PREVENTION OF TERRORISM ACT [CAP. 19 R.E. 2023] (d) mechanism and criteria for identifying targets for designation; (e) implementation of targeted sanctions and other measures imposed by the United Nations Security Council Resolutions; . AG O (f) procedure to respond to international request for of n information regarding particular actions or movements io s is of terrorist or terrorist groups pursuant to section m er tp 37(a); and ou (g) any other matter which is required to be prescribed for ith w proper implementation of this Act. ed ut rib (3) Subject to subsection (4), every regulation made under st di subsection (1) shall be published in the Gazette and shall come or ed into operation on the date of publication or on such later date uc od as may be specified in the regulation. re pr (4) A regulation made under subsection (1) shall, as soon be as convenient after its publication, be brought before the ay m National Assembly for approval and any regulation which is ok bo not so approved, shall be deemed to be revoked from the date is th of disapproval, but without prejudice to anything previously of rt done on the authority of those regulations. pa o .N [s. 48] d ver se PART IX re s ht rig CONSEQUAL AMENDMENTS ll .A a ni 49-54. [Omitted.] za Omitted an fT to en n m er ov G 25 20 © 38 <!-- page break -->