FINANCIAL INTELLIGENCE: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Financial Intelligence Regulations

Financial Intelligence (Implementation of United Nations Security Council Resolutions) Regulations

FINANCIAL INTELLIGENCE (IMPLEMENTATION OF UNITED NATIONS SECURITY COUNCIL RESOLUTIONS) REGULATIONS

(section 63)

(25th February, 2022)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

1. Citation

2. Interpretation

3. Application

PART II
Listing and De-Listing

4. National listing

5. Request for national listing by foreign country

6. Freezing of property held by nationally listed person, entity or structured group

7. Application for review

8. Publication of national listing

9. Proposing names for designation to United Nations Security Council

10. Designations made by United Nations Security Council

11. Freezing of property held by designated person

12. Claim by third party

13. National de-listing

14. Application for de-listing from United Nations Security Council List

15. Unfreezing of property following de-listing from United Nations Security Council List

16. Basis for maintaining property freeze after de-listing

17. Application to unfreeze where property was frozen in error

PART III
Conditions and Procedure for Utilisation of Frozen Property

18. Approval of usage of property by nationally listed person, entity or structured group

19. Procedure for approval and utilisation of frozen property of designated person, entity or group

PART IV
Prohibitions and Sanctions in Relation to Designated Persons, Entities or Groups or Nationally Listed Persons, Entities or Structured Groups

20. Prohibition on dealing with property held by designated or nationally listed person

21. Prohibition of making property, etc. available to designated or nationally listed person

22. Prohibition of travel by designated or nationally listed person

23. Prohibition of landing and taking off of certain aircrafts

PART V
Information

24. Circulation of lists

25. Notice of amendment to lists to be given

PART VI
General

26. Failure to file return report

27. Applications to Court

28. Revocation of S.I. No. 9 of 2020

29. Savings

S.I. 13, 2022.

PART I
Preliminary (regs 1-3)

1. Citation

These Regulations may be cited as the Financial Intelligence (Implementation of United Nations Security Council Resolutions) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“applicable resolutions” means the current United Nations Security Council Resolutions and future successor Resolutions relating to—

(a) the prevention and suppression of terrorism;

(b) countering financing of terrorism;

(d) any other threat to international peace and security as determined by the United Nations Security Council,

issued under Chapter VII of the United Nations Charter, including but not limited to the following Resolutions—

(i) Resolution 1267 of 1999;

(ii) Resolution 1373 of 2001;

(iii) Resolution 1718 of 2006;

(iv) Resolution 1874 of 2009;

(v) Resolution 2087 of 2013;

(vi) Resolution 2094 of 2013;

(vii) Resolution 2231 of 2015;

(viii) Resolution 2253 of 2015;

(ix) Resolution 2270 of 2016;

(x) Resolution 2321 of 2016; and

(xi) Resolution 2356 of 2017;

“Directorate” means Directorate of Intelligence and Security;

“focal point” means the organ established pursuant to the United Nations Security Council Resolution 1730 of 2006 to—

(a) receive requests for the de-listing of United Nations Security Council listed persons other than persons listed under the ISIL (Da’esh) and Al-Qaida Sanctions regime;

(b) receive and transmit to the United Nations Security Council ISIL (Da’esh) and Al-Qaida Sanctions Committee communications from individuals who—

(i) have been removed from the ISIL (Da’esh) and Al-Qaida Sanctions List, and

(ii) claim to have been subjected to the sanctions measures as a result of false or mistaken identification or confusion with individuals listed on the ISIL (Da’esh) and Al-Qaida Sanctions List; and

(c) receive requests from a listed person, entity or structured group for exemptions from the travel ban and asset freeze for all United Nations Security Council sanctions regimes pursuant to Resolution 2255 of 2015;

“freeze” means to prohibit the transfer, conversion, disposition or movement of any property or economic resources including oil and natural resources that are owned or controlled by a designated person or entity or by a nationally listed person or group, on the basis of, and for the duration of or the validity of an action initiated by a United Nations Security Council, in accordance with the applicable resolution, a competent national authority or a court of competent jurisdiction;

“national list” means the list of names of persons, entities or structured groups declared by the Minister as terrorist or terrorist groups, whom authorities must take action for the prevention and combating of terrorist activities specified in the Counter-Terrorism Act (Cap. 08:08);

“Office of the Ombudsperson” means the organ established pursuant to the United Nations Security Council Resolution 1904 of 2009 to receive requests from individuals, groups, undertakings or entities seeking to be removed from the ISIL (Da’esh) and Al-Qaida Sanctions List; and

“United Nations Security Council 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.

3. Application

These Regulations shall apply to—

(a) a designated person, entity or group;

(b) a nationally listed person, entity or structured group;

(d) a supervisory authority;

(e) an accountable institution;

(f) a relevant Government agency or department; and

(g) any person in Botswana including a person who is not a citizen of Botswana.

PART II
Listing and De-Listing (regs 4-17)

4. National listing

(1) The Director General of the Directorate shall submit information in relation to a person, entity or structured group to the Committee, in writing where—

(a) a person, entity or structured group has been convicted of an offence under the Counter-Terrorism Act (Cap. 08:08); or

(b) based on intelligence information, the Directorate has reasonable grounds to believe that the person, entity or structured group—

(i) is engaged in terrorism,

(ii) is owned wholly or jointly by a nationally listed person, entity or structured group, or designated person, entity or group,

(iii) is controlled directly or indirectly by a nationally listed person, entity or structured group, or a designated person, entity or group,

(iv) is acting on behalf of a nationally listed person, entity or structured group, or a designated person, entity or group, or

(v) is acting at the direction of a nationally listed person, entity or structured group, or a designated person, entity or group.

(2) The information pertaining to a person, entity or structured group for purposes of subregulation (1) shall include, where available, the—

(a) name of the person, family and pseudo names, any alias, including any alternative names and spelling, and titles of the person or group;

(b) place and date of birth or if—

(i) a company, the name of the company, the names of its directors, shareholders and beneficial owners, the date of registration or incorporation including the registration number and any other entity identification information, or

(ii) a trust, or other legal arrangement, the registered name of the trust or legal arrangement, the names of trustees or persons exercising ultimate control of the trust or legal arrangement and beneficial owners of the trust or legal arrangement, the date of registration or incorporation of the trust or legal arrangement, including the registration number and any other entity identification information;

(d) passport number, identity card number or registration number;

(e) gender;

(f) physical, postal and electronic mail addresses;

(g) occupation; and

(h) any other information which the Committee considers relevant.

(3) Upon receipt of a signed copy of a judgment convicting a person, entity or structured group of an offence under the Counter-Terrorism Act, the Committee shall, without delay, make a recommendation to the Minister to declare the person, entity or structured group as a terrorist or a terrorist group.

(4) Upon receipt of a recommendation from the Committee relating to a convicted person, entity or structured group, the Minister shall declare the person, entity or structured group a terrorist or terrorist group.

(5) Where the Committee is in receipt of information referred to in subregulation (1)(b), the Committee shall, if satisfied that the information meets the criteria for declaring a person, entity or structured group as a terrorist or terrorist group, make a recommendation to the Minister to declare the person, entity or structured group as a terrorist or terrorist group.

(6) Upon receipt of a recommendation from the Committee based on intelligence information, the Minister may, if satisfied that the recommendation meets the designation criteria, declare the person, entity or structured group a terrorist or terrorist group.

5. Request for national listing by foreign country

(1) Where a request for national listing is made by a foreign country, the request shall be submitted to the Director of Public Prosecutions in accordance with the Mutual Assistance in Criminal Matters Act (Cap. 08:04).

(2) Notwithstanding the provisions of the Mutual Assistance in Criminal Matters Act, upon receipt of a request from a foreign country, the Director of Public Prosecutions shall immediately forward the request to the Chairperson of the Committee or any member of the Committee authorised in writing by the Chairperson of the Committee for that purpose.

(3) The request for national listing by a foreign country referred to in subregulation (1) shall follow the process for national listing in regulation 4.

6. Freezing of property held by nationally listed person, entity or structured group

(1) Where the Minister nationally lists a person, entity or structured group, under regulation 4 or 5, the Chairperson of the Committee or any other member of the Committee, authorised in writing by the Chairperson of the Committee for that purpose, shall, without delay, cause a police officer or Director of Public Prosecutions to make an ex parte application to a court, for a freezing Order, in terms of section 17 or 18 of the Counter-Terrorism Act.

(2) The Chairperson of the Committee or any other member of the Committee, authorised in writing by the Chairperson of the Committee for that purpose, shall on receipt of the freezing Order, without delay, circulate or cause to be circulated through electronic mail, surface mail or any other means available, a copy of the freezing Order to—

(a) supervisory authorities;

(b) specified parties;

(d) relevant Government agencies or departments; and

(e) any other person.

(3) The Agency or the Directorate shall on receipt of the freezing Order—

(a) ensure that a specified party, accountable institution, Government agency or department, or any other person takes necessary action; and

(b) provide guidance, where necessary, to the specified party accountable institution, Government agency or department, or any other person, holding funds, property or other economic resources of a nationally listed person, entity or structured group in relation to their obligations under these Regulations.

(4) A specified party, accountable institution, relevant Government agency or department, and any other person shall on receipt of the freezing Order, without delay and without prior notification to the listed person, entity or structured group, identify and freeze all—

(a) property or economic resources that are owned or controlled by a nationally listed person, entity or structured group and not just those that can be tied to a particular terrorist act, plot or threat;

(b) property or economic resources that are wholly or jointly owned or controlled, directly or indirectly, by a nationally listed person, entity or structured group;

(c) property or economic resources derived from or generated by property or economic resources owned or controlled directly or indirectly by a nationally listed person, entity or structured group;

(d) property or economic resources of a person, entity or structured group acting on behalf of a nationally listed person, entity or structured group; and

(e) property or economic resources of a person, entity or structured group acting at the direction of a nationally listed person, entity or structured group.

