G/RO/N/227  
 
12 July 2021 
(21-5478) Page: 1/4 
Committee on Rules of Origin  Original: English  
 
 
NOTIFICATION UNDER ARTICLE  5 TO THE AGREEMENT ON RULES OF ORIGIN  
NON-PREFERENTIAL RULES OF ORIGIN  
1.  According to Article  5.1 of the Agreement on Rules of Origin, each Member shall provide to 
the Secretariat, within 90  days after the date of entry into force of the WTO  Agreement for it, 
its rules of origin, judicial decisions, and administrative rulings of general application relating to rules 
of origin in effect on that date. If, by inadvertence, a rule of origin has no t been provided, the 
Member concerned shall provide it immediately after this fact becomes known. Article  5.2 of  the 
Agreement provides, moreover, that during the period referred to in Article  2, Members introducing 
modifications, other than de minimis  modifications, to their rules of origin or introducing new rules 
of origin, shall publish a notice to that effect at least 60  days before the entry into force of the 
modified or new rule in such a manner as to enable interested parties to become acquainted wi th 
the intention to modify a rule of origin or to introduce a new rule of  origin, unless exceptional 
circumstances arise or threaten to arise for a Member.  
2.  With reference to these rules, the following notification has been received:  
BOTSWANA  
A. NON-PREFERENTIAL RULES OF ORIGIN  
Non-preferential rules are provided for under section s 309-311 of the Customs Act of 20181. 
These  provisions cover the wholly produced rules adopted from the World Trade  Organi zation ( WTO) 
Rules of Origin Agreement and the rule f or manufactured goods. These prescribe that the goods 
should be substantially transformed in the exporting country.  
 
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1 Reproduced as an Annex to this document.  G/RO/N/227  
 
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  ANNEX  
 CUSTOMS ACT, 2018  
  
No. 33   of 2018  
 ARRANGEMENT OF SECTIONS   
SECTION    
 PART I - Preliminary   
   
 1. Short title   
 2. Interpretation   
 3. Territorial application   
 4. Application of this Act in relation to SACU member states   
 PART II – Powers and Duties of Commissioner General   
 5. Powers and duties of Commissioner General   
 6. Identification of customs officers   
 7. Ethics   
 8. Customs controls   
 9. Types of customs controls   
 10. Use of risk management   
 11. Audit-based customs controls   
 12. Right to inspect goods, means of transport etc.   
 13. Right and interview   
 14. Right to stop and search means of transport   
 15. Right of access to areas, premises and facilities   
 16. Request for information   
 17. Search of persons   
 18. Internal bodily search   
 19. Reporting of personal searches   
 20. Right to detain or seize goods , etc.  
 21. Duty to comply with demands of customs officer   
 22. No right to compensation   
 23. Disclosure of confidential information   
 24. Cooperation between Government agencies   
 25. Authority to participate in controlled deliveries   
 PART III – General Provisions   
 A: Right of representation   
 26. Representation before Revenue Services   
   
 B: Information of general nature   
 27. Information to be made readily available   
   
 C: Decisions relative to application of customs legislation   
 28. Revocation or modification of decision   
   
G/RO/N/227  
 
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   (2) The Rules of Origin shall provide for – 
(a) the determination of the origin of all imported into  
or exported from Botswana; and  
(b) the establishment or recognition, as appropriate, and the application  
     of –  
 (i) Non-Preferential Rules of Origin of all goods imported  
  into or exported f rom Botswana, except those goods that  
  benefit from Preferential Rules of Origin, and  
 (ii) Preferential Rules of Origin for determining –  
  (aa) the origin of goods imported into or exported from  
   Botswana when such determination is necessary for  
   purposes of preferential treatment as the result of an 
 applicable bilateral of multilateral trade agreement  
   and for determining in relation to a country or territory  
   implementing a non - reciprocal Generalized System  
   of Preferences, and  
  (bb) the Origin of goods exported from Botswana to that  
   country or territory when such determination is  
   necessary for purposes of preferential tariff treatment  
   claims under that system of preferences.   
   
