The Ministry of Investment, Trade, and Industry has moved swiftly to strengthen its controls over foreign trade permits. This move is outlined in the statutory instrument of 2024, cited as the Export or Import License for Control of Goods Regulations, 2024, which was recently signed by the Minister of Investment, Trade, and Industry, Mmusi Kgafela.
“An applicant who wishes to import or export goods listed in Schedule 4 or 5 shall apply to the Commission (Botswana Trade Commission) to be issued with a licence,” read the new regulations.
The said goods that require export licence include the following; ferrous waste and scrap; re-melting scrap ingots of iron or steel; copper and brass waste and scrap; nickel waste and scrap; aluminum waste and scrap; zinc waste and scrap; tin waste and scrap; tungsten (Wolfram), waste and scrap; molybdenum and articles thereof, including waste and scrap; tantalum and articles thereof, including waste and scrap; magnesium waste and scrap.
The goods that require import licences are listed as follows- wheat flour; baked Goods; refined Pre-packed sugar; bottled, Natural and Mineral Water; pre-packed salt; and maize extruded snacks.
The other goods are the following – worn clothing and other worn articles, used or new rags, scrap twine, cordage, rope and cables 63.1 0 and worn-out articles of twine, cordage, rope or cables, or textile materials. According to the regulations, the duration of the import or export licence shall depend on the type of commodity imported or exported, provided the import licence or export licence shall be valid for a period not exceeding six months. The regulations say that the Botswana Trade Commission or its authorised officer may not issue a licence to the applicant where the applicant has failed to comply with any order in the public interest that may be issued by the Commission in relation to the application; any other provisions of these Regulations or Act; or licence requirements. The regulations indicate that where the Commission refuses to issue an export or import licence to an applicant, the Commission shall notify an applicant, in writing, within seven days of the decision. The Commission may, amend, suspend or cancel the export or import licence where the – Commission determines that the export or import licence holder has not met or no longer meets the requirements under these Regulations; or licence holder has committed any offence referred to under regulation
The regulations indicate that Commission shall, prior to making the decision give a licence holder 14 days’ written notice, of the Commission’s intention to amend, suspend or cancel the licence of a licence holder.
The Commission may, prior to the decision to amend, suspend or cancel a licence being made, allow the licence holder, an opportunity to rectify the circumstances which are the subject of the amendment, suspension or cancellation of the licence, within a period not exceeding 14 days;
-Where a licence holder has failed to rectify the circumstances which are subject of the suspension, amendment or cancellation of a licence, the Commission shall cancel the licence,
-Where the Commission has amended, suspended or cancelled, the licence holder shall surrender the licence, within seven days of receipt of a written notice of the revocation from the Commission.
The regulations say an applicant who wishes to import or export goods shall not import or export goods listed in Schedules 4 and 5 without a licence being issued by the Commission or an authorised officer under these Regulations. An export permit shall be issued, subject to the following conditions – only goods and quantities specified in the licence may be exported; and the licence may not in any manner be transferred by the holder to any other person or may not be used to the benefit of anyone not referred to in the licence.
The Commissioner General of the Botswana Unified Revenue Service or an authorised officer, shall, depending on a condition in a licence, have the power to confiscate any goods or part thereof imported into, or intended to be exported from, Botswana that are in contravention of the provisions of these Regulations; or not in conformity with any terms or conditions stated in the licence.
