MALAYSIA BORDER CONTROL AND PROTECTION AGENCY ACT 2024

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates—

any immigration control post, authorized landing place, authorized airport or authorized point of entry, prescribed under the Immigration Act 1959/63 [Act 155];

any legal landing place, customs port, customs airport or place of import and export by road or railway, prescribed under the Customs Act 1967;

any entry point, quarantine station or quarantine premises, specified or declared under the Malaysian Quarantine and Inspection Services Act 2011 [Act 728];

any free zone declared under the Free Zones Act 1990

[Act 438]; or

any quarantine station declared under the Prevention and

Control of Infectious Diseases Act 1988 [Act 342];

“Director General” means the Director General of Malaysia

Border Control and Protection Agency appointed under subsection 4(1);

“Minister” means the Minister charged with the responsibility for home affairs;

“officer of the Agency” means the officer of the

Malaysia Border Control and Protection Agency appointed under subsection 5(1), and includes the Director General and the Deputy Director General of the Agency;

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“competent authorities” includes any ministry, department, office, agency, authority, commission, committee, board, council or other body, of the Federal Government or of any State

Government established under any written law or otherwise, which is responsible for the implementation and enforcement of the relevant written laws;

“relevant written laws” means the federal written laws specified in the Second Schedule and includes any subsidiary legislation made under the written laws.

The Agency shall, subject to this Act, be employed at the prescribed area to carry out functions and powers relating to border control and protection in accordance with the relevant written laws.

Appointment of Director General and Deputy Director General

The appointment under subsection (1) shall be for such period and on such terms and conditions as may be specified in the instrument of appointment.

The period of appointment of the Director General shall not extend beyond the date of his compulsory retirement from the public service, but where he attains the age of such compulsory retirement he may be reappointed as the Director General by the Yang di-Pertuan Agong on contract for such period and on such terms and conditions as may be specified in the instrument of appointment.

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The Director General shall be responsible for the directions, command, control and supervision of all matters relating to the

Agency.

Where the Director General is, for any reason, unable to perform his duties for any period or where the office of the

Director General becomes vacant, the most senior Deputy Director

General may exercise all powers and perform all duties of the Director General.

Appointment of other officers of Agency

The officer appointed under subsection (1) shall have such powers as may be provided for him under this Act and shall be subject to the directions, command, control and supervision of the Director General.

to enforce at the prescribed area the relevant written laws relating to—

inspection and control of people entering into or leaving Malaysia;

inspection and control of food and things incidental to food, drugs, poisons, cosmetics and other things related to health taken into or out of Malaysia;

to carry out surveillance and patrol at the prescribed area;

to gather information and intelligence for the purposes of border control and protection; and

to manage and administer any entry point complex.

The Agency shall carry out the functions under subsection (1)

in accordance with the directions or requirement issued by the competent authorities under the relevant written laws.

In exercising the function under subparagraph (1)(a)(i) for the States of Sabah and Sarawak, the Agency shall comply with the directions given by the State Authority to the Director of

Immigration of Sabah or Sarawak, as the case may be, pursuant to Part VII of the Immigration Act 1959/63.

For the purposes of this section, “State Authority” has the same meaning assigned to it under section 62 of the Immigration

Act 1959/63.

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Powers of Agency

An officer of the Agency shall have the powers of a police officer of whatever rank as provided for under the Criminal

Procedure Code [Act 593] in relation to enforcement, investigation and inspection, and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof.

Overlapping of functions

For the purposes of this Act—

The Agency and the competent authorities shall closely coordinate, consult and liaise with each other and render to each other assistance for carrying out the provisions of this Act.

No compensation shall be payable to any person for any loss incurred following the disposal by an officer of the Agency of any goods forfeited or deemed to be forfeited under this Act or the relevant written laws.

The cost of holding any goods or documents which is held in the custody of the officer of the Agency pending completion of any proceedings in respect of an offence under the relevant written laws shall be borne by any person who is convicted of such offence and shall be recoverable as a debt due to the

Government.

Moneys collected or received

any officer of the Agency; and

any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the Director General, if the act, neglect or default was done or committed by him in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it and for the carrying into effect the provisions of this Act.

Obligation of secrecy

no officer of the Agency whether during or after his tenure of office or employment, shall disclose any information obtained by him in the course of his duties; and

no other person who has by any means access to any information or document relating to the affairs of the Agency shall disclose such information or document.

The name, address, identification card number and passport number of an informer and the substance of the information received from an informer shall be kept secret and shall not be disclosed by any officer of the Agency or any person who in the ordinary course of his duties comes into possession of or has control of or access to such information to any person except the designated officer of the Agency authorized by the

Director General.

