NATIONAL ARCHIVES AND RECORDS SERVICES: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
National Archives and Records Services (Declaration of Secrecy) Regulations
National Archives and Records Services Regulations
NATIONAL ARCHIVES AND RECORD SERVICES (DECLARATION OF SECRECY) REGULATIONS
(section 22)
(12th August, 1983)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Declaration of secrecy
Schedule – Declaration of Secrecy
S.I. 92, 1983,
Act 14, 2007.
These Regulations may be cited as the National Archives and Records Services (Declaration of Secrecy) Regulations.
Every person who is appointed under or employed in carrying out the provisions of the Act shall make and subscribe before a commissioner of oaths a declaration of secrecy in the form set in the Schedule.
SCHEDULE
DECLARATION OF SECRECY
(section 9(2))
(reg. 2)
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REPUBLIC OF BOTSWANA |
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NATIONAL ARCHIVES AND RECORDS SERVICES ACT |
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(Cap. 59:04) |
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I, ……………………………………………………………………………………………………………………… (full name of declarant) |
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being appointed under or employed in carrying out the provisions of the National Archives and Records Services Act, do hereby solemnly, sincerely and truly declare and affirm that I will not disclose, either directly or indirectly, to any unauthorised person any information contained in public records which are secret or confidential or to which access may be restricted or permit any unauthorised person to have access to such records. |
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Made and subscribed before me at ………………………………………. this ………… day of ……………………….., 20 ……………. |
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NATIONAL ARCHIVES AND RECORDS SERVICES REGULATIONS
(section 22)
(30th December, 2011)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Interpretation
3. Application
PART II
Transfer of Public Records
4. Primary appraisal of semi-current records
5. Application for approval to transfer records
6. Issue of approval to transfer records
7. Rejection of application to transfer records
8. Access to transferred records
9. Transfer of records between Ministries or Government Departments
10. Retention and disposition of public records
PART III
Reproduction of Public Archives
11. Reproduction of archives
12. Reproduction of audio tapes, etc. or cine films
13. Broadcast of audio tape, etc. or cine film
14. Photographic shots of archives
15. Fees
PART IV
Access to and Use of Public Archives
16. Access to archives by public officers
17. Loan of publications to public officers
18. Consultation of archives by members of the public
19. Use of archives
20. Restriction to access of archives by members of the public
21. Access to semi-current records by members of public
22. Hours of operation
23. Prohibition of smoking, eating, etc.
PART V
Management and Protection of Public Records
24. Responsibility for public records
25. Record classification system
26. Records Manager
PART VI
General
27. Export of archives
28. Donation of private archives
Schedule 1 — Forms
Schedule 2 — Prescribed fees
S.I. 116, 2011.
PART I
Preliminary (regs 1-3)
These Regulations may be cited as the National Archives and Records Services Regulations.
(1) In these Regulations, unless the context otherwise requires—
“accession list” means a form used to capture records which are contained in a box;
“appraisal” means the process of assessing and determining the value of records for their disposition;
“archives officer” means an official of the National Archives and Records Services responsible for maintaining and preserving archives;
“Archives Repository” means a facility designated for the storage of public records which have been selected for preservation as archives.
“consignment” means a collection of records which are transferred to a Records Centre at the same time;
“consignment booklet” means a compilation of accession lists, with location numbers, for a particular consignment;
“location number” means a unique number given to a box containing records in a record centre;
“Records Centre” means a facility designated for storage of semi-current records by the National Archives and Records Services;
“record creating agency” means a ministry or government department responsible for producing a particular record;
“Record Management Procedures Manual” means a document published by the National Archives and Record Services which sets out procedures for the management of public sector records;
“semi-current records” means records that are infrequently consulted for current official business and have been inactive for at least a period of three years;
“transfer” means a change of custody, ownership and responsibility for public records; and
“publication” means books, published reports and pamphlets and include reports, periodicals and reprints of articles from periodicals, newspapers, maps, plans, illustrations and other materials whether printed, micrographed or produced by other processes, issued for sale or for free to members of the public.
These Regulations shall apply to all places of deposit and prescribed bodies.
PART II
Transfer of Public Records (regs 4-10)
4. Primary appraisal of semi-current records
(1) A record creating agency shall not transfer semi-current records to a Record Centre unless the records have been subjected to a primary appraisal exercise and were found to have a continuing value.
(2) Public records that have been selected for preservation shall be transferred to the Records Centre.
