TREATIES AND OTHER INTERNATIONAL ACTS SERIES 16-224

________________________________________________________________________

DEFENSE

Cooperation

Agreement Between the

UNITED STATES OF AMERICA

and MALAWI

Signed at Lilongwe February 24, 2016
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
 MALAWI

 Defense: Cooperation

 Agreement signed at Lilongwe

 February 24, 2016;

 Entered into force February 24, 2016.

 

 
AGREEMENT 

BETWEEN 

THE UNITED STATES OF AMERICA 

AND 

THE REPUBLIC OF MALA WI 

REGARDING 

MILITARY COOPERATION IN THE REPUBLIC ()F MALA\Vl 

The United States of America (hereinafter "the United States'') and the Republic of 

Malawi (hercinaJlcr ·'Malawi'·). hereinafter collectively referred to as '"the Parties .. and 

singularly as a '·Party .. : 

DESIRING to promote further and strengthen closer bilateral defence and security 

cooperation: 

I lave agreed as f()llows: 

ARTICLE I 

Definitions 

I. '·United States personncr' means members of the United States Anned Forces and 

civilian employees ofthe United States Department of Defense. 

2. ··united States contractors .. means non-Mala·wi companies and lirms. and their 

employees who arc not nationals of Malawi. under contract to the United States 

Department of Defense. 
v 

ARTICLE II 

Scope 

This Agreement shall apply with regard to lJnited States personnel and llnitcd States 

cor_ltr:actors wh_o may be h.'mporarily present in Malawi in connection with ship visits. 

tra111mg. exercrses. humanitarian activities. and other activities as mutually agn;ed. 

ARTICLE Ill 

Privileges, Exemptions, and Immunities 

United States personnel shall he accorded the privileges. exemptions. and immunities 

equivalent to those accorded to the administrative and tedmi<.:al stall or a diplomatic 

mission under the Vienna Convention on I )iplomatk Relations of April l g_ 1961. 

ARTICLE IV 

Entry, Exit, and Travel Documentation 

United Stales personnel may enter and exit Mala\vi with United States identification and 

with colkctive movement or individual travel orders. 

ARTICLf: V 

Licenses and r~crmits 

I_ Malawi shall accept as valid all professional licenses issued by the { lnited States. or its 

States or political subdivisions. to United States personnel for the provision of services to 

authorized personnel. 

2. t'vlalawi shall accept as valid. without a driving test or ke. driving licenses or pcnnits 

issued hy the appropriate United States authorities to llnit<..:d States personnel li.)r the 

operation of vehicles. as \veil as military vessels and aircrall. 

ARTICLE VI 

Uniforms and Weapons 

{ fnited States personnel ar..:: authoriz<..:d to wear unili.m11s while pcrl(mnin~ onici~1l duties 

and to carry arms whill' on duty if authorized to do so by their orders. The Parties shall 

consult rc2.ardin2. the introduction into and the earn· in!!. of arms in l\'lalawi in connection ~- - ~ ~ 

with activities under this Agn.:emcnl. 
ARTICLE VII 

Criminal .Jurisdiction 

Malawi recognizes the particular importance or disciplinary control hv United Stat~s 

1\rmed hlrccs aulhorities over llnited States personnel ami. therd(m:~ authorizes the 

United States to exercise criminal jurisdiction over United States personnel while in 

Malawi. 

ARTICLE VIII 

Exemption From Taxation 

I. The United States Depm1ment of Defense and United States personnel shall not be 

liable to pay any tax or similar charges assessed within Malawi. 

2. Th~ United States Department of Dclense and United States personnel may import 

into. export out oC and use in Malawi any personal propnty. equipment. supplies. 

m<~lt:rieL technology. training. or services in connection with acti\ itics under this 

Agreement. Such importation. exportation. and usc shall be exempt from any inspection. 

licenst:. other restrictions. customs duties. taxes. or any other char~cs assessed within 

Malawi. 

ARTICLE IX 

Security and Protections 

The l Jnitc..:d Stales and Maiawi shall cooperate to take such measures as may he ne\.·cssary 

to ensure the security and protection or United States personnel. property. equipment. and 

onicial inf(mnation in Malawi. 

ARTICLE X 

I<:xcmption of Landing, Parking, ~md Port Fees and Other Charges 

I. Vessels and vehicles opl'rated by or. at the time. exclusively for the l initcd States 

Departmt:nl or I kl\.:nse may enter. exit. and move fi·cely with ill the territ{)ry t)r Malawi. 

and such vehicles (\\hether sclr-propdlcd or towt:d) shallrwt be subject to the payment or 

Oh'rland transit tolls. 

2. Vt:sscls and aircrall owned or operated by or. at the time. exclusively lix the United 

StalL'S Department ol' Defense shall not be subject to the payml..'nl of Iandin~. parking. or 

port fees. pilotage charges. lighterage. and harbor dues at l~tcil ities owned and operated 

by the C iovernmcnt of Malawi. 
3. Ain;rall owned and operated by or. at the time. e:\clusivcly t(lr the { Jnited States 

Dcpartmem ol"Ddcnsc shall nnt he subject to the payment ofnavi!!.ation. mcrlli!!.hl. 

terminal. or similar charges when in the territory of Mala\\ i. ~ ~ 

4. The United States Department orikknsc shall pay reasonable charges for sen·icl's 

requested and received at rates no less i1Ivorahlc than those paid by the -Malawi lkll'Hce 

Force less ta:\es and similar charges. 

