With the development of Information and Communication Technology (ICT) and the rapid growth of the digital world, importation, installation and operation of electronic equipment such as Voice Over Internet Protocol (VOIP), SIM BOX to mention but few is inevitable. Although there is a massive importation, installation and operation of these electronic equipment, importers and users are unaware of the underlying legal compliance framework. Consequently, they often found themselves in the courtroom charged with various non-compliance offences which normally graduates into economic offences.

On the basis of the foregoing premise, we find it prudent to highlight the key legal issues which importers, distributers and users should consider during importation, distribution, selling, installation and operation of electronic equipment; –

• No importation without a license: According to section 116(3) (c) of the Electronic and Postal Communication Act, 2010, any person who import electronic equipment must obtain the license to do so from Tanzania Communication and Regulatory Authority (TCRA). It is a punishable offence to import that equipment without a licence. If convicted one is liable to pay fine of not less than 5,000,000/= (five million) Tanzanian shillings or imprisonment for a term not less than 12 (twelve) months or to both.

• No distribution or sale without a licence: A person who is distributing or selling electronic equipment is required to obtain a licence to that effect. Distributing or selling this equipment without a licence is a punishable offence under section 116(3) (c) of the Electronic and Postal Communication Act, 2010.  If convicted, one is liable to pay a fine of not less than 5,000,000/= (five million) Tanzanian shillings or imprisonment for a term not less than 12 (twelve months) or to both.

• No installation without a licence: Similarly, installation of the electronic equipment requires a licence. Installation of electronic equipment without a licence is an offence under section 116(3) (c) of the Electronic and Postal Communication Act, 2010. If convicted, one is liable to pay a fine of not less than 5,000,000 /= (five million) Tanzanian shillings or imprisonment for a term not less than 12 (twelve) months or both.

• Equipment approval before use: Any equipment to be used for connection to any electronic communications network for the purpose of receiving and, or transmitting electronic communication signals must obtain a prior approval of the Tanzania Communication and Regulatory Authority (TCRA). This is according to section 83(1) of the Electronic and Postal Communications Act, 2010. Failure to do so is an offence as provided under section 152(1) of the Electronic and Postal Communications Act, 2010.If convicted one is liable to pay a fine of not less than 5,000,000/= (five million) Tanzanian shillings or to imprisonment term not less than 12 (twelve) months or both.

It is therefore, very important for the importers, distributers and users to observe the mandatory legal requirements in order to avoid landing into trouble with the law enforcers.  Technically, the above offences may result into other subsequent and associated serious offences such as: –

• Leading organized crime; Since the equipment are not manufactured in Tanzania, the law presupposes an existence of the organized scheme to transport, install and operate such equipment without a license. The offence of leading organized crime is provided under paragraph (1) (a) of the First Schedule to the Economic and Organized Crime Control Act, , [Cap.200 R.E 2019] read together with sections 57(1) and 60(2) of the same Act.

• Fraudulent use of network facilities; This is provided under section 122(a) of the Electronic and Postal Communications Act, 2010 read together with Regulations 7(1) (2(a) & (b) of the Electronic and Postal Communications (Telecommunications Traffic Monitoring System) Regulations, 2013. Taking into account the fact that importation, distribution, sell or installation of the equipment was illegal, .it follows thereafter that their uses are fraudulent and illegal contrary to the aforesaid provisions.

• Occasioning loss to a specified authority; This is contrary to paragraph 10(10 of the First Schedule to the Economic and Organized Crime Control Act, [Cap.200 R.E 2002]. Since no license was issued and consequently no Government fees or charges were paid as a result of importation, distribution, sell or installation of those equipment, the importer, distributor, seller or installer is deemed to have occasioned loss to the specified authority, to wit, Tanzania Communications and Regulatory Authority (TCRA).

In view of the foregoing, it suffices to state at this end that demand of massive electronic equipment should not be taken for granted. There are number of legal requirements which must be satisfied. As stated earlier above, trivial omission may subject individual into serious offences including economic offences.

Operation, importation and installation of electronic devices and machinery is a complex and technical process area which needs the highest expertise and diligence. Victory Attorneys & Consultants are experts on ICT laws and regulations. We have guided various clients on, ICT, Telecommunication and Electronic