Aeronautics Act, R.S.C. 1985, c.A-2
Canadian Aviation Regulations, SOR/96-433
Part II "Aircraft Identification and Registration and Operation of a Leased Aircraft by a Non-Registered Owner"
Part IV "Personnel Licensing and Training"
Part VII "Commercial Air Services"
These measures set out restrictions on non-Canadians wishing to register or operate Canadian aircraft or to provide air services in Canada. They are reserved from the obligations imposed by Article 4 (National Treatment).
16. Canada Shipping Act, 2001, S.C. 2001, c. 26
This measure sets out requirements to own a ship on the Canadian register. It is reserved from the obligations imposed by Article 4 (National Treatment).
17. Canada Shipping Act, 2001, S.C. 2001, c. 26
These measures set out restrictions on the provision of services on Canadian ships by non-Canadians. They are reserved from the obligations imposed by Article 8 (Senior Management, Board of Directors and Entry of Personnel).
18. Pilotage Act, R.S.C. , 1985, c. P-14
General Pilotage Regulations, SOR/2000-132
Atlantic Pilotage Authority Regulations, C.R.C. 1978, c. 1264
Laurentian Pilotage Authority Regulations, C.R.C. 1978, c. 1268
Great Lakes Pilotage Regulations, C.R.C. 1978, c. 1266
Pacific Pilotage Regulations, C.R.C. 1978, c. 1270
These measures set out restrictions on non-Canadians in relation to pilotage. They are reserved from the obligations imposed by Article 8 (Senior Management, Board of Directors and Entry of Personnel).
Annex I - Tanzania - Reservations for Existing Measures and Domestic Commitments
Illustrative Schedule of the United Republic of Tanzania
1. Tanzania Investment Act, (CAP 38), Section 3
These measures deal with minimum capital requirement for registration of an investment at the Tanzania Investment Center by non-Tanzanians. They are reserved from obligations imposed by Article 4 (National Treatment).
2. Special Economic Zones Act, (CAP 420), Section 27, read together with 2011 amendments of Export Processing Zones Act, (CAP 373)
The regulations under this Act provide that capital requirement for new investment by non-Tanzanians to be US$ 5million in a Special Economic Zone. They are reserved from obligations imposed by Article 4 (National Treatment).
3. Public Private Partnership Act, (No. 18 of 2010), Section 25
The Act provides that Public Private Partnership Agreements shall endeavour to provide opportunity for empowerment of the citizens of Tanzania as provided for under the National Economic Empowerment Act. It is reserved from obligations imposed by Article 4 (National Treatment).
4. The Land Act,(CAP 113), Section 20
The Village Land Act, (CAP 114), Section 12 The Land,(Amendment Act), 2004, Section 3
These are measures on how non-Tanzanians can obtain land for investment in Tanzania. They are reserved from obligations imposed by Article 4 (National Treatment).
5. Tourism Act, 2008, Section 58(2)
These measures exclude non-Tanzanians in engaging into the business of travel agency (save for foreign airlines); mountain climbing or trekking; tour guide; car rental or any other activity to be so specified by the Minister responsible for tourism. They are reserved from obligations imposed by Article 4 (National Treatment).
6. Wildlife Conservation Act, (CAP 283, Section 39(2)(a)
These measures provide for mandatory local shareholding in any hunting company operating in Tanzania. They are reserved from obligations imposed by Article 4 (National Treatment) and 9 (Performance requirements).
7. Broadcasting Services Act, (CAP 306), Section 10 (1)(b)
These measures provide for mandatory local shareholding in any Broadcasting Company operating in Tanzania. They are reserved from obligations imposed by Article 4 (National Treatment) and 9 (Performance requirements).
8. Mining Act 2010, Section 8(2)
These measures restrict issuance of primary mining licenses only to Tanzanians. They are reserved from obligations imposed by Article 4 (National Treatment).
9. Mining Act 2010, Section 8(3)
These measures exclude non-Tanzanians in the mining of gemstones. They are reserved from obligations imposed by Article 4 (National Treatment).
10. Forest Act, (CAP 323), Section 42(1)
These measures provide for formation of communal groups for purposes of ownership, use and management of community forest reserve. They are reserved from obligations imposed by Articles 4 (National Treatment) and 8 (Senior Management, Board of Directors and Entry of Personnel).
11. Public Procurement Act,(CAP 410), Section 49(3)
These measures aim at providing margin of preference to local contractors or consultants in tender evaluation process. They are reserved from obligations imposed by Article 4 (National Treatment).