5. Aircrall and ve::-;scls of the United States Government shall he fl·ec lrom boarding and 

inspo:ct ion. 

ARTICLE XI 

Contractin~ and Contractors 

I. l'hc llnitcd States Department of lk!Cnsc may contract for any nwkriel. suppliL'S. 

e<.[uiplllent. and sen·iccs (including construction) to be t'umishcd or undertaken in l'v1ala\\ i 

without rcstrictio11 as to choice of contractor. supplier. or person who pro\'idcs such 

materiel. supplies. cquipment. or services. Such contracts shall bC" solicited. awarded. and 

admi nister~d in accordant:..: with the laws and regula! ions () r the ( iovernment 0 r thl' 

l Jnitcd States. 

1. Acquisition or ai·tidcs and services in Malawi by or on behal r or the United States 

Department or Defense in connection with activities under this Agreement shall not be 

suhject to any taxes or similar charges in Malawi. 

3. ( fnited States contractors shall not he liable to pay any tax or other similar charge 

assessed within Malawi in connection with activities under this Agreement. Such 

contractors may import into, export out oL and usc in Malawi any personal properly. 

equipment. supplies. materiel. technology. training. or services in fu\lillmcnt or contracts 

'' ith the United States Department of I kfcnse in connection with acti vitics umkr this 

AgrL'L'mcnt. Such importation. exportation. and usc shall he c:\cmpt li·om any license. 

other restrictions. customs duties. taxes. or any other charges assessed \\ithin Mala\\'i. 

4. l Jnitcd States contractors shall be granted the same trealmcnt as l Jnited States 

pcrsonnd with respect to pro!Cssional and drivers· licenses in Artick V ahovc. 

ARTICLE XII 

Freedom of Movement 
trnited States personnel shall have freedom of movement and access to. anJ usc o[ 

mt!luall~: agr~cd trm_1sp~)rtation. storage. training. and other I~JCilitics requinxl in 

connectiOn With actiVIllcs under this /\2.recmcnt ~ . 

ARTICLE XIII 

Operation ofTclccommunication Systems 

The Government of Malawi recognizes that it may be necessary J(x the l initcd 

States Armed Forces w usc the radio spectrum. The l lnited States I kpartment of 

lkl'cnsc shall he allowed to operate its own telecommunication svstems (as 

telecommunication is ddined in the 1992 Constitution and Conv~nt ion or the 

lnternatinnal Telecommunication Union). This shall include the right to utili/e such 

means anJ services as required to ensure full ability to operate tekcommuniL:ation 

systems. and the right to usc all necessary radio spectrum for this purpose. l be of the 

radio spectrum shall be free or cost to the United States (iovcrnment. United States 

personnel shall n:spcd frequencies in usc or reserved for local operators. 

ARTICLE XIV 

Claims 

I. !"he Parties waive any and all claims (other than contractual claims) against each nthcr 

ftlr damage to. loss ot: nr destruction or the other"s property or injury or death to 

personnd or either Party"s armed f<xccs or their civilian pcrsonnd arising out of the 

performance of their oflicial duties in connection with activities under this Agreement. 

2. ( ·taims by third parties l()r damages or loss caused by l lnitcd States pL'rsonncl shall be 

expeditiously processed and resolved by the United States Gov·ernmcnt in accordance 

\\·ith United States laws and regulations. 

ARTICLE XV 

Precedence ofThis A~r·cmcnt 

UtXH1 its entry into force. this Agreement shall supersede the exchange of notes between 

the Parties regarding issues related to U.S. military personnd and civilian employees or 

thl' llnitt:d States DcpartmL'nl ofDe!Cnse who may be temporarily pn:sent in the Republic 

or Malawi in connection with the Africa Crisis Response Initiative Mohik Training Team 

visit and other activities rdatcd to the African Crisis Response Initiative. the l J.S. note 

bcino dated Julv 2R. !997. and the Malawi note bcin!..'. No. 24. e ~ ~ 
ARTICLE XVI 

Amendment 

This Agreement may he amended by mutual written agreement or the Parties. 

ARTICLI<: XVII 

Implementing Arrangements 

The Parties. or their designated representatives. may cnll:r into implementing. 

arrangements to carry out the provisions nf this Agreement. In the event or con 11 ict 

het\\een an implementing arrangement and this Agreement. the terms of this Agreement 

sha I! govern. 

ARTICLE XVIII 

Settlement of Disputes 

All disputes between the Parties that arise under or arc rclakd to this t\g.n.:ement shall be 

resolved exclusively through consultation between the Parties and shall not hL' rl'll_-rrcd tu 

any national or international court. tribunal. or similar body. or to any third party for 

scllkmcnL unless othen\ ise mutually agreed. 

ARTICLE XIX 

Entry Into Force and l)uration 

I. This t\gn:cmcnt shall enter into Hm:c upon signature . 

., This Agreement shall have an initial term often years. and therealkr. it shall t:lHHinuc 

in !i.m:c unkss terminated by either Party by giving one year's written notice throu~h 

diplomatic dumnds of its intention to terminate this Agreement. 

IN WITNESS WI IFRE<W. the undersigned. being duly authorized thereto by their 

respective Cit)vcrnmcnts. have signed this Agrecmenl. 

duplicate. in the English language. 

FOR THE FOR TilE 

CNITED STATES OF AMERICA: REPUBLIC OF MALA WI: