← Regulations / Botswana / securities
Grade A AI-Researched

Botswana -- Securities Classification Regulatory Overview

Published: 2026-04-22 Updated: 2026-08-18 Researched: 2026-08-18 Author: local/granite4.1 Version 2 Sources cited in: English (17)

Methodology

AI-generated synthesis from web search results.

Limitations

  • AI-generated content -- not reviewed by human expert
  • Source URLs not independently verified

Research Status

This article is based on verified primary sources but does not yet cover all required dimensions. Research is ongoing as of 2026-08-18. Known gaps:

  • Tax

RESEARCH: Botswana Cryptocurrency and Digital Asset Securities Regulatory Requirements

Executive Summary

In Botswana, cryptocurrency and digital asset securities are governed primarily by the Securities Act (Act No. 56 of 2017) as amended by the Securities (Amendment) Act of 2023, which came into effect on January 15, 2024. The Non-Bank Financial Institutions Regulatory Authority (NBFIRA) is the key regulator responsible for licensing and overseeing entities involved in securities activities, including those related to digital assets. As of 2025-2026, no specific licenses have been issued explicitly for cryptocurrency exchanges or digital asset trading platforms, but entities offering such services would need to comply with general securities licensing requirements under NBFIRA. The regulatory framework is evolving, with recent amendments expanding definitions and requiring licensing for activities like those of "Asset Managers" and "Investment Advisors" related to digital assets. Practically, the market remains nascent, with limited licensed players, and compliance primarily involves meeting financial resource thresholds and integrity checks as outlined in NBFIRA regulations.

Regulatory Framework

Regulatory Bodies:

Primary Laws:

International Standing:

  • Botswana is a member of the Financial Action Task Force (FATF), adhering to global AML/CFT standards. https://www.fatf-gafi.org

Licensing Requirements

Who Needs a License? Entities offering securities services related to digital assets must apply for licensing under the Securities Act and its amendments via NBFIRA.

Activities Requiring Licensing:

  • Operation of an asset management or investment advisory service involving digital assets.
  • Trading or exchange platforms facilitating cryptocurrency transactions.

Capital Requirements: No specific monetary thresholds are outlined for digital asset-specific licenses; general financial resource adequacy is assessed per the Non-Bank Financial Institutions Regulatory Authority (Financial Resource Requirements) Rules. https://botswanalaws.com/consolidated-statutes/subsidiary-legislation/securities-subsidiary-legislation

Application Process:

  1. Submit Form 1A (set out in Schedule 1) along with a non-refundable processing fee.
  2. Provide detailed information on the applicant, key personnel qualifications, and financial resources.
  3. Meet integrity and fit-and-proper criteria for applicants and controllers. https://botswanalaws.com/consolidated-statutes/subsidiary-legislation/securities-subsidiary-legislation

Timeline & Structural Requirements:

AML/KYC Requirements

Entities must adhere to KYC and AML standards as outlined by NBFIRA, including:

  • Conducting customer due diligence (CDD) for all clients.
  • Implementing enhanced due diligence (EDD) for high-risk customers.
  • Reporting suspicious transactions via STRs to the Financial Intelligence Agency. https://www.rmb.co.bw/regulatory-framework

Enforcement Actions

No specific enforcement actions have been reported concerning cryptocurrency or digital asset securities as of 2025-2026. However, non-compliance with NBFIRA licensing or AML/KYC requirements can result in penalties, including fines and operational suspensions.

Tax Treatment

Botswana provides no explicit tax guidance for virtual assets under the current legislation. The treatment of cryptocurrency gains remains ambiguous, potentially subject to general income tax provisions. No specific Virtual Asset Transaction Tax (VATT) has been issued. https://www.nbfira.org.bw/news/commencement-securities-amendment-act-2023/

Key Gaps & Risks

Gaps:

  • Lack of explicit regulatory frameworks for digital assets.
  • No defined monetary thresholds or operational guidelines specific to cryptocurrency exchanges.

Risks:

Sources

Source Data

80%

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.

80%

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.

80%

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.

80%

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.

80%

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.

80%

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.

80%

Regulation 4(2) of Botswana's Securities (Institutions Licensing) Regulations, 2017 requires a person applying for a licence to establish or operate a securities institution to apply to NBFIRA in Form 1A set out in Schedule 1, and regulation 4(5) requires the application to carry a non-refundable processing fee for each licensed activity applied for.

80%

Regulation 11(1)(f) of Botswana's Securities (Institutions Licensing) Regulations, 2017 empowers NBFIRA to suspend or revoke a licence where it has reasonable grounds for believing that a securities institution, its key persons or its controllers are not fit and proper persons, making fitness and propriety a continuing licence condition.

80%

Botswana licenses virtual asset businesses under the Virtual Assets Act, 2022, which creates a virtual asset service provider licence and an issuer of initial token offerings licence, and NBFIRA issued the country's first VASP licence to Yellow Card Botswana Proprietary Limited under Certificate No. 11/1/5(1) on 29 September 2022.

80%

Conducting customer due diligence (CDD) for all clients.