(3) A record creating agency shall, before destroying records, apply to the Director for approval to destroy such records.
(4) Where the Director approves destruction of records, he shall issue a certificate of destruction in Form B set out in Schedule 1.
5. Application for approval to transfer records
An application for approval to transfer semi-current records shall be made to the Director in writing, accompanied by a typed accession list of the records to be transferred as set out in Form A of Schedule 1.
6. Issue of approval to transfer records
(1) The Director may, if he is satisfied that the requirements of regulation 4 have been met, issue a written approval to transfer semi- current records and shall specify the date on which such semi-current records are to be transferred by the record creating agency, which date must be adhered to.
(2) The record creating agency shall, while awaiting transfer, systematically store such records in a safe, secure, dust free and insect free environment.
(3) Upon transfer of semi-current records to a records centre, the National Archives and Records Services shall—
(a) update the accession lists to indicate the date of preservation or destruction and the Records Centre location number; and
(b) produce a consignment booklet in duplicate and issue a copy to the record creating agency.
7. Rejection of application to transfer records
(1) The Director may reject an application for approval to transfer records after having inspected the records where the records—
(a) have not undergone primary appraisal;
(b) have not been properly accessioned and boxed; and
(c) are to be used for a short time and ought to have been destroyed in line with their retention periods.
(2) The Director shall reject an application to transfer records in writing and shall give reasons for rejecting such an application.
(3) A record creating agency whose application has been rejected by the Director may resubmit their application taking into consideration the reasons advanced by the Director for rejecting the first application.
8. Access to transferred records
(1) Subject to the provisions of regulation 9(2), a record creating agency which wishes to have access to records that have been transferred shall make a written request to the Director submitted through its records management personnel and shall provide the following information—
(a) file title and file number; and
(b) records centre location number as specified in the consignment booklet.
(2) Records that have been retrieved in accordance with this regulation shall be returned to the Records Centre within two weeks by the record creating agency.
(3) Where the record creating agency requires the records for a period of more than two weeks, it shall apply in writing to the Director for the extension of time.
9. Transfer of records between Ministries or Government Departments
(1) Where there is need for transfer of active public records between Ministries or Government departments, the officer responsible for the record creating agency shall make a written request to the Director for approval to transfer such records to the receiving agency.
(2) Records to be transferred shall, where possible be copies of the originals, such that originals remain with the record creating agency and the copies so transferred shall be used for reference purposes only and maintained as semi-current records.
10. Retention and disposition of public records
(1) Public records shall be retained for a period of 20 years, after which period they shall be subjected to a secondary appraisal exercise to determine whether they should be destroyed, preserved or subjected to a further appraisal exercise.
(2) Public records that have been selected for preservation shall be transferred to the Archives Repository and shall be accessible to the members of the public.
(3) Public records that have been selected for destruction shall be destroyed in a safe and environmentally friendly manner.
(4) Where a ministry or government department is consulted by the Director regarding appraisal decisions, it shall respond within 30 days, failing which appraisal decisions shall be effected.
(5) Notwithstanding the provisions of subregulation (1), a ministry or government department may determine its own retention period for records which are specific to their functions, subject to approval by the Director.
PART III
Reproduction of Public Archives (regs 11-15)
(1) A person shall not reproduce or publish the whole or any part of the contents of any public archive which has been transferred to the National Archives and Records Services without the written permission of the Director.
(2) A person who wishes to reproduce any type of public archive shall make a request in writing for reproduction during weekdays at the National Archives and Records Services.
(3) Where the Director has given written permission to reproduce archives, reproduction shall, on a payment of a fee specified in Schedule 2, be done by an archives officer in-house to ensure that no reproduction of a whole series or file of any archive is done.
(4) Where facilities for reproduction are not available at the National Archives and Records Services, the Director may make arrangement for reproduction at any government department or private organisation under the strict supervision of an archives officer.
(5) All archives reproduced shall bear a National Archives and Records Services stamp or logo to show that the reproduction is an authentic copy.
(6) The National Archives and Record Services may refuse reproduction of public archives if the archives are in poor physical condition in order to ensure their preservation.
12. Reproduction of audio tapes, etc. or cine films
(1) The National Archives and Record Services shall not reproduce any audio or video tapes or cine films unless they are produced by a Government department, and the concerned Government department has given permission for the reproduction and where copyright cannot be established, the Director shall decide whether reproduction can take place or not.
