What is AKTA PERDAGANGAN STRATEGIK 2010?

*STRATEGIC TRADE ACT 2010 is Malaysia Act, cited as Act 708 2010, currently marked in force and first recorded in 2010.

Is AKTA PERDAGANGAN STRATEGIK 2010 still in force?

Yes — AKTA PERDAGANGAN STRATEGIK 2010 is currently in force.

When did AKTA PERDAGANGAN STRATEGIK 2010 take effect?

AKTA PERDAGANGAN STRATEGIK 2010 was first recorded in 2010.

How many sections does AKTA PERDAGANGAN STRATEGIK 2010 have?

AKTA PERDAGANGAN STRATEGIK 2010 contains 61 sections.

What amends AKTA PERDAGANGAN STRATEGIK 2010?

AKTA PERDAGANGAN STRATEGIK 2010 has been amended by AKTA PERDAGANGAN STRATEGIK (PINDAAN) 2017.

Where can I read the official version of AKTA PERDAGANGAN STRATEGIK 2010?

The official text of AKTA PERDAGANGAN STRATEGIK 2010 is published at lom.agc.gov.my.

AKTA PERDAGANGAN STRATEGIK 2010 (No. 708)

PRELIMINARY

Short title and commencement

Section 1

(2)

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 for different provisions of this Act.

Interpretation

Section 2

In this Act, unless the context otherwise requires —

“authorized officer” means any of the officers specified in section 25A;

8 Laws of Malaysia

“biological agent” means any microbial, micro-organism, virus or infectious substance derived from them naturally or artificially, as well as their components and whatever their origin or method of production;

“biological weapon” means any microbial or other biological agents or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purpose, and weapons, equipment or means of delivery designed to use biological agents or toxins for hostile purposes or in armed conflict;

“bring in transit” means to bring items from any country into

Malaysia by land, sea or air, where the items are to be taken out from

Malaysia on the same conveyance on which they are brought into

Malaysia or any other conveyance and whether or not such items are landed or transhipped in Malaysia, but does not include the passage through Malaysia in accordance with international law of a foreign conveyance carrying any items;

“brokering” means the activity of a person who, either on his own behalf or acting as an agent on behalf of another person—

(a)

negotiates or arranges for the purchase, sale or supply of items from one foreign country to another foreign country; or

(b)

purchases, sells or supplies such items from one foreign country to another foreign country;

“chemical weapon” has the same meaning as assigned to it under the

Chemical Weapons Convention Act 2005 [Act 641];

“Controller” means the Strategic Trade Controller appointed under section 5, and includes the Deputy Strategic Trade Controller;

“conveyance” includes any vessel, train, vehicle, aircraft and any other means of transport by which persons or items can be carried;

“device” means any medium in which information, visual images, sounds or other data is or are recorded, stored or embodied in any form

Strategic Trade 9

so as to be capable (with or without the aid of other equipment) of being retrieved or produced therefrom;

“export” means—

(a)

to take or cause to be taken out of Malaysia any items by land, sea or air, or to place any items in a conveyance for the purpose of such items being taken out of Malaysia by land, sea or air; or

(b)

to transmit technology by any means to a destination outside Malaysia, and includes any oral or visual transmission of technology by a communications device where the technology is contained in a document the relevant part of which is read out, described or otherwise displayed over the communications device in such a way as to achieve a similar result;

“items” includes goods and technology;

“Minister” means the Minister charged with the responsibility for international trade and industry;

“nuclear weapons” means any device which is capable of releasing nuclear energy in an uncontrolled manner and which has a group of characteristics that are appropriate for use for warlike purposes, but does not include the delivery system if it is separable from the device;

“owner”, in relation to—

(a)

strategic items or unlisted items, includes any person being or holding himself out to be the owner, importer, exporter, consignee, agent or person in possession of, or beneficially interested in, or having any control of, or power of disposition over, the strategic items or unlisted items; and

