Local Laws

CRIMINAL PENALTIES: While you are traveling in Botswana, you are subject to its laws. Foreign laws and legal systems can be vastly different than our own. Persons violating Botswana’s laws, even unknowingly, may be expelled, arrested, or imprisoned. Penalties for possessing, using, or trafficking in illegal drugs in Botswana are severe, and convicted offenders can expect long jail sentences and heavy fines. Motorists should note that it is illegal to use a cell phone while driving; failure to comply could result in fines and/or confiscation of the cell phone. If you break local laws in Botswana, your U.S. passport won’t help you avoid arrest or prosecution.

There are also some things that might be legal in the country you visit, but still illegal in the United States. You can be prosecuted in the United States for engaging in sexual conduct with children or for using or disseminating child pornography in a foreign country regardless of the legality of these activities under that country’s laws. Counterfeit and pirated goods are illegal in the United States and if you purchase them in a foreign country, you may be breaking local law as well.

While some countries will automatically notify the nearest U.S. embassy or consulate if a U.S. citizen is detained or arrested in that country, others may not. To ensure that the United States is aware of your circumstances, request that the police and prison officials notify the nearest U.S. embassy or consulate as soon as you are arrested or detained overseas.

SPECIAL CIRCUMSTANCES: Botswana experiences regular periods of rolling electric power outages that can leave areas without power for several hours. Visitors are urged to carry flashlights. U.S. citizens are also urged to be aware of how power outages might affect home security systems, garage doors and gates, and kitchen equipment, such as stoves and refrigerators. The power fluctuations could cause power surges that might harm computers, televisions, or other electrical appliances. Botswana is experiencing a drought and the Water Utilities Corporation is rationing water up to three times a week for eight hours a day in Gaborone and other areas. Check the Water Utilities Corporation Commission website for schedules.

Botswana strictly enforces its laws controlling the trade in animal products, often by means of spot checks for illegal products on roadways or airports. In November 2012, Botswana announced a suspension of commercial hunting in public or private controlled hunting areas which went into effect on January 1, 2014. Botswana's Wildlife Conservation and National Parks Act makes it illegal to possess or remove from Botswana without a government permit any living or dead animal or animal trophy. A trophy is any horn, ivory, tooth, tusk, bone, claw, hoof, hide, skin, hair, feather, egg, or other durable portion of an animal, whether the item has been processed or not. Curio shops and vendors throughout the country sell items such as animal skins, plain and decorated ostrich eggs and eggshells, and carved bones or teeth of animals protected by this law. All of the souvenirs, although widely sold, are subject to this act. Travelers departing the country with a trophy must have a receipt from a store licensed to sell such items. Ivory and endangered rhinoceros horn products obtained in Botswana may not be removed from the country under any circumstances; elephant hair jewelry may be removed only with the appropriate license from the Department of Wildlife and National Parks. Trophies may not be taken from the wild without a permit. Violators are subject to arrest and may face a penalty of up to five years imprisonment and a substantial fine.

Wild animals may pose a danger to tourists. Tourists should bear in mind that, even in the most serene settings, the animals are wild and can pose a threat to life and safety. Tourists should use common sense when approaching wildlife, observe all local or park regulations, and heed all instructions given by tour guides. In addition, tourists are advised that potentially dangerous areas sometimes lack fences and warning signs. Exercise appropriate caution in all unfamiliar surroundings.

WOMEN TRAVELER INFORMATION: If you are a woman traveling abroad, please review our travel tips for Women Travelers.

LGBT RIGHTS: The Botswana Penal Code states that, “any person who has carnal knowledge of any person against the order of nature… is guilty of an offence and is liable for imprisonment.” While the meaning of Penal Code language is subject to interpretation, same-sex sexual relations are considered to be illegal in Botswana. Generally police do not target same-sex activity, and historically the law has not been enforced. While the Embassy is unaware of any official reports of violence against persons based on their sexual orientation or gender identity, there is discrimination and stigma against LGBT persons, particularly in villages and rural areas outside the capital. It is recommended that LGBT travelers exercise caution with regard to expressing affection in public. For more detailed information about LGBT rights in Botswana, you may review the State Department’s annual Country Reports on Human Rights Practices. For further information on Lesbian, Gay, Bisexual and Transgender (LGBT) travel, please read our LGBT Travel Information page.

ACCESSIBILITY: While in Botswana, individuals with disabilities may find accessibility and accommodation very different from what you find in the United States. Botswana law prohibits discrimination against persons with physical and mental disabilities in education, employment, access to health care, or the provision of other state services. While the government mandates access to public buildings or transportation for persons with disabilities, many privately owned buildings and business, and older government buildings remain inaccessible.