CHAPTER 197 THE BANK OF TANZANIA ACT . An Act to provide for more responsive regulatory role of the Bank of AG Tanzania in relation to the formulation and implementation of monetary of O n policy; to provide for the supervision of banks and financial institutioinssios and to provide for other related matters. rm pe [1st Jouul ty , 2006] [GN. N ow.i t8h4 of 2006] Acts Nos. 4 of 2018 ted4 of 2006 10 of 2018 bu 14 of 2009 14 of 2019 i str 11 of 2010 2 of 2022 r d i 16 of 2015 5 of 2022 d o 4 of 2017 ce du rep ro e PA y b m aRT I k PRELIMINo s b oARY PROVISIONS f th i Short title 1. This Act may bea rct ioted as the Bank of Tanzania Act. No p Application 2. This Act sdh. e all apply to Mainland Tanzania as well as to Tanzania Zsear vnzibar. rets Interpretation 3. In g l r it hhis Act, unless the context otherwise requires - “A l ia. Act” means the Bank of Tanzania Act; anz “Bank” means the Bank of Tanzania referred to under section n f T a 4(1) of this Act; nt o e “bank” means an entity that is engaged in the banking rnm business; ve Go “banking business” means the business of receiving funds 5 02 from the general public through the acceptance of ©2 deposits payable upon demand or after a fixed period or after notice, or any similar operation through the frequent sale or placement of bonds, certificates, notes or other securities, and to use the funds, in whole or in part, 1 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] for loans or investments for the account of and at the risk of the person doing the business; “Board” means the Board of Directors of the Bank established under section 9 of the Act; . “credit reference bureau” means an entity specialised in the OAG collection and sale of credit performance information for n o f individuals and companies; siois “credit reference databank” means a computererp imsed mechanism created by the Bank to receive and ust o upply information to banks, financial institutio wnitsh, credit d reference bureaus and other institutions bau tuethorised by the Bank, regarding the credit transactiostnr i di s of customers including their off-balance sheet operoart d ions; “clearing system” means a set of prodc e uecdures whereby banks or financial institutions prese ro enp t and exchange data or documents relating to funds b oe rr securities transfer to other financial institutions at am acylearing house and includes a mechanism for the cbaol ockulation of participants’ bilateral or multilateral net pios th sitions with a view to facilitating the settlement of th f ret ior obligations on a net or gross basis; “Director” meaon ps a a member of the Board other than the Governore do . rN the Deputy Governors; “Deputy sGero v vernor” means a Deputy Governor appointed e undhtes rr section 8(3); “exl- ori g l fficio member” means a member of the Board who . Aia attends a meeting by virtue of his position; an nz “financial institution” means an entity engaged in the Ta of business of banking but limited as to size, locations t en served, or permitted activities, as prescribed by the Bank ern m or required by the terms and conditions of its licence; v G o “foreign exchange” means currencies and units of accounts 25 20 other than the currency of the United Republic, and © claims in and to the currencies and units of accounts; “Government” means the Government of the United Republic; “Governments” means the Government of the United Republic and the Revolutionary Government of Zanzibar; 2 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] “Governor” means a Governor of the Bank appointed under section 8(1); “member” in relation to the Board, means a member of the Board of Directors; . “Minister” means, except where otherwise specified, the AG O Minister responsible for financial matters of the United f n o Republic; io iss “payment system” means a system consisting of a s r peetm of instruments, banking procedures and typicallyou t inter- bank funds transfer systems that ensure the cwiitrhculation d of money; uteb “public authority” means- ri dis t (a) the authority for any political d sou r b-division of the United Republic, including an c duy ecity, municipal, town or district council; proe (b) any common services auteh r b ority of which Tanzania is a member with other c o y mua ntries; or (c) any corporation, a ok bogency or enterprise specified for the purposes of th is itsh Act by the Bank; “settlement systemrt ”o f means an arrangement established and operatedo pb ay, or under the control of the Bank for the discha.r Ned ge of payment obligations and settlement obligat rv sieons between settlement system participants. re igh ts ll r PART II . A an ia THE BANK an z T Establishm oeft n t of 4.–(1) There shall continue to exist a corporation going by the Bank enm name and style of the Bank of Tanzania. rn ve (2) The Bank of Tanzania shall be a body corporate and in 5 G o its corporate name shall- 20 2 © (a) have perpetual succession and a common seal; (b) be capable of suing and being sued; and (c) subject to the provisions of this Act, be capable of acquiring, holding and alienating any movable or immovable property. 3 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] Principal 5.–(1) The principal functions of the Bank shall be to exercise functions of Bank Act No. the functions of a central bank and, without prejudice to the 10 of 2018 s. 66 generality of the foregoing, to formulate, implement and be responsible for monetary policy, including exchange rate policy, . issue currency, regulate and supervise banks and financial G OA institutions including mortgage financing, development n o f financing, lease financing, licencing and revocation of licencessiois and deal, hold and manage gold and foreign exchange reseermp ves of Tanzania and regulate and supervise microfinance b t tho u siness. (2) The Bank shall compile, analyse, and p wuiblish the d monetary, financial, balance of payments statibsut tiecs and other statistics covering various sectors of the nationtridis al economy. (3) In the pursuit of its objectives da on r d performance of its tasks, the Bank shall be autonomdou cues and accountable as provided for under this Act. ro re p be Regulatory and 6.–(1) The Bank shall- y a supervisory m functions (a) regulate, monitor, aonk o d supervise the payment, clearing b with respect and settlement hsiys stem including products and services to clearance f t and settlement thereof; and art o systems (b) conduct oo pversight functions on the payment, clearing and sedtt. l Nement systems in any bank, financial institution or rve sienfrastructure service provider or company. (2) Th rets e Bank may- (la ri)g h participate in any payment, clearing and settlement . A l ia systems; anz (b) establish and operate any system for payment, clearing n f T a or settlement purposes; and t o en (c) perform the functions assigned by or under any other rnme written law for the regulation of payment, clearing and ov G settlement systems. 02 5 ©2 Formulation and 7.–(1) The primary objective of the Bank shall be to formulate, implementation of monetary define and implement monetary policy directed to the policy economic objective of maintaining domestic price stability 4 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] conducive to a balanced and sustainable growth of the national economy. (2) Without prejudice to subsection (1), the Bank shall ensure the integrity of the financial system and support the . general economic policy of the Government and promote OAG sound monetary, credit and banking conditions conducive to n o f the development of the national economy. siois (3) The Minister and the Governor shall, wehrmp ere circumstances require, consult each other with oua t view to exchanging information and seeking coord iwni tahtion on d economic and financial matters. te trib u is Appointment 8.–(1) There shall be appointed by the Pr oers dident, a Governor of Governor and Deputy who shall, unless he dies, resigns, vacautcee ds or is removed from Governors his office for good cause or is disqpruo dalified, hold office for a period of five years and be eligibblee r efor a re-appointment. (2) A person shall not quamliaf yy to be appointed as a Governor unless he- k oo (a) holds a universi b htisy degree; t (b) has not less thoaf rt n fifteen years experience in the fields of economico sp, a banking, accountancy, finance or law; (c) has bde. e Nn in senior managerial positions in the gosveer vrenment departments or institutions, private tsi nr estitutions or international organisations; and ( h ld rig) has not been appointed and served as the Governor for l ia. A two consecutive terms. n za (3) There shall be appointed by the President, three Deputy an f T Governors who shall, unless one dies, resigns, vacates or is t o en removed from office for good cause or is disqualified, hold office m ern for a period of five years and be eligible for re-appointment for ov G a further term of five years only. 02 5 (4) The appointment of the Deputy Governors shall be ©2 made on the basis that, at least one of the appointees hails from either side of the United Republic. 