The Tanzania Shipping Agencies (Facilitation of Maritime Traffic) Regulations, 2024

Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) GOVERNMENT NOTICE NO. 416 published on 31/5/2024 THE TANZANIA SHIPPING AGENCIES ACT, (CAP. 415) ________ REGULATIONS ________ (Made under section 61(1)) TANZANIA SHIPPING AGENCIES (FACILITATION OF MARITIME TRAFFIC) REGULATIONS, 2024 ARRANGEMENT OF REGULATIONS PART I PRELIMINARY PROVISIONS Regulation Title 1. Citation. 2. Application. 3. Interpretation. PART II ADMINISTRATION 4. 5. Roles of Corporation. Risk management. PART III PROCEDURES FOR ARRIVAL, STAY AND DEPARTURE OF SHIP Required documents for arrival, stay or departure of a ships. Pre-arrival of ship. Restriction for requirement of certain information. 6. 7. 8. Arrival of ship. 9. 10. General Declaration. 11. Cargo Declaration. 12. Ship’s Store Declaration. 1 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) 13. Crew’s Effects Declaration. 14. Crew List. 15. Passenger List. 16. Dangerous Goods Manifest. 17. Submission of Declaration of postal items. 18. Maritime Health Declaration. 19. Submission of documents. 20. Correction of errors. 21. Stay of ship. 22. Pre-departure of ship. 23. Departure of ship. PART IV PROCEDURES FOR ARRIVAL STAY AND DEPARTURE OF IMPORT AND EXPORT CARGO AND OTHER ARTICLES 24. Arrival, stay and departure of cargo and other articles. 25. Arrival of import cargo. 26. Arrival of export cargo. 27. Stay of import cargo. 28. Stay of export cargo. 29. Clearance of cargo. 30. Cargo not discharged at the port of intended destination. 31. Limitation of ship owner’s responsibilities. 32. Departure of import cargo. 33. Departure of export cargo. PART V PROCEDURES FOR ARRIVAL AND DEPARTURE OF PERSONS 34. Procedure for arrival of passengers and crew. 35. Arrival of ship crew. 36. Arrival of passengers. 37. Inspection and handling back of passport and official documents of identity. 38. Forged, falsified or counterfeited travel document. 39. Shipping agent obligation. 40. Inadmissible person. 41. Embarkation and disembarkation card. 42. Acceptance of certificate vaccination. 2 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) 43. Medical examination. 44. Customs inspection and waiver. 45. Acceptance of Seafarer Identity Document. 46. Seafarer to enter or leave country. 47. Duty to facilitate clearance of passengers, crew and baggage. 48. Special facilities for elderly and people with special needs. 49. Grant of pratique to cruise ship or passenger ship. 50. Passenger in transit. 51. Ship engaged in scientific services. 52. Shore leave. 53. Departure of ship crew. 54. Departure of passengers. PART VI PROCEDURES FOR HANDLING OF STOWAWAYS Interrogation and notification by master. 55. Handling stowaways. 56. Prevention of stowaway incident. 57. Preventive measures of port terminal operator against stowaway. 58. Ship security arrangements. 59. Treatment of stowaway on board. 60. 61. Notification to International Maritime Organisation. 62. Deviation from planned route. 63. Disembarkation and return of stowaway. 64. Nationality or right of residence. 65. Admissibility of inadmissible stowaway. 66. 67. Return of stowaway. 68. Cost of return and maintenance of stowaway. Identifying and removal of stowaway. PART VII PROCEDURES FOR EMERGENCY SHIP CALL 69. Handling a ship call on emergency. 70. Notification for emergency ship call on medical attention. 71. Priority for berthing. 72. Facilitation during emergency. 3 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) 73. Declaration for emergency call. 74. Precedence and measures for protection of public health. 75. Emergency medical treatment. 76. Emergency assistance. PART VIII OFFENCE AND PENALTIES 77. Offence and penalties. PART IX GENERAL PROVISIONS 78. Services at port. 79. Security to cover liabilities. 80. Sufficient notice to reduce time for formalities. 81. Complaint handling. _________ SCHEDULE _________ 4 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) THE TANZANIA SHIPPING AGENCIES ACT, (CAP. 415) ________ REGULATIONS ________ (Made under section 61(1)) ________ TANZANIA SHIPPING AGENCIES (FACILITATION OF MARITIME TRAFFIC) REGULATIONS, 2024 PART I PRELIMINARY PROVISIONS Citation 1. These Regulations may be cited as the Tanzania (Facilitation of Maritime Traffic) Shipping Agencies Regulations, 2024. Application 2. Save for warship and pleasure yatch, these Regulations shall apply to- (a) a ship involved in an international voyage while in a port or a place within Mainland Tanzania; and (b) a ship of coastal or non-coastal State whose government is a party to the FAL Convention. Interpretati on 3. In these Regulations, unless the context otherwise requires- “passenger in transit” means a passenger who arrives by a ship from a foreign country for the purpose of continuing his journey by ship or some other means of transport to a foreign country; “authorised officer” means an officer of the Corporation or any other person duly authorised by other Government institutions for the implementation and enforcement of the written laws and provisions of these Regulations; 5 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) “seafarer” means a person, including the master of a ship, who is employed or engaged or works in any capacity on board a ship and whose normal place of work is on board a ship; “port” shall have the meaning ascribed to it under the Act; “cargo transport unit” means a freight container, swap body, vehicle, railway wagon or any other similar unit; “ship document” means a certificate and other document made available by a ship master to demonstrate the ship’s compliance with international or national regulations; “security measure” means a measure developed and implemented in compliance with an international agreement to improve security on board a ship, in a port, facility and of goods moving in the international supply chain to detect and prevent an unlawful act; “ICD” means Inland Clearance Depot; “IMO” means the International Maritime Organisation; “ISPS Code” means the International Ship and Port Facility Security Code of 2002; “clearance” means the process of getting necessary permits, either written or electronically, to allow a certain process to be performed, including: (a) permit for- (i) a ship to enter or leave territorial waters; (ii) a ship to berth; (iii) a cargo or passengers to proceed to import or immigration control; (iv) a ship to load or offload; (v) a ship to leave berth; and (vi) a cargo to be imported or exported; (b) clearance to enter- (i) ship reporting areas; (ii) port fairways; (iii) channels; and (iv) locks or other restricted traffic areas; “temporary admission” means the customs procedure under which certain goods are- (a) brought into a Mainland Tanzania’s customs 6 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) relieved, conditionally territory totally or partially, from payment of import duties and import taxes and without application of prohibitions economic character; restrictions of or (b) imported for a specific purpose and are intended for re-exportation within a specified period and without having undergone any change except normal depreciation owing to the use made of them; “postal item” means correspondence and other object tendered to be carried by a ship for carriage by postal administration and intended for delivery to postal administration in the ship port of call; “freight container” means an article of transport equipment that is of a permanent character and strong enough to be suitable for repeated use and specially designed to facilitate the transport of goods, by one or other modes of transport, and approved in accordance with the International Convention for Safe Containers of 1972: “ship store” means goods for use in the ship, including consumable goods, goods carried for sale to passenger and crew member, fuel and lubricant, excluding ship equipment and ship spare part; “appropriate authority” means any Government institution, within or outside Mainland Tanzania, or its authorised officer with the responsibility to enforce certain written law; “port authority” has the meaning ascribed to it under the Merchant Shipping Act; “crew effects” means clothing, items in everyday use and other articles, which may include currency belonging to the crew and carried on the ship; “cruiser ship” means a ship on an international voyage in a group carrying passengers participating programme and accommodated on board for scheduled tourist visit at one or more different ports and which during a voyage does not- 7 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) (a) embark or disembark any other passengers; and (b) load or discharge any cargo; “crew member” means a person employed for duties on board during a voyage in the working or service of a ship and included in the crew list: “single window” means an electronic facility or its alternative in case of emergency, that allows parties involved in trade and transport to lodge standardised information and documents with a single-entry point to fulfil all import, export and transit related regulatory requirements; “passenger accompanied baggage” means a property including currency, carried by or for a passenger on the same ship, whether in his personal possession or not, so long as it is not carried under a contract of carriage of goods or other similar agreement; “FAL Convention” means the Convention on the Facilitation of International Maritime Traffic of 1965; “ship owner” means, in respect of a registered ship, the registered owner and includes a demise charterer, managing owner or managing agent excluding a shipping agent; “control tower” means a building at any port from which instructions are given to a ship or vessel when arriving or departing; “estimated