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    Social Accountability Report

    on

    The Contribution of Foreign Direct Investment to

    Local Economy in Tanzania: Achievements,

    Challenges and Prospects

    held at

    Tanzania Global Learning Agency

    Report by:

    John Mathew Mnali

    Ag. Director of Investment Promotion

    Tanzania Investment Centre

    August 2012

    SAS No.3

    Social Accountability Session Report

    on

    The Contribution of Foreign Direct

    Investment to Local Economy in Tanzania:

    Achievements, Challenges and Prospects

    Held atTanzania Global Learning Agency

    Report by:

    John Mathew Mnali

    Ag. Director of Investment Promotion

    Tanzania Investment Centre

    August 2012

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    Report Contents:

    1. Executive Summary ..22. Background ..33. Laws governing investment in Tanzania ..44. Attractive Investment Climate in Tanzania ..65. Sectors for investment in Tanzania ..76. Trends of registered investment projects in Tanzania ..87. Contribution of FDI to the Economy ..138. Challenges of FDI inflows in Tanzania ..159. Efforts to address challenges FDI inflows challenges ..1510.Plenary discussion ..1611. Conclusion and recommendation ..1812. References ..20

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    Executive Summary

    This report is prepared by Tanzania Investment Centre following a presentation given during

    the Social Accountability Session number 3 organized by Tanzania Country Level

    Knowledge Network (CLKnet).The topic on board was The Impact of Foreign Direct

    Investment to the Local Economy. The presentation aimed to underscore achievements,

    challenges and prospects of Foreign Direct Investment (FDI) inflows to Tanzania.

    It is through this presentation the participating stakeholders had an opportunity to discuss

    thoroughly about the topic with a view to propose to the government to review

    investment policies that will enable FDI inflows to have positive impact to the local

    economy in Tanzania. The session gathered participants from government institutions,

    academia and researchers, NGOs and the private sector.

    The presentation started with the background of the Tanzania economy in mid 1980s,

    followed by investment legislations that are in place, investment climate that prevails in

    Tanzania, the priority sectors for investment, institutions that supports investment,

    incentives that are extended to investment projects, the trends of registered investment

    for the period of 1990 to 2011, the sector distribution of the investment in Tanzania, the

    contribution of FDI to the local economy by citing the impact created by the

    telecommunication industry in Tanzania. Lastly, it was followed by the conclusion and

    pointed out the challenges and strategies that have been employed to resolve those

    challenges.

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    1. Background

    Since 1986, Tanzania has embarked into various economic reforms which aimed to

    transform the economy from centrally planned public owned economy into market

    driven private sector led economy. The government recognises that it has the role to

    facilitate the private sector and other economic agents to actively and effectively

    invest in productive and commercial activities in order to accelerate economic

    growth and development. The Government do this mainly through putting

    favourable policies in place, provision of a

    conducive investment environment for local and

    foreign investment, promotion of institutional

    changes conducive to the development of the

    private sector, stimulating investors confidence

    through transparent, effective and efficient

    administrative processes in government

    institutions and to put in place an appropriate

    legal and regulatory framework. The major policy

    and structural reforms carried out played a significant role in improving the business

    and investment environment in the country.

    Various economic reforms

    undertaken by the

    government aimed to put

    in place laws and policies

    that will facilitate

    conducive investment

    environment for local and

    foreign projects.

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    2. Laws Governing Investment in Tanzania

    During mid-1980s in recognition of the

    important role towards creating an

    enabling environment for private sector

    development, Tanzania enacted a

    number of investment related laws and

    policies, undertaken financial reforms,

    liberalised its trading regime; put in place

    an attractive investment package; and

    undertook a number of initiatives to

    promote and develop the private sector. Some of the laws were such as:-

    Tanzania Investment Act No. 26 of 1997 aimed at guiding investment activitiesin Tanzania except for the mining and oil exploration projects;

    The Village Land Act No. 5 of 1999 which provides for the management andadministration of land in the village and for related matters;

    The Land Act No. 4 of 1999 which provides for basic law in relation to landother than village land, the management of land settlement of disputes and

    related matters;

    During mid-1980s

    government initiated a

    number of investment related

    laws and policies in

    recognition of the important

    role towards creating anenabling environment for the

    private sector development.

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    Banking and Financial Institutions Act No.12 of 1991 which intends toharmonise the operations of all financial institutions in Tanzania. To regulate

    credit operations and to provide for other related matters;

    Mining Act No. 5 of 1998 which provides for mineral mining, trading and anyother related matters;

    Capital Markets and Securities Act No.5 of 1995 which provides forestablishment of capital markets and securities authority (CMSA) for the

    purpose of promoting and facilitating the development of capital markets and

    securities in Tanzania.