5 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] Board of 9.–(1) There shall be a Board of Directors of the Bank and Directors Act No. subject to this Act, the Board shall be responsible for the 11 of 2010 s. 4 determination of the policy of the Bank, approval of its budget and other functions as are specifically conferred or imposed . upon the Board by this Act or any other written law provided AG O that, the Governor and any other member of the Board may f n o refer any matter for consideration by the Board. iss io (2) The Board shall consist of- pe rm (a) the Governor, who shall be the Chairman; t ou (b) Deputy Governors, who shall be Deputy Chiath w irmen in d the order determined by the Governor; te bu (c) the Principal Secretary to the dT i isrtreasury of the Revolutionary Government of Za r d noz ibar, who shall be an ex-officio member; uc e d (d) one representative from th ro eep Ministry responsible for finance in the Governme bnet r of the United Republic; and (e) four non-executive Diraey m ctors at least one of whom hails from either side obfo t ohk e United Republic. (3) The Permane ntht is Secretary to the Treasury of the Government of Unrti toe f d Republic and the Principal Secretary to the Treasury oof p t ahe Revolutionary Government of Zanzibar, may appoint . N e din writing, persons in the public service to be their represesre vntatives who shall, at any meeting for which they e are aphptso rinted, have the powers of the Permanent Secretary or Pll ri gincipal Secretary, in their capacities as members of the B A ia.oard. za n n (4) The non-executive Directors shall be appointed by the a of T Minister and each shall hold office, unless he dies, resigns, t en vacates or is removed from office, for a term of three years, and rnme be eligible for re-appointment for one further term. Gov (5) The members of the Board shall be appointed on the 02 5 2 basis of merit from amongst persons who hold degrees or the © equivalent qualification from an institution of higher learning recognised in Tanzania and are experienced in economics, business and finance, banking, corporate law, accountancy or other disciplines relevant to the functions of the Bank. 6 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] (6) In considering the appointment of a person to the office of member of the Board, regard shall be had in relation to that office, to the likelihood of any conflict arising between the interests of the Bank and any interests which that person has . or represents. OAG (7) There shall be a Secretary to the Board who shall perform n o f the following functions: siois (a) Counsel and Secretary to the Board; ermp (b) writing and keeping records of proceedings of m t oueetings of the Board; th d w i (c) convening and preparing meetings of theu teb Board as may be directed by the chairman; str i di (d) advising on legal matters and k r d eoeping abreast laws governing the conduct of busin ce duess of the Bank; and (e) other function as may be diprre eocted by the Board or the Governor. r y b e ma Disqualification 10.–(1) A person shall notk oo be qualified to be appointed as a for appointment to Board member of the Board, wsh bhi ere he is- t (a) a member rot of f the National Assembly, the House of Represenot ap atives or a local government authority; (b) a persdo. n N who is a public servant within the meaning Cap. 298 of stehr vies term in the Public Service Act, other than the tsP re ermanent Secretary to the Treasury of the Government h l ri g of the United Republic and the Principal Secretary A l ia. to the Treasury of the Revolutionary Government of n za Zanzibar or their representatives for the purposes of n f T a section 9(2)(c); t o en (c) a director, officer, employee, consultant, lawyer, agent m ern or shareholder of a bank or a financial institution in Gov respect of which the Bank may exercise a regulatory 250 power; or ©2 (d) an office bearer of any of the political parties registered in Tanzania. (2) A member of the Board shall be disqualified to hold office where he- 7 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] (a) acquires any attribute which had he not been a member, would disqualify him for appointment; (b) becomes bankrupt, suspends payment or compounds with his creditors; . (c) is adjudged or otherwise declared to be of unsound OAG mind; of n (d) is convicted of a felony or any offence involving fraussdi o or dishonesty; erm i p (e) is absent without the leave of the chairman of thoeu t Board from three consecutive meetings of the Boardith; or d w (f) tenders resignation. uteb (3) A member of the Board shall not be drise tmri oved from his office on grounds other than those statedd ion r this section. e uc Meetings, 11.–(1) The Board shall meet as ofterond as may be required for quorum, conduct, p and decisions of the conduct of its business and a ffrebe airs but shall meet at least Board once in every two months. ay m (2) Meetings of the Boar k odo shall be convened, and notice given in accordance with the b h isby-laws of the Bank and, in addition, t the Chairman or inrt oh f is absence, the Deputy Chairman, shall convene a meetin pgao of the Board within a reasonable time of a requisition ind t. h Nat behalf by any member of the Board. (3) Subsejer vcet to subsection (4), quorum at meetings of the Board ssh r e t all be six members. ( gh l4 ri) There shall be no quorum unless the Chairman or in l h A iai.s absence, the Deputy Chairman and two non-executive anz members are present at the meeting. Tan f (5) Where in the opinion of the Chairman or in his nt o e absence, the Deputy Chairman, any matter or business is of ern m an unusual urgent nature which cannot await the convening v G o of a meeting consisting of the quorum, the matter may be 02 5 decided at a meeting of the Chairman or as the case may be, ©2 the Deputy Chairman and at least two Deputy Governors and one non-executive member and the decision shall be as valid and binding on the Bank as if it were a decision of a meeting consisting of the quorum and a decision shall be reported to an extra ordinary meeting of the Board. 8 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] (6) Decisions of the Board shall be reached by consensus. (7) Without prejudice to the provision of subsection (6), where the members of the Board fail to reach a consensus on any matter before the Board, the matter shall be decided by . voting; and where the votes are equal, the Chairman shall have OAG a casting vote in addition to his deliberative vote. n o f (8) Members of the Board referred to under paragraph (iscs) io of subsection (2) of section 9 shall not vote in the event werhmp en a decision is to be reached by casting of votes. ut o (9) A member of the Board or its committeeisth w , who is d interested in any matter involving the Bank, orb uin te the exercise or proposed exercise of powers of the Bank t d, is hri all declare that interest at a meeting of the Board or its c or d mmittees, at which that matter or the exercise or proposdeud c eexercise of the power is considered by the Board or comepm roittee and the member of the Board or committee shall noe b tr be entitled to attend or be counted in a quorum present a maty a meeting at which the member has interest in the matterb bo oeking considered. (10) Where the dectihsis i on of the Board is reached by voting, the Governor shall f ar it noform the Minister accordingly. (11) Subject ot po provisions of subsection (3), an act or proceeding bedy . Nthe Board shall not be invalidated by reason of the exissetre vnce of a vacancy among the members and acts e done in r hts good faith by a member of the Board shall be valid notlwl rii gthstanding that, some defect in his appointment or q A iau. alifications be afterwards discovered. an nz (12) Subject to other provisions of this Act, the Board may Ta of regulate its own procedure. nt e Stanrndme ing 12.