Financial Crime World

Malawi Introduces New Sanctions Regulations to Enforce United Nations Sanctions

Strengthening Commitment to the UN Sanctions Regime

The Government of Malawi has recently introduced new sanctions regulations aimed at enforcing United Nations (UN) sanctions against designated individuals and entities. The new regulations, which took effect on February 17, 2017, are designed to strengthen Malawi’s commitment to the UN Sanctions regime and ensure compliance with international obligations.

Key Provisions

  • Freezing of Assets: Any property or funds belonging to a person designated under the UN Sanctions Committee must be frozen. This means that such properties or funds will not be allowed to be used, transferred, or removed from Malawi without prior approval from the Panel established by these regulations.
  • Prohibition on Arms and Related Materials: Individuals and entities are prohibited from dealing with arms or related materials if they know that the weapons or materials are intended for a designated person or entity.
  • Travel Restrictions: Any person who has been designated under the UN Sanctions Committee will not be allowed to enter, transit, or remain in Malawi.

Exceptions

  • Citizenship Exception: In cases where an individual is a citizen of Malawi and needs to travel for compliance with a judicial process, they may be exempt from the travel restrictions.
  • Case-by-Case Determination: The UN Sanctions Committee may determine on a case-by-case basis that the entry or transit of a designated person is allowed.

Removal from Designated List

Individuals who have been designated under the UN Sanctions Committee may apply for removal from the list if they can establish grounds for their application, such as:

  • Mistaken Identity: If the individual’s identity was incorrectly listed.
  • Significant Changes in Facts or Circumstances: If there are significant changes that justify removal from the list.
  • Death or Dissolution of a Designated Entity: In cases where the designated entity has ceased to exist.

Immunity

The regulations also provide immunity to persons who effect or implement orders designating individuals or freezing properties or funds of designated persons, provided that they act in good faith under these regulations.

Conclusion

The new sanctions regulations are aimed at ensuring Malawi’s compliance with its international obligations and strengthening the country’s commitment to the UN Sanctions regime. The regulations provide for several exceptions and ensure that individuals who have been designated under the UN Sanctions Committee can apply for removal from the list if they can establish grounds for their application.