ONE-STOP BORDER CONTROL

CHAPTER 39:08
ONE-STOP BORDER CONTROL

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

    3.    One-stop border post agreements

PART II
CONTROL ZONES AND FACILITIES IN CONTROL ZONES

    4.    Establishment and designation of control zones

    5.    Exclusive use areas

    6.    Equipment for official use

    7.    Communication equipment in control zones

    8.    Free movement of officers in control zones

    9.    Identification of officers

    10.    Carrying of firearms by officers

    11.    Access to control zones by facilitation agents

PART III
CONDUCT OF BORDER CONTROLS

    12.    Border controls by officers of adjoining State

    13.    Sequence of controls

    14.    Joint controls

    15.    Obligation to re-admit persons, vehicles, etc.

PART IV
APPLICATION OF BORDER CONTROL LAWS

    16.    Laws of Malawi and adjoining States to apply in control zones

    17.    Responsibility of Malawi police in control zones in Malawi

PART V
MISCELLANEOUS

    18.    Temporary measures

    19.    Regulations

    20.    Transition provision

        SCHEDULE

32 of 2022
G.N. 46/2023

    An Act to provide for implementation of one-stop border post agreements between the Republic of Malawi and adjoining States; authorize extra-territorial application of the laws of Malawi and neighbouring States in one border posts; establish control zones and provide for powers of officers in the control zones; and provide for matters incidental thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as One-Stop Border Control Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “adjoining State” means a State that shares a common border with the Republic of Malawi;

    “border controls” means any border related control measure, check or authorization and includes powers of arrest, search, seizure and detention of persons and goods;

    “control zone” means a part of the territory of the Republic of Malawi or an adjoining State within which officers of both States are empowered to conduct border controls under this Act;

    “exclusive use area” means an area of the control zone dedicated to the exclusive use of the Republic of Malawi or an adjoining State in a one-stop border post;

    “facilitation agent” means a person other than an officer, providing services for the completion of border controls by passengers or freight in accordance with the laws of the Republic of Malawi and an adjoining State;

    “officer” means a person responsible for exercising border controls in accordance with the laws of the Republic of Malawi or an adjoining State;

    “one-stop border post agreement” means an agreement relating to the establishment of a one-stop border post entered into by the Republic of Malawi and an adjoining State in accordance with section 3; and

    “one-stop border post” means a border post established under a one-stop border post agreement between the Republic of Malawi and an adjoining State.

3.    One-stop border post agreements

    (1) The Republic of Malawi may enter into a one-stop border post agreement, with an adjoining State to facilitate trade.

    (2) A one-stop border post agreement shall provide for—

    (a)    the undertaking of border controls on behalf of the Republic of Malawi and the adjoining State at a place located—

        (i)    in the territory of the Republic of Malawi; and

        (ii)    within the territory of the adjoining State.

    (b)    the exercise of border controls by officers from the Republic of Malawi and the adjoining State, in accordance with the relevant legislation of Malawi and the adjoining State.

PART II
CONTROL ZONES AND FACILITIES IN CONTROL ZONES

4.    Establishment and designation of control zones

    (1) The Minister may, after consulting appropriate authorities in Malawi and in collaboration with an adjoining State with which the Republic of Malawi has entered into a one-stop border post agreement, establish and designate a control zone at a common port of entry for the implementation of one-stop border controls.

    (2) A control zone may be wholly or partially located in the Republic of Malawi or an adjoining State or be in such other mutually agreed geographical location as specified in the one-stop border post agreement between the Republic of Malawi and the adjoining State.

    (3) A control zone shall be arranged such that for each direction of travel, border controls are carried out at the port of entry or, depending on the configuration, from a single stop location.

5.    Exclusive use areas

    (1) The Minister may, pursuant to a one-stop border post agreement with an adjoining State, assign a portion of a control zone established in the territory of Republic of Malawi to the adjoining State, for the exclusive use of the adjoining State.

    (2) Officers of the adjoining State shall have control over entry into, and exit from, the exclusive use area and may, where necessary, request for assistance from competent authorities of the Republic of Malawi.

    (3) A…