–(1) The Board shall appoint a Monetary Policy Committee, oCvommittees of GBoard an Audit Committee and other committees as it may be 250 necessary for the discharge of its functions; and, subject to the ©2 provisions of this Act, specify the composition and functions of every committee appointed under this section and the terms and conditions upon which the committee shall exercise its functions. 9 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] (2) A committee shall report to the Board at its next regular meeting on the proceedings and actions of the committee, and the Board may approve, vary or reverse any decision of the committee or may give directions affecting any action of the . committee as the Board may deem fit in the circumstances of G OA each case. n o f (3) Subject to the provisions of this Act and any direction io isss given by the Board in that behalf, a committee shall regulpaet rem its own proceedings. t ou (4) The Monetary Policy Committee establis hwiethd under d subsection (1) shall be composed of the Govebrun teor who shall be Chairman or in his absence, the Deputydi sG tri overnor acting as Deputy Chairman, Deputy Governors a onr d d at least one non- executive Director. e du c (5) The Monetary Policy Comm r eiptt oee shall determine on the application of the monetary po r bleicy set out by the Board and submit to the Board any ma mjo ayr issues affecting the monetary policy to take its stand. ok bo (6) The Monetary is thPolicy Committee shall meet as often as may be necessarryt o f for the performance of its functions and promptly submit a o pto the Board a report of its proceedings after each meeting db. N e y submitting the minutes of the meeting. (7) Thes eqr vuorum at meetings of the committee mentioned in e subsechttsi or n (5) shall be three members, one of whom shall be the ig llC r hairman or in his absence, the Deputy Chairman. a. A i (8) Subject to the provisions of this Act and any directions an nz given by the Board in that behalf, a committee established a of T under subsection (1) shall keep minutes of its meetings, en t reflecting its position on the issues raised and determined. rnm oMv e G anagement of 13.–(1) Subject to the provisions of this Act, the management 25 Bank and powers 0 of Governor of the Bank and the direction of its business and affairs is ©2 and Deputy vested in the Governor and the Governor shall, in the exercise Governors of the functions and direction, conform with the policy and other decisions made by the Board. 10 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] (2) The Governor shall, unless the Board determines otherwise, exercise powers, perform functions and execute duties of the Bank, other than any function specifically conferred on the Board, and authorise expenditure within the . budget approved by the Board. OAG (3) The Governor shall, subject to subsection (2), be the f n o principal representative of the Bank and in that capacity: iss io (a) represent the Bank in its relation with other instituptei romns, including the Government; ut o (b) represent the Bank, either personally or th d w bi y a legal representative in any legal proceedingbsu tteo which the Bank is a party; ri dis t (c) sign solely or jointly with other dp oe r rsons, agreements concluded by the Bank, notes coedu r securities issued by the Bank, reports, balancee ps rhoeets and other financial statements, corresponde bne cre and other documents of the Bank; and ay m (d) delegate any authbo k oroity provided for in this subsection, including the is pthower of delegation to any member of the Board orrt oo fther officers of the Bank. (4) Each of the p aDeputy Governors shall: (a) subject. N o ed to the general supervision of the Governor, be resperovs nsible for the day to day management of business re htsand affairs of the Bank as determined by the Governor; (lb ri)gl discharge other duties as may be assigned to him by the ia. A Governor. an nz (5) The Deputy Governor acting in the capacity of Deputy of Ta Chairman shall have full powers to act for the Governor. en t (6) The exercise by the Deputy Governor of any function ern m of the Governor shall in the absence of proof to the contrary, ov G be deemed to be a valid exercise of the function pursuant to 02 5 2 subsection (5). © (7) The Governor and the Deputy Governors shall, while in the service of the Bank, work full time and shall not, while holding their respective offices, occupy or hold any other paid 11 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] or unpaid office or employment or engage in any professional or private enterprises activities. (8) Subsection (7) shall not prohibit the Governor or Deputy Governor from becoming or acting: . (a) as a governor, director or member of the Board of any OAG international bank or monetary authority to which of n the Government have adhered or given support iossr io approval; or pe rm (b) as a director of any corporation in Tanzania w t ohuich the Bank may, in pursuance to the provisions of wsie thction 58, d promote. uteb (9) The President may, by order publishdedtr iis in the Gazette, specifically exempt any transactions d o rr activities from provisions of subsections (7) and (8). ce du (10) Duties and responsibilitieeps r o of each of the Deputy Governors shall be issued in by-el ar b ws and be published in the Gazette. may oo k Remuneration of 14.–(1) The salaries asn bhi d allowances including retirement Governor, Deputy t Governors and allowances of the G f rt o v ernor and the Deputy Governors shall members of be determined boy p t ahe President. Board (2) The fee N ds. , allowances and other terms of service of the members soerf v ethe Board shall be determined by the Board on approvtas lr eby the Minister. (l3 ri)g hThe salaries, allowances, fees and other terms of services l oiaff. Aered under subsections (1) and (2) shall not be reduced or anz otherwise diminished. Tan Appointmnt ofent of 15.–(1) Subject to the general terms and conditions of service officemrse and other staeffrn of Bank and the establishment prescribed by the Board, the Governor ov shall be responsible for the appointment, termination of 5 G 02 appointment and discipline of the staff of the Bank. ©2 (2) The powers of the Board to make provisions for the staff of the Bank shall include power to provide for benefits for or in respect of staff who die or retire and their surviving dependants. 12 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] Secrecy 16. Except for purposes of the performance of his functions, when required by law or authorised by the Board, a member of the Board or staff of the Bank shall not disclose any information relating to the Bank or to any transaction or customer of the . Bank acquired in the course of employment or the discharge AG O of his duties. of n ss io Capital, reserves 17.–(1) The authorised capital of the Bank shall be one hun i and accounts of edrmred Bank billion shillings, provided that, it may be increased utb p o y the amount as may be determined by the Board, and aituh w thorised by the Minister, by notice published in the Gazeuttee d. (2) The capital of the Bank shall be subis ib stcrribed and held only by the Government of the United Re poru dblic. (3) The Bank may, having regard touc et dhe amount by which the value of the assets of the Bank expcroe ded its liabilities, increase its paid-up capital by the amoubnet r epayable out of the General Reserve Fund as the Board shy a all, by order published in the Gazette, direct. k m oo (4) The paid-up capi b hitsa l of the Bank shall not be reduced. t t o f General Reserve 18.