BWA- OA – IMPORT
ANIMAL HEALTH
Botswana / Animal health
IMPORT CONTROL AND EXPORT CERTIFICATION
IMPORT
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Regulation 2 (extract): "stock" means cattle, sheep, camels, goats, horses, mules, asses, pigs and slaughtered carcass or portion of the slaughtered carcass of such animals, all domesticated birds or poultry or any portions thereof, and for the purposes of regulations 57 to 74 shall include all canines, felines, other carnivora and monkeys; and shall include any other animal which has been prescribed to be stock under the Act to be stock for the purposes of these Regulations;
Regulation 5(extract):
(1) Anyone desirous of importing stock into Botswana shall first make an application to the Director or through any other official to the Director for a permit stating-
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(c) the route by which they will travel and if required shall produce a certificate from a Government veterinary surgeon, or some duly authorized officer, stating that the stock is free from diseases, and have not come from an infected area.
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(3) In addition to any conditions which may be imposed by any official under subregulation (1)(c) a permit will be issued for the introduction of pigs into Botswana in terms of that regulation only upon production of a certificate issued by a veterinary surgeon duly authorized thereto by the Government of the country of origin of the pigs certifying that they-
(a) have not been vaccinated against swine fever (Hog cholera) by the serum-virus method;
(b) were subjected to and successfully passed the tuberculin test for both bovine and avian tuberculosis;
(c) were kept in isolation at the port of embarkation or other place approved by the Government of the country of origin for the period of 14 days immediately preceding
the date of shipment to Botswana and that during that period they were found on examination to be free from ascaris infection and external parasites;
(d) were examined by him immediately prior to shipment and found to be healthy and free from foot-and-mouth disease, swine fever, swine erysipelas, swine influenza,
swine plague, Anjeszky's disease, rabies, anthrax and all other diseases to which swine are susceptible or which they are capable of conveying; and that to the best
of his knowledge and belief they emanate from a country, district or other administrative area which is free from all such diseases, and has been so free for a
period of at least six months.
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Section 75 (extract):
(1) The Minister may, after consultation with the National Health Council, by Order published in the Gazette, prohibit, restrict or regulate the immigration or importation, into Botswana, of any person, animal, article or thing likely, in his or her opinion, to introduce any communicable disease
or impose restrictions or conditions as regards the examination, detention, cleansing or otherwise of any person, animal, article or thing.
Section 80 (extract):
(1) Where it is considered necessary for the purpose of preventing the introduction of a communicable disease into Botswana, the Minister may, by Order published in the Gazette
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(b) regulate, restrict or prohibit the introduction into Botswana, at its borders or any specified part of Botswana, of any animal, article or thing;
Section 35 (extract):
(1) Goods shall be prohibited where their import or export is against —
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(d) public health;
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(g) the protection of consumers;
(2) Goods shall be restricted where their import or export is conditional upon compliance with specific conditions or formalities restricting the import or export of the goods, other than the obligation to present the goods to Revenue Service and lodge a customs declaration.
(3) Except as otherwise provided for in this Act, goods that are prohibited shall not be cleared for any customs procedure.
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Section 57(extract):
(1) The President may conclude an agreement with the government of any territory in Africa in which it is provided that, notwithstanding anything to the contrary contained in this Act —
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(b) such arrangements (including arrangements providing for the prohibition or quantitative or other limitation or restriction of the importation of any goods) as may be agreed upon between the parties to the agreement shall apply in respect of the admission of any goods into the territory of one of the parties from the territory of the other party and in respect of the entry of and the collection of duty on goods on importation into the territory of any party from a territory other than the territory of the other party;
Regulation 4 (extract):
(2) Where a bilateral agreement has been entered into between the Bureau and the exporting country’s recognised certifying body to do inspection on behalf of the Bureau, the Bureau shall issue a note of recognition in respect of the commodity tested by the said body without collecting samples for evaluation.
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Section 7 (extract):
(1) The Minister may appoint by notice published in the Gazette —
(a) places to be places of entry for Botswana, through which goods may be imported or exported or where goods may be landed for transit, where persons entering or leaving Botswana may disembark or embark or where goods may be entered for excise purposes;
(b) the roads or routes (including railways) over which persons may enter or leave Botswana or imported goods or goods intended for export or transit carriage may enter or leave Botswana or may be carried from any one point to any other point or the means of carriage of such goods;
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(d) places for such particular and limited purposes and for such periods as may be appointed;
(e) places to be excise airports at which aircraft entering Botswana shall first land, from which aircraft leaving Botswana shall finally depart, through which goods may be imported or exported or where goods may be landed for transit or where persons entering or leaving Botswana may disembark or embark;
Regulation 13 (extract):
(1) The Director shall, subject to the Act, designate ports of entry for the purpose of importation of any animal.
Section 53 (extract):
(1) The Minister shall designate by Regulation places of entry and exit from Botswana —
(a) through which means of transport shall enter or depart;
(b) through which goods may be imported or exported;
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Section 62 (extract):
(1) No person shall, except under and in accordance with the terms and conditions of a permit granted to him by the Director under subsection (3), export from or import into or transport through or re-export from Botswana any animal, or trophy, meat or eggs thereof.
Regulation 5 (extract):
(1) Anyone desirous of importing stock into Botswana shall first make an application to the Director or through any other official to the Director for a permit stating-
(a) the number and kind of stock which it is desired to introduce, and their breed and sex, stating in the case of cattle whether they have been or are to be kept for dairying or beef purposes, or both;
(b) the country and the particular district and farm, from which they come;
(c) the route by which they will travel and if required shall produce a certificate from a Government veterinary surgeon, or some duly authorized officer, stating that the stock is free from diseases, and have not come from an infected area.
