BOTSWANA
Since March 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Regulations, 2023
In accordance with Section 85 of the Public Procurement Regulations, procuring entities must include a mandatory provision in tender documents requiring successful bidders to transfer technological or other skills to citizens or local contractors. This transfer is to be achieved through training, mentoring, and active participation. Additionally, the tender document must reserve employment opportunities for citizens in works, consultancy services, and non-consultancy services, including positions at the professional and management levels.
Coverage Horizontal
BOTSWANA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Botswana is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
BOTSWANA
N/A
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Botswana Telecommunications Corporation Limited Constitution
The Botswana Telecommunications Corporation Limited (BTCL) is a telecom company and was formerly a government parastatal. According to Clause 6.2 of the Constitution of the BTCL, no shares shall be issued to foreigners. Therefore, foreigners cannot own shares in this telecommunications company, which is also the only listed telecommunications company in Botswana.
Coverage Telecommunications sector
BOTSWANA
Since August 2019, entry into force in June 2020
Since May 2020
Since May 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Trade Act, 2019
Trade Regulations, 2020
Trade Regulations, 2020
Art. 17 of the Trade Act grants the Minister the authority to designate specific trades or businesses as exclusively reserved for citizens of Botswana or companies wholly owned by Botswana citizens. In line with Section 24 of the Trade Regulations, the businesses reserved for locals include, among others, cell phone shops and internet cafés. However, joint ventures between citizens and non-citizens may be approved by the Minister responsible for medium and large enterprises.
Coverage Cell phone shops and internet cafés
Sources
- https://assets-global.website-files.com/601b3fe900f2a66ff84d23e2/61605ca1def51624c34fa6d5_botswana-investment-law-vd7jq0aa.pdf
- https://web.archive.org/web/20220302152336/https://www.bocra.org.bw/sites/default/files/covid19-docs/Extraordinary%20Gazette%2020th%20May%202020%20copy.pdf
- https://docs.wto.org/dol2fe/Pages/FE_Search/MultiDDFDocuments/302601/q:/WT/TPR/S447R1-01.pdf;q:/WT/TPR/S447R1-02.pdf;q:/WT/TPR/S447R1-03.pdf;q:/WT/TPR/S447R1-04.pdf;q:/WT/TPR/S447R1-05.pdf;q:/WT/TPR/S...
- Show more...
BOTSWANA
Since July 2007
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Companies Act, 2007
Section 145 of the Companies Act provides that a public company shall have at least two directors, and a private company shall have at least one director who shall be ordinarily resident in Botswana.
Coverage Horizontal
BOTSWANA
Since September 2011, entry into force in February 2012
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Botswana Investment and Trade Centre Act
The Botswana Investment and Trade Centre (BITC) was established by the Botswana Investment and Trade Centre Act. Part V of the Act sets the functions, powers and duties of the Centre, which screens all proposed investments to ensure that they fall within the set priority investment sectors. An investment application is likely to succeed if it demonstrates some of the following:
- Number and quality/level of employment created;
- Potential for skills and technology transfer;
- Potential for export and import substitution;
- Potential to create backward and forward linkages;
- Innovation and creativity;
- Priority sector under the Economic Diversification Drive (EDD).
- Number and quality/level of employment created;
- Potential for skills and technology transfer;
- Potential for export and import substitution;
- Potential to create backward and forward linkages;
- Innovation and creativity;
- Priority sector under the Economic Diversification Drive (EDD).
Coverage Horizontal
Sources
- https://botswanalaws.com/alphabetical-list-of-statutes/botswana-investment-and-trade-centre
- https://web.archive.org/web/20180318030449/https://www.bitc.co.bw/botswana-one-stop-service-centre
- https://investmentpolicy.unctad.org/investment-policy-monitor/measures/3214/launch-of-the-botswana-one-stop-service-centre-
- https://web.archive.org/web/20211006160519/https://www.gobotswana.com/investment-promotion-function
- Show more...
BOTSWANA
Since October 2003
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Botswana is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
BOTSWANA
Since April 2000, last amended in October 2006
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright and Neighboring Rights Act, 2000 (Chapter 68:02, as amended by Act No. 6 of 2006)
Botswana has a copyright regime under the Copyright and Neighbouring Rights Act 2000. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Section 12 lists the exceptions, which include private reproduction for personal purposes, reproduction for teaching, reprographic reproduction by libraries and archives, reproduction, broadcasting and other communications to the public for information purposes, importation for personal purposes and temporary reproduction, amongst other things. In addition, Section 3 of the Act lists the types of works that would be protected, including computer programs. Furthermore, Section 36 provides that the provisions of any international treaty with respect to copyright and related rights to which Botswana is a party shall apply. Botswana is a signatory to the TRIPS Agreement, which has incorporated the Berne Convention.
Coverage Horizontal
BOTSWANA
Reported in 2021, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright enforcement online in Botswana is inadequate. Reports indicate that piracy and content theft in Botswana primarily take the form of online broadcast piracy, which entails using video and audio content without the permission of the rights holders.
Coverage Horizontal
BOTSWANA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Botswana is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
BOTSWANA
Since January 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Botswana has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
BOTSWANA
Since November 2021
Since March 2023
Since March 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement Act, 2021
Public Procurement Regulations, 2023
Public Procurement Regulations, 2023
Section 76 of the Public Procurement Act stipulates that, except as otherwise provided under this Act, all works, services, and supplies procurement should be reserved for a citizen or national contractor. In particular, certain procurement activities are reserved for local producers or suppliers. These include:
- Procurement activity offered only by a fully national-owned MSME;
- Goods manufactured locally by a fully national contractor;
- Services provided by a citizen or a fully national contractor;
- A procurement activity intended to promote innovation, local technology, and the commercialisation of the procurement activity; and
- The creation of jobs, capacity-building, and skills transfer.
Further details about reservation schemes can be found in Regulation 88 of the Public Procurement Regulations.
The Public Procurement Act repealed the Public Procurement and Asset Disposal Act, which contained a different reservation scheme. Section 71 of the repealed Act provided that reservation schemes applied to procurement of the following nature: low complexity; limited scale; repetitive in nature; having a financial ceiling; open only to citizen contractors; and based only on competition among the eligible contractors in the classification in question.
- Procurement activity offered only by a fully national-owned MSME;
- Goods manufactured locally by a fully national contractor;
- Services provided by a citizen or a fully national contractor;
- A procurement activity intended to promote innovation, local technology, and the commercialisation of the procurement activity; and
- The creation of jobs, capacity-building, and skills transfer.
Further details about reservation schemes can be found in Regulation 88 of the Public Procurement Regulations.
The Public Procurement Act repealed the Public Procurement and Asset Disposal Act, which contained a different reservation scheme. Section 71 of the repealed Act provided that reservation schemes applied to procurement of the following nature: low complexity; limited scale; repetitive in nature; having a financial ceiling; open only to citizen contractors; and based only on competition among the eligible contractors in the classification in question.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230531085801/https://www.biust.ac.bw/download/public-procurement-act/
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S447R1-02.pdf&Open=True
- http://www.ppadb.co.bw/Manuals%20%20Acts/PUBLIC%20PROCUREMENT%20REGULATIONS%202023.pdf
- https://web.archive.org/web/20240629172404/https://ppp.worldbank.org/public-private-partnership/sites/ppp.worldbank.org/files/documents/Public%20Procurement%20and%20Asset%20Disposal%20Act%20Chapter%20...
- Show more...
BOTSWANA
Since January 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Botswana has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
BOTSWANA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.66%
Coverage rate of zero-tariffs on ICT goods (%)
73.87%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
