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a tripartite report - Unctad

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TANZANIA<br />

SOURCE<br />

YEAR<br />

2007/8 2008/9 2009/10<br />

World Bank 1,791,837,017 2,948,580,624 271,873,487<br />

Government of the United Republic of Tanzania 142,903,899 57,953,238 2,672,006,724<br />

Internal Sources 6,629,300 215,350,000 400,000,000<br />

TOTAL<br />

Source: FCC, Strategic Plan 2010–2013<br />

1,941,370,216 3,221,883,862 3,343,880,211<br />

In 2007/8 and 2008/9, the World Bank funded<br />

about 92 per cent of the FCC budget, which<br />

dropped to 8 per cent of the total budget in<br />

2009/10. The World Bank funding was under the<br />

“Privatization and Private Sector Development<br />

Project” (PPSDP). The World Bank had actually<br />

been funding the operations since 2005, which is<br />

a unique case in the region.<br />

Under the Section 78 of the FCA, mandatory funding<br />

sources have been prescribed as follows:<br />

(1) Funds of the Commission will comprise of –<br />

(a) fees not exceeding 2.5 per cent of business licences;<br />

(b) any grants, donations, bequests or other contributions<br />

made to the Commission;<br />

(c) funds allocated to the Commission from the<br />

funds of EWURA, SUMATRA, the Tanzania Communications<br />

Regulatory Authority, the Tanzania<br />

Civil Aviation Authority and such other regulatory<br />

authorities for work done by the Commission or as<br />

provided in the other relevant legislation or as may<br />

be agreed between the Commission and those<br />

authorities respectively,<br />

(d) funds allocated to the Commission by Parliament;<br />

(e) fees collected by the Commission;<br />

(f) all other payment due to the Commission in<br />

respect of any matter incidental to its functions;<br />

ing<br />

fees and other fees to be paid by persons in<br />

connection with the procedures of the Commission.<br />

(3) The Commission shall disclose details of the<br />

sources of its funds in the Annual Report.<br />

Following the end of the PPSDP, the FCC and the<br />

FCT came up with a Fair Competition (Commission<br />

and Tribunal) Funding Regulations, 2010, which<br />

71<br />

were gazetted through the Government Notice No.<br />

208 of 11th June 2010 83 . However, collection of the<br />

2.5 per cent fee from every business/trading license<br />

through the Gazette Notice has been affected by<br />

the Government policy directive aimed at curtailing<br />

multiplicity of payments that the business community<br />

has to make to the public sector institutions.<br />

As regards the funding from the sector regulators,<br />

this has not worked out very well as the funding<br />

is in practice at the pleasure of the sector regulator.<br />

The energy regulator EWURA, pays higher<br />

and regular payments more because the Director-<br />

General of the FCC is the Vice-Chairman of the<br />

EWURA Board, while there is no such linkage with<br />

the other regulators. In particular, the TCRA, which<br />

is probably the wealthiest, had been very reluctant<br />

to fund the FCC. Unfortunately, there is no appeal<br />

process for the FCC for such despite the provision<br />

under Section 78(c).<br />

4.3.2 Fines and Fees<br />

The bulk of the internal sources of revenue for the<br />

petition<br />

authorities in the region, the FCC can is-<br />

<br />

<br />

however accrue to the FCC but are surrendered<br />

to the Treasury. On the other hand, the fees collected<br />

through mergers, exemptions and other<br />

applications to the FCC are retained by the FCC.<br />

<br />

collected the following fees:<br />

Tender Fees – 2,050,000<br />

Counterfeit destruction fees – 40,800,000<br />

Counterfeit penalty fees – 172,500,000<br />

Merger Filing Fees – 83,000,000<br />

Total 298,350,000<br />

Source: FCC<br />

TANZANIA

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