Malaysia legislation
Section 18
Section 18
(a)
the foreign State has expressly consented to the taking of such measures as provided—
(i)
in an international agreement;
(ii)
in an arbitration agreement or in a written contract;
or
(iii)
in a declaration before the court or in a written communication after a dispute between the parties has arisen;
(b)
the foreign State has allocated the property for the satisfaction of the claim which is the object of that proceedings; or
(c)
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.
(2)
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:
(a)
property, including any bank account, which is used or intended for use in the performance of the functions of the diplomatic mission of the foreign State or its consular posts, special missions, missions to international organizations or delegations of organs of international organizations or to international conferences;
(b)
property of a military character or used or intended for use in the performance of military functions;
Jurisdictional Immunities of Foreign States 19
(c)
property of the central bank or other monetary authority of the foreign State;
(d)
property forming part of the cultural heritage of the foreign State or part of its archives and is not placed or intended to be placed on sale; and
(e)
property forming part of an exhibition of objects of scientific, cultural or historical interest and is not placed or intended to be placed on sale.
Effect of consent to jurisdiction for pre-trial action or enforcement of judgment and order against property of foreign State