Malawi

Compliance/Financial Considerations

If you intend to do any of the following in Malawi, please contact Risk Services at risk@berkeley.edu or 642-5141:

  • Hire a local to work for you as an employee
  • Purchase or lease office or research space
  • Purchase or lease an automobile
  • Establish a long-term (over 90 days) or ongoing project
  • Conduct a clinical trial

U.S. GOVERNMENT COMPLIANCE CONSIDERATIONS

Foreign activities may trigger many U.S. laws, including:

  • Import Controls
  • Export Controls
  • Tax Reporting
  • Foreign Bank Account Reporting
  • Country Embargoes and Targeted Sanctions
  • Foreign Corrupt Practices Act
  • Anti-Boycott Laws

Import Controls. UC employees must adhere to U.S. import requirements, and may need to enlist the services of a customs broker, especially for shipments arriving by sea and subject to the Importer Security Filing 71730, also known as ISF 10+2.

Export Controls. Export controls may apply to advanced software and technology, research data, and other sensitive assets. UC’s Export Compliance FAQ contains useful information and can be found here.  Go here for the University of California plan for compliance with federal export controls. If you plan on taking or sending potentially export-controlled materials to Malawi, consult the campus Research Administration Compliance Office at 642-0120.

Tax Reporting. The University and its employees may be taxed in foreign countries. The United States does not have a tax treaty with Malawi. For more information about double taxation issues, contact the Controller’s Office at:

Foreign Bank Account Reporting. The U.S. Treasury Department requires U.S. citizens with a financial interest in or signatory authority over a financial account in a foreign country, where accounts exceed $10,000 at any point during a calendar year, to report such accounts on a Report of Foreign Bank and Financial Accounts (FinCen Report 114). Those needing to complete the form should contact the Controller’s Office at cashiers@berkeley.edu or 643-9803 for assistance. An IRS 1040 Schedule B form (Part III–Foreign Accounts and Trusts) must be filed by the signatory for any foreign bank account, regardless of the account balance.

Country Embargoes and Targeted Sanctions. In general, collaborations between University personnel and scholars at foreign institutions or organizations do not require export licenses unless they involve export-controlled or -restricted research or involve scholars in sanctioned countries. Before engaging in an international collaboration, the University needs to determine whether export licenses are required and to verify that the foreign collaborator is not blocked or sanctioned. The Office of Foreign Assets Control (OFAC) is responsible for enforcing all U.S. embargoes and sanctions. Depending on each country’s embargo or sanction program, activities may be prohibited without specific authorization or license. UC’s International Collaborations webpage contains additional information on this topic.   

The Foreign Corrupt Practices Act (FCPA) is intended to stop bribery. It prohibits offering to pay, paying, promising to pay, or authorizing the payment of money or anything of value to a foreign official. The term “foreign official” generally includes any employee or contractor of a foreign government, and may include individuals employed by foreign universities. It is also unlawful to make a payment to a third party knowing that all or part of the payment will go to a foreign official. For more information, review the federal government’s Resource Guide to the U.S. Foreign Corrupt Practices Act. If you need further clarification, contact the UC Berkeley Office of Legal Affairs at 642-7122. Transparency International’s 2018 survey of perceived public sector corruption rated Malawi at 32 out of 100 (120th out of 180 countries reviewed, i.e. somewhat corrupt).

Anti-Boycott Laws.  The U.S. Department of Commerce is responsible for oversight of laws prohibiting individuals and entities from participating in boycotts not approved or sanctioned by the U.S. government. The Export Administration Act requires that requests to participate in such boycotts or to conduct activities in any of the boycotting countries be formally reported to the Department of Commerce and/or IRS.

For other compliance-related issues, refer to UC’s International Compliance webpage.  

