IMMIGRATION: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Immigration (Advance Passenger Information and Passenger Name Record) Regulations

Immigration (Consultants) Regulations

Immigration (Exemption) Order

Immigration (Hours of Operation) Regulations

Immigration (Identification of Immigrants) Regulations

Immigration (Points of Entry) Order

Immigration (Transfer of Minister’s Powers) Order

Immigration (Visa) Regulations

Immigration Regulations

“>IMMIGRATION (POINTS OF ENTRY) ORDER

(section 4)

(1st September, 1978)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Specified points of entry

Schedule

S.I. 95, 1978,
S.I. 106, 1978,
S.I. 136, 1978,
S.I. 147, 1984,
S.I. 45, 1985,
S.I. 19, 1994,
S.I. 68, 1996,
S.I. 94, 1997,
S.I. 10, 1998,
S.I. 62, 2000,
S.I. 57, 2001,
S.I. 1, 2002,
S.I. 107, 2015,
S.I. 32, 2016,
S.I. 34, 2020,
S.I. 61, 2020,
S.I. 81, 2022,
S.I. 88, 2022,
S.I. 89, 2022.

1. Citation

This Order may be cited as the Immigration (Points of Entry) Order.

2. Specified points of entry

The border posts, rail entry points and airports set out in the Schedule are hereby specified as points of entry into Botswana for the purposes of the Act.

SCHEDULE

(para 2)

BORDER POSTS

Bray

Dobe

Kasane Regional Immigration Office

Kazungula

Kwando

Limpopo Valley Aerodrome

Mabolwe

Maintengwe

Makopong

Mamono

Martin’s Drift

Matsiloje

McCarthy’s Rust

Middlepits

Pandamatenga

Parr’s Halt

Phitshane Molopo

Pioneer Gate

Plaatjan

Pont Drift

Ramatlabama

Ramokgwebane

Ramotswa

Saambou

Sikwane

Tlokweng Gate

Tshidilamolomo Community Crossing Point

Two Rivers

Werda

Zanzibar>

RAIL ENTRY POINTS

Ramatlabama

Vakaranga>

AIRPORTS

Francistown

Ghanzi

Kasane

Jwaneng

Lobatse

Mahalapye

Maun

Orapa

Palapye

Selebi-Phikwe

Seretse Khama Airport

Serondela Airstrip

Shakawe

Tuli Lodge>

“>IMMIGRATION (TRANSFER OF MINISTER’S POWERS) ORDER

(section 3 of Cap. 02:11)

(2nd September, 1983)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Delegation of powers to Permanent Secretary

S.I. 109, 1983.

1. Citation

This Order may be cited as the Immigration (Transfer of Minister’s Powers) Order.

2. Delegation of powers to Permanent Secretary

The power conferred on the Minister of Labour and Home Affairs to issue or renew residence permits under section 21 of the Immigration Act is hereby transferred to the Permanent Secretary, Ministry of Labour and Home Affairs, to exercise it only in so far as the issue or renewal of a residence permit concerns a refugee recognised under the Refugees (Recognition and Control) Act (Cap. 25:01).

“>IMMIGRATION (EXEMPTION) ORDER

(sections 4 and 23)

(7th March, 1975)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Persons exempt from presenting themselves to an immigration officer

3. Persons exempt from obtaining a residence or work permit

4. Exemption from obtaining residence permit by persons who ceased to be citizens of Botswana

First Schedule

Second Schedule

S.I. 29, 1975,
S.I. 101, 1975,
S.I. 82, 1976,
S.I. 144, 1976,
S.I. 59, 1977,
S.I. 90, 1978,
S.I. 102, 1978,
S.I. 107, 1978,
S.I. 4, 1979,
S.I. 21, 1980,
S.I. 44, 1981,
S.I. 65, 1982,
S.I. 96, 1985,
S.I. 71, 1991,
S.I. 128, 1991,
S.I. 39, 1992,
S.I. 11, 1993,
S.I. 32, 1995,
S.I. 82, 1997,
S.I. 97, 1997,
S.I. 6, 2004,
S.I. 13, 2004,
S.I. 20, 2004,
S.I. 82, 2004,
S.I. 2, 2005,
S.I. 15, 2005,
S.I. 6, 2006,
S.I. 40, 2006,
S.I. 63, 2006,
S.I. 30, 2007,
S.I. 44, 2007,
S.I. 5, 2008,
S.I. 14, 2008,
S.I. 7, 2009,
S.I. 37, 2009,
S.I. 60, 2009,
S.I. 68, 2009,
S.I. 82, 2009,
S.I. 60, 2010,
S.I. 31, 2012,
S.I. 5, 2013,
S.I. 34, 2013,
S.I. 114, 2013,
S.I. 11, 2014,
S.I. 104, 2014,
S.I. 147, 2014,
S.I. 28, 2018,
S.I. 106, 2019,
S.I. 139, 2019,
S.I. 27, 2021,
S.I. 88, 2021.

1. Citation

This Order may be cited as the Immigration (Exemption) Order.

2. Persons exempt from presenting themselves to an immigration officer

Members of the classes of persons named in the First Schedule are exempted from complying with the provisions of section 4 of the Act, provided they are in possession of valid passports or certificates of identity.

3. Persons exempt from obtaining a residence or work permit

Members of the classes of persons named in the Second Schedule are exempted from obtaining a permit in order to reside or work in Botswana, provided they are in possession of valid passports or certificates of identification.

4. Exemption from obtaining residence permit by persons who ceased to be citizens of Botswana

A person who ceases to be a citizen of Botswana by birth or descent by virtue of the provisions of section 15 of the Citizenship Act is exempt from obtaining a permit order to reside or work in Botswana provided he or she is in possession of a valid passport or certificates of identification of his or her country of citizenship.

FIRST SCHEDULE

(para 2)

1. …

2. …

3. Crew members of airlines entering Botswana.

SECOND SCHEDULE

(para 3)

1. Officers in the public service.

2. Teachers employed by the Unified Teaching Service.

3. …

4. Members of the United States of America Peace Corps.

5. …

6. …

7. Persons recruited for service in Botswana by—

(a) United Nations Development Programme;

(b) Branch Office of the United Nations High Commissioner for Refugees for Southern Africa;

(d) United Nations Industrial Development Organisation;

(e) Food and Agriculture Organisation;

(f) International Labour Organisation;

(g) United Nations Educational, Scientific and Cultural Organisation;

(h) World Meteorological Organisation;

(i) World Health Organisation;

(j) International Civil Aviation Organisation;

(k) International Telecommunications Union;

(l) International Atomic Energy Agency;

(m) Universal Postal Union;

(n) International Governmental Maritime Consultative Organisation;

(o) International Bank for Reconstruction and Development;

(p) International Monetary Fund;

(q) International Development Association;

(r) United Nations Association;

(s) Canadian University Service Overseas.

8.-9. …

10. Persons recruited for service in Botswana by—

(a) Canadian International Development Agency;

(b) Agency for International Development;

(c)-(f) …

(g) Swedish International Development Agency;

(h) …

(i) German Volunteer Service;

(j)-(n) …

(o) International Medical Corporation Committee;

(p) Friedrich-Ebert-Foundation.

11. Spouses and minor children under the age of 18 years of the foregoing.

12. …

13. Persons employed by or seconded to the Botswana Defence Force.

14. Persons employed by any statutory corporation or by the Unified Local Government Service whose salaries are supplemented under the British Expatriate Supplemented Scheme or the Overseas Service Aid Scheme.

15. World University Service of Canada.

16. Employees of Unified Local Government Service.

17. Expatriate employees of the Botswana Technology Centre, their spouses and any dependants under the age of 18 years.

18. …

19. Expatriate employees of the Botswana Building Society.

20. Expatriate doctors and nurses employed by the undermentioned hospitals—

(a) Bamalete Lutheran Hospital;

(b) Bamangwatu Concessions Ltd. Mine Hospital;

(d) Gaborone Private Hospital;

(e) Jwaneng Mine Hospital;

(f) Orapa Hospital;

(g) Seventh Day Adventist Hospital, Kanye.

21. Expatriate employees and long-term consultants of the Botswana Institute for Development Policy and Analysis, their spouses and any dependants under the age of 18.

22. Expatriate employees of the Botswana Telecommunications Authority.

23. Expatriate employees of the Botswana Bureau of Standards.

24. Persons employed on European Union (EU) funded projects.

25. Expatriate personnel employed by Africa Comprehensive HIV/AIDS Programme (ACHAP).

26. Expatriate personnel employed by the Botswana College of Distance and Open Learning (BOCODOL).

27. Expatriate personnel employed by the Botswana Training Authority (BOTA).

28. Expatriate personnel employed by the Botswana Accountancy College.

29. Expatriate personnel employed by the Botswana Harvard Aids Institute.

30. Expatriate Chinese and Cuban medical personnel employed by the Ministry of Health.

31. Persons employed by Botswana Unified Revenue Service (BURS).

32. Persons recruited for service in Botswana by—

(a) Japan International Co-operation Agency;

(b) Japan Overseas Co-operation Volunteers;

(d) Southern Africa Development Community;

(e) Development Finance Resource Centre;

(f) African Management Services Company;

(g) United States Agency for International Development.

