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Botswana Compliance Report

Generated 2026-09-22

Comprehensive Framework

Regulatory Overview

Regulatory Status
Dedicated crypto/VA legislation, licensing regime, active enforcement
Key Regulator(s)
Financial Intelligence Agency, Implementation of United Nations Security Council, Non-Bank Financial Institutions Regulatory Authority, Al-Qaida Sanctions Committee, Botswana Communications Regulatory Authority, Ministry of Finance
Primary Legislation
Act No. 4 of 2025, Applicants must be a company incorporated in Botswana under the Companies Act., Section 14(1)(a) of Botswana's Financial Intelligence Act, 2022 requires every s, Section 38 of Botswana's Financial Intelligence Act, 2022 requires a specified p, Botswana's Companies (Amendment) Act, 2025 is cited as Act 3 of 2025 and its pri, Section 10(2)(c)(v) of Botswana's Virtual Assets Act, 2022 requires a licence ap, s Virtual Assets Act, 2022 allows NBFIRA to require an applicant to furnish additional information on 14 days, Licence holders under Botswana's Virtual Assets Act, 2025 carry express continui, Act No. 2 of 2022, Cooperate with law enforcement for criminal prosecution in cases of fraud., This is a newer act. You would similarly look for it on the Attorney General's C, The Botswana Virtual Assets Act, 2022 carries a date of assent and a date of com, s Financial Intelligence Act, 2022 (Act No. 2 of 2022), assented and commenced 25 February 2022, defines
Travel Rule
Adopted — Threshold: Implemented
Tax Reporting
Trading: If an individual regularly buys and sells cryptocurrencies with the intention of making a profit, these activities are likely to be considered a "trade" or "speculative venture." The profits realized would be subject to personal income tax.. Mining: Income derived from cryptocurrency mining (e.g., block rewards, transaction fees) would be considered ordinary income and taxable.. Staking/Lending: Rewards earned from staking or lending cryptocurrencies would also be treated as ordinary income.. Receiving Crypto as Payment: If an individual receives cryptocurrency as remuneration for services rendered or as a salary, the value of the cryptocurrency at the time of receipt would be taxable as employment income.. Companies dealing in cryptocurrencies as part of their business activities (e.g., crypto exchanges, trading firms, mining operations, businesses accepting crypto payments) would include profits from these activities in their taxable income.

Key Facts

  • aml Botswana's proceeds-of-crime statute is the Proceeds and Instruments of Crime Act, Chapter 08:03, as amended by Act No. 28 of 2014 and Act No. 8 of 2018; the Proceeds of Serious Crime Act occupied that same Chapter 08:03 before repeal and no Chapter 08:06 exists, while money-laundering reporting and confiscation-support duties for virtual asset service providers run through the Financial Intelligence Act, 2022 (Act No. 2 of 2022). Botswana's operative anti-money-laundering statute is the Financial Intelligence Act, 2022 (Act No. 2 of 2022, Chapter 08:07), assented and commenced on 25 February 2022 and amended by the Financial Intelligence (Amendment) Act, 2025 (Act No. 1 of 2025); it repealed the Financial Intelligence Act, 2019, which was Act No. 11 of 2019 and not No. 17, and it binds virtual asset service providers as 'specified parties' with customer due diligence under sections 16 and 20 and twenty-year record keeping under section 32. AML/CFT guidance for Botswana virtual asset service providers is issued by NBFIRA under section 49(1)(c) of the Financial Intelligence Act, 2022, which requires supervisory authorities to establish and issue guidance notes in consultation with the Financial Intelligence Agency; the operative instrument is NBFIRA's guidance note 'Implementing AML/CFT Programmes' for non-bank financial institutions conducting virtual assets business, dated 10 March 2025. NBFIRA is the designated Regulatory Authority for virtual asset service providers in Botswana under the Virtual Assets Act, and its constitutive statute is now the Non-Bank Financial Institutions Regulatory Authority Act, 2023 (Act No. 21 of 2023), which commenced on 15 January 2024 and replaced the 2006 Act published as Act No. 2 of 2007. NBFIRA's AML/CFT guidance for virtual assets business is the guidance note 'Implementing AML/CFT Programmes', dated 10 March 2025 and issued under section 49(1)(c) of the Financial Intelligence Act, 2022 and section 4(1)(c) of the Virtual Assets Act, 2025; no NBFIRA virtual-asset AML/CFT guidance note bearing a November 2022 date is published. National identity number (e.g., Omang for citizens), passport number, or other official identification document number. Residential address (verified with utility bills, bank statements, or other official documents). Source of funds and source of wealth (especially for high-risk customers or large transactions).
