The Financial Intelligence Act (“FIA”) was introduced to enable the Financial Intelligence Agency to analyze information to detect any suspicious transactions. The main aim of the FIA is to implement international anti-money laundering standards in Botswana. It also provides for the continuation of the Financial Intelligence Agency as the national centre responsible for requesting, receiving, analyzing, and disseminating disclosures of financial information related to suspicious transactions, financial offenses, or financing terrorism.
Further, it re-establishes the National Coordinating Committee on Financial Intelligence as a high-level committee for third parties to perform customer due diligence measures. The Director General of the FIA is responsible for applying the Act, while specified parties are responsible for applying it. The Agency is to collect, process, analyse, and interpret all information provided to it. The Director General may consult with law enforcement officers, government agencies, or other institutions to further its duties.
Companies are to adopt risk assessment policies, such as conducting an assessment of the risk of commission of financial offences as well as take appropriate steps to mitigate the risk of commission of financial offences. They must also create and implement programs to mitigate the risk of financial offenses, such as the designation of an anti-money laundering and counter-financing of terrorism compliance officer.