C – Non-Preferential Origin of Goods   
 309. (1) Non -Preferential Rules of Origin shall consist of –  Non-
preferential 
Rules of Origin   (a) the Rules contained in this paragraph; and  
 (b) Any Rules of Origin made under the WTO Agreement on  
Non-Preferential Rules of Origin.   
 (2) In the event of an inconsistency between the Rules referred to in  
paragraphs (a) and (b), the Rules of Origin referred to in paragraph (b)  
shall prevail.   
 310. (1) The Revenue Service shall consider goods to originate in a  
country or territory if the goods have been wholly obtained or produced  
in that country or territory.  Goods wholly  
obtained or  
produced in 
country   (2) The terms "goods wholly obtained or produced" in a country or  
territory include –  
(a) mineral products extracted from the soil of the country or  
territory, from its territorial water or from its sea -bed; 
(b) fruit or vegetable pro ducts harvested or gathered in that country  
or territory;  
(c) live animals born and raised in that country or territory;  
(d) products obtained from hunting or fishing in that country or  
territory;  
(f) products obtained by maritime fishing and other products taken  
from the sea by a vessel of that country  or territory;  
(g) products obtained aboard a factory ship of that country or  
territory solely from products of the kind covered by paragraph (f);  G/RO/N/227  
 
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   (h) products taken from the seabed or subsoil beneath the seabed  
outside the territorial sea provided that country or territory has  
exclusive rights to exploit that seabed or subsoil;  
(i) waste and scrap from manufacturing and processing operations,  
and used articles, collected in that country or territory and fit only  
for the recovery of raw materials; and  
(j) goods produced in that country or territory solely from the products  
referred to in the paragraphs (a) to (i).   
Substantial 
transformation  311. Goods whose production was undertaken in more than one  
country or territory shall be deemed by Revenue Service to originate  
in the country where they underwent their last substantial processing or  
working, resulting in the manufacture of a new product or representing  
an important stage of manufacture.   
Accessories, 
spare parts, etc.  312. Accessories, spare parts and tools for use with a machine,  
appliance, apparatus  or vehicle shall be deemed by Revenue Service to  
have the same origin as the machine, appliance, apparatus or vehicle,  
if –  
 (a) they are imported and normally sold with the machine, appliance,  
      apparatus or vehicle; and  
 (b) they correspond, in ki nd and in quantity, to the normal equipment  
      of machines, appliances, apparatuses or vehicles or that kind.   
Unassembled or 
disassembled 
articles 
contained in 
more than one 
consignment  313. An unassembled or disassembled article which is imported in  
more than one consignment because it is not feasible, for transport or  
production reasons, to import it in a sing le consignment shall, if the  
importer so requests, be treated by Revenue Service as one article for  
the purpose of determining origin   
Packaging  314. (1) The packaging in which goods are contained shall be  
deemed by Revenue Service to have the same orig in as the goods they  
contain.  
(2) Subsection (1) shall not apply to packaging required to be  
declared separately for tariff purposes, where duties and taxes are  
payable separately from goods contained in the packaging.   
Energy, plant, 
machinery, etc.  315. When determining the origin  of goods, Revenue Service shall  
not take into account the origin of any energy, plant, machinery or tools  
used in the manufacturing or processing of the goods.   
 D – Proof of origin   
Proof of origin  316. (1) The Revenue Service may require proof of origin of goods  
for –  
(a) preferential tariff treatment;  
(b) economic or trade measures adopted nationally or under bilateral  
or multilateral agreements;  
(c) considering or making an origin determination o r re-determination  
regarding such goods;  
(d) measures in relation to public health or public order;  
(e) combating fraud or the evasion of duties and taxes; or  
(f) statistical purposes.   
 
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