(b)

a conveyance, includes every person acting as agent for the owner or who receives freight or other charges payable in respect of the conveyance;

10 Laws of Malaysia

“permit” means a permit issued under this Act, and includes a special permit;

“related laws” means the written laws specified in the Schedule;

“relevant Authority” means the Authority designated under the related laws for the regulation of the strategic items, unlisted items and restricted activities, and includes the Controller;

“restricted activity” means—

(a)

any activity that supports the development, production, handling, usage, maintenance, storage, inventory or proliferation of any weapon of mass destruction and its delivery systems; or

(b)

participation in transactions with persons engaged in such activities;

“software” means a collection of one or more programmes or microprogrammes recorded, stored or embodied in any device;

“strategic items” means any items prescribed as strategic items under section 7;

“strategic technology” means technology prescribed as a strategic item under section 7;

“technical assistance” includes instructions, skills, training, the provision of working knowledge and consulting services and may involve the transfer of technical data;

“technical data” includes blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions in print or electronic format;

“technology” means information and data in any form for the design, development, production or use of another item and includes technical data, technical assistance and software;

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“toxin” means any poisonous substance, whatever its origin or method of production, produced by a living organism or artificially synthesised which can cause illness, injury or death;

“tranship” means to remove items from the conveyance on which they are brought into Malaysia and to place the items on the same or another conveyance for the purpose of taking them out of Malaysia where these acts are carried out on a through bill of lading, through airway bill or through manifest;

“transmit”, in relation to strategic technology, means—

(a)

to transmit the technology in Malaysia by electronic means; or

(b)

to make the technology available in Malaysia on a device, so that the strategic technology becomes accessible to any person, whether within or outside Malaysia;

“unlisted items” means items that may be used in a restricted activity but are not prescribed as strategic items under section 7;

“weapons of mass destruction” means any weapon designed to kill, harm or infect people, animals or plants through the effect of nuclear explosion or dispersion or the toxic properties of a chemical weapon or the infectious or toxic properties of a biological weapon, and includes a delivery system designed, adapted or intended for the deployment of such weapons.

Prevailing law

Section 3

(2)

In the event of any conflict or inconsistency between the provisions of this Act and those of any other written laws, including the related laws, the provisions of this Act shall prevail and the conflicting or inconsistent provisions of the other written laws shall, to the extent of the conflict or inconsistency, be deemed to be superseded.

Extra-territorial application

Section 4

(2)

For the purposes of subsection (1) and in relation to the transmission of strategic technology, this Act shall apply if, for the offence in question, the transmission of the strategic technology utilized any equipment or device located in Malaysia or was routed through any equipment or device located in Malaysia.

APPOINTMENT AND POWERS OF STRATEGIC TRADE

CONTROLLER

Appointment of Controller, etc.

Section 5

(2)

The Controller shall perform the functions and duties imposed and exercise the powers conferred upon him under this Act.

(3)

The Deputy Strategic Trade Controller may perform all functions and duties imposed and exercise all powers conferred upon the Controller under this Act.

Strategic Trade 13

(4)

The Controller may appoint such public officers and any other officers as may be necessary to assist him in the performance of his functions under this Act.

(5)

The Controller shall have the general direction and control of the Deputy Strategic Trade Controller and the officers appointed under subsection (4).

Functions and powers of Controller

Section 6

(a)

dealing with strategic items, unlisted items and restricted activities under this Act, including the issuance of permits and the registration of brokers to the extent that it is not otherwise provided for under the related laws;

(b)

issuing guidelines for dealing with applications for permits and registration;

(c)

issuing guidelines for dealing with applications for the export of unlisted items;

(d)

issuing directives or guidelines on the implementation of export screening processes;

(e)

issuing lists specifying persons not to be issued permits and persons not to be registered as brokers;

(f)

seeking assistance from any government, international organization or person in the implementation of this Act;

(g)

doing anything incidental or conducive to the performance of any of the functions referred to in paragraphs (a) to (f).