time of arrival” means the time when a ship- (a) is expected to arrive at the pilot station serving a port; or (b) expects to enter a specific location in the port area, where port regulations apply; “shipper” has the meaning ascribed to it under the Act; “time of arrival” means the actual time when a ship first comes to rest, whether at anchor or at a dock, in a port; and “attempted stowaway” means a person who secretly is on a ship, or in a cargo which is subsequently loaded on the ship, without the consent of the ship owner or the master or any other responsible person, and who detected on board the ship before it has departed 8 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) from the port; “port terminal operator” means a body corporate which performs any duty as a landing contractor, agent or lessee carrying out the functions of port operations in the port terminal; “stowaway” means a person who secretly is on a ship or in cargo which is loaded on the ship, without the consent of the ship owner or the master or any other responsible person and who is detected on board the ship after it has departed from a port or in the cargo while unloading it in the port of arrival and is reported as a stowaway by the master to the appropriate authorised officer; “cargo” means goods, wares, merchandise and articles of every kind carried on a ship, other than mail, ships store, ships spare parts, ships equipment, cargo transport units not carried under a contract of carriage with a shipper, crew effects and passenger accompanied baggage; “master” includes every person, except a pilot, having command or charge of a ship, seaplane, or other craft when it is on or in close proximity to the water; “flag State” means the State under whose laws the vessel is the is considered licensed and registered and nationality of such vessel; “document” means information presented by electronic or non-electronic; “manifest” shall have the meaning ascribed to it under the Act; “transport document” means information evidencing a contract of carriage between a ship owner and a shipper, including a sea waybill, a bill of lading or a multi-modal transport document. “shore leave” means a permission for a crew to be ashore during the ship stay in port within such geographical or time limits, if any, as may be decided by the authorised officer; “Act” means the Tanzania Shipping Agencies Act; “Corporation” means the Tanzania Shipping Agencies 9 Cap. 415 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) Corporation established under the Act; “customs clearance” means the accomplishment of customs or other formalities necessary to permit- (a) goods to enter for home use, exportation or placement under other clearance procedures; (b) a person to enter Mainland Tanzania; or (c) a ship to enter or depart a port within Mainland Tanzania; “ship equipment” means an article, other than ship spare parts, on board a ship for use on the ship, which are removable but not of a consumable nature, including lifeboat, life-saving devices, furniture, ship apparel and similar item; “ship spare part” means an article of a repair or replacement nature for incorporation into the ship in which it is carried; “shipping agent” has the meaning ascribed to it under the Act; PART II ADMINISTRATION 4. The Corporation shall be responsible for- (a) implementation of an electronic maritime single window system with a view to facilitating the electronic exchange of information; (b) providing necessary information as required by the system for use by the ship owners and other stakeholders concerned; (c) ensuring that on the arrival, stay and departure of the ship, the ship owner, handling company, seaport and cargo agent put in place an electronic system for data exchange with maritime electronic single window system in conformity with- (i) the United Nations electronic data interchange for administration, commerce and transport; or (ii) other internationally agreed standards for 10 Roles of Corporation Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) facilitating clearance process. Risk managemen t 5. In facilitating the legitimate circulation of persons and goods, an authorised officer shall use risk management to enhance the border control procedures related to- (a) the release or clearance of cargo; (b) security requirements; and (c) ability to target smuggling. PART III PROCEDURES FOR ARRIVAL, STAY AND DEPARTURE OF SHIP Required documents for arrival, stay or departure of ships 6.-(1) An authorised officer shall not require for its retention, on arrival or departure of a ship to which these Regulations apply, any document other than documents set out under these Regulations. (2) Notwithstanding subregulation (1), the following documents shall be as prescribed in other written laws: (a) Universal Postal Convention for Mail; (b) Maritime Declaration of health; (c) Security related information as required under International regulation XI-2/9.2.2 of Convention on Safety of Life at Sea of 1974; (d) advance electronic cargo information for customs the risk assessment purposes; (e) advanced notification form for waste delivery to port reception facilities when communicated to the IMO; and (f) any other relevant documents. (3) An authorised officer shall re-use the pre- arrival, in arrival, pre- departure and departure subsequent procedures when such data are required information Pre-arrival of ship 7. On pre-arrival of a ship, a shipping agent shall- (a) receive from a master, ship particulars, ship’s schedule, cargo details and other shipping documents and instructions related to a ship call; (b) prepare disbursement estimates based on ship particulars, cargo information and any other 11 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) instructions; (c) dispatch to principal disbursement estimate and collect funds remittance; (d) declare ship’s arrival information and expected date of arrival of the ship to terminal operators and other authorities as follows: (i) port terminal operators declare the ship particulars and arrival information in the Maritime Single Window; (ii) subsequent updates on ships arrival dates are provided daily; (iii) customs access ship arrival information through Maritime Single Window; (iv) other relevant authorities get information through Maritime Single Window; and (v) other parties including miscellaneous port service providers and ship chandlers receive direct communication; (e) attends daily port operations planning and pre- ship arrival brief meetings; (f) regularly updates the Immigration Department, Port Health and other public authorities on ship’s expected time of arrival through Maritime Single Window; and (g) liaises with the port authority and port miscellaneous for cargo service providers handling and provision of miscellaneous services. Arrival of ship 8.-(1) A master shall report the ship’s arrival at outer anchorage to the control tower. (2) Upon arrival of the ship, the shipping agent shall- (a) submit the following documents to the Maritime Single Window: (i) maritime declaration of health; (ii) crew or passenger list with immigration documents; (iii) bonded store list; (iv) crew or passenger personal effects list; (v) copy of last port clearance documents; 12 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) tonnage Certificate; (vi) (vii) clearance papers from previous port which are required by customs; (viii) vaccination list; and (ix) port of call list. (b) engage the port health officer for boarding a ship for the purpose of conducting health inspection; (c) collect from the master a ship register; (d) not the ship until the first sling leave discharged; is (e) in consultation with the master, fill in the vessel arrival report, submit it to the principal and declare it in the Maritime Single Window; (f) in consultation with port authority, confirm berthing time and place; and (g) ensure that the parties required to start ship’s operations are in place which include: (i) unlashing gangs; (ii) stevedores; (iii) tallying staff; and (iv) necessary equipment. (3) The port health officer shall- (a) grant pratique by radio to a cruise ship when, on the basis of information received from the master or shipping agent prior to ship arrival, the port health officer of the intended port of arrival is of the opinion that ship’s arrival does not result in the introduction or spread of a quarantinable disease; (b) inspect to establish if the ship and those on board are free of infectious diseases and no threat to the nation’s health; (c) issue free pratique with or without conditions; (d) if not satisfied, put the ship under quarantine or imposes sanitary measures upon the ship. (4) The customs officer shall- (a) inspect goods to determine which items are liable for duties and fills in: (i) General Declaration Form; 13 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) Cap. 403 (ii) Ship’s Stores Declaration Form; and (iii) Crew Effects Declaration Form; (b) seal dutiable goods in bond locker on board upon arrival and permit limited amount as per the Customs (Management and Tariff) Act. (5) The immigration officer shall inspect passport or seafarer’s identity documents and provide crew with shore passes. (6) The port authority shall- (a) inspect the ship for compliance with ISPS Code for Port security; (b) in the execution of inward clearance of the ship, for the master from verify identification and control; documents Restriction for requirement of certain information (c) lodge the inward ship handling report into the Maritime Single Window. 9.