80%

Implementing enhanced due diligence (EDD) for high-risk customers.

80%

Section 38(1) of Botswana's Financial Intelligence Act, No. 2 of 2022 requires a specified party or accountable institution to report a suspicious transaction to the Financial Intelligence Agency within the prescribed period, and the Act carries the Virtual Assets Act definition of virtual asset service provider into that reporting regime.

80%

Botswana has an explicit digital-asset framework: the Virtual Assets Act, 2022 was assented to and commenced on 25 February 2022, creates a virtual asset service provider licence and an issuer of initial token offerings licence, requires NBFIRA to keep a public register under section 19, and gave existing operators until 31 May 2022 to apply.

80%

The Virtual Assets Act, 2022 imposes custody, market-abuse and disclosure obligations on licensed Botswana virtual asset businesses, while the only monetary figures published for VASPs, a P5,000 application fee and a base-capital requirement equal to half of forecast twelve-month gross operating costs, sit in a Virtual Assets Regulations text that NBFIRA publishes marked as a draft with a blank Statutory Instrument number.

80%
80%

High risk of non-compliance with AML/KYC requirements, leading to regulatory penalties. https://botswanalaws.com/consolidated-statutes/subsidiary-legislation/securities-subsidiary-legislation

80%

Cryptocurrency activity in Botswana is explicitly licensed, not left to securities law: section 9 of the Virtual Assets Act, 2025 (Act No. 4 of 2025) prohibits unlicensed virtual asset business and the Non-Bank Financial Institutions Regulatory Authority issues virtual asset service provider and initial token offering licences, while the Securities (Amendment) Act, 2023 that commenced on 15 January 2024 revised only the definitions of asset manager, investment adviser and securities service.

References

This article was generated by local/granite4.1 .

Primary Sources

nbfira.org.bw. (n.d.). nbfira.org.bw. Retrieved April 22, 2026, from https://www.nbfira.org.bw/

nbfira.org.bw. (n.d.). nbfira.org.bw. Retrieved August 22, 2026, from https://www.nbfira.org.bw/news/commencement-securities-amendment-act-2023/

fatf-gafi.org. (n.d.). fatf-gafi.org. Retrieved August 22, 2026, from https://www.fatf-gafi.org

botswanalaws.com. (n.d.). botswanalaws.com. Retrieved August 22, 2026, from https://botswanalaws.com/consolidated-statistics/subsidiary-legislation/securities-subsidiary-legislation

botswanalaws.com. (n.d.). SECURITIES. Retrieved August 22, 2026, from https://botswanalaws.com/consolidated-statutes/principle-legislation/securities

botswanalaws.com. (n.d.). SECURITIES: SUBSIDIARY LEGISLATION. Retrieved August 22, 2026, from https://botswanalaws.com/consolidated-statutes/subsidiary-legislation/securities-subsidiary-legislation

Secondary Sources

botswanalaws.com. (n.d.). botswanalaws.com. Retrieved April 22, 2026, from https://www.botswanalaws.com/

lexisnexis.com. (n.d.). lexisnexis.com. Retrieved April 22, 2026, from https://www.lexisnexis.com/

rbcis.com. (n.d.). rbcis.com. Retrieved August 22, 2026, from https://www.rbcis.com/en/gmi/global-custody/market-profiles/market.page?dcr=templatedata/globalcustury/marketprofiles/data/botswana

bse.co.bw. (n.d.). bse.co.bw. Retrieved August 22, 2026, from https://www.bse.co.bw/csd-rules/

rmb.co.bw. (n.d.). rmb.co.bw. Retrieved August 22, 2026, from https://www.rmb.co.bw/regulatory-framework

bankofbotswana.bw. (n.d.). Government Securities. Retrieved August 22, 2026, from https://www.bankofbotswana.bw/content/government-securities

globaledge.msu.edu. (n.d.). Botswana Stock Exchange (BSE) - globalEDGE. Retrieved August 22, 2026, from https://globaledge.msu.edu/global-resources/resource/439

motswedi.co.bw. (n.d.). Motswedi Securities: Home. Retrieved August 22, 2026, from https://www.motswedi.co.bw/

rbcis.com. (n.d.). RBC Investor Services | Market Profiles. Retrieved August 22, 2026, from https://www.rbcis.com/en/gmi/global-custody/market-profiles/market.page?dcr=templatedata/globalcustody/marketprofiles/data/botswana

botswanalaws.com. (n.d.). SECURITIES (INSTITUTIONS LICENSING) .... Retrieved August 22, 2026, from https://botswanalaws.com/Botswana2017Pdf/31of2017.pdf

bankofbotswana.bw. (n.d.). Licensing Requirements. Retrieved August 22, 2026, from https://www.bankofbotswana.bw/content/licensing-requirements

Edit History

2026-04-22 — auto-publish-pipeline: published — Auto-published: grade B
2026-08-22 — refresh-from-research: refreshed — Refreshed from _processed/bw-securities.md (researched 2026-08-18); grade B → A

This article is maintained by AI research workers and reviewed by human editors. Learn about our methodology →