March 5, 2020

REGULATORY AND COMPLIANCE UPDATE: WHAT YOU NEED TO KNOW ABOUT THE REQUIREMENT TO REGISTER SIM CARDS IN TANZANIA; THE IMPORT OF THE ELECTRONIC AND POSTAL COMMUNICATIONS (SIM CARD REGISTRATION) REGULATIONS, 2020

The mandatory obligation to register SIM cards in Tanzania;
Procedures of registering a SIM card, categories of registrants and different requirements for each category
Consequences of failure to register a SIM card in a manner prescribed in the Electronic and Postal Communications (SIM Cards Registration) Regulations, 2020;
Duties of the Licensees for Network Services and other telecommunication services agents
Limitations and controversies of the Regulations

1.0 Introduction:

The Tanzania Ministry of Works, Transport and Communication has recently issued the Electronic and Postal Communications (SIM Card Registration) Regulations, 2020 (hereinafter referred to as “the SIM Card Registration Regulations, 2020”) through Government Notice No. 112 published on 07^th February 2020.

This update from our Regulatory and Compliance Department at Breakthrough Attorneys provides a summary and simple analysis of provisions of the SIM card Registration Regulations, 2020.

2.0 The requirement for SIM cards registration in Tanzania

Essentially, the duty to register SIM cards in Tanzania was placed by the Electronic and Postal Communications Act, 2010 (“The Act”). Section 101 of the Act provides that, “A person who owns, possess, or controls a mobile telephone or detachable SIM card shall have a duty to register mobile telephone or detachable SIM card.”

Despite the above law being in place, enforcement was not achieved. To that end, the SIM Card Registration Regulations, 2020, made under the powers envisaged in Section 165 of the Act, came as a stepping-stone on the duty to register a SIM card and provides for procedures thereto. Regulation 4(1)(a) of the SIM Card Registration Regulations, 2020 underlines that any person who owns or intend to use a SIM card shall register such SIM card biometrically with the respective licensee, dealer, agent or authorised distributor.

3.0 Procedures for registering a SIM card, categories of registrants and different requirements for each category

SIM Card Registration Regulations, 2020 provides for procedures of registering SIM cards to different categories. According to Regulation 5 of the SIM Cards Registration Regulations, 2020, registration of SIM cards shall be done in the following manner:-

3.1 Individuals.

Individuals should register their SIM cards by presenting NIDA Identity or number to the service provider. On the other hand service providers shall conduct electronic fingerprint verification of an individual. Registered SIM cards shall bear the name of an individual as shown in the NIDA Identity.

3.2 Companies.

Companies should register their SIM cards by presenting Taxpayer Identification Number (TIN) Certificate, Business License and incorporation, compliance or registration Certificate to the service provider. Also, the company’s representative shall present to the service provider his or her NIDA Identity where by the service provider shall conduct electronic fingerprint verification of the company’s representative. A registered SIM card shall bear the name of the company.

3.3 Company employees.

Employees of Corporates should register their SIM cards by presenting the Company’s Taxpayer Identification Number (TIN) Certificate, Business License and incorporation, compliance or registration Certificate to the service provider. Also, a company employee who is entitled to use the SIM card shall present to the service provider his or her NIDA Identity where by the service provider shall conduct electronic fingerprint verification of the company’s employee. A registered SIM card shall bear the name of that registered employee.

3.4 Institutions.

These should register their SIM cards through an institution’s representative. The institution’s representative shall present to the service provider, an introduction letter of the respective institution. Also, representative of the institution shall present to the service provider his or her NIDA Identity where by the service provider shall conduct electronic fingerprint verification. A registered SIM card has to bear the name of the institution.

3.5 Minors.

Under age minors are also allowed to register their SIM cards. This can be done through the minors’ parents or guardians. The parent or guardian is required to present minor’s certified copy of birth certificate or adoption document or valid passport with valid visa (for foreigners) and minor portrait photo.

for a minor who is a national or foreigner, his parent or guardian are required to present NIDA identity and service provider shall conduct fingerprint verification of the parent or guardian with NIDA for biometric SIM Card registration;
for a minor who is a visitor, his parent or guardian are required to present a valid passport with valid visa and service provider shall conduct fingerprint verification of the parent or guardian with NIDA or Immigration Department for biometric SIM Card registration;
for a minor who is a diplomat, his parent or guardian are required to present a valid diplomatic passport and diplomatic ID for SIM Card registration; and
for a minor who is a refugee, his parent or guardian are required to present Refugees identity issued by NIDA and the service provider shall conduct fingerprint verification with NIDA for biometric SIM Card registration.

A registered SIM card shall bear the name of the minor. After attaining the majority age, the minor shall be required to re-register using his NIDA identity.