Any person who contravenes this section commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding one hundred thousand ringgit or to both.

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Public Authorities Protection Act 1948

Whenever such officer of the Agency exercises any of the powers under this Act, he shall, when not in uniform, on demand, declare his office and produce to the person against whom the power is being exercised the authority card issued to him under subsection (1).

It shall not be an offence for any person to refuse to comply with any request, demand or order made by any officer of the Agency acting or purporting to act under this Act if such officer is not in uniform and refuses to declare his office and produce his authority card, on demand being made by such person.

Uniform

Every officer of the Agency shall wear a uniform and equipment determined by the Director General while on duty unless exempted in writing by the Director General.

When a person ceases to be an officer of the Agency, he shall, within fourteen days, deliver to the person appointed by the Director General for that purpose his uniform and equipment which have been supplied to him.

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Any person who, having ceased to be an officer of the Agency, without good cause, fails to comply with subsection (3)

commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three months or to both, and, in addition, shall be liable to pay the value of the uniform and equipment not delivered up and shall be recoverable as if it were a fine.

Carrying of arms

assaults, obstructs, hinders, interferes or threatens any officer of the Agency or other public servant or any person acting in his aid or assistance or duly employed in the performance of his powers under this Act;

rescues or endeavours to rescue, or causes to be rescued, any goods which have been duly seized or any person who has been detained;

without lawful authority, breaks, tampers with or damages the seal attached to any goods or such receptacles, packages or conveyances seized by officer of the Agency or removes any goods and such receptacles, packages or conveyances under seal, or attempts to do so;

before or after any seizure, breaks or otherwise destroys any package or goods to prevent the seizure thereof or the securing of the same; or

refuses to give such information or furnishes as true information which he knows or has reason to believe to be false when being required by this Act to give any information which may reasonably be required by an officer of the Agency,

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commits an offence and shall, on first conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding five hundred thousand ringgit or to both, and on a second or subsequent conviction, to imprisonment for a term not exceeding seven years or to a fine not exceeding one million ringgit or to both.

Standing Order

Any pending application for any pass, permit or other document made under the relevant written laws before the coming into operation of this Act shall not be affected by this Act and shall be dealt with as if this Act had not been enacted.

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First Schedule

[Section 2]

PRESCRIBED AREA

That portion of the fenced in area of the foreshore, including the mouth of Sungai Buluh, all jetties and all wharves of the Johor Port Authority, situated between the west bank of Sungai Perembi located at latitude 01° 26’ 28’’ N, longitude 103° 53’ 16’’

E, thus to a line joining the westernmost dolphin of DCJ 4 located at latitude 01° 26’ 27’’ N, longitude 103° 53’ 06’’ E, and finally joining the line of Johor Port Water Limit at Latitude 01° 26’ 14’’ N, longitude 103° 53’ 06’’ E;

On the eastern side, the area along the wharf

No. 11 located at latitude 01° 26’ 03.5’’ N, longitude 103° 55’ 23’’ E on the northern part, and at the southern part of wharf No. 11 located at latitude 01° 25’ 52’’ N, longitude 103° 55’ 20’’

E, adjacent to the west bank of Sungai Latoh located at latitude 01° 26’ 12’’ N, longitude 103° 55’ 29’’ E.

The Government wharf;

The wharf of the Pahang Consolidated Co. Ltd.

Petroleum;

The wharves of Shell Malaysia Ltd. and Esso

Malaysia Ltd.

The wharves of the Kuantan Port Authority in the First Basin (Basin A);

The whole dolphin jetty located at the southern part of the First Basin (Basin A);

The whole dolphin jetty located at the northern part of the First Basin (Basin A).

The jetties of the Straits Trading Co. Ltd.;

The piers operated by the Penang Port Commission;

The six berths of the Butterworth wharves;

North Butterworth Container Terminal (NBCT)

operated by the Penang Port Commission;

The jetties of Shell Malaysia Ltd. and Petron

Malaysia Refining & Marketing Berhad at

Bagan Luar;

The Dolphin Pier operated by the Penang Port

Commission.

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Customs port

Legal landing place 7.

