The Tanzania Foreign Exchange Regulations, Government Notice No. 294 published on 13/5/2022 (the “Tanzania Foreign Exchange Regulations”) are creating quite some noise in Tanzania amongst traders and investors. Given the efforts that the government of Tanzania has been undertaking to lure foreign investors to Tanzania (#RoyalTour) and reassure them of a conducive and easy business environment, the regulations come as a surprise since they seem to somehow contradict some of these efforts. Tanzania, being a member of the International Monetary Fund (IMF), has the obligation under Article VIII of the International Monetary Fund Articles of Agreement to enable currency convertibility for current transactions—goods, services, travel, interest, and dividend payment and this is a condition of its membership of good standing. The Articles of Agreement remain silent with regards to obligations of Member States and capital accounts. While the Tanzania Foreign Exchange Regulations do not prohibit current account transactions, the government has added Non-Tariff Barriers (“NTB”) making it more bureaucratic and therefore dissuasive to engage in certain types of transactions. I am going to focus on three areas: investment, trade and regional integration and the implications on these areas that the Tanzania Foreign Exchange Regulations have. Foreign Direct Investment Foreign Direct Investment is expressly referred to in Regulation 24 (2) which prohibits Equity to Debt Swaps. Equity/Debt swaps are a type of financing whereby specified class shareholders are given the right to convert their stock for a pre-determined amount of debt in the same company. The conversion is usually into corporate bonds. While an investor gets the...
Tanzania: 2022 Foreign Exchange Regulations and what it means for traders, investors in EAC
Posted on: June 9, 2022
Posted on: June 9, 2022