As of the 1st of June 2020, the new Trade Act No. 25 of 2019 and the Trade Regulations of 2020 (the New Trade Act) came into operation and revoked the Trade Act of 2008 and the Trade Regulations of 2011 (the Old Trade Act), as announced by Botswana’s Minister of Investment, Trade and Industry, Honourable Peggy Serame. The key amendments are as follows:
|
|
|
|
|
|
||
|
1. |
A
fine not exceeding P50,000.00 and/or imprisonment for a term not
exceeding five years.
|
A
fine not exceeding P10,000.00 and/or imprisonment for a term not
exceeding three years.
|
|
|
||
|
2. |
“agent”
shall mean a business which supplies goods for sale but does not keep any
stock.
|
“agent”
meant a business which negotiated contracts between parties for the sale of
goods.
|
|
3. |
“wholesale”
means a store which sells goods in bulk per product or line item but does not
include imported pre-owned earth moving equipment, heavy duty machinery,
tractors and motorcycles.
|
“wholesale”
meant a store of at least 1 500 square metres, which sold goods in bulk per
product or line item.
|
|
4. |
A
distributor shall carry out it’s business from a warehouse of at least 75
square metres.
|
A
distributor could carry out his business from a 100 square metres warehouse.
|
|
|
||
|
5. |
“motor
dealer” and “petrol filling station” were deleted from the New Trade
Act, effectively, the two trades shall not be regulated under the New Trade
Act.
|
|
|
|
||
|
6. |
General
clothing licence
|
|
|
|
||
|
7. |
All
licences and business registration certificates shall be attached to the
fixed premises specified on the licence.
|
The
following licenced or registered businesses previously attached to the
applicant shall be attached to the fixed premises:
Auctioneer,
distributor, driller, industrial hardware licence, imported pre-owned motor dealer
and take away.
|
|
|
||
|
8. |
Application
fee shall be a non-refundable fee of P200.00.
|
Application
fee was a non-refundable fee of P100.00.
|
For purposes of complying with the New Trade Act, we are available to assist with:
- exemption applications in respect of reserved trades;
- licences and business registration certificate applications; or
- transfer of a trade licence or business registration certificate.
For further information or enquiry, please do not hesitate to contact Olorato at olorato@peolegal.co.bw or +267 397 5779.