Malaysia legislation

Section 4

of JURISDICTIONAL IMMUNITIES OF FOREIGN STATES ACT 2024

Section 4

Interpretation

“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)

a department or various organs of government of a foreign

State;

(b)

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

Jurisdictional Immunities of Foreign States 9

(c)

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—

(a)

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

(b)

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

(c)

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

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