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(2)

The Controller shall have all such powers as may be necessary for, or in connection with, or reasonably incidental to, the performance of his functions under this Act.

(3)

The Controller shall have the general direction and control of authorized officers for the purpose of regulating strategic items, unlisted items and restricted activities under this Act.

CONTROL OF STRATEGIC ITEMS, UNLISTED ITEMS AND

RESTRICTED ACTIVITIES

Strategic items

Section 7

(2)

If any question arises as to whether any item is or is not included in a class of items appearing in an order made under subsection (1), such question shall be decided by the Controller.

Restricted and prohibited end-users

Section 8

(2)

The Minister may designate an end-user to be a prohibited end-user to which all export, transhipment or transit of strategic items or unlisted items under this Act are prohibited.

(3)

A list of the restricted end-users and prohibited end-users shall be published by order in the Gazette, and the Minister may amend the list from time to time.

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Export, transhipment and transit of strategic items and unlisted items

Section 9

(2)

No person shall export, tranship or bring in transit strategic items or unlisted items to a restricted end-user specified in subsection 8(1)

unless he obtains a special permit issued under this Act.

(3)

No person shall export, tranship or bring in transit strategic items or unlisted items to a prohibited end-user specified in subsection 8(2).

(4)

A person who contravenes subsection (1) commits an offence and shall, on conviction—

(a)

in relation to strategic items which are arms or related material—

(i)

where the act is done with the intent to unlawfully export, tranship or bring in transit such strategic items without a permit or with knowledge that the export, transhipment or bringing in transit of such strategic items without a permit is unlawful—

(A)

where death is the result of the act, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years, and in the case of a body corporate, be punished with a minimum fine of thirty million ringgit; or

(B)

in any other case, be punished with imprisonment for a term not exceeding ten years or with a fine not exceeding ten million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding twenty million ringgit; or

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(ii)

where the act is done without the intent to unlawfully export, tranship or bring in transit such strategic items without a permit or without knowledge that the export, transhipment or bringing in transit of such strategic items without a permit is unlawful, be punished with imprisonment for a term not exceeding five years or with a fine not exceeding five million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding ten million ringgit; and

(b)

in relation to strategic items other than arms or related material—

(i)

where the act is done with the intent to unlawfully export, tranship or bring in transit such strategic items without a permit or with knowledge that the export, transhipment or bringing in transit of such strategic items without a permit is unlawful, be punished with imprisonment for a term not exceeding ten years or with a fine not exceeding ten million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding twenty million ringgit; or

(ii)

where the act is done without the intent to unlawfully export, tranship or bring in transit such strategic items without a permit or without knowledge that the export, transhipment or bringing in transit of such strategic items without a permit is unlawful, be punished with imprisonment for a term not exceeding five years or with a fine not exceeding five million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding ten million ringgit.

(5)

A person who contravenes subsection (2) commits an offence and shall, on conviction—

Strategic Trade 17

(a)

in relation to strategic items or unlisted items which are arms or related material—

(i)

where the act is done with the intent to unlawfully export, tranship or bring in transit such items without a special permit or with knowledge that the export, transhipment or bringing in transit of such items without a special permit is unlawful—

(A)

where death is the result of the act, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years, and in the case of a body corporate, be punished with a minimum fine of thirty million ringgit; or

(B)

in any other case, be punished with imprisonment for a term not exceeding ten years or with a fine not exceeding ten million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding twenty million ringgit; or

(ii)

where the act is done without the intent to unlawfully export, tranship or bring in transit such items without a special permit or without knowledge that the export, transhipment or bringing in transit of such items without a special permit is unlawful, be punished with imprisonment for a term not exceeding five years or with a fine not exceeding five million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding ten million ringgit; and

(b)

in relation to strategic items and unlisted items other than arms or related material —