(5) Subject to the provisions of these Regulations, no person shall, unless authorised under these Regulations, make property or economic resources or financial or other related services available directly or indirectly to—

(a) a nationally listed person, entity or structured group;

(b) any entity wholly or jointly owned by a nationally listed person, entity or structured group;

(c) any person, entity or structured group controlled directly or indirectly by a nationally listed person, entity or structured group;

(d) any person, entity or structured group acting on behalf of a nationally listed person, entity or structured group; or

(e) any person, entity or structured group acting at the direction of a nationally listed person, entity or structured group.

(6) A person referred to under subregulation (3) shall record property or economic resources frozen under this regulation, against the names of the owners and beneficial owners for proper management.

(7) A specified party, accountable institution, Government agency or department, or any other person shall, without delay, and in writing inform the Chairperson or any member of the Committee authorised in writing by the Chairperson for that purpose—

(a) of any action taken; and

(b) of the full particulars of any property or economic resources identified and frozen (including transactions and attempted transactions relating to the property or economic resources).

(8) Where a specified party, accountable institution, Government agency or department, or any other person searches their database and does not identify any property or economic resources, the specified party, accountable institution, Government agency or department, or any other person shall make a nil return report, in writing, to the Chairperson or any member of the Committee authorised in writing by the Chairperson for that purpose.

(9) The particulars required under subregulation (7)(b) shall include—

(a) in relation to a specified party that is a financial institution—

(i) the account number,

(ii) the name of the account holder,

(iii) the time of the freezing of the account,

(iv) the balance of the account at the time of freezing of the funds, property or economic resources,

(v) the related accounts, if any, including the balance of property or economic resources in the accounts at the time of freezing, and

(vi) an explanation as to the grounds for the identification of the related accounts; and

(b) in relation to any other specified party, accountable institution, Government agency or department, or any other person—

(i) the nature and description of the property or economic resources,

(ii) the name of the owner or holder of the property or economic resources,

(iii) the mode and date of acquisition of the property or economic resources,

(iv) the location of the property or economic resources, and

(v) the transactions relating to the property or economic resources.

(10) A person who knowingly contravenes subregulation (5) commits an offence of financing of terrorism and is liable to a penalty specified in section 5(1) of the Counter-Terrorism Act.

(11) Where the Minister has reasonable grounds to believe that a nationally listed person has property or any involvement in a foreign country, the Minister shall, without delay, cause the Director of Public Prosecutions to forward a copy of the declaration made by the Minister referred to in subregulation (1) to the Ministry responsible for international affairs to request the foreign country to freeze the property or economic resources of the listed person providing—

(a) as much information as possible to allow for identification of the nationally listed person; and

(b) information containing as much detail as possible on the reasons or basis for the listing.

7. Application for review

A nationally listed person, entity or structured group aggrieved by the decision of the Minister declaring the person, entity or structured group as a terrorist or terrorist group may make an application to the High Court for a review of the decision.

8. Publication of national listing

(1) The Chairperson of the Committee shall, without delay, upon receipt of a freezing Order referred to in regulation 6(1), but in no case before the circulation of the freezing Order under regulation 6(2), publish a national listing in the Gazette or such media as the Committee may consider appropriate, unless the Committee—

(a) believes that a listed person is an individual under the age of 18 years; or

(b) considers that the national listing should be restricted—

(i) in the interest of national security or justice, or

(ii) for reasons connected with the prevention and detection of financial offences.

(2) The Chairperson of the Committee shall, after the national list has taken effect, immediately inform, in writing, the nationally listed person, entity or structured group of—

(a) their inclusion in the national list;

(b) the implications of the national listing;

(d) the possibility of making request for utilising part of the frozen property or economic resources in accordance with these Regulations; and

(e) the possibility of making a request for a travel ban exemption.

(3) For purposes of subregulation (2)(b), the implications of national listing refer to the imposition of an asset freeze, arms and travel embargo.

(4) The Committee shall maintain a list of persons, entities and structured groups who have been declared as terrorists or terrorist groups.

9. Proposing names for designation to the United Nations Security Council

Where the Minister declares a person, entity or structured group as a terrorist or terrorist group and the person, entity or structured group has property or any involvement in a foreign country, the Minister shall, through the ministry responsible for international affairs, immediately forward a proposal for the inclusion of such person, entity or structured group in the United Nations Security Council List in the form prescribed by the United Nations Security Council and shall—

(a) provide as much relevant information as possible to allow for identification of the nationally listed person, entity or structured group;

(b) provide a statement of case containing as much detail as possible on the basis for the proposed designation; and

10. Designations made by United Nations Security Council

(1) As soon as a change to the United Nations Security Council List takes effect, the Minister responsible for international affairs shall, without delay, forward the list through electronic mail or any other means available to the Chairperson of the Committee or any member of the Committee authorised in writing by the Chairperson of the Committee for that purpose.

(2) The Chairperson of the Committee or any other member of the Committee authorised in writing by the Chairperson of the Committee for that purpose, shall, without delay, upon receipt of the United Nations Security Council List referred to in subregulation (1), and in no case later than 16 hours, circulate, through electronic mail, surface mail or any other means available, the list to—

(a) supervisory authorities;

(b) investigatory authorities;

(d) accountable institutions;

(e) Government agencies or departments; and

(f) any other person.

(3) The Agency or the Directorate shall on receipt of the United Nations Security Council List, without delay—

(a) ensure that a specified party, accountable institution, Government agency or department, or any other person takes necessary action; and

(b) provide guidance, where necessary, to the specified party accountable institution, Government agency or department, or any other person, holding funds, property or other economic resources of a designated person, entity or group in relation to their obligations under these Regulations.

11. Freezing of property held by designated person

(1) A specified party, accountable institution, relevant Government agency or department, or any other person to whom the United Nations Security Council List has been circulated shall, without delay, without prior notification, and in no later than 8 hours, identify and freeze all—

(a) property or economic resources that are owned or controlled by a designated person, entity, or group, and not just those that can be tied to a particular terrorist act, plot or threat;

(b) property or economic resources that are wholly or jointly owned or controlled, directly or indirectly, by a designated person, entity or group;

(c) property or economic resources derived from or generated by property or economic resources owned or controlled directly or indirectly by a designated person, entity or group;

(d) property or economic resources of a person, entity or group acting on behalf of a designated person, entity or group; or

(e) property or economic resources of a person, entity or group acting at the direction of a designated person, entity or group.

(2) For purposes of subregulation (1), in determining whether a designated person, entity or group controls property or economic resources, the fact that such property or economic resources is held in the name of an associate or relation is immaterial.

(3) A person referred to under subregulation (1) shall record property or economic resources frozen under this regulation, against the names of the owners and beneficial owners for proper management.

(4) Subject to these Regulations or the applicable Resolution, a specified party, accountable institution, relevant Government agency or department, or any other person shall not make frozen property, economic resources or financial or other related services available directly or indirectly, for the benefit of—

(a) a designated person, entity, or group;

(b) an entity or group that is wholly or jointly owned or controlled, directly or indirectly, by a designated person, entity or group;

(d) of a person, entity or group acting at the direction of a designated person, entity or group.

(5) A specified party, accountable institution, Government agency or department, or any other person shall, without delay, and in writing inform the Chairperson or any member of the Committee authorised in writing by the Chairperson for that purpose—

(a) of any action taken; and

(b) the full particulars of any property or economic resources identified and frozen (including transactions and attempted transactions relating to the property or economic resources).

(6) Where a specified party, accountable institution, Government agency or department, or any other person searches their database and does not identify any property or economic resource, the specified party, accountable institution, Government agency or department, or any other person shall make a nil return report, in writing, to the Chairperson or any member of the Committee authorised in writing by the Chairperson for that purpose.

(7) The particulars required under subregulation (5)(b) shall include—

(a) in relation to a specified party that is a financial institution—

(i) the account number,

(ii) the name of the account holder,

(iii) the time of the freezing of the account,

(iv) the balance of the account at the time of freezing of the property or economic resources,

(v) the related accounts, if any, including the balance of property or economic resources in the accounts at the time of freezing, and

(vi) an explanation as to the grounds for the identification of the related accounts; or

(b) in relation to any other specified party, accountable institution, relevant Government agency or department, or any other person—

(i) the nature and description of the property or economic resources,

(ii) the name of the owner or holder of the property or economic resources,

(iii) the mode and date of acquisition of the property or economic resources,

(iv) the location of the property or economic resources, and

(v) the transactions relating to the property or economic resources.

(8) The Chairperson of the Committee shall, without delay, upon receipt of a United Nations Security Council List, but in no case before the circulation of the United Nations Security Council List to a specified party, accountable institution, relevant Government agency or department, or any other person under regulation 11(1), publish the United Nations Security Council List in the Gazette or such media as the Committee may consider appropriate, unless the Committee—

(a) believes that a designated person is an individual under the age of 18 years; or

(b) considers that the United Nations Security Council List should be restricted—

(i) in the interest of national security or justice, or

(ii) for reasons connected with the prevention and detection of financial offences.

(9) The Chairperson of the Committee shall, after the United Nations Security Council List has taken effect and where there is a positive return report, without delay, inform in writing, the designated person, entity or group—

(a) with regard to designations pursuant to United Nations Security Council Resolution 1988, and any other Resolution relating to any threat to international peace and security as determined by the United Nations Security Council issued under Chapter VII of the United Nations Charter the procedures to facilitate review by the 1988 Committee in accordance with any applicable guidelines of procedures adopted by the 1988 Committee, including those of the focal point mechanism established under United Nations Security Council Resolution 1730; and

(b) with regard to designations pursuant to United Nations Security Council Resolution 1267, of the availability of the United Nations Office of the Ombudsperson, pursuant to United Nations Security Council Resolutions 1904, 1989 and 2083 to accept de-listing petitions.

