*MALAYSIA EXTERNAL TRADE DEVELOPMENT CORPORATION ACT 1992

The provisions of the Schedule shall apply to the Corporation.

Membership of the Corporation

a Chairman;

a representative of the Ministry responsible for international trade and industry;

a representative of the Ministry of Finance;

a representative of the Ministry responsible for primary industries;

such other persons, not exceeding eight, as the Minister may determine.

The members of the Corporation shall be appointed by the

Minister and, subject to sections 5 and 6, shall, unless they sooner resign or their appointment are sooner revoked, hold office subject to such terms and conditions as the Minister may determine.

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Tenure of office

A member of the Corporation may at any time resign from his appointment by giving notice to the Minister.

Alternate members

When attending meetings of the Corporation, an alternate member shall for all purposes to be deemed to be a member of the

Corporation.

An alternate member shall, unless he sooner resigns or his appointment is sooner revoked, cease to be an alternate member if the member in respect of whom he is an alternate ceases to be a member of the Corporation.

Malaysia External Trade Development Corporation 11

Temporary exercise of functions of Chairman

Until an appointment is made under subsection (1) or in default of such appointment, the member appointed under paragraph 4(1)(b) shall exercise the functions of and be deemed to be the

Chairman of the Corporation.

Vacation of office

if he dies;

if, there has been proved against him, or, he has been convicted on, a charge in respect of—

an offence involving fraud, dishonesty or moral turpitude; or

if he becomes a bankrupt or has made an arrangement with his creditors;

if he has been found or declared to be of unsound mind or is otherwise incapable of performing his duties or managing his affairs;

if at three consecutive meetings of the Corporation, without leave in writing of the Minister, he has neither

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been present nor represented by the alternate member, if any, appointed in his respect;

if his appointment is revoked by the Minister; or

in the event of his resignation being accepted by the

Minister.

The provisions of subsection (1), other than paragraph (e), shall apply mutatis mutandis to an alternate member.

Filling of vacancies

to promote, assist and develop Malaysia’s external trade with particular emphasis on the export of manufactured and semi-manufactured products and, on a selective basis, imports;

to formulate and implement a national export marketing strategy to promote the export of manufactured and semi-manufactured products;

to undertake commercial intelligence and market research and create a comprehensive database of information for the improvement and development of trade;

to organize training programmes to improve the international marketing skills of the Malaysian exporters;

to enhance and protect Malaysia’s international trade interests abroad;

to represent Malaysia in any international forum in respect of any matter relating to trade;

to develop, promote, facilitate and assist in the service areas related to trade;

to advise the Government on matters affecting or in any way connected with trade and to act as the agent of the

Government or for any person, body or organization on such matters; and

to do all such other matters and things as may be incidental to or consequential upon the discharge of its functions.

Powers of the Corporation

to establish and maintain, with the approval of the

Minister and concurrence of the Minister of Finance, offices in Malaysia and abroad;

to engage in any commercial activity for the purpose of promoting and developing trade and services;

to render assistance in any form to Malaysian exporters and importers;

to maintain a comprehensive database of information on markets, products, buyers and suppliers;

to establish and maintain, with the approval of the

Minister and concurrence of the Minister of Finance, trade and exhibition centres in Malaysia and abroad to promote exports;

to organize trade promotion activities such as participation in trade fairs and despatch of trade missions;

to require the furnishing of information by Malaysian exporters and importers on matter relating to their businesses other than trade secrets;

to publish or to sponsor the publication of periodicals, booklets and other information materials;

to produce or to sponsor the production of documentary films and other audio-visual materials;

to charge for the use of any facility or service provided by the Corporation;

to appoint agents in any country to carry out its functions;

to organize courses and award certificates of proficiency;

Malaysia External Trade Development Corporation 15

to undertake publicity in any form;

to promote cooperation, exchange of information and coordination among institutions concerned with manufacturers, exporters and importers;

to conduct other trade promotion and development activities as directed by the Government from time to time;

to provide facilities for the training of persons in any way connected with the promotions development of trade; and

to do all such other matters and things as it deems fit to enable it to carry out its function and powers effectively.

Power to borrow

The committee so appointed shall regulate its own procedure.

Any committee so appointed shall conform to any instructions from time to time given to it by the Corporation and the Corporation may at any time discontinue or alter the constitution of any committee so appointed.

The committee may invite any person who, in its opinion, is possessed of special knowledge of advantage to it, to attend any meeting of the committee and the person so invited shall not be entitled to vote at any such meeting.

