CONTROL OF GOODS

CHAPTER 18:08
CONTROL OF GOODS

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Application

    4.    Regulation of exports and imports

    5.    Application for institution and review of measures

    6.    Consultations

    7.    Representations

    8.    Request for review of measures

    9.    Review and variation of orders

    10.    Furnishing of information

    11.    Inspections

    12.    Obligations of inspectors

    13.    Review by the High Court

    14.    Offences and penalties

    15.    Regulations

    16.    Repeals and savings

    

15 of 2018
G.N. 28/2020

    An Act to regulate the import into and export out of Malawi, of certain classes of goods and for other matters connected therewith and incidental thereto

1.    Short title

    This Act may be cited as the Control of Goods Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “export” means goods taken out of or sent from Malawi;

    “goods” means all kinds of movable personal property, including—

    (a)    anything capable of being imported or exported;

    (b)    any kind of manufactured or unmanufactured commodity; and

    (c)    any kind of animal or plant life;

    “goods in transit” means goods imported into Malawi for the sole purpose of being exported after transportation through Malawi;

    “import” means goods that are brought into Malawi;

    “interested party”, in relation to goods, includes—

    (a)    a producer, exporter or importer;

    (b)    any person or entity who has a beneficial interest;

    (c)    a trade or business association of which a majority of its members are either producers, exporters or importers;

    (d)    a trade or business association of which a majority of its members will be affected by any decision taken under this Act;

    (e)    unions or other similar organizations representing the interests of farmers and other persons that may be affected by a measure;

    (f)    consumer associations; or

    (g)    any other person that the Minister considers appropriate;

    “regulated goods” means any goods or class of goods, the import into or the export from Malawi of which is prohibited, restricted or otherwise regulated by an order made pursuant to section 4 of this Act; and

    “trade remedy measures” includes anti-dumping duties, countervailing duties and safeguard measures.

3.    Application

    This Act shall apply to imports and exports of goods in Malawi, including goods in transit or transhipment through Malawi.

4.    Regulation of exports and imports

    (1) The Minister shall, by notice published in the Gazette,make orders to regulate the import or export of goods in Malawi, by prescribing that—

    (a)    goods of a specified class may not be imported into or exported from Malawi;

    (b)    goods of a specified class may not be imported into or exported from Malawi for a specified duration; and

    (c)    goods of a specified class may not be imported into or exported from Malawi, except under the authority of a licence.

    (2) In making an order under subsection (1), the Minister shall take into consideration—

    (a)    the provisions of section 6;

    (b)    necessity or expedience in the public interest; or

    (c)    an application by an interested party.

    (3) For purposes of subsection (2) (b), grounds of public interest include—

    (a)    prevention of or relief to critical shortages of foodstuffs, food or other products essential to the country;

    (b)    the protection of domestic industry from serious injury imposed by import surges;

    (c)    ensuring the supply of essential raw materials;

    (d)    the protection of consumers;

    (e)    combating the spread of contagious human, animal or plant diseases;

    (f)    protecting public health or safety;

    (g)    the protection of the environment;

    (h)    combating the illicit trade in narcotics, arms and ammunition, endangered species or any other prohibited goods;

    (i)    maintaining balance of payments;

    (j)    support of infant industries;

    (k)    security of export proceeds; or

    (l)    the prevention of criminal activity.

    (4) The Minister shall verify with relevant authorities that the thresholds that require intervention on grounds of public interest listed in subsection (3) have been reached and require measures to be taken under this Act.

    (5) The order made under this section shall be for a specified period not exceeding two consecutive years in order to address the problem identified.

5.    Application for institution and review of measures

    (1) An interested party may, in the prescribed manner and form, on submission of evidence—

    (a)    at any time, make an application to the Minister to consider instituting measures under section 4 (1); or

    (b)    after publication of a measure in the Gazette, petition the Minister for variation, continuation, or revocation of an order made under section 4 (1).

    (2) An application made under subsection (1) shall contain sufficient…