(10) A person who knowingly contravenes subregulation (4) commits an offence of financing of terrorism and is liable to a penalty specified in section 5(1) of the Counter-Terrorism Act.

12. Claim by third party

(1) A person, entity or structured group who claims to have a bona fide right, title or interest in property or economic resources frozen in accordance with regulation 6 or 11, may apply to a court of competent jurisdiction for exclusion of that person’s right, title or interest from the freezing Order.

(2) An application referred to in subregulation (1) shall be accompanied by a sworn statement setting out—

(a) the nature and extent of the right, title or interest claimed by the applicant in the property or economic resources concerned;

(b) the time and circumstances of acquisition of the right, title or interest in the property or economic resources by the applicant; and

13. National de-listing

(1) A nationally listed person, entity or structured group may apply to court of competent jurisdiction for de-listing.

(2) An application for de-listing from the national list shall contain—

(a) in the case of an individual—

(i) the full names, including any middle names, or initials and any other names or pseudonyms,

(ii) the date and place of birth,

(iii) nationality or nationalities of individual where he or she holds more than one nationality, and

(iv) any other information which can help to identify the individual; or

(b) in the case of an entity or structured group—

(i) the full name of the group or entity, including any alternative names used,

(ii) date of incorporation or registration where applicable,

(iii) any other current state of operation, and

(iv) any other information which can help to identify the structured group or entity.

(3) Where the Committee reasonably believes that a nationally listed person is deceased or the listed entity or structured group has ceased to operate, the Committee shall make a recommendation to the Minister to revoke the declaration of the person, entity or structured group as a terrorist or terrorist group.

(4) Upon receipt of a recommendation from the Committee under subregulation (3), the Minister may, if satisfied that the nationally listed person is deceased or that the listed entity or structured group has ceased to operate, revoke the declaration of the person, entity or structured group as a terrorist or terrorist group.

(5) The Chairperson of the Committee or any member of the Committee authorised in writing by the Chairperson of the Committee for that purpose shall, within 16 hours of the revocation by court or the Minister, circulate a de-listing notice to the institution to which a national list was circulated under regulation 6(2).

(6) A specified party, accountable institution, Government agency or department, or any other person shall within 8 hours of receipt of a notice of de-listing under subregulation (5)—

(a) unfreeze the property or economic resources of the de-listed person, entity or structured group; and

(b) make a defreezing return report to the Chairperson or any member of the Committee authorised in writing by the Chairperson of the Committee for that purpose.

(7) Where a nationally listed person, entity or structured group whose name has been submitted to a foreign jurisdiction under regulation 6(11) is de-listed, the Minister shall, without delay, cause the Director of Public Prosecutions to forward a copy of the revocation of the declaration to the foreign jurisdiction, to unfreeze the property or economic resources of a de-listed person, entity or structured group.

14. Application for de-listing from United Nations Security Council List

(1) A designated person, entity or structured group or his or her legal representative may make a petition, providing reasons, for de-listing from the United Nations Security Council List through the Minister, to the office of the Ombudsperson or the focal point, whichever is applicable, in accordance with the de-listing guidelines and procedures provided for in the applicable Resolutions.

(2) An application for de-listing shall contain—

(a) in the case of an individual—

(i) the full names, including any middle names, or initials and any other names or pseudonyms,

(ii) the date and place of birth,

(iii) nationality or nationalities of individual where he or she holds more than one nationality, and

(iv) any other information which can help to identify the individual; or

(b) in the case of an entity—

(i) the full name of the entity, including any alternative names used,

(ii) date of incorporation or registration where applicable,

(iii) current any other state of operation, and

(iv) any other information which can help to identify the entity.

(3) Where the Minister has proposed the inclusion of a name on the United Nations Security Council List and the person bearing that name has applied to the United Nations Security Council for de-listing, the Minister may submit to the United Nations Security Council any additional information necessary for the consideration of the application.

(4) Where the Ombudsperson’s office refers a petition for de-listing from the United Nations Security Council List to the Minister for comments, the Minister shall within the time specified by the Ombudsperson’s office, respond to the request stating reasons for the recommendation for retention or deletion from the relevant United Nations Security Council List.

(5) Where the Minister reasonably believes that a designated person is deceased, or a designated entity or group is defunct, the Minister shall submit a request to the Ombudsperson or to the focal point, whichever is applicable, to remove the name and other details of the designated person, entity or group from the United Nations Security Council List.

15. Unfreezing of property following de-listing from United Nations Security Council List

(1) Where the Minister responsible for international affairs receives a notice of de-listing of a designated person, entity or group by the United Nations Security Council, the Minister shall, without delay, transmit the list through electronic mail or any other means available, to the Chairperson of the Committee or any other member of the Committee authorised in writing by the Chairperson of the Committee for that purpose.

(2) The Agency or the Directorate shall, on receipt of a notice of a de-listing, without delay, direct a specified party, accountable institution, Government agency or department, or any other person, in custody of the frozen property or economic resources of a de-listed person, entity or group to unfreeze such property or economic resources.

(3) The Chairperson of the Committee or any member of the Committee authorised in writing by the Chairperson of the Committee for that purpose shall, within 16 hours, cause the de-listing notice to be circulated to the institutions or any other person to which the United Nations Security Council List was circulated to under regulation 10(2).

(4) A specified party, accountable institution, Government agency or department, or any other person shall within eight hours of receipt of a notice of de-listing under subregulation (3)—

(a) unfreeze the property or economic resources of the de-listed person, entity or structured group; and

(b) make a defreezing return report to the Chairperson or any member of the Committee authorised in writing by the Chairperson of the Committee for that purpose.

16. Basis for maintaining property freeze after de-listing

Where a nationally listed person, entity or structured group is de-listed on the basis that the person is deceased, or the entity or structured group has ceased to operate, the property or economic resources shall remain frozen where the Committee reasonably believes that—

(a) the property or economic resources will be transferred, directly or indirectly, to a listed person, entity or structured group, or otherwise used for terrorist purposes; or

(b) on application to court, the unfreezing of the property or economic resources would be found to be contrary to national security.

17. Application to unfreeze where property was frozen in error

(1) Where property or other economic resources were frozen as a result of similarity in names or wrong entries on the United Nations Security Council List, the person affected may submit a request to the focal point to unfreeze the property or economic resources.

(2) Where property or other economic resources were frozen as a result of—

(a) similarity in names,

(b) wrong entries on the national list, or

the person affected may apply to court to unfreeze the property or economic resources.

(3) Notwithstanding the provisions of section 60 of the Act, no administrative, criminal or civil proceedings shall lie against any person, specified party, accountable institution, Government agency or department for effecting a freezing Order on property—

(a) based on—

(i) similarity in names, or

(ii) wrong entries on the national list; or

(b) as a result of an error,

in the absence of bad faith, gross negligence or malice.

PART III
Condition and Procedure for Utilisation of Frozen Property (regs 18-19)

18. Approval of usage of property by nationally listed person, entity or structured group

(1) A person, entity or structured group whose property or economic resources have been frozen under a national listing may make a request to the Committee to release the property, or portion thereof or other economic resources—

(a) to meet the necessary and basic expenses including payment for food stuff, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, public utility charges, or exclusively for payment of professional fees and reimbursement of incurred expenses associated with the provision of legal fees, or fees or service charges;

(b) necessary for extraordinary expenses not provided for in paragraph (a);

(c) to make payments due under a contract, agreement or obligation that were concluded or that arose before the person was nationally listed:

Provided the Committee—

(i) has made a determination that the contract, agreement or obligation is not related to any activities prohibited under these Regulations, and

(ii) has made a determination that the payment is not directly or indirectly received by the nationally listed person, entity or structured group.

(2) A request to utilise frozen property or economic resources referred to in subregulation (1) shall be accompanied by adequate supporting documents.

(3) The Committee shall consider the request to utilise funds within seven days and may grant, reduce or refuse the request made in the application as considered reasonable in the circumstances.

(4) The Committee shall, in writing, where it approves the utilisation of property or economic resources under this regulation, direct a specified party, accountable institution, Government agency or department, or any other person in custody of the frozen property or economic resources to—

(a) implement the approval; and

(b) furnish a report to the Committee of the action taken within 24 hours.

19. Procedure for approval and utilisation of frozen property of designated person, entity or group

(1) On receipt of a request to utilise frozen property or economic resources in respect of a designated person, the Committee, shall forward the request to the focal point.

(2) The Chairperson of the Committee or any member of the Committee authorised in writing by the Chairperson of the Committee for that purpose shall, in writing, inform the designated person, entity or group or the designated person, entity or group’s representative of the approval or rejection of the request.

(3) The Chairperson of the Committee, or a person authorised by the Chairperson in writing for that purpose, shall where approval is obtained from the United Nations Security Council for—

(a) access to frozen property or economic resources for payment of extraordinary expenses; or

(b) access to frozen property or economic resources for payment of basic and extraordinary expenses,

direct, in writing, a specified party, accountable institution, Government agency or department, or any other person in custody of the frozen property or economic resources, to release the property or economic resources and furnish a report to the Committee of the action taken.

PART IV
Prohibitions and Sanctions in Relation to Designated Persons, Entities or Groups or Nationally Listed Persons, Entities or Structured Groups (regs 20-23)

20. Prohibition on dealing with property held by designated or nationally listed person

(1) A person shall not deal with property or economic resources held or controlled directly or indirectly or property owned wholly or jointly by a designated person, entity or group or a nationally listed person, entity or structured group except as provided for in these Regulations.