33. Expatriate personnel employed by the Botswana Stock Exchange.

34. Expatriate personnel employed by the Southern African Trade Union Co ordination Council (SATUCC).

35. Expatriate personnel employed by the Construction Industry Trust Fund (CITF).

36. (a) Expatriate employees of the Clinton Foundation HIV/AIDS Initiative;

(b) Expatriate employees of the Botswana-Baylor Children’s Clinical Centre of Excellence.

37. Expatriate employees of companies operating in Botswana holding the following positions—

(a) Chief Executive Officer;

(b) Production Manager;

(d) Operations Manager;

(e) Sales and Marketing Manager;

(f) Financial Manager.

38. Expatriate employees of the Permanent Okavango River Basin Water Commission.

39. Management, professional and technical employees of the Diamond Cutting and Polishing Companies, Diamond Trading Companies and Related Services registered with the Diamond Hub/Centre.

40. Expatriate employees of companies recommended by Botswana Export Development and Investment Authority, holding the following positions—

(a) Chief Executive Officer;

(b) Production Manager;

(d) Operations Manager;

(e) Sales and Marketing Manager;

(f) Financial Manager.

41. Expatriate employees of the Lenmed Health Bokamoso Private Hospital (Pty) Ltd holding the following positions—

(a) Medical Doctors and specialists;

(b) Nursing Staff;

(d) Pharmacy Director, Pharmacist and Pharmacy Technicians;

(e) Occupational Therapists;

(f) Physiotherapists;

(g) Radiographers;

(h) Biomedical Engineers and Technicians;

(i) Hospital Information Technology Director, Manager, Analysts and Programmers;

(j) Dietary Manager and Dieticians;

(k) Chief Executive Officer;

(l) Chief Operations Officer;

(m) Chief Finance Officer;

(n) Facilities Manager;

(o) Plant Operations Manager; and

(p) Technical Services Manager.

42. Management, professional employees and the technical staff of companies, organisations and institutes registered to operate in Botswana Innovation Hub (BIH).

43. Employees of approved International Financial Services Centre companies who hold the following positions—

(a) Chief Executive Officer;

(b) Head of Treasury;

(d) Head of Risk Management.

44. Non-citizen volunteers of Bana ba Metsi School.

45. Non-citizen volunteers of German Weltwaerts Volunteers.

46. Non-citizen employees of the Centre for Co-ordination of Agricultural Research and Development for Southern Africa (CCARDESA).

47. Expatriate volunteers of Stepping Stones International.

48. Youth for Christ Botswana Volunteers.

49. Expatriate employees of Khoemacau Mining Company (Pty) Ltd holding the following positions—

(a) Mining Manager;

(b) Section Manager-Tech Services;

(d) Chief Surveyor;

(e) Senior Mine Planning Engineer;

(f) Chief Geologist;

(g) Senior Resource Mine Geologist;

(h) Senior Mine Production Geologist;

(i) Mine Production Geologist;

(j) Senior Ventilation/Projects Engineer;

(k) Mine Planning Engineer;

(l) Senior Geotechnical Engineer;

(m) Backfill Engineer;

(n) Ventilation Engineer;

(o) Mining Control Supervisor;

(p) Contract Manager;

(q) Chief Executive Officer;

(r) Chief Operations Officer;

(s) Chief Financial Officer;

(t) Project Manager (Underground);

(u) Alternate Project Manager (Underground);

(v) Finance and Admin Manager (Underground);

(w) Section Engineer- Mobile Plant Maintenance;

(x) Manager SHEC & Quality (Underground);

(y) Procurement/Purchasing Officer;

(z) SHEC, Quality or Training Supervisor/Co-ordinator;

(aa) SHEC & Quality Underground Trainers;

(bb) Mine Project Engineer;

(cc) Mine Captain/Overseer/Foreman (Underground);

(dd) Shift boss/Shift Supervisor- Development;

(ee) Shift boss/Shift Supervisor- Production;

(ff) Shift boss- Mine Services;

(gg) Mining Control Supervisor;

(hh) Mine Surveyor;

(ii) Jumbo Operator & Trainer;

(jj) Development Charge up Lead;

(kk) Bogger/Loader Operator and Trainer- Dev;

(ll) Teleremote/Guidance Bogger/Loader Operator and Trainer- Dev;

(mm) Development Crew All Rounder/Leave Relief;

(nn) Load & Haul/Truck Operator & Trainer;

(oo) Shotcrete Nozzleman;

(pp) Longhole Driller/Operator & Trainer;

(qq) Production Charge up Lead;

(rr) Production Crew-Leave Relief/Allrounder;

(ss) Service Crew- Leading Hand;

(tt) Cablebolt Drill Operator;

(uu) Raisebore/Drilling Manager;

(vv) Raisebore/Drilling Supervisor & Trainert;

(ww) Raisebore/Drilling Mechanic;

(xx) Mechanised Maintenance Foreman (underground);

(yy) Maintenance Planner: Fixed Plant & Electrical;

(zz) Maintenance Planner: Mobile Plant;

(A) Mobile Plant Maintenance Leading Hand Fitter;

(B) Underground Mobile Plant Fitter;

(D) Auto Electrician- Heavy Diesel;

(E) Mobile Plant Maintenance Leave Relief Fitter-Heavy Diesel;

(F) Electrical Foreman;

(G) Leading Hand Electrician-Underground;

(H) Construction Manager Pastefill/Batch Plant/Services;

(I) Paste Plant Operator;

(J) Paste Crew Leading Hand- Person in Charge;

(K) Diamond Drilling Manager;

(L) Diamond Drilling Supervisor;

(M) Diamond Drilling Mechanics;

(N) Engineering Manager Systems and Implementation;

(O) Geotechnical Consultant;

(P) Geohydrological Consultant;

(Q) Senior Project Manager;

(R) Project Engineer;

(S) Filter Technician;

(T) HIG Mill Technician;

(U) Process Plant Superintendent;

(V) Chief Metallurgist;

(W) Site Manager/Project Manager;

(X) Construction Manager;

(Y) SHE Manager;

(Z) Earth/Civil Works Superintendent;

(AA) SMP Superintendent;

(BB) E&I Electrical Superintendent;

(CC) QA/QC, Turnover & Field Eng Lead;

(DD) Commissioning Process Manager;

(EE) Civil Commissioning Engineer;

(FF) Mechanical Commissioning Engineer;

(GG) Electrical Commissioning Engineer;

(HH) Planner Lead;

(II) Construction Planner;

(JJ) PDDM Lead;

(KK) Contracts Manager (SMEIP); and

(LL) Contracts Administrator (EC).

50. Expatriate employees of Sidilega Private Hospital holding the following positions—

(a) Special Registered Nurses—

(i) Intensive Care Unit,

(ii) Catheterisation,

(iii) Theatre,

(iv) Neo Natal ICU, and

(v) Central Sterile Supply Department; and

(b) Scarce Specialists—

(i) Reconstructive Surgeon,

(ii) Vascular Surgeon,

(iii) Cardiothoracic Surgeon,

(iv) Interconventional Radiologist,

(v) Cardiologist,

(vi) Adult Intensive Care Intensivist,

(vii) Transplant Surgeon,

(viii) Neonatal Intensive Care Intensivist,

(ix) Trauma/Accident and Emergency Intensivist,

(x) Medical Microbiologist, and

(xi) Sonographer.

51. Employees of Maryland Global Initiative Corporation – Botswana

52. Non-citizen employees of Botswana Institute for Technology Research and Innovation (BITRI) holding the following positions—

(a) Researcher;

(b) Senior Researcher;

(d) Executive Director.

“>IMMIGRATION (IDENTIFICATION OF IMMIGRANTS) REGULATIONS

(section 34)

(19th November, 1965)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Immigration officer may photograph, fingerprint, etc.

L.N. 56, 1965.

1. Citation

These Regulations may be cited as the Immigration (Identification of Immigrants) Regulations.

2. Immigration officer may photograph, fingerprint, etc.

An immigration officer may, for the purpose of ascertaining whether any person is or is not a prohibited immigrant, take or cause to be taken the photograph, fingerprint or palmprint of such person.

