FRAUD SUMMARY; MALAWI SEPT 2008 - FEB 2009

UNCLAS SECTION 01 OF 04 LILONGWE 000182 C O R R E C T E D COPY//MODIFIED SUBJECT LINE, ADDED PASS LINE// SIPDIS DEPT PASS KENTUCKY CONSULAR CENTER DEPT FOR CA/FPP POSTS FOR FRAUD PREVENTION MANAGERS JOHANNESBURG FOR RCO MICHAEL VEASY, DHS BRETT LASSEN E.O. 12958: N/A TAGS: CMGT KFRD ASEC CVIS CPAS MI SUBJECT: FRAUD SUMMARY; MALAWI SEPT 2008 - FEB 2009 REF: (A)08 STATE 074840; (B)05 STATE 205073; (C)03 STATE 340565; (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