CHAPTER 18:08
CONTROL OF GOODS

INDEX TO SUBSIDIARY LEGISLATION

Under section 3

      Control of Goods (Import and Export) (Commerce) Regulations

Under regulation 3 of the Control of Goods (Import and Export) (Commerce) Regulations

      Control of Goods (Import and Export) (Commerce) Order

      Control of Goods (Import and Export) (Commerce) Regulations

      Control of Goods (Import of Cosmetics) Order

Under paragraph 3 of the Control of Goods (Import and Export) (Commerce) Order

      Open General Import Licence

      Control of Goods (Importation of Soap) Order

      Control of Goods (Price Control) Regulations

   

Under regulation 2 of the Control of Goods (Price Control) Regulations

      Control of Goods (Determination of Cost) Order

Under regulation 6 of the Control of Goods (Price Control) Regulations

      Control of Goods (Display of Prices) Order

      Control of Goods (Price Control) (Petrol Prices) Order

The following are revoked—

      Control of Goods (Price Control) (Matches Prices) Order — G.N. 5/1985

      Control of Goods (Price Control) (Beer Prices) Order — G.N. 6/1985

      Control of Goods (Price Control) (Milk Products and Infant Foods Prices) Order — G.N. 84/1985

      Control of Goods (Price Control) (Hoes Prices) Order — G.N. 125/1985

      Control of Goods (Price Control) (Medicine Prices) Order — G.N. 126/1985

      Control of Goods (Price Control) (Motor Fuel Prices) Order — G.N. 79/1987

      Control of Goods (Meat Prices) Order — G.N 48/1988

      Control of Goods (Price Control) (Sugar Prices) Order

      Control of Goods (Price Control) (Motor Vehicle Spare Parts Prices) Order

      Control of Goods (Price Control) (Petroleum Fuel Prices) Order

   Under regulation 10 of the Control of Goods (Price Control) Regulations

      Control of Goods (Form of Invoices) Order

      Control of Goods (Import and Export) (Agriculture) Regualtions

Under regulation 3 of the Control of Goods (Import and Export) (Agriculture) Regulations

      Control of Goods (Import and Export) (Agriculture) Order

      Control of Goods (Import of Radioactive Substances) Regulations

Under section 18 of Act 28 of 1968

      Control of Goods (Registration) Regualtions, 1968

CONTROL OF GOODS

CONTROL OF GOODS ACT, 1968

CONTROL OF GOODS ACT, 1968

The Control of Goods Act, 1968, (28 of 1968) was assented to on the 28th of October, 1968, but only sections 4, 5 and 18 were in operation on 10th January, 1969. (See G.N. 189 of 1968). Those sections are set out below and, for convenience of reference, subsidiary legislation made under section 18 is set out immediately thereafter.

4   Registration

   (1) Any person wishing to be registered as an importer or an exporter under this Act shall make application in writing addressed to the Minister, and shall supply such additional information as the Minister may require.

   (2) The Minister may, at his discretion, register the applicant as an importer or exporter, as the case may be, and if he does so register the applicant shall issue him with a certificate of registration in the prescribed form.

   (3) The production of a certificate of registration as an importer or exporter, as the case may be, issued under subsection (2) shall be prima facie evidence that the person named therein is so registered.

   (4) Certificates issued under subsection (2) shall not be transferable without the written approval of the Minister.

   (5) In the case of a certificate issued to a company or firm, a transfer of the control of the company or firm shall terminate the validity of the certificate unless the Minister otherwise orders. The decision of the Minister as to whether any transfer of the control of a company or firm has taken place shall be final and shall no be questioned in any court.

5   Cancellation of registration

   The Minister, if he is satisfied that a person registered under section 4 has acted in a manner harmful to the interests of the national economy or the security of the State, may without liability for compensation, cancel such registration.

18 Regulations

   The Minister may make regulations for the better carrying out of the provisions of this Act and prescribing anything required to be prescribed under this Act, and without prejudice to the generality of the foregoing such regulations may prescribe fees for the registration of importers and exporters and for the issue of import and export licences.

