Jurisdictional Immunities of Foreign States Act 2024

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

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proceedings governed by the Visiting Forces Act 1960

[Act 432]; and

criminal proceedings.

a department or various organs of government of a foreign

State;

a constituent unit of a federal foreign State or political subdivisions of the foreign State; and

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the agency, body or other entity of a foreign State established under a written law of or otherwise by the foreign State;

“commercial transaction” means—

any commercial contract or transaction for the sale of goods or supply of services;

any contract for a loan or other transaction of a financial nature, including any obligation of guarantee or of indemnity in respect of any such loan or transaction;

and

any other contract or transaction of a commercial, industrial, trading or professional nature, but not including a contract of employment.

a foreign State in respect of itself on its official capacity and its property;

the head of State on his official capacity; and

the head of Government on his official capacity, shall enjoy immunity from the jurisdiction of the court and no proceedings shall be instituted against them by any party.

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Proceedings against foreign State, head of State and head of

is named as a party to that proceedings; or

is not named as a party to the proceedings but the proceedings in effect seeks to affect the property, rights, interests or activities of the foreign State.

A proceedings before any court shall be deemed to have been instituted against the head of State or the head of Government if the head of State or the head of Government is named as a party to that proceedings.

has expressly consented to the exercise of the jurisdiction of the court;

has submitted to the jurisdiction of the court;

has instituted, intervened or taken any step in the proceedings of the court; or

has filed any counterclaim arising out of the same legal relationship or facts as the principal claim in any court.

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Notwithstanding subsection (1), a foreign State, the head of State and the head of Government shall not be deemed to have waived their immunity from the jurisdiction of the court if—

For the purposes of paragraph 1(a), any provision in the agreement entered by a foreign State, the head of State or the head of Government which provides that the agreement shall be governed by and construed in accordance with the law of Malaysia shall not be interpreted as consent to the exercise of jurisdiction of the court.

Notwithstanding subsection (1), the immunity enjoyed by the foreign State shall not be affected if—

Where a foreign State enterprise or other entity established by a foreign State which has an independent legal personality and is capable of—

The head of State and the head of Government shall not be immune from the jurisdiction of the court in any proceedings arising out of a commercial transaction carried out by him with any person in Malaysia in his personal capacity.

Notwithstanding subsection (1), the immunity enjoyed by the foreign State shall not be affected if—

The head of State and the head of Government shall not be immune from the jurisdiction of the court in any proceedings relating to contract of employment with any person in Malaysia in his personal capacity.

any death or personal injury; or

any damage to the property, which occurs in Malaysia.

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Restriction of immunity in proceedings relating to determination of right, etc., of property

any right, interest or obligation of the foreign State in immovable property situated in Malaysia;

any right, interest or obligation of the foreign State in movable or immovable property arising out of succession, gift or bona vacantia; or

any right, interest or obligation of the foreign State in the administration of property such as trust property, the estate of a bankrupt or the property of a company in the event of its winding up.

the determination of any right of a foreign State in a patent, industrial design, trade name or business name, trademark, copyright, geographical indication, layout-design of integrated circuits or any other form of intellectual or industrial property; or

an alleged infringement by the foreign State, of a right of the nature referred to in paragraph (a) which belongs to a third person and is protected, registered or granted in Malaysia.

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has participants other than the foreign State or international organizations; and

is incorporated or constituted, as the case may be, under the law of Malaysia or has its registered address or principal place of business in Malaysia.

Notwithstanding subsection (1), the immunity enjoyed by the foreign State shall not be affected if the foreign State and the parties to the dispute have agreed not to be subjected to the jurisdiction of the court or instrument establishing or regulating the company or collective body, as the case may be, contains provisions to that effect.

Restriction of immunity in proceedings relating to ships owned or operated by foreign State

the operation of the ship owned or operated by the foreign State; and

the carriage of cargo on board a ship owned or operated by the foreign State, if at the time the cause of action arose, the ship was used other than for government non-commercial purposes.