The committee shall report its recommendations to the

Corporation.

Power to delegate

Without prejudice to the generality of subsection (1) and to the other provisions of this Act, the Corporation may delegate to either the Chairman or to the Chief Executive Officer authority to sanction expenditure from the Fund or any other moneys vested in or under the control of the Corporation up to such limit as the

Corporation shall specify.

Power to employ

The appointment of the Chief Executive Officer shall be on such terms and conditions as the Corporation may, with the approval of the Minister, determine.

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Duties of the Chief Executive Officer

the preparation of programmes, schemes and projects for the consideration of the Corporation;

the execution of all programmes, schemes and projects of the Corporation;

keeping the Corporation fully informed of the progress of its programmes, schemes and projects;

the issue of policy guidance or elucidation of decisions of the Corporation to officers and servants of the

Corporation;

the carrying out of the decisions of the Corporation and directions of the Chairman;

the supervision and control over the implementation of the decisions of the Corporation; and

the proper administration and management of the functions and affairs of the Corporation in accordance with the policy laid down by the Corporation.

The Chief Executive Officer shall have general control of the other officers and servants of the Corporation.

The Chief Executive Officer shall perform such further duties as the Corporation may from time to time direct.

If the Chief Executive Officer is temporarily absent from

Malaysia or is temporarily incapacitated through illness or for any other sufficient reason, from the performance of his duties, the

Corporation, with the approval of the Minister, may direct any other

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officer to perform his duties during such temporary absence or incapacity.

Appointment of officers and servants of the Corporation

The Corporation shall not establish or modify any post or scheme of service for officers and servants of the Corporation, including the terms and conditions of service and the salaries, any pension scheme, and any scheme relating to allowances and other remuneration, without the approval of the Ministry of Finance and the

Public Services Department.

Discipline of officers and servants

two members to be elected by and from the members of the Corporation, one of whom shall be elected Chairman;

and

the Chief Executive Officer.

The disciplinary authority in respect of every officer and servant of the Corporation other than the Chief Executive Officer, shall be the Disciplinary Board of the Corporation established under subsection (1).

The Disciplinary Board in respect of the Chief Executive

Officer shall consist of the Chairman of the Corporation as Chairman and two members to be elected by and from the members of the

Corporation.

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The Chief Executive Officer shall not be a member of the

Disciplinary Board or Disciplinary Committee established under subsection (6) in any proceedings before them in which he is the complainant; his place shall be taken by a member to be elected by and from members of the Corporation.

In the exercise of its disciplinary functions and powers the

Disciplinary Board shall have the power to impose such disciplinary punishment as may be provided for under any regulations that may be made under section 36.

The Disciplinary Board may, subject to subsection (7), delegate any of its disciplinary functions and powers to any committee of officers or servants of the Corporation to be known as the Disciplinary Committee, in respect of any particular officer or servant of the Corporation, or in respect of any class or category of officers or servants of the Corporation, and the Disciplinary

Committee delegated with such functions and powers shall carry out, exercise or discharge them under the direction and control of the

Disciplinary Board which shall have the power to review, rescind or vary any decision or finding of such committee.

No delegation shall be made under subsection (6) so as to enable an officer or servant of the Corporation to be a member of any

Disciplinary Committee which may exercise any disciplinary authority over an officer or servant who is superior to him in rank.

Any officer or servant of the Corporation who is dissatisfied with the decision of the Disciplinary Board or of any Disciplinary

Committee delegated with functions and powers under subsection (6)

may, within fourteen days appeal in writing against such decision to the Corporation which may thereupon affirm, reverse or give such directions on the matter as it deems fit and proper.

When the Corporation considers any appeal under subsection

, no member of the Disciplinary Board or of the Disciplinary

Committee, as the case may be, against whose decision the appeal is made, shall be present in any proceedings relating to that appeal.

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The decision of the Corporation upon such appeal shall be final and conclusive.

Public Authorities Protection Act 1948

Any order made under subsection (1) may provide—

The levy collected under this section shall be paid into the

Trade Development Fund established under section 28.

The Corporation shall, authorize any customs officer to collect the levy imposed under subsection (1) on its behalf.

The Minister shall, if he is satisfied that it would be just and proper to do so, direct the refund of the whole or any part of the levy imposed on any goods or class of goods paid pursuant to subsection

during such period as he may specify in his direction, and in directing such refund, impose such terms and conditions as he may deem fit.