“>IMMIGRATION REGULATIONS

(section 60)

(14th October, 2011)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

1. Citation

2. Interpretation

PART II
Immigration Procedures

3. Declaration upon arrival or departure

4. Prescribed diseases

PART III
Application for Permits

5. Application for visitor’s permit

6. Application for permit

7. Issuance of permit

8. Renewal of permit

9. Issuance of emergency residence permit

10. Issuance of emergency work permit

11. Application for permanent residence permit

11A. Application for variation of permit

12. Application for certificate of exemption

13. Application for replacement of permit or certificate of exemption

14. Keeping of register

PART IV
Prohibited Immigrant

15. Security deposit by prohibited immigrant

16. Notice to undesirable immigrant

PART V
Appeals Procedure

17. Appeal on refusal to issue permit

18. Appeal against rejection to issue certificate of exemption

PART VI
Miscellaneous

19. Submission of returns

20. Offence and penalty

Schedule

S.I. 75,1968,
S.I. 87, 1972,
S.I. 90, 1975,
S.I. 35, 1976,
S.I. 120, 1980,
S.I. 109, 1982,
S.I. 144, 1983,
S.I. 16, 1992,
S.I. 122, 1993,
S.I. 32, 1996,
S.I. 75, 2001,
S.I. 54, 2002,
S.I. 22, 2004,
S.I. 85, 2011,
S.I. 66, 2012,
S.I. 21, 2016.

PART I
Preliminary (regs 1-2)

1. Citation

These Regulations may be cited as the Immigration Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires “visitor’s permit” means a permit issued under section 19 of the Act.

PART II
Immigration Procedures (regs 3-4)

3. Declaration upon arrival or departure

Any person entering or leaving Botswana through a specified point of entry under section 4 of the Act, shall present himself or herself to an immigration officer and may be required—

(a) to complete—

(i) an arrival or departure form in Form I set out in the Schedule; and

(ii) a personal declaration to establish nationality in Form 2 set out in the Schedule or any such form as may be required by the immigration officer; or

(b) to furnish to the immigration officer such information as is necessary to enable the forms under paragraph (a) to be completed by the immigration officer in respect of such person.

4. Prescribed diseases

(1) A person who has undergone a medical examination under regulation 5 and is infected or afflicted with or suffering from any of the following diseases shall be declared an undesirable immigrant—

(a) favus;

(b) framboesia or yaws;

(d) scabies;

(e) syphilis;

(f) trachoma; or

(g) tuberculosis.

(2) An immigration officer may, by notice in writing given to a person under examination, require that person to present himself or herself at a specific place and for a specified period for further examination.

(3) A written notice referred to in subregulation (2) may contain conditions—

(a) defining or restricting the place or places at which the person may live;

(b) regulating the manner in which the holder may travel;

(c) setting out the precautions to be carried out and the treatment to be taken by the holder to prevent the spread of disease; or

(d) detailing the medical examinations to be undergone by the holder and the manner in which the cost of such examinations shall be defrayed.

PART III
Application for Permits (regs 5-14)

5. Application for visitor’s permit

An application for a visitor’s permit in terms of section 19 of the Act shall be endorsed in the passport of a non-citizen in the form of days.

6. Application for permit

(1) A non-citizen shall, in terms of section 23 of the Act, lodge an application for a permit with an authorised officer in Form 3 set out in the Schedule.

(2) An application made in terms of subregulation (1) shall be accompanied by a non refundable application fee of P1 500.

7. Issuance of permit

A permit issued by a Board shall be in Form 4 set out in the Schedule and shall be subject to such conditions as a Board shall determine, which conditions shall be specified in the permit.

8. Renewal of permit

(1) The holder of a permit may make an application for renewal of his or her permit with an authorised officer in Form 3 set out in the Schedule and where a Board decides to renew, the holder of a permit shall pay a non-refundable fee of P1 500.

(2) An application under subregulation (1) shall be made six months before the expiry of the permit and a person who fails to renew his or her permit within such period commits an offence and is liable to a fine of P500 for late renewal and P20 for every day in which the offence continues up to a maximum of six months.

9. Issuance of emergency residence permit

A residence permit issued in terms of section 26 of the Act shall be in Form 4 set out in the Schedule.

10. Issuance of emergency work permit

A work permit issued in terms of section 27 of the Act shall be in Form 5 set out in the Schedule.

11. Application for permanent residence permit

(1) A non-citizen shall, in terms of section 28 of the Act, make an application for a permanent residence permit in Form 6 set out in the Schedule.

(2) The Minister may, where satisfied with an application made in terms of subregulation (1), confer on a non-citizen the status of permanent residence in Form 7 set out in the Schedule.

(3) An application for a permanent residence permit made under subregulation (1) shall be accompanied by a non refundable fee of P3 000.

11A. Application for variation of permit

(1) A holder of a permit may lodge an application to vary terms and conditions of his or her permit with an authorised officer in Form 7A or 7B as applicable, set out in the Schedule.

(2) An application for variation of a permit made under subregulation (1) shall be accompanied by a non-refundable fee of P1,000.

12. Application for certificate of exemption

(1) A non-citizen may apply for a certificate of exemption in terms of section 32 of the Act in Form 3A set out in the Schedule to these Regulations.

(2) An application made under subregulation (1) shall be accompanied by a non-refundable fee of P3 000.

(3)The Director or Commissioner shall, if satisfied with the application made under subregulation (1), issue an applicant with a certificate of exemption in Form 8 set out in the Schedule.

13. Application for replacement of permit or certificate of exemption

The holder of a permit or of a certificate of exemption of which has been lost, destroyed, damaged or defaced who wishes to make an application to replace the same, in terms of section 34 of the Act, shall lodge an application for a duplicate with the authorised officer in writing and such application shall be accompanied by a non-refundable application fee of P1 500.

14. Keeping of register

(1) The Director, or an officer authorised shall in terms of section 36(1) of the Act, keep at his or her office—

(a) a register in respect of residence permits in Form 9 set out in the Schedule; and

(b) a register in respect of certificates of exemption in Form 10 set out in the Schedule.

(2) The Commissioner or an authorised officer shall, in terms of section 36(2) of the Act, keep at his or her office—

(a) a register in respect of work permits in Form 11 set out in the Schedule; and

(b) a register in respect of certificates of exemption in Form 12 set out in the Schedule.

PART IV
Prohibited Immigrant (regs 15-16)

15. Security deposit by prohibited immigrant

A person declared a prohibited immigrant may as a condition precedent to his or her release in terms of section 43 of the Act, with the consent of the Minister and approval by the Director, enter into a security bond for an amount not exceeding P5 000.

16. Notice to undesirable immigrant

Where an immigration officer determines that a person is an undesirable immigrant, the immigration officer shall, in terms of section 51(1) of the Act, notify that person of the decision in Form 13 set out in the Schedule.

PART V
Appeals Procedure (regs 17-18)

17. Appeal on refusal to issue permit

An appeal made in terms of sections 24 and 25 of the Act by an aggrieved person shall be accompanied by a non-refundable fee of P500.

18. Appeal against rejection to issue certificate of exemption

An appeal made in terms of section 33 of the Act by an aggrieved person shall be accompanied by a non-refundable fee of P500.

PART VI
Miscellaneous (reg 19-21)

19. Submission of returns

A person who in terms of section 40(1) of the Act, employs during any period of 12 months ending on 1 st January, the holder of a work permit or of a certificate of exemption shall, within 15 days immediately after the expiry of the period, furnish the Commissioner with a return in Form 14 set out in the Schedule.

20. Offence and penalty

Any person who contravenes any provision of these Regulations for which no penalty is provided commits an offence and is liable to a fine not exceeding P4 000, or to imprisonment for a term not exceeding four years, or to both.

SCHEDULE

Form 1
ARRIVAL/DEPARTURE FORM

REPUBLIC OF BOTSWANA

IMMIGRATION ACT

(reg. 3)

Please use block letters and black ink only

(Not to be completed by Botswana Citizens)

Form 2
PERSONAL DECLARATION TO ESTABLISH NATIONALITY

Form 3
APPLICATION FOR WORK AND RESIDENCE PERMITS

Form 3A
APPLICATION FOR AN EXEMPTION CERTIFICATE

Form 4
PERMIT

IMMIGRATION ACT

(reg. 7)

Form 5
EMERGENCY WORK PERMIT BY COMMISSIONER OF LABOUR

Form 6
APPLICATION FOR PERMANENT RESIDENCE

Form 7
CERTIFICATE OF PERMANENT RESIDENCE PERMIT

IMMIGRATION ACT

(reg. 11(2))

FRONT SIDE

BACKSIDE

REPUBLIC OF BOTSWANA

Form 7A
APPLICATION FOR VARIATION OF TERMS AND CONDITIONS OF A WORK PERMIT

(reg. 11 A)

(FOR AN EMPLOYEE ONLY)

Four copies to be submitted to the appropriate Labour Office with a fee of ……………………….

