Continued emphasis on Immigration Compliance
As per ERA’s previous newsflash, the following important compliance considerations must be noted:
- Of late, there has been numerous news reports showcasing the Tanzanian government’s crackdown on immigration non-compliance. ERA would therefore like to alert clients to the harsh consequences for non-compliance as per Section 9 of the Tanzanian Non-Citizen’s Employment Regulation Act 2015, which holds both the individual assignee and employer liable for any non-compliance in terms of work authorisation. Section 9(3) holds any person who has been convicted of such an offence liable for a fine of not less than 10 million shillings (+- $4500 USD) or to imprisonment for a term of not less than two years, or both.
- Employers are required to submit a biannual list in the form of a “Return of Non-Citizens” by 31 December this year. The Tanzanian Non-Citizen’s Employment Regulation Act requires this list to be submitted on a biannual basis and by 30 June and 31 December each year.
- All companies, including foreign companies, are required to ensure that they are legally and fully registered in accordance with the provisions of the Companies Act, 2002. The Tanzanian Business Registration and Licensing Agency (BRELA) issued a notice in September this year which was addressed to the general public, local government, ministries and government agencies, requesting all stakeholders entering into any business transaction with any company, to conduct due diligence in regard to the existence of the company. In this regard, the Immigration Department has requested additional corporate documents for applications. Such documents include details pertaining to shareholders, verification of tax clearance and compliance certificates.
- This also coincides with the introduction of additional corporate document requirements for Class A and B Residence Permit applications, which was introduced by the Immigration Department in August this year. The additional document requirements for a Class A and B Residence Permit Applications include the current status of shareholders from BRELA, the company’s Tax Clearance Certificate and Tax Payment Slips.
The Tanzanian government is placing a major emphasis on compliance as a whole. The government has become aggressive in pursuing compliance and immigration officials have started to patrol the country for any issues of non-compliance and random inspections are often conducted.
ERA would therefore like to advise all corporates to ensure compliance at all times and to seek professional immigration advice in this regard.