OUR PRACTICE AREAS

MINING

Tanzania is one of the African Countries endowed with abundant natural resources, the country is rich with mineral deposits ranging from gold, diamonds, platinum and various types of gemstones among others. We provide professional advice on all stages of mining activities from exploration, application/ renewal of mining licences, Joint Venture Arrangements, Environmental and related matters.  For a company to carry mining activities in Tanzania must be Incorporated in Tanzania.  Governments mandatory participation requirement of not less than 16% free carried interest. Government can also participate through conversion of tax expenditure (tax exemptions) to equity of not more than 50%. There is also a Local content requirement including banking. Licences which are required include Primary license, Special Mining licence and Mining License. Associated licences include Prospecting licence, Broker licence and Processing licence. Mining is regulated by the Mining Commission which is under the Ministry of Minerals.

The Firm has had the opportunity of working for some of the participants in the mining industry in disputes concerning mining rights.  It has also carried out due diligence on behalf of some mining companies thereby facilitating transfer of mining rights or formation of Joint Venture companies.

All those activities are obviously regulated by the Mining Act Cap. 123, R. E. 2002 which is considered to be more business friendly. The Firm has also delved in understanding the current legal and regulatory framework in the mining sector following the enactment of the Natural Wealth and Resources Contracts (Review and Renegotiation of Unconscionable Terms) Act, 2017 and The Natural Wealth and Resources (Permanent Sovereignty) Act, 2017. In January 2018 the Government also passed regulations, Mining (Mineral Rights) Regulations of 2018 which among other issues intends to audit and review various mining licenses. All the legislations have some impact to the current licenses and agreements.

Mining in Tanzania is regulated by the following legislations which in one way or another touch or affect the carrying of mining activities in Tanzania, these are;

  • Mining Act 2010 R.E 2018
  • Land Act of 1999
  • Village land Act of 1999
  • Natural Wealth & Resource Act, 2017
  • The Companies Act, 2002
  • The Explosive Act, 1963
  • The Environmental Management Act, 2004
  • The Investment Act
  • The Law of the Child Act, (Child Employment Regulations)
  • The Mining (Diamond Trading) Regulation 2019
  • The Mining (Local Contents) Regulation, 2019
  • The Explosive Act, 1963
  • The Mining (Mirerani Controlled Area) Regulations, 2019
  • The Mining (Beneficiation) Amendments) Regulations 2019
  • TEITA Regulations, 2019

Please contact us if you have any comments or questions, so we can advise you further

OIL AND GAS LAW

Aloys & Associates has extensive knowledge-based approach and dedication to quality and safety which allow us to provide innovative legal solutions to our clients invested or those interested in investing in the oil and gas industry in Tanzania. We advise investors on the legal and regulatory regime that governs the petroleum sector in Tanzania.

As it is with the land, all title and control over petroleum on any land in Tanzania vests with the Government, In Tanzania, the Petroleum Upstream Regulatory Authority (PURA) regulates upstream activities whereas midstream and downstream activities are regulated by Energy and Water Utilities Regulatory Authority (EWURA). The Government through Tanzania Petroleum Development Corporation (Mandated National Oil Company) maintains a 25% participating interest in upstream activities. The National Oil Company has exclusive petroleum rights and any operations must be through joint venture.

The Firm has expertise to facilitate its clients in handling all legal matters in relation to oil and gas while recognizing all the stakeholders’ needs in large- and small-scale projects. With our knowledge, transactional capability and wide-ranging skills in finance, corporate, tax, real estate, environmental and competition law, we can deliver integrated legal services that are unparalleled to assist our clients in realizing their investment goals.

Relevant legislations that govern oil and Gas in Tanzania include:

  • The Petroleum Act, 2015
  • The Oil & Gas Revenue Act, 2015
  • EWURA ACT, Cap 414
  • The Petroleum Act, 2015
  • Tanzania Extractive Industries (Transparency and Accountability) Act 2015
  • Oil and Gas Revenues Management Act 2015
  • Energy and Water Utilities Regulatory Authority Act (CAP 414)
  • Public Corporations Act (CAP 358)
  • Environmental Management Act 2004
  • Income Tax Act 2004
  • Occupational Safety and Health Act 2003
  • EWURA, Regulations
  • Natural Gas Policy

BANKING AND FINANCE LAW

Aloys and Associates has the experience and insight to help its clients navigate through financial markets in Banking and Finance Securities. We advise on all aspects of cross-border and domestic financing. We are experienced in local and international banking, finance laws, regulations and customs. We have a very experienced team which has worked with local and international commercial banks, investment banks and merchant banks as well as financial institutions in all matters including drafting and execution of lending and securities documents; local banking compliance rules and regulations.