Use extra sheet for additional information.

Signature:…………………………………….Date: ……………………………………..

Counter signature (employer):…………………………………….Date:……………..

FOR OFFICIAL USE ONLY

1. Comments by District Labour Officer……………………………………………..

………………………………………………………………………………………………..

2. Comment by Authorised Officer………………………………………………….

………………………………………………………………………………………………..

REPUBLIC OF BOTSWANA

Form 7B
APPLICATION FOR VARIATION OF TERMS AND CONDITIONS OF A WORK PERMIT

(FOR A SELF-EMPLOYED PERSON ONLY)

(reg. 11A)

Four copies to be submitted to the appropriate Labour Office with a fee of …………………………………..

12. When was the company registered? ……………………………………………………………………………..

(Attach a photocopy of Certificate of Incorporation)

13. If the company/business is currently manned by yourself only, give your manpower projections over the next five years:

………………………………………………………………………………………………………………………………..

14. Amount invested in company/business: Pula ………………………………………………………………….

15. Has initial capital been raised locally or from financial institutions outside the country?

………………………………………………………………………………………………………………………………..

16. State names and addresses of financial institutions which provided the initial capital:

………………………………………………………………………………………………………………………………..

17. I declare that the information provided in this form is to the best of my knowledge and belief true and correct.

Signed:………………………………….

Date:…………………………………….

FOR OFFICIAL USE ONLY

18. Comments by District Labour Officer ……………………………………………………………………………

……………………………………………………………………………………………………………………

19. Comment by Authorised Officer ………………………………………………………………………………….

…………………………………………………………………………………………………………

Form 8
CERTIFICATE OF EXEMPTION

IMMIGRATION ACT

(reg. 12(2))

PERMIT

Form 9
REGISTER OF RESIDENCE PERMITS BY DIRECTOR

REPUBLIC OF BOTSWANA

IMMIGRATION ACT

(reg. 14(1))

Form 10
REGISTER OF CERTIFICATE OF EXEMPTION BY DIRECTOR

REPUBLIC OF BOTSWANA

IMMIGRATION ACT

(reg. 14(1))

Form 11
REGISTER OF WORK PERMITS BY COMMISSIONER

REPUBLIC OF BOTSWANA

IMMIGRATION ACT

(reg. 14(2))

Form 12
REGISTER OF EMERGENCY WORK PERMIT BY COMMISSIONER

REPUBLIC OF BOTSWANA

IMMIGRATION ACT

(reg. 14(2))

Form 13
NOTICE OF DECLARATION AS UNDESIRABLE IMMIGRANT

Form 14
SUBMISSION OF RETURNS BY EMPLOYER

“>IMMIGRATION (HOURS OF OPERATION) REGULATIONS

(under section 34)

(6th September, 1996)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Hours of operation

S.I. 69, 1996,
S.I. 11, 1998,
S.I. 61, 2000.

1. Citation

These Regulations may be cited as the Immigration (Hours of Operation) Regulations.

2. Hours of operation

The hours of operation at border posts shall be the following—

Border post	Opening hours	Closing times
McCarthy’s Rust	07.30	16.00
Kasane Regional Immigration Office	07.30	16.30
Two Rivers	07.30	16.30

“>IMMIGRATION (VISA) REGULATIONS

(23rd May, 2014)

(section 60)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Interpretation

3. When visa is required to enter Botswana

4. Types of visas

5. Countries which do not require visas

6. Exemptions

7. Application for visa

8. Laissez-passez

9. Revocation of S.l. No. 25 of 2014

Schedules

S.I. 32, 1967,
S.I. 26, 1968,
S.I. 66, 1968,
S.I. 22, 1971,
S.I. 45, 1978,
S.I. 108, 1982,
S.I. 13, 1988,
S.I. 15, 1992,
S.I. 32, 1992,
S.I. 35, 1997,
S.I. 38, 1998,
S.I. 26, 1999,
S.I. 23, 2004,
S.I. 28, 2006,
S.I. 62, 2006,
S.I. 88, 2006,
S.I. 80, 2008,
S.I. 15, 2009,
S.I. 9, 2011,
S.I. 30, 2011,
S.I. 89, 2012,
S.I. 37, 2013,
S.I. 25, 2014,
S.I. 54, 2014,
S.I. 132, 2014,
S.I. 31, 2015,
S.I. 57, 2016.

1. Citation

These Regulations may be cited as the Immigration (Visa) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“authorised officer” means a person authorised by the Minister to issue a visa; and

“holder” means the person to whom a visa is granted and who is the holder of a valid travel document.

3. When visa is required to enter Botswana

Subject to regulation 6, no document shall be a travel document for the purposes of the Act unless it contains, or has annexed to it, a valid and current visa issued in accordance with these Regulations.

4. Types of visas

(1) A visa shall be—

(a) a diplomatic Visa

(b) an official visa;

(d) a business visa;

(e) an investment visa;

(f) a tourist visa;

(g) a visitor’s visa;

(h) a study visa;

(i) a transit visa; or

(j) an emergency visa.

(2) A diplomatic visa shall be a visa authorising the holder of a diplomatic passport, on diplomatic duty, to enter Botswana on such number of occasions and for such periods as may be endorsed on the visa by the authorised officer.

(3) An official visa shall be a visa authorising the holder of an official passport, on official duty, to enter Botswana on such number of occasions and for such periods as may be endorsed on the visa by the authorised officer.

(4) An employment visa shall be a visa authorising the holder, for purposes of employment, to enter Botswana on such number of occasions and for such periods as may be endorsed on the visa by the authorised officer.

(5) A business visa shall be a visa authorising the holder, for purposes of business, to enter Botswana on such number of occasions and for such periods as may be endorsed on the visa by the authorised officer.

(6) An investment visa shall be a visa authorising the holder, for purposes of investment, to enter Botswana on such number of occasions and for such periods as may be endorsed on the visa by the authorised officer.

(7) A tourist visa shall be a visa authorising the holder, for purposes of tourism, to enter Botswana on such number of occasions and for such periods as may be endorsed on the visa by the authorised officer.

(8) A visitor’s visa shall be a visa authorising the holder, for purposes of attending a social event or visiting relatives, to enter Botswana on such number of occasions and for such periods as may be endorsed on the visa by the authorised officer.

(9) A study visa shall be a visa authorising the holder, for purposes of study, to enter Botswana on such number of occasions and for such periods as may be endorsed on the visa by the authorised officer.

(10) A transit visa shall be a visa authorising the holder to pass through Botswana in transit to some other countries and shall be valid for such period as may be endorsed on the visa by the authorised officer.

(11) An emergency visa shall be a visa authorising the holder, on emergency grounds, to enter Botswana on such number of occasions and for such periods as may be endorsed on the visa by the authorised officer.

5. Countries which do not require visa

No visa shall be required by a national of a country listed in Schedule 1 who is the holder of a valid passport issued in that country unless the Minister, by notice published in the Gazette, declares that such person is required to obtain a visa.

6. Exemptions

(1) The following persons shall not require a visa—

(a) travellers by air when the traveller holds a through ticket to a destination outside Botswana and passes through Botswana in direct transit; and

(b) such persons or class of persons as the Minister may from time to time exempt.

(2) No visa shall be required by holders of Interpol e-passports or by members of the Diplomatic Service of foreign states or by foreign consular officers de carriere accredited to Botswana.

(3) A person who holds a travel document other than a full national passport shall not be exempted from obtaining a visa.

7. Application for visa

(1) A person wishing to obtain a visa shall make an application to an authorised officer and shall produce to the officer—

(a) a fully completed Form 1 set out in Schedule 2;

(b) a certified copy of the passport showing validity period of not less than six months and photograph of the bearer;

(d) a letter from the host or accommodation bookings;

(e) a re-entry permit to the country where he is ordinarily resident if such a permit is required by that country; and

(f) such other information as may be required.

(2) An application under subregulation (1) shall be accompanied by a non-refundable fee set out in Schedule 3 or the equivalent thereof in round figures in the currency of the country in which the visa is obtained, being a country in which a Botswana Mission is situated:

Provided that no charge shall be made for visas issued to nationals of countries which do not charge fees for visas issued to Botswana nationals.

(3) An authorised officer may approve or reject an application for a visa and notify the applicant in writing.

(4) A person affected by the decision of the authorised officer under subregulation (3) may lodge a new application after the expiry of three months immediately after the date of the rejection.

(5) A visa shall be in Form 2 set out in Schedule 2.

(6) No visa fee shall be payable—

(a) by diplomatic officers of foreign governments, the United Nations or other international organisations travelling on official business;

(b) by nationals of countries which do not charge visa fees to Botswana nationals; and

(c) by servants of persons mentioned in regulation 6(2) and holders of a diplomatic visa when travelling alone on their way to or from posts at which they are or have been employed.

