Authority’s Key Roles and Powers Unveiled
In an effort to effectively combat financial crimes, including money laundering and terrorist financing, the Malawian government has established a dedicated Authority with diverse functions and powers.
Functions and Powers of the Authority
The Authority is mandated to:
- Request, receive, and analyze reports submitted by reporting institutions
- Report suspicious activities to relevant law enforcement agencies and regulatory bodies
- Issue guidelines and circulars to financial institutions
- Conduct investigations
- Impose penalties on institutions that fail to comply with anti-money laundering regulations
Leadership of the Authority
The Authority is headed by a Director General, who is appointed by the President. The Director General must:
- Be a person of integrity
- Have recognized qualifications and experience in finance, law, or law enforcement
- Not have been convicted of an offence, be bankrupt, or have a conflict of interest
- Undergo security clearance and vetting procedures before assuming office
Recruitment Process for the Director General
The recruitment process involves:
- Advertising the position in the Gazette and newspapers
- Shortlisting and interviewing candidates
- Submitting a list of recommended candidates to the President for appointment
Removal of the Director General
In the event of incapacitation, misconduct, or incompetence, the President can appoint a committee to investigate and advise on whether the Director General should be removed from office. The decision to terminate the appointment must be confirmed by the Public Appointments Committee.
Resignation of the Director General
The Director General may resign at any time by giving notice in writing to the Minister (Section 9).
Confidence in the Authority’s Role
With these functions and powers, the Malawian government is confident that the Authority will play a crucial role in:
- Preventing and combating financial crimes
- Protecting the integrity of the financial system
- Promoting economic stability