–(1) The Bank p sah r all establish and maintain: Fund, etc., and No allocation of (a) a Gened.r al Reserve Fund; profits (b) a Forveee ign Exchange Revaluation Reserve; (c) so rt ehser appropriate assets revaluation reserves or retained ht rig net unrealised gains reserves set up under a decision ll . A of the Board to reflect changes in market values of the an ia z Bank’s major assets and in accordance with the best n Ta international accounting practice; and of nt (d) other special reserves or funds from appropriation of me rn net profit. ov e (2) The Bank shall transfer to the General Reserve Fund 5 G 02 twenty five per-centum of the net profits until the time that the ©2 total capital of the Bank reach a sum equivalent to at least ten per-centum of the total assets of the Bank less its assets in gold and foreign currencies, thereafter the Bank shall transfer not less than ten percent of its net profits to the General Reserve Fund. 13 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] (3) The Board shall determine, whenever the authorised capital, the General Reserve Fund, the Foreign Exchange Revaluation Reserve and other appropriate asset revaluation reserves or retained net unrealised gains reserves set up by the . Board are below five per cent of monetary liabilities and profits G OA shall be retained to the General Reserve Fund, the Foreign n o f Exchange Revaluation Reserve and any other asset revaluatiosniois reserve. rm pe (4) Unrealised profits or losses from any revalu t oaution of the Bank’s net assets or liabilities in gold, foreign ieth w xchange, d foreign securities or any internationally recobgun teised reserve asset as a result of any change in the par or ottrhidis er value of any currency unit shall be transferred to a sp d oe r cial account to be called the Foreign Exchange Revaluati c doune Reserve Account; the same procedure shall be applied teop rmo arket value movements in relation to the Bank’s other me r b ajor assets when any of the underlying asset is eventua y ml aly sold, any resultant realised components shall be tranbsof oekrred to the income statement. (5) Both realised a tnh ids unrealised gains and losses shall be included in the profirt o c f alculation but only the residual of any net realised profits of p tao he Bank shall be paid within three months of the close of .e Ned ach financial year, into the Consolidated Fund; subject to stehr ve condition that, where at the end of any financial e year, ansy rht of the Governments is indebted to the Bank, the Bank shalll lr i gfirst apply the remainder of its net realised profits to the r A iae. duction or discharge of the indebtedness and thereafter, the an nz amount as relates to the net realised profits of the Bank in the f T a o relevant financial year shall be paid out of the Consolidated nt e Fund to the Treasury of the Government of the United Republic m ern and the Revolutionary Government of Zanzibar in accordance v G o with the formula agreed upon by the Governments. 5 20 2 © Losses charged 19.–(1) Where the Bank’s balance sheet indicates that, the on Consolidated Fund amount of its assets is less than the amount of its liabilities and the statutory fund, the Minister shall, on behalf of the United Republic, issue to the Bank negotiable interest-bearing 14 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] securities at market determined interest rates with a fixed maturity date to the amount necessary to restore the Bank’s level of paid up capital. (2) The securities issued shall be redeemed from the . annual excess of the Bank’s revenue over expenditure prior to G OA deduction of the amount for the General Reserve Fund. n o f (3) The procedure under subsection (1) for coverinsgiois the balance sheet deficit shall be applied in cases whe rm pne the resources of the General Reserve Fund, the Foreign Eoxuc t hange Revaluation Reserve, and other reserves and fundws itshet up by d the Board according to subsection(1) of sectiobnu t1e 8 have been exhausted. tri r d is o Accounting, 20.–(1) The financial year of the Bancked shall be the period auditing and u reporting commencing on 1st July of each yeparor d and the accounts of the Act No. Bank shall be closed on 30th Junee r e b of each financial year. 14 of 2009 s. 31(a) (2) The Bank’s accounmtain y g policies, procedures and associated accounting recorkd oo s shall be consistent with the best international accountinigs h bstandards. t (3) The Board shrta ol fl appoint or re-appoint a head of internal audit who shall a o bpe fully compliant with international audit standards for N d .a period of three years as head of the internal audit func r seti voen who shall report to the Governor and to the Audit Cs or e t mmittee and may report to the Board. ( gh l4 ri) The function of internal audit shall be fully compliant l wia.i Ath international audit standards. anz (5) The Board and the Governor shall adopt a yearly audit Tan f work program and any audit and control operations to be o en t pursued by the head of internal audit and may direct the head m ern of internal audit to conduct reviews of the implementation v G o of the decisions by the Board and any other review deemed 250 necessary. ©2 (6) The annual external audit of the Bank shall be performed by the Controller and Auditor-General in accordance with international accounting and audit standards and in Cap. 348 compliance with the Public Finance Act. 15 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] (7) The Bank shall, within three months of the close of the financial year, submit to the Controller and Auditor-General accounts for auditing. Submission of 21.–(1) The Bank shall publish and submit to the Minister G. report to National A Assembly within six months after the close of each financial year and O n o f Act No. the Minister shall submit to the National Assembly the Banks’sio 14 of 2009 s. s 31(b) annual report comprising of- i erm (a) a report of the Bank’s operations and pruit p o ncipal functions in particular its monetary policy w ia thnd other activities throughout the year; and the ubtea dlance sheet and the profit and loss account; and tribis (b) associated financial statements as w ore dll as detailed notes to the accounts for the year aun d ced the previous year’s comparative data certified bypr toh d e external auditor along with the external auditor re b’se opinion. (2) The Bank shall publimsah y, within ten business days of the subsequent month, ao om k onthly aggregated balance sheet audited by the head of hiins tbernal audit. t (3) The Bank shartl ol, f at intervals of not more than six months after submission a o pof each preceding statement, publish and submit to thed .M N inister the monetary policy statement for the next six meorvn e s ths or shorter period as may be specified by the Ministetsr r. e ( gh l4 ri) The Minister shall submit to the National Assembly the l st.a Aia tement submitted under the provisions of subsection (3). za n (5) The Bank shall, at intervals of not more than six months an f T following the submission of the initial report, publish and nt o e submit to the Minister progress reports on the implementation rnme of monetary policy and reports on the outlook for the future Gov and the Minister shall submit the reports to the National 250 Assembly at its subsequent session. ©2 (6) The Monetary Policy Statement shall: (a) specify the policies and means by which the Bank intends to achieve its policy targets; (b) state the reasons for adopting those policies and means; 16 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] (c) contain a statement of how the Bank considers monetary policy to be formulated and implemented during the next twelve months; and (d) contain a review and assessment of the implementation . by the Bank of monetary policy during the period to OAG which the preceding policy statement relates, whereby of n the Bank shall describe the factors inside and outsiidsse io its control that have affected the outcome of monpee rtmary policy. t ou (7) In addition to the reports published by the B ith wank under d the provisions of this section, the Bank mbauy te issue other publications, including the statements of the ri dis tBoard on issues of monetary policy as the Board considedr os r to be in the public interest. e du c ro ep Exemption from 22.–(1) The Bank shall be exembpet r from payment of any taxes, certain taxes levies or duties in respect omfa yi ts profits, operations, capital, property or documents oro a okny transaction, deed, agreement or promissory note to whhics hbi it is a party. t (2) The Bank shartllo fb e exempt from the payment of stamp or other duties in reo spp a ect of notes and coins issued as currency. N d. Liquidation and 23. The B e earnv k shall be placed in liquidation or wound up winding up of Bank pursuans tr e sto the procedure prescribed in an enactment of t Cap. 212 Parl iraigm h ent but the provisions of the Companies Act and the C ll .o Ampanies Decree shall not apply in relation therewith. nia za By-laws anT 24.–(1) The Board may make by-laws for the good order and t o f management of the Bank. en nm (2) The Board shall make rules regulating travel expenses ve r o and out of pocket allowances applicable to members of the 5 G2 Board and the staff of the Bank incurred in discharging their 0 ©2 duties. (3) By-laws made pursuant to subsection (1) and rules under subsection (2) may not be published in the Gazette. 