ARRANGEMENT OF SECTIONS
1. Short title
Establishment of Commission
3. Establishment of Commission
4. General powers and functions of Commission
5. Seal of Commission
Establishment and membership of Board
6. Establishment of Board
7. Functions of Board
8. Tenure of office of member
9. Disqualification, removal and resignation of member of Board
10. Vacation of office by member
11. Filling of vacancy
Meetings and proceedings of Board
12. Election of Vice Chairperson
13. Meetings of Board
14. Committees of Board
15. Co-option of other personnel
16. Disclosure of interest
18. Remuneration and allowances
Staff of Commission
19. Chief Executive Officer
20. Duties of Chief Executive Officer
22. Appointment of staff of Commission
23. Training of staff by Commission
24. Exemption from personal liability
25. Funds of Commission
26. Provision of information
27. Financial year
30. Annual Report
Specific functions of Commission
31. Manner of investigation
32. Power to delegate
33. Powers of Chief Executive Officer
34. Power of search
35. Identity card
36. False complaints
Act 20, 2013,
S.I. 70, 2014.
An Act to establish the Botswana Trade Commission, to regulate the export and import of goods within the Common Customs Area and to provide for matters incidental thereto.
[Date of Commencement: Parts I to VI - 1st June 2014]
Preliminary (ss 1-2)
This Act may be cited as the Botswana Trade Commission Act.
In this Act, unless the context otherwise requires-
“Board” means the Board of the Commission established under section 6;
“Commission” means the Botswana Trade Commission established under section 3;
“Common Customs Area” means the combined areas of Botswana, Lesotho, Namibia, South Africa and Swaziland established under the Southern African Customs (SACU) Agreement of 2002;
“Chief Executive Officer” means the Chief Executive Officer of the Commission, appointed under section 19;
“dumping” means the export or proposed export of goods-
(a) at an export price lower than the price at which similar goods are being sold in the ordinary course of trade in the exporting country for consumption in that country;
(b) at an export price lower than the highest comparable price at which similar goods are being exported in the ordinary course of trade from the exporting country to any third country; or
(c) at an export price lower than the cost of production or the estimated cost of production of the goods concerned in the country of origin and any other costs and profit which the Minister deems reasonable;
“goods” includes all wares, articles, merchandise, animals, currency, crops and plants;
“member” means a member of the Board or of a committee of the Board;
“regulatory authority” means an entity established under any Act for the purpose of regulating an industry or a sector of an industry;
“SACU” means the Southern African Customs Union;
“SACU Tariff Board” means the Southern African Customs Union Tariff Board;
“Secretary” means the Secretary of the Commission, appointed under section 21; and
“senior staff” means any employee of the Commission who holds a position which is designated as such by the Board.
Establishment of Commission (ss 3-5)
(1) There is hereby established a body to be known as the Botswana Trade Commission.
(2) The Commission shall be a body corporate with a common seal, capable of suing and being sued in its own name and, subject to the provisions of this Act, of doing or performing all such acts or things as bodies corporate may, by law, do or perform.
(1) Subject to the control of the Board and the provisions of this Act, the Commission shall-
(a) investigate and determine the impact of tariffs in Botswana and provide written recommendations regarding any tariff change to the Board;
(b) investigate allegations of dumping, subsidized exports and import surges within the Common Customs Area that affect Botswana;
(c) formulate guidelines for the application of trade remedies and tariff amendments within Botswana;
(d) regulate the import of goods into Botswana;
(e) regulate the export of goods from Botswana;
(f) assess and determine eligibility for infant industry protection from goods coming from the Common Customs Area;
(g) receive requests from SACU Tariff Board to evaluate recommendations made to the SACU Tariff Board from the members of the Common Customs Area;
(h) investigate requests received from the SACU Tariff Board in relation to allegations of dumping, subsidized exports, import surges and tariff amendments made to the SACU Tariff Board by the members of the Common Customs Area; and
(i) investigate trade matters that are referred to the Commission by the Minister.
(2) The Minister may, on the recommendation of the Board, by Order published in the Gazette, delegate any function of the Commission in respect of any matter relating to an industry or a sector of the industry that the Commission or Ministry is responsible for to-
(a) any regulatory authority; or
(b) any Ministry,
subject to such conditions as the Minister may determine.
(1) The seal of the Commission shall be such device as may be determined by the Commission and shall be kept by the Secretary.
(2) The seal of the Commission shall be authenticated by the signatures of the Chief Executive Officer and the Secretary.
(3) In the absence of the Chief Executive Officer, the person performing the functions of the Chief Executive Officer may authenticate the seal in his or her place and, in the absence of the Secretary, the person performing the functions of the Secretary may authenticate in his or her place.
(4) The Chief Executive Officer may, in writing, delegate to another employee his or her power to authenticate the seal.
(5) The Secretary may, in writing and with approval of the Chief Executive Officer, delegate to another officer his or her power to authenticate the seal.
(6) A document issued by the Commission and sealed with the seal of the Commission which seal is authenticated in the manner provided by this section shall be received and taken to be a true instrument without further proof unless the contrary is shown.
Establishment and membership of Board (ss 6-11)
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.
Please click here to login