ADDITIONAL CONSIDERATIONS FOR DOING BUSINESS INTERNATIONALLY

Foreign Bank Accounts. Employees wishing to open a foreign bank account should contact the Controller’s Office at cashiers@berkeley.edu or 643-9803. Requests to open accounts must be made through the Office of the President’s Banking and Treasury Services Group by the Chancellor or the Chancellor’s designee. 

Real Estate Agreements. Only employees with delegated authority to sign contracts on behalf of The Regents may enter into agreements, leases, or other contracts.  Foreign affiliates or operations must submit to the Real Estate Services Office property management agreements, personal property leases, or contracts with a term longer than one year or in an amount greater than $25,000 per year. The campus then seeks approval from the University president or designee. For more information, consult the Guidelines for the Establishment and Operation of Foreign Affiliate Organizations and Foreign Operations.

Articles

The US State Department's page on MALAWI may be found HERE.

Personal Safety

INTERNATIONAL COMMERCIAL PASSENGER FLIGHTS TO AND FROM MALAWI RESUMED FOLLOWING THE REOPENING OF KAMUZU INTERNATIONAL AIRPORT (LLW) IN LILONGWE SEPTEMBER 1. TRAVEL TO MALAWI WILL REQUIRE A NEGATIVE CORONAVIRUS DISEASE (COVID-19) TEST TAKEN WITHIN 10 DAYS PRIOR TO ARRIVAL IN MALAWI, FOLLOWED BY 14 DAYS OF SELF ISOLATION. TRAVELERS WHO FAIL TO PRODUCE A NEGATIVE COVID-19 TEST WILL BE DENIED ENTRY INTO THE COUNTRY. TRAVELERS LEAVING MALAWI ARE REQUIRED TO PRESENT PROOF OF HAVING TESTED NEGATIVE FOR COVID-19 WITHIN THE PREVIOUS 10 DAYS. THE WEARING OF PROTECTIVE FACEMASKS IS MANDATORY IN PUBLIC SPACESS, INCLUDING AT LLW. SEVERAL OF THE COUNTRY'S LAND BORDERS ARE REPORTEDLY OPEN; HOWEVER, DELAYS AT CROSSINGS ARE LIKELY DUE TO ENHANCE SCREENING MEASURES. ALL RESTRICTIONS ARE SUBJECT TO AMENDMENT AT SHORT NOTICE IN RESPONSE TO GOVERNMENT REVIEWS. SECURITY FORCES HAVE BEEN DEPLOYED TO ENSURE COMPLIANCE. FINES WILL BE ISSUED TO PERSONS NOT COMPLYING WITH THE COVID-19 RELATED MEASURES. 

Note: this page contains basic risk information. For more details, please contact the Risk Services Office at risk@berkeley.edu.

If you are traveling to Malawi on University-related business, please sign up for the University’s travel insurance program by going here. For more information on the travel insurance program, please go here

Because everyone’s health is unique, we suggest seeking the advice of a medical professional before traveling internationally. Members of the campus community interested in protecting their health while abroad may schedule an appointment with the University Health Services International Travel Clinic 

The level of health care in Malawi is basic in urban areas and poor to non-existent in rural areas. The country suffers from chronic shortages of doctors and medical supplies. In the event of a medical emergency, travelers may need evacuation to another country. If you need medication, bring enough for the duration of your stay, as pharmaceuticals are also in short supply in Malawi. You may need to show proof of prescription for medication brought into the country. 

Air pollution is a problem in urban areas. If you have a chronic respiratory condition such as asthma, please consult a medical professional prior to your trip and carry appropriate medications. 

Travelers should assume the drinking water in Malawi is unsafe, especially in rural areas. To reduce the risk of gastrointestinal discomfort or illness, drink only bottled, boiled, or purified water. Avoid ice cubes. Travelers should use sealed, well-recognized brands of bottled water whenever possible. 

