Jurisdictional Immunities of Foreign States Act 2024

This Act may be cited as the Jurisdictional Immunities of

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

This Act shall not apply to—

proceedings governed by the Visiting Forces Act 1960

criminal proceedings.

The provision of this Act shall be in addition to, and not in derogation of, the provisions of any other written law relating to the diplomatic missions, consular posts, special missions, missions to international organizations, agent, or delegations of organs of international organization or to international conferences.

In this Act, unless the context otherwise requires—

“head of Government” means a person who presides over the cabinet or any body of similar nature of a foreign State;

“head of State” means a person who holds the highest official position in a foreign State;

“court” means a court of competent jurisdiction in Malaysia;

“Council” means the Foreign State Immunity Council established under section 20;

“foreign State” means any country or territory outside Malaysia, and includes—

a department or various organs of government of a foreign

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

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

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;

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