(2) Notwithstanding subregulation (1), a person may credit a frozen account of a designated person, entity or group or nationally listed person, entity or structured group with interest or other earnings due on the account provided that any such interest or other earnings are frozen in accordance with these Regulations.

(3) Any person who credits a frozen account in accordance with subregulation (2) shall, no later than eight hours, make a credit return report, in writing, to the Committee or a person authorised by the Chairperson of the Committee for that purpose.

(4) With respect to persons or entities designated pursuant to the United Nations Security Council Resolution 1718 of 2006 or United Nations Security Council Resolution 2231 of 2015, the Committee shall—

(a) authorise the addition to frozen accounts of interest or other earnings due on those accounts or payments due under a contract, agreement or any obligation that arose prior to the date of the designation provided that any such interest, other earnings and payments continue to be subject to these provisions and are frozen; and

(b) authorise access to frozen property or economic resources where the Committee is satisfied that the authorisation is in accordance with the procedure set out in United Nations Security Council Resolution 1718 or United Nations Security Council Resolution 2231, respectively.

(5) With respect to persons, entities or groups designated pursuant to the United Nations Security Council Resolution 1737 of 2006 whose designation was continued pursuant to the United Nations Security Council Resolution 2231 of 2015, the Committee shall authorise a specified party, accountable institution, Government agency or department, or any other person holding frozen property or economic resources of a designated person to make any payment due under a contract, agreement or obligation that arose prior to the date of the designation:

Provided that the Committee—

(a) is satisfied that the contract, agreement or obligation is not related to any of the prohibited items, materials, equipment, goods, technologies, assistance, training, financial assistance, investment brokering or services referred to in the United Nations Security Council Resolution 2231 and any future successor resolution;

(b) is satisfied that the payment is not received, directly or indirectly by a person, entity or group subject to measures in paragraph 6 of United Nations Security Council Resolution 2231; and

(c) has submitted to the United Nations Security Council, a prior notification at least 10 working days prior to the authorisation, the Committee’s intention to authorise a payment or to unfreeze property or economic resources.

(6) Any person who knowingly or having reasonable cause to suspect, that the property or economic resources that the person is dealing with are held or controlled directly or indirectly or the property or economic resource is wholly or jointly owned by a nationally listed person or person designated under—

(a) United Nations Security Council Resolutions 1267 of 1999, 1718 of 2006 and 1737 of 2006 commits an offence of financing of terrorism and is liable to a penalty specified in section 5(1) of the Counter-Terrorism Act; or

(b) any other applicable resolution dealing with threats to international peace and security as determined by the United Nations Security Council under Chapter VII of the United Nations Charter commits an offence and is liable to a penalty specified in section 63 of the Act.

(7) For purposes of this regulation, “deal with” means—

(a) in relation to property—

(i) use, alter, move, allow access to or transfer,

(ii) treat the funds in a way that would result in any change in volume, amount, location, ownership, possession, character or destination, or

(iii) make any other change that would enable use, including portfolio management; and

(b) in relation to economic resources, exchange or to use the resources in exchange for funds, goods or services.

21. Prohibition of making property, etc. available to designated or nationally listed person

(1) A person shall not knowingly, directly or indirectly, make property or other economic resources available to or for the benefit of a designated person or nationally listed person except as provided for in these Regulations or under the applicable Resolution.

(2) A person who contravenes subregulation (1) commits an offence specified at regulation 20(6)(a) or (b), as the case may be.

22. Prohibition of travel by designated or nationally listed person

(1) A designated person or nationally listed person, not being a citizen of Botswana, shall not enter into or transit through Botswana unless—

(a) the entry is necessary for compliance with a judicial process;

(b) the Committee determines that the entry is justified; or

(c) in the case of a designated person, the travel of such person is exempted by the decision of the United Nations Security Council and the decision to exempt is duly notified to the Committee.

(2) A person who transports a designated or nationally listed person within or outside Botswana, knowing that the person is a designated or nationally listed person, and with the intention of assisting the designated or nationally listed person to evade the travel embargo imposed on the designated or nationally listed person, commits an offence and is liable to a penalty specified in section 7 of the Counter-Terrorism Act.

(3) The Minister responsible for immigration shall not grant a visa to a designated person or nationally listed person unless he or she has obtained advice of file Committee that the issuance of the visa is not contrary to these Regulations.

(4) A designated person or nationally listed person who is a citizen of Botswana shall not be allowed to leave Botswana until investigations into the activities that led to his or her designation or national listing have been concluded.

(5) For purposes of this regulation, “judicial process” includes where the listed person’s presence may be necessary for the purposes of identification, testimony or other assistance relevant to file investigation or prosecution of an offence committed by someone other than that listed individual, or in relation to civil proceedings, and extradition.

23. Prohibition of landing and taking off of certain aircrafts

(1) No person shall grant permission to an aircraft to take off from, land in or overfly Botswana, wherever registered, where the aircraft has taken off from a country designated by the United Nations Security Council except in the case of an emergency landing.

(2) No person shall grant permission for an aircraft wherever registered, take off from, land in or overfly Botswana, where the aircraft is owned, leased or operated by or on behalf of a designated person, entity or group, or a nationally listed person, entity or structured group.

(3) Any person who knowingly participates in activities the object or effect of which is directly or indirectly to circumvent, enable or facilitate the contravention of this regulation commits an offence and is liable to the penalty specified in section 4 of the Counter-Terrorism Act.

PART V
Information (regs 24-25)

24. Circulation of lists

(1) The Minister shall, without delay, through the Committee, circulate the updated United Nations Security Council List or National List upon receipt, through electronic mail, surface mail or any other means available to the relevant law enforcement, regulatory and supervisory authorities.

(2) The investigatory, regulatory and supervisory authorities shall cause the lists referred to in subregulation (1) to be circulated, without delay, to specified parties and accountable institutions in accordance with regulations 6, 10, 13 and 16 of these Regulations.

(3) The Chairperson of the Committee or any other member of the Committee authorised, in writing, by the chairperson of the Committee for that purpose shall circulate, through electronic mail, surface mail or any other means available, the national list and the United Nations Security Council List to points of entry and exit of Botswana to ensure that travel bans are effected on the designated person or nationally listed person.

(4) The Commissioner of Police and the Commissioner-General Botswana Unified Revenue Services shall institute measures to prevent the direct and indirect supply, sale and transfer from Botswana using a Botswana flagged vessel or aircraft registered in Botswana, of arms and related materials, spare parts and technical advice, assistance or training related to military activities to a designated person, entity or group or nationally listed person, entity or structured group.

(5) The Committee may, on request by any interested person, provide information as may be required on the procedure adopted by the Committee, including any review or deletion of the entries made in the United Nations Security Council List, or on the national list.

25. Notice of amendment to lists to be given

Where any amendment is made to the United Nations Security Council List or national list, the Minister shall, without delay, through the Committee, circulate the amended lists upon receipt, through electronic and surface mail to the relevant investigatory agencies, supervisory authorities and accountable institutions who shall cause same to be circulated in accordance with regulations 6, 10, 13 and 16 of these Regulations.

PART VI
General (regs 26-29)

26. Failure to file return report

A specified party, an accountable institution, relevant Government agency or department, or any other person that fails to file a return report under these Regulations or knowingly provides wrong or false information is liable to an administrative fine specified in section 63 of the Act.

27. Applications to Court

An application made to court under these Regulations shall be dealt with in terms of section 27 of the Counter-Terrorism Act.

28. Revocation of S.I. No. 9 of 2020

The Counter-Terrorism (Implementation of United Nations Security Council Resolutions) Regulations, 2020 are hereby revoked.

29. Savings

Any decision made or action taken under the Regulations revoked under regulation 28 are hereby saved and shall be deemed to have been made under these Regulations.

FINANCIAL INTELLIGENCE REGULATIONS

(section 63)

(25th February, 2022)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

1. Citation

2. Interpretation

PART II
Establishment and Ascertainment of Information

3. Prominent influential person in private entity

4. Conduct of customer due diligence

5. Establishing identity of customer

6. Ascertainment of information concerning natural persons

7. Ascertainment of information concerning body corporate

8. Ascertainment of information concerning other entities

9. Ascertainment of information concerning partnerships

10. Ascertainment of information concerning trusts

11. Application of enhanced due diligence measures

12. Additional enhanced due diligence measures relating to beneficiaries of life insurance services

13. Application of simplified due diligence measures

PART III
Verification of Information

14. Verification of information

15. Verification in absence of contact with person

16. Maintenance of up-to-date particulars

17. Customer acceptance policy

PART IV
Keeping of Records

18. Keeping of records

19. Record keeping by third parties

PART V
Reporting Obligations of Transactions

20. Reporting cash transaction

21. Manner of reporting suspicious transactions

22. Period of reporting

23. Intervention by Agency

24. Analysis of reports received and referral of suspected offences

PART VI
Wire Transfers

25. Reporting of wire transfers

26. Obligations of financial institutions when undertaking wire transfer

27. Obligations of financial institutions when undertaking wire transfer as intermediary

28. Obligations of financial institutions that receive wire transfer

PART VII
Compliance Programmes and Group Wide Programmes

29. Compliance programmes to be implemented by specified party

30. Internal rules concerning ascertainment and verification of identities

31. Internal rules concerning keeping of records

32. Internal rules concerning reporting of suspicious transactions

33. Supervisory action concerning implementation of group-wide programmes

34. Consolidated group supervision

PART VIII
Miscellaneous

35. Powers of examination

36. Certificate issued by Agency

37. Defence

38. Revocation of S.I. No. 104 of 2019

SCHEDULE

S.I. 14, 2022.