(2) Unless where provided otherwise by law, where the audio or video tape or cine film is produced by a private individual or organisation, a copy shall be sought from the producer of such audio or video tape or cine film.
13. Broadcast of audio tape, etc. or cine film
A person shall not broadcast an audio or video tape or cine film obtained from National Archives and Records Services unless—
(a) written permission from the Director has been obtained;
(b) a fee specified in Schedule 2 has been paid to the National Archives and Records Services; and
(c) an acknowledgement has been made that National Archives and Records Services is the source of such audio or video tape or cine film.
14. Photographic shots of archives
(1) A person may take photographic shots of public archives in the National Archives and Records Services provided that no flash light is used.
(2) Photographs taken in accordance with subregulation (1) shall not be published or displayed unless—
(a) written permission from the Director has been obtained;
(b) a fee specified in Schedule 2 has been paid to the National Archives and Records Services; and
(c) an acknowledgement is made in the publication that the National Archives and Records Services is the source of the photographs.
There shall be paid, as set out in Schedule 2, fees and charges for reproduction of archives.
PART IV
Access to and Use of Public Archives (regs 16-23)
16. Access to archives by public officers
(1) Access of archives in the National Archives and Records Services by public officers shall take place in the archives search room in accordance with the general search room rules on access and use of archives.
(2) Subject to regulation 8, a public officer may on the written approval of his head of department be allowed access to semi-current records that are less than 20 years old, and have been transferred to the National Archives and Records Services.
(3) The Director may deny a public officer access to the search room if the public officer does not comply with these Regulations and the search room rules pertaining to the handling of archives.
17. Loan of publications to public officers
(1) A publication which is an archive may be issued on loan to a public officer to be used outside of the search room for a period of one month.
(2) Notwithstanding subregulation (1), a publication which is assessed to be irreplaceable shall not be loaned to a public officer for use outside the search room.
(3) Where a public officer has been issued with a publication on loan in terms of subregulation (1), such public officer shall be held personally liable for the safekeeping and the return of the publication.
(4) Where a publication issued on loan to a public officer is not returned within a period of one month from the date of issue, the public officer issued with the publication shall, if the publication is replaceable, pay the actual cost of replacement and a fee of P50 towards administrative expenses.
18. Consultation of archives by members of public
Access to and consultation of archives by members of the public shall take place in the search room and there shall be no unauthorised removal of archives from the search room.
(1) A member of the public who wishes to access and use any archives in the search room shall write and sign his name in a user’s attendance register provided by National Archives and Records Services.
(2) A member of the public may use a maximum of four archives at a time.
(3) A member of the public who uses archives for academic research purposes shall deposit copies of their published or broadcast work with National Archives and Records Services.
(4) When using archives, a member of the public shall observe rules pertaining to the handling of archives laid down by the National Archives and Records Services, including but not limited to the following—
(a) that the order of archives shall not be disturbed;
(b) that writing or the making of any mark on any archive is prohibited;
(c) that the use of fountain pens to take notes is prohibited;
(d) that any damage to archives or taking pages out of archives is prohibited;
(e) that all archives shall be returned to the service desk after use; and
(f) that children under the age of 12 years old shall be accompanied by an adult into the search rooms.
(5) Any person who contravenes the provisions of subregulation (4) commits an offence and is liable to a fine not exceeding P1000.
20. Restriction to access of archives by members of the public
(1) The Director may restrict access to public archives by members of the public where he considers it in the public interest to do so.
(2) Any member of the public who wishes to access public archives whose access has been restricted by the Director may make an application in writing to the Director for waiver of such restriction.
(3) The Director may, if he considers it necessary or expedient having regard to these Regulations, waive the restrictions imposed by subregulation (1).
(4) Any person aggrieved by the decision of the Director under this regulation may appeal to the Minister within 30 days of notification of that decision.
21. Access to semi-current records by members of public
(1) A member of the public shall not access semi-current records which have been transferred to a record centre.
(2) Notwithstanding subregulation (1), a record creating agency may, on application by any member of the public who wishes to access semi- current records, and where it considers it to be in the public interest, issue such member of the public written permission to access the semi-current records.
The search rooms shall be open to access by the public between 07.30 a.m. and 16.30 p.m. on Mondays to Fridays and between 09.00 a.m. and 12.00 p.m. on Saturdays.