(7) A visa issued out under regulation 7(5) shall be valid for a period stipulated under Schedule 4.

8. Laissez-passez

A laissez-passez issued by an international organisation recognised by the Government of Botswana shall be sufficient proof establishing the nationality and identity of the applicant for the purposes of regulation 7(1).

9. Revocation of Statutory Instrument No. 25 of 2014

Statutory Instrument No. 25 of 2014 is hereby revoked.

SCHEDULE 1
COUNTRIES WHICH DO NOT REQUIRE VISAS FROM BOTSWANA

(regulation 5)

All commonwealth countries (except Bangladesh, Ghana, India, Nigeria, Pakistan and Sri Lanka)

Angola

Antigua & Barbuda

Argentina

Australia

Austria

Bahamas

Bahrain

Barbados

Belgium

Belize

Brazil

Brunei Darussalam

Bulgaria

Canada

Cuba

Chile

Costa Rica

Croatia

Cyprus

Czech Republic

Denmark

Dominica

Dominican Republic

Estonia

Finland

France

Gambia

Germany

Greece

Grenada

Guyana

Holy Sea

Hong Kong

Hungary

Iceland

Ireland

Israel

Italy

Jamaica

Japan

Kenya

Kiribati

Kuwait

Latvia

Lesotho

Liechtenstein

Lithuania

Luxembourg

Malawi

Malaysia

Maldives

Malta

Mauritius

Mexico

Monaco

Mozambique

Namibia

Nauru

Netherlands

New Zealand

Norway

Oman

Papua New Guinea

Paraguay

Peru

Poland

Portugal

Qatar

Republic of Ireland

Romania

Russia

Saint Kitts & Nevis

Saint Lucia

Saint Vincent and the Grenadines

Samoa

San Marino

Seychelles

Sierra Leone

Singapore

Slovak Republic

Slovenia

Solomon Islands

South Africa

South Korea

South Sudan

Spain

Swaziland

Sweden

Switzerland

Tanzania

Tonga

Trinidad & Tobago

Turkey

Tuvalu

Uganda

United Arab Emirates

United Kingdom

USA

Uruguay

Vanuatu

Venezuela

Yugoslavia

Zambia

Zimbabwe

SCHEDULE 2
APPLICATION FOR A VISA

SCHEDULE 3
FEES

(Regulation 7(2))

Type of Visa

Amount (BWP)

Diplomatic Visa (DV)

Gratis

Official Visa (OV)

Gratis

Employment Visa (EV)

1000

Business Visa (BV)

1500

Investment Visa (IV)

1500

Tourist Visa (TV)

500

Visitor’s Visa (VV)

3 months and below 1000

Above 3 months 1500

Study Visa (SV)

500

Transit Visa (TRV)

500 per travel

Emergency Visa (EMV)

1500

SCHEDULE 4
VALIDITY PERIODS FOR VISA

(Regulation 7(7))

Type of Visa

Validity

Diplomatic Visa (DV)

as per the official assignment up to 4 years

Official Visa (OV)

as per the official assignment up to 2 years

Employment Visa (EV)

6 months

Volunteers, up to 1 year or as per the assignment

Business Visa (BV)

up to 1 year

Investment Visa (IV)

up to 5 years

Tourist Visa (TV)

up to 1 year

Visitor’s Visa (VV)

3 months or up to 2 years for dependents of residents

Study Visa (SV)

up to 6 months

Transit Visa (TRV)

1 week or up to 3 years for transporters and tour operators

IMMIGRATION (CONSULTANTS) REGULATIONS

(under section 60)

(10th April, 2015)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Interpretation

3. Application for registration

4. Qualifications for immigration consultant

5. Confidentiality

6. Rejection of application

7. Issuance of certificate

8. Display of certificate

9. Renewal of certificate

10. Register

11. Code of conduct

12. Suspension from registration

13. Removal from register

14. Restoration of name to register

15. Revocation of certificate

16. Appeals

17. Offence and penalty

SCHEDULE

S.I. 37, 2015.

1. Citation

These Regulations may be cited as the Immigration (Consultants) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires, “immigration consultant certificate” means a certificate issued to an immigration consultant under regulation 7.

3. Application for registration

A person wishing to register as an immigration consultant under section 39 of the Act shall make an application to the Director in Form A set out in the Schedule and such application shall be accompanied by a non-refundable application fee of P2 000.

4. Qualifications for immigration consultant

(1) A person who wishes to register as an immigration consultant shall-

(a) be a citizen of Botswana; and

(b) be cleared by the Directorate on Intelligence and Security.

(2) A person shall not be registered as an immigration consultant if he or she-

(a) has a criminal record;

(b) is a public officer or an employee of the Botswana Defence Force, Botswana Police Service, Botswana Prisons Service, Directorate on Intelligence and Security or Directorate on Corruption and Economic Crime; or

(c) is a spouse, son, daughter, sibling or parent of a person employed by the Departments of Immigration and Citizenship and Labour and Social Security.

(3) A former employee of the Departments of Immigration and Citizenship and Labour and Social Security may apply for registration as an immigration consultant:

Provided that a period of two years has elapsed from the date of his or her vacation of office.

5. Confidentiality

(1) An immigration consultant assisting a person with an immigration issue shall observe and preserve the confidentiality of all matters coming before him or her, and such confidentiality shall subsist even after the termination or expiry of the immigration consultant certificate.

(2) Any person to whom confidential information is revealed through working with the immigration consultant shall not disclose information acquired under these Regulations to any other person, unless he or she is required to do so in terms of any written law or for the purpose of any judicial proceedings.

(3) Any immigration consultant or any person who contravenes the provisions of this regulation commits an offence and is liable to a fine not exceeding P5 000, or to imprisonment for a term not exceeding five years, or to both.

6. Rejection of application

A person who has made an application under regulation 3 shall be informed, in writing by the Director, of the rejection of his or her application and reasons thereof within 30 days of submission of his or her application.

7. Issuance of certificate

(1) The Director shall, where he or she is satisfied that an applicant meets the requirements for the issue of an immigration consultant certificate, issue to the applicant a certificate in Form B set out in the Schedule.

(2) An immigration consultant certificate issued under subregulation (1) shall be valid for a period of one year.

8. Display of certificate

An immigration consultant shall display his or her immigration consultant certificate in a conspicuous place at his or her place of business.

9. Renewal of certificate

(1) An immigration consultant who wishes to renew his or her immigration consultant certificate shall make an application, in writing, to the Director, three months before the expiry of the certificate.

(2) An application made under subregulation (1) shall be accompanied by an application fee of P500.

(3) Where an immigration consultant makes an application for the renewal of his or her immigration consultant certificate after expiry of the certificate, he or she shall pay an additional P500 for late renewal, if the application is made within three months from the date of expiry.

(4) Where an application for renewal of the immigration consultant certificate is made after more than three months, from the date of expiry of the certificate, the Director shall consider such application as a new application and the application fee under regulation 3 shall apply.

10. Register

The Director shall keep at his or her offices a register of all registered immigration consultants and the register shall be open for inspection during office hours to any member of the public.

11. Code of conduct

(1) A registered immigration consultant shall-

(a) not charge fees for visa or permit applications in excess of fees prescribed under the Immigration Regulations;

(b) act in a fiduciary manner towards his or her client in all professional matters;

(d) inform his or her client in writing of the nature of any business connections, interests or other affiliations, he or she may have in connection with the service to the client;

(e) not undertake to provide professional services concerning immigration consultancy where he or she has an interest unless such interest is disclosed, in writing, to all affected parties;

(f) not charge for services for which he or she is hired where such service has not been provided or carried out;

(g) not accept fees from more than one client in any one transaction;

(h) not allow participation in immigration consultancy matters by any other person not being a registered immigration consultant;

(i) not act for one party to a transaction while another registered immigration consultant is acting for the same party on the same matter except with the knowledge and consent, in writing, of the party and the immigration consultant concerned;

(j) not solicit the services of affiliations of an employee in the business of another registered immigration consultancy without prior notice to the said registered immigration consultant;

(k) not injure falsely or maliciously, whether directly or indirectly, the professional reputation, prospects or business of another immigration consultant;

(l) not intimidate or coerce a client, immigration officer or other public officer; and

(m) carefully guard against the use of his or her name or his or her business association with any activity of a questionable character.

(2) A registered immigration consultant who contravenes the provisions of subregulation (1) commits an offence and is liable to a fine not exceeding P5 000, or to imprisonment for a term not exceeding five years, or to both.

12. Suspension from registration

(1) The Director may suspend from practice an immigration consultant, where the immigration consultant has contravened any provision of the Act or these Regulations.

