Basic information
Outline of the system
In terms of importing diamonds into Botswana there is no Import license required. However, in order to trade in rough/uncut Diamonds a company has to have a Precious Stones Dealers License. This License allows the holder to buy, sell, import and export rough Diamonds and it is valid for a period not exceeding five years. All these are guided by the Precious and Semi-Precious Stones (Protection) Act, Chapter 66:03.
Botswana is a participating member of the Kimberley Process Certification Scheme (KPCS), the association of governments of diamond-producing and importing countries, commercial diamond firms, pan-industry associations and non-governmental organisations (NGOs).
The information is published in a number of publications including the Botswana Trade Portal website, and Government portals and various flyers. The information published is in terms of regulations for trading in rough or uncut diamonds.
Product coverage
Rough or uncut diamonds.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The KPCS has implemented a certification system for the international trade in rough diamonds, designed to prevent "blood" or "conflict" diamonds from being shipped through legitimate trading channels.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
All imports of rough or uncut diamonds from participants of the Kimberley Process Scheme (KPCS).
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Kimberley Process Scheme (KPCS).
Precious and Semi-Precious Stones (Protection) Act, Chapter 66:03; Export and import of rough diamonds regulations, 2004 (chapter 66:03)
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All firms and institutions are eligible to import Rough Diamonds unless they do not meet the requirements. No person shall import any rough diamonds unless such rough diamonds are accompanied by a Kimberly process certificate issued in the State of export.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Diamond Hub
Documentation requirements
What information is required in applications?
N/A.
What documents is the importer required to supply with the application?
N/A.
Window of submission of an application
How far in advance of importation must application for a licence be made?
An import notification is sent prior to the arrival of the shipment. This is mandatory practice and a shipment can be kept on hold if no notification is received.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
N/A.
Issuing the license
Can a licence be granted immediately on request?
N/A.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
N/A.
Which administrative body is responsible for approving application of licences?
The goods are cleared by BURS at the airport and brought to the Diamond Hub by the client for inspection.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
N/A.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
N/A.
What is the amount of the fee or charge?
N/A.
Is there any deposit or advance payment required associated with the issue of licences?
N/A.
Amount or rate?
N/A.
Is it refundable?
N/A.
What is the period of retention?
N/A.
What is the purpose of this requirement?
N/A.
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Compliant goods are released to the client and non-compliant goods are confiscated.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
A person aggrieved by any decision of the Minister under these regulations may appeal to the President against that decision.
If so, to what bodies and under what procedures?
A person aggrieved by any decision of the Minister under these regulations may appeal to the President against that decision.
Importation
Are there any limitations as to the period of year during which importation may be made?
N/A.
What documents are required upon actual importation?
All rough diamond shipments have to be accompanied by a Kimberley Process Certificate which is issued by the exporting country's KP authority.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
N/A.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
A Kimberley process certificate issued in terms of regulation 4 (2) shall be valid for one month and shall not be renewable or transferable.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
N/A.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
N/A.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
N/A.
Is a licence required as a condition to obtaining foreign exchange?
N/A.
Is foreign exchange always available to cover licences issued?
N/A.
What formalities must be fulfilled for obtaining the foreign exchange?
N/A.