-(1) An authorised officer shall not require the submission of a separate General Declaration, cargo declaration, crew list, passenger list and dangerous goods manifest where in such documents are included in the pre-arrival or pre-departure information or in the ship's manifest. the data elements contained (2) An authorised officer shall, for the submission of advance electronic cargo information for customs risk assessment purposes, accept the submitted information- (a) twenty-four hours after loading at the port of departure, in case of containerised cargo; and (b) twenty-four hours before arrival at the first port in the country of destination, in case of bulk or break bulk. General Declaration 10-(1) A master, shipping agent or any authorised person shall, on arrival and departure of a ship, submit to the authorised officer five copies of General Declaration Forms as set out in the Schedule. (2) The General Declaration Form referred to under subregulation (1) shall be dated and signed or authenticated by the master, the shipping agent or other person authorised 14 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) in an internationally acceptable manner. Cargo Declaration 11.-(1) A master, shipping agent or authorised person shall, on arrival and departure of a ship, submit four copies of the Cargo Declaration form as set out in the Schedule: Provided that, (a) particulars of any dangerous cargo shall be furnished in separate manifests; and (b) brief details of the minimum essential items of information shall be furnished to the authorised officer in respect of cargo remaining on board. (2) The Cargo Declaration form referred to under subregulation (1) shall be accepted by an authorised officer if it is dated and signed or authenticated by the master, shipping agent or other authorised person. (3) An authorised officer may accept in place of the Cargo Declaration a copy of the manifest, if it contains the information required under subregulation (1). (4) An authorised officer shall allow un-manifested parcels in possession of the master to be omitted from the Cargo Declaration if particulars of parcels are furnished separately. Ship’s Stores Declaration 12. A master, shipping agent or authorised person shall submit four copies on arrival and three copies on departure, of a Ship’s Store Declaration form set out in the Schedule. Crew’s Effects Declaration 13. A master, shipping agent or authorised person shall on arrival and departure of a ship, submit two copies of the Crew’s Effects Declaration set out in the Schedule. Crew List Passenger List 14. A master, shipping agent or authorised person shall submit four copies on arrival and two copies on departure of a ship the Crew List form set out in the Schedule. 15. A master, shipping agent or authorised person 15 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) shall submit four copies on arrival and two copies on departure of ship, the Passenger List form set out in the Schedule. Dangerous Goods Manifest 16. A master, shipping agent or an authorised person shall on arrival and departure of ship submit one copy of the Dangerous Goods Manifest set out in the Schedule. Submission of Declaration of postal items 17. A master, shipping agent or duly authorised person shall on arrival or departure of the ship submit to the authorised officer a written Declaration in respect of postal items other than those prescribed in the Universal Postal Convention: Provided that, such a document, in the absence of the postal objects, shall be shown in the cargo declaration. Maritime Health Declaration 18. A master, shipping agent or authorised person shall submit to the authorised officer a Maritime Declaration of Health containing the data required by port health authority relating to the state of health on board a ship during the voyage and on arrival at a port. Submission of documents 19. Where a master, shipping agent or authorised person is required to submit a document under these Regulations, the document may be either in electronic or in paper form and in legible English language. Correction of errors 20.-(1) Where errors are discovered in a document before the document is fully checked, a master, shipping agent or authorised person shall be allowed to make corrections of such errors without charges. (2) Where a master, shipping agent or duly authorised person is allowed to correct errors after the document is fully checked, such person shall pay charges for such corrections according to relevant written laws. Stay of ship 21. When the ship is at the port- (a) the shipping agent in consultation with the master may request for; 16 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) (i) (ii) (iii) (iv) fresh water; bunkering and hand over the request to authorised bunkering company; provision of foodstuffs and hands over the request ship chandling company; general supplies or services and hand over the request to appointed supplier; licensed to (b) the shipping agent shall- (i) (ii) receive a written request from master for repairing or immobilising the engine or other ship machineries; receive permission the ports authority to repair or immobilize engine or ship machineries upon receipt of a request from master; from (iii) receive a written request for permission to lower ship’s lifeboats from master; (iv) receive a written request from master for permission to lower the ship’s lifeboat from the ports authority; receive a written request from master for permission to remove garbage on board ship; (v) (vi) receive a written request from the master for permission to remove garbage on board ship from the ports authority; (vii) receive a written request from the master for permission to remove sludge on board ship; (viii) appoint a licensed company for removal of sludge; (ix) attend to such problems including damage to port facilities, pollution, accidents, stowaway on board, cargo damage, cargo cargo causing problems, stevedore disputes as per agreement with or directive from the ship owner on behalf of the ship owner; dangerous pollution, 17 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) (x) when required and in consultation with the master, fill the medical attention; (xi) appoint an authorised health facility for crew shall be treatment where extended; Pre- departure of ship shall- (xii) fill in a document for embarkation and disembarkation of ship’s crew; and (xiii) prepare a statement of facts if required and share it with other parties. 22. Before departure of the ship, the shipping agent (a) clear customs through Maritime Single Window; (b) submit Cargo Stowage or Bay Plan through Maritime Single Window; (c) collect interim bills from the port authority; (d) verify and pays interim bills to the port authority; (e) obtains outward Port Clearance Form from the ports authority; (f) in consultation with the master fill a document as shall be ascribed by the Corporation for Ship Departure; (g) ensure all documents for the supply of goods and services rendered to the ship are signed by the master; (h) return back the ship register to the master; and (i) ensure the master fills in a document as shall be prescribed by the Corporation for the timesheet in case of tanker ships, indicating the sequence and time used for discharging liquid bulk cargoes. Departure of ship 23. Before departure of the ship: (a) the port authority shall be required to- (i) prepare and upload sailing information into Maritime Single Window; and (ii) ensure safe departure of the ship; (b) the shipping agent shall- (i) share the uploaded sailing information with the principal, and in case of tanker ship, shares 18 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) time sheet; (ii) keep proper records and documents involved in handling the respective ship’s call for future use by other departments. PART IV PROCEDURES FOR ARRIVAL, STAY AND DEPARTURE OF IMPORT AND EXPORT CARGO AND OTHER ARTICLES Arrival, stay and departure of cargo and other articles 24. The port authority, in cooperation with ship owners and port terminal operators, shall- (a) take appropriate measures to ensure that vessel turnaround time is kept to a minimum; (b) make arrangements whereby cargo ships and their loads can be entered and cleared, in so far as may be practicable, at the ship working area; (c) ensure that so traffic flow arrangements are that handling and clearance and smooth cargo is provided procedures uncomplicated; and for (d) ensure that physical inspections are carried out simultaneously at one place and with a minimal delay and whenever relevant, in coordination with the consignment. the party having custody of Arrival of import cargo 25.-(1) Upon arrival of the import cargo, the Corporation shall receive cargo and freighted manifest from the principal and disseminate the same to the shipping agents through Maritime Single Window. (2) The shipping agent shall- (a) examine the manifests from ports of loading if they meet standard requirements of relevant authorities; (b) lodge cargo manifest to relevant public authorities through Maritime Single Window; (c) receive Custom Discharge Declaration approval 19 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) that provides Manifest Reference Number and Cargo Reference Number; (d) insert expected date of arrival of the ship in Maritime Single Window ready for use by other parties; (e) notify cargo receiver or his agent about the expected arrival of cargo prior to ship arrival; and (f) dispatch Dangerous Goods Manifest and Stowage or Bay Plan to terminal operators and the Corporation through Maritime Single Window. (3) The shipping agent may- (a) receive request for manifest amendment from port of loading; and (b) apply for manifest amendment approval from Customs through Maritime Single Window and shall share the same with the Corporation. (4) Customs for amendments and may approve with or without penalty such amendments or reject. scrutinise application shall (5) The shipping agent shall receive payment assessment note from Customs for payment of amendment fees, penalty if applicable or both. (6) The clearing and forwarding agent shall- (a) receive shipping documents relevant from importer; (b) verify import shipping documents; (c) classify goods as per customs tariff book; (d) prepare other Government Departments for certification as per cargo requirement; (e) execute the following: (i) declaration of the cargo through Maritime Single Window makes; (ii) payment of relevant taxes and duties as per customs approved assessment; (iii) arrangement for physical verification; (iv) process of other Government Departments and customs release order; (v) arrangement Government of payment Departments, of other shipping 20 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) agency, terminals or dry port charges; (vi) process of shipping agency delivery order; (vii) process of terminal or dry port clearance; (viii) process port cargo delivery; (ix) arrangement of cargo insurance, if necessary; and (x) arrangement of transport and delivery of cargo to consignee. Arrival of export cargo 26.