CONTROL OF GOODS (REGISTRATION) REGULATIONS

made under the Control of Goods Act, 1968

(28 of 1968)

G.N. 190/1968

1.   Citation

   These Regulations may be cited as the Control of Goods (Registration) Regulations.

2.   Prescribed form of certificate

   The certificate of registration issued under section 4 (2) of the Act shall be in the form in the Schedule hereto.

SCHEDULE

FORM I

CONTROL OF GOODS ACT, 1968

(28 OF 1968)

No. ................................

CERTIFICATE OF REGISTRATION AS AN IMPORTER/EXPORTER

   This is to Certify that I, ............................................, Minister of Trade and Industry, in exercise of the powers conferred by section 4 of the Control of Goods Act, 1968, (28 of 1968) have registered ....................................................... as an importer/exporter.

   This Certificate is issued subject to the following conditions:

   1. The holder shall produce this Certificate, upon request, to any officer of the Customs.

   2. This Certificate does not exempt the holder from compliance with any law relating to, or controlling, the import into or export from Malawi of any goods.

   3. This Certificate does not, per se, entitle the holder to the grant of any licence to import into or export from Malawi any goods.

   4. The holder shall notify the Secretary for Trade and Industry immediately of any transfer of the control of the business in respect of which this Certificate is issued, or of any change in the partners or directors of the said business.

Given at .................................. this ............................... day of ..................... 19............

Signed .............................
Minister of Trade and Industry

CHAPTER 18:08
CONTROL OF GOODS

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title

   2.   Interpretation

   3.   Regulations for the control of goods

   4.   Rationing of commodities and animals

   5.   Evidence

   6.   Penalties

12 of 1954(F)
G.N. 2/1964(N)
219/1964(N)

An Act to enable the Minister to provide by regulation for the control of the distribution, disposal, purchase, and sale, and die wholesale and retail prices of any manufactured or unmanufactured commodity or of any animal or poultry specified by the Minister by order or of any class of any such commodity, animal, or poultry, for the control of imports into and exports from Malawi, and for other purposes incidental and supplementary to the foregoing.

[26TH MARCH 1954]

1.   Short title

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

2.   Interpretation

   In this Act, unless inconsistent with the context—

“animal” means any animal, poultry or fish or any class of animal, poultry or fish specified by the Minister by order published in the Gazette to be an animal for the purposes of this Act;

   “commodity” means any manufactured and unmanufactured commodity or any class of a commodity specified by the Minister by order published in the Gazette to be a commodity for the purposes of this Act;

   “goods” means anything capable of being imported or exported.

3.   Regulations for the control of goods

   (1) Whenever it appears to the Minister necessary or expedient to control—

   (a)   the import into or export from Malawi of any goods;

   (b)   the distribution, disposal, purchase and sale, or the wholesale or retail prices of any commodity or animal and the charges which may be made—

      (i)   for services relating to the distribution, disposal,purchase, and sale of the commodity or animal, as the case may be; and

      (ii)   for delivery of any commodity or animal, the wholesale or retail prices of which are controlled under this section,

he may make such regulations as appear to him to be necessary or expedient for such purposes.

   (2) Without prejudice to the generality of the powers conferred by subsection (1), such regulations may provide—

   (a)   for requiring persons carrying on or employed in connexion with any trade, business, undertaking, or enterprise specified in such regulations to produce to such person as may be so specified any books, accounts, or other documents relating to that trade, business, undertaking, or enterprise, and for requiring any persons to furnish to such person as may be so specified such estimates or returns as the Minister considers it desirable to obtain for the effectual exercise of any of his powers under this section;

   (b)   for any incidental and supplementary matters for which the Minister thinks it expedient for the purposes of the regulations to provide, including in particular the entering and inspection of premises to which the regulations relate by persons authorized in that behalf by the Minister with a view to securing compliance with the regulations.

   (3) Regulations made under this section may provide for empowering the Minister or such other Minister as may be specified in such regulations to make orders—

   (a)   for the control to such extent as may be specified in such regulations of the import into or export from Malawi of such goods or classes of goods as may be specified in such regulations;

   (b)   in respect of such commodities and animals as may be specified in such regulations for any of the purposes specified in subsection (1) (b).

