wikileaks malawi fraud 09LILONGWE182_a

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FRAUD SUMMARY; MALAWI SEPT 2008 - FEB 2009

Date:

2009 April 3, 10:21 (Friday)

Canonical ID:

09LILONGWE182_a


Original Classification:

UNCLASSIFIED

Current Classification:

UNCLASSIFIED


Handling Restrictions

-- Not Assigned --


Character Count:

13016


Executive Order:

-- Not Assigned --

Locator:

TEXT ONLINE


TAGS:

ASEC - Administration--Security | CMGT - Consular Affairs--Consular Administration and Management | CPAS - Consular Affairs--Passports and Citzenship | CVIS - Consular Affairs--Visas | KFRD - Fraud Prevention Programs | MI - Malawi

Concepts:

-- Not Assigned --


Enclosure:

-- Not Assigned --

Type:

TE - Telegram (cable)


Office Origin:

-- N/A or Blank --


Office Action:

-- N/A or Blank --

Archive Status:

-- Not Assigned --


From:

Malawi Lilongwe

Markings:

-- Not Assigned --


To:

RUEHPNH NVC PORTSMOUTH  | RUEHSD SECSTATE  | South Africa Johannesburg | Southern African Development Community






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(D)00 STATE 98138; (E)07 STATE 171211; (E)07 STATE 67349;

LILONGWE 00000182  001.4 OF 004


1. Per reftel request, post submits the following semi-annual report
covering the period September 2008 through February 2009.

------------------
COUNTRY CONDITIONS
------------------

2. Malawi is among the world's poorest countries, with more than
two-thirds of the population living in poverty. The HIV/AIDS
pandemic has further deteriorated existing economic and social
conditions in the country and has claimed the lives of nearly a
million Malawians from all walks of life. Faced with an inefficient
infrastructure and the difficulty of improving one's economic
situation, Malawians often look for a better life elsewhere. The
United States remains an attractive destination for those seeking a
better life.

3. Lilongwe is a medium-low fraud post. Corruption is a significant
issue for this fledging democracy where fraud can occur at any level
within Malawian society and government institutions.  Malawian
passports and residency permits, along with most civil documents,
are easy to obtain with falsified information.  This fact, coupled
with porous borders, understaffed and ill-equipped immigration and
law enforcement officials, makes Malawi a highly attractive target
for mala fide travelers and immigrant traffickers. Malawian
government officials recognize the susceptibility of their country
to these threats, but thus far have been unable to take effective
action to prevent fraud.

---------
NIV FRAUD
---------

4. NIV fraud is generally unsophisticated, with a sizable number of
cases committed by third country nationals posing as Malawian
citizens or residents.  In the past, Zimbabweans, Nigerians,
Somalis, Pakistanis and Ethiopians have been discovered illegally
transiting Malawi, obtaining illegitimate documents and passports
for suspected travel to South Africa and the US.  Post has not
detected any organized fraud in Malawi.  In any case, consular
officers do not reply on most documentation submitted by applicants
because of its susceptibility to fraud.

5. During the reporting period, post detected a mala fide traveler
through IDENT.  The applicant, a female Malawian holding a genuine
passport, had applied twice previously, once using her true identity
and a second time using a false identity.  Post initially had
problems obtaining her finger prints, which we later determined was
caused by her use of a clear synthetic material to mask her
fingerprints.  A review of the case revealed the applicant had
successfully obtained two genuine passports containing false
information, in addition to her real passport.  In a similar case,
post detected another imposter using a genuine passport also through
IDENT.  In this later case, the applicant was an alien absconder who
had recently been removed from the United States.  In both
instances, the individuals were able to obtain their false identity
passports from local immigration offices without resorting to
bribery or malfeasance. In both cases, Consular and RSO coordinated
their review of these cases with Malawian Immigration authorities.
While arrests were made, both individuals were released after 48
hours and we are not aware of any further criminal or civil
proceedings arising from these cases.

6.  In October 2008, Post conducted a verification study focused on
J-1 Au Pairs. Anecdotal information, including poison pen emails,
indicated this program was being used as an immigration avenue to
the U.S.  The study, which focused on J-1s issued to Au Pairs during
the period October 2005 to October 2007, revealed an overstay rate
in excess of 90%.  Post immediately took steps to correct this
situation including closer review of qualifications and ties along
with discussions with the Au Pair Exchange Program Director(s) in
Malawi and South Africa.

7.  NIV fraud within the A and G visa categories continues to be a
challenge. A lack of control over diplomatic notes and diplomatic
passports has lead to a number of inappropriate requests and
fraudulent behavior. These matters typically including sponsorship
of individuals posing as immediate family members or requests
dealing with an A3 or G3 for a domestic employee who is replacing
another A3/G3 domestic employee who "disappeared" while in the
United States. Within the reporting period, Post met with Ministry
of Foreign Affairs Officials regarding the use and verification of
Diplomatic Notes and the Department's guidelines regarding the

LILONGWE 00000182  002.5 OF 004


sponsorship of immediate family members for A and G visas.

8. Post has experienced a decrease in student visa fraud in the past
three years since the Malawi government added enhanced security
features to Malawi School Certificate of Education (MSCE)
certificates (roughly equivalent to high school diplomas), making
them less susceptible to alteration.

9. We continue to experience a large number of travelers "sponsored"
by various churches, religious groups and individual missionaries in
the United States.  Given the large number of religious-related
avenues available to travel to the United States, church affiliation
is viewed in Malawi as an effective method to obtain a visa.  These
travelers typically apply with someone who is clearly approvable or
has already been to the United States and returned.  When detected,
Post applies appropriate ineligibilities for these individuals who
knowingly used their position and/or travel history to advance the
applications of unqualified applicants.