PART I
Preliminary (regs 1-2)

1. Citation

These Regulations may be cited as the Financial Intelligence Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“batch file” means a wire transfer comprising a number of wire transfers that are sent to the same financial institution and which may or may not be ultimately intended for different persons;

“close company” has the same meaning assigned to it under the Companies Act (Cap. 42:01);

“company” has the same meaning assigned to it under the Companies Act;

“document” means an original document or copy of the original document certified to be a true copy by a commissioner of oaths, appointed under Commissioner of Oaths Act (Cap. 05:03);

“entity” means an association, a government department, a non-governmental organisation, an international organisation, an intergovernmental organisation, legal arrangement and includes a legal person other than a Botswana company or close company or a foreign company;

“establishing” in relation to establishing the identity of a customer in terms of these Regulations means a two tier process consisting of ascertainment and verification and “establish” shall be construed accordingly;

“foreign company” has the same meaning assigned to it under the Companies Act;

“identity card” has the same meaning assigned to it under the National Registration Act (Cap. 01:02);

“manager” in respect of a local or foreign company, means the natural person who is the principal executive officer of the company by whatever name he or she may be designated and whether or not he or she is a director of that company.

PART II
Establishment and Ascertainment of Information (regs 3-13)

3. Prominent influential person in private entity

For purposes of section 2 of the Act, a senior executive of a private entity, with a turnover above P1 000 000 or the equivalent in foreign currency, is a prominent influential person.

4. Conduct of customer due diligence

For the purposes of section 16(1)(a) and (b) of the Act, a specified party shall conduct customer due diligence for a transaction or occasional transaction of an amount equal to or in excess of P10 000.

5. Establishing identity of customer

(1) For the purposes of establishing the identity of a customer under section 20 of the Act, a specified party shall comply with these Regulations regarding ascertainment and verification of the identity of a customer.

(2) Where a specified party is not satisfied with the information received from a customer, the specified party shall—

(a) not open an account for the customer;

(b) not commence a business relationship with the customer;

(d) consider making a suspicious transaction report in relation to the customer.

(3) Where a specified party cannot, establish the identity of a customer due to impossibility or reasonable impracticability, a specified party shall—

(a) as far as it is reasonably possible, take steps to ascertain or verify such identity; and

(b) without delay give written notice to the Agency of such impossibility or impracticability indicating any alternative measures used to identify or verify the identity.

(4) The steps to be taken for establishing the identity of a customer under section 20 of the Act may be completed by the employee or other representative of the specified party, but the specified party shall take reasonable steps to ensure that the person is sufficiently trained and resourced to ensure compliance with those procedures.

(5) The authority to act on behalf of another under section 20(4) of the Act shall be in Form A set out in the Schedule.

(6) For purpose of section 20(5) of the Act, a specified party shall when verifying the identity of an existing customer, take into account—

(a) any indication that the identity of the customer, or the customer’s beneficial owner, has changed;

(b) any transaction which is not consistent with the specified party’s knowledge of the customer;

(d) any other matter which might affect the specified party’s assessment of the financial offence risk in relation to the customer.

(7) Where the beneficial owner is a legal person or legal arrangement, the specified party shall take reasonable measures to understand the ownership and control structure of that legal person or legal arrangement.

6. Ascertainment of information concerning natural persons

(1) For purposes of ensuring compliance with the Act, where a specified party seeks to establish the identity of a natural person, the specified party shall ascertain the following—

(a) the person’s full name;

(b) the person’s nationality;

(d) where the person is not citizen or resident of Botswana, the passport number and date of birth of such person;

(e) where the person is a refugee, a refugee identity card number and date of birth of such person;

(f) where the person is a citizen or resident of Botswana, the person’s residential address in Botswana;

(g) where the person is not a citizen or resident of Botswana, the residential address in his or her country of domicile and physical address in Botswana;

(h) the person’s contact details;

(i) the person’s occupation or source of income;

(j) nature and location of business activities, if any;

(k) the source of funds involved in the transaction; and

(l) an original of the recent council rate or utility bill receipt.

(2) If the person referred to in subregulation (1) does not have the legal capacity to establish a business relationship or conclude a transaction without the assistance of another person, the specified party shall ascertain the particulars referred to in subregulation (1)(a) to (g) in relation to the person who provided such assistance.

7. Ascertainment of information concerning body corporate

For the purposes of ensuring compliance with the Act, where a specified party seeks to establish the identity of a body corporate, the specified party shall ascertain the following—

(a) the registered name and registration number of the body corporate;

(b) if the body corporate is a foreign company, the name under which such body corporate conducts business in the country in which the body corporate is incorporated;

(c) if the body corporate is a foreign company that conducts business in Botswana using a name other than the name specified under paragraph (a) or (b), the name the body corporate uses in Botswana;

(d) if the body corporate is a foreign company, the registered address from which the body corporate operates in the country where it is incorporated or if it operates from multiple addresses in that country, the address of its head office;

(e) if the body corporate operates within Botswana, the address from which it operates in Botswana, or if it operates from multiple addresses within Botswana, the address of the office seeking to establish a business relationship or to conclude a transaction with the specified party;

(f) the nature of business of the body corporate;

(g) the income tax and value added tax registration numbers of the company or close company issued by Botswana Unified Revenue Service, or if incorporated outside Botswana, such numbers issued by a similar revenue office in the country in which it is incorporated if such numbers were issued;

(h) the particulars referred to in regulation 6(1)(a), (b) or (c) whichever is applicable concerning—

(i) the manager of the company, or in the case of a close company, each member,

(ii) each natural person who purports to be authorised to establish a business relationship or conclude a transaction with a specified party on behalf of a body corporate, or

(iii) the identity of a natural person who either directly or indirectly holds more than 10 per cent shares, voting right or other ownership interest;

(i) whether a copy of the resolution of the Board authorising the account signatories is provided;

(j) whether copies of the powers of attorney or any other authority, affecting the operation of the account and given by the directors in relation to the company, are provided; and

(k) whether the records submitted are sufficient to permit a reconstruction of individual transactions, including the amounts and types of currency involved, if any, so as to provide, if necessary, evidence for prosecution of criminal behaviour.

8. Ascertainment of information concerning other entities

A specified party shall ascertain, in respect of any entity—

(a) the registered name and registration number of the entity, if registered;

(b) the office or place of business, if any, from which the entity operates;

(d) the full name, residential address if available, and any one of the following details of the natural person purporting to be authorised to establish a business relationship or conclude a transaction with the specified party on behalf of the entity—

(i) identity card number and date of birth, where the natural person is a citizen of Botswana, or

(ii) passport number and date of birth, where the natural person is not a citizen or resident of Botswana; and

(e) the identity of a natural person who either directly or indirectly holds more than 10 per cent shares, voting right or other ownership interest.

9. Ascertainment of information concerning partnerships

A specified party shall ascertain in respect of a partnership, the partnership’s—

(a) registered name;

(b) office or place of business, if any, or where applicable, its registered address;

(d) full name, residential address if available, and any one of the following details of each partner, including silent partners in a limited partnership and any other natural person purporting to be authorised to establish a business relationship or conclude a transaction with the specified party on behalf of the partnership—

(i) the identity card number and date of birth, where the natural person is a citizen of Botswana, or

(ii) the passport number and date of birth, where the natural person is a not a citizen or resident of Botswana, and

(iii) refugee identity card number and date of birth, where the person is a refugee.

10. Ascertainment of information concerning trusts

(1) A specified party shall ascertain in respect of a trust—

(a) the full names of the trust, its registration number, its previous names and sub-trusts, if any;

(b) the date in which the trust was set up;

(d) the place where the trust is administered;

(e) tax details of the trust, if any, and the place where the trust is considered to be resident for tax purposes;

(f) a statement of account of the trust, describing the trust assets and identifying the value of each category of the trust assets;

(g) the source of funds used to acquire trust assets;

(h) the particulars referred to in regulations 6 and 7, whichever is applicable, in relation to each individual and entity in the trust, including the settlor, trustee, beneficiaries, protector, if any, and the natural person exercising ultimate effective control over the trust.

(2) For beneficiaries of a trust that are designated by characteristics or by class, specified parties shall obtain sufficient information concerning the beneficiary to enable the specified party to be able to establish the identity of the beneficiary at the time of the payout or when the beneficiary intends to exercise vested rights.

11. Application of enhanced due diligence measures

(1) When assessing whether there is a risk of commission of a financial offence, and the extent of measures to be taken to manage and mitigate such risk, in terms of section 21(1)(a) of the Act, a specified party shall take into account—

(a) customer risk factors including whether—

(i) the customer is a legal person or legal arrangement that holds personal assets,

(ii) the customer is a company that has nominee shareholders or shares in bearer form,

(iii) the customer is a business that is cash intensive, or

(iv) the corporate structure of the customer is unusual or excessively complex given the nature of the company;

(b) product, service transaction or delivery channel risk factors including whether—

(i) the product involves private banking,

(ii) the product or transaction is the one which might favour anonymity,

(iii) the situation involves non-face to face business relationships or transactions, without proper safeguards, such as electronic signatures,

(iv) payments will be received from unknown or unassociated third parties, or

(v) new products, new business practices, new business procedures or new delivery mechanisms, are involved.

(2) The enhanced due diligence measures taken by a specified party in terms of section 21(1)(e) of the Act shall include—

(a) examining the background and purpose of the transaction; and

(b) increasing the degree and nature of monitoring of business relationships made, to determine whether the transaction or business relationship is suspicious.

12. Additional enhanced due diligence measures relating to beneficiaries of life insurance services

(1) Upon establishment of the identity of a beneficiary of a life insurance service in terms of section 23, a specified party shall where—

(a) the beneficiary is a natural person, legal person or arrangement, keep the full name of the person, legal person or arrangement; or

(b) the beneficiaries are designated by specified characteristics, as a class or any other way,

obtain sufficient information concerning the beneficiaries to satisfy itself that it will be able to verify the identity of a beneficiary at the time of the payout.

(2) A specified party shall verify the identity of a beneficiary at the time of the payout.