   Any orders made in terms of this subsection may contain such incidental or supplementary provisions as appear to the specified Minister to be necessary or expedient for the purpose of such orders.

   (4) Regulations and orders under this section may be made so as to apply generally or to any particular trade, business, undertaking, or enterprise, or class thereof, and either to the whole or to any part of any trade, business, undertaking, or enterprise, and so as to have effect either throughout Malawi or in any particular area therein.

   (5) For the avoidance of doubt, it is hereby declared that section 4 shall not apply in relation to any order under this section.

4.   Rationing commodities and animals

   Regulations made under section 3, in relation to the rationing of any commodity or animal, may—

   (a)   fix or provide for fixing different quantities of the commodity or animal to be obtainable in the aggregate or individually by different classes of persons;

   (b)   provide for methods of distribution of the commodity or animal which differentiate as between different classes of persons so far as appears to the Minister to be necessary in order to secure or permit such distribution through the usual channels and agencies through which such classes of persons normally obtain the commodity or animal.

5.   Evidence

   (1) In any proceedings under this Act against any person, any statement or entry contained in any book or document kept by him or any person in his employ, or by his agent, shall be admissible in evidence as an admission of the facts set forth in that statement or entry, unless it is proved that the statement or entry was not made by that person, by any person in his employ, or by his agent.

   (2) Whenever the manager, agent, or servant of any person does or omits to do anything which it would be an offence under this Act for such person to do or omit to do, such person shall be deemed himself to have done or omitted to do such thing and be liable to the penalties therefor in terms of this Act unless he proves to the satisfaction of the court that all reasonable steps were taken by him to prevent any act or omission of the kind in question:

   Provided that the fact that the person issued instructions forbidding in respect of his manager, agent, or servant any act or omission of the kind in question shall not by itself be accepted as sufficient proof that he took all reasonable steps to prevent the act or omission.

6.   Penalties

   Any person who contravenes or fails to comply with any regulation or order made under this Act shall be liable—

   (a)   for a first offence, to a fine of K200 or in default of payment to imprisonment for six months;

   (b)   for a subsequent offence, to a fine of K400 and to imprisonment for one year.

SUBSIDIARY LEGISLATION

CONTROL OF GOODS (IMPORT AND EXPORT) (COMMERCE) REGULATIONS

under s. 3

G.N. 23/1967
106/1991

1.   Citation

   These Regulations may be cited as the Control of Goods (Import and Export) (Commerce) Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires—

   “controlled goods” means any goods the import into or the export from Malawi of which is prohibited, restricted or otherwise controlled by an Order made under regulation 3.

3.   Minister may make orders

   (1) The Minister responsible for Trade and Industry may make Orders prohibiting, restricting, or otherwise controlling—

   (a)   the import into Malawi of any goods;

   (b)   the export from Malawi of any goods.

   (2) Without derogation from the generality of the powers conferred by subregulation (1), an Order made under this regulation may—

   (a)   prescribe the terms and conditions subject to which controlled goods or any class of such goods may be imported into or exported from Malawi;

   (b)   provide for empowering such person as may be prescribed by or under the Order—

      (i)   to issue licences authorizing, to such extent as may be prescribed by or under the Order, the import into or the export from Malawi of any controlled goods or any class of such goods;

      (ii)   to revoke any such licence issued by him in such circumstances and in such manner as may be prescribed by or under the Order.

   (3) An Order made under this Regulation may make provision prohibiting, restricting or otherwise controlling the sale or distributing of, or other manner of dealing in, the goods the import or export of which is prohibited, restricted or otherwise controlled by such Order.

4.   Revocation or amendment of a licence

   The Minister may revoke or amend a licence issued under any Order made under these Regulations if he considers that such revocation or amendment is necessary in the national interest.

5.   Saving

   Any Orders made under the Control of Goods (Import and Export) (Commerce) Regulations, 1958 (now revoked) shall, in so far as the same are not repugnant to these Regulations, remain in force as though made under these Regulations until revoked or replaced by Orders made under these Regulations.