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A foreign State may plead all measures of defence, prescription and limitation of liability which are applicable to private ships and cargoes and their owners in the proceedings referred to in subsection (1).

Notwithstanding subsection (1), the immunity of the foreign State shall not be affected if, for the time being, the disputed ship or cargo, as the case may be, is—

If in a proceedings there arises a question relating to the government non-commercial character of a ship owned or operated by a foreign State or cargo owned by a foreign State, a certificate signed by a diplomatic representative or other competent authority of that foreign State and submitted to the court shall serve as evidence of the character of that ship or cargo.

For the purposes of this section, “tax” includes any compulsory charge, duty, excise, cess, dues or other impost imposed under any written law.

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the validity, interpretation or application of the arbitration agreement;

the arbitration procedure; or

the confirmation or the setting aside of the award.

the foreign State has expressly consented to the taking of such action as provided—

in an international agreement;

the foreign State has allocated the property for the satisfaction of the claim which is the object of that proceedings.

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the foreign State has expressly consented to the taking of such measures as provided—

in an international agreement;

the foreign State has allocated the property for the satisfaction of the claim which is the object of that proceedings; or

it has been established that the property is specifically in use or intended for use by the foreign State other than for government non-commercial purposes and is located in Malaysia.

For the purposes of paragraph (1)(c), the following property shall not be deemed as property specially in use or intended for use by the foreign State other than for government non-commercial purposes:

to deliberate and decide on all matters concerning foreign

State immunity arising out from the implementation of this Act;

to issue policies, guidelines and directives to the Government agencies for the purposes of this Act;

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to monitor the implementation of policies, guidelines and directives by the Government agencies on matters relating to the implementation of this Act; and

to do such other things arising out of or consequential to the functions of the Council under this Act consistent with the purposes of this Act.

to certify in writing any fact relating to the question whether a state or a person, as the case may be, is a foreign State, the head of State or the head of Government within the meaning of this Act;

to certify in writing any matter relating to foreign State immunity;

to control and coordinate Government agencies relating to the service of any cause paper or other document arising out of any proceedings; and

to appoint any committee as the Council considers necessary and expedient to assist the Council in performing any of its functions and in the exercise of its powers.

the Prime Minister as the Chairman;

the Deputy Prime Minister as the Deputy Chairman;

the Minister charged with the responsibility for law;

the Minister charged with the responsibility for foreign affairs;

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the Minister charged with the responsibility for investment, trade and industry;

the Minister charged with the responsibility for finance;

the Minister charged with the responsibility for home affairs;

the Minister charged with the responsibility for human resources;

the Minister charged with the responsibility for transport;

the Minister charged with the responsibility for defence;

the Minister charged with the responsibility for domestic trade;

the Minister charged with the responsibility for lands;

and

the Chief Secretary to the Government.

The meetings shall be held at the time and place as determined by the Chairman.

The Chairman may authorize the use of a live video link, live television link or any other electronic means of communication for the purposes of any meeting of the Council.

If the Chairman is absent from any meeting of the Council, he may appoint the Deputy Chairman to replace him as the chairman of the meeting or, in the absence of the Deputy Chairman, any other member of the Council, to replace him as the chairman of the meeting.

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The quorum of the Council shall be seven including the chairman of the meeting.

Every member of the Council present shall be entitled to one vote and if on a question to be determined by the Council there is an equality of votes, the Chairman shall have a casting vote.

the office of the Chairman is vacant;

the Chairman is absent from duty or from Malaysia; or

the Chairman is, for any other reason, unable to carry out his functions.

The Deputy Chairman shall, during the period in which he is carrying out the functions of the Chairman under this section, be deemed to be the Chairman.

The Secretary shall be responsible—

The Secretary shall, in carrying out his responsibilities, act under the direction of the Council.

Without prejudice to the generality of subsection (1), the Prime Minister may make regulations for the following subject matter: