Botswana Trade Commission Amendment Bill seeks to amend the Botswana Trade Commission Act to address deficiencies and challenges identified in the implementation of the Act. With the new amendments, the powers and functions of the Commission are aligned in processing of applications and the conduct of investigations with those of other national bodies of SACU member states and to facilitate regional cooperation in conducting such investigations. The law serves to facilitate Botswana’s obligations under the SACU Agreement.
- The purpose of the Act
The long title of the Act is amended to reflect its purpose of establishing the Botswana Trade Commission facilitating international trade, regulating import and export, implementing SACU and addressing related matters.
- Definitions: Section 2
The Act introduces new definitions for terms such as Common Customs Area, SACU, SACU Tariff Board, import surge, national body, Revenue Service, SACU Agreement, SACU Member State, and subsidized export.
- General powers and functions of the Commission: Section 4
The Act expands the powers and functions of the Botswana Trade Commission. The Commission can now issue rebate permits, certificates, and duty drawback permits, request national bodies to evaluate applications, make recommendations on tariff changes, establish systems for trade defense measures and international trade administration, and receive requests for tariff amendment and trade remedies.
- Establishment of Board: Section 6(2)
The Board shall consist of a representative, at Director level, from the following entities; departments responsible for; international trade at ministry responsible for trade, agri-business at ministry responsible for entrepreneurship, tax policy at ministry responsible for finance and customs at BURS.
- Functions of Board: Section 7
The Act specifies the responsibilities of the Board, including reviewing applications, recommendations, and decisions related to tariff amendments, investigations, industrial development, and reporting to the Minister.
- Tenure of office of member: Section 8
The Act establishes the tenure of Board members, with each member serving for five years and being eligible for reappointment for one additional term of up to five years. The Chairperson serves for five years and can be reappointed for one additional term of up to three years.
- Manner of investigation: Section 31
The Minister, based on the Board’s recommendation, can request provisional measures within SACU structures. These measures are aimed at addressing dumping, subsidised exports, import surge, and the resulting industry injury. If the Board determines that there is a need to prevent further harm while investigations are ongoing, they may recommend implementing provisional measures. This allows for prompt action to protect industries from unfair trade practices until a thorough investigation is completed.
- Powers of entry and search: Section 34
The Act grants powers to the Chief Executive Officer of the Commission to authorize entry and search of premises if there are reasonable grounds for suspecting involvement in activities under investigation. Refusal to allow entry may result in a fine or imprisonment.
- Protection of confidential information: Section 34 (A)
The Act emphasizes the confidentiality of documents and information obtained during the course of duties, except in specific circumstances such as legal proceedings or investigations of criminal offenses.
- Corporation with other regulatory authorities: Section 36 (A)
The Commission has an obligation to cooperate and consult with the Revenue Services and other regulatory authorities or government agencies related to trade.
- Regulations: Section 37 (2)
Regulations may provide for duties to be paid for under the Customs Act and Excise Duty Act, the procedure for investigation and evaluation of applications. These regulations may prescribe for persons that are non-compliant and they may be liable to a fine of P50 0000 or imprisonment for a term not exceeding two years or both.
RLLG Legal Research Team Email: info@rockfall.co.bw