Section 6 (extract):
(1) No person shall, without the consent of the Director, import or export any animal, carcass, hide, skin, hoof, hair, wool, semen or any other produce of animal origin, litter, dung, fodder, live virus, or other pathogenic agent capable of setting up disease in animals, serum, vaccine or other biological or chemical product intended to be used for the treatment of animals.
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Regulation 13 (extract):
(2) While at the ports of entry-
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(b) the Director shall issue the owner of an animal being imported with a stock movement permit for the owner to move the animal from the port of entry to the animal’s next destination.
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(4) A stock movement permit referred to in subregulation (2)(b) shall be issued in the form of an electronic document from the stock and traceability system unless the Director directs otherwise.
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Section 80 (extract):
(1) Where it is considered necessary for the purpose of preventing the introduction of a communicable disease into Botswana, the Minister may, by Order published in the Gazette
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(c) impose requirements or conditions as regards the medical examination, detention, quarantine, cleansing, vaccination, isolation or medical surveillance or otherwise, of persons entering Botswana; or the examination, detention or cleansing or otherwise of any article or thing
introduced into Botswana, at its borders or any part of Botswana; and
(d) apply, with or without notification, any provisions of this Part to persons, animals, articles or things entering or introduced into, departing or removed from, Botswana by means of aircraft, train or other conveyance.
Section 7 (extract):
(2) The Director may direct that any animal imported or to be exported under section 6, or any animal infected or suspected to be infected with any disease, shall be-
(a) held in a quarantine station for such time; and
(b) subjected to such test, inoculation, treatment or dipping, as he may direct.
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Regulation 17:
All stock, except dogs and other carnivora or monkeys coming from countries in which rabies does not exist, imported on or after the commencement of these Regulations, may be detained at the border until they have been examined by an official appointed for the purpose, and shall only be allowed to proceed when such official is satisfied that they are free from disease.
Section 12:
A customs officer may carry out an inspection of goods, means of transport and persons for the purposes of application and enforcement of this Act with respect to the goods.
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Section 133 (extract):
(1) Port health officers shall, at points of entry
(a) implement port health programmes and ensure compliance with public health laws;
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(d) monitor the quality of chemicals, safety of food and water including imported food and water and their certification documents
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(2) The Director may, in writing, issue specific instructions, to port health officers, related to public health issues at the point of entry.
Section 35 (extract):
(1) Goods shall be prohibited where their import or export is
against —
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(d) public health;
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(g) the protection of consumers;
(2) Goods shall be restricted where their import or export is conditional upon compliance with specific conditions or formalities restricting the import or export of the goods, other than the obligation to present the goods to Revenue Service and lodge a customs declaration.
(3) Except as otherwise provided for in this Act, goods that are prohibited shall not be cleared for any customs procedure.
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Section 106 (extract):
(1) The Commissioner General may at any time for the safe
guarding of public health or for the safety of the public, and at the expense and risk of the importer, exporter, owner or pilot concerned, as the Commissioner General may determine —
(a) cause any goods under excise control forthwith to be destroyed or otherwise disposed of;
Section 271 (extract):
The Commissioner General shall dispose of goods —
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(c) that are prohibited;
(d) that have been forfeited by Revenue Service;
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(f) that are perishable or hazardous;
(2) The Revenue Service may take measures to dispose of goods under this section by public auction or by any other measures as it may determine.
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Section 35(extract):
(36) Any person from whom such goods were seized shall be liable for any reasonable costs and expenses incurred by and charges due to the Commissioner General, in respect of the handling of and dealing with such goods as contemplated in subsection (35).
Section 106 (extract):
(1) The Commissioner General may at any time for the safe
guarding of public health or for the safety of the public, and at the expense and risk of the importer, exporter, owner or pilot concerned, as the Commissioner General may determine —
(a) cause any goods under excise control forthwith to be destroyed or otherwise disposed of;
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Section 134 (extract):
(3) A person who denies entry to the Director, his or her deputy, a port health officer to enable him or her to perform any duty specified in this Act commits an offence. (4) Any person who contravenes or fails to comply with any provision of this Part commits an offence and is liable to a fine not exceeding P5 000, or to imprisonment for a term not exceeding 12 months, or to both.
Regulation 41:
Any person who imports into Botswana from any other country any vehicle (other than railway or motor vehicle) or wagon gear or cart gear or harness, also hay, grass, or any horns or skins taken from animal, without a permit signed by the Minister or some person appointed by him to sign such permits, or by the Director, shall be guilty of an offence
Regulation 21:
Any person who contravenes any provision of these Regulations, where no penalty is provided, commits an offence and is liable to a fine not exceeding P5000 or to imprisonment for a term not exceeding five years, or to both.
Regulation 70:
(1) Any person who contravenes or who fails to comply with any provision of these Regulations shall, even where such contravention or failure is not elsewhere declared an offence, be guilty of an offence.
(2) Any person guilty of an offence under these Regulations shall, where no punishment is expressly provided for such offence, be liable on conviction to a fine not exceeding P400 or treble the value of the goods in respect of which such offence was committed, whichever is the greater, or to imprisonment for a term not exceeding six months, or to both.
Section 6(extract):
(3) Any person who contravenes the provisions of this section shall be guilty of an offence.