(2) Where the Director suspends the practice of an immigration consultant, he or she shall-

(a) record the reasons for the suspension in the register; and

(b) notify the immigration consultant of the reasons for the suspension, in writing, within 30 days from the date of suspension.

(3) An immigration consultant who has been suspended under subregulation (1) shall be disqualified from performing the work of an immigration consultant and his or her registration shall be deemed to be suspended until the period of suspension has expired.

13. Removal from register

(1) The Director shall remove from the register the name of an immigration consultant who-

(a) has failed to notify the Registrar of his or her present address;

(b) has requested that his or her name be removed from the register and has lodged an affidavit stating that no criminal proceedings are being or are likely to be instituted against the immigration consultant in connection with his or her practice of immigration consultancy; or

(2) Where the Director suspends or removes, from the register, the name of an immigration consultant, he or she shall-

(a) enter, in the register, a record of the reasons therefor; and

(b) notify the immigration consultant in writing of the reasons therefor.

(3) A certificate of registration issued to an immigration consultant whose name has been removed from the register in terms of this regulation shall be deemed to have been cancelled on the date of the removal and the immigration consultant shall be deemed not to be registered with effect from that date.

14. Restoration of name to register

Where the registration of an immigration consultant has been suspended or the name of an immigration consultant has been removed from the register, the Director may-

(a) on his or her own initiative; or

(b) on the application of the immigration consultant concerned,

and after holding an inquiry as may be necessary, direct that the name of the immigration consultant be restored to the register.

15. Revocation of certificate

The Director may revoke an immigration consultant certificate of registration where-

(a) the name of an immigration consultant has been removed from the register; or

(b) the immigration consultant contravenes any provisions of the Act or of these Regulations.

16. Appeals

An immigration consultant aggrieved by the Director’s decision-

(a) not to issue an immigration consultant certificate;

(b) not to renew his or her immigration consultant certificate;

(d) to revoke his or her immigration consultant certificate,

may, within 30 days from the date the decision is made, appeal in writing to the Minister.

17. Offence and penalty

Any person who contravenes the provisions of these Regulations commits an offence and is liable to a fine not exceeding P5 000, or to imprisonment for a term not exceeding five years, or to both.

SCHEDULE

Form A
APPLICATION FOR IMMIGRATION CONSULTANT

IMMIGRATION (ADVANCE PASSENGER INFORMATION AND PASSENGER NAME RECORD) REGULATIONS

(section 60(c) and (d))

(30th June, 2023)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary Provisions

1. Citation

2. Interpretation

3. Application

PART II
Passenger Information Unit

4. Establishment of Passenger Information Unit

5. Functions of the Unit

PART III
Processing Passenger Name Record Data and Protection of Personal Data

6. Form and manner passenger name record may be provided

7. Processing passenger name record by the Unit

8. Processing of passenger name record by competent authority

9. Transmission of passenger name record to comparable body

10. Request for passenger name record by comparable body

11. Request for passenger information processed by comparable body

12. Period of data retention

13. Maintenance of record of processing systems and procedures

14. Transitional arrangements

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

S.I. 81, 2023.

PART I
Preliminary Provisions (regs 1-3)

1. Citation

These Regulations may be cited as the Immigration (Advance Passenger Information and Passenger Name Record) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“advance passenger information” means a set of data collected and transmitted by a person in charge of an aircraft, vehicle, train or vessel to the Unit, prior to arrival or departure and made available on the primary line at the point of entry, which consists of the—

(a) details of the voyage or flight;

(b) biographic data of a passenger or crew member available on his or her travel document; and

(i) in relation to an aircraft, as set out in Schedule 1, or

(ii) in relation to a vehicle, train or vessel, as set out in Schedule 2;

“applicable resolution” has the meaning assigned to it under the Financial Intelligence Act (Cap. 08:07);

“comparable body” means a body outside Botswana with functions similar to those of the Unit;

“competent authority” means a public authority with designated responsibilities for subject matters specified in regulation 4(3);

“depersonalisation of passenger name record” means depersonalising data in accordance with regulation 12(1):

Provided that personal data may be restored, or de-identification may be reversed, when the use of such personal data is authorised for purposes of regulations 7(7), 8(2), 9(2) and 10;

“examining officer” has the meaning assigned to it under the Counter-Terrorism Act (Cap. 08:08);

“financial offence” has the meaning assigned to under the Financial Intelligence Act (Cap. 08:07);

“INTERPOL SLTD” means a database of identity and travel documents re-ported as lost, revoked, invalid or stolen;

“nationally listed person” has the meaning assigned to it under the Financial Intelligence Act;

“passenger information” means advance passenger information and passenger name record;

“passenger name record” means a record of each passenger’s travel details created by a person in charge of an aircraft, vehicle, train or vessel for each journey booked by or on behalf of any person, whether such record is contained in a reservation system, departure control system or an equivalent system, for purposes of providing a transport service and for commercial and operational reasons;

“person in charge of an aircraft, vehicle, train or vessel”—

(a) means a person in charge of an aircraft, vehicle, train or vessel under regulation 3; and

(b) includes, as the case may be, an owner, agent, carrier or operator of the aircraft, vehicle, train or vessel;

“processing of data” has the meaning assigned to “processing of personal data” under the Data Protection Act (Act No. 32 of 2018) and “processing of personal name record data” shall be construed accordingly;

“serious crime related activity” has the meaning assigned to it under the Proceeds and Instruments of Crime Act (Cap. 08:03);

“single window” means a central data transmission entry point for passengers and crew data or a facility created by the Unit to allow—

(a) a person in charge of an aircraft, vehicle, train or vessel to transmit passenger information in order to meet the requirements under these Regulations; and

(b) competent authorities to lodge standardised information;

“the Unit” means the Passenger Information Unit established in regulation;

“United Nations Security Council sanctions list” means the list of names of persons, entities and groups designated by United Nations Security Council as persons or groups against whom member states must take action for the prevention and combating of any activity specified in the applicable resolution; and

“unmasked passenger name record” means passenger name record that is not depersonalised in accordance with regulation 12(1).

3. Application

These Regulations shall apply to a person in charge of an aircraft, vehicle, train or vessel arriving from any place outside Botswana or leaving Botswana.

PART II
Passenger Information Unit (regs 4-5)

4. Establishment of Passenger Information Unit

(1) There is hereby established a unit, to be known as the Passenger Information Unit, which shall be a unit within the department responsible for immigration.

(2) The Unit shall consist of, as the Minister may appoint in accordance with section 3—

(a) immigration officers; and

(b) authorised officers.

(3) For purposes of subregulation (2)(b), authorised officers may include examining officers or officers responsible, in their respective law enforcement and border security agencies, for—

(a) border security;

(b) combating financial offence or any other serious crime;

(d) customs; and

(e) any other matter as the Minister may deem necessary for purposes of these Regulations.

5. Functions of the Unit

The Unit shall—

(a) collect passenger name record from a person in charge of an aircraft, vehicle, train or vessel;

(b) store and process passenger name record data;

(c) where appropriate, transfer passenger name record data or the result of processing that data to a competent authority;

(d) where appropriate, exchange passenger name record data and the result of processing that data with foreign passenger information unit or foreign competent authorities;

(e) compare, in accordance with regulation 7(4), any passenger name record data against any database; and

(f) perform any other function as may be necessary for purposes of these Regulations.

PART III
Processing Passenger Name Record Data and Protection of Personal Data (regs 6-14)

6. Form and manner passenger name record may be provided

(1) Pursuant to sections 4, 5, 9(1)(b) and 10, a person in charge of an aircraft, vehicle, train or vessel shall, using a single window or secure method as the Unit may determine, provide advance passenger information and passenger name record electronically, in a manner which conforms to the data formats and transmission protocols set by the Unit.

(2) Where there is technical failure and the person in charge of an aircraft, vehicle, train or vessel is unable to provide the information in accordance with subregulation (1), such person may provide the information in any alternative form and manner, as the Unit may determine:

Provided that—

(i) the alternative form and manner provides an equivalent level of security, in relation to the protection of personal data, as the secure method in subregulation (1) provides, and

(ii) the intended recipient consents to the provision of the information in such alternative form and manner.

7. Processing passenger name record by the Unit

(1) Upon receipt of the information provided by a person in charge of an aircraft, vehicle, train or vessel under regulation 6, the Unit shall, exclusively and within a secure location, process the information for purposes of carrying out an assessment of passengers prior to their scheduled arrival in, or departure from, Botswana.

(2) Subject to Part VI of the Counter-Terrorism Act or any other enactment related to serious crime, the Unit may following a request from a competent authority—

(a) provide and process passenger name record in a specific case for the purpose of preventing, detecting, investigating and prosecuting a financial offence or serious crime related activity; and

(b) provide to the competent authority, the results of processing such data.

