CHAPTER 42:14
BOTSWANA TRADE COMMISSION
ARRANGEMENT OF SECTIONS
SECTION
PART I
Preliminary
1. Short title
2. Interpretation
PART II
Establishment of Commission
3. Establishment of Commission
4. General powers and functions of Commission
5. Seal of Commission
PART III
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
PART IV
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
17. Confidentiality
18. Remuneration and allowances
PART V
Staff of Commission
19. Chief Executive Officer
20. Duties of Chief Executive Officer
21. Secretary
22. Appointment of staff of Commission
23. Training of staff by Commission
24. Exemption from personal liability
PART VI
Financial Provisions
25. Funds of Commission
26. Provision of information
27. Financial year
28. Accounts
29. Audit
30. Annual Report
PART VII
Specific functions of Commission
31. Manner of investigation
32. Power to delegate
33. Powers of Chief Executive Officer
34. Power of search
34A. Protection of confidential information
PART VIII
Miscellaneous Provisions
35. Identity card
36. False complaints
36A. Cooperation with other regulatory authorities
37. Regulations
Act 20, 2013,
S.I. 70, 2014,
S.I. 132, 2020,
Act 17, 2023,
S.I. 45, 2024.
An Act to establish the Botswana Trade Commission; to provide for an efficient and effective system for the administration and facilitation of international trade; to regulate the import and export of goods; to provide for the implementation of the SACU Agreement; and to provide for matters incidental thereto.
[17 of 2023, s. 2.]
[Date of Commencement: Parts I to VI - 1st June 2014, Parts VII and VIII - 2nd November 2020]
PART I
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, Eswatini, Lesotho, Namibia and South Africa established under the Southern African Customs Union (SACU) Agreement of 2002;
[17 of 2023, s. 3(a).]
"Council" has the meaning assigned to it under the SACU Agreement;
[17 of 2023, s. 3(b).]
"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;
"import surge" means a situation in which the quantity or value of goods imported into the SACU Member State suddenly exceeds the normal level;
[17 of 2023, s. 3(b).]
"member" means a member of the Board or of a committee of the Board;
"national body" means a body or institution established or designated as such in terms of Article 14 of the SACU Agreement by a SACU Member State;
[17 of 2023, s. 3(b).]
"regulatory authority" means an entity established under any Act for the purpose of regulating an industry or a sector of an industry;
"Revenue Service" has the meaning assigned to it under the Botswana Unified Revenue Service Act;
[17 of 2023, s. 3(b).]
"SACU" means the Southern African Customs Union established by Article 3 of the SACU Agreement;
[17 of 2023, s. 3(a).]
"SACU Agreement" means the Southern African Customs Union Agreement for regional integration on the exportation and importation of goods, including customs controls, within the SACU Member State concluded in 2002, to which Botswana is a party;
[17 of 2023, s. 3(b).]
"SACU Member State" means a member of the Southern African Customs Union;
[17 of 2023, s. 3(b).]
"SACU Tariff Board" means the SACU Tariff Board established by Article 7 of the SACU Agreement;
[17 of 2023, s. 3(a).]
"Secretary" means the Secretary of the Commission, appointed under section 21;
"senior staff" means any employee of the Commission who holds a position which is designated as such by the Board; and
"subsidised export" means the export of goods to a Common Customs Area from any country in respect of which the government of, or any public authority within, that country—
(a) has provided financial aid or other assistance with the production, manufacture, transportation or export of the goods; or
(b) has foregone any revenue that would otherwise be due to that government or public authority.
[17 of 2023, s. 3(b).]
PART II
Establishment of Commission (ss 3-5)
3. Establishment of Commission
(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.
4. General powers and functions of Commission
(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, subsidised 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 or into the Common Customs Area;
[17 of 2023, s. 4(a).]
(g) receive requests from SACU Tariff Board to evaluate recommendations made to the SACU Tariff Board from the SACU Member States;
[17 of 2023, s. 4(b).]
(h) investigate requests received from the SACU Tariff Board in relation to allegations of dumping, subsidised exports, import surges and tariff amendments made to the SACU Tariff Board by the SACU Member States;
[17 of 2023, s. 4(c).]
(i) investigate, on its own initiative, trade and industry related matters or such matters as may be referred to the Commission;
[17 of 2023, s. 4(d).]
(j) issue any rebate permit or certificate in terms of the Customs Act;
[17 of 2023, s. 4(e).]
(k) issue any certificate or permit in terms of duty drawback provisions of the Customs Act;
[17 of 2023, s. 4(e).]
(l) request a national body to evaluate applications received by the Chief Executive Officer in accordance with section 31, and to investigate and compile information available within its jurisdiction concerning such applications;
[17 of 2023, s. 4(e).]
(m) make recommendations on tariff changes to the SACU Tariff Board or national body;
[17 of 2023, s. 4(e).]
(n) establish an efficient and effective system for the administration, monitoring and review of trade defence measures in trade agreements to which Botswana is a party;
[17 of 2023, s. 4(e).]
(o) establish an efficient and effective system for the administration, monitoring and review of international trade within Botswana; and
[17 of 2023, s. 4(e).]
(p) receive requests from a national body to evaluate applications for tariff amendment and trade remedies.
[17 of 2023, s. 4(e).]
(2) The Minister may, on the recommendation of the Board, by Order published in the Gazette
(a) any regulatory authority; or
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.