Manufacturers, suppliers, dealers, distributors, importers as well as vendors will from December 1 be required to be registered with Malawi Communications Regulatory Authority (MACRA), through which they will be required to have their information and communications technology (ICT) gadgets verified if they meet required international standards.
The Type Approval Regulations, which has been gazetted as part of the Communications Act of 2016 (sections 6(2), 95 and 96), is set to protect consumers from substandard and counterfeit electronic ICT gadgets such as smart mobile phone devices, tablets and laptops.
MACRA developed the Type Approval Regulations in consultation with all stakeholders and at a sensitisation meeting at Sunbird Mount Soche Hotel on Wednesday November 20, MACRA’s Deputy Director of Technologies & Standards, Nicholas Kanyenda emphasised that sections 6(2), 95 and 96 of the Communications Act of 2016 mandates the Authority to type-approve electronic equipment for use in the Republic of Malawi.
“The Authority has developed Type Approval Regulations to guide the country on the standards of ICT equipment for use in Malawi,” Kanyenda said, while indicating that this is a standard requirement by the United Nations through its agency, the International Telecommunication Union (ITU) as well as the Communications Regulators’ Association of Southern Africa (CRASA).
Kanyenda stressed that the manufactures, dealers, distributors, suppliers, importers, vendors and other consumer stakeholders, were involved in the formulation and development of the regulations and are in sync with the new law.
“The ICT industry is one of the fastest growing industries in the world with the emergence of new technologies and innovations every day,” he said. “The surge in the technological advancement has also come with its challenges, one of them being the production of substandard and counterfeit electronic equipment and gadgets.
“The Authority observed with regret that a lot of the electronic equipment that is currently in use is not up to the international standards and, therefore, not certified for use in this country.
“These substandard equipment pose a threat to existing public communication networks, health and safety of ICT consumers as well as the environment — besides degrading the quality of the electronic communication services.
“As consumers of ICT services, every individual has a right to be protected against hazardous products and goods. It is in this light that the authority developed the Type Approval Regulations to ensure that all ICT equipment that is used in this country conforms to the applicable standards.”
He highlighted that the Regulations will ensure the prevention of interference in public communication networks; provide interoperability of customer equipment with telecommunications networks & interconnection between networks; and conform to local and international standards.
It is also to address public health and safety concerns regarding emissions, especially from telecommunication masts; strengthen post-market surveillance activities on unapproved devices; and facilitate the availability of quality devices to the public.
“These regulations shall provide guidelines on the specific equipment that shall require type approval,” he said, while reminding the targeted manufacturers, distributors, importers and vendors “to get their products type-approved before importation and use in the country”.
“It should be noted that the authority follows all ITU and CRASA prescribed guidelines in as far as type approval exemption of devices is concerned.”
The system is to regulate importation of internationally non-approved ICT gadgets, which has been enhanced through a memorandum of understanding (MoU) with Malawi Revenue Authority (MRA), which will not clear equipment that are not type-approved at all points of entry of borders and airports.
For the gadgets to be cleared if found to be non-compliant by MRA, the importer will have to undergo all processes of registration, which is available through digital means without having to visit MACRA offices, and once approved, MRA would then starting processing duty requirements.
MACRA also has other agreements with ICT gadgets manufacturers from member ITU nations, under mutual regulation agreement, in which the manufacturers will paste MACRA Type Approval stickers on the gadgets being imported into Malawi.
Individuals who have travelled abroad and need to buy an ICT product in their host country, also need to verify if the gadgets on offer are in conformity under mutual regulation agreement with Malawi through serial numbers they can send to MACRA’s digital platform.
The stakeholders present welcomed the new regulations as productive, indicating that in the past there has been a proliferation of fake and counterfeit ICT products, which came along without guarantees — thus consumers indeed need to be protected from unscrupulous suppliers and traders.
Representing Consumer Association of Malawi (CAMA), Indota Mpatama, while applauding the new regulations as the positive way forward, asked that MACRA needs to roll out a robust market surveillance system to monitor and inspect that the industry players are in compliance.
To which Kanyenda assured that another MoU was also signed with the Malawi Police Service as part of robust market surveillance system, while also asking members of the public to report on any suspicions of non-compliance of the law.
The main players in the provision of the ICT gadgets have been given a specific period from December 1 to get registered with MACRA and have all their equipment on offer for sale to be type-approved, which is one-off procedure for any model — unless it has been modified by the manufacturer.
MACRA thus has the mandate to confiscate any non-compliant ICT gadget under the Type Approval Regulations — and subject to environmentally-safe disposal after a period of 30 days.
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