17 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] PART III CURRENCY Currency and its 25. The unit of currency in Tanzania shall be the shilling each . issue of which shall be divided into one hundred cents. AG O of on Issuance of bank 26. The Bank shall have the sole right to issue bank notes anssdi notes and coins i coins in and for Tanzania which shall be the only legal tpeen rmder in Tanzania. t tho u wi Notification of 27.–(1) Bank notes and coins shall be- ted notes and coins u (a) in denominations of the shilling or isftrr iabctions thereof expressed in cents; and d or (b) of materials, forms and designusc ea dnd bear inscriptions, devices and have other charapcrot deristics, as the Bank shall determine with the appro re beval of the Minister. (2) The Bank shall givem a ynotice in the Gazette of the denominations and other c ooh karacteristics of the bank notes and coins before they are ci b thrisculated for use. of rt Legal tender 28.–(1) Subject to p athe provisions of this section- (a) bank n No d.o tes shall be legal tender at their face value for thee prva eyment of any amount; (b) c roes isns shall be legal tender at their face value in the case ht rig of- ll . A (i) a shilling, or any multiple of a shilling, for the ia za n payment of any amount; Tan f (ii) coins having a face value of fifty cents or below, nt o for the payment of any amount not exceeding five e rnm hundred shillings. e ov (2) Subject to section 29, the Bank shall have power, on G 02 5 giving reasonable notice in the Gazette, to call in any notes or ©2 coins issued by it on payment of the face value thereof. (3) Notes or coins with respect to which a notice has been given under this section shall, on the expiration of the notice, cease to be legal tender. 18 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] (4) This section shall not be construed as precluding the Bank from making payment for any notes or coins called in accordance with subsection (3) which are delivered to the Bank after they have ceased to be legal tender. AG. Lost and 29.–(1) A person shall not be entitled to recover from the Bank O of damaged currency the value of any lost, stolen or imperfect bank note or coin, osrio n s of any bank note that has been mutilated or of any coine rtmh i at has been tampered with. ut p o (2) Without prejudice to subsection (1), the Bith w ank may decide on any value that may be awarded to an d uyte person who present to the Bank, a bank note which is tihstre ib subject of any events referred to in subsection (1). or d (3) The circumstances in whichu d ceand conditions and limitations upon which, the valupero dof any lost, stolen or imperfect notes or coins, mutilabtee rde notes or coins which have been tampered with, may bem rae yf unded as of grace by the Bank and shall be within the abos oklute discretion of the Bank. (4) For the purposehsi so bf this section, a coin shall be deemed t to have been tamperrt eod f with where the coin has been impaired, diminished or oli pg ahtened otherwise than by fair wear and tear, or has bde.e Nn defaced by stamping, engraving or piercing whether ore rnv e s ot it has been diminished or lightened. e s r Destruction of 30. Thht rig e Bank may melt down, break up or deface any coin and coins and notes deAfall. ce or destroy any bank note which has been called in or anz tiaampered with. n f T a t o PART IV men ern OTHER OPERATIONS OF THE BANK v 5 G o 02 The Bank as 31.–(1) The Bank shall be the banker, and act as the fiscal agent ©2 banker to Governments of the Governments. and other public (2) The Bank may, subject to arrangements as may be made authorities with the authority concerned, act as banker and fiscal agent for any public authority. 19 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] Functions as 32.–(1) The Bank in its capacity as a banker and fiscal agent of banker and fiscal agent the Governments or of any public authority, shall be the official Act No. depository of the Governments or public authority concerned 4 of 2017 s. 4 and accept deposits and effect payments for the account of the . Governments or public authority. G OA (2) Without prejudice to subsection (1), the Bank may, after of n consultation with the Governments or the public authoriistsy io and the bank concerned, select any other bank to be the o rm pffie cial depository of the Governments or the public authorityu ta o nd in respect therewith shall- th d w i (a) maintain and operate special officiablu teaccounts in accordance with arrangements made b ri dis tetween the Bank and the Governments or public aud toh r ority concerned; (b) act as agent of the Government ce dsu for servicing the public debt, including the issuanceep roo f payment of interest on and the redemption of beo r b nds and other securities of the Governments; ay m (c) pay, remit, collecbto okor accept for deposit or custody funds in Tanzaniisa th or abroad; (d) purchase, sertl lo, f transfer or accept for custody cheques, bills of exoc ph aange and other securities; (e) collec . N etd the proceeds, whether principal or interest ressuerl vting from the sale of accruing to the interest of the re htsGovernment or public authority of securities or other l ri g l property; and a. A i (f) purchase, sell, transfer or accept for custody gold or n nz a foreign exchange. Ta of (3) The Government and public authorities shall open and t en deposit their moneys with the Bank. ern m (4) The Bank may make regulations for the better carrying ov G out of the provisions of this section. 25 ©20 Bank fee 33. The Bank may charge fee for its services as banker or fiscal agent of the Governments at rates and on cost recovery basis as the Bank shall determine. 20 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] Direct advances 34.–(1) Subject to the provisions of this section, the Bank may- and other short term credit to the (a) make direct advances to the Governments for the Governments, etc. purposes of offsetting fluctuations between receipts Acts Nos. 4 of 2018 s. 4 from- . 14 of 2019 s. 10 (i) voted funds which originated from the AG Consolidated Fund; of O n (ii) unspent funds from various sources; and iss io (iii) payments of the Governments; and rm pe (b) purchase, hold and sell Treasury bills issued t o ub y the Governments which mature not later th th wai n twelve d months from the date of issue. bu te (2) An advance made to the Governmistd erints under this section shall- r d o (a) be made solely for the purpose uoced f providing temporary accommodation to the Govepe rronments and accordingly, be repayable within one heu r b ndred and eighty days; and (b) bear interest at marke a mt r yates as determined by the Bank. (3) For purposes of thbiso oskection and section 35: “voted funds” means r s the i c eipts from budgeted revenues of the Governments w f art h oich are deposited in and paid from the Consolidated pFund; “unspent fund. N o ed s” means receipts of the Governments from variousse sr vources which are deposited in and paid from the e dep r hots sit accounts other than the Consolidated Fund. rig Operation in 35. A ll ia .–(1) Subject to the provisions of this section, the Bank may, Government ansecurities, etc. z for the purpose of offsetting fluctuations between receipts from n Acts Nos. f T a the voted and unspent funds and payment of the Governments, 4 of 2018 ts .on 5 10 of 20e18 s.66 purchase, hold and sell negotiable stocks, bonds or similar 5 ofr n2me 022 s. 6 debt obligations or other securities issued by the Governments Gov which shall bear interest at the market rate as determined by 02 5 the Bank and mature not later than twelve months from the ©2 date of issue. (2) The total amount outstanding at any time of advances made by the Bank under this section and section 34 shall not 21 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] exceed eighteen percentum of the budgeted domestic revenues of Governments as defined in section 36. Meaning of 36.–(1) For the purposes of section 35, the budgeted domestic annual budgeted revenue revenues of the Governments shall be the actual collected . AG Act No. revenues of the previous fiscal year. of O 16 of 2015 s. 4 n o 5 of 2022 s. 7 (2) Collected revenues shall include taxes, levies, dutiesssi, fees, profits and income from any investment or undertaekrmin i g and any contribution to the revenue of the Governmenout ts p from any political sub-division of the United Republic, ieth w xcluding loans, grants and other forms of economic aid aunted d borrowing whether of short or long term. rib di st or Prohibition of 37. Except as provided in sections 34 ancde d3 5, the Bank shall not other credit to Governments, etc. extend any credit directly or indirectroldy u to the Governments or any public authority. p re y b e a Financial 38.