12. Immigration Act,(CAP 54), Section 18 Tanzania Investment Act,(CAP 38), Section 24
These measures govern the employment of expatriates in Tanzania. They are reserved from obligations imposed by Articles 4 (National Treatment) and 8 (Senior Management, Board of Directors and Entry of Personnel).
13. Banking and Financial Institutions (Licensing Regulation 2008),Regulation 27
Banks and Financial institutions can only employ a maximum of five (5) expatriates in the management positions. Other restriction on employment of expatriates are as provided in the Immigration Act, 1995, Section 18 and the Tanzania Investment Act 1997. They are reserved from obligations imposed by Articles 4 (National Treatment) and 8 (Senior Management, Board of Directors and Entry of Personnel).
14. Export processing Zones (Amendments) Act,(CAP.373) - read together with 2011 amendments
These provisions provide for incentives granted for investments in the Export Processing Zones and Restrictions on exportation of goods into customs territory by export processing Zones. They are reserved from obligations imposed by Article 4 (National Treatment).
15. The Capital Market Securities (Foreign companies public offers eligibility and cross-listing requirements) Amendment Regulation, 2005, Regulations 4, 5, 6, 7 and 8
These regulations provide for the participation in the Capital Markets by foreign issuers of securities in terms of eligibility criteria and the disclosure requirements for such companies to make public offers on cross-listing at the Dar es Salaam Stock Exchange (DSE). They are reserved from obligations imposed by Article 4 (National Treatment).
16. Capital Markets and Securities (foreign investors) Regulations, 2003
These regulations set out the limit of aggregate securities to be held by foreign investors. The regulations also prescribe the manner and conditions under which foreign investors will participate at the Dar es Salaam Stock Exchange, the mechanism by which the Authority can monitor observance of the prescribed limits by DSE and Central Deposit System.
Regulation 3(2) provides that foreign investors are not allowed to participate in selling, purchasing or otherwise of Government securities.
Regulation 3 (4) provides that a foreign investor may purchase the securities of an issuer if the aggregate of the securities to be held by the foreign investors does not exceed a maximum limit of sixty percent of the total number of the issued securities of an issuer. They are reserved from obligations imposed by Article 4 (National Treatment).
17. Insurance Act, 2009,(CAP 394), Section 16
An insurer shall not be registered as an insurer within the United Republic of Tanzania unless it is a body corporate incorporated under the Companies Act or any other law in the United Republic of Tanzania and is deemed to be a resident in Tanzania and at least one third of the controlling interest whether in terms of shares, paid up capital or voting rights are held by citizens of Tanzania and at least one third of the members of the board of that company are citizens of Tanzania. They are reserved from obligation imposed by Articles 4 (National Treatment) and 8 (Senior Management, Board of Directors and Entry of Personnel).
18. The Petroleum (Exploration and Protection) Act (CAP 328), Section 13
The Act provides for restriction on person to whom a license may be granted and stipulates that no license shall be granted to an individual unless he is a citizen of Tanzania. They are reserved from obligation imposed by Articles 4 (National Treatment) and 8 (Senior Management, Board of Directors and Entry of Personnel).
19. The Fisheries Act,(CAP 279),Section 19 and Section 20
This Act provides for Prohibition of foreign fishing in territory waters except for the purposes of Scientific Research, Complementary's educational and food supply. It is
Reserved from obligations imposed by Article 4 (National Treatment).
20. Contractors Registration Acts, (CAP 235) - read together with 2008 amendments, Section 12
These Acts provide that no person who is not a citizen of the United Republic shall be allowed to form a local contracting firm unless the majority of its shares are owned by citizens of the United Republic. They are reserved from obligations imposed by Article 4 (National Treatment).