-(1) Upon arrival of export cargo- (a) the clearing and forwarding agent shall- (i) receive relevant export shipping documents from the exporter; and (ii) verify export shipping documents; (iii) classify goods as per customs tariff book; and (iv) declare cargo through Maritime Single Window. (b) the shipping agent shall receive cargo booking application from the shipper electronically and issues the Shipping Order; (2) In case of containerised cargo- (a) the shipping agent through Maritime Single Window, shall- (i) allocate empty containers for stuffing to shipper; (ii) share container allocation advice with details of number or quantity and type of containers to respective empty container depots; (iii) allocate required number of container seals to shipper and record seals allocated; and (iv) send a copy of shipping order to the Corporation; (b) the Customs agent shall- (i) arrange for placement of empty container for stuffing and shipping line seals; (ii) coordinate and attend cargo stuffing; and (iii) arrange Customs verification and sealing of container; (c) the shipping agent shall- 21 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) (i) receive stuffing the Corporation and verify against Shipping Order; tally sheets from (ii) make loading Declaration to Customs through Maritime Single Window for generation of Loading List upon approval by Customs; (iii) upload loading list into Maritime Single Window for use by other parties; (iv) receive loading declaration number and sends to Shipper for processing export loading permit; (v) receive loading permission from Customs through Maritime Single Window; and (vi) send the loading permission to shipper electronically to enable shipper proceed with delivery of export cargo to the Terminal; (d) the clearing and forwarding agent shall- (i) process and pay terminal and dry port charges; (ii) arrange for delivery of cargo to the port terminal; (iii) send final loading list to port terminal, shipping agent and the Corporation; and (iv) coordinate and obtain Gross Mass Certificate. Stay of import cargo 27.-(1) During stay of import cargo, the shipping agent shall- (a) receive original bill of lading from clearing and forwarding agent; (b) check the following: (i) authenticity of the original bill of lading and if duly endorsed; and (ii) if freight and other charges due have been paid or are to be collected. (c) invoice and collect shipping line dues and local shipping agency charges. (2) The Customs shall issue customs release order to clearing and forwarding agent after payment of dues and taxes. 22 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) (3) The shipping agent shall issue delivery order to a lawful party and uploads into Maritime Single Window a copy of delivery order to respective terminal or Inland Container Depot operator. (4) In case of release of cargo without original bill of lading under bank guarantee, a particular bank uploads into Maritime Single Window for use by other parties. Stay of export cargo Clearance of cargo 28. During stay of export cargo, the shipping agent- (a) may attend shipper’s request for export delivery extension as per port terminal procedure; (b) shall receive Gross Mass Certificate from the shipper; and (c) shall verify correctness and authenticity of Gross Mass Certificate and submit the Gross Mass Certificate copy through Maritime Single Window to port terminal. 29. An authorised officer shall- (a) grant priority to the clearance of live animals, perishable goods and other consignments of an urgent nature in accordance with relevant written laws; (b) in collaboration with the appropriate authority, take all necessary measures to permit practical, safe and reliable storage of goods at the port in order to protect the quality of goods awaiting clearance; (c) facilitate the temporary admission of specialised cargo handling equipment arriving by ships and used on shore at ports of call for loading, unloading and handling cargo; (d) release goods on provision of the minimum information necessary to identify the goods, to accurately identify and assess risk as it relates to concerns such as health, safety and security and permit the subsequent completion of the final goods declaration; and (e) clear goods at the declarant’s premises or another 23 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) Cargo not discharged at port of intended destination Limitation of ship owners’ responsibili ties place authorised by the authorised officer in accordance with other written laws. 30.-(1) Where a cargo listed on the cargo Declaration is not discharged at the port of the intended destination, an authorised officer shall permit amendment of the cargo declaration without imposing penalties if he is satisfied that the cargo was not loaded on the ship, or, if loaded, was landed at another port. (2) Where there is an error or valid reason to satisfy that the cargo was discharged at a port other than the port of intended destination, the authorised officer shall facilitate reloading or onward movement to its intended destination: Provided that, the provision of this regulation shall not apply to prohibited or restricted cargo. 31.-(1) An authorised officer shall not hold the ship inaccurate owner responsible for documents which are required to be presented by the importer or exporter in connection with the clearance of cargo, unless the ship owner is acting for, the importer or exporter. the presentation of (2) The ship owner shall be obliged to provide the information regarding the entry or exit of goods known to the ship owner at the time of lodging such data and as set out in the transport document that evidences the bill of lading. (3) The ship owner may rely on the data lodged by a shipper unless the ship owner has reason to believe that the data provided is untrue, incorrect or inaccurate. Departure of import cargo 32.-(1) During departure of import cargo, the following shall be done: (a) consignee or clearing and forwarding agent shall book and pay for cargo verification to port terminal or inland container depot; (b) port terminal operator or inland container depot shall place the cargo to designated verification area; (c) Customs and other relevant public authorities 24 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) shall conduct verification exercise in presence of consignee or clearing and forwarding agent; and (d) clearing and forwarding agent shall allocate vehicle for carrying the cargo. (2) Terminal operator or inland container depot shall- (a) issue gate pass to clearing and forwarding agent; and (b) load the cargo on the vehicle or rail wagon for delivery. (3) Terminal operator or inland container depot and Customs shall verify cargo, vehicle or rail wagon and driver identity at the gate through Maritime Single Window before permitting exit. (4) Terminal operator or inland container depot allows exit of the loaded vehicle or rail wagon. Departure of export cargo 33.-(1) Before departure of export cargo- (a) the shipping agent shall receive- (i) loading confirmation from Customs through terminal Maritime Single Window after confirming loading on board after carry in; (ii) mate’s receipt and loading tally sheets from report message the Corporation; (iii) electronic data interchange of container from discharge/loading terminal through Maritime Single Window confirming container loading on board ship; (iv) cargo stowage plan or bay plan in the electronic data interchange bayplan including empties message through from Maritime Single Window; and terminal (v) bill of lading instructions from shipper and verify the same as per principal’s standard instructions. (b) the shipping agent shall- (i) confirm bill of lading details based on mate’s receipt or loading confirmation from port terminal; (ii) send draft bill of lading to shipper for 25 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) confirmation; (iii) prepare bill of lading in accordance with principal instructions; (v) (iv) issue invoice and collect shipping line dues and local shipping agency charges from the shipper; issue bill of lading to shipper with number of originals and copies as requested by shipper; (vi) prepare and freighted manifest covering all bills of lading issued; cargo manifest export [ (vii) send cargo manifest and stowage plan or bayplan electronically to respective port of discharge or transshipment and to the principal; (viii) send shipping documents stowage plan or bay plan Corporation; and including the to (ix) send freighted manifest to the Corporation through Maritime Single Window for regulatory purposes. PART V PROCEDURES FOR ARRIVAL AND DEPARTURE OF PERSONS Procedure for arrival of passenger and crew 34. A master or ship owner shall take all appropriate measures to expedite arrival procedures for passengers and crew including to- (a) furnish an authorised officer concerned with an advance message give the best estimated time of arrival and any information as to any change in time; (b) state the itinerary of the voyage where this may affect inspection requirements; (c) have ship's documents ready for prompt review; (d) provide for ladders or other means of boarding to be rigged while the ship is en route to berth or anchorage; and 26 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) (e) provide for prompt, orderly assembling and presentation of persons on board, with necessary documents, for inspection, with attention to arrange for relieving a crew member for this purpose from essential duties in engine-rooms and elsewhere. Arrival of ship crew 35.