Participation in OECD (list year):
N/A.
TerraLex Guide to Anticorruption Legislation
Welcome to the Terralex cross-border guide to anticorruption legislation
This guide offers information on the current regulations related anticorruption policies in various jurisdictions around the world. Please contact the listed contributors for specific questions.
How to Use: You can use the tools below to create bespoke reports for the jurisdiction(s) and topic(s) covered. Click into single jurisdiction for one location or use the compare tool to compare multiple jurisdictions. Select the jurisdictions and topics of interest to create your unique report. You also have the option to print or download using the ellipsis button in the top right corner.
Botswana TerraLex Guide to Anticorruption Legislation Guide
- Firms:
- Fairbridges (Botswana)
- Authors:
- Bob Groeneveld, Rahim Khan
- Date posted:
- 04/04/2023
- Last update:
- 05/04/2023
Guidance
What is the applicable anticorruption legislation?
The main piece of legislation that addresses corruption in Botswana is the Corruption and Economic Crime Act of 1994 and the Penal Code which criminalise the abuse of power, as well as active and passive bribery of public officials. Secondary pieces of legislation, such as the Proceeds of Serious Crime Act and the Criminal Procedure and Evidence Act also address forms of corruption.
What does this legislation prohibit?
Active and passive corruption in the form of receiving or giving valuable considerations or gifts as an inducement for the certain conduct. It guards against forms of corruption including conflict of interest, nepotism and patronage, tenderpreneurship, petty and bureaucratic corruption
Does it cover bribes to foreign government officials?
Yes.
Does it cover business to business corruption?
Yes.
Are facilitation payments allowed?
No.
Can a corporation be prosecuted for acts of overseas agents, intermediaries, joint venture partners, and third parties?
Yes.
Does the legislation have extra territorial reach?
Yes.
Can Directors of a company be found personally liable?
Yes.
What are the sanctions for breach of the legislation for Directors and corporations?
The maximum penalties for both directors and corporations include imprisonment for up to 10 years and/or fines of BWP 500 000.00.
Can companies be held liable for corruption offences? If so, under which conditions?
Is there an obligation on companies to put in place preventive measures (such as a compliance program, a whistleblowing line)? If so, what are the sanctions?
Can the implementation of a compliance program constitute a mitigating circumstance in case of an established offense?
Is a corporate settlement procedure available for corruption offenses?
If conditional approval is possible, what type of conditions or commitments may be imposed? Are there any consequences for failing to comply with these conditions or commitments?
Disclaimer: This guide contains summaries of general principles of law. It is not a substitute for specific legal advice and should not be relied upon in relation to the application of the law or subject matter covered.