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FRAUD SUMMARY - MALAWI

Date:

2009 November 16, 10:09 (Monday)

Canonical ID:

09LILONGWE613_a


Original Classification:

UNCLASSIFIED

Current Classification:

UNCLASSIFIED


Handling Restrictions

-- Not Assigned --


Character Count:

11685


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  | Secretary of State  | South Africa Johannesburg






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(D)05 STATE 205073; (E)03 STATE 340565; (F)00 STATE 98138

1. Per reftel (a), Post submits the following semi-annual report for
the period March 2009 through August 2009.

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

2. Landlocked Malawi is one of the world's most densely populated
and least developed countries. The economy is predominately
agricultural with approximately two-thirds of the population living
in poverty. The Malawi Government faces many challenges including
developing a market economy, improving educational facilities,
dealing with the challenges posed by HIV/AIDS, maintaining fiscal
discipline and reinforcing anti-corruption practices. Faced with the
difficulty of improving one's economic situation, Malawians often
seek a better life elsewhere. The United States remains an
attractive destination for some of those individuals.

3. Lilongwe is a medium-low fraud post. Malawian passports and
residency permits, along with most civil documents, can be obtained
with falsified identity information.  This situation, coupled with
its porous borders, understaffed and ill-equipped immigration and
law enforcement offices, makes Malawi a highly attractive target for
mala fide travelers and immigrant traffickers.  In view of Malawi's
location on the land transit route from East Africa to South Africa,
many refugees, asylum seekers, and other parties headed to South
Africa often seek fraudulently obtained identity documents in
Malawi.  Malawian government officials recognize the susceptibility
of their country to these challenges and threats, but thus far have
been unable to take effective action to curb this security failing.

---------
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, Ethiopians, Eritreans,
Pakistanis, Somalis, Burundians, Rwandans, Zimbabweans and DRC
nationals have been discovered illegally transiting Malawi.  These
individuals are known to have obtained illegitimate documents and
passports for travel to South Africa and the US.  Post has not
detected any organized fraud in Malawi.  Typically, consular
officers do not rely on documentation submitted by applicants
because of its susceptibility to fraud.

5. During the reporting period, post detected an applicant who
assumed the identity of a previously refused applicant.  The mala
fide applicant used the prior applicant's passport and photo as his
appearance and facial features were similar to the prior applicant.
The mala fide applicant was refused after Post detected his
attempted subterfuge.  Subsequently, the prior applicant, who Post
believes was complicit in the fraud, refused to cooperate with
Post's investigation into the matter.

6. Post has experienced a decrease in student visa fraud in the
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.

7. 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 another person who is clearly
approvable or has already been to the United States and returned.
For example, Post handled a large number of applicants seeking to
attend the Seventh Day Adventist Youth Camporee in Wisconsin this
past August.  Post coordinated checks with both the local Church and
Church leaders in the United States in an attempt to eliminate mala
fide applicants.  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.

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

8. 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

LILONGWE 00000613  002 OF 003


challenging.

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

9. N/A. Post's DV cases are handled and processed by Embassy Harare.


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

10. Post has not detected any cases involving ACS or passport fraud
during the reporting period.  With our low ACS load, Post is able to
give considerable oversight and review of our passport and CRBA
cases.

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

11. Adoption fraud is not yet an issue in Malawi.  Malawi's
restrictive adoption laws and requirements have so far deterred most
AMCITs interested in pursuing inter-country adoptions.  Previously,
most adoptions petitions were 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. However, in a recent
hi-profile adoption court case, the Malawi Supreme Court rendered a
decision which may serve to open the door to increased inter-country
adoptions.  Post has already experienced a significant percentage
increase in I-600 adoption cases with NVC forwarding five approved
I-600As in the last two months alone.  Normally, Post might receive
one or two I-600s for an entire year.  Post will track this trend
and report on any developments.

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

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

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

13. Post did not handle any asylum or DHS benefit cases during the
reporting period.  Post did, however, receive approved Visas 92/93
cases from the National Visa Center (NVC). Establishing the
relationship between petitioners and beneficiaries is difficult in
such cases and Post has limited resources to carry out
investigations to establish relationships between the petitioners
and the beneficiaries.  Visas 92 and 93 beneficiaries are typically
not citizens or permanent residents of Malawi.  If possible, the
Department of Homeland Security and United States Citizenship and
Immigration Service (DHS/USCIS) should provide additional
information that could help establish relationships between the
petitioners and beneficiaries.  For example documents that could
assist Post in establishing relationships may include birth
certificates or records, marriage certificates, national
identification cards, school records, church records, family
photographs, health records, home village addresses, home town area
addresses, province/region or district addresses, occupational
records, clan or tribe, mother language, father language, last
address before travel to the US, and/or any other relevant
information that could lead to confirming family relationships.

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

14. Per Paragraphs 3 and 4 above, Malawi serves as a transit country
for third country nationals enroute to South Africa. According to
Malawian Authorities, smugglers reportedly charge aliens transiting
Malawi the equivalent of $1400 U.S. dollars.

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

15. The Regional Security Office and Consular Section have a strong
working relationship and have frequently collaborated on cases and
issues of concern.

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


LILONGWE 00000613  003 OF 003


16. 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
status. 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.  Malawi's
Commissioner of Immigration has informed us that a new, more secure
passport may be issued early in 2010.

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

17. Post has received satisfactory cooperation from host country
counterparts.  While Malawian Immigration and Police Officials have
been very cooperative with our requests to verify documents and
cooperate with investigations, Malawi does not have sufficient
resources, training or expertise to counter the gaps in the security
of their identity documents. Post is working to provide the GOM with
Department sponsored training in this regard.

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

18. The availability of genuine identity documents using false
information is a significant concern.  As a general rule, most
Malawians do not obtain an identity document until they are an
adult.  At that juncture, as long as they have a friend or relative
willing to attest to their chosen "identity", they can receive a
birth certificate which is then used to obtain an official
government identity document such as a passport.  This fact, coupled
with Malawi's porous borders and its location as a transit route in
proximity to East African nations known to harbor terrorists and
criminals, raises the specter of mala fide travelers obtaining U.S.
visas or Malawi passports through fraud.

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

19. 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 attended FSI's Advanced Consular Course,
and has previously attended FSI's Analytic Interviewing and Advanced
Consular Name checking Techniques courses.

20. 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,
Airline representatives, and the Malawi National Examination and
Testing Board (MANEB). The LES Consular Assistant has not received
formal fraud training, and was recently denied a training seat in
the November 2009 FSN Fraud course.  Post has been promised serious
consideration for the March 2010 convening of this course.


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