(3) Where a specified party becomes aware that all or part of the rights under the insurance policy are being, or have been assigned to a new beneficiary, the specified party shall establish the identity of the new beneficiary as soon as possible after becoming aware of the assignment and at the time of the payout.

13. Application of simplified due diligence measures

When assessing whether the risk of commission of a financial offence is low, in terms of section 28(1) of the Act, a specified party shall take into account—

(a) customer risk factors including whether the customer is—

(i) a public administration or a statutory body,

(ii) an individual resident in a low risk jurisdiction,

(iii) subject to regulation under this Act, or

(iv) a company whose securities are listed on a regulated market;

(b) product service, transaction or delivery channel risk factors, including whether the product or service is—

(i) a life insurance policy for which the premium is low,

(ii) an insurance policy for a pension scheme which does not provide for an early surrender option, and cannot be used as collateral, or

(iii) a product where the risk of commission of a financial offence is managed; and

(c) jurisdiction risk factors, including whether the country in which the customer is resident, established or registered or operates is not a high risk jurisdiction.

PART III
Verification of Information (regs 14-17)

14. Verification of information

(1) Any information or particulars ascertained by a specified party as required under Part II of these Regulations shall, be verified by the specified party by comparing such information obtained with the applicable and corresponding independent and reliable information set out in the following documentation—

(a) a trust instrument or deed of trust;

(b) a national identification document issued by the person’s country of origin, domicile or citizenship;

(d) a refugee identity card;

(e) a birth certificate;

(f) any document of authorisation to act on behalf of such person, company, trust or other entity;

(g) a constitution or close company’s certificate of incorporation, which shall be regarded as sufficient evidence that the body corporate has complied with the law to which it is subject, founding statement or partnership agreement, if any, or other similar documentation including notification of situation of registered and business address; or

(h) any reliable document, data or information that reasonably serves to verify any of the information obtained by the specified party in ascertaining the information set out in Part II of these Regulations.

(2) If it is deemed to be reasonably necessary, taking into account any guidance notes concerning the verification of identity that may apply to a specified party, the specified party shall, in addition to the verification undertaken in terms of subregulation (1), verify any of the information or particulars ascertained as part of establishing identity by comparing such particulars with any applicable and corresponding reliable document, data or information.

15. Verification in absence of contact with person

(1) Where a specified party ascertained information, in terms of these Regulations, about a customer without contact in person, with the natural person or with the representative of the customer, the specified party shall take reasonable steps to ensure the existence and to establish the identity of that customer, taking into account any guidance notes concerning the verification of identities that may apply to that specified party.

(2) Where the customer referred to under subregulation (1) is a natural person, the specified party shall ensure the existence and to establish the identity of that customer by—

(a) obtaining a reference from a well known professional, an employer of the customer of the specified party, or a known customer of the specified party who knows the natural person; or

(b) requesting original recent council rates or utility bill receipt.

16. Maintenance of up-to-date particulars

(1) A specified party or accountable institution shall take reasonable steps, taking into account any guidance notes which may apply to that specified party or accountable institution in respect of an existing business relationship, to maintain up-to-date information relating to particulars which are susceptible to change and which particulars were ascertained under these Regulations or the Act for the purpose of establishing identity.

(2) A specified party shall update periodically particulars under subregulation (1) based on any risk assessment conducted in terms of section 13 of the Act.

17. Customer acceptance policy

(1) A specified party shall ensure that a customer acceptance policy, internal rules, programmes, policies, or procedures that are to be implemented and maintained in terms of section 14(1)(e) of the Act are comprehensive, approved by senior management and includes clear guidelines and criteria as to—

(a) the information required and methods to be used in ascertaining and verifying the identity and acceptance of current and prospective customers in accordance with these Regulations; and

(b) any guidance notes which shall set out international standards to be met in respect of customer due diligence.

(2) The information required as part of the specified party’s customer acceptance policy shall include—

(a) relevant information pertaining to the customer’s background;

(b) the customer’s country of origin and residence;

(c) any linked accounts that the customer or any other party to the business relationship or transaction may have with the specified party;

(d) the nature and location of the customer’s business activities as well as the nature and source of personal income;

(e) the volume or expected volume of transactions in which the customer engages or is suspected to engage in;

(f) the customer’s business partners; and

(g) any other information that may assist the specified party to determine whether the business relationship with the customer may be vulnerable to money laundering or proceeds of any other crime.

PART IV
Keeping of Records (regs 18-19)

18. Keeping of records

(1) A specified party shall in addition to its responsibility under section 31 of the Act to keep records, keep a copy of each report sent to the Agency in terms of section 38 of the Act as well as copies of records and documents supporting the report in a manner that allows any additional information requested under section 52 of the Act to be forwarded without delay to the person requesting the additional information.

(2) The Agency shall keep a record of information received under section 52 of the Act.

(3) A record or document referred to in subregulations (1) and (2) shall be kept—

(a) for a period of at least 20 years from the date of filing the report with the Agency; and

(b) in the manner that protects the confidentiality of the copy, record or document involved.

19. Record keeping by third parties

(1) A specified party shall, where a third party keeps records on behalf of the specified party, in terms of section 33 ensure it has sufficient access to such records in order to comply with its obligations under the Act without delay.

(2) A specified party shall, in terms of section 33(2) of the Act provide the supervisory Authority with the identification and contact details of the third party referred to in subregulation (1), including the following particulars—

(a) the third party’s full name, if the third party is a natural person or registered name, if the third party is a company or close corporation;

(b) the name under which the third party conducts business;

(c) the full name and contact details of the individual who exercises control over access to records kept under subregulation (1);

(d) the physical address where the records are kept;

(e) the address from where the third party exercises control over the records; and

(f) the full name and contact details of the individual who liaises with the third party on behalf of the specified party concerning the retention of the records.

PART V
Reporting Obligations of Transactions (regs 20-24)

20. Reporting cash transaction

(1) A specified party or accountable institution shall report to the Agency a cash transaction concluded with a customer where the amount is equal to or in excess of P10 000 or an equivalent amount in foreign currency.

(2) A cash transaction report required to be made under subregulation (1) shall be made in Form B set out in the Schedule and shall be sent electronically to the Agency by means of an internet based reporting portal provided by the Agency for this purpose.

(3) Where a specified party or accountable institution required to make a report under subregulation (1) does not have the technical capability, or for any other reason, is unable to make a report in the manner required under subregulation (1), the specified party, accountable institution or person shall complete the required form in writing and include such further information as may be requested by the Agency and—

(a) send it by facsimile to the Director General at the number specified in writing by the Agency from time to time;

(b) deliver it to the Agency; or

21. Manner of reporting suspicious transactions

(1) Subject to subregulation (2), a suspicious transaction report required to be made under sections 39 and 40 of the Act shall be made in Form C set out in the Schedule and shall be sent electronically to the Agency by means of an internet based reporting portal provided by the Agency for this purpose.

(2) Where a specified party, accountable institution or person required to make a report under subregulation (1) does not have the technical capability, or for any other reason, is unable to make a report in the manner required under subregulation (1), the specified party, accountable institution or person shall complete the required Form C and include such further information as may be requested by the Agency and—

(a) send it by facsimile to the Director General at the number specified in writing by the Agency from time to time;

(b) deliver it to the Agency; or

(3) Where a specified party, accountable institution or person makes a report to the Agency, the Director General shall for purposes of section 6(2)(e) of the Act, ensure that feedback is given to the person, the specified party or an accountable institution making the report within 14 working days from the date of the receipt.

22. Period of reporting

(1) A report made in terms of section 38 or 40 of the Act shall be sent to the Agency as soon as possible, but not later than five working days after the suspicion arose concerning the transaction that gave rise to the need to report, unless the Agency, in writing, approves the sending of the report after the expiry of the period.

(2) A report made in terms of section 39 of the Act shall be sent to the Agency as soon as possible, but not later than five working days after the transaction was concluded, unless the Agency, in writing, approves the sending of the report after the expiry of the set period.

23. Intervention by Agency

(1) For purposes of sections 44 and 45 of the Act, and in order to facilitate the recognition and handling of a suspected financial offence by a specified party, accountable institution or person, if on the basis of a suspicious transaction report made to the Agency under section 38 or 40 of the Act—

(i) it is reasonably foreseeable that carrying out that transaction or other related transaction will jeopardise any investigations or proceedings; or

(ii) the transaction will or is likely to result in such proceeds being put beyond the reach of Botswana authorities,

the specified party, accountable institution or person shall in addition to making the report within the time period specified under regulation 22, contact, as soon as reasonably possible, the Director General or Officers of the Agency, at such contact details as may be specified in writing by the Agency from time to time, for the purposes of consultation and intervention as provided for under section 45 of the Act.

(2) If after consultation, the Agency considers it necessary that the specified party, accountable institution or person may proceed with the transaction or any other transaction in respect of funds contemplated under section 45 of the Act, the specified party, accountable institution or person may continue with and carry out any such transaction as provided under section 44 of the Act.

24. Analysis of reports received and referral of suspected offences

(1) The Agency shall analyse all the information and reports received by it for the purpose of determining whether any information contained in a report constitutes reasonable grounds to suspect that—

(a) a person, specified party or accountable institution has committed any act or omission which constitutes an offence under the Act or these Regulations; or

(b) a person has committed an offence under the Proceeds and Instruments of Crime Act (Cap. 08:03).

(2) Where the Agency has reasonable grounds, after analysing the reports submitted to it under subregulation (1), to suspect that a person, a specified party, or accountable institution has committed an offence, it shall refer the matter, together with any recommendations the Agency may consider appropriate, to the relevant investigating authority.

