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Procedure for the Commencement and Termination of a Diplomatic Tour of Duty to the Republic of Botswana.
- If the Ambassador/High Commissioner is taking up appointment in the Republic of Botswana
A new Ambassador/High Commissioner will be met on his arrival in Gaborone by a representative of the Protocol Department, provided that travel arrangements including the date and hour of his/her arrival and port of entry have been notified to the Ministry of Foreign Affairs in advance.
If the Ambassador/High Commissioner is traveling by car, the Ministry of Foreign Affairs will facilitate his/her entry into the Republic of Botswana by informing the frontier authorities of his/her arrival, provided the date and hour of his/her passage through the boarder have been notified to the Ministry well in advance.
For the Non-resident Ambassador/High Commissioners, the Ministry of Foreign Affairs shall provide transport at the time when the Ambassador/High Commissioner arrives to present his/her credentials and on his/her farewell call on HE the President. No transport is provided during routine visits.
- Call on the Chief of Protocol
The Ambassador/High Commissioner should call on the Chief of Protocol as soon as possible and present a copy of the Credentials and where applicable, a copy of the predecessor’s Letters of Recall. If the credentials are in a language other than English, they should be accompanied by a translation into English. After making this call, the Ambassador can take up official function in relation to the Ministry of Foreign Affairs and call on the Dean of the Diplomatic Corps. Other functions must be deferred until the Ambassador/High Commissioner has presented his/her credentials to His Excellency the President.
- Presentation of Credentials
Audience with Minister for Foreign Affairs and International Cooperation
The Ambassador/High Commissioner will be notified by the Chief of Protocol of date/time for his/her audience with the Honourable Minister of Foreign Affairs and International Cooperation and this call has to be before presentation of credentials and normally the morning of that day. Audience with His Excellency the President
The Ambassador/High Commissioner will be notified by the Chief of Protocol of the date and time fixed for an audience with His Excellency the President.
- Form of Dress during the Presentation Ceremony
Gentlemen - Dark lounge Suit or Traditional Dress / Uniform
Ladies - Formal / Traditional Dress
Official Calls
The Department of Protocol and Consular Services will assist in making appointments for the customary courtesy calls for the incoming Ambassador/High Commissioner on His Honour the Vice President and the Honourable Speaker of the National Assembly. other appointments will be done by the desk officers.
- Ambassador/High Commissioner Departing from the Republic of Botswana
An Ambassador/High Commissioner leaving his post will be seen off at the airport by a representative of the Chief of Protocol. In this regard, the Ministry of Foreign Affairs ought to be notified in writing about the impending departure.
A Charge d’ Affaires should call on the Chief of Protocol after his/her arrival in Gaborone. The Protocol Department will then arrange a meeting with the Minister of Foreign Affairs and International Cooperation for Presentation of his/her Letters of Appointment/Introduction.
A Consul General should call on the Chief of Protocol after his/her arrival in Gaborone. The latter will arrange for him/her to present his/her letters of appointment/Commission to the Minister of Foreign Affairs and International Cooperation.
Diplomatic Privileges and Immunities
In general the Diplomatic Community is well covered under the 1961 Vienna Convention on Diplomatic Relations. This Convention represents an internationally agreed codification of modern diplomatic law. Consular officers are covered under the 1963 Vienna Convention on Consular Relations and the Privileges are similar to those of members of the diplomatic staff of a mission. It is important, however, to point out limitations where resident nationals or permanent residents of the host state are concerned. Full diplomatic privileges and immunities are not applicable to resident nationals or permanent residents of Botswana operating as diplomatic agents.
Notwithstanding the diplomatic privileges and immunities afforded by the Vienna Convention, it should be noted that the Convention also provides that the granting of such privileges and immunities implies the acceptance of a high standard of responsibility and integrity on the part of the recipient. Diplomats may not interfere in the internal affairs of Botswana nor allow official premises to be put to any use other than their proper and recognized function; and they should not take advantage of their immunity from the jurisdiction of the Courts to disregard laws in such matters as motor car accidents, speeding and parking. Diplomats are under a duty to respect these laws.
Privileges
Vehicles
Members of the Diplomatic Corps resident in Botswana are allowed to import motor vehicles other than trucks, tractors or other commercial type of vehicles without any charges for duty. All imported vehicles must be registered with the Ministry of Foreign Affairs and International Cooperation, and only a maximum of two vehicles are allowed for a family and one for a single member of the diplomatic staff. Vehicles registered to the individual member of the Diplomatic Corps are to be retained under possession in Botswana for a minimum period of 2 years. To dispose of or export such a vehicle requires express written permission by the Ministry of Foreign Affairs and International Cooperation.
Diplomatic Identity
In addition to the Residence Permit issued by the Ministry of Labour and Home Affairs, Diplomats are required to apply for Diplomatic Identity Cards from the Ministry of Foreign Affairs and International Cooperation. The application forms for the ID can be obtained from the Ministry and should be returned duly filled and accompanied by the following documents:
- Copy of passport
- Two (2) passport sized photographs
NB: The validity of the ID card, once issued, may not necessarily be for the period for which the individual concerned will be posted to Botswana.
Tax/Customs Duty Exemptions
All members of the Diplomatic Corps are by nature of their duties entitled to tax exemption. However, in certain instances there may be exceptions in which case tax exemption is applied on a selective basis, applying the principles of reciprocity.
Members of the Diplomatic Corps are nevertheless required to process their purchases for dutiable items through the Ministry of Foreign Affairs and International Cooperation for them to be afforded tax exemption or to benefit from rebates on certain items. The procedure is outlined below.
VAT Diplomatic Missions, International Organisations, Consular Offices, certain Technical Assistance Organisations or Privileged persons are relieved from payment of Value Added Tax. The rebate in respect of imported goods and services will apply to the extent provided under the Customs and Excise rebate item 406.00. For local purchases, VAT must be paid and a refund may be granted for any VAT incurred in accordance with the requirements of the Value Added Tax Act.
The legal authority for refund of tax to persons enjoying diplomatic immunity are found in Section 43 of the Value Added Tax Act as amended with the Diplomatic Immunities and Privileges Act (Cap: 39.01) and Section 14 and Item 406.00 as specified in the Third Schedule of the Value Added Tax Act and captured below:
Section 43(4)
Any such claims for refund shall:
- Be made in such form and at such time as the Minister shall prescribe;and
- Shall be accompanied by such proof of payment of tax.
Employment of Persons from Third Countries
Missions or individual members of the diplomatic staff are permitted to engage in some gainful employment of persons from third countries or their own countries, provided the Ministry of Foreign Affairs had been notified. Applications for both their work and residence permit should be channeled through the Ministry. The processing of the individual concerned should be done prior to their arrival in Botswana, and the application should be accompanied by a written contract between the applicant and his/her future employer.
Employment of Spouses
Spouses of staff members of a mission can only attain gainful employment in Botswana on the following conditions:-
- that there exists a bilateral agreement between Botswana and the sending state that such employment could be undertaken.
- That the local authorities have satisfied themselves that there is no suitable local person to be employed to such a position. In the case both (a) and (b) above are met written permission must be sought from the Ministry of Foreign Affairs and International Cooperation prior to taking up employment.
Pets/Dogs/Plants
Veterinary regulations require possession of permits to import and export such possessions. Similarly, keeping a pet in Botswana requires a license which is renewable on an annual basis. All pets especially dogs/cats should always have certificates to show proof of vaccinations etc. The Ministry of Foreign Affairs and International Cooperation will assist in getting the necessary clearances in the case of the importation or exportation of pets.
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