In Tanzania, all gaming activities are overseen by the government through the Gaming Board of Tanzania (the “Gaming Board”), a body corporate established by section 4 of the Gaming Act, Chapter 41, Revised Edition 2019 of the laws of Tanzania (the “Gaming Act”), for the sole purpose of carrying out the operations and management of the gaming activities in Tanzania.
The laws that govern gaming in Tanzania include the Gaming Act, the Gaming (Amendment) Regulations GN.401 of 2010, the Gaming Regulations GN No.385 of 2003, the Gaming (Amendment) Regulations GN.278 of 2009, the Gaming Equipment Standards – Smart Interface for Gaming Machines of 2019, the Gaming Equipment Standards – Gaming Devices for Route Operations of 2018, the Gaming Equipment Standards – Central Electronic Monitoring System for Route Operations of 2018 and the Sports Betting Rules, 2016.
The Gaming Board regulates gaming activities that are played with cards, dice, equipment, or any mechanical electromechanical or electronic device or machine for money, property, checks, credit or credit card, or any representative of value, including but without limiting the generality of the foregoing, bingo, wheel of fortune, baccarat, slot machine, horse race, lottery, wager or stake, any banking or percentage game or any other game or device approved by the Gaming Board. But this does not include, games played with cards in private homes or residences in which no person makes money for operating the game, except as a player, or games operated by charitable or educational organizations approved by the Gaming Board.
The Gaming Board issues a total of 18 licenses and certificates. These include : (1)casino license for conducting table games and slot machine; (2) slot machines or route operation for promotion of slot machines business in a shop, (3) manufacturer’s certificate for manufacturing of gaming equipment including its spare part, (4) seller’s or distributor’s license for supplying, selling or servicing gaming equipment, (5) key gaming employee certificate for a person in charge of any gaming activity at all times when the game is conducted, (6) accreditation license for a person engaged in non-gaming activity within gaming premises, (7) support license, required for a person employed in the gaming activities or a gaming employee, (8) a retail gaming license which is required by a retailer on a premise on which he maintains sole and exclusive legal possession of the entire premise for which he is issued internet casino license for conducting casino games through remote devices with internet connection, (9) SMS lottery license for conducting SMS lotteries for commercial purposes, (10) principal license for sports betting and slot machines operations, (11) internet sports betting license, (12) sports betting terminal license, (13) national lottery license to conduct of national lottery, (14) lottery license to conduct business Lotteries, (15) service provider License to provide services on gaming operations, (16) gaming consultancy License, (17) virtual games License and (18) certificate of suitability for license of gaming activities.
Process of registration for Gaming License
Before applying for a gaming license, an applicant must meet a set of criteria established by section 26 of the Gaming Act which includes:-
Application for a gaming license is made to the Gaming Board by submitting the prescribed documents. The Gaming Board shall upon receipt of the application for gaming license, investigate to determine the applicant’s suitability including the vetting process of the shareholders, directors, and business, and the applicant and the Gaming Board shall, where it is satisfied that the conditions for grant of gaming License have been complied with by the applicant, issue a gaming license and may impose conditions or restriction on the license depending on the type of gaming activity that the holder of a license may carry on.
Post-registration compliances
Holders of gaming license in Tanzania are obligated to comply with the post-registration requirements enforced by the gaming laws, including but not limited to, payment of the gaming taxes to Tanzania Revenue Authority according to section 31 of the Gaming Act at the prescribed rates set out therein, and payment of the monthly gaming levy at the prescribed rates set out in the first schedule of the Gaming Amendment Regulations G.N. 401 of 2010.
Illegal gaming operations
Generally, it is unlawful to conduct any gaming operation without a valid license. Any person found to be carrying out illegal gaming activities in Tanzania commits an offense and upon conviction is be liable to a fine not exceeding Tanzania Shillings Five Hundred Thousand (TZS500,000/=) or to imprisonment for a term not exceeding twelve months or both. Also, the Gaming Act prohibits conducting any gaming operation on unlicensed premises subject to which upon conviction an offender shall be liable to a fine not exceeding Tanzania Shillings Five Hundred Thousand (TZS500,000/=) or imprisonment for a term not exceeding twelve months or both.
By Diana Bahesha – Advocate.
Note: This is not a legal opinion and the contents hereof are not meant to be relied upon by any recipient unless our written consent is sought and explicitly obtained in writing.