(3) The Unit may, for purposes of subregulations (1) and (2)—

(a) carry out an assessment to identify persons who may require further examination by the competent authority for a financial offence or serious crime related activity;

(b) analyse passenger name record data for purposes of updating or creating a criteria to be used when carrying out the assessment; and

(4) When assessing or processing passenger name record data in terms of this regulation, the Unit shall—

(a) screen the advance passenger information against relevant databases to identify—

(i) passengers and crew of interest, including those subject to United Nations Security Council sanctions list, and

(ii) stolen or lost travel documents, including those listed on the INTERPOL SLTD and Travel Documents Associated with Notices (TDAWN) database;

(b) compare passenger name record data against any database which is relevant for the purposes of preventing, detecting, investigating and prosecuting a financial offence or serious crime related activity, including a database containing nationally listed persons or an international database on persons or objects sought or under alert; and

(5) The Unit shall ensure that the pre-determined criteria in subregulation (4)(c) is—

(a) targeted, proportionate and specific;

(b) set and regularly reviewed in cooperation with competent authorities; and

(c) not based on a person’s race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health or sexual life or orientation.

(6) Where automated processing of passenger name record data is used under subregulation (5) and the automated processing results in a positive match, the Unit shall subject the positive match to an individual review by non-automated means in order to verify whether an enforcement action needs to be taken by any competent authority.

(7) Where, in terms of subregulation (6), the Unit determines that an enforcement action needs to be taken by a competent authority, the Unit shall transfer the passenger name record data or the result of processing that data to such competent authority.

8. Processing of passenger name record by competent authority

(1) Where passenger name record data is transferred or accessed by a competent authority in accordance with regulation 7, the competent authority shall not—

(a) process the passenger name record data or the result of processing that data other than for purposes of regulation 7; or

(b) take any decision which produces an adverse legal effect or otherwise significantly affects a person—

(i) only by reason of the automated processing of passenger name record data, or

(ii) on the basis of any of the matters specified in regulation 7(5)(c).

(2) The provisions of subregulation (1) shall be without prejudice to the exercise of the competent authority’s functions, if other offences are detected in the course of an enforcement action taken under regulation 7(7).

9. Transmission of passenger name record to comparable body

(1) The Unit shall transmit to a comparable body passenger name record data or the result of processing that data as is relevant to a person identified where—

(a) following an assessment under regulation 7(1), the person is identified by the Unit as requiring further examination; and

(b) the Unit considers it necessary for the purposes of regulation 7(3) for the comparable body to be notified.

(2) Where the Unit receives passenger name record data or the result of processing that data from a comparable body, the Unit shall transfer the information received to any competent authority as may be appropriate for appropriate enforcement action to be taken in relation to the information received.

10. Request for passenger name record by comparable body

(1) Where the Unit receives a request from a comparable body or foreign competent authority for passenger name record data which is not depersonalised or the result of processing that data, the Unit shall—

(a) provide the requested data, if it is satisfied that the—

(i) request is duly reasoned, and

(ii) comparable body or foreign competent authority provides an equivalent level of security, in relation to the protection of personal data; or

(b) not provide the unmasked passenger name record data unless—

(i) there are reasonable grounds to believe that the disclosure of unmasked passenger name record data is necessary for the purpose of regulation 7(3), and

(ii) the Unit is satisfied that such information can be disclosed without contravening the provisions of the Data Protection Act.

(2) Where a request is received from a comparable body or foreign competent authority under subregulation (1), the Unit shall disclose any relevant information in its possession to the comparable body or foreign competent authority, on such terms of confidentiality as may be agreed between the Unit and the comparable body or foreign competent authority.

11. Request for passenger information processed by comparable body

(1) Any request made by a competent authority for passenger name record data that is processed by a comparable body shall be made through the Unit.

(2) Notwithstanding subregulation (1), a competent authority may, in the case of an emergency, make a request for passenger name record data directly to a comparable body:

Provided that—

(i) such request is made in a manner consistent with the requirements under regulation 10,

(ii) a copy of the request is sent to the Unit, forthwith, and

(iii) the competent authority only discloses the information on such terms of confidentiality as may be agreed between the comparable body and the competent authority.

12. Period of data retention

(1) The Unit shall retain passenger name record data provided or transferred by a person in charge of an aircraft, vehicle, train or vessel under regulation 6 for a period of five years from the date the person provides such data:

Provided that six months from the date the data is provided, the Unit shall depersonalise the data through obfuscation, encryption, or pseudonymisation of—

(i) names, including the names of other passengers on the passenger name record data and number of travellers travelling together on the passenger name record,

(ii) all addresses and contact information,

(iii) all forms of payment information, including billing address,

(iv) frequent flyer information,

(v) general remarks, and

(vi) any advance passenger information data.

(2) On expiry of the six months specified in subregulation (1), the Unit shall not disclose the unmasked passenger name record data unless the Unit is satisfied that the disclosure is necessary for purposes of regulation 7(3).

(3) Without prejudice to a case in which passenger name record data is transferred to a competent authority in connection with a case relating to regulation 7(2), the competent authority shall delete that data upon the expiry of the period specified in subregulation (1).

(4) Notwithstanding subregulation (1), the Unit may retain the result of processing data for a longer period as may be deemed necessary—

(a) under regulation 7(3) for purposes of informing a competent authority or comparable body of a positive match;

(b) where, following the individual review of a positive match under regulation 7(7), the individual review result proves to be negative—

(i) so as to avoid future false positives as a result of automated processing, and

(ii) on the grounds that the underlying data is not deleted pursuant to subregulation (3).

13. Maintenance of record of processing systems and procedures

The Unit shall maintain a written record of all the processing systems and procedures used by the Unit, including the—

(a) name and contact details of the personnel within the Unit entrusted with processing of passenger name record data;

(b) respective level of authorisation of such personnel to access the passenger name record data; and

14. Transitional arrangements

(1) The Unit may, with the approval of the Minister and by notice in published in the Gazette and, make such transitional arrangements as may be necessary to give force and effect to the provisions of these Regulations, including—

(a) determining the date on which the provision of advance passenger information and passenger name record in terms of regulation 6 shall begin; and

(b) fixing different dates for purposes of paragraph (a) for vehicle, train or vessel passengers, as may be necessary.

(2) Notwithstanding the revocation of the Civil Aviation (Advance Passenger Information and Passenger Name Record) Regulations (S.I. No. 150 of 2022), an aircraft operator shall, in the manner set out in—

(a) Schedule 1, transfer advance passenger information—

(i) in relation to a passenger—

(aa) once, 30 minutes prior to a scheduled time of departure for a specific flight;

(bb) once, immediately after flight closure, when all passengers have boarded the aircraft in preparation for departure and it is no longer possible to board or leave the aircraft; and

(ii) in relation to a crew member, once, immediately after flight closure in terms of paragraph (i)(bb); and

(b) Schedule 3, transfer passenger name record—

(i) 24 hours to 48 hours before a scheduled time of departure;

(ii) one to two hours before a scheduled time of departure;

(iii) immediately after flight closure in terms of paragraph (a)(i)(bb).

(3) Where there is suspicion of a threat related to crimes under regulation 7(2), the Unit may, notwithstanding the provisions of subregulation (2), require an aircraft operator to provide a passenger name record prior to, in between, or after the transfer of advance passenger information and passenger name record under subregulation (2).

SCHEDULE 1
LIST OF ADVANCE PASSENGER INFORMATION (API) DATA ELEMENTS (AIRCRAFT)

(regs 2 and 14(2)(a))

1.-DATA RELATING TO THE FLIGHT:	Full details of a flight
a) Flight Identification
– (IATA Airline code and flight number)
– scheduled departure time
b) (date of scheduled departure of aircraft (based on local time of departure location)
– scheduled departure time
c) (time of scheduled departure of aircraft (based on local time of departure location))
– scheduled arrival date
d) (date of scheduled arrival of aircraft (based on local time of arrival location))
– scheduled arrival time
e) (time of scheduled arrival of aircraft (based on local time of arrival location))
– last place or port of call of aircraft
f) (aircraft departed from this last foreign place or port of call to go to “place or port of aircraft initial arrival”)
– place or port of aircraft initial arrival
g) (place or port in the country of destination where the aircraft arrives from the “last place or port of call of aircraft”)
– subsequent place or port of call within the country
h) (subsequent place or port of call within the country)
– number of passengers
i) (total number of passengers on the fight)
2. DATA RELATING TO EACH INDIVIDUAL PASSENGER:	Details of a passenger
a) core data elements as may be found in the machine-readable zone of the official travel document
– official travel document number
b) (passport or other official travel document number)
– issuing State or organisation of the official travel document
c) (name of the State or organisation responsible for the issuance of the official travel document)
– official travel document type
d) (indicator to identify type of official travel (document)
– expiration date of official travel document
e) (expiration date of the official travel document)
– surname or given name(s)
f) (family name and given name(s) of the holder as it appears on the official travel document)
– nationality
g) (nationality of the holder)
– date of birth
h) (date of birth of the holder)
– gender
i) (gender of the holder)