-(1) Upon arrival of the ship crew, the shipping agent shall- (a) verify validity of travel documents of crew in consultation with master and the principal; and list into Maritime Single Window for use by Immigration Department, Port Health and other public authorities. (b) upload the crew (2) Where the shipping agent receives instruction from principal on crew change, he shall share the same with other parties through Maritime Single Window. (3) When the ship is alongside- (a) Port Health officer shall board the ship to examine health conditions of the crew and grant free pratique as appropriate; and (b) Immigration officer shall board the ship to examine immigration status of the crew and issue shore pass as appropriate. Arrival of passengers 36. Upon arrival of passenger- (a) a shipping agent shall- (i) receive passenger manifest principal or master; from the (ii) declare the ship with summary details of passengers into Maritime Single Window for use by port terminal and other public authorities; (iii) in consultation with the master, ensure passenger fills in traveller surveillance form before arrival; (iv) examine the passenger manifest to ensure Immigration the manifest meets requirements; 27 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) (v) upload passengers manifest in Maritime Single Window for use by Immigration, Port health, Customs and other public authorities; (vi) ensure the passenger fills in form on arrival of the ship for immigration status; from (vii) receive, through maritime single window, Immigration confirmation Department and Port Health on the appropriateness of the manifest details for each passenger; and the master in maritime (viii) ensure fills declaration of health form. (b) a Port Health Officer shall- (i) examine health condition of passengers; (ii) issue free pratique as appropriate; and (iii) allow passengers to disembark from the ship using safe and secure ways; (c) an Immigration officer shall- (i) examine immigration status of passengers; (ii) permit entry in accordance with immigration laws; and (iii) hand over inadmissible passenger to port security officer for temporary custody or for further action while immigration processes continue uninterrupted. (d) a port authority shall provide order of disembarkation which ensures safety for people with special needs including elderly and persons with disability; (e) a Customs officer shall perform Customs inspections of passenger’s accompanied baggage; and (f) a port security officer shall ensure each admissible passenger exits the port area within through necessary reasonable security checks. time passing Inspection 37.-(1) Upon arrival or departure of a ship, a 28 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) and handing back of passport and official document of identity passenger shall be required to produce a valid passport or official document of identity to the authorised officer for the purpose of verification or identification in connection with immigration, customs and other formalities. (2) An authorised officer and shipping agent shall cooperate where need arise, to establish the validity and authenticity of a passport and visa. (3) Upon inspection of a passport or official document of identity under subregulation (1), the authorised officer shall hand back such document immediately, unless there is an obstacle to the admission of a passenger into Mainland Tanzania. Forged, falsified or counterfeite d travel document 38. Where an authorised officer discovers that a travel document presented by a passenger is forged, falsified or counterfeited, the officer shall seize and surrender such document to the appropriate authority. Shipping agent obligation 39. The shipping agent shall be responsible for the custody and care of any passenger or crew, before accepted for examination as to admissibility into Mainland Tanzania. Inadmissibl e person 40.-(1) Where a person is found to be inadmissible into Mainland Tanzania, the authorised officer shall, without unreasonable delay, inform the shipping agent regarding the arrangements for removal. (2) The ship owner and shipping agent shall be responsible for the costs of stay and removal of an inadmissible person. (3) Where a person is transferred back to the custody of the ship owner, the ship owner and shipping agent shall be responsible for effecting prompt removal of the person to the country of embarkation or any other place where the person is admissible. Embarkatio n and disembarkat ion card 41. Embarkation and disembarkation card shall contain information as provided by the authorised officer according to these Regulations. 29 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) Acceptance of certificate of vaccination Medical examinatio n 42.-(1) Where evidence of vaccination against diseases internationally declared as pandemic is required from a person on board a ship, an authorised officer shall accept the International Certificate of Vaccination as provided for under the International Health Regulations or other relevant written laws. (2) Subject to subregulation (1), in absence of such certificate, the authorised officer shall cause the passenger to undertake vaccination or re-vaccination in the manner provided for under the International Health Regulations. 43.-(1) An authorised officer shall cause a medical examination to be performed to a person on board or disembarking from a ship arriving from an area infected with the quarantinable disease within the incubation period of the disease concerned as stated in the International Health Regulations. (2) Subject to subregulation (1), additional medical examination may be required in accordance with the International Health Regulations. Customs inspection and waiver 44.-(1) The authorised officer shall perform customs inspection of inbound passengers' accompanied baggage on a sampling or selective basis. (2) Without prejudice to the appropriate security the authorised officer may waive physical accompanied baggage of departing measures, inspections of passengers. Acceptance of Seafarer Identity Document GN. No. 162 of 2023 GN. No. 45.-(1) A passport or an identity document issued in accordance with relevant International Labour Organisation Conventions and the Merchant Shipping (Seafarers’ Identity Document) Regulations, or a valid and duly recognised seafarer's identity document, shall be the basic document providing an authorised officer with information relating to the individual member of the crew on arrival or departure of a ship. (2) The Seafarer Identity Document shall contain the information provided under the relevant International Labour 30 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) 162 of 2023 Organisation Convention and the Merchant Shipping (Seafarers’ Identity Document) Regulations. Seafarer to enter or leave country 46. Where it is necessary for a seafarer to enter or leave a country as a passenger by any means of transport for the purpose of- Duty to facilitate clearance of passengers, crew and baggage GN. No. 213 of 2004 (a) joining his ship or transferring to another ship; or (b) passing in transit to join his ship in another country, repatriation or any other purpose approved by the appropriate authority of the country concerned, the authorised officer shall, where such document guarantees the readmission of the bearer to the country which issued the document, accept in place of a passport the valid seafarer's identity document. 47.-(1) A port terminal operator shall maintain port traffic flow for passengers, crew and baggage efficiently in compliance with performance indicators and benchmarks set by the Corporation. (2) A port terminal operator shall provide passenger shelter during waiting, checking and embarking or disembarking of passenger passage between the ship and the point where the passenger and crew check is to be made. (3) A port terminal operator shall put in place security measures in compliance with the International Ship Port Facility Security Code and Merchant Shipping (Ship and Port Facility Security) Regulations. (4) For the purpose of facilitating clearance of passenger, crew and baggage, a port terminal operator shall put in place- (a) system which permits passengers to identify and obtain their checked baggage as soon as they are placed in an area where they may be claimed; and (b) facilities and services to meet the needs of elderly and disabled passengers. Special facilities for elderly and 48. A port terminal operator shall provide special facilities clearly marked with appropriate signs and access 31 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) people with special needs Grant of pratique to cruise ship or passenger ship Passengers in transit routes with free obstacles to allow safe embarkation and disembarkation for elderly and people with special needs. 49.