Bintulu

The wharf of Bintulu Port Authority at Tanjung

Kedurong which is located at—

Wharf

Latitude

Longitude 1 3°15’53.3785” N

113°3’57.5312” E

3°15’53.3855” N

113°3’52.0233” E

2 3°15’53.3714” N

11°4’3.0390” E

3°15’53.3785” N

113°3’57.5312” E

3 3°15’53.3641” N

113°4’8.6927” E

3°15’53.3714” N

113°4’3.0390” E

4 3°15’53.3545” N

113°4’16.1283” E

3°15’53.3641” N

113°4’8.6927” E

5 3°15’53.3449” N

113°4’23.5647” E

3°15’53.3545” N

113°4’16.1283” E

Ro-Ro 3°15’52.7343” N

113°3’52.0225” E

Ramp 3°15’52.7354” N

113°3’51.1963” E

Bulk 3°15’52.7354” N

113°3’51.1963” E

Cargo 3°15’43.9436” N

113°3’16.1851” E;

LNG Jetty located at—

MD/BD

Latitude

Longitude

M.D. 1 3° 15’ 49.689” N

113° 3’ 14.095” E

B.D. 1 3°15’ 51.215” N

113° 3’ 17.920” E

B.D. 5 3° 15’ 53.653” N

113° 3’ 20.807” E

M.D. 7 3° 15’ 56.256” N

113° 3’ 22.560” E;

LPG jetty located at latitude 3° 15’ 57.5” N and longitude 113° 2’57.4” E.

The area known as the West Wharf located at

Lot PT 3410, Mukim of Teluk Kalong in the

District of Kemaman operated by Sukma Samudra

Sdn. Bhd.

The wharves of the Sabah Port Authority;

Offshore Single Buoy Mooring Jetty belonging to

Exxon Production Malaysia Incorporation.

The Customs Office and all its ancillary building and structure situated within the Bukit Kayu

Hitam Immigration Complex which is located along Sadao/Changlun trunk road between 8.9km north of Changlun and 0.69km south of Danok

(Thailand) Immigration/ Customs Check Point in the Mukim of Laka Temin, Kubang Pasu, Kedah;

The Customs Office and all its ancillary buildings and structure situated within The Lembaga

Kemajuan Ikan Malaysia (LKIM) Examination

Complex which is located along Sadao/Changlun trunk road between 9.1km north of Changlun and 0.67km south of Danok (Thailand) Immigration/

Customs Check Point as prescribed in plan Plot

No. PT 890 and PT 2180 in the Mukim of Laka

Temin, Kubang Pasu, Kedah.

The Passenger Examination Gate, i.e. the area allocated for Immigration and Customs examination;

The Customs Import Bays in the Customs Complex at Tanjong Putri enclosed within the perimeter fence commencing from the south by the entry gate nearest to Customs Booth No. 1 from the direction of Singapore and terminating at the exit gate nearest to Customs Booth No. 3 as the northern boundary;

The Customs Export Bays in the Customs Complex at Tanjong Putri bounded within the perimeter fence commencing from the north by the entry gate nearest to Customs Booth No. 3 and terminating at the exit gate nearest to Customs Export Exit

Check-point at Booth No. 2 as the northern boundary;

The Customs Check-Point at the Johor Bahru

Railway Station;

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Location

Place of import and export

The Customs Office and all buildings and additional construction located within the Bangunan Sultan

Iskandar (BSI), Bukit Chagar, Mukim of Johor

Bahru, District of Johor Bahru, Johore enclosed within the perimeter fence, commencing from the south at the entry/exit gate along the perimeter fence nearest to the Bangunan Sultan Iskandar (BSI)

from the direction of Singapore and terminating at the exit/entry gate facing the Lingkaran Dalam

Road.

For imports into the free zone— Customs Complex at Pasir Gudang that is an area allocated for examination by the Free Zone Authority and

Customs which includes the railway yard and the road leading out of the free zone;

For exports from the free zone— Customs

Complex at Pasir Gudang that is an area allocated for examination by the Free Zone Authority and

Customs which includes the railway yard and the road leading out of the free zone.

The Immigration Check-Point at the Railway

Bridge spanning the Sungai Golok;

The railway track at Rantau Panjang commencing from the Malaysian end of the railway bridge on the right bank of Sungai Golok and extending southerly approximately 155.4 metres to the road level crossing including the railway station platform running parallel to the track;

That area in Lot 251 in the village of Rantau

Panjang, district of Pasir Mas, Kelantan comprising the Immigration Complex Check-Point and shed bounded on the north by the north gate and fence on the Malaysian end of the road bridge connecting

Rantau Panjang and Golok on the south by the south gate, to the west, the fencing linking both the gates and to the east, the building complex

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Location

Place of import and export and the imaginary straight line projecting from the northern end of the building complex till it meets the north gate including the passage connecting the check-point area to the railway station platform adjoining the Customs Office;

Heavy Vehicle Examination Centre, in the Malaysian

Timber Industry Board Complex, Gual Nering,

Pasir Mas, Kelantan as prescribed in grey in

Plan No. PW 682, located at kilometre 20, Pasir

Mas–Rantau Panjang Highway.

