Eugene Mniwasa

The Government of Tanzania has recently underscored the need for the country to ready itself for the normalization of the use of virtual currencies. Regulation will be necessary to enable their efficient administration of the virtual currency use and transactions. This article explores the use and regulation of virtual currencies in Tanzania. The article demonstrates that the emerging evidence indicates that virtual currencies are in use in Tanzania. The extent of the use of these digital currencies is uncertain. It is possible that virtual currencies are used licitly. There is a potential risk that virtual currencies can be used as vehicles for the commission of financial crimes. The law in Tanzania does not recognize virtual currencies as the legal tender, securities, assets, or investments. The virtual currency use and transactions are outside the purview of Tanzania's law. There is neither statebased regulation nor self-regulation that specifically regulates virtual currencies in Tanzania. The authorities have issued notices to warn the public against the use and engaging in transactions that involve virtual currencies. Regulation of virtual currencies is a complex matter that requires authorities in Tanzania to explore several policy and regulatory options. The article recommends that the authorities are required to reform policy, legal and institutional frameworks in order to address gaps and limitations in the existing frameworks. The authorities should set up robust regime to regulate virtual currencies in Tanzania.

This article examines issues concerning regulation of virtual currencies around the world and highlights some lessons that Tanzania can learn in the process of setting up the regime for regulating virtual currencies. The article shows that the revolution in financial technologies, which forms part of the 4 th Industrial Revolution, has resulted in, among other things, the invention of virtual currencies. There has been the proliferation of virtual currencies both in industrialized nations and developing countries. Authorities and regulators around the world are pondering over setting up mechanisms to regulate virtual currencies. It is apparent that regulating virtual currencies-and other aspects of financial technologies-is a complex matter that involves cross-cutting issues that should be considered. The article recommends that authorities in Tanzania should carefully consider and integrate all those matters in order to come up with the framework for regulating virtual currencies.

Purpose This paper aims to explore the role of the financial intelligence unit in Tanzania in fighting against money laundering and its predicate offences, examine its potential in controlling the problem and describe factors that undermine its efficacy. Design/methodology/approach The doctrinal research approach is used to analyse Tanzania’s anti-money laundering law and appraise its effectiveness in facilitating operations of the financial intelligence unit in fighting against money laundering and its predicate offences. The law-in-context approach is applied to interrogate the anti-money laundering law and describe non-law factors that impinge on the efficiency of Tanzania’s financial intelligence unit. Findings The law vests the financial intelligence unit with powers to perform a number of functions that are significant in fighting against money laundering and its predicate offences in Tanzania. The unit has been instrumental in curbing money laundering. The efficacy of this an...

Decentralization is commonly viewed as the transfer of legal and political authority from the central government and its agencies to the field organizations and institutions. This review analyzes the process, institutional and legal framework within which the environmental and natural resources management operates in Tanzania. It specifically focuses on the decentralization within central and local governments' role in environmental management. The focus of the study is to examine how the interface between the centre and local loci of power have affected pieces of legislation relating to management of the environment by central and local governments in Tanzania.

Consumer protection in Tanzania is a phenomenon associated with the operation of markets. There are also non-market issues that concern or are involved in consumer protection. Law is one of the instruments for protecting rights of consumers of goods. The law provides for the rights of consumers and mechanisms for their protection. This article uncovers that law in Tanzania, which has evolved for many decades, that establishes legal and institutional frameworks for protecting rights of consumers of goods. It demonstrates that the law has inadequacies and the institutions have limitations that undermine their efficacy in safeguarding rights of consumers of goods. The article describes several factors that undermine the capacity of consumers of goods in Tanzania to protect and realise their rights. This unsatisfactory situation calls for reforms of the country‘s consumer protection legal and institutional frameworks. The article proposes some measures that can be implemented to invigor...