All food should be eaten well-cooked and hot. Fruits and vegetables should be peeled or soaked in disinfectant solution for at least 15 minutes prior to eating. Dairy products are often unsafe. Consume only pasteurized milk, or use powdered or canned milk. Eat cured cheeses only. Travelers should also avoid raw or undercooked meat dishes, which frequently harbor bacterial and parasitic pathogens. Street vendors and other unregulated food distributors often maintain substandard hygiene regimens and should be avoided. 

Travelers risk contracting a number of serious illnesses in Malawi, including:

  •  Malaria, transmitted via mosquito bites, year-round throughout the country.
  • Tuberculosis. The World Health Organization considers Malawi an intermediate-risk country. Travelers staying for an extended period should get a pre-departure PPD skin test. Avoid crowded public spaces and mass transportation whenever possible.
  • Yellow fever, transmitted via mosquito bite and considered endemic to Malawi.
  • Cholera, transmitted by contaminated food and water, particularly raw fish and shellfish.
  • Filariasis, a lymphatic condition caused by multiple mosquito bites.
  • Typhoid, transmitted via contaminated water, milk, shellfish, and other foods.
  • Hepatitis A, transmitted via fecally-contaminated food and drink. Malawi is considered a high-risk country for Hepatitis A.
  • Hepatitis B, transmitted through infected blood and bodily fluids. Travelers should get a Hepatitis B vaccination prior to departure and while in Malawi avoid unsafe sex, invasive medical procedures, tattooing, and piercing.
  • Trypanosomiasis, also known as African sleeping sickness, transmitted via tsetse fly bites. Risk of infection is greatest in rural areas, including Kasungu National Park and the Vwaza Wildlife Reserve.
  • Onchocerciasis, also known as River Blindness, transmitted through black fly bites primarily near rapidly flowing rivers and streams in the southern part of the country.
  • Schistosomiasis, spread by parasites in fresh-water bodies.

The most common crime concerns in Malawi are pickpocketing, purse snatching, theft of unattended property, and tourist scams. Thieves are most active in urban and tourist locations, particularly along Kenyatta Drive and between Old Town and the nearby new Capital City in Lilongwe. They are also common in Blantyre and Limbe. There has also been a non-violent crime rise in Mzimba due to the influx of foreigners coming for agribusiness and other trade work.

Con artists are active in Blantyre, Cape Maclear, Nkhata Bay, Senga Bay, Mzuzu, and Zomba. Typical scams revolve around unsolicited business proposals, fraudulent tour guides, lottery tickets, and visa challenges. 

Although violent crime is less common, it is rising. Burglary, carjacking, mugging, and assault pose significant risks in Lilongwe, Blantyre, isolated areas like Mount Mulanje, and border areas. Random gunshots are reportedly heard in urban areas on a nightly basis. There have also been reports of gangs attacking women wearing pants, leggings, or short skirts in Lilongwe, Blantrye, Zomba, and Mzuzu. Travelers should follow common-sense precautions such as not flashing jewelry or cameras and remaining alert to thieves in markets, tourist attractions, and other crowded public areas. If confronted by a criminal, do not resist.

Although public transportation in Malawi is not as dangerous as in other countries, it should still be avoided if possible. Establish the price of a ride before getting into a taxi.

Legal/Political

CRIMINAL PENALTIES: You are subject to local laws. If you violate local laws, even unknowingly, you may be expelled, arrested, or imprisoned.  Furthermore, some laws are also prosecutable in the U.S., regardless of local law.

Arrest Notification:   If you are arrested or detained, ask police or prison officials to notify the U.S. Embassy immediately. 

LGBTI Travelers:  LGBTI persons are denied, by law and practice, basic civil, political, social, and economic rights. Consensual same-sex sexual activity is illegal and punishable by up to 14 years in prison, including hard labor. The penal code outlaws “unnatural offenses” and “indecent practices between males.” Same-sex sexual activity may also be prosecuted as “conduct likely to cause a breach of the peace.” As of July 2014, the government has implemented a moratorium on the enforcement of laws criminalizing consensual same-sex sexual activity, though the general public largely remains hostile to LGBTI persons.