-(1) An authorised officer, after being satisfied with the pre-arrival information that its arrival does not result in the introduction or spread of quarantinable disease, the shall electronically grant a pratique to a cruise ship or passenger ship. (2) The Corporation, in consultation with an authorised officer shall not grant temporary a pratique for more than seventy-two hours to a cruise passenger to stay at any port without visa, except where there are special circumstances as may be determined by the authorised officer. (3) Where a cruise ship calls consecutively at more than one port, passengers shall be examined by authorised officer at the first port of arrival and the final port of departure. (4) A cruise passenger shall not be required to provide a written declaration and security for his personal effects unless the personal effects involve articles of high amount of customs duties, other taxes and charges. 50.-(1) Save for extraordinary circumstances as may be determined by an authorised officer, a passenger in transit who remains on board ship on which he arrived and departs with it shall not be subjected to routine control by the authorised officer. (2) Subject to subregulation (1), an authorised officer shall allow a passenger in transit to retain his passport or other identity document. (3) Authorised officer shall not require a passenger in transit who remains on board the ship to complete a disembarkation or embarkation card. to relevant (4) Subject immigration rules and procedures, an authorised officer may grant temporary permission to a passenger in transit who is continuing his journey from the same port in the same ship to go ashore during the ship stay in port, if the passenger so wishes. 32 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) Ship engaged in scientific services Shore leave (5) An authorised officer shall not require a passenger in transit who continues his journey from the same port in the same ship to give a written Customs Declaration. 51. The Corporation shall ensure that the personnel of a ship engaged in scientific services certainly engaged on the ship for such scientific purposes of the voyage are granted facilities at least as favourable as those granted to the crew members of that ship. 52.-(1) Where the formalities on arrival of the ship are fulfilled and where the authorised officer has no reason to refuse a crew member to come ashore, such a crew member shall not be discriminated on the grounds of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the flag State of the ship on which he is employed, engaged or work. (2) In case permission for shore leave referred under sub-regulation (1) is refused, the authorized officer shall communicate the reasons for shore leave denial to the seafarer concerned and the master in writing. (3) For the purpose of this regulation, a crew member shall not be required to hold a visa. Departure of ship crew 53.-(1) Upon ship departure- (a) a Health Officer may examine health condition of the departing crew and issue health clearance as appropriate; shall (b) an Immigration examine officer immigration status of the departing crew and issue immigration clearance as appropriate; and (c) a Port Health officer ensure that any inspections, surveys or other visit to the ship are coordinated with the ship for compliance with pandemics regulations during arrival of any seafarers for embarkation. Departure of passengers 54. Upon departure of passengers- (a) a shipping agent or ship owner shall- 33 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) (i) issue ticket to a passenger after examining and being satisfied with travel and immigration documents; and (ii) submit passenger manifest through Maritime Single Window for use by port terminal operator, Immigration Department and other public authorities; (b) a port security officer shall perform security checks on passengers entering port facility; (c) a passenger shall fill in a document as prescribed by the Corporation prior to departure of the ship for exit; and (d) an Immigration officer shall- (i) examine immigration status of the passengers; (ii) permit exit in accordance with immigration laws; and (iii) hand back to a master an inadmissible passenger, if any, for transportation to another port of call of the ship’s itinerary or port of embarkation and if the ship has sailed the inadmissible passenger is repatriated under costs of the ship owner through local shipping agent; (e) a master shall allow passengers to embark using safe and secure ways; (f) port authority shall provide order of embarkation which ensures safety for people with special needs including elderly and persons with disability; and (g) a port health officer shall ensure that any inspections, surveys or other visits to the ship are coordinated with the ship for compliance with pandemics regulations during arrival of any passengers for embarkation. 34 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) PART VI PROCEDURES FOR HANDLING OF STOWAWAYS Handling of stowaways 55.-(1) A master shall- (a) submit to the port authority a formal plan for ship, preventing including to- (i) keep the number of access points to a stowaways boarding the minimum and ensure they are secure; (ii) lock doors, hatches and means of access to the ship whilst in port; (iii) secure areas seawards; (iv) keep adequate deck watch for watch keeping; (v) maintain adequate lighting at night, both inside and along the hull; (vi) tally embarkations and disembarkations sheets; and (vii) maintain adequate means of communication. (b) undertake stowaway search upon departure from ports where there is a high risk of stowaways; and (c) allow an immigration department, relevant public authorities and shipping agent to boards the ship for disembarking and repatriation process of the stowaway; (2) A port authority shall ensure prevention of stowaways by complying with ISPS Code including to- (a) undertake patrols of port areas; (b) establish a secure storage area for types of cargo which may serve as hiding places for stowaways; (c) monitor persons and cargo entering the port area; and (d) make arrangements for identifying authorised personnel from stevedoring companies. (3) In case of stowaway is found on board- (a) the master shall the shipping agent of the first planned port of call for further action with details; immediately report to (b) the shipping agent shall notify the immigration 35 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) department and other relevant public authorities of the first planned port of call, ship owner and flag state on the presence of the stowaway; (c) a master shall ensure stowaway is not permitted to work on board ship, except in emergency situation or the stowaway’s in relation accommodation and provisioning on board; to (4) In case a ship has to deviate planned route for whatever reason- (a) a shipping agent shall apply for approval of dockage from relevant public authorities to whose port the ship deviates for disembarkation of the stowaway; and (b) a shipping agent shall notify immigration department and other relevant public authorities of the arrival of the ship with stowaway on board; (5) Where a stowaway declares himself to be a refugee, a master shall treat his information confidential to the extent necessary for the security of the stowaway. 56. An authorised officer in collaboration with shipping agent and master shall prevent stowaway incident and resolve a case expeditiously to secure an early return or repatriation of the stowaway to avoid situations where stowaway may stay on board ship for an unreasonable time. 57.-(1) A port terminal operator shall take measure to ensure that security infrastructure, operational and to arrangements for preventing a person attempting stowaway on board ship from gaining access to port installations and ships are established in the port. (2) Subject to sub-regulation (1), operational arrangements and port facility security plans shall be equivalent to those contained in the relevant text of section B/16 of the ISPS Code and the Merchant Shipping (Ship and Port Facility Security) Regulations. Prevention of stowaway incident Preventive measures of port terminal operator against stowaway GN. No. 213 of 2004 Ship security arrangemen 58.-(1) A ship owner, master and shipping agent shall put in place security arrangements to prevent and detect 36 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) ts GN. No. 213 of 2004 Treatment of stowaway on board Interrogatio n and notification by master Notification to Internationa l Maritime Organizatio n intending stowaways from getting aboard the ship. (2) For the purpose of subregulation (1), where there is risk of stowaway embarkation, operational arrangements and ship security plans shall be equivalent to those contained in the relevant text of paragraph B/9 of the ISPS Code and the Merchant Shipping (Ship and Port Facility Security) Regulations. 59.-(1) A stowaway incident shall be dealt in consistent with humanitarian principles including those these mentioned under Regulations, the FAL Convention and Provided that, while dealing with stowaway incident, due consideration shall be given to the operational safety of the ship, safety and wellbeing of the stowaway. (2) A master operating a Tanzania ship shall take appropriate measures to ensure the security, general health, welfare and safety of the stowaway while on board including to prove him with adequate provisioning, accommodation, proper medical attention and sanitary facilities. 60.