(i)

where the act is done with the intent to unlawfully export, tranship or bring in transit such items

18 Laws of Malaysia without a special permit or with knowledge that the export, transhipment or bringing in transit of such items without a special permit is unlawful, be punished with imprisonment for a term not exceeding ten years or with a fine not exceeding ten million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding twenty million ringgit; or

(ii)

where the act is done without the intent to unlawfully export, tranship or bring in transit such items without a special permit or without knowledge that the export, transhipment or bringing in transit of such items without a special permit is unlawful, be punished with imprisonment for a term not exceeding five years or with a fine not exceeding five million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding ten million ringgit.

(6)

A person who contravenes subsection (3) commits an offence and shall, on conviction—

(a)

in relation to strategic items or unlisted items which are arms or related material—

(i)

where the act is done with the intent to unlawfully export, tranship or bring in transit such items or with knowledge that the export, transhipment or bringing in transit of such items is unlawful—

(A)

where death is the result of the act, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years, and in the case of a body corporate, be punished with a minimum fine of thirty million ringgit; or

(B)

in any other case, be punished with imprisonment for a term not exceeding ten

Strategic Trade 19

years or with a fine not exceeding ten million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding twenty million ringgit; or

(ii)

where the act is done without the intent to unlawfully export, tranship or bring in transit such items or without knowledge that the export, transhipment or bringing in transit of such items is unlawful, be punished with imprisonment for a term not exceeding five years or with a fine not exceeding five million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding ten million ringgit; and

(b)

in relation to strategic items and unlisted items other than arms or related material—

(i)

where the act is done with the intent to unlawfully export, tranship or bring in transit such items or with knowledge that the export, transhipment or bringing in transit of such items is unlawful, be punished with imprisonment for a term not exceeding ten years or with a fine not exceeding ten million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding twenty million ringgit; or

(ii)

where the act is done without the intent to unlawfully export, tranship or bring in transit such items or without knowledge that the export, transhipment or bringing in transit of such items is unlawful, be punished with imprisonment for a term not exceeding five years or with a fine not exceeding five million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding ten million ringgit.

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(7)

This section shall not apply to the export of any document in which any strategic technology is recorded, stored or embodied, or to the transmission of such strategic technology, to the extent that the export or transmission is necessary to facilitate—

(a)

the installation, operation, maintenance or repair of any items which have been exported;

(b)

an application for a patent; or

(c)

a research in such strategic technology, the results of which have no practical application.

Provision of technical assistance

Section 10

(2)

A person who contravenes subsection (1) commits an offence and shall, on conviction —

(a)

where death is the result of the act, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years, and in the case of a body corporate, be punished with a minimum fine of thirty million ringgit; or

(b)

in any other case, be punished with imprisonment for a term not exceeding ten years or with a fine not exceeding ten million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding twenty million ringgit.

Brokering of strategic items

Section 11

(a)

he has been notified by the relevant Authority or an authorized officer that such strategic items may be intended or are likely to be used, wholly or in part, for or in connection with a restricted activity;

(b)

he knows that such strategic items are intended to be used, wholly or in part, for or in connection with a restricted activity; or

(c)

he has reasonable grounds to suspect that such strategic items are intended or are likely to be used, wholly or in part, for or in connection with a restricted activity.

(2)

A person who contravenes subsection (1) commits an offence and shall, on conviction—

(a)

in relation to strategic items which are arms or related material—

(i)

where death is the result of the act, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years, and in the case of a body corporate, be punished with a minimum fine of thirty million ringgit; or

(ii)

in any other case, be punished with imprisonment for a term not exceeding ten years or with a fine not exceeding ten million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding twenty million ringgit, or

(b)

in relation to strategic items other than arms or related material, be punished with imprisonment for a term not exceeding five years or with a fine not exceeding five million ringgit or with both, and in the case of a body

22 Laws of Malaysia corporate, be punished with a fine not exceeding ten million ringgit.

(3)

In any proceedings for an offence in respect of any strategic items referred to in paragraph (1)(c), it shall be a defence for the accused to prove that he has made all reasonable inquiries as to the use or proposed use of the items and is satisfied from such inquiries that the items will not be used for or in connection with a restricted activity.

