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Botswana’s Anti-Money Laundering and Combating the Financing of Terrorism Regime
Thesis (LLD)--University of Pretoria, 2021.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2021
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| _version_ | 1867613497980878848 |
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| access_status_str | Open Access |
| author2 | Brits, Reghard |
| author_browse | Brits, Reghard |
| author_facet | Brits, Reghard |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2021. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/82675 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:05.780Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/82675 Botswana’s Anti-Money Laundering and Combating the Financing of Terrorism Regime Brits, Reghard kudatshiamo@gmail.com Van Heerden, C.M. (Corlia) Tshiamo-Kgati, Kuda UCTD Financial law Thesis (LLD)--University of Pretoria, 2021. Money laundering, the financing of terrorism and proliferation financing continue to be serious threats to the stability of the international financial system. The international community therefore has prioritised the fight against these activities. For example, international bodies such as the Financial Action Task Force (FATF) and others have developed standards and recommendations against which countries and organisations are measured in this regard. Against this background, this thesis investigates to what extent Botswana’s legislative framework regarding money laundering, terrorism financing and other illicit financial flows complies with international standards, especially the FATF Recommendations. The study sets the scene by defining and describing money laundering, financing of terrorism and proliferation financing, after which the current statutory framework in Botswana is discussed in detail. After subsequently setting out the various global and regional (specifically African) initiatives in the fight against money laundering and other financial crimes, the current state of affairs in Botswana is benchmarked against both the South African framework as well as the FATF Recommendations. The investigation is limited to a technical assessment (doctrinal analysis) of Botswana law to determine the current compliance (or lack thereof) of the country’s statutory provisions and to make recommendations regarding how the framework can be improved. It is difficult for some countries, especially African countries like Botswana, to comply fully with the FATF Recommendations, since compliance can be expensive and dependent on high levels of expertise on the part of the relevant authorities. Therefore, such more vulnerable countries tend to face a higher risk of being used as conduits for money laundering and related activities. Despite these and other challenges, Botswana has gone to great lengths to re-assess and improve its anti-money laundering and combating the financing of terrorism (AML/CFT) legislation with a view to move towards full compliance with the FATF Recommendations. Nevertheless, the evaluation indicates that there are some remaining shortcomings in Botswana’s legislation. Consequently, the thesis concludes by proffering certain recommendations towards ensuring that Botswana’s AML/CFT legislation is rendered fully compliant with the FATF Recommendations. Mercantile Law LLD Unrestricted 2021-11-15T07:08:42Z 2021-11-15T07:08:42Z 2021-12-10 2021-11-11 Thesis * S2021 http://hdl.handle.net/2263/82675 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Financial law Botswana’s Anti-Money Laundering and Combating the Financing of Terrorism Regime |
| title | Botswana’s Anti-Money Laundering and Combating the Financing of Terrorism Regime |
| title_full | Botswana’s Anti-Money Laundering and Combating the Financing of Terrorism Regime |
| title_fullStr | Botswana’s Anti-Money Laundering and Combating the Financing of Terrorism Regime |
| title_full_unstemmed | Botswana’s Anti-Money Laundering and Combating the Financing of Terrorism Regime |
| title_short | Botswana’s Anti-Money Laundering and Combating the Financing of Terrorism Regime |
| title_sort | botswana s anti money laundering and combating the financing of terrorism regime |
| topic | UCTD Financial law |
| url | http://hdl.handle.net/2263/82675 |