The wharf and jetty of the Port Klang Authority on the east bank of the Klang Straits between

Sungai Tiga and Sungai Puloh;

That portion of the foreshore which extends from a position of 93.41 metres north of the passenger jetty Jalan Foreshore to the mouth of the Sungai

Aur and thence along the bank of the Sungai Aur to and including the concrete jetty at the cattle quarantine station and including jetty, wharf and pontoon extending from the said foreshore and riverbank and wharf;

The wharf and jetty of the Port Klang Authority on the west bank of Pulau Indah between Sungai Chandong

Besar on the northern west port limit at Latitude 02˚ 55’ 48” North Longitude 101˚ 20’ 24.5” East and Sungai Lurus on southern west limit at Latitude 02˚ 54’ 05” North Longitude 101˚ 17’ 10” East;

The Star Cruise Sdn. Bhd. extending for a distance of 247.31 metres to the sea located on the west bank of Pulau Indah north of Sungai Chandong Besar at the coordination Latitude 02˚ 59’ 05.415” North,

02˚ 59’ 06.003” North Longitude 101˚ 20’ 15.723” East 101˚ 20’ 16.921” East;

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Location

Entry point

The jetty of ASA Niaga Sdn. Bhd. at Port Klang located on the left bank of Klang River between

Latitude 03˚ 00’ 31.9294” North to 03˚ 00’ 26.1835”

North Longitude 101˚ 23’ 28.4299” East to 101˚

23’ 26.4980” East.

land occupied by the Klang Port Management

Sdn. Bhd., comprising Export Stacking Bay

(6 blocks: TA - TG), Refers Stack (2 Blocks: RA-RB),

Customs Examination Bay (3 Blocks: 1 -3), Godown

Q (an area of 220’ x 150’), Godown P (an area of 600’ x 150’), Open Yard P (an area of 660’ x 217’),

Transit Shed No. 13 (an area of 100’ x 101’),

Transit Shed No. 16 (an area of 177’ x 105’),

Transit Shed No. 18 (an area of 177’ x 105’) and

Dock Area (an area of 700’ x 105’);

land occupied by the Klang Container Terminal comprising the Export Stack (Block B1 -Rows B11

to B30, Slots 01 to 14) (Blocks B2 -Rows B11 to

B29, Slots 15 -31) (Block C1 -Rows C01 to C34

and C99, Slots 01 -14) (Block C2 -Rows 01 to

C35, Slot 15 - 31) (Block F - Rows F16 to F25,

Slots 01 -11 Rows F01 to F15, Slots 01 to 03)

(Block G-Rows 01 to G16, Slots 01 to 14) (Refer-Row R01 to R52, Rows R59 to R87 Customs

Examination Area bounded by the pink line as shown in the above Gazette Plan 882) (Rows E01

to E42, Slots 01 to 06) FS Stacking Area (Rows 01 to 06, Slots 16 to 62) and Container Freight

Station (an area of 2.973 square metres);

land occupied by Port Klang Distribution Park

Sdn. Bhd., comprising the Customs Holding Area

(an area of 20,000 square feet).

that portion of the fenced in area of the foreshore, including the mouth of Sungai Buluh, all jetties and all wharves of the Johor Port Authority, situated between the west bank of Sungai Perembi located at Latitude 01˚ 26’ 28” North Longitude 103˚

53’ 16” East, thus to a line joining the western most dolphin of DCJ 4 located at Latitude 01˚

26’ 27” North Longitude 103˚ 53’ 06” East and finally joining the line of Johor Port Water Limit at Latitude 01˚ 26’ 14” North Longitude 103˚ 53’

06” East;

on the eastern side, the area along the Wharf No. 11

located at Latitude 01˚ 26’ 03.5” North Longitude 103˚ 55’ 23” East on the northern part, and at the southern part of Wharf No. 11 located at Latitude 01˚ 25’ 52” North Longitude 103˚ 55’ 20” East, adjacent to the west bank of Sungai Latoh located at Latitude 01˚ 26’ 12” North Longitude 103˚ 55’

29” East.

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Location

Entry point 8.

