SPECIAL MEASURES AGAINST TERRORISM IN FOREIGN COUNTRIES ACT 2015

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Interpretation

assets of every kind, whether corporeal or incorporeal, moveable or immovable, tangible or intangible, however acquired; or

legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including currency, bank credits, deposits and other financial resources, traveller’s cheques, bank cheques, money orders, capital market products, drafts and letters of credit, whether situated within or outside Malaysia, and includes a legal or equitable interest, whether full or partial, in any such property;

“terrorist act” has the same meaning assigned to it by the Penal

Code [Act 574];

“travel document” means a passport or any form of valid document of identity issued by any government for the purpose of travel across international boundaries.

Extra-territorial application

travels to Malaysia; or

travels or intends to travel to a foreign country or any part of a foreign country from or through Malaysia, to engage in the commission or support of terrorist acts involving listed terrorist organizations in a foreign country or any part of a foreign country.

Suspension or revocation of Malaysian travel documents

The Inspector General of Police may make a request under subsection (1) if the Inspector General of Police—

A person whose travel documents have been suspended or revoked may make an application in writing to the Director

General of Immigration for the cancellation of the suspension or revocation order.

On an application under subsection (3), the Director

General of Immigration may cancel or maintain the suspension or revocation order.

Act 770

No person whose Malaysian travel documents have been suspended or revoked under this Act may obtain replacement or temporary Malaysian travel documents while the suspension or revocation order under subsection (1) is in force.

A person who contravenes subsection (5) commits an offence and shall be punished with imprisonment for a term which may extend to two years.

Request for surrender of foreign travel documents

the person may leave Malaysia to engage in the commission or support of terrorist acts involving listed terrorist organizations in a foreign country or any part of a foreign country; and

the surrender of the person’s foreign travel documents is necessary to prevent the person from carrying out such acts.

The Inspector General of Police may make a request under subsection (1) if the Inspector General of Police—

If the Minister has made an order under subsection (1), a subsequent request under this section in relation to the same person shall not be made unless the Inspector General of Police provides additional information to support the request.

Demand for surrender of foreign travel documents

If the person does not immediately surrender the person’s foreign travel documents, the police officer may seize the person’s foreign travel documents, whether or not the foreign travel documents are in his possession or control.

A person commits an offence if the person fails to surrender the travel documents to the police officer immediately upon a demand being made under subsection (1).

A foreign travel document obtained by a police officer under this section shall be immediately returned to the person to whom it was issued upon the expiry of the order made by the Minister under section 6 relating to that document unless the retention of such foreign travel documents is required under any other written law.

No person whose foreign travel documents have been seized under this section may obtain replacement or temporary foreign travel documents while the existing travel documents are seized.

A person who contravenes subsection (3) or (5) commits an offence and shall be punished with imprisonment for a term which may extend to two years.

Institution of prosecution