  • custody Botswana's operative virtual-asset statute is the Virtual Assets Act, 2025 (Act No. 4 of 2025), which commenced on 24 January 2025 by Statutory Instrument No. 9 of 2025 and whose section 40 repeals the Virtual Assets Act, 2022 (Act No. 3 of 2022); the repealed 2022 Act was assented to and commenced on 25 February 2022 and was never numbered Act No. 19 of 2022, nor gazetted on 27 May 2022. Non-Bank Financial Institutions Regulatory Authority (NBFIRA) Website: NBFIRA Website The prohibition on carrying on virtual asset business without a licence is section 9 of Botswana's Virtual Assets Act, 2025 (Act No. 4 of 2025), re-enacting section 9 of the repealed 2022 Act, and it requires a virtual asset service provider licence or an issuer of initial token offerings licence; section 5 of both Acts is instead the Regulatory Authority's power to request information. Botswana's Virtual Assets Act places its interpretation provisions in section 2, not section 3, section 3 being the application provision; the repealed Virtual Assets Act, 2022 defined a virtual asset service provider as a person who under an agreement, as part of a business, undertakes a virtual asset service on behalf of another person, or who is a dealer or is willing to deal on own account by buying and selling virtual assets at prices set by that person, and the Virtual Assets Act, 2025 re-enacted that definition to cure the drafting deficiency ESAAMLG identified against the FATF standard. Sections 6-10: Outline the application process for a license, including requirements such as: Application in the prescribed form. Payment of prescribed fees.
  • enforcement NBFIRA publishes named public notices against virtual asset service providers in Botswana, comprising unlicensed-provider warnings against YellowOcta.com Trading Company on 13 September 2022, Berry Crypto Trading Platform on 12 December 2022 and FS Global Properties Limited Botswana on 13 March 2023, and a February 2026 notice revoking the licence of PAA Capital (Proprietary) Limited under section 15(b) of the Virtual Assets Act, 2025; none of these notices states a monetary penalty. Botswana's operative virtual-asset statute is the Virtual Assets Act, 2025 (Act No. 4 of 2025), which commenced on 24 January 2025 under the Virtual Assets Act (Date of Commencement) Order, 2025, S.I. No. 9 of 2025, and whose section 40 repeals the Virtual Assets Act, 2022 (Act No. 3 of 2022); section 9 prohibits unlicensed virtual asset business, section 11 governs the issue of licences, and NBFIRA is the Regulatory Authority exercising supervisory and enforcement powers under the Act. NBFIRA is the Regulatory Authority for virtual asset service providers under the Virtual Assets Act, 2025 (Act No. 4 of 2025), and it has issued named public warnings against unlicensed providers, including YellowOcta.com Trading Company on 13 September 2022, Berry Crypto Trading Platform on 12 December 2022 and FS Global Properties Limited Botswana on 13 March 2023, and it revoked PAA Capital (Proprietary) Limited's licence in February 2026 under section 15(b) of that Act. The Bank of Botswana declared on 10 November 2021 that crypto assets carry no backing by the state or the central bank as to legal tender status, transferability, exchange or value, and that the public has no recourse to the Bank for fraud, misconduct or losses arising from crypto-asset business; licensing and supervision of virtual asset service providers rest with NBFIRA under the Virtual Assets Act, 2025 (Act No. 4 of 2025), not with the Bank of Botswana. The Financial Intelligence Agency is Botswana's financial intelligence unit under the Financial Intelligence Act, 2022 (Act No. 2 of 2022), receiving suspicious transaction reports through the goAML platform within five working days and licensing nobody, while NBFIRA is the AML/CFT supervisory authority for virtual asset service providers; ESAAMLG's September 2025 follow-up report records that Botswana has not yet identified and assessed the money-laundering and terrorist-financing risks of virtual asset activities and VASPs, leaving Recommendation 15 rated partially compliant. Regulator Name: Non-Bank Financial Institutions Regulatory Authority (NBFIRA) Entity Targeted: General public and unregistered virtual asset service providers (VASPs). Violation Type: Operating or engaging with unregistered virtual asset businesses, inherent risks of unregulated crypto activities (e.g., fraud, market volatility, money laundering). Penalty Amount: Not applicable (these are warnings, not enforcement actions against specific entities). Botswana's dated virtual-asset public statements are the Bank of Botswana press release of 10 November 2021, NBFIRA's licensing public notice of 20 June 2022, NBFIRA's named unlicensed-provider notices of 13 September 2022, 12 December 2022 and 13 March 2023, and NBFIRA's February 2026 revocation notice against PAA Capital (Proprietary) Limited; NBFIRA published no virtual-asset advisory in July 2021.
