Financial Crime World

MALAWI GOVERNMENT NOTICES

New Regulations to Ensure Effective Implementation of Sanctions Against Designated Persons

Lilongwe, Malawi - The Government of Malawi has introduced new regulations aimed at strengthening its sanctions regime against designated persons. These regulations are designed to prevent such individuals from entering or escaping the country.

Key Provisions

  • Any person previously granted a visa shall have it cancelled if they are subsequently designated as a person subject to sanctions.
  • In cases where an international warrant of arrest is issued for the arrest of a designated person who has entered Malawi, the Inspector General shall immediately effect the arrest and communicate the fact to the relevant authorities.
  • The Chief Immigration Officer shall enforce measures, including watch list action, to prevent a designated person from entering or escaping from Malawi.
  • A person who has become a designated person due to their activities shall be prevented from leaving Malawi until investigations into those activities have been concluded.

Penalties and Sanctions

  • Any individual found guilty of supplying, selling, transferring, carrying, delivering, training in, or providing technical assistance for the use of embargoed weapons or related materials shall be liable to penalties and sanctions.

De-Listing Provisions

The new regulations also introduce provisions for a designated person who wishes to have their name deleted from any list under these Regulations. Such an application may be made in respect of:

  • The Domestic List
  • The United Nations Consolidated List

Grounds for de-listing include:

  • Mistaken identity
  • Relevant and significant change of facts or circumstances, including inclusion in a witness protection program, death, dissolution or liquidation of the designated person, or any other circumstance that would show that the basis for designation no longer exists.

Effect of De-Listing

An approval issued under Regulation 20 shall have the effect of revoking the freezing order and other sanctions imposed against the person whose name is deleted from the list.

Immunity

The regulations also provide immunity to any person, including reporting institutions and relevant Government agencies, in respect of:

  • Effecting or implementing an order designating a person
  • Freezing the property or funds of a designated person
  • In good faith, under these Regulations.

Implementation

These new regulations take immediate effect and shall be implemented by all relevant authorities in Malawi.