 

Operating in the banking industry, there are minimum capital requirements. Besides taking deposits and issuing loans banks can engage in money transfer, housing/mortgage financing, finance leasing, bancassurance and forex exchange businesses. Banks may get into insurance business through a subsidiary. Distribution channels include branches, electronic banking and agency banking. Banking is regulated by the Central Bank which is under the Ministry of Finance and Planning.

INSURANCE

We have responded to the increasing demand for services in this area.  The partners together with their support teams provide a complete rate of services to the local insurance industry. In addition, the skills of the staff in mediation and negotiation has proven to be a success in determination of insurance disputes the Firm has been engaged to represent the interests of one of the Parties therein. To operate in Tanzania in this industry, there are Licences to be obtained which include Insurance licences and Broker licences. There are also minimum capital requirements. Insurance is regulated by Tanzania Insurance Regulatory Authority which is under the Ministry of Finance and Planning. The laws that govern Insurance industry in the country include the Insurance Act, 2009, The Insurance Regulations, 2013 and the Law of Contract Act.

Our areas of specialization in this industry include:

  • Professional indemnity;
  • Product liability;
  • Fire, accident and general liability insurance;
  • Reinsurance;
  • Policy drafting and underwriting advice;
  • Claims and disputes.

INTELLECTUAL PROPERTY LAW

Intellectual property law and practice in Tanzania is governed by complementary statutes, supported by the Common-law, and based on internationally accepted principles.

The multi-disciplinary nature of Aloys & Associates and a recent international demand on strict adherence to protection of Intellectual Properties rights, has led to the firm undertaking extensive work in intellectual property law.

The firm offers a broad-based service in this area, including:

  • Advice on the acquisition, registration and protection of intellectual property;
  • Business and Corporate names;
  • Licensing and technical agreements;
  • Advice on all related aspects of taxation;
  • Restrictive trade practices;
  • Trademarks;
  • Copyright;
  • Advice on the application of trade and marketing laws.

CORPORATE COMMERCIAL

We have a highly specialized Team in corporate and commercial law which enjoys a fair and just reputation for the quality of work and presentations and the team has gained enormous personal experiences over the years in working as corporate lawyers for various reputable companies and other multinational clients.

As corporate lawyers we also provide advice and services on the following areas such as Public Listing of Companies, advice on the structuring of transactions, Joint Ventures and management contracts, formation of companies, corporations and partnerships, provision of corporate secretarial services, formation and use of business trusts, Investment advice as per Tanzania Investment Law, Bankruptcy, Composition and Arrangements.

Relevant legislations include:

  • The Companies Act, 2002
  • The Business Names Registration Act,
  • Companies Insolvency Rules, 2005
  • The Law of Contract Act,
  • The Trade and Service Mark Act,
  • The Patent Registration Act, cap 217 [R.E 2002]
  • The Copyright and Neighbouring Rights Act, 1999

EMPLOYMENT AND LABOUR LAW

Various laws and case law regulate the relationship between the employer and employee in Tanzania.  These laws includes:

  • The Employment and Labour Relation Act, 2004
  • Non-Citizen Employment Act, 2015
  • Non-Citizen (Employment Regulations) Act, 2015
  • The Labour Institutions Act, 2014
  • Occupational Health and Safety Act, 2003
  • National Social Security Fund Act
  • The Law of the Child Act, (Child Employment Regulations)
  • The Labour Courts Rules 2007
  • The Employment and Labour Relation (Code of Good Practice) Rules 2004
  • The Labour Institution (Mediation and Arbitration) Rules, 2007
  • Labour Institution Wages Order, 2013

We offer a comprehensive range of professional services to our clients in Labour Laws matters and practice to provide seamless and integrated advice from recruitment to retirement, to help clients anticipate and avoid problems, as well as deal effectively and sensitively with collective bargaining and workers’ trade union issues. Our services cover the following areas:

  • Labour litigation;
  • Drafting agreements and contracts of employment;
  • Advice on the labour implications of acquisitions and mergers;
  • Advice on retrenchment process;
  • Preparation of retrenchment agreements;
  • Advice on alternative means of dispute resolution, including mediations and arbitration, and the formulation of strategies in respect of strikes, lock-outs and other forms of industrial action;
  • Institution of proceedings in the Commission for Mediation and Arbitration as well as at the High Court of Tanzania, labour Division;
  • Advice on fair labour practices;
  • Advise on statutorily based employment conditions and minimum standards.