–(1) The Bank may opke mn accounts, accept deposits and relations with o other banks collect money and other bmos onetary claims for and on account i of banks and financiaolf tihnstitutions and generally act as a banker to banks and finan rt o p acial institutions. (2) Subject. Nto the provisions of this Act, the Bank may provide addrviet dional services to banks and financial institutions, includin rge sienterbank clearings and the provision of safe deposit facilitihetss. ll r ig A Re-discounts etc. n3ia9 . .–(1) The Bank may, on terms and conditions as it may za an prescribe, purchase, sell and rediscount on behalf of banks, bills f T t o of exchange, promissory notes and other credit instruments so n me long as the instruments bear the endorsement or acceptance of ernv a bank, and matures within one hundred and eighty days from Go 5 the date of acquisition or rediscount by the Bank. 02 ©2 (2) The Bank shall set limits of access to the rediscount facilities. Loans and 40.–(1) The Bank may, on terms and conditions as it may advances prescribe, grant loans and advances to banks and financial 22 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] institutions for a period not exceeding three months against the collateral of: (a) credit instruments satisfying the requirements of section 39; . (b) treasury bills satisfying the requirements of section 39; AG or of O n (c) other credit instruments or securities prescribed by th io isse Bank. rm pe (2) For the purposes of this section, the word “fioun t ancial institution” shall include the Deposit Insura wni tche Fund d established under the law regulating banksb ua tend financial institutions in the United Republic. ri ist or d Bank as lender of 41. The Bank shall be a lender of laucset d resort and at penal last resort interest rates published each year, grparon dt advances or contingent commitments on an exceptionable breasis to banks and financial institutions in Tanzania that ya ma re deemed to be solvent but illiquid where- oo k (a) in the opinion o b hfi st he Board, the advance or commitment t is necessary hoaf rt ving regard to the financial condition of the banko op ar the financial institution and its systemic signifidc.a Nnce to the stability in the financial market; (b) in stehr vee opinion of the Bank, the bank is solvent and p rrets ovides adequate collateral and the request for ighl r financial assistance is based on the need to improve l ia. A liquidity; za n (c) available collateral is insufficient and the Minister has n f T a on behalf of the Government concurred in writing on o en t the advance or commitment proposed by the Bank to ern m that effect; Gov (d) the Minister on behalf of the Government has 250 confirmed in writing that, separate funds or debt ©2 securities in bearer form with interest at market rates will be made available to the Bank by the Governments to cover the advance or full amount of the commitment given in the event that it is realised; and 23 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] (e) the Bank approves upon consent of the Board, each loan and guarantee or other contingent commitment of the Bank or the benefit of a bank or other financial institution pursuant to this section. G. A Bank not to 42.–(1) Except as provided in sections 39, 40 and 41, the Bank of O extend credit shall not extend credit directly or indirectly to banks ansdios n financial institutions. i erm (2) The Bank shall determine and publish the t p oruates of interest for rediscounting instruments and grantinwgit h loans or advances to banks and financial institutions. ute d str ib Bank may 43.–(1) For monetary policy purposes, the di oBr ank may purchase, purchase, hold and sell securities hold and sell securities issued by any o d cef t he Governments or authority for a political sub-divisionro do u f the United Republic, but the purchases shall not be made er e tpo finance any Government budget deficit of either of the Gay o bvernments and shall be made on the secondary market at km mo arket rates. (2) The Bank mayi s be oqually purchase and sell its own negotiable debt secur th rt o fi ties. 44.–(1) Subject too pa Control of . N the provisions of this section, the Bank may banking activities require ban d er kves and financial institutions to maintain minimum cash balarens ces with the Bank as reserves against the deposit and otherig hli tsabilities of the banks and financial institutions and in thaAtll . rrespect, prescribe the currency or the currencies in which ant iahe balances shall be held. nz Ta (2) The Bank may prescribe different ratios for different f t o kinds of deposits and other liabilities and may prescribe the en nm methods of computing the amount of the reserves which ratios er ov and methods shall apply uniformly to banks and financial 5 G2 institutions and may exclude certain liabilities from this 20© calculation. (3) A requirement or increase in the ratios shall take effect on the expiration of at least thirty days notice to the banks and financial institutions. 24 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] (4) The Bank shall impose on any bank or financial institution that fails to maintain the minimum balances required under this section, a daily penalty charge on the amount of the deficiency of greater than 0.2 per centum or . three times the average yearly lending rate of the bank or the G OA financial institution divided by 360, and the charge may be of n recovered by deduction from any balance of, or money owinissg io to the bank or financial institution concerned or recoverpee rdm as civil debt. ut tho w i Liquid assets 45. A bank or financial institution shall muatien d tain liquid ratio assets at levels prescribed by the Bank in accotrribis dance with the Cap. 342 provisions of the Banking and Financial In d orstitutions Act. ce d Submission and 46.–(1) A bank or financial instri u otdution and any affiliate publication of information shall furnish to the Bank, at a timreepe and in a manner as may be prescribed by the Bank, ayt h b e information as the Bank may require for the propoek r m discharge of its functions and responsibilities under thisi bs o Act. (2) Where any b oaf nthk or financial institution contravenes t or fails to compl y r pa with any requirement of this section, the bank or finand.c Nioal institution concerned and an officer who is in defaultrv ee on conviction shall be liable under section 66 of Cap. 342 the Bans kr eisng and Financial Institutions Act to a default fine stipul t gahted thereunder. All r i Power to conduct n4ia . a 7.–(1) Notwithstanding any provision to the contrary examinations ofn z banks or finaTnacial contained in any written law, the Bank shall have power to institutiont so f access to any oral and documented information, including Act No.en 2 of n2m022 s. 26 information in computers, books, minutes, accounts, cash r ov e securities, documents, vouchers as well as any other things in G 25 the possession or custody or under the control of a bank or 20© financial institution or its affiliate, which relate to the business of the bank or financial institution or to anti-money laundering Cap. 423 and countering terrorist financing matters pursuant to the Anti-Money Laundering Act. 25 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] (2) The Bank may carry out, at a times as it may consider Cap. 342 necessary, an examination of any bank or financial institution in accordance with the provisions of the Banking and Financial Institutions Act. G. A Credit reference 48.–(1) The Bank shall create a credit reference system designed O system of to collect and provide information on the payment record sosfi o n the clients of banks and financial institutions, savingse ramni d credit schemes and other entities engaged in a regular p o ub t asis in the extension of credit within the United Republic. th w i (2) The credit reference system shall consistetdu of a credit reference databank administered by the Bank atnribis d private credit reference bureaus operating under the co onr dditions prescribed by the Bank. ed uc (3) The banks and financial pirno dstitutions shall, having ascertained the proper identity obef rteheir customers, individuals as well as representatives of mc auystomers that are legal entities, report to the credit referenkc oo e databank detailed information about credit facilities exs bhi tended to each client, in the format t and with the freque f rtn ocy as the Bank may prescribe. (4) The Banko ps ahall have and exercise powers to mandate a standardize N dd. method or technology for the assignment of a unique iedrvs eentification number to each client by banks and financitas lr einstitutions. ( g l5 ri) h The information received from banks and financial l iian. s Atitutions shall be consolidated by the Bank with a view to anz determine, at a minimum, the total indebtedness and payment Tan f performance of each client and may provide to each reporting t o en institution for internal control and monitoring purposes. ern m (6) The Bank may require banks and financial institutions ov G report to the credit reference databank other information 5 02 relevant to their clients’ operations including, but not limited ©2 to information on electronic payment instruments and cheques that are returned or refused for lack of funds, fraud or any other information required by the credit reference databank. 