23. Prohibition of smoking, eating, etc.
(1) Any person admitted into a search room where archives are used shall not smoke, eat, drink, use a mobile phone or carry any bag, receptacle or any container into the search room.
(2) Any person who contravenes the provisions of subregulation (1) commits an offence and is liable to a fine not exceeding P100, or suspension from the admission into the search room for a period of three months, or to both.
PART V
Management and Protection of Public Records (regs 24-26)
24. Responsibility for public records
(1) The Permanent Secretary or accounting officer of a Government Department shall be responsible for ensuring that all public records of such department—
(a) receive appropriate physical care;
(b) are protected by appropriate security measures; and
(c) are managed in accordance with the Record Management Procedures Manual.
(2) The Permanent Secretary or accounting officer of a Government Department shall nominate or cause to be nominated a records committee whose terms of reference shall be provided by the National Archives and Records Services and shall be responsible for management of records of such department.
25. Record classification system
(1) A government department shall not use a record classification system unless it has been approved by the Director.
(2) Any revision of and additions to the approved record classification system shall be submitted to the Director for approval in accordance with procedures set out by the Director.
An officer designated as the records manager of a Government Department shall be responsible for promoting the effective, efficient and accountable management of the government department’s records and ensuring, by inspections and other means, the government department’s compliance with these Regulations.
PART VI
General (ss 27-28)
Any person who wishes to export from Botswana any public archive shall apply for a permit from the Director in Form C specified in Schedule 1 to these Regulations.
28. Donation of private archives
Any person who wishes to donate by way of a gift or bequest any private archive to the National Archives and Records Services shall do so in Form D set out in Schedule 1 to these Regulations.
SCHEDULE 1
Form A
ACCESSION LIST
(reg. 5)
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Ministry/Department/Office …………….. Page No ………………… Consignment No …………………. |
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Box No. |
File No. |
Description of Records |
Covering dates For Records Centre Use |
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From |
To |
Transfer Date |
Records Centre Location Number |
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Consignment transferred by: |
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Consignment received & processed by: |
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Name ……………………………………. |
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Name …………………………………. |
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Date ……………………………………… |
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Date ……………………………………. |
Form B
RECORDS DESTRUCTION CERTIFICATE
(reg. 4(4))
This form documents the destruction of public records in accordance with the National Archives and Records Services Act (Cap. 59:04) Section 11.
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Name and Address of Creating Ministry/ Department: |
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P.O. Box 239, Corner State Drive and Parliament Drive, Government Enclave, Gaborone, Botswana. Telephone No. 3911820, Fax: 3908545, E-mail: archives@gov.bw |
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2. |
Records Custodian’s Details |
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Name (Print): ___________________________ |
Designation: _______________________ |
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3. |
Certification of Destruction Statement |
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I hereby certify that the following records listed below were disposed of by: |
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Recycling |
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Shredding |
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Incineration |
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Maceration |
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Pulverisation |
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Other: ___________________________ On (date) ___________________________ |
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We certify that the records listed below have been retained for the scheduled retention period, required audits have been completed and no pending or ongoing litigation or investigation involving these records is known to exist. |
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4. |
Details of Destroyed Records: |
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Consignment: Number: |
Number of Boxes: |
Number of Files: |
Covering Dates: |
function a1(msg) { myWindow=window.open(”,”,’width=494,height=108,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}<a href="javascript:void()" style="color:#FF0000;" onclick="a1('Please attach a detailed Destruction List, and indicate number of pages attached at 4 above.‘)”>FIND*”/>Pages Attached: |
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5. |
Signature: |
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Records Custodian: _________________________ Witness: _________________________ |
Form C
APPLICATION FOR EXPORT OF ARCHIVES
(reg. 27)
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Section 1 – To Be Completed By the Applicant |
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Name: _________________________________ Telephone/Fax No. _____________ / __________ |
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Organisation: _____________________________________________________________________ |
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Address: ________________________________________________________________________ |
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Description of Item (Include Attachment If Necessary): |
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_________________________________________________________________________________ |
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_________________________________________________________________________________ |
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Location of the Document(s): |
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_________________________________________________________________________________ |
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Country of Export: ____________________________ City: _______________________________ |
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Date of Departure: ____________________________ Date of Return: _______________________ |
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Reason for Export: _________________________________________________________________ |
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Section 2 – To Be Completed By the Director, Botswana National Archives and Records Services. |
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Approved: |
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Not Approved: |
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Comments: _______________________________________________________________________ |