3. ADDITIONAL DATA ELEMENTS NORMALLY FOUND IN AIRLINE SYSTEMS:
– seating information
a) (specific seat assigned to the passenger for this fight)
– baggage information
b) (number of checked bags, and where required, the baggage tag numbers and total weight)
– travel status
c) (passenger, crew, in-transit)
– place or port of original embarkation
d) (place or port where traveller originates foreign travel)
– place or port of clearance
e) (place or port where the traveller is cleared by the Border Control Agencies)
– place or port of onward foreign destination
f) (foreign place or port where traveller is transiting to) – passenger name record locator number (or unique identifier)
(As available in the traveller’s Passenger Name Record in the carrier’s airline reservation system)

SCHEDULE 2
LIST OF ADVANCE PASSENGER INFORMATION (API) DATA ELEMENTS (VEHICLE, TRAIN OR VESSEL)

(reg 2)

1. PARTICULARS OF A MEMBER OF CREW
(a) information as provided on the member of crew’s travel document—
(i) full name;
(ii) gender;
(iii) date of birth;
(iv) nationality;
(v) type of travel document held;
(vi) number of travel document held;
(vii) expiry date of travel document held; and
(viii) issuing State of travel document held;
(b) where a travel document is not held, the type of identification relied upon together with the number, expiry date and issuing State of that identification;
(c) the vehicle registration number of any vehicle in which the member of crew is travelling and which is being transported by ship or by aircraft or by through train and, if the vehicle has a trailer, the trailer registration number;
(d) the number of crew on board the aircraft, vehicle or train;
(e) the fact that the person is a member of crew; and
(f) in relation to crew on a vessel—
(i) the place of birth of the member of crew; and
(ii) the rank, rating or equivalent of the member of crew.
2. INFORMATION RELATING TO PASSENGERS
(a) information as provided on the passenger’s travel document—
(i) full name;
(ii) gender;
(iii) date of birth;
(iv) nationality;
(v) type of travel document held;
(vi) number of travel document held;
(vii) expiry date of travel document held; and
(viii) issuing State of travel document held;
(b) where a travel document is not held, the type of identification relied upon together with the number, expiry date and issuing State of that identification; and
(c) the vehicle registration number of any vehicle in which the passenger is travelling and which is being transported by ship or by aircraft or by through train or shuttle train and, if the vehicle has a trailer, the trailer registration number.
3. INFORMATION RELATING TO A VOYAGE OR INTERNATIONAL SERVICE
(a) vessel name or number, train service number or carrier running number;
(b) name of carrier;
(c) nationality of vessel;
(d) scheduled departure date;
(e) scheduled departure time;
(f) scheduled arrival date;
(g) scheduled arrival time;
(h) place and country from which the voyage or international service departed immediately prior to arrival in Botswana;
(i) place in Botswana into which the voyage or international service first arrives;
(j) any place in Botswana to which a voyage or international service which has arrived Botswana from overseas will subsequently go; and
(k) number of passengers.

4. DETAILS IN RESPECT OF A PASSENGER
(a) name as it appears on the reservation;
(b) place of birth;
(c) issue date of travel document;
(d) address;
(e) sex;
(f) any contact telephone number;
(g) e-mail address;
(h) travel status of passenger, which indicates whether reservation is confirmed or provisional and whether the passenger has checked in;
(i) the number of pieces and description of any baggage carried;
(j) any documentation provided to the passenger in respect of his or her baggage;
(k) date of intended travel;
(l) ticket number;
(m) date and place of ticket issue;
(n) seat number allocated;
(o) seat number requested;
(p) check-in time, regardless of method;
(q) date on which reservation was made;
(r) identity of any person who made the reservation;
(s) any travel agent used;
(t) any other name that appears on the passenger’s reservation;
(u) number of passengers on the same reservation;
(v) complete travel itinerary for passengers on the same reservation;
(w) the fact that a reservation in respect of more than one passenger has been divided due to a change in itinerary for one or more but not all of the passengers;
(x) Code Share Details (10);
(y) method of payment used to purchase ticket or make a reservation;
(z) details of the method of payment used, including the number of any credit, debit or other card used;
(aa) billing address;
(bb) booking reference number, Passenger Name Record Locator and other data locator used by the carrier to locate the passenger within its information system;
(cc) the class of transport reserved;
(dd) the fact that the reservation is in respect of a one-way journey;
(ee) all historical changes to the reservation;
(ff) General Remarks;
(gg) Other Service Information (OSI);
(hh) System Service Information (SSI) and System Service Request information (SSR);
(ii) identity of the individual who checked the passenger in for the voyage or international service;
(jj) Outbound Indicator, which identifies where a passenger is to travel on to from Botswana;
(kk) Inbound Connection Indicator, which identifies where a passenger started his or her journey before he or she travels Botswana;
(ll) the fact that the passenger is travelling as part of a group;
(mm) the expiry date of any entry clearance held in respect of Botswana;
(nn) card number and type of any frequent flyer or similar scheme used;
(oo) Automated Ticket Fare Quote (ATFQ), which indicates the fare quoted and charged;
(pp) the fact that the passenger is under the age of eighteen and unaccompanied; and
(qq) where the passenger is a person under the age of eighteen and unaccompanied—
(i) age;
(ii) languages spoken;
(iii) any special instructions provided;
(iv) the name of any departure agent who will receive instructions regarding the care of the passenger;
(v) the name of any transit agent who will receive instructions regarding the care of the passenger;
(vi) the name of any arrival agent who will receive instructions regarding the care of the passenger;
(vii) the following details in respect of the guardian on departure—
(aa) name;
(bb) address;
(cc) any contact telephone number; and
(dd) relationship to passenger; and
(viii) the following details in respect of the guardian on arrival—
(aa) name;
(bb) address;
(cc) any contact telephone number; and
(dd) relationship to passenger.

SCHEDULE 3
LIST OF PASSENGER NAME RECORD (PNR) DATA ELEMENTS

(regs 2 and 14(2)(b))

1. PNR name details	Component data elements Passenger name, family name, Given name or initial, other names on PNR
2. Address details	Contact address, billing address, emergency contact, email address, mailing address, home address, intended address [in State requiring PNR data transfer]
3. Contact telephone number(s)	[Telephone details]
4. Any collected API data	Refer to Schedule 1 paragraph 1
5. Frequent flyer information	Information frequent flyer account number and elite level status
6. PNR locator code	File locator number, booking reference and reservation tracking number
7. Number of passenger on PNR	[Number]
8. Passenger travel status	Standby information
9. All date information	PNR creation date, booking date, reservation date, departure date, arrival date, PNR first travel date, PNR last modification date, ticket issue date, “first intended” travel date, date of first arrival [in State requiring PNR data transfer], late booking date for flight
10. Split/divided PNR information	Multiple passengers on PNR, other passengers on PNR, other PNR on single passenger booking
11. All ticketing field information	Date of ticket issue or purchase, selling class of travel, issue city, ticket number, one-way ticket, ticket issue city, automatic fare quote (ATFQ) fields
12. All travel itinerary for PNR	PNR fight itinerary segments or ports, itinerary history, origin city or board point, destination city, active itinerary segments, cancelled segments, layover days, flown segments, fight information, fight departure date, board point, arrival port, open segments, alternate routing unknown (ARNK) segments, non-air segments, inbound fight connection details, on-carriage information, confirmation status
13. Form of payment (FOP) information	All FOP (cash, electronic, credit card number and expiry date, prepaid ticket advice (PTA), exchange), details of person or agency paying for ticket, staff, rebate codes
14. All check-in information	Generally available only after fight close-out: check-in security number, check-in agent Identification, check-in time, check-in status, confirmation status, boarding number, boarding indicator, check-in order
15. All seat information	Seats requested in advance; actual seats only after fight close-out
16. All baggage information*	Generally available from DCS only after fight closeout: number of bags, bag tag numbers, weight of bags, all pooled baggage information, head of pool, number of bags in pool, bag carrier code, bag status, bag destination or offload point
17. Travel agent information	Travel agency details, name, address, contact details, IATA code
18. Received-from information	Name of person making the booking
19. Go-show information*	Generally available only after check-in and fight close-out: go-show identifier
20. No-show information*	Only available after fight close-out: no-show history
21. General remarks. All information in general remarks section Free text/code fields in OSI, SSR, SSI, remarks/history codes	All IATA codes