10.  Finally, we note that during the entire period of this report,
only one NIV applicant revealed that they had a disqualifying
communicable disease.  In a country where there is a substantial
prevalence of disqualifying communicable diseases within the
population at large, this may indicate that some NIV applicants are
failing to provide accurate medical information.

--------
IV FRAUD
--------

11. IV fraud generally relates to the IV application process rather
than the applicant's relationship to the petitioner.  Many of our IV
cases deal with third country nationals (TCN) who reside in Malawi.
Verification of documentation in these cases is extremely
challenging.  Finally, due to the high prevalence of HIV/AIDS in
Malawi, some applicants have attempted to bribe medical officials to
obtain approved medical examinations.  To combat this trend, Post
has identified several certified, reliable and trustworthy panel
physicians and laboratories for medicals.

--------
DV FRAUD
--------

12. N/A. Currently Post's DV cases are handled and processed by
Embassy Harare. Post intends to train consular staff personnel in DV
handling and processing and will assume this responsibility from
Embassy Harare in the next year.

---------------------------
ACS AND U.S. PASSPORT FRAUD
---------------------------

13. Post has not had any cases involving ACS or passport fraud in
recent memory.  With our low ACS load, Post is able to give
considerable oversight and review of our passport and CRBA cases.
Post is currently working a citizenship case where the claimant left
the U.S. some 30+ years ago and failed to renew the U.S. passport he
received as an infant.  While there are no outward indicators of
fraud at this juncture, this case illustrates the complexity of some
of the ACS cases Post handles which require careful review and
investigation to resolve.

--------------
ADOPTION FRAUD
--------------

14. Adoption fraud is not an issue in Malawi at this juncture.
Malawi's restrictive adoption laws and requirements deter most
AMCITs interested in pursuing inter-country adoptions.  Most
adoptions cases are processed through the I-130 process and Post is
able to undertake in-depth reviews of the documentation and the
orphan status of the adoptee child.

------------------
USE OF DNA TESTING
------------------

15. Post did not conduct DNA testing during the reporting period.

----------------------------------
ASYLUM AND OTHER DHS BENEFIT FRAUD
----------------------------------

16. Post did not handle any asylum or DHS benefit cases during the
reporting period.

LILONGWE 00000182  003.4 OF 004



--------------------------------------------- -----
ALIEN SMUGGLING, TRAFFICKING, ORGANIZED CRIME, AND TERRORIST TRAVEL
--------------------------------------------- -----

17. Post's immigration and police contacts report that Somali,
Eritrean Congolese, (DRC) and Ethiopians use Malawi as a rest point
enroute to South Africa. Smugglers reportedly charging each alien
the equivalent of $1400 U.S. dollars. Post has also noticed alien
smuggling attempts through the NIV process.  These attempts
typically involve diplomatic notes for unqualified applicants or the
sponsorship of these applicants by well-regarded AMCITs who served
in Malawi as missionaries or with NGOs.

--------------------------------
DS CRIMINAL FRAUD INVESTIGATIONS
--------------------------------

18. The Regional Security Office and Consular Section have a strong
working relationship and have frequently collaborated on cases and
issues of concern.  Most recently, RSO and Consular worked together
on two cases of identity imposters.

--------------------------------------------- --------
HOST COUNTRY PASSPORTS, IDENTITY DOCUMENTS, AND CIVIL REGISTRY
--------------------------------------------- --------

19. Malawi's primary identity documents (passports, birth
certificates, etc.) create the biggest challenge for Post's fraud
prevention efforts. Genuine documents containing fraudulent
information are the biggest threat.  Most documents are easily
obtained by applicants from any area or level of socio-economic
statute. Birth certificates, death certificates, and marriage
certificates are often created many years after the event and merely
reflect the attestation of the individual requesting the document.
Malawi's lack of document controls means that corruption and bribery
are not essential to receive any new document desired.

20. In a meeting held in February 2009, the Commissioner of
Immigration indicated that Malawi plans to introduce biometrics (a
thumb print) in its passports in the near future.  The Commissioner
of Immigration also agreed to share information in cases involving
passport fraud, Malawi visas, and residence and work permits. The
Consular staff continues to work closely with immigration officials
to investigate fraud and report the authenticity of these
documents.

--------------------------------------------
COOPERATION WITH HOST GOVERNMENT AUTHORITIES
--------------------------------------------

21. Post has received satisfactory cooperation from host country
counterparts.  While Malawian Immigration and Police Official have
been very cooperative with our requests to verify documents and
cooperate with investigations, Malawi does not have the resources,
training or expertise to counter the gaps in the security of their
identity documents.

---------------------------
AREAS OF PARTICULAR CONCERN
---------------------------

22. The availability of genuine identity documents using false
information is of significant concern.  Malawi's porous borders and
its location as a transit route in proximity to other East African
nations known to harbor terrorists and criminals raise the specter
of these undesirables obtaining U.S. visas or passports through
fraud.

---------------------
STAFFING AND TRAINING
---------------------

23. Post's Consular Section consists of one Consular Officer, one
EFM and one LES - there is no dedicated FPU.  The Consul has
extensive experience and recently attended FSI's Advanced Consular
Course, and has previously attended FSI's Analytic Interviewing and
Advanced Consular Namechecking Techniques courses.

24. The LES Consular Assistant is designated the fraud investigator
for the consular section and has received OJT.  This LES (along with
Consul) have developed excellent working relations with the local
and national-level Malawi authorities including Immigration, Police,
Airlines representatives, the Malawi National examination and
Testing Board (MANEB). The LES Consular Assistant has not received
any formal fraud training, but will be nominated for FSI's FSN Fraud

LILONGWE 00000182  004.4 OF 004


course convening in September 2009.

SULLIVAN














































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