PART VI
Wire Transfers (regs 25-28)

25. Reporting of wire transfers

(1) For the purposes of section 42(1) of the Act, a financial institution that through a wire transfer, receives into or sends out of Botswana, an amount equal to or in excess of P10 000, on behalf or on the instruction of a customer or any person, shall report to the Agency such transaction.

(2) The report made in terms of subregulation (1) shall contain, in respect of—

(a) the natural or legal person making the report or other entity on whose behalf the report is made—

(i) the name of the person or entity,

(ii) the identity card number where the natural person who makes the report is a citizen of Botswana, refugee identity card number or passport number where the natural person is not a citizen or resident of Botswana,

(iii) registration number where the report is made on behalf of a legal person,

(iv) the address of the person or entity,

(v) the type of business or economic sector of the specified party and the reporting institution,

(vi) where the person making the report is a natural person, the natural person’s contact details, and

(vii) where the person making the report is a legal person or other entity, the surname, initials and contact details of a contact person;

(b) the transaction which is reported under subregulation (1), full particulars of—

(i) the amount of money transferred,

(ii) the value date on which the electronic transfer was effected,

(iii) the currency transferred and value thereof in Botswana on the date of transfer,

(iv) the unique transaction reference number allocated to the transaction,

(v) the account number concerned, where the money transferred is debited from an account held at a sending financial institution, or where the money received is credited to an account held at a receiving financial institution, and

(vi) the intended purpose of the electronic money transfer as stated by the customer of the financial institution making the report;

(c) the customer of a financial institution on whose behalf or instruction money is received into or sent out of Botswana—

(i) where the customer is a natural person, the name and surname, or initials and surname, identity card number, refugee identity card number or passport number and date of birth,

(ii) where the customer is a legal person or other entity, the name of such legal person or entity, registration number if any and the name of the natural persons with authority to conduct the transaction on behalf of the legal person or other entity, and

(iii) business or residential address and contact details of the customer or the natural person acting on behalf of the customer where the customer is a legal person or other entity;

(d) the beneficiary of money sent out of Botswana, or the originator of the money equal to or in excess of P10 000 received into Botswana—

(i) the full names of the beneficiary or originator,

(ii) the date of birth of the beneficiary or the originator,

(iii) identity card number, refugee identity card number or passport number of the beneficiary or originator,

(iv) a business or residential address of the beneficiary or originator, and

(v) contact details of the beneficiary or originator.

(3) Any money or value transfer service provider that controls both the ordering and the beneficiary side of a wire transfer shall—

(a) take into account all the information from both the ordering and beneficiary sides in order to determine whether a suspicious transaction report has to be filed; and

(b) file a suspicious transaction report in any country affected by the suspicious wire transfer, and make relevant transaction information available to the Agency.

(4) A report made under this regulation shall be sent to the Agency as soon as possible, but not later than two working days after the financial institution or any of its employees has become aware of the fact that a wire transfer received into or sent out of Botswana is equal to or has exceeded the amount of P10 000.

26. Obligations of financial institutions when undertaking wire transfer

(1) For the purposes of section 42(2) of the Act, a financial institution when undertaking a cross-border wire transfer shall include accurate originator and beneficiary information as follows—

(a) the name of the originator;

(b) the originator’s account number or unique transaction reference number; which can permit traceability, where there is no account number;

(d) the name of the beneficiary;

(e) the beneficiary account number, where such an account is used to process the transaction, or a unique transaction reference number which can permit traceability, where there is no account number; and

(f) the source and purpose of funds.

(2) A financed institution shall ensure that the information accompanying a domestic wire transfer shall include required accurate originator and beneficiary information as indicated for cross-border wire transfer under subregulation (1).

(3) Originator and beneficiary information collected under this regulation shall be maintained in accordance with section 31 of the Act.

(4) An ordering financial institution shall not execute a wire transfer if the wire transfer does not comply with the requirements of these Regulations.

(5) The information referred to under subregulation (3) shall be made available within three working days of receiving a request from the beneficiary financial institution or a competent authority.

27. Obligations of financial institutions when undertaking wire transfer as intermediary

(1) A financial institution that undertakes wire transfer as an intermediary shall ensure that all originator and beneficiary information, obtained under regulation 26 is retained with the transfer.

(2) A financial institution referred to in subregulation (1) shall, where technical limitations prevent the required originator or beneficiary information accompanying a cross-border wire transfer from remaining with a related domestic wire transfer, keep a record of all the information received from the ordering or other intermediary financial institution in accordance with section 32 of the Act.

(3) A financial institution referred to in subregulation (1) shall take reasonable measures to identify cross-border wire transfer that lack required originator or beneficiary information under regulation 25.

(4) The measures referred to in subregulation (3) shall be consistent with straight-through processing.

(5) For the purposes of this regulation, “straight-through processing” means payment transactions that are conducted electronically without the need for manual intervention.

(6) A financial institution referred to in subregulation (1) shall implement policies and procedures which have regard to risks identified to determine when to—

(a) execute;

(b) reject; or

a wire transfer that is not accompanied by information required under regulation 26(1) and take appropriate follow-up action.

28. Obligations of financial institutions that receive wire transfer

(1) A financial institution that receives a wire transfer as a beneficiary financial institution shall—

(a) verify the identity of the beneficiary before undertaking a wire transfer where such identity was not previously verified, and maintain such information in accordance with section 32 of the Act; and

(b) take reasonable measures, including post-event monitoring or real-time monitoring, where feasible, to identify cross-border wire transfer that lack the required originator or beneficiary information.

(2) A financial institution referred to under subregulation (1) shall implement policies and procedures which have regard to risks identified to determine when to—

(a) execute;

(b) reject; or

a wire transfer that is not accompanied by information required under regulation 26(1) and take appropriate follow-up action.

PART VII
Compliance Programmes and Group Wide Programmes (regs 29-34)

29. Compliance programmes to be implemented by specified party

(1) A specified party shall adopt, develop and implement a programme which ensures compliance with obligations of the specified party under the Act and these Regulations.

(2) Subject to regulations 29 and 30, a specified party shall adopt, develop and implement as part of the compliance programme referred to in subregulation (1), internal rules which—

(a) confirm the responsibility of the management of the specified party in respect of compliance with the Act and the internal rules;

(b) provide for the necessary procedures to ensure that customers are identified and the required particulars concerning the identities are verified;

(c) provide for the necessary procedures including effective ongoing monitoring systems to enable staff to recognise potentially suspicious and unusual transactions or series of transactions and to report such suspicious transactions in terms of these Regulations;

(d) allocate responsibilities and accountability to ensure that staff duties concerning record keeping are complied with;

(e) provide for disciplinary steps to be taken against the relevant staff members for non-compliance with the internal rules; and

(f) take into account any guidance notes concerning duties that may apply to the specified party.

(3) Where a specified party has employees, agents or persons authorised to act on its behalf in the programme referred to in subregulation (1), the specified party shall furthermore include as far as practicable, an ongoing compliance training programme for those employees, agents or persons to ensure that they are able to comply with the duties of the specified party.

(4) A specified party that designates a compliance officer under section 14(1)(a) of the Act shall take reasonable steps to ensure that the compliance officer has training and resources to discharge his or her obligations, and keep records of the said training for a period stipulated in section 32 of the Act.

(5) A specified party shall adopt an independent audit function to ensure compliance with this regulation.

30. Internal rules concerning ascertainment and verification of identities

A specified party shall have rules concerning the establishment and verification of identities which shall—

(a) provide for the necessary processes and working methods which will ensure that the required particulars concerning the identities of the parties to a business relationship or transaction are obtained on each occasion when a business is established or a transaction is concluded with the specified party;

(b) provide for the steps to be taken by the relevant staff members aimed at the verification of the required particulars concerning the identities of the parties to a business relationship or transaction;

(c) provide for the responsibility of the management of the specified party in respect of compliance with the Act, and the internal rules regarding ascertainment and verification of identity;

(d) allocate responsibilities and accountability to ensure that staff duties concerning the ascertainment and verification of identities are complied with;

(e) provide for disciplinary steps against members concerned for non-compliance with the Act and the internal rules regarding the ascertainment and verification of identities; and

(f) take into account any guidance notes concerning the ascertainment and verification of identities which may apply to the specified party.

31. Internal rules concerning keeping of records

A specified party shall have internal rules concerning the keeping of records in terms of section 31 of the Act which shall—

(a) provide for the necessary processes and working methods to ensure that relevant staff members of the specified party obtain the information pertaining to which records shall be kept on each occasion when a business relationship is established or a transaction is concluded with the specified party;

(b) provide for the responsibility of the management of the specified party in respect of compliance with the Act and internal rules regarding the keeping of records;

(c) allocate responsibilities and accountability to ensure that requirements concerning the keeping of records are complied with;

(d) provide for disciplinary steps against members of staff concerned for non-compliance with the internal rules regarding the keeping of records;

(e) provide for the necessary processes and working methods to ensure that the accuracy and the integrity of the records is maintained for the entire period for which they must be kept;

(f) provide for the necessary processes and working methods to ensure that access required or authorised under the Act by the relevant staff members to the records can be obtained without undue hindrance; and

(g) take into account any guidance notes concerning the keeping of records which may apply to the specified party.

32. Internal rules concerning reporting of suspicious transactions

A specified party or accountable institution shall have rules concerning the reporting of suspicious and unusual transactions which shall—

(a) provide for the necessary processes and working methods which will ensure that suspicious transactions are reported without undue delay;

(b) provide for the necessary processes and working methods to enable staff to recognise potentially suspicious transactions or series of transactions;

(c) provide for the responsibility of the management of the specified party or accountable institution in respect of compliance with the Act and the internal rules;

(d) allocate responsibilities and accountability to ensure that staff duties concerning the reporting of suspicious transactions are complied with;

(e) provide for disciplinary steps against members concerned for non-compliance with the internal rules regarding the reporting of suspicious and unusual transactions; and

(f) take into account any guidance notes concerning the reporting of suspicious transactions which may apply to the specified party or accountable institution.