The Minister shall, if it is proved to his satisfaction that any money has been overpaid or erroneously paid as a levy under this

Act, order the refund of the money so overpaid or erroneously paid, as soon as practicable:

Provided that no such refund shall be allowed unless a claim in respect thereof is made within one year after the overpayment or erroneous payment was made.

Subject to subsection (6), the Minister shall not be required to allow the aforesaid claim unless the claim —

There shall be paid into the Fund—

In this section and section 29, the expression “loan funds”

means such sums as may be made available from time to time to the

Government by way of loan.

Expenses to be charged on the Fund

the payment of any expenses lawfully incurred by the

Corporation, including survey and legal fees and costs and other fees and costs, the remuneration of officers and servants appointed and employed by the Corporation, including superannuation allowances, pensions or gratuities;

paying any other costs or expenditure properly incurred or accepted by the Corporation in the exercise of its powers or in the discharge of its functions;

repaying any moneys borrowed under section 14 and the interest due thereon;

granting loans under section 15;

subject to subsection 28(3), the payment of any charges on any amount which may be allotted to the Corporation from loan funds;

the making of loans to officers and servants of the

Corporation for purposes approved by the Minister; and

generally, paying any expenses for carrying into effect the provisions of this Act.

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Balancing of revenue account

The payment into and out of the reserve fund shall be determined by the Corporation:

Provided that no part of the reserve fund shall be applied otherwise than for purposes of the Corporation.

Deposit and investment of the Fund

place the Fund on deposit with a bank in Malaysia; or

from time to time, invest the Fund or any part thereof, not being immediately required for meeting its obligations or exercising its powers or discharging its functions, in any investments or securities for the time being authorized for the investment of trust funds under any written law.

Expenditure and preparation of estimates

Before the beginning of September of each year, the

Corporation shall submit to the Minister an estimate of the expenditure (including the expenditure for development projects) for the following year in such form and containing such particulars as the

Minister may direct; and the Minister shall, before the beginning of the following year, notify the Corporation of the amount authorized for expenditure generally or of the amounts authorized for each description of expenditure.

The Corporation may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any par of the additional expenditure included therein.

Statutory Bodies (Accounts and Annual Reports) Act 1980

has failed to collect any moneys owing to the Corporation for the collection of which he is resposible;

is or was responsible for any payment from the Fund of moneys which ought not to have been made or for any payment of moneys which is not duly approved;

is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any moneys, stamps, securities, stores or other property of the

Corporation;

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being or having been an accounting officer, fails or has failed to keep proper accounts or records; or

has failed to make any payment, or is or was responsible for any delay in the payment, of moneys from the Fund to any person to whom such payment is due under any contract, agreement or arrangement entered into between that person and the Corporation, the Corporation shall serve on him a written notice calling on him to show cause why he should not be surcharged, and if a satisfactory explanation is not, within fourteen days from the date of service of the notice as aforesaid, furnished to the Corporation with regard to the failure to collect, payment which ought not to have been made, payment not duly approved, deficiency or destruction, or failure to keep proper accounts or records, or failure to make payment, or delay in making payment, the Corporation may surcharge against the said person a sum not exceeding the amount of any such amount not collected, such payment, deficiency, or loss or the value of the property destroyed, as the case may be; and with regard to the failure to keep proper accounts or records, or the failure to make payment, or the delay in making payment, the Corporation may surcharge against the said person such sum as the Corporation may think fit.

The Chairman shall cause the Chief Executive Officer to be notified of any surcharge made under subsection (1) and the Chief

Executive Officer shall thereupon notify the person surcharged.

The Corporation may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and the

Chairman shall at once cause the Chief Executive Oficer to be notified of such withdrawal.

The amount of any surcharge made under subsection (1) and not withdrawn under subsection (3) shall be a debt due to the

Corporation from the person against whom the surcharge is made and may be sued for and recovered in any court at the suit of the

Corporation and may also be recovered by deduction—

Without prejudice to the generality of the foregoing, such regulations may be made—

Without prejudice to the generality of the provisions of subsection (1), the Corporation shall, as soon as practicable after the end of each financial year, cause to be made and transmitted to the

Minister a report dealing with the activities of the Corporation during

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the preceding financial year and the report shall be in such form and shall contain such information relating to the proceedings and policies of the Corporation as the Minister may from time to time specify.

Power of Minister to give directions