(4)

In relation to strategic items, subsection (1) shall not apply to any person whose sole involvement is the provision of the following ancillary services:

(a)

transportation;

(b)

financial services;

(c)

insurance or re-insurance;

(d)

general advertisement; or

(e)

any other ancillary services as determined by the

Controller.

Transactions involving unlisted items and restricted activities

Section 12

(2)

Upon such notification, the relevant Authority shall decide whether or not to allow that export, transhipment or bringing in transit to proceed.

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(3)

The relevant Authority may decide to allow that export, transhipment or bringing in transit to proceed subject to the granting of a permit under this Act.

(4)

A person who contravenes subsection (1) commits an offence and shall, on conviction—

(a)

in relation to unlisted items which are arms or related material—

(i)

where the act is done with the intent to unlawfully export, tranship or bring in transit such unlisted items without a permit or with knowledge that the export, transhipment or bringing in transit of such unlisted items without a permit is unlawful—

(A)

where death is the result of the act, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years, and in the case of a body corporate, be punished with a minimum fine of thirty million ringgit; or

(B)

in any other case, be punished with imprisonment for a term not exceeding ten years or with a fine not exceeding ten million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding twenty million ringgit; or

(ii)

where the act is done without the intent to unlawfully export, tranship or bring in transit such unlisted items without a permit or without knowledge that the export, transhipment or bringing in transit of such unlisted items without a permit is unlawful, be punished with imprisonment for a term not exceeding five years or with a fine not exceeding five million ringgit or with both, and in

24 Laws of Malaysia the case of a body corporate, be punished with a fine not exceeding ten million ringgit; and

(b)

in relation to unlisted items other than arms or related material—

(i)

where the act is done with the intent to unlawfully export, tranship or bring in transit such unlisted items without a permit or with knowledge that the export, transhipment or bringing in transit of such unlisted items without a permit is unlawful, be punished with imprisonment for a term not exceeding ten years or with a fine not exceeding ten million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding twenty million ringgit; or

(ii)

where the act is done without the intent to unlawfully export, tranship or bring in transit such unlisted items without a permit or without knowledge that the export, transhipment or bringing in transit of such unlisted items without a permit is unlawful, be punished with imprisonment for a term not exceeding five years or with a fine not exceeding five million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding ten million ringgit.

Presumption as to export

Section 12A

(a)

have been cleared by a proper officer of customs at the last customs station on their route out of Malaysia;

(b)

have been loaded on to a conveyance which is about to depart from a port or place in Malaysia; or

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(c)

have been cleared by a proper officer of customs at an inland clearance depot or at an inland customs station on their route out of Malaysia through a customs port or airport.

(2)

In this section, “customs airport”, “customs port”, “inland clearance depot” and “proper officer of customs” shall have the same meaning assigned to it in the Customs Act 1967 [Act 235].

PERMIT AND REGISTRATION

Application of Act to permits and registration

Section 13

Without prejudice to the general application of the related laws, for the purpose of strategic items, unlisted items and restricted activities regulated under this Act, the relevant Authority shall deal with the permits and registration required for such strategic items, unlisted items and restricted activities in accordance with the provisions of this Act.

Section 14

Application for permit

(2)

The relevant Authority may require the applicant who made an application under subsection (1) to submit an end-use statement.

(3)

An application under this section may be withdrawn at any time before it is granted or refused.

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Additional documents or information

Section 15

(2)

If the additional documents or information required under subsection (1) are not provided by the applicant within the period specified in the notice or any extended period granted by the relevant

Authority, the application shall be deemed to be withdrawn and shall not be further proceeded with, but without affecting the right of the applicant to make a fresh application.