-(1) A master shall take steps to establish the identity including nationality of the stowaway and port of embarkation and notify the existence of the stowaway along with relevant details to the authorised officer of the first planned port of call. (2) When gathering relevant details for notification, the master shall use a Stowaway Interrogation form as set out in the Schedule. (3) A master operating a ship shall ensure that when a stowaway declares to be a refugee, the information provided under subregulation (2) is treated as confidential to the extent necessary for the security of the stowaway. 61. The Corporation shall annually report on stowaway incidents to the Secretary General of the IMO through- (a) the Global Integrated Shipping Information System; or 37 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) (b) other means as may be directed by IMO from time to time. Deviation from planned route 62. The owner of a Tanzanian ship shall instruct his master not to deviate from the planned voyage to seek the disembarkation of a stowaway discovered on board after it has left the territorial waters of the country where the stowaway embarked, unless- (a) repatriation has been arranged elsewhere with sufficient documentation and permission for disembarkation; (b) there are extenuating safety, security, health or compassionate reasons; or (c) attempts to disembark in other ports on the planned voyage have failed and deviation is necessary in order to avoid that the stowaway remain on board for a significant period of time. Disembarka tion and return of stowaway 63. Where a ship first scheduled port of call after discovery of a stowaway is a Tanzanian Port, the authorised officer shall- (a) decide in accordance with other written laws whether in stowaway cooperation with other relevant parties and appropriate authority to resolve the issue; admissible the is is in possession of valid (b) allow disembarkation of the stowaway, when the stowaway travel documents for return and satisfied that timely arrangements have been or shall be made for repatriation and the requisites for transit fulfilled; (c) allow disembarkation of the stowaway when satisfied that the ship owner or shipping agent may obtain valid travel documents, make timely arrangements for repatriation of the stowaway and fulfil all the requisites for transit; and (d) allow disembarkation of the stowaway, when it is impracticable for the stowaway to remain on the ship or other factors exist that shall preclude the stowaway from remaining on the ship, including- 38 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) (i) unresolved case at the time of sailing of the ship; or (ii) the presence of the stowaway on board which may endanger the safe operation of the ship, the health of the crew or the stowaway. Nationality or right of residence 64.-(1) An authorised officer shall, in accordance with other written laws, accept the return of stowaway- Admissibili ty of inadmissibl e stowaways (a) with nationality status; or (b) who has a right of residence in accordance with other written laws. (2) Subject to subregulation (1), the authorised officer shall, when possible, assist in determining the identity and nationality of stowaways claiming to be a national or having a right of residence. 65.-(1) When the authorised officer has established to his satisfaction that the stowaway has embarked a ship in a Mainland Tanzanian port shall accept for examination of such stowaway being returned from point of disembarkation after having been found inadmissible there. (2) Subject to subregulation (1), the authorised officer shall not return such stowaways to the country where earlier found to be inadmissible. (3) Where it is established to his satisfaction that the attempted stowaway has embarked a ship in a Mainland Tanzanian port, the authorised officer shall accept disembarkation of attempted stowaway found on board while it is still in territorial waters, Provided that, no penalty or charge in respect of detention or removal costs shall be imposed on the ship owner. (4) Where an attempted stowaway on board Tanzanian ship has not been disembarked at the port of in embarkation, he shall be accordance with these Regulations. treated as a stowaway Identifying 66. The Corporation shall cooperate with the master 39 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) and removal of stowaway and ship owner or authorised officer of the appropriate authority at port of call to- (a) identify the stowaway and determine his nationality; and (b) make arrangements repatriation of the stowaway. for the removal or Return of stowaway Cost of return and maintenanc e of stowaway 67.-(1) The authorised officer shall facilitate return of a stowaway in accordance with these Regulations, other written laws and security requirements. (2) Subject to subregulation (1), an authorised officer shall contact the relevant authorised officer at transit points during the return of a stowaway in order to inform on relevant information in relation to the stowaway. (3) Stowaway on transit shall be allowed subject to visa requirements and national security concerns, to transit through ports and airports when travelling under the removal instructions or directions of the country of the port of disembarkation. (4) Where disembarkation of a stowaway is denied, the flag State of the ship carrying the stowaway shall be notified on the reasons for refusing disembarkation. 68. Where a ship owner is responsible to cover the costs of return and maintenance of stowaway, the authorised officer shall- (a) inform the ship owner on whose ship the stowaway was found, the cost of detention, return and any additional costs for the documentation of the stowaway; (b) cooperate with the ship owner to keep such costs minimum as far as practicable; (c) consider mitigation of penalties against a ship where a master of the ship has properly declared the existence of a stowaway on arrival and has shown that all reasonable preventive measures had been taken to prevent stowaways from gaining access to the ship; and (d) consider mitigation of other charges that might 40 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) Handling a ship call on emergency otherwise be applicable, when a master has cooperated with the authorised officer to his satisfaction in measures designed to prevent the transportation of stowaway. PROCEDURES FOR EMERGENCY SHIP CALL PART VII 69.-(1) Where ship calls due to an emergency- (a) a master shall notify the ports authority of an emergency including- (i) disaster relief work; (ii) rescue of persons in distress at sea; (iii) combating or prevention of marine pollution; and (iv) medical attention. (b) the port authority shall- (i) designate a proper area to attend such ship calling for emergency; and (ii) engage relevant authorised officer and furnish such authorities with sufficient details of the emergency. (2) The relevant authorised officer shall give priority to facilitate the emergencies of the ship other than berthing the ship or road for safe disembarkation. (3) A port authority shall establish communication channel with operations of disembarking persons if necessary. the ship calling the master reliable to facilitate for emergency and Notification for emergency ship call on medical attention 70.-(1) A master, shipping agent or authorised person shall notify the authorised officer when ship intends to call at port for the purpose of putting ashore sick or injured crew members, passengers, persons rescued at sea or other persons for emergency medical treatment with the fullest possible details of the sickness or injury and of the identity of the persons. (2) For the authorised officer shall, by the fastest channels available, the purpose of subregulation (1), 41 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) Priority for berthing Facilitation during emergency Declaration s for emergency call Precedence and measures for protection of public health Emergency medical treatment inform the master, shipping agent or authorised person before the arrival of the ship, of the documentation and the procedures necessary to put the sick or injured persons ashore expeditiously and to clear the ship without delay. 71. Where a ship is calling at a port and intending to leave immediately, the authorized officer shall give priority for berthing where the state of the sick person or the sea conditions do not allow a safe disembarkation in the roads or port approaches. 72. The relevant authorised officer shall facilitate the arrival and departure of a ship engaged in- (a) disaster relief work; (b) rescue of person in distress at sea; (c) combating marine pollution; and (d) other emergency operations designated to enhance maritime safety. 73. A ship calling at port for the purpose of putting ashore sick or injured person, shall submit to the authorised officer a Maritime Declaration of Health and General Declaration. 74 Where an authorised officer applies control measures related to the arrival of a ship prior to sick or injured person being put ashore, emergency medical treatment and measures for the protection of public health shall take precedence over control measures. 75.-(1) Costs of removal, repatriation of the person concerned or emergency medical treatment shall not be withheld or delayed by the reason of a guarantee or undertaking when required. treatment, eventual (2) Subject to the provision of subregulation (1), the the emergency medical protection of public health shall take precedence over any control measures which the authorised officer may apply to a sick or injured person being put ashore. treatment and measures for 42 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) Emergency assistance 76.