Operational and Legal Compliance For NGOs
March 07, 2021

1. Annual Report of NGO’s activities

Under Section 29 of the NGOs Act of 2002 as amended, NGOs are required to prepare a report of its activities and make it available to the Public, Council, Board and stakeholders in every Calendar year, which is 31stday of December.

NOTE: The Report is prepared and submitted under a prescribed NGO-A Form No. 10

2. Notification of change of Particulars

Pursuant to Section 33 of the NGOs Act, NGOs are required to notify to the Registrar of NGOs of any changes in particulars of NGOs.

These particulars can be name of the NGOs, name of the office bearers, and constitution of the NGOs.

The Notification must be accompanied by the resolution certified by the Officer Bearers and Copy of the Certificate of Registration/ Compliance.

Importantly, it is worth noting that the NGOs Act and Regulations as amended are silent on the timeline of notification of change of particulars. Nevertheless, in practice the notification is effected within 14 days from the date the resolution for change of particulars was passed.

NOTE: Notification is done through a prescribed NGO-A Form No. 9.

Disclosure of Fund Raising Activities (Statement of Fund/Resources raised by NGO)

Under Regulation 12 of the NGO Amendment Regulations of 2018, NGOs are required to disclose the following information to the Registrar, Board, Council, Public and other Stakeholders within 14 days from the date of fundraising activities:-

a. Sources of funds or resources obtained;

b. Expenditure of funds or resources obtained;

c. Purposes of fund or resources obtained, and

d. Activities to be carried from fund or resources obtained.

NOTE: Disclosure/statement is made through a prescribed Table of Statement of Fund annexed to the 2018 amendment regulations.

Submission of funding contracts or Agreements

Under regulation 13 (b) of NGO Regulations as amended in 2019, the NGO must submit to the Registrar the Contracts entered by NGO with Donors or persons who grants the fund not later than 10 days from the date of entering into the said contracts or agreements for approval.

NOTE: Submission of these Funding contracts or Agreements are made in a prescribed form.

Publication of Fund received and its expenditure

The NGO Regulations as amended in 2019 require NGOs to publish bi-annually the fund received and its expenditures in widely circulated newspapers and other media channels which are easily accessible by the targeted beneficiaries. This is applicable to funds that exceed 20 mil Tanzania Shillings.

Returns of non-citizen employees

In accordance with Section 16 of the Non-Citizens (Employment Regulation) Act of 2015, all businesses employing foreign nationals in Tanzania are required to submit a Return on Employment of Non-Citizens not later than the 30th day of June and the 31st day of December annually.

The Return on Employment of Non-Citizens must be in the prescribed format (Fifth Schedule to the Act). Among other things, it shall contain the company/organization details, total number of local and foreign employees, the number of foreign nationals currently employed, who left the company since the last return, and details of the persons who are succeeded by locals.

Returns to the Immigration

The Immigration Regulations provides that in any calendar year if an organization employs any person who is not a citizen of the United Republic, shall between the 1st day of January and the 31st day of March immediately following such year submit to the Director of Immigration Services, status of each foreign employees and names for employee who left employment before 1st day of December in such year.

Victory Attorneys & Consultants © 2022

Augustine Dominic Shio

Managing Partner

Augustine Dominic Shio is also known as Mr Shio is a highly sought-after and widely recognized criminal law expert with more than 30 years of experience advising and assisting corporations and individuals charged with white-collar crimes.

Overview

Before founding the firm Mr Shio held several positions in the public sector, he served as a Principal State Attorney at the Attorney General’s Chambers, Legal Advisor at the President’s Office (Commission for Enforcement of the Leadership Code), Director of Legal Services and Complaints at the Ministry of Home Affairs and retired as a Deputy Director of Public Prosecutions at the Directorate of the Public Prosecutions.

Mr Shio is a recipient of the Presidential Medal for his distinctive public services and ethics of the highest order. His distinguished aptitude in handling complex criminal cases, particularly money laundering, economic and organized crimes has enabled the firm to handle high profile criminal cases in Tanzania.

Practice Focus

As the firm’s head of the Financial & Organized Crimes Department, Mr Shio represents corporations and individuals in the telecoms, media & ICT, mining, oil & gas and banking sectors in high profile criminal cases. He has advised and prepared legal compliance models and for large scale agribusiness operators, public listed companies and securities dealers and brokers in line with sector-specific laws.

He possesses vast experience in advising multinational corporations on money laundering and tax evasion throughout the life span of their commercial transactions.

Mr Shio has represented clients in major plea bargaining negotiations at the office of the Director of Public Prosecutions. He is renowned for closing some of the best pleas deals in the country on behalf of many locals and expatriates charged with money laundering, economic and organized crimes and cybercrimes. Additionally, Mr Shio consults and assists criminally charged individuals to secure pre-trail and post-trial bail on serious criminal charges.

Education

Mr Shio holds a Bachelor’s Degree (LL.B Hons) from the University of Dar es Salaam, Certificate in Criminal Justice and Treatment of Offenders from the United Nations Institute (Fuchu, Japan). He is a certified criminal law expert in Money Laundering and Terrorism.

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