3.6 Visitors.

Temporary visitors to Tanzania are also covered under the Regulations. It is provided that visitors can register their SIM cards by presenting to the service provider their certified copies of valid passports with valid visa. For Visa exempt visitors a certified copy of valid passport will suffice. The respective service provider has a duty to conduct fingerprint verification of the parent or guardian of a visiting minor as per item 3.5 above. The registered SIM card shall bear the name of the visitor.

3.7 Foreigners and refugees.

Foreigners and refugees are to register their SIM cards by representing to the service provider their NIDA identity or number. On the other hand service providers shall conduct electronic fingerprint verification of an individual. Registered SIM cards shall bear the name of an individual as shown in the NIDA Identity.

3.8 Diplomats.

Diplomats are non-exempts from the regulatory compliance. They should register their SIM cards by representing to the service provider their certified copies of valid passport and valid diplomatic identity for SIM Card registration. Unlike other categories, for Diplomats, there will be no fingerprint taken during SIM Card registration of a diplomat.

3.9 Diplomatic institutions.

Diplomatic entities should register their SIM cards by representing to the service provider, introduction letters from the institution and from the Ministry responsible of foreign affairs. Representative of the diplomatic institution is required to present certified copies of valid passport and valid diplomatic identity for a batch of SIM Cards registration. No fingerprint shall be taken during SIM Card registration. Registered SIM Card shall bear the name of the diplomatic institution.

4.0 Consequences of failure to register a SIM card in a manner prescribed in the SIM Cards Registration Regulations, 2020

Failure to register a SIM card will lead to automatic blockage of the SIM card and the user will no longer be able to use such SIM card. Tanzania Communications Regulatory Authority (TCRA) as the main regulator of communications in Tanzania is authorised to block unregistered SIM cards or a registered SIM card whose registration was not in manner as prescribed by the SIM Cards Registration Regulations, 2020.

Moreover, where the person fails to register a SIM card accordingly or anyhow acts against any provision of the SIM Cards Registration Regulations, 2020 such act or omission is an offense and upon conviction, a person shall be liable to penalty.

5.0 Summary Licensees’ Duties under the Regulations

The Regulations have imposed various duties for both individuals and entities as users of SIM Card services. It is noteworthy that on the other side, sits licensees who provide network and telecommunication services to end-users. The provision of these services, including simply, registration of these SIM Cards, are highly regulated and cuts across the chain of licensee’s services to include licensees’ dealers, distributors and agents. We summarize here duties that licensees such as Vodacom, Tigo, Airtel and others are supposed to adhere to under the Regulations.

For licensees, they are under a duty to keep deactivated SIM Cards deactivated unless the requirements of the Regulations have been fulfilled.
Inspect distributors, dealers, or agents on monthly basis to ensure compliance to SIM Card registration requirements;
Filing of quarterly reports for verified agents, distributors and dealers for purposes of quality and fraud control;
To keep details of registrants;
Keep SIM swap information and file the same with TCRA;
Report any fraudulent activity which may occur in the process of SIM card registration.

6.0 Limitations and Controversies of the Regulations

Regulation 18(1) of the SIM Cards Registration Regulations, 2020 provides for the limitation of ownership of numbers of SIM cards. An individual person is required to register only one (1) SIM card for use on voice, short message and data services and not more than four (4) SIM cards for use on machine to machine communication. A company or an institution is required to register not more than thirty (30) SIM Cards for use on voice, short messaging and data services and not more than fifty (50) SIM Cards for use on machine to machine communication.

On the other hand Regulation 19 of the SIM Cards Registration Regulations, 2020 imposes an obligation to the licensee to notify each individual and companies which own more than the required number of SIM Cards with that same licensee, from the date of publication of the SIM Cards Registration Regulations, 2020 up to 30th June, 2020, to choose one (for individuals) or a required number (for companies and institutions) among the SIM Cards that shall remain active.

Breakthrough Attorneys’ Regulatory and Compliance Department’s interpretation of Regulations 18 and 19 of the SIM Cards Registration Regulations, 2020 is that, although the Regulations have allowed registration of more than one (1) SIM card for specified reasons (as elaborated under paragraph 5.1 above), the same restricts registration of SIM cards with the same licensee. For instance, although an individual person can register more than four (4) SIM cards for use on machine-to-machine communication; the same licensee shall not register these four SIM cards.

The mischief behind the restriction in this enactment is not known but the majority of the public has voiced their discontent with the limit. Most people have more than one SIM card for various purposes. These purposes do not need to be serviced by different licensees if an individual prefers services of a particular licensee. It has, to some, inclinations to the right to choose a supplier and service. Since the Regulations are still new, their implementation and enforcement is still on a delicate fresh road and more reviews are forthcoming. For clarity, as per the Regulations, the requirement to drop SIM Cards under one licensee except one is left open till June 2020.

Important Notice:

This publication has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, Breakthrough Attorneys, its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it.