    Export Processing Zones Act 2002 provides guidance on the set up ofprocessing zones, export requirements and other related matters;

    Special Economic Zones Act 2005 which involves investment in other sectorsthan manufacturing for both export and local markets;

    Foreign Exchange Act, 1992 to administer and manage matters related toforeign currency, securities, payment, debts, import/export, transfer of funds

    and other related matters;

    Petroleum (Exploration and Production) Act 1981 which governs investment inthe petroleum exploration and production sector;

    Public Private Partnership Act, 2010 which provides for investment in thepublic private partnership projects such as investment in the Infrastructure

    Sector;

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    Value Added Tax Act, 1997 which provides for the imposition of value addedtax on supplies of goods and services and related matters;

    Immigration Act, 1997 for control of immigration in Tanzania and for mattersrelated to immigration.

    3. Attractive Investment Climate in Tanzania.

    Tanzania like many other countries across the globe has managed to build and

    maintain attractive and predictable investment climate through several actions. This

    has been implemented as a result of:-

    Tanzania Investment Act 1997, which provides protection againstnationalization, access to credit from domestic sources and right for investor

    to transfer capital and profits after having paid all the taxes required by law in

    Tanzania.

    Their active memberships to investment guarantee agencies such asMultilateral Investment guarantee agency (MIGA), African trade Insurance

    Agency (ATIA); and International Centre for Settlement of Investment

    Disputes.

    National Investment Steering Committee chaired by the Prime Minister is

    entrusted with the role of investment policy formulation and resolving

    problems of investors on a fast track basis with the view to improve business

    environment and foster economic growth through increased investment.

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    Also the Government through National Business Council organizes round tablemeeting that are chaired by the President so as to discuss, resolve investors

    matters while advising government on areas that need improvements.

    One stop shop facilitative role offered by TIC through stationed senior officialsfrom Ministries/government department who assist investors to obtain

    various approvals, licenses and permits on matters related to immigration,

    registration of companies, business licensing, land, labour, taxes and other

    facilitation matters.

    Tax incentives which provide exemption of import duty to capital goodsincluding establishment facilities for investment by 90% and reduced VAT on

    projects capital goods including deemed capital goods to 10%, assistance to

    obtain land for investment, automatic immigration quota of up to 5

    expatriates at the initial stage of the project and strategic investor status

    granted to projects that put up investment in remote and marginalized

    regions, create massive employment to local people, inject enough capital

    that can have an impact to the economy, transfer of technology and its

    contribution of foreign exchange earnings.

    4. Sectors for Investment

    Tanzania promotes and facilitates investment in various sectors. These sectors

    includes agriculture and livestock, natural resources, tourism, manufacturing, (back

    up services for petroleum and mining sectors), commercial building, transportation,

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    services, financial institutions, telecommunication, energy, human resources,

    economic infrastructure and broadcasting sector.

    5. Trends of Registered Investment Projects in Tanzania

    The major institutional and legal framework carried by government since mid 1980s

    resulted into an increase inflow of foreign direct investment. Such increase has been

    evidenced by an increased number of registered projects and its ownership, value of

    investment capital injected, employment and number of countries that has increased

    investment flow to Tanzania. Such positive results brought by FDI have also

    contributed to GDP growth and provides stable inflation rates since 1997 to 2011

    figures.

    5.1.Projects registered by TIC from 2005 to 2011

    Attractive laws and predictable investment climate has attracted increasing number

    of both FDI and domestic investment that were registered by TIC; in 2008 the centre

    registered a total of 871 projects compared to 550 projects registered in 2005 an

    increase of 36%. However the impact of global financial crisis leads to the registration

    of 572 and 509 in 2009 and 2010 respectively. Overall the registered projects received

    a robust response stock inflow amounting to 4706 projects from 2005 to 2011.

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    Figure 1: Registered Projects by TIC 2005 - 2011

    Source: TIC Database

    According to the UNCTAD reports on FDI inflows globally, there has been an increase

    inflow of foreign direct investment (FDI) to Tanzania of 12million USD in 1992 to

    unprecedented record of 1095million USD in 2011 while the FDI stock amounted to

    388million USD in 1990 compared to 7823million USD in 2011.

    The World Investment

    Report published in 2012

    shows that Tanzania took

    the lead in attracting Foreign

    Direct Investment (FDI) in

    the East African region during the past 1 year, attracting the record of $1.1 billion

    Major institutional and legal framework carried

    by government since mid 1980s resulted intoan increase inflow of foreign direct investment

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    equivalent to (TSh1.76 trillion). The same report has highlighted that between June

    2011 and June 2012, Tanzania overtook Kenya- the regions biggest economy,

    indicating the high confidence among foreign investors in Tanzania. The same report

    has shown that for the past three years, Tanzania has attracted about 47 percent of

    all FDI flows in the five East African countries.