The banker’s duty of confidentiality to its customers, which is founded on the contract between banks and their customers, is one of the pillars governing the banker-customer relationship in Tanzania. The banks have the obligation to keep information concerning their customers’ affairs confidential. The law permits the duty of confidentiality to be lifted in certain specific situations including where information related to customers’ transactions is required to prevent or control unlawful activities such as money laundering, terrorism, drug trafficking and corruption or to facilitate the conduct of legal proceedings in courts. This article argues that the legal compulsion to disclose affairs of a bank customer in Tanzania is moving to the direction that undermines banking confidentiality. There is a need for the government of Tanzania to reform the law in order to establish a legal framework that strikes a balance between the need to protect legitimate interests of customers of ban...

Extracted from text ... 1 CHAPTER 1 THE INFRASTRUCTURE TO DETECT AND CONTROL MONEY LAUNDERING AND TERRORIST FUNDING IN NAMIBIA Ray Hemington Goba Long before the tragic events that shook the world on 11 September 2001, the international community foresaw that the growth of international terrorism would be underpinned by the development of organised networks supported by reliable and enduring funding structures. With the development of reliable communications, including easier means of travel and electronic communications and use of the internet, the movement of money within and without territorial boundaries now requires no more than a telephone call to a recorded message or the ..

Purpose This paper aims to examine the authorities tasked to fight against money laundering in Tanzania and appraise the efficacy of the country’s anti-money institutional framework to tackle the problem. Design/methodology/approach The paper draws on a qualitative research and data generated from the analysis of documentary materials. It surveys the anti-money laundering (AML) law in Tanzania to describe the legal and institutional frameworks for tackling money laundering. It explores law-related and non-law aspects to interrogate and appraise the efficacy of Tanzania’s AML law and authorities. The qualitative data were generated using the thematic content analysis technique. Findings The law in Tanzania establishes authorities and vests them with powers to combat money laundering. The authorities, which are part of Tanzania’s AML institutional framework, have been instrumental in combating money laundering. Nevertheless, several law-related and non-law factors emasculate the effic...

Purpose This paper aims to explore the evolution of the law for combating economic crimes including money laundering in Tanzania and explore the current developments in the anti-money laundering (AML) law and the ongoing fight against these crimes in Tanzania. Design/methodology/approach A desk-based review of documents on money laundering and its control in Tanzania was conducted. The paper presents qualitative data from the documentary sources. It applies the doctrinal legal research approach to examine, analyze and describe the AML law applicable in Tanzania. The paper uses the “law-in-context” research approach to explore some non-law aspects of money laundering in Tanzania and interrogate how the law addresses non-law dimensions of money laundering. Policy documents and media reports were analyzed. The thematic data analysis technique was applied, which involved identifying, describing and reporting issues according to the themes emerging from the data. Findings The AML law in ...

Purpose This paper aims to examine the money laundering vulnerability of private legal practitioners in Tanzania, the involvement of these practitioners in money laundering activities and their role in preventing, detecting and thwarting money laundering and its predicate crimes. Design/methodology/approach The paper applies the “black-letter” law research approach to describe, examine and analyze the anti-money laundering law in Tanzania. It also uses the “law-in-context” research approach to interrogate the anti-money laundering law and to provide an understanding of factors impacting on the efficacy and readiness of private legal practitioners in Tanzania to tackle money laundering. The review of literature and analysis of statutory instruments and case law, reports of the anti-money laundering authorities and agencies and media reports-generated data are used in this paper. This information was complemented by data from interviews of purposively selected private legal practition...

Purpose This paper aims to examine how banks in Tanzania have been vulnerable to money laundering activities and how the banking institutions have been implicated in enabling or aiding the commission of money laundering offences, and highlights the banks’ failure or inability to prevent, detect and thwart money laundering committed through their financial systems. Design/methodology/approach The paper explores Tanzania’s anti-money laundering law and analyzes non-law factors that make the banks exposed to money laundering activities. It looks at law-related, political and economic circumstances that impinge on the banks’ efficacy to tackle money laundering offences committed through their systems. The data are sourced from policy documents, statutes, case law and literature from Tanzania and other jurisdictions. Findings Both law-related and non-law factors create an enabling environment for the commission of money laundering offences, and this exposes banks in Tanzania to money lau...

