34.     Confidentiality by Director, etc.

          (1) The Director and other officers of the Agency shall-

    (a)     before they begin to perform any duties under this Act, take an oath of confidentiality in such form as may be prescribed;and

    (b)     during and after their relationship with the Agency, maintain the confidentiality of any confidential information acquired in the discharge of their duties under this Act.

          (2) No information from which an individual or body can be identified, which is acquired by the Agency in the course of carrying out its functions shall be disclosed by the Director or other officer of the Agency except where the disclosure is necessary

    (a)     to enable the Agency to carry out its functions;

    (b)     in the interests of the prevention or detection of any other offence;

    (c)     in connection with the discharge of any international obligation to which Botswana is subject; or

    (d)     pursuant to an order of court.

          (3) Where the Director or officer of the Agency contravenes this section he or she shall be guilty of an offence and liable to a fine not exceeding P50 000 or to imprisonment for a term not exceeding three years or to both.

35.     Declaration of assets by Director, etc.

          (1) Subject to subsection (2), the Director and every officer of the Agency shall file with the Directorate on Corruption and Economic Crime established under the Corruption and Economic Crime Act, a declaration of his or her assets and liabilities in such form as may be prescribed-

    (a)     not later than 30 days after his or her appointment; and

    (b)     on the termination of his or her appointment.

          (2) Where, subsequent to a declaration made under subsection (1), the value of assets and liabilities of the Director or officer is so altered as to be reduced or increased in value by a minimum of P200 000, the Director or officer shall make a fresh declaration.

          (3) A declaration of assets filed under this section shall not be disclosed to any person except with the consent of the Director or officer concerned or by order of a court.

36.     Indemnity of Director, etc.

          (1) No matter or thing done or omitted to be done by the Director or other officer of the Agency shall, if the matter or thing is done or omitted to be done bona fide in the course of the operations of the Agency, render the Director or other officer personally liable to an action, claim or demand.

          (2) The Director or officer of the Agency who receives a report under this Act shall not incur liability for any breach of confidentiality or any disclosure made in compliance with this Act.

37.     Exempt transactions

          The following shall be exempt from the application of this Act, namely a transaction between-

    (a)     the Bank of Botswana and a bank;

    (b)     a bank and another bank;

    (c)     a bank and a non bank financial institution; and

    (d)     such other persons or transaction as may be prescribed.

38.     Amendment of Schedule

          (1) The Minister may by order published in the Gazette, amend the Schedules to this Act.

          (2) Without prejudice to the generality of subsection (1), the Minister may amend Schedule I by-

    (a)     adding to the list, a specified party used or likely to be used in future to commit a financial offence;or

    (b)     deleting from the list a specified party not used and unlikely to be used in future to commit a financial offence.

          (3) The Minister shall before amending Schedule I, give the affected persons at least 60 days written notice to submit to the Minister written submissions on the proposed amendment.

39.     Transitional provisions

          The Minister may, by order published in the Gazette, make such transitional arrangements as shall be necessary for the establishment of the Agency.

40.     Regulations

          (1) The Minister may make regulations prescribing anything under this Act which is to be prescribed or which is necessary or convenient to be prescribed for the better carrying out of the objects and purposes of this Act, or to give force and effect to its provisions.

          (2) Without prejudice to the generality of subsection (1), regulations may provide for-

    (a)     reporting obligations of a specified party;

    (b)     reporting obligations of a supervisory authority;

    (c)     measures to ensure the security of information disclosed by or to the Agency;

    (d)     internal rules to be formulated and implemented under section 9; or

    (e)     the manner and form a specified party is to keep records required under this Act.

SCHEDULE I

Specified Parties

(section 2)

1.       An Attorney as defined in the Legal Practitioners Act, Cap. 61:01

2.       An accountant as defined under the Accountants Act, Cap. 61:05

3.       Aregistered professional as defined under the Real Estate Professionals Act , Cap. 61:07

4.       Abank as defined under the Banking Act, Cap. 46:04

5.       Abureau de change as defined under the Bank of Botswana Act, Cap. 55:01

6.       Abuilding society as defined under the Building Societies Act, Cap. 42:03

7.       Acasino as defined under the Casino Act, Cap. 19:01

8.       A Non Bank Financial Institution as defined in the Non Bank Financial Institutions Regulatory Authority Act, Cap. 46:08

9.       A person running a lottery under the Lotteries and Betting Act, Cap. 19:02

10.     The Botswana Postal Services established under the Botswana Postal Services Act, Cap. 72:01

11.     A precious stones dealer as defined under the Precious and Semi Precious Stones (Protection) Act, Cap. 66:03

12.     A semi-precious stones dealer as defined under the Precious and Semi Precious Stones (Protection) Act, Cap. 66:03

13.     Botswana Savings Bank established under Botswana Savings Bank Act, Cap. 56:03

14.     The Botswana Unified Revenue Service established under the Botswana Unified Revenue Services Act, Cap. 53:03

15.     Citizen Entrepreneurial Development Agency

16.     Botswana Development Corporation

17.     National Development Bank established under the National Development Bank Act, Cap. 74:05

18.     Acar dealership

19.     Money remitters

SCHEDULE II

Supervisory Authorities

(section 2)

1.       The Bank of Botswana established under the Bank of Botswana Act, Cap. 55:01

2.       The Registrar of Companies as defined in the Companies Act, Cap. 42:01

3.       The Real Estate Advisory Council established under the Real Estate Professionals Act, Cap. 61:07

4.       The Casino Control Board established under the Casino Act, Cap. 19:01

5.       The Law Society of Botswana established under the Legal Practitioners Act, Cap. 61:01

6.       Non Bank Financial Institutions Regulatory Authority, established under the Non Bank Financial Institutions Regulatory Authority Act Cap. 46:08

7.       Registrar of Societies established under the Societies Act, Cap. 8:01

8.       Botswana Institute of Accounts established under the Accountants Act, Cap. 61:05