-(1) An authorised officer shall facilitate the arrival and departure of a ship engaged in- (a) disaster relief work; (b) the combating or prevention of marine pollution; or (c) other emergency operations designated to enhance- (i) maritime safety; (ii) safety of life at sea; (iii) state of the population; or (iv) protection of the marine environment. shall- (2) Subject to subregulation (1), an authorised officer (a) facilitate the entry and clearance of persons, cargo, material and equipment; and (b) grant prompt customs clearance of specialized security implement to equipment needed measures. PART VIII OFFENCES AND PENALTIES Offences and penalties 77. A person who fails to comply with the provisions of these Regulations commits an offence and on conviction shall be liable to a fine of not less than twenty million shillings, but not exceeding forty million shillings or to imprisonment for a term of not less than two years but not exceeding five years or to both. PART IX GENERAL PROVISIONS Services at port 78.-(1) Where sufficient notice of the estimated time of arrival or departure is given, an authorised officer shall adopt all practicable measures to organise the normal services at ports in order to avoid unnecessary delay of a ship after its arrival or where ready to depart and reduce the time for completion of formalities to a minimum. 43 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) (2) Where the volume of traffic at a port warrant, the authorised officer shall ensure that services are provided for the accomplishment of the formalities in respect of cargo and baggage, regardless of value or type. Security to cover liabilities 79. A ship owner shall set a single comprehensive bond or other forms of security with relevant public authorities the customs, immigration, public health, agricultural quarantine laws or any other relevant laws before berthing or departure. liabilities under to cover Sufficient notice to reduce time for formalities 80. A shipping agent shall ensure sufficient notice of estimated time of ship arrival or departure is provided to time for completion of authorised officer formalities for arrival or departure. to reduce Complaints handling GN No. 338 of 2018 81. A person who is aggrieved by the decision made under these Regulations may apply to the Corporation for review, in accordance with the Tanzania Shipping Agencies (Complaints Handling) Regulations. 44 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) ___________ SCHEDULE ____________ (Made under regulations 10(1), 11(1), 12, 13, 14, 15, 16 and 60(2)) FORM 1 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF TRANSPORT TANZANIA SHIPPING AGENCIES CORPORATION TASAC GENERAL DECLARATION FORM Arrival Departure 1.1 Name and Type of Ship 1.3 Call Sign 1.2 IMO Number 1.4 Voyage Number 2. Port of Arrival/Departure 3. Date and Time of Arrival/Departure 4. Flag State of Ship 5. Name of master 6. Last Port of Call/Next Port of Call 7. Certificate of Registry (Port; Date; Number) 9. Gross Tonnage 10. Net Tonnage 8. Name and Contact Details of Ship's Agent 11. Brief Particulars of Voyage (Previous and Subsequent Ports of Call; Underline Where Remaining Cargo Will Be Discharged) 12. Brief Description of the Cargo 13. Number of Crew 14. Number of Passengers 15. Remarks 45 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) Attached Documents (Indicate Number of Copies) 16. Cargo Declaration 18. Crew List 17. Ship's Stores Declaration 19. Passenger List 20. The Ship's Requirements in Terms of Waste and Residue Reception Facilities 21. Crew's Effects Declaration (Only on Arrival) 22. Maritime Declaration of Health (Only on Arrival) ……………………………… Date …………………………………………… Signature by Master, Authorized Agent or Officer 46 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) FOR OFFICIAL USE: THE UNITED REPUBLIC OF TANZANIA MINISTRY OF TRANSPORT TANZANIA SHIPPING AGENCIES CORPORATION TASAC CARGO DECLARATION FORM Arriva l Departu re Page Number 1.1 Name of Ship 1.2 IMO Number 1.3 Voyage Number 2. Port Where Report is Made 3. Flag State of Ship 4. Name of master 5. Port of Loading/Port of Discharge B/L NO.* 6. Marks and Numbers 7. Number and Kind of 9. Measurement 8. Gross Weight Packages; Description Goods, Available, Code of If or, the HS ……………………………………………… ………………………… Date Signature byMaster, Authorised Agent or Officer * Transport document number. Also state original ports of shipment in respect to goods shipped on multimodal transport document or through bills of lading. ________________________________________________________________________ 47 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) FORM 3 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF TRANSPORT TANZANIA SHIPPING AGENCIES CORPORATION TASAC SHIP'S STORES DECLARATION FORM Arrival Departure Page Number 1.1 Name of Ship 1.2 IMO Number 1.3 Call Sign 1.4 Voyage Number 2. Port of Arrival/Departure 3. Date of Arrival/Departure 4. Flag State of Ship 5. Last Port of Call/Next Port of Call 6. Number of Persons on Board 7. Period of Stay 8. Name of Article 9. Quantity 10. Location on Board 11. Official Use ……………………………….. Date …………………………………………………. Signature by Master, Authorized Agent or Officer 48 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) FORM 4 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF TRANSPORT TANZANIA SHIPPING AGENCIES CORPORATION TASAC CREW'S EFFECTS DECLARATION FORM Page Number 1.1 Name of Ship 1.2 IMO Number 1.3 Call Sign 1.4 Voyage Number 2. Flag State of Ship 3. No. 4. Family Name, 5. Given Names 6. Rank or Rating 7. Effects Ineligible for Relief from Customs Duties and Taxes or Subject to Prohibitions or Restrictions* 8. Signature ……………………………………. Date …………………………………………………….. Signature by master, Authorized Agent or Officer * e.g. wines, spirits, cigarettes, tobacco, etc. 49 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) THE UNITED REPUBLIC OF TANZANIA MINISTRY OF TRANSPORT TANZANIA SHIPPING AGENCIES CORPORATION TASAC FORM 5 CREW LIST FORM Arrival Departure Page Number 1.1 Name of Ship 2. Port of Arrival/Departure 1.2 IMO Number 3. Date of Arrival/Departur e 1.3 Call Sig n 4. Flag State of Ship 1.4 Voyage Number 5. Last Port of Call 6. No. 7. Family Name 8 Given Names 10 Natio nality 11. Date of Birth 9 Rank or Ratin g 16. Issuing State of Identity Document 13. Gen der 12 Pla ce of Birt h 14. Natur e of Identit y Docu ment 15. Num ber of Ident ity Docu ment 17. Expir y Date of Identi ty Docu ment ………………………………………….. Date …………………………………………… ……………………. Signature by Master, Authorized Agent or Officer Circular Letter No. 3554 Annex, page 41 https://edocs.imo.org/Final Documents/English/CIRCULAR LETTER NO. 3554 (E).doc 50 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) FORM 6 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF TRANSPORT TANZANIA SHIPPING AGENCIES CORPORATION TASAC PASSENGER LIST FORM Arrival Departu Page Number re 1.1 Name of Ship 1.2 IMO Number 1.3 Call Sign 1.4 Voyage Number 2. Port of Arrival/Departure 7. Natio nality 5. Fam ily Na me 6. Giv en Na mes 8. Date of Birth 9. Plac e of Birt h 10. Gende r 11. Type of Identit y or Travel Docu ment 4. Flag State of Ship 14. Expiry Date of Identity or Travel Docume nt 15. Port of Emb arkat ion 16 Visa Num ber If Appr opriat e 17. Por t of Dis em bar kati on 18. Trans it Passe nger or Not 3. Date of Arrival/Depart ure 12. Serial Num ber of Identi ty or Trave l Docu ment 13. Issuing State of Identity or Travel Docum ent ………………………………. Date ………………………………………………………. Signature by Master, Authorised Agent or Officer 51 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) FORM 7 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF TRANSPORT TANZANIA SHIPPING AGENCIES CORPORATION TASAC DANGEROUS GOODS MANIFEST FORM (As required by SOLAS 74, Chapter VII, regulation 4.5 and 7-2.2, MARPOL 73/78, Annex III, Regulation 4.3 and Chapter 5.4, paragraph 5.4.3.1 of the IMDG Code) 1.1 Name of Ship: 2. Flag State of Ship: 1.2 IMO Number: 1.3 Call Sign: 1.4 Voyage Number: 4. Transp ort Docum ent No. (B/L#) 5. Shippe r (SH), Consig nee (CO), Title Holder (TH) 6. Marks & Numbe rs (MN), Contai ner No(s) (CN), Vehicl e Reg. No(s) (VN) 3. Port of Loading or Port of Discharge: 3. Port of Loading or Port of Discharge: 11. Marine Polluta nt 12. Mass (kg) Gross/ Net 13. Stowag e Positio n on board 18. Port of Discha rge or Port of Loadin g 9. Packin g Group 7. Numbe r and Kind of Packag es 8. Proper Shippi ng Name UN No. 10. Class (CL), Subsidi ary Risk(s) (SR), 13. Flashp oint (in ºC,c.c.) (FP), 14. EmS (ES) 19．Additional information 20.1 master’s Name & master's Signature: (Signature not needed for electronic message) Shipping Agent's 21.1 Signature:(Signature not needed for electronic message) Agent & 20.2 Place and Date (of Signature or Dispatch of electronic message) 21.2 Place and Date (of Signature or Dispatch of electronic message) 52 Tanzania Shipping Agencies (Facilitation of Maritime Traffic) GN. No. 416 (Contd) FORM 8 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF TRANSPORT TANZANIA SHIPPING AGENCIES CORPORATION TASAC STOWAWAY INTERROGATION FORM Stowaway photography Ship Details Page Number 1.1 Name of Ship 1.3 Port of Registry 1.5 Flag State of Ship Agent in next port Stowaway details 1. Date & Time found on board 3. Country of boarding 5. Date and Time of boarding 7. Reason for boarding the ship 9. Given name 11.Place of Birth 13.Claimed nationality 15. Home Address 17. Id Number 19. When issued 21. Expiry date 23.Spoken 25. Written 27.General physical descriptions ……………………………… Stowaway signature & Date 1.2 IMO Number: 1.4 Company name and address 1.6 Name of the master 2. Place of boarding 4. Place of boarding 6. intended final destination 8. Surname 10. Gander 12. Date of Birth 14. Country of domicile 16. ID type 18. Where issued 20. Issued by 22. First language 24. Read 26. Other language …………………………………………………….. Signature & Stamp by Master, Authorised Agent or Officer Dodoma, 22nd May, 2024 MAKAME M. MBARAWA Minister for Transport 53