Purpose This paper aims to explore the evolution of the law for combating economic crimes including money laundering in Tanzania and explore the current developments in the anti-money laundering (AML) law and the ongoing fight against these crimes in Tanzania. Design/methodology/approach A desk-based review of documents on money laundering and its control in Tanzania was conducted. The paper presents qualitative data from the documentary sources. It applies the doctrinal legal research approach to examine, analyze and describe the AML law applicable in Tanzania. The paper uses the “law-in-context” research approach to explore some non-law aspects of money laundering in Tanzania and interrogate how the law addresses non-law dimensions of money laundering. Policy documents and media reports were analyzed. The thematic data analysis technique was applied, which involved identifying, describing and reporting issues according to the themes emerging from the data. Findings The AML law in ...

Purpose-This paper aims to explore the role of the financial intelligence unit in Tanzania in fighting against money laundering and its predicate offences, examine its potential in controlling the problem and describe factors that undermine its efficacy. Design/methodology/approach-The doctrinal research approach is used to analyse Tanzania's anti-money laundering law and appraise its effectiveness in facilitating operations of the financial intelligence unit in fighting against money laundering and its predicate offences. The law-in-context approach is applied to interrogate the anti-money laundering law and describe non-law factors that impinge on the efficiency of Tanzania's financial intelligence unit. Findings-The law vests the financial intelligence unit with powers to perform a number of functions that are significant in fighting against money laundering and its predicate offences in Tanzania. The unit has been instrumental in curbing money laundering. The efficacy of this anti-money laundering agency, which is at its infancy stage, is emasculated by law-related, institutional and non-law factors. These factors undercut the potency of the agency. Practical implications-There is a need for Tanzania to undertake policy, legislative and institutional reforms to augment the efficacy of the financial intelligence unit. The reforms should be implemented concurrently with other measures, which will enhance the country's anti-money money laundering regime. Originality/value-This paper applies the legal and non-law perspectives to evaluate the effectiveness of the financial intelligence unit as an essential component of Tanzania's anti-money laundering regime. It proposes law-related and non-law approaches to augment the efficiency of the unit and the country's anti-money laundering regime in general.

This article is based on a review of literature on resolution of disputes using the ombudsman schemes. It analyses the provisions of the Insurance Act of 2009 (hereinafter "the Insurance Act') and the Insurance Ombudsman Regulations of 2013 (hereinafter "the Insurance Regulations") that provide for the establishment, powers and the procedures applied by the Insurance Ombudsman to resolve disputes. It also integrates information from the respondents who were purposively selected to interrogate the law governing the operation of the Insurance Ombudsman Service and to appraise the potential of this forum in resolving insurance disputes.

Consumer protection in Tanzania is a phenomenon associated with the operation of markets. There are also non-market issues that concern or are involved in consumer protection. Law is one of the instruments for protecting rights of consumers of goods. The law provides for the rights of consumers and mechanisms for their protection. This article uncovers that law in Tanzania, which has evolved for many decades, that establishes legal and institutional frameworks for protecting rights of consumers of goods. It demonstrates that the law has inadequacies and the institutions have limitations that undermine their efficacy in safeguarding rights of consumers of goods. The article describes several factors that undermine the capacity of consumers of goods in Tanzania to protect and realise their rights. This unsatisfactory situation calls for reforms of the country's consumer protection legal and institutional frameworks. The article proposes some measures that can be implemented to invigorate the law-based consumer protection mechanisms in Tanzania.

The banker's duty of confidentiality to its customers, which is founded on the contract between banks and their customers, is one of the pillars governing the banker-customer relationship in Tanzania. The banks have the obligation to keep information concerning their customers' affairs confidential. The law permits the duty of confidentiality to be lifted in certain specific situations including where information related to customers' transactions is required to prevent or control unlawful activities such as money laundering, terrorism, drug trafficking and corruption or to facilitate the conduct of legal proceedings in courts. This article argues that the legal compulsion to disclose affairs of a bank customer in Tanzania is moving to the direction that undermines banking confidentiality. There is a need for the government of Tanzania to reform the law in order to establish a legal framework that strikes a balance between the need to protect legitimate interests of customers of banks and the necessity to fight against or curb unlawful activities committed through the use of banks.