  • licensing Botswana operates a prior-authorisation licensing regime rather than a registration regime: section 9 of the Virtual Assets Act, 2025 (Act No. 4 of 2025) prohibits unlicensed virtual asset business, section 10 governs the application for a licence, section 11 its issue, section 12 requires a licence holder to have a physical office in Botswana, section 15 empowers NBFIRA to suspend or revoke a licence, section 36 creates general offences and penalties and section 38 provides administrative sanctions. Operating a virtual asset exchange in or from Botswana requires a licence from NBFIRA: section 9 of the Virtual Assets Act, 2025 prohibits unlicensed virtual asset business, and NBFIRA's February 2026 notice revoking PAA Capital (Proprietary) Limited's licence names exchange, transfer, custody and brokerage among the regulated virtual asset services the entity may no longer offer. Custody of client virtual assets is a licensed activity in Botswana: section 23 of the Virtual Assets Act, 2025 is headed 'Custody and protection of customer assets' and imposes obligations on licence holders, section 9 prohibits unlicensed virtual asset business, and NBFIRA's February 2026 PAA Capital notice lists custody among the regulated virtual asset services a revoked licensee may no longer offer. Transferring virtual assets on behalf of another person is a licensed activity in Botswana: section 26 of the Virtual Assets Act, 2025 is headed 'Transfer of virtual assets' and carries the travel-rule obligation elaborated in NBFIRA's Guidance Note of 10 March 2025, which requires full originator and beneficiary information for transfers of BWP 10 000 or more by natural persons, and NBFIRA's February 2026 PAA Capital notice lists transfer among the regulated virtual asset services. Participation in and provision of financial services related to an issuer’s offer and/or sale of a virtual asset (e.g., ICO/STO services). Any other activity as prescribed by the Minister through regulations. Applicants must be a company incorporated in Botswana under the Companies Act. Section 12 of the Virtual Assets Act, 2025 (Act No. 4 of 2025) is headed 'Licence holder to have physical office in Botswana' and requires a licensed virtual asset service provider to maintain a physical office in the country; the requirement is new and had no counterpart in the repealed Virtual Assets Act, 2022.
  • securities The Non-Bank Financial Institutions Regulatory Authority regulates and supervises Botswana's non-bank financial sector, covering the securities market under the Securities Act, 2014 and virtual asset service providers under the Virtual Assets Act, 2022, a role NBFIRA assumed in February 2022. Botswana Stock Exchange Limited holds an exchange licence under the Securities Act, 2014, is the country's only securities exchange and lists shares, bonds and exchange-traded funds under NBFIRA supervision; its own website is bse.co.bw, and the URL given in the record is a third-party custodian market profile. The Central Securities Depository Botswana was introduced by the Botswana Stock Exchange in 2008 and is mandated by the Bank of Botswana to operate a clearing and settlement system under the National Clearance and Settlement Systems Act, No. 5 of 2003; no IOSCO or CPMI-IOSCO compliance statement appears on the BSE's CSD pages or in its published CSD Rules. Botswana's securities statute is the Securities Act, Act No. 26 of 2014, Chapter 56:08, which was passed in 2014 and brought into force on 1 April 2017 and has since been amended by the Securities (Amendment) Act, 2023; no Botswana Securities Act numbered 56 of 2017 exists. The Securities (Amendment) Act, 2023 commenced on 15 January 2024 and revised the definitions of 'asset manager', 'investment advisor' and 'securities service', with NBFIRA requiring companies or individuals undertaking the newly added activities to apply for licensing. Botswana is not a member of the Financial Action Task Force; it is one of the 22 member states of the Eastern and Southern Africa Anti-Money Laundering Group, which is the FATF-style regional body that assesses Botswana, and Botswana was removed from the FATF list of jurisdictions under increased monitoring in October 2021. Operation of an asset management or investment advisory service involving digital assets. Trading or exchange platforms facilitating cryptocurrency transactions.