26 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] (7) The Bank may require any savings and credit institution or scheme and any other entity engaged in the extension of credit to report any information required by the credit reference databank. . (8) The Bank shall have and exercise powers to license and OAG regulate operations of private credit reference bureaux that n o f access information from the credit reference databank. siois (9) The clients of institutions providing informatipoen rm to the Bank shall execute a written consent to the institutuit o ons to obtain from exchange with or disclose information w ri tehlating to d the clients to banks, financial institutions or crueteb dit reference bureaux. tri dis (10) The information collected, exchandg oe r d with or disclosed to banks, financial institutions or cr e due cdit reference bureaux shall be used only for the purpose eopf ro verifying accuracy of the information, conducting credit b ei nr vestigations and executing and performing loan or cred mit a ay greement. k oo Administrative 49.–(1) Where a privha b ist e credit reference bureau is found penalty t involved in gross or f r t roepeated violation of consumer protection regulations or fao ipl as to furnish correct information that may be required bdy. N the credit reference databank, the Bank may impose onse tr vhee private credit reference bureau a penalty charge of not le rsets s than five hundred thousand shillings for every day durli h nrigg which the non-compliance continues or withdraws its l A l iaic. ence. za n (2) The Bank may use the credit reference databank to an f T monitor the credit activities of any individual institution and nt o e the credit market for purposes of publication of periodical ern m information. ov G (3) The banks and financial institutions may request 250 information from the credit reference databank or a credit ©2 information bureau regarding payment record of prospective clients, and in relation therewith banks and financial institutions shall observe that, written loan applications are signed by prospective client and filed for review by the Bank in the course of periodic examinations. 27 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] External reserves, 50.–(1) The Bank shall, subject to the provisions of this Act, gold and foreign exchange formulate, determine and implement the exchange rate policy in the United Republic with a view to attaining its primary monetary objective stated in section 7. . (2) In order to ensure a smooth and effective coordination OAG with the Government’s economic policy, the Governor shall of n consult with the Minister on the exchange rate policy anissd io on any major draft decision on the exchange rate policyp ew rmith reasons thereon. ut ith o w Reserve of 51.–(1) The Bank shall use best endeavors tote du maintain a external assets reserve of external assets at a level which is, at mtribis inimum, equal to four months imports requirements and otrh d e requirements of international transactions of the Uniteudc eR d epublic for the same period of time. pro d (2) Subject to the provisions o re bfe subsection (4), the reserve of external assets shall consist amnayy of the following: (a) gold; k oo (b) foreign exchanges bhi in the form of: t (i) demanrd f t o or time deposits with foreign central banko sp a or with the Bank’s agents or correspondent adb. r Noad; (ii) ervs de ocuments and instruments customarily used rets for the making of payments or transfers in gh l ri international transactions; l ia. A (iii) notes or coins; and anz (c) securities or guarantees by foreign governments or Tan f international institutions and organisations. o en t (3) The Bank shall determine the type and form of foreign m ern exchange and the kinds of securities which may be held in the ov G reserve of external assets. 02 5 (4) The Bank may include in its reserve of external assets ©2 any internationally recognised reserve assets being a reserve asset not referred to in subsection (2), including: (a) the reserve position of the United Republic in the International Monetary Fund; and 28 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] (b) holdings and special drawing rights of the United Republic, which the Bank, after consultation with the International Monetary Fund, considers suitable for inclusion in the reserve. . AG Dealing in gold 52.–(1) Subject to the provisions of this section, the Bank may: of O and foreign currencies (a) import, export, buy, sell, hold or otherwise deal in golsdsi; on (b) acquire and transfer balances in foreign currenecrmie i s, hold balances with foreign central banks or wt p ouith the Bank’s agents or correspondents abroad, ainth w d invest balances in marketable foreign securitiesu;t ea dnd (c) acquire, hold, transfer, and effect traisntr isbactions of any kind in foreign exchange. or d (2) The Bank may engage in foreignc edu exchange transactions with- d pro (a) banks and financial institue r e b tions; (b) the Governments; y ma (c) a public authority; k oo (d) foreign central bhias nb ks, foreign banks or foreign financial t institutions;rt o f (e) foreign o pg aovernments or agencies of foreign govern.m Nd ents; (f) inteerrv e s national financial organisations or institutions; sa rt ned (lg ri)g h any other person the Bank may prescribe by notice in Al a. i the Gazette. n za (3) The buying and selling rates in transactions authorised n f T a by this section shall be in accordance with international t o en agreements to which the United Republic is a party or to which rnme the United Republic is associated. ov 25 G 0 Exchange control 53. The Bank shall perform functions in the administration of ©2 any law relating to the control of the import, export, purchase, sale or other transaction in foreign exchange and gold as may be stipulated thereof. 29 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] Payments 54. The Bank shall administer any payments agreement entered agreements into by the Governments. Fiscal and 55. The Bank shall be the fiscal agent for the Governments’ depository for Government’s transactions with international financial organisations or AG. transactions, etc. institutions of which the Government of the United Republic O n o f is a member. iss io rm Miscellaneous 56.–(1) The Bank may open accounts for, accept deposuitt pferom, powers and functions and collect money and other monetary claims foitrh oand on account of foreign central banks, foreign banks da wte nd foreign financial institutions and may generally act as trbibs aunker to banks and institutions. or di (2) A foreign currency reserves held coend deposit or managed by the Bank shall be immune frorm u od any legal proceedings including an order for executionre,pe attachment or any other similar process issued by any b acyourt for enforcing payment by the Bank in relation to foreoikg mn currency reserves. is bo Relations 57.