    Figure 2: FDI Inflows to Tanzania from 2006 2011

    Source: UNCTAD World Investment Report -2012

    5.2.Ownership of Projects Registered by TIC 1990 2011Tanzania Investment Act provides three types of project ownership as follows. An

    investment project may be whole owned by Tanzanians or by foreign nationals or the

    project may be jointly owned by Tanzanians and Foreigners (Joint Venture).

    According to the TIC registered projects for the period 2005 - 2011 Tanzanians have

    been playing a leading role in terms of establishing investment projects, followed by

    Joint Venture projects and lastly foreign nationals as shown in a pie chart;-

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    Figure 3: Ownership of Investment Projects 2005 - 2011

    Source: Tanzania Investment Centre

    5.3.Leading Countries that have invested in TanzaniaMost of the investments from abroad (FDI) originate from the United Kingdom due

    to the historical background. Tanzania was a British colony that is why it is well

    known by investors from UK than other parts of the World.

    From the figure above it shows that 23% of registered projects originate from UK, 15%

    from India, another 15% from Kenya, Netherlands 10%, China 10%, USA 10%, South

    Africa 7%, Canada 5%, Germany 3%, and Oman 2%.

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    Figure 4: Ten Leading Companies Invested in Tanzania 2005 2011

    Source: Tanzania Investment Centre

    5.4.Employment Generated by Investment Projects from 2007 to 2011

    TIC registered projects have projected to create new jobs every year as follows;

    Table 1: Projected Number of New Jobs Created 2007 - 2011

    Year 2007 2008 2009 2010 2011

    Jobs created 103,958 109,521 56,615 43,640 79,101

    Source: TIC Database

    Steady GDP growth and lower inflation rates as a result of implemented institutional

    reforms and legal framework has been instrumental towards attracting investors to

    invest in Tanzania.

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    Figure 5: GDP Growth Rates and Inflation 1997 -2011

    6. Contribution of FDI to the Economy (A case of Telecommunication Industry)

    In Tanzania more than 25% of the TIC registered projects are owned by foreign

    affiliates/companies that have operations in Tanzania in sectors such as agriculture,

    manufacturing, tourism, telecommunication, services, petroleum and mining just to

    mention a few. Its impact to the local economy has been in terms of job creation,

    government revenue, transfer of technology and skills, capital invested and foreign

    exchange earnings.

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    Specifically, the telecommunication sector has contributed significantly to the

    employment creation of both direct and indirect jobs. The indirect jobs includes

    Tanzanians selling cell-phones, airtime, cell phone battery charging services, providing

    calls services, money transfer and so forth. The industry has improved the

    communication services compared to the previous situation prevailed 20years ago. It is

    this industry which has enabled rapid mobile technology penetration to the villages,

    mobile telephone banking services across Tanzania. Moreover the telecommunication

    sector has contributed significantly to the government tax revenues.

    The data below shows an increase of service subscriber reaching over a half of Tanzanian

    population equivalent to about 24million in 2011.

    Table 2: Total number of Mobile Phone Users

    Service provider 2010 2011

    VODACOM 8 6 0 6 10 2 8 081

    TIGO 4,477,510 5,263,330

    AIRTEL 6,021,091 6,834,301

    ZANTEL MOBILE 1,700,528 1,374,057

    SASATEL 24,827 7,461

    TTCL MOBILE 86,965 220,932

    BENSON 2,396 1,708

    TOTAL 20,983,853 23,979,870

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    7. Challenges of FDI inflows in Tanzania

    According to the World Investment Report (WIR) issued by the United Nations

    Conference on Trade and Development, focusing on the past twelve months ending

    June, 2012, shows that for the past three years, Tanzania has attracted about 47 percent

    of all FDI flows in the five East African countries. Despite the increasing figures of FDI

    inflows yet Tanzania face a number of challenges that requires deliberate measures in

    order to attract and retain more investors. Some of the challenges are lack of adequate

    and reliable power, poor infrastructure especially feeder roads, lack of designated areas

    for investment projects (such as farming land, industrial plots) where investors may

    acquire for investment purposes and negative image of Africa propagated by western

    media about the continent.

    8. Efforts taken by the Government to Address the Challenges

    The government has taken some efforts to tackle the challenges in the view of attracting

    investors. Some efforts that have been undertaken includes attracting investors in the

    energy sector as a priority of government plans, the ongoing efforts to establish a land

    bank whereby TIC is working hand in hand with other stakeholders in this area. In

    addition the government has put in place a new PPP legislation which aims to attract

    public private partnership projects such as infrastructure projects. Lastly, the

    government has kept on creating awareness through embassies and other organizations

    such as TTB, TANTRADE, TIC, EPZA etc to its outward mission about the Tanzania

    investment climate and opportunities in the country.