  • stablecoin Stablecoins in Botswana fall under the generic virtual-asset definition in the Virtual Assets Act, 2025 (Act No. 4 of 2025), which commenced on 24 January 2025 and whose section 40 repeals the Virtual Assets Act No. 3 of 2022; Botswana has enacted no Investment and Securities Act, 2025 and has no stablecoin-specific instrument. The Botswana Virtual Assets Act defines a virtual asset as a digital representation of value that may be digitally traded or transferred and may be used for payment or investment purposes; the Virtual Assets Act No. 3 of 2022 excluded only a digital representation of legal tender under the Bank of Botswana Act and securities and other financial assets regulated under the Securities Act, and carried no closed-loop exclusion, so a fiat-referenced stablecoin remains inside the definition. The Non-Bank Financial Institutions Regulatory Authority licenses virtual asset service providers in Botswana under Part III of the Virtual Assets Act, 2025, and the Virtual Assets Act No. 3 of 2022 that it replaced was itself a licensing regime rather than a registration regime; the Financial Intelligence Agency has never held a virtual-asset licensing function. Botswana has no National Payment System Act, 2018; electronic payment services and the issuance of electronic money are governed by the National Clearance and Settlement Systems Act, 2003 (Cap. 46:06) and the Electronic Payment Services Regulations, 2019 (Statutory Instrument No. 2 of 2019, promulgated 4 January 2019), administered by the Bank of Botswana. If a stablecoin is designed to function as an electronic store of monetary value for making payments, is denominated in fiat currency (like BWP), and is redeemable at par, the Bank of Botswana (BoB) would likely classify its issuer as an Electronic Money Issuer (EMI). Reference: National Payment System Act, 2018 (Available on the Bank of Botswana website or Botswana Parliament Website) Securities: It is less likely for typical fiat-backed stablecoins to be classified as securities unless they grant rights akin to equity (e.g., profit-sharing, voting rights) or represent a claim on future revenue streams of an enterprise. The Non-Bank Financial Institutions Regulatory Authority (NBFIRA) oversees securities. The Botswana Virtual Assets Act confers no redemption right on stablecoin holders and carries no stablecoin-specific provision; it is a licensing and conduct statute whose Part IV obligations cover custody and protection of customer assets (s. 23), prevention of market abuse (s. 24), minimum capital requirements (s. 27), offer of virtual assets (s. 28), issuance of a white paper (s. 29) and classification of virtual assets (s. 30), while anti-money-laundering duties sit in the Financial Intelligence Act, 2022 as amended in 2025.
  • status Botswana has had dedicated virtual-asset legislation since the Virtual Assets Act No. 3 of 2022 was assented to and commenced on 25 February 2022; the Virtual Assets Act, 2025 (Act No. 4 of 2025) commenced on 24 January 2025 and repealed it, and the Non-Bank Financial Institutions Regulatory Authority licenses virtual asset service providers and issuers of initial token offerings under Part III. Botswana's central bank is the Bank of Botswana, not a Central Bank of Botswana, and it issued formal guidance on crypto assets in its press release of 10 November 2021, Statement on Crypto Assets Participation and Regulation, which warned that crypto assets carry no backing by the state or central bank with respect to legal tender status, that the underlying activity may relate to pyramid schemes and scams, and that the public would have no recourse to the Bank for redress. Botswana licenses virtual asset service providers: the Virtual Assets Act, 2025 (Act No. 4 of 2025), in force 24 January 2025 under the Virtual Assets Act (Date of Commencement) Order, 2025, repeals the Virtual Assets Act, 2022 and requires a licence from the Non-Bank Financial Institutions Regulatory Authority for virtual asset service providers and for issuers of initial token offerings, while Botswana's financial intelligence body is the Financial Intelligence Agency established under the Financial Intelligence Act, 2022. Botswana's Financial Intelligence Act, 2022 (Act No. 2 of 2022), assented and commenced 25 February 2022, defines 'virtual asset' and 'virtual asset service provider' by cross-reference to the Virtual Assets Act and brings virtual asset service providers into the specified-party reporting regime supervised by the Financial Intelligence Agency, and Botswana law contains no money-services-business classification. Potential for Future Regulation: Given the evolving nature of digital assets globally, Botswana may introduce specific regulatory measures in response to international trends or domestic economic considerations. The Financial Intelligence Unit (FIU) has the authority to enforce existing AML/CTF regulations on any entity facilitating cryptocurrency transactions. Botswana AML & Sanctions Compliance Guide 2025 Botswana taxes resident individuals on a progressive scale rather than a flat rate: nil on the first P48,000, then 5%, 12.5% and 18.75% through P156,000 and 25% above P156,000, with a further 27.5% band on taxable income above P400,000 from 1 July 2026, and no crypto-specific rate or crypto-specific tax rule exists in Botswana law. Regulatory Uncertainty: The absence of specific cryptocurrency regulations poses risks such as potential market manipulation, money laundering vulnerabilities, and lack of investor protection. Stakeholders should monitor legislative developments closely to mitigate these uncertainties. Botswana BTI 2026 Botswana Country Report
