PRESENTATION ON AMENDMENTS TO THE BANKING ACT AND THE NEW NBFIRA TRIBUNAL REGULATIONS

Eleng Mugabe updated DLG on new laws and regulations relating to (i) the Banking (Amendment) Bill No.11 of 2018  and (ii) the Non-Bank Financial Institutions Regulatory Authority (NBFIRA) Tribunal Regulations, S.I No. 80 of 2018 .

The purpose of the amendments to the Banking Act are to harmonise Botswana’s banking legislation by implementing the Financial Action Task Force recommendations on anti-money laundering and combatting the financing of terrorism. The amendments (i) address the issues of dual reporting of suspicious transactions, as a result of the coming into effect of the Financial Intelligence Act and (ii) expand the list of situations in which a banker would not be bound by confidentiality.

The NBFIRA Tribunal Regulations establish a specialised tribunal (adjudicating body) to review decisions passed by NBFIRA, under the NBFIRA Act.