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    9. Discussions from the Participating Stakeholders

    Soon after an account from the presentation, participating stakeholders had an

    opportunity to contribute their views as a way forward to guide government through

    review and amendment of policies that can enable significant contribution of FDI inflows

    to the local economy. Participants underscored several issues that need to be done to

    support spillover effect of FDI to the local economy as below:-

    9.1.Integrity Leadership

    Tanzania like many African countries lack leaders with integrity to administer

    government matters that have impact to the economy at large. Participants

    requested Tanzanians who gets an opportunity to play a leading role in Government

    institutions to be patriotic for the benefit of the nation at large.

    9.2.Mechanism to collect government revenuesIt was explained that, despite the fact that, Tanzania Revenue Authority has

    improved its technology and broaden tax base over time, yet it lacks appropriate

    mechanism to tape government revenues compared to our neighboring Kenya.

    9.3.Discrimination of tax incentives across sectors

    Tanzania like many countries offers tax incentives in order to attract FDI flows.

    However, there is a need to assess that there are sectors that will attract investors

    even without incentives so as to circumvent loopholes that can be created in such

    sectors.

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    9.4.Employment creation by FDI projectsIt was explained that, it is high time for the government to attract FDI that will create

    quality employment to the local people.

    9.5.Availability of land for investmentThe participants underscored the importance of designated land for investment so as

    to avoid land disputes between investors and local people.

    9.6.Transfer of Skills and Technology

    Stakeholders observed that transfer of skills and technology is not one of the

    prerequisite for an investment project to be established in Tanzania, hence no any

    investment project is forced to transfer skills and technology. There is a great need to

    amend governing investment laws and agreements so that right skills and technology

    can be transferred to benefit the local economy within a particular time.

    9.7.Change of Management Name of Hotel Operators and Public Awareness

    Participants were informed that, change of hotel management companies (ie. Hotel

    names) that has been done by hotel operators in Tanzania, does not imply that hotel

    owners want to evade taxes hence does not affect the revenue collections; the

    stakeholders strongly suggested the importance of TIC in sensitizing the public on

    many matters including activities carried by TIC, change of management names by

    Hotel operators and its impact to revenue collections.

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    9.8.Granting more Mandate to TICUndoubtedly the participating stakeholders expressed the crucial role of FDI to the

    economic development especially to the developing country like Tanzania. They

    recommended TIC to be given more mandate to undertake facilitative role that can

    enhance investment projects to realize their investment plans. This can be done

    through effective and efficient Facilitative Centre in-housed with technical Human

    Resources and allocating enough budget as well as land that will enable investment

    projects to take off. Participants indicated the need to concentrate on resolving

    existing challenges rather than undertaking massive promotion campaigns.

    9.9.Critical Contribution of Researchers and AcademiaThe stakeholders gave plea to the researchers and academia to share findings of their

    research work with the public and also requested them to conduct research that will

    endeavor into policy reviews.

    10.Conclusion and recommendationsFDI inflows have a significant contribution to the economic growth of Tanzania. It is

    therefore recommended that:

    It is high time to have review of Tanzania Investment Act No. 26 of 1997 togetherwith Tanzania Investment Policy 1996, its Regulations and any other related

    Investment Acts/Policies so as the local economy can benefit from the FDI flows.

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    There is a need to have a strategic and comprehensive promotion and facilitation ofinvestment that need to achieve the interest of Tanzania.

    Tanzania needs to abandon the fragmented approach hence adopt working togetherattitude for the National interest. Policy gaps in the TIA, 1997 needs to address issues

    related to employment, transfer of skills and technology, repatriation of capital,

    foreign exchange, business linkages and capital injection of FDI inflow to Tanzania so

    that its contribution to the economy can be viable.

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    REFERENCES

    1. United Republic of Tanzania (1997): Tanzania Investment Act, 1997 Act No;72. United Republic of Tanzania (1996): Tanzania Investment Policy 19963. United Republic of Tanzania (2011): The Tanzania Five Years Development Plan, 2011/2012

    2015/2015

    4. United nations Conference on Trade and development (UNCTAD): World InvestmentReport 2012

    5. Tanzania Investment Centre: Tanzania Investment Guide 2010 and Beyond6. United Republic of Tanzania (2011): The Economic Survey of Tanzania7. United Republic of Tanzania (2011): Finance Act8. www.clknet .or.tz