  • tax Trading: If an individual regularly buys and sells cryptocurrencies with the intention of making a profit, these activities are likely to be considered a "trade" or "speculative venture." The profits realized would be subject to personal income tax. Mining: Income derived from cryptocurrency mining (e.g., block rewards, transaction fees) would be considered ordinary income and taxable. Staking/Lending: Rewards earned from staking or lending cryptocurrencies would also be treated as ordinary income. Receiving Crypto as Payment: If an individual receives cryptocurrency as remuneration for services rendered or as a salary, the value of the cryptocurrency at the time of receipt would be taxable as employment income. Companies dealing in cryptocurrencies as part of their business activities (e.g., crypto exchanges, trading firms, mining operations, businesses accepting crypto payments) would include profits from these activities in their taxable income. The profits would be subject to corporate income tax. Botswana's general deduction provision is section 39 of the Income Tax Act (Cap. 52:01), which allows expenditure wholly, exclusively and necessarily incurred in the production of assessable income; the test has three limbs, and necessity is a separate requirement beyond 'wholly and exclusively'. Botswana's personal income tax is progressive: resident individuals pay nil on the first P48,000 of taxable income, then 5% to P84,000, 12.5% to P120,000, 18.75% to P156,000 and 25% above P156,000, with a 27.5% band on taxable income above P400,000 from 1 July 2026.
  • travel rule Botswana's financial intelligence unit is the Financial Intelligence Agency, established under the Financial Intelligence Act, 2022 (Act No. 2 of 2022). It receives suspicious transaction reports through the goAML platform and licenses and supervises nobody. AML/CFT supervision of virtual asset service providers belongs to NBFIRA, which issued the governing Guidance Note on 10 March 2025. The domain fiubg.gov.bw does not resolve in DNS. Botswana's non-bank regulator is the Non-Bank Financial Institutions Regulatory Authority (NBFIRA); no body called the "Banking and Non-Banking Financial Institutions Regulatory Authority" or "BNB-FIRA" exists, and NBFIRA has no banking mandate because banks are supervised by the Bank of Botswana. NBFIRA licenses virtual asset service providers and issuers of virtual token offerings under the Virtual Assets Act, 2025 (Act No. 4 of 2025) and supervises their AML/CFT compliance. The Virtual Assets Act, 2022 (Act No. 3 of 2022) was repealed by section 40 of the Virtual Assets Act, 2025 (Act No. 4 of 2025), which commenced on 24 January 2025 under the Virtual Assets Act (Date of Commencement) Order, 2025, S.I. No. 9 of 2025. Statutory Instrument No. 14 of 2022 is the Financial Intelligence Regulations, 2022 and has nothing to do with virtual asset licensing. The 2025 Act keeps two licence classes, virtual asset service provider and issuer of virtual token offerings, adds a section 12 requirement for a physical office in Botswana, and carries Botswana's virtual-asset travel rule at section 26: for a natural person transferring BWP 10 000 or more the originating VASP must obtain the originator's name, wallet address or account number, and physical address or identity number, plus the beneficiary's name and wallet address or account number, transmit that information immediately and securely to the beneficiary VASP and also store it unalterably for NBFIRA, and must return the transaction amount to the originator where the requirements are unmet. The FATF maintains no list of jurisdictions "implementing progressive measures" toward virtual asset regulation. Botswana was placed under increased monitoring in October 2018 and removed in October 2021, when the FATF stated that Botswana "is therefore no longer subject to the FATF's increased monitoring process", and Botswana is not on the FATF grey list as at 20 August 2026. Its Recommendation 15 rating stands at Partially Compliant in the September 2025 ESAAMLG follow-up report. Exchanging virtual assets for fiat currencies. Providing wallet services for virtual assets. Pay a non-refundable licensing fee (amount not specified in sources). Await assessment by FIU and BNB-FIRA.

Sources

This report is AI-generated from publicly available regulatory sources. Last updated: 2026-09-06. View full profile