33. Supervisory action concerning implementation of group-wide programmes

(1) The supervisory authority shall determine whether the additional measures taken by the specified party under section 15(9)(b) of the Act, are sufficient to counter the commission of a financial offence.

(2) Where the supervisory authority does not consider the measures referred to in subregulation (1) to be sufficient, the supervisory authority may direct the specified party to—

(a) not enter into a business relationship with the foreign branch or majority-owned subsidiary operating in a foreign country;

(b) not to undertake transactions associated with risk of commission of a financial offence;

(d) ensure that its subsidiary undertaking—

(i) does not enter into a business relationship with the foreign branch or majority-owned subsidiary operating in a foreign country,

(ii) does not undertake transactions associated with risk of commission of a financial offence, or

(iii) ceases any operation in a particular foreign country.

(3) The direction given under subregulation (2) shall be in writing and shall—

(a) give details of the direction; and

(b) state the reasons for the direction.

(4) The direction given under subregulation (2) shall come into effect on such date as the supervisory authority may appoint or if no date is so specified, then it shall come into effect on the date that it is issued.

34. Consolidated group supervision

For purposes of section 49(1)(h) of the Act, a supervisory authority shall when applying consolidated group supervision—

(a) understand the overall structure of the financial group and be familiar with all the material activities conducted by entities in the wider group, both domestic and cross-border;

(b) understand and assess how group-wide money laundering and terrorism financing risks are managed;

(c) take action when risks arising from the financial group and other entities in the wider group jeopardise the safety and soundness of the financial institution or the financial system;

(d) review whether the oversight of a financial institution’s foreign operations by a parent financial institution is adequate, having regard to the money laundering and terrorism financing risk profile and systemic importance;

(e) ensure that there is no hindrance in host countries for the parent financial institution to have access to all the material information from foreign branches and subsidiaries;

(f) take into account the effectiveness of supervision conducted in the host country in which the financial institution has material operations;

(g) determine whether a financial institution’s policies and processes require local management of cross-border operations to possess necessary expertise to manage such operations in a safe and sound manner, and in compliance with anti-money laundering and counter-financing of terrorism supervisory and regulatory requirements;

(h) visit the foreign offices of the financial institution, periodically, the frequency of which shall be determined by the money laundering and terrorism financing risk profile and systemic importance of the foreign operation;

(i) meet the host supervisor during visits referred to in paragraph (h);

(j) have a policy for assessing whether the super authority needs to conduct an on-site examination of a financial institution’s foreign operations, or require additional reporting; and

(k) have the power and resources to conduct on-site examinations referred to in paragraph (j).

PART VIII
Miscellaneous (regs 35-38)

35. Powers of examination

(1) In order to carry out an examination of records as contemplated under section 36 of the Act, an examiner of the Agency or supervisory authority may—

(a) at any time during normal office hours without previous notice, enter any premises occupied by a specified party or accountable institution and require production to him or her of any or all the specified party’s or accountable institution’s securities, books, records, accounts or documents;

(b) search any premises occupied by a specified party or accountable institution for any moneys, securities, books, records, accounts or documents;

(c) open or cause to be opened any strong room, safe or other container in which it is suspected that any moneys, securities, books, records, accounts or documents of a specified party or accountable institution are kept;

(d) examine and make copies of and extracts from any securities, books, records, accounts and documents of a specified party or accountable institution or, against a full receipt issued by the Agency or supervisory authority for such securities, books, accounts or documents and remove them temporarily from the premises of the specified party or accountable institution for that purpose;

(e) require an explanation of any entries in the books, records, accounts or documents of a specified party or accountable institution;

(f) against a full receipt issued by the Agency or supervisory authority, seize any securities, books, records, accounts or documents of a specified party or accountable institution which in his or her opinion may serve evidence for an offence or irregularity; and

(g) retain any such seized securities, books, records, accounts or documents for as long as they may be required for criminal or other proceedings.

(2) A person shall when requested under subregulation (1) by the Agency or supervisory authority to do so, produce every security, book, record, account or document of a specified party or accountable institution to which such person has access, and shall, at the request of the Agency or supervisory authority, provide any information at such person’s disposal relating to the affairs of the specified party or accountable institution.

(3) The Agency or supervisory authority may further inspect the securities, books, records, accounts or documents of any person, partnership or company—

(a) where the Agency or supervisory authority has reason to believe that a specified party or accountable institution whose affairs are being inspected has or had a direct or indirect interest in or in the business of the person, partnership or company;

(b) where the Agency or supervisory authority has reason to believe that the person, partnership or company has or had a direct or indirect interest in the business of a specified party or accountable institution; and

(c) where the Agency or supervisory authority considers it necessary for a proper inspection of the affairs of a specified party or accountable institution that those securities, books, records, accounts or documents be inspected, and the provisions of subregulations (1) and (2) shall with such modifications as may be necessary, apply in respect of an inspection under this subregulation.

(4) For the purposes of subregulation 3(b), a person who holds shares as a nominee or in trust for another person in a specified party or accountable institution shall be considered to have an interest in the specified party or accountable institution and shall upon request of the Agency or supervisory authority disclose the name of that other person.

(5) A lawful representative of a specified party or accountable institution of which the securities, books, records, accounts or documents have been retained under subregulation (1)(g), may examine, make entries in and make extracts from such securities, books, records, accounts or documents during office hours and under supervision as the Agency or supervisory authority may consider necessary.

(6) Where securities, books, records, accounts or documents of a specified party or accountable institution have been seized under subregulation (1)(f), the specified party or accountable institution may make an application to a magistrate’s court for a variation order under the Proceeds and Instruments of Crime Act.

36. Certificate issued by Agency

A certificate issued by Agency in terms of section 56 of the Act shall be in Form D set out in the Schedule.

37. Defence

In proceedings against a specified party, or accountable institution or a person for an offence under these Regulations, it shall be a defence for a specified party, or accountable institution or a person to show that it took all reasonable steps and exercised due diligence to comply with the requirements of these Regulations.

38. Revocation of S.I. No. 104 of 2019

The Financial Intelligence Regulations are hereby revoked.

SCHEDULE

FORM A
AUTHORITY TO ACT ON BEHALF OF ANOTHER

(reg 5(5))

I …….………………………. of Identity Number/Passport No. ………………. being of sober and sound mind and acting wilfully do hereby appoint ……………………………….. of Identity Number/Passport No. …………….………… to act for or on my behalf ………………………..……. from ………………… until …………….

This appointment is executed for the purpose of expediting the transaction of all investment affairs of mine and to permit action in my name and on my behalf with respect to my financial transactions or my property during this period of appointment.

I confer power on my representative to do all things deemed necessary or proper to carry out the provisions and intent of this appointment or carry out including but not limited to the following powers, all of which may be exercised from time to time at his or her discretion and with respect to ………..……………………………. in which I now or hereafter have any interest.

Thus signed on this ………. day of ………….. 20…… at ………………………..

Witness

1. …………………… Signature………………………

2. …………………… Signature………………….……

FORM B
CASH TRANSACTION REPORT

(reg 20(2))

CASH TRANSACTION REPORT OF P10 000 OR MORE

A cash transaction equal to or in excess of P10 000 is reportable to the Financial Intelligence Agency under the Financial Intelligence Act	Report Reference No. ……..
Date of Report: …. /…../…..
INSTRUCTIONS FOR COMPLETING THE REPORT FORM:	Send completed forms by Post to:
• Complete as much of this form as possible, providing clear and accurate information	The Director General Financial Intelligence Agency Private Bag 0190 Gaborone Botswana
• All fields are mandatory, if you are unable to answer the question or if isn’t relevant please indicate with Not Applicable (N/A)
• Complete the form in black ink and CAPITAL LETTERS	or fax to: +267 3905742
• Mark appropriate boxes with a cross (X)
• For detailed instructions on how to complete this form please refer to guidelines issued by the FIA
• A report must be submitted within 5 days

PART A: DETAILS OF THE ACCOUNT/PRODUCT/PERSON/ORGANISATION TO WHICH THE CASH TRANSACTION RELATES

FORM C
SUSPICIOUS TRANSACTION REPORT

(reg 21(1))

A suspicious transaction is reportable to the Financial Intelligence Agency under the Financial Intelligence Act (Cap. 08.07)	Report Reference No. ……..
	Date of Report: ……/……/…..
INSTRUCTIONS FOR COMPLETING THE REPORT FORM:	Send completed forms by Post to:
• Complete as much of this form as possible, providing clear and accurate information	The Director General Financial Intelligence Agency Private Bag 0190 Gaborone Botswana
• All fields are mandatory, if you are unable to answer the question or if isn’t relevant please indicate with Not Applicable (N/A)
• Complete the form in black ink and CAPITAL LETTERS	or fax to: +267 3905742
• Mark appropriate boxes with a cross (X)
• For detailed instructions on how to complete this form please refer to STR guidelines issued by the FIA

FORM D
CERTIFICATE ISSUED BY FINANCIAL INTELLIGENCE AGENCY

(reg 36)

Summary of report

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

(a) Reporting entity…………………………………………………………………….………………

(b) Type or nature of report:

(i) STR (Suspicion Transaction Report)

(ii) LCT (Large Cash Transaction)

(iii) EFT (Electronic Funds Transfer)

(d) Particulars of the reporting officer ……………………………………………….……………

Designation ………………………………………………………………………..……………

(e) Annexures ………………………………………………………………………………………

(f) Mode of reporting ………………………………………………………………………………

(i) Internet Based Reporting Portal

(ii) CD

(iii) STR Form

……………………………
Date

…………………………………………….. …………………………….
Stamp/Signature of Director General/ Time
Designated office