Grant or refusal of permit

Section 16

(2)

The relevant Authority may impose such conditions as it considers appropriate in granting the permit.

(3)

Every permit granted under subsection (1) shall set out the duration of the permit.

(4)

The conditions imposed under the permit may at any time be varied or amended by the relevant Authority provided that the holder of the permit is given a reasonable opportunity of being heard.

(5)

The decision of the relevant Authority under this section shall be communicated to the applicant by written notice as soon as practicable.

(6)

The written notice by the relevant Authority under subsection (5) shall specify—

Strategic Trade 27

(a)

in the case where the permit is granted, the fact of such grant and the conditions, if any, imposed under subsection (2); and

(b)

in the case of a refusal to grant a permit, the fact of such refusal and the reason for the refusal.

(7)

The relevant Authority may renew any permit upon application.

Suspension and revocation of permit

Section 17

(a)

the holder of the permit has failed to comply with any provisions of this Act;

(b)

the holder of the permit has failed to comply with any conditions attached to the permit;

(c)

the holder of the permit had improperly or illegally obtained the permit; or

(d)

it is necessary for national interest, national security or non-proliferation purposes, and shall notify the holder of the permit within thirty days by a notice in writing that the permit has been suspended or revoked.

(2)

A suspension or revocation under subsection (1) shall remain in force until the holder of the permit has taken measures to the satisfaction of the relevant Authority to remove the reasons for such suspension or revocation.

(3)

For the purpose of paragraph (1)(d), the determination of what amounts to national interest and national security shall be made by the

Minister and such determination shall be final and binding upon all

28 Laws of Malaysia persons and shall not be challenged, appealed against, reviewed, quashed or questioned in any court.

Unauthorized use of permit

Section 18

(2)

A person who contravenes subsection (1) commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding three years or with a fine not exceeding three million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding five million ringgit.

Registration of brokers

Section 19

(2)

An application under this section may be withdrawn at any time before it is granted or refused.

(3)

The relevant Authority may, at any time after the receipt of an application under this section and before the application is determined, by a written notice, require the applicant to provide any additional documents or information to the relevant Authority within the period specified in the notice.

(4)

If the additional documents or information required under subsection (3) are not provided by the applicant within the period specified in the notice or any extended period granted by the relevant

Authority, the application shall be deemed to be withdrawn and shall not be further proceeded with, but without affecting the right of the applicant to make a fresh application.

(5)

The relevant Authority may, after considering the application for registration and any additional documents or information provided

Strategic Trade 29

under subsection (3) and being satisfied that all the requirements have been fulfilled, register the applicant or refuse registration.

(6)

Registration under this section shall be valid for a period of one year and shall be renewable upon application.

(7)

The relevant Authority may impose such conditions as it considers appropriate in granting the registration.

(8)

The conditions imposed upon the registration may at any time be varied or amended by the relevant Authority provided that the registered broker is given a reasonable opportunity of being heard.

(9)

The decision of the relevant Authority under this section shall be communicated to the applicant by written notice as soon as practicable.

(10)

The written notice by the relevant Authority under subsection (9) shall specify—

(a)

in the case where the registration is granted, the fact of such registration and the conditions, if any, imposed under subsection (7); and

(b)

in the case of a refusal of registration, the fact of such refusal and the reason for the refusal.

(11)

The relevant Authority may, at any time, suspend or revoke a registration if—

(a)

the registered broker has failed to comply with any provisions of this Act;

(b)

the registered broker has failed to comply with any conditions attached to the registration;

(c)

the registered broker had improperly or illegally obtained the registration; or

30 Laws of Malaysia

(d)

it is necessary for national interest, national security or non-proliferation purposes, and shall notify the registered broker within thirty days by a notice in writing that the registration has been suspended or revoked.

