Jurisdictional Immunities of Foreign States Act 2024 · Updated to 24 May 2024 · Chapter II
7. Waiver of immunity
Feedback & supportA foreign State, the head of State and the head of
foreign State
“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;
Government shall be deemed to have waived their immunity from the jurisdiction of the court if any of them—
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.
Jurisdictional Immunities of Foreign States 11
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—
head of State
“head of State” means a person who holds the highest official position in a foreign State;
the foreign State, the head of State and the head of Government, enters an appearance, intervenes or takes any other step in a proceedings before a court only for the purposes of—
invoking immunity; or
asserting a right or interest in property at issue in the proceedings; and
the foreign State or its representative, the head of State or the head of Government appears as a witness in any court.
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.
head of Government
“head of Government” means a person who presides over the cabinet or any body of similar nature of a foreign State;