One-stop border post Act (No.10 of 2013)

1. Short title and commencement

2. Interpretation

3. One-stop border post agreement

4. Designation of point of entry as one-stop border post

5. Applicable laws

6. Offences committed at Botswana exclusive use area

7. Regulations An Act to provide for the designation of certain points of entry as one-stop border posts and the making of bilateral agreements authorising the use of such points as one-stop border posts, and for matters connected thereto. Date of Assent: 4th September, 2013. Date of Commencement: On Notice. ENACTED by the Parliament of Botswana.

1. This Act may be cited as the One-Stop Border Posts Act, 2013 and Short title and commencement shall come into operation on such date as the Minister may, by Order, appoint.

2. In this Act, unless the context otherwise requires — Interpretation “adjoining State” means the Republic of Namibia, the Republic of South Africa, the Republic of Zambia or the Republic of Zimbabwe; “agreement” means any bilateral agreement concluded under section 3; “border control procedures” means any border related control measures, checks and authorisations provided under any law in Botswana or in the adjoining State; “control zone” means the area in the territory of the parties to an agreement within which authorised officers of either one of the parties to the agreement are empowered to perform border control procedures, and includes an exclusive use area; “exclusive use area” means the area of the control zone dedicated for the exclusive use of one of the parties to an agreement; and “one-stop border post” means a border post which has been designated as such under section 4. 88 88 BLUEBOOK BLUE BOOK -- BOTSWANA BOTSWANA 89 One-stop 3. (1) The Minister may enter into an agreement with the border post Government of any adjoining State for the purposes of establishing a agreement one-stop border post. (2) An agreement made under subsection (1) shall provide for — (a) any border post in the territory of Botswana or within the territory of one or more adjoining State to be used as a one-stop border post at which border control procedures shall be under taken; and (b) any other matter set out in the agreement. (3) An agreement made under subsection (1) shall come into operation on such a date as the Minister shall, by Order published in the Gazette appoint. Designation of 4. (1) The Minister may, by Order published in the Gazette, designate point of entry as one-stop and appoint any point of entry specified under the Immigration Act, as border post a one-stop border post for purposes of an agreement entered into under Cap. 25:02 section 3. (2) A point of entry designated under subsection (1) shall be deemed Cap. 50:01 to be a place of entry for purposes of the Customs and Excise Act. Applicable 5. (1) The laws of the State at which the control zone is situated laws shall be applicable. (2) Notwithstanding subsection (1), an officer shall perform border control procedures at the control zone in accordance with the laws of the State he or she works for. Offences 6. Notwithstanding the provisions of section 5 of the Penal Code, committed at Botswana where a person commits an act or omission which constitutes an offence exclusive against the laws of Botswana in an exclusive use area of Botswana use area Cap. in an adjoining State, such an act or omission shall be deemed to be 08:01 committed within the jurisdiction of Botswana. Regulations 7. The Minister may make regulations prescribing anything required to be prescribed or for the better carrying out of the purposes of this Act. PASSED by the National Assembly this 11th day of July, 2013. BARBARA N. DITHAPO, Clerk of the National Assembly. 89 89