IMMIGRATION LAW

Depending on their business in Tanzania, Non-Tanzanians require different types of permits (visa) to remain in the Country. Applications of permits may at times be to multiple government entities. Foreign employees (expatriates) need to apply for a work permit issued by the Ministry of Labour before applying for a residence permit from the immigration department.

We provide detailed advice on immigration matters and assist with obtaining the appropriate permits, including Business Visas, Short Term Permits, Work Permits and Residence Permits.

The following are some of the laws that govern Immigration matters;

  • The Immigration Act, [Cap 54 R.E 2016]
  • Non-Citizen Employment Act, 2015
  • Non-Citizen (Employment Regulations) Act, 2015

Please contact us if you have any comments or questions, so we can advise you further.

PRO-BONO SERVICES

We take pleasure in assisting or providing Pro-bono services in both civil and criminal matters whenever we have capacity to do so or as may be requested by the Judiciary or other organisations entitled to offer legal aid to those who need but cannot afford legal services.

LITIGATION AND ALTERNATIVE DISPUTE RESOLUTION (ADR)

We have a good and ethical track record in criminal, civil litigation and alternative dispute resolution (Negotiation, Mediation and Arbitration). We also handle matters before various tribunals. Our lawyers are highly experienced legal practitioners who frequently represent clients in ADR processes, further they have a long history of litigation practice during which they have represented, among others, major companies, Financial Institutions, Oil and Gas Companies, Transport companies and individuals in the following fields:

  • Civil and Criminal laws (Litigation)
  • Insurance disputes and related matters
  • Banking Disputes
  • Business and Commercial disputes
  • Employment and labour disputes
  • Land disputes
  • Cases founded on breach of contracts
  • Human Rights

MEDIA AND TELECOMMUNICATIONS

This covers telecommunications (both fixed and mobile), broadcasting and postal services. Electronic and postal communications include courier services is regulated by the Tanzania Communications Regulatory Authority (TCRA) under the Ministry of Works, Transport and Communications. TCRA has the mandate to licence and oversee the operations of licensees. There is a mandatory universal communication access fund where all telecommunication operators must contribute a percentage of revenues.

Aloys & Associates provides a comprehensive range of advisory and dispute resolution services in Media and Telecommunications sectors, and on related matters such as intellectual property and competition law.

In the telecommunications sector, the firm provides advisory services regarding the structuring, financing and negotiation of large international telecom transactions in various contexts, such as licences and concession agreements, joint ventures, mergers and acquisitions, privatisations, bidding processes and public procurement.

Aloys & Associates team has extensive experience in the prevention, management and resolution of disputes in the Media and Telecommunications sectors including disputes before Telecom Regulatory Authorities and other forms of Alternative Dispute Resolution.

Some of the relevant Legislations under Media and Telecommunications include:

  • Electronic Transaction Act, 2015
  • The Electronic and Postal Communications Act, 2010
  • The Media Service Act, 2016
  • The Media Services (Defamation Proceedings) Rules, 2019

TAXATION

Our Lawyers have a solid track record for high quality and sound tax advice and tax planning as well as extensive experience in negotiating and contesting tax disputes.

The specialist services offered in tax law include:

  • Advice on tax matters, including the most tax-effective structuring of transactions and the selection of appropriate tax structures for the establishment of new business;
  • Negotiating with Tanzania Revenue Authority and the Ministry of Finance;
  • Litigating on tax matters in the appropriate courts, including Income Tax Revenue Appeals Board, and Tax Appeals Tribunal, and at the Court of Appeal.

Relevant legislation Includes;

LAND LAW AND PROPERTY CONVEYANCING

Land in Tanzania is regulated by The Land Act Cap. 113, R. E. 2002, and The Village Land Cap. 114 R. E. 2002 and other related laws, on the other hand conveyancing on registered land has to conform to laid down statutory requirements on registration and is most complex and delicate subject in Tanzania.

Aloys and Associates thus offers a steady legal bridge in between the laws, policies, stakeholders, agencies and the general public. We hold vast experience in handling issues such as; Advice and representation in dispositions and conveyance of real estate, property tax, investments in lands, real estate and construction litigation and arbitration, survey plans, permits and licenses etc.