CONTROL OF GOODS (IMPORT AND EXPORT) (COMMERCE) ORDER

under reg. 3

Of the Control of Goods (Import and Export) (Commerce) Regulations

G.N. 22/1967
79/1967
214/1967
185/1968
133/1969
23/1970
52/1970
237/1970
37/1971
56/1971
97/1972
135/1972
70/1973
173/1974
181/1974
151/1980
53/1987
85/1988
21/1991
17/1996
30/2001
18/2006
35/2007
8/2008
11/2008
18/2008
21/2010
45/2013
43/2015

1.   Citation

   This Order may be cited as the Control of Goods (Import and Export) (Commerce) Order.

2.   Interpretation

   In this Order unless the context otherwise requires—

   “sterling territory” means a state or territory specified in the First Schedule.

3.   Issue of open general import licences

   The Minister may, by notice published in the Gazette, issue open general import licences authorizing, subject to any other law, the import into Malawi of any goods which are the product or manufacture of a state or territory which is not a sterling territory.

4.   Issue of licences

   (1) The Principal Secretary may, with the approval of the Minister issue licences authorizing, subject to any other law and to any conditions endorsed on such licences—

   (a)   the import into Malawi—

      (i)   any goods which are the product or manufacture of a state or territory which is not a sterling territory, being goods in respect of which no open general import licence issued under paragraph 3 is in force;

      (ii)   any goods specified in the Second Schedule or any class of such goods; and

   (b)   the export from Malawi of any goods specified in the Third Schedule or any class of such goods.

   (2) The Principal Secretary shall not issue licences authorizing the export from Malawi of any goods specified in item 1 of the Third Schedule unless he is satisfied that the import of such goods into the country of destination has been authorized by the appropriate authority of that country.

5.   Prohibition of imports

   (1) No person shall import into Malawi—

   (a)   any goods which are the product or manufacture of a state or territory which is not a sterling territory; and

   (b)   any goods specified in the Second Schedule or any class of such goods,

except in accordance with a licence issued in terms of paragraph 3 or 4.

   (2) No person shall export from Malawi any goods specified in the Third Schedule or any class of such goods except in accordance with a licence issued in terms of paragraph 4.

6.   Revocation of licences

   (1) The Principal Secretary may revoke a licence issued by him in terms of paragraph 4 if the licensee has failed to comply with this Order or the conditions under which the licence was issued.

   (2) A licence revoked in terms of subparagraph (1) shall be returned immediately to the issuing authority by whom such licence was issued.

7.   Transfer of licence prohibited

   A licence issued in terms of paragraph 4 shall not be transferred.

8.   Other laws applicable

   Nothing contained in this Order or in any licence issued thereunder shall exempt any person to whom such licence applies from complying with any other law controlling the import into or the export from Malawi of the goods to which such licence relates.

9.   Saving

   Any licences issued under the Control of Goods (Import and Export) (Commerce) Order, 1964 (now revoked) shall, in so far as the same are not repugnant to this Order, remain in force as though issued under this Order until cancelled under this Order.

FIRST SCHEDULE

STERLING TERRITORIES

   1. Any Commonwealth country other than Canada, and any colony, protectorate or trust territory of such country.

   2. Hashemite Kingdom of the Jordan.

   3. Iceland.

   4. Republic of Ireland.

   5. United Kingdom of Libya.

   6. Republic of South Africa.

   7. State of Kuwait.

   8. Western Samoa.

SECOND SCHEDULE

GOODS FOR THE IMPORT OF WHICH A LICENCE ISSUED UNDER PARAGRAPH 4 IS REQUIRED

   1. — (1) Clothing and uniforms, designed for military, naval, air force or police use.

   (2) Clothing, used, other than the personal effects of an individual.

   (3) Bell-bottom trousers.

for the purposes of this sub-item the expression “bell-bottom trousers” means any flared trousers so made that the circumference of each leg thereof measured along the bottom edge is greater than six-fifths (6/5) of the circumference of such leg measured at its narrowest point parallel to the aforesaid bottom edge.

   2. Gold, including—

   (a)   any unmanufactured gold in any form whatsoever;

   (b)   any article or substance containing such unmanufactured gold;

   (c)   any article consisting of or containing gold which, although manufactured, is, as such, not a gold coin, an article of commerce, a work of art or of archaeological interest;

   (d)   gold derived from the smelting or treatment of any manufactured article containing gold.

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