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TOURISM

TOURISM

The tourism sector in Tanzania is overseen and regulated by a dedicated government division. This division is advised by a Technical Advisory Committee, which provides expertise to the Minister responsible for tourism on various matters. These include the licensing, grading, and registration of tourism businesses and facilities, as well as broader tourism development strategies.


Role of the Director of Tourism

Heading the tourism division is the Director of Tourism. This individual is a key advisor to the government on all tourism-related issues and is responsible for ensuring that tourism activities are managed according to the established rules. The Director can also authorize other public officers to carry out some of their duties.


Functions of the Tourism Division

The tourism division has several important functions aimed at promoting and regulating the industry. These include facilitating the growth and marketing of tourism, encouraging the establishment of tourism facilities, and maintaining official lists (registers) of these facilities and activities. The division is also responsible for implementing rules for licensing tourism providers, setting quality standards, and promoting training for people working in the industry. Additionally, it supports tourism research, designs educational programs, investigates issues affecting the industry, manages tourism information, identifies new tourist attractions, and assesses investment proposals. The division also works to promote domestic tourism within Tanzania and takes legal action against those who break the rules.


Registration and Grading of Tourism Businesses

To operate legally in Tanzania, tourism facilities and activities must be registered. The Director of Tourism keeps and manages a register of different types of tourism businesses. Anyone operating or planning to operate a tourism business that needs to be registered or graded must apply to the Director for a certificate of registration using a specific form. This application needs to include relevant documents and information. There are also costs associated with the grading process.
Before registering or grading a tourism business, the Director arranges for an inspection to ensure that all necessary requirements are met. This includes considering reports from health officials and ensuring compliance with environmental laws, particularly regarding environmental impact assessments. Businesses that were registered before the current regulations came into effect do not need to re-register unless their previous registration was canceled.


Certificates and Public Information

Once a tourism business is registered or graded, the operator receives a certificate specifying its registration status and grade. If a business's registration or grade changes or is canceled, the operator must return the old certificate. The Director is required to publish a list of registered and graded tourism businesses annually, including details about their grades and standards.


Changes and Regrading

Operators of registered tourism facilities must notify the Director in writing if they plan to make significant additions or alterations that could affect their services or grading. They need to submit relevant plans and information within a specific timeframe before starting the work and inform the Director again upon completion. The Director may then decide to regrade the facility if there are sufficient reasons to do so. If a facility is regraded, the operator may need to apply for a new license.


Cancellation of Registration

The Director can cancel the registration of a tourism business if it fails to meet the required conditions, with the consent of the Minister. The operator is given a notice and a chance to explain why the registration should not be canceled. If the issues are not resolved and no good reason is given, the Minister can direct the Director to cancel the registration, and this cancellation is published. An operator whose registration is canceled can apply for re-registration under specific conditions.


Designated Tourism Facilities

The Minister, after consulting with the Director, can officially declare certain places or activities that provide amenities to tourists as "designated tourism facilities or activities." The owners or operators of these designated facilities may be required to meet specific conditions.


Tourism Licensing Board

A separate body, the Tanzania Tourism Licensing Board, is responsible for issuing licenses for tourism operations. This Board reviews license applications, issues licenses, and advises the Minister on licensing matters.


Appeals

An Appeals Authority exists to handle challenges against decisions made by the Tourism Licensing Board. Anyone unhappy with a Board decision can appeal to this authority within a set period. The Appeals Authority consists of a Chairman, a lawyer, and individuals with knowledge of tourism, including a representative from the private sector.


Licensing Requirements

Anyone who owns, operates, or provides services in a tourism facility must hold a license issued by the Board. These licenses are not transferable. Operating without the required license is an offense. The Board is the main authority for issuing all licenses under these regulations. Applications for new licenses or renewals are submitted to the Board's Secretary. The Board will issue a license if the applicant meets the requirements or refuse it with reasons if they do not.


Cancellation of Licenses

The Board can cancel a license if the holder is no longer qualified, has violated the regulations, or has failed to comply with license conditions. Before canceling, the Board must notify the license holder in writing, stating the reasons and allowing them to provide a response.


Guest Accommodation

Tourism facility operators are generally required to accept guests unless there is a valid reason to refuse. They can also request reasonable payment in advance for services.


Limitation of Liability

There are rules regarding the operator's responsibility for loss or damage to guests' property. Operators are generally not liable unless certain conditions are met, such as the property being stolen or damaged due to the operator's or their employee's actions, or if the property was deposited for safekeeping. Operators must display a notice informing guests about these limitations of liability.


Sale of Left Property

Operators have the right to sell property left at their facility by public auction if the owner owes them money.


Tour Guides

Individuals working as tour guides must be registered with the Director of Tourism. To be registered, they need to meet specific criteria, including being a Tanzanian citizen, having the necessary education and training, holding a valid First Aid Certificate, and having knowledge of the area and field they operate in. Registered tour guides are issued identity cards that they must possess and display. The Director can refuse to register someone based on their criminal history or if they don't meet the qualifications. Registered tour guides are required to undergo annual medical examinations, follow rules and regulations, use approved routes, and be polite and helpful to tourists.
Complaints against tour guides can be lodged with the Director, who can reprimand, suspend, or deregister them if they violate the regulations. The Director can also restrict the activities of a tour guide in specific areas. Violations of the rules regarding tour guides are offenses with associated penalties.


Offenses and Penalties

Several actions are considered offenses under these regulations, including operating a tourism business without authorization, obstructing officials, providing false information, failing to provide requested information or keep registers, and failing to comply with requirements. These offenses carry penalties, including fines and imprisonment. Tourism operators are also responsible for the actions of their employees. If a company commits an offense, both the company and the individuals involved may be held responsible. There is a general penalty for contraventions where no specific penalty is mentioned.


Appeals to the Minister

Individuals unhappy with certain decisions made by the Director, such as those related to registration, cancellation of registration, grading, or changes to registration conditions, can appeal to the Minister responsible for tourism.


Inspection Powers

The Director or authorized officers have the right to enter and inspect tourism businesses and facilities at reasonable times to ensure compliance with the regulations. They can examine documents, seize evidence of offenses, question individuals, and inspect vehicles suspected of containing evidence. They must inform the person in charge of the purpose of their visit and provide identification if requested. Obstructing or hindering inspections or concealing information can lead to refusal or cancellation of registration or licenses.


Protection of Culture and Tradition

Tourism operators are required to ensure that visitors, particularly those taking photographs, respect the laws, customs, traditions, and cultural identities of Tanzania and local communities. This includes ensuring that photographs are not taken in a way that disrespects or demeans individuals or groups.