Malawi
KEY INFORMATION
National DRM Office/Agency : Department of Disaster Management Affairs (DoDMA)
DRM Law : Disaster Preparedness and Relief Act, 1991 (DPR Act)
Key soft law instruments : National Disaster Risk Management Policy (2015) , National Disaster Risk Management Policy (2009)
IDRL mapping :Legal Preparedness for International Disaster Assistance in Malawi: Mapping of Domestic Laws and Policies
For any questions relating to Disaster Law in Africa, please contact the IFRC Disaster Law Africa Team: stella.ngugi@ifrc.org.
National Society Legal Facilities
IFRC Legal Facilities
IFRC Customs Procedures
Legal Facilities for Int Assisting Actors
IDRL Instruments
About Disaster Law
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NATIONAL SOCIETY LEGAL FACILITIES
The Malawi Red Cross Society Act, 1966 provides the legal foundation of the Malawi Red Cross Society and recognizes the auxiliary role of the National Society.There are no explicit provisions which provide legal facilities related to international disaster assistance to the Malawi Red Cross Society under this Act. However, the Society may benefit from waivers and exemptions on imported goods meant for use solely for the purposes of the Society in terms of arrangements made in terms of taxation laws.
The National Society should be contacted directly to determine whether any legal facilities are accessible by the National Society in the country.
For support in contacting the National Society in this regard, please contact the IFRC Africa Disaster Law Team: stella.ngugi@ifrc.org.
LEGAL FACILITIES FOR INTERNATIONAL ASSISTING ACTORS
The Disaster Preparedness and Relief Act, 1991 (DPR Act) does not contain explicit provisions on international disaster assistance. However, section 47 of the DPR Act provides that the Minister may promulgate regulations necessary or expedient to give effect to the DPR Act through the exercise of his powers, which could potentially include regulations on international disaster assistance. The IDRL in Malawi study, conducted in 2015 found that current practice regarding the entry of relief aid, requires humanitarian actors to make requests for entry through DoDMA, which formally submits an application to the Treasury Department in the Ministry of Finance. The Ministry of Finance in turn submits the application to the Malawi Revenue Authority (MRA) to clear the relief items.
In terms of sectoral laws, the Third Schedule of Value Added Tax Act, 2005 and the First Schedule of the Taxation Act may allow international assisting actors to obtain VAT and income tax exemptions related to international disaster relief assistance through entering into agreements with the Malawi Government (GoM) which provide for such exemptions.
For further information, refer to Legal Preparedness for International Disaster Assistance in Malawi: Mapping of Domestic Laws and Policies which identifies the sectoral laws generally applicable to various aspects of international disaster relief in Malawi and examines whether there are any provisions which may indirectly facilitate international disaster assistance or contact the IFRC Africa Disaster Law Team: stella.ngugi@ifrc.org.
IFRC CUSTOMS PROCEDURES
Global Humanitarian Services and Supply Chain Management resources and tools for the IFRC are available on FedNet and may be accessed here.
IDRL INSTRUMENTS
IFRC Disaster Law is globally recognized as a leader in International Disaster Response Law (IDRL), and has developed a suite of tools to support the development of laws and policies which mitigate the common regulatory barriers which arise in international disaster response operations:
The Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance (IDRL Guidelines).
The Model Act for the Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance (IDRL Model Act).
The Model Emergency Decree for the Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance (IDRL Model Emergency Decree).
The Checklist on the Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance (IDRL Checklist).