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Name: _____________________________________ Designation: _________________________ |
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Signature: __________________________________ Date: _______________________________ |
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* Failure to return archives by the stipulated date above is an offense punishable by law. |
Form D
DEED OF GIFT
(reg. 28)
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1. Materials Transfer: |
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1.1 I, the undersigned Donor, do hereby donate and convey to the Botswana National Archives and Records Services all rights, title and interest that I possess in the following materials: |
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Description (include attachment if necessary): |
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__________________________________________________________________________ |
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__________________________________________________________________________ |
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__________________________________________________________________________ |
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Date of Receipt of Materials by BNARS: _______________________ |
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1.2 I understand that the location, retention, cataloguing and preservation of the materials or other considerations relating to their use or disposition are at the discretion of the Botswana National Archives and Records Services. Materials added to the collections shall be accessible to all persons qualified to use materials in the Archives, subject to the terms and conditions, if any, stated below. |
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2. Terms and Conditions: |
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2.1 Copyright Interests: |
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_______ I represent and warrant that I control the copyright in some or all of the donated materials. (Please indicate below the materials for which you control the copyright and the nature of your copyright control, e.g., sole or joint owners, heirs, literary executors, trustees.) |
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_______ I do not control copyright in any of the donated materials. |
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_______ To the best of my knowledge, the copyright is controlled by |
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Name: _______________________________________________________________________ |
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Address: _____________________________________________________________________ |
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Phone Number: _______________________________________________________________ |
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E-mail address: _______________________________________________________________ |
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2.2 Copyright Conveyance: |
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a. If you wish to transfer, convey and assign to the Botswana National Archives and Records Services, any copyright which you control in the above-named materials, subject to the limitations, if any, stated below, |
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b. If you do not wish to transfer copyright, but give permission for Botswana National Archives and Records |
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3. Agreement: |
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I represent and warrant that I am the sole owner of the materials described above and that I have full right, power and authority to give the materials to the Botswana National Archives and Records Services. I have received an explanation of all terms and conditions of this Deed of Gift and agree to them as indicated by my |
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I understand the contents of the agreement and acknowledge that the information I have provided is accurate. |
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Donor’s signature: _________________________________ Date:________________ |
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Donor’s name and address: _____________________________________________________ |
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_____________________________________________________________________________ |
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Phone Number: ______________________________________________________________ |
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E-mail address: ______________________________________________________________ |
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The Botswana National Archives and Records Services gratefully acknowledges receipt of this gift and agrees to the stipulations outlined above. |
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Director’s signature: _______________________________ Date:_____________________ |
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The Botswana National Archives and Records Services, Government Enclave, P.O. Box 239. Gaborone, Botswana. Telephone No. 00267 3911820. Fax: 00267 3908545. E-mail: archives@sov.bw archives@sov.bw |
SCHEDULE 2
PRESCRIBED FEES
(reg. 15)
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Description/Medium |
Reproduction Process |
Size |
Fee (BWP) |
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Paper |
Photocopy (black & white) |
A4 |
1.00 |
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A3 |
2.00 |
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Printing – Computer (black & white) |
A4 |
1.50 |
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Microforms |
Reproduction Process |
size/length |
Fee (BWP) |
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Print Paper copy |
A4 |
2.00 |
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Duplication |
16mm/frame |
5.00 |
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Duplication |
3 5 mm/frame |
5.00 |
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Photographs |
Colour |
Print Image (BWP) |
On CD – tif 300dpi (BWP) |
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o4″ x6″ |
B/White |
120.00 |
100.00 |
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Colour |
120.00 |
100.00 |
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o 5″ x7″ |
B/White |
120.00 |
100.00 |
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Colour |
120.00 |
100.00 |
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o6″ x8″ |
B/White |
120.00 |
100.00 |
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Colour |
120.00 |
100.00 |
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o8″ x10″ |
B/White |
120.00 |
100.00 |
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o |
Colour |
120.00 |
100.00 |
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o8″ x12″ |
B/White |
120.00 |
100.00 |
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Colour |
120.00 |
100.00 |
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Audio Visual Materials |
Reproduction Process |
Size |
Fee (BWP) |
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o Audio Tape |
Duplicate |
Per Minute |
20.00 |
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o Video Tapes |
Duplicate |
Per Minute |
40.00 |
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o Films |
Duplicate |
Per Minute |
100.00 |