–(1) The Bank shaf tlho l, for the purposes of compilation and with private enterprises, publication of thpe r t a balance of payments statistics meeting organisations and international .s Nt oandards, compile information from public bodies offices and rf d verom banks and financial institutions and, to the extent strreis cetly necessary, from private enterprises, organisations and bigoh tds ies. . A( ll2 r) Public offices, banks and financial institutions shall, ana iat a request by the Bank, provide any information the Bank nz Ta considers necessary for compilation of any monetary, financial t o f or other statistics on the financial sector. n nm e (3) A private enterprise, organisation and body shall, er ov at a request of the Bank, provide any information the Bank 25 G considers necessary for the compilation of the balance of ©20 payments statistics. (4) Where a bank or financial institution fails to comply with any requirement of this section, the Bank may impose on the relevant bank or financial institution a penalty of not exceeding five hundred thousand shillings for every day during which 30 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] non-compliance continues and the charge may be recovered by deduction from any balance of, or moneys owing to the bank or financial institution concerned or by institution of a suit. (5) A private enterprise, organisation or body that fails to . comply with a requirement by the Bank made pursuant to G OA the provisions of subsection (3) shall be subject to a penalty of n not exceeding one hundred thousand shillings for every diassy io during which non-compliance continues. pe rm t ou Relations with 58.–(1) Subject to subsection (2), the Bank may, inith order to corporations w effectively promote the functions of the Bank,u tes dubscribe to, hold, and sell shares or acquire an interest in rib is tany corporation established for the purposes of promoting o trh d e development of financial markets or of improving the fiucnea dncial machinery and payment systems in the United Rep d puroblic. (2) The total value of the Ban e be kr ’s holding of any shares or interest shall not at any time exmcaye ed fifty percent of the aggregate of the Bank’s paid up capit k oaol and of its General Reserve Fund. s bi Interest on 59.–(1) On minimumf t h o cash balances required, the Bank may deposit balances t and blocked not pay interest o r npa balances deposited with the Bank. accounts (2) The BankN od. may, where circumstances render it desirable and prudenertv eso to do, pay interest at market rate, and subject to qualifirecss ation as it may determine, on the balances in any amounht rig t with the Bank which is a blocked account within the m. eAall ning of the prevailing foreign exchange regulations. ia za n Advice to anT 60.–(1) The Bank shall advise the Governments when in the Governme nt o ft s Bank’s opinion, any matter relating to its functions, powers en nm and duties is likely to affect the fiscal policy and the national er ov economic growth or the achievement of the principal objectives G 25 of the Bank. 0 ©2 (2) The Governments may seek opinion and advice on draft Governments’ budget, financial legislation and any other matter affecting the functions, powers and duties of the Bank or any proposals, measures or transactions relating thereto, and the Bank shall give the advice accordingly. 31 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] Prohibited 61.–(1) The Bank shall not- operations (a) save as expressly authorised by this Act, engage in trade, own or acquire any direct interest in any commercial, agricultural, industrial or similar undertaking except . in the course of obtaining satisfaction for any debt due AG O to the Bank; n o f (b) purchase, acquire or lease immovable property for ainssy io purpose except as premises for the Bank, incluedrmp ing reasonable provision for anticipated future requiorue t ments or for the use by members of the Board or its itshtaff; d w (c) guarantee any loan, advance or invebsut tement unless expressly authorised by this Act. i dis tr (2) Where, in the case provided ino r d paragraph (a) of subsection (1), the Bank acquires any uicneterest, it shall dispose of the same at the earliest suitable opro d e portunity. e r PARay b m T V k MISCELLA Nbo oEOUS PROVISIONS hisf t Limitation on 62. The Governmearnt ots shall not hold or maintain any reserve external holdings of external ass eNtos p except to the extent necessary for working balances. d. erv e es Prohibited 63. Sa r hvtse with the written consent of the Bank, a bank shall banking names notl l rbi ge registered hereafter under the provisions of any law, bay. A i a name which includes any of the words “central”, “state,” an nz “government” and” reserve”. Ta of Banks, entct e ., 64. In the discharge of its functions under this Act and in the deemnmed to be puebrlic service for administration of any law, the Bank, members of the Board ov Gcertain purposes and staff of the Bank shall be treated as holding office in the 02 5 public service. ©2 Immunity of 65.–(1) Notwithstanding the provisions of any other law, an members of Board, staff and action or other proceedings shall not lie or be instituted against employees of any member of the Board of the Bank, official or employee of the Bank 32 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] Bank for or in respect of any act or thing done or omitted to be done in good faith in the exercise of powers conferred by this Act. (2) An official or other member of the staff authorised to make decisions on behalf of the Bank having an equivalent . interest in any matter involving the Bank shall be required to OAG report that matter to the supervisor and shall not be entitled to n o f make decisions related to that matter. io miss er Immunity of 66. Notwithstanding anything to the contrary in anyo p uwt ritten Bank law, where any judgement or order has been obtain weithd against the Bank, an execution or attachment or procesutse din whatever nature, shall not be issued against the Bansktri ibor against any property or asset of the Bank, but the Ban d or k shall cause to be paid the amounts as may, by judgemeuncte dor order, be awarded against the Bank to the person entitlreodd . e r ep Immunity of 67.–(1) The assets of the Govaeyr bnment including any local or assets managed by Bank foreign currency held on odk e mposit or managed by the Bank, shall be immune from isa bn oy enforcement proceedings and an execution, attachme onf tth or any other similar process shall not t be issued by any r pcaourt for enforcing payment by the Bank in relation to andy. Naosset held on account of the Government and a person sehrva ell not be individually liable under any order for paymen tr es bsy the Bank or any officer of the Bank in relation to the asshet rig t held on account of the Government. A(ll. 2) Where in relation to any asset of the Government held nbiaza y the Bank proceedings have been instituted in any court n Ta for enforcement or procuring execution by attachment or f Cap. 5 nt o any other similar process, the provisions of the Government me rn Proceedings Act, shall apply mutatis mutandis in relation to ov e proceedings against the Bank or any officer of the Bank. 5 G2 ©20 Overriding effect 68. In the event of conflict arising from the provisions of this Act and any other Act relating to the exercise of power and performance of functions of the Bank, the provisions of this Act shall prevail. 33 THE BANK OF TANZANIA ACT [CAP. 197 R.E. 2023] Waiver for non- 69. The Board shall prescribe rules to be applied by the Bank compliance on the waiver of compliance or penalties for non-compliance of the provisions of this Act or regulations and any matter that is economically or otherwise important shall be referred to the . Board for determination. AG of O Powers to make 70.–(1) The Minister may make regulations necessary ossri o n regulations desirable to give effect to the provisions of this Act. erm i (2) Regulations made under subsection (1) sohu ta pll be published in the Gazette. th w i (3) The Board may make by-laws, rules and isstuedu e directions, orders and circulars regulating the manniesrtr i bby which the objective of this Act may be carried on. or d (4) The by-laws, rules, directions, ordceeu rds and circulars issued under subsection (3) may not be pupbrol dished in the Gazette. e e r Repeal and 71.–(1) [Repeals the Bank of Tya a nb zania Act]. savings Act No. (2) Notwithstanding theo kr e mpeal of the Bank of Tanzania Act- 1 of 1995 (a) regulations, ruleiss ,b oorders, by-laws, directions or other subsidiary leg th oifs lation made, given or issued under that t Act and w r phaich are in force immediately before the date of comi o d. n Ng into operation of this Act shall remain in force unteirlv t ehey are revoked, cancelled or varied by regulations, s sr ur eles, orders, by-laws, directions or other subsidiary ht rig legislation made, given or issued under this Act; . A( llb) appointments made under that Act and which have not nia za been revoked immediately before coming into operation n Ta of this Act shall remain in force until they are revoked or ofnt fresh appointments are made under this Act; and e rnm (c) legal proceedings instituted or orders made under that veo Act shall continue and be deemed to be proceedings or G 02 5 orders made under the provisions of this Act. ©2 34