Annex Ii - Canada - Reservations for Future Measures
Schedule of Canada
In accordance Article 16(2) of this Agreement, Canada reserves the right to adopt or maintain any measure that does not conform to the obligations set out below with respect to the following sectors or matters:
- Social services (i.e. : public law enforcement; correctional services, income security or insurance; social security or insurance; social welfare; public education; public training; health and child care), where the measure does not conform with the obligations imposed by Article 4 (National Treatment) or Article 8 (Senior Management, Boards of Directors and Entry of Personnel);
- The rights or preferences provided to aboriginal peoples, where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 5 (Most-Favoured-Nation Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements);
- The rights or preferences provided to socially or economically disadvantaged minorities, where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements);
- Residency requirements for ownership of oceanfront land, where the measure does not conform with the obligations imposed by Article 4 (National Treatment);
- Government securities (i.e. acquisition, sale or other disposition by nationals of the other Party of bonds, treasury bills or other kinds of debt securities issued by the Government of Canada, a province or local government), where the measure does not conform with the obligations imposed by Article 4 (National Treatment);
- Maritime cabotage, which means: (a) the transportation of either goods or passengers by ship between points in the territory of Canada or above the continental shelf of Canada, either directly or by way of a place outside Canada; but with respect to waters above the continental shelf of Canada, the transportation of either goods or passengers only in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada; and (b) the engaging by ship in any other marine activity of a commercial nature in the territory of Canada and, with respect to waters above the continental shelf, in such other marine activities of a commercial nature that are in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada; where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 5 (Most-Favoured-Nation Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements);
- Licensing fishing or fishing related activities, including entry of foreign fishing vessels to Canada's exclusive economic zone, territorial sea, internal waters or ports and use of any services therein, where the measure does not conform with the obligations imposed by Article 4 (National Treatment) or Article 5 (MostFavoured-Nation Treatment;
- Telecommunications services, where the measure does not conform with the obligations imposed by Article 4 (National Treatment) or Article 8 (Senior Management, Boards of Directors and Entry of Personnel) by limiting foreign investment in facilities-based telecommunications service suppliers, requiring that such service suppliers be controlled in fact by a Canadian, requiring that at least 80 percent of the members of the board of directors of such suppliers be Canadian, and imposing cumulative foreign investment level restrictions; and
- The establishment or acquisition in Canada of an investment in the services sector, where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements), provided that the measure is consistent with Canada's obligations under Articles II, XVI, XVII and XVIII of the WTO General Agreement on Trade in Services, done at Marrakech on 15 April 1994.
Annex Ii - Tanzania - Reservations for Future Measures
Schedule of the United Republic of Tanzania
In accordance with Article 16(3) (Reservations and Exceptions) of this Agreement, the United Republic of Tanzania reserves the right to adopt or maintain any measure with respect to the following sectors or matters:
- The rights or preferences provided to licensed artisanal and small scale miners in mining of gemstones where measures do not conform with Article 4 (National Treatment);
- Licensing fishing or fishing related activities, including entry of foreign fishing vessels to Tanzania exclusive economic zone, territorial sea, internal waters or ports and use of any services therein, where measures do not conform with the obligations under Article 4 (National Treatment) or 5 (Most-Favoured - National Treatment);
- Government securities (i.e. acquisition, sale or other disposition by nationals of the other Party of either bonds, treasury bills or other kinds of debt securities issued by the Government of the United Republic of Tanzania) where the measure does not conform with the obligations imposed by Article 4 (National Treatment);
- Social services (i.e. public law enforcement, income security or insurance, social security or insurance; social welfare; public education; public training; health and child care) where the measure does not conform to the obligations imposed by Article 4 (National Treatment) or Article 8 (Senior Management, Boards of Directors and Entry of Personnel);
- Telecommunications services, where the measure does not conform with the obligations imposed by Article 4 (National Treatment) or Article 8 (Senior Management, Boards of Directors and Entry of Personnel) by limiting foreign investment in facilities-based telecommunications service suppliers;
- The establishment or acquisition in Tanzania of an investment in the services sector, where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements), provided that the measure is consistent with Tanzania's obligations under Articles II, XVI, XVII and XVIII of the WTO General Agreement on Trade in Services.
Annex Iii - Exclusions from Dispute Settlement
1. For Canada:
A decision by Canada following a review under the Investment Canada Act, R.S.C. 1985, c. 28 (1st Supp.),with respect to whether or not to permit an investment that is subject to review, is not subject to the dispute settlement provisions under Sections C (Settlement of Disputes Between an Investor and the Host Party) or D (State-to-State Dispute Settlement Procedures).
2. For the United Republic of Tanzania:
(i) A decision by the Minister responsible for investment on whether or not to register an investment under Regulation 43(2) of the Investment Regulations, 2002 is not subject to the dispute settlement provisions under Sections C (Settlement of Disputes between an investor and the Host Party) or D (State-to-State Disputes Settlement Procedures).
(ii) Decision by the President on an issue or matter referred to him by the Minister responsible for investment in respect of granting benefits for strategic or major investments under Section 20 (2) of the Tanzania Investment Act, (CAP 38) is not subject to the Dispute Settlements provisions under Sections C (Settlement of Disputes between an investor and the Host Party) or D (State-to-State Disputes Settlement Procedures).