Pasir Gudang

(Free Zone)

for import into the Zone-Customs Complex at

Pasir Gudang, i.e. the area allocated for the Zone

Authority and Customs Imports Examination which includes the railway yard of the road leading into the Zone;

for export from the Zone-Customs Complex at

Pasir Gudang, the area allocated for the Zone

Authority and Customs Exports Examination which includes the railway yard and the road leading out of the Zone.

the Government wharf;

the wharf of the Pahang Consolidated Co. Ltd.

the wharf of the Kemaman Port Authority located on the reclaimed land at Lot PT 3180;

the area known as the West Wharf situated at

Lot PT 3410, Mukim of Teluk Kalong in the

District of Kemaman operated by PTB West

Wharf Sdn. Bhd.

the piers operated by Pulau Pinang Port Commission;

the five berths of the Butterworth wharves;

the North Butterworth Container Terminal operated by Pulau Pinang Port Commission.

land occupied by the Pulau Pinang Port Sdn. Bhd.

comprising of—

Warehouse W2;

the portion of the south bank of the Prai River extending from Railway Passenger Jetty westward to the sea including the Penang Port Commission landing stage and wharf and also the foreshore of the reclamation and ending at a distance of 237.8

metres southward from the southern tip of the lighter basin;

the Bulk Cargo Terminal operated by the Penang

Port Commission located at Latitude 5˚ 22’ North and Longitude 100˚ 22’ East.

the Inland Clearance Depot Kontena Nasional

No. 2443, Lorong Perusahaaan Satu, Kawasan

Perusahaan Prai;

the North Terminal Sdn. Bhd. 4935, Dermaga Prai.

the Customs Office and all its ancillary buildings and structures situated within the Bukit Kayu Hitam

Immigration Complex which is located along Sadao/

Changlun trunk road between 8.9 kilometres north of Changlun and 0.69 kilometres south of Danok

(Thailand) Immigration or Customs Check-Point in the Mukim of Laka Temin, Kubang Pasu, Kedah;

the Customs Office and all its ancillary buildings and structures situated within the Lembaga

Kemajuan Ikan Malaysia Examination Complex which is located along Sadao/Changlun trunk road between 9.1 kilometres north of Changlun and 0.67

kilometres south of Danok (Thailand) Immigration or Customs Check Point as prescribed in plan Lot

No. PT 890 and PT 2180 in the Mukim of Laka

Temin, Kubang Pasu, Kedah.

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Location

Entry point 21.

Bukit Kayu

Hitam Town and Mukim of

Sungai Laka,

District of

Kubang Pasu,

Kedah

(Free Zone)

All those lands situated in Bukit Kayu Hitam Town and Mukim of Sungai Laka, District of Kubang Pasu,

Kedah, bounded by the grey line as shown in the

Gazette Plan 1385 deposited in the office of the Director of Survey, Kedah.

the Immigration Check-Point at the Railway Bridge spanning the Sungai Golok;

the railway track at Rantau Panjang commencing from the Malaysian end of the railway bridge on the right bank of Sungai Golok and extending to southern approximately 155.4 metres to the road level crossing including the railway station platform running parallel to the track;

that area in Lot 251 in the village of Rantau

Panjang, district of Pasir Mas, Kelantan comprising the Immigration Complex Check-Point and shed bounded on the north by the north gate and fence on the Malaysian end of the road bridge connecting

Rantau Panjang and Golok on the south by the south gate, to the west, the fencing linking both the gates and to the east, the building complex and the imaginary straight line projecting from the northern end of the building complex till it meets the north gate including the passage connecting the check-point area to the railway station platform adjoining the Customs Office.

for import by a motor car, bus, motorcycle, scooter, bicycle and foot passenger, the passenger of Examination Gate, i.e. the area allocated for

Immigration and Customs Examination;

for import by other vehicular traffic, the Customs

Import Bay in the Customs Complex at Tanjung Putri enclosed within the perimeter fence commencing from the south by the entry gate nearest to Customs

Booth No. 1 from the direction of Singapore and terminating at the exit gate nearest to Customs

No. 3 as the northern boundary;

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Location

Entry point

for export by road during normal working hours, the Customs Export Bay in the Customs Complex at Tanjung Putri bounded within the perimeter fence commencing from the north by the entry gate nearest to Customs Booth No. 3 and terminating at the exit gate nearest to Customs Export Exit CheckPoint at Booth No. 2 of the northern boundary;

for export by road outside normal working hours, the Customs Export Bay in the Customs Complex at Tanjung Putri as specified in paragraph (c), or at the direction of the Proper Officer of Customs;

the Customs Office and buildings and additional construction located within the Customs, Immigration and Quarantine Complex Lot Bukit Chagar, Mukim

Johor Bahru, District of Johor Bahru, Johore enclosed within the perimeter fence, commencing from the south at the entry/exit gate facing the

Lingkaran Dalam Road.