(12)

A suspension or revocation under subsection (11) shall remain in force until the registered broker has taken measures to the satisfaction of the relevant Authority to remove the reasons for such suspension or revocation.

(13)

For the purpose of paragraph (11)(d), the determination of what amounts to national interest and national security shall be made by the

Minister and such determination shall be final and binding upon all persons and shall not be challenged, appealed against, reviewed, quashed or questioned in any court.

Disqualification for offences

Section 20

Any court before which a person is convicted of any offence under this Act in connection with the export, transhipment or bringing in transit of strategic items or unlisted items or the brokering of strategic items may order that—

(a)

such person to be disqualified from holding or obtaining a permit under this Act or from being registered as a broker under this Act for life or for such period as the court considers appropriate; and

(b)

particulars of the conviction and of any disqualification to which the convicted person has become subject shall be notified to the Controller and shall be endorsed on any permit or registration held by the offender:

Provided that, if the court considers appropriate, any disqualification imposed under this section may be limited to the export, transhipment, bringing in transit or brokering of the same class or description of strategic items or unlisted items, as the case may be, as the strategic items or unlisted items in respect of which the offence was committed.

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Suspension of permit or registration upon disqualification

Section 21

(2)

A permit or registration suspended by virtue of this section shall during the time of suspension be of no effect.

(3)

If any person who under this section is disqualified from holding or obtaining a permit applies for or obtains a permit while he is so disqualified, or if any such person while he is so disqualified exports, tranships or brings in transit any strategic items or unlisted items, or if the disqualification is limited to the export, transhipment or bringing in transit of a particular class or description of strategic items or unlisted items, exports, tranships or brings in transit any strategic items or unlisted items of that class or description, that person commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years or with a fine not exceeding ten million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding twenty million ringgit.

(4)

If any person who under this section is disqualified from holding or obtaining registration as a broker applies for or obtains such registration while he is so disqualified, or if any such person while he is so disqualified carries out any act of brokering of any strategic items, or if the disqualification is limited to the brokering of a particular class or description of strategic items, carries out an act of brokering of any strategic items of that class or description, that person commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years or with a fine not exceeding ten million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding twenty million ringgit.

(5)

A permit or registration obtained by such person disqualified as aforesaid shall be of no effect.

32 Laws of Malaysia

Application to remove disqualification

Section 22

(2)

On an application being made under subsection (1), the court may, having regard to the character of the applicant, his conduct subsequent to the conviction or order, the nature of the offence and any other circumstances, either by order remove the disqualification from such date as the court may specify in the order or reject the application.

(3)

On an application being made under subsection (1), the court shall have regard to any representations that may be made by the

Controller or any relevant Authority.

Endorsement on permit

Section 23

(2)

If any person whose permit or registration has been ordered to be endorsed applies for a permit or registration without giving particulars of the order, he commits an offence and shall, on conviction, be punished with a fine not exceeding one million ringgit or with imprisonment for a term not exceeding two years or with both, and in the case of a body corporate, be punished with a fine not exceeding two million ringgit, and any permit or registration so obtained shall be of no effect.

Strategic Trade 33

(3)

Where a court orders particulars to be endorsed on a permit or registration held by any person, or where, by a conviction or order of a court, a person is disqualified from holding or obtaining a permit or registration, the court shall send notice of the conviction or order to the

Controller and order the person to surrender the permit or registration to the Controller for the necessary endorsement.

(4)

Where pursuant to a notice of the court referred to in subsection (3), the particulars to be endorsed on the permit or registration are included in the register maintained by the Controller under this Act, the endorsement shall be deemed to have been effected.

Maintenance of documents and register

Section 24

(a)

maintain a register in such form as may be prescribed; and

(b)

keep all documents for such period as may be prescribed.

(2)

The register shall—

(a)

be kept solely for the purpose of entering such records and information as may be prescribed;

(b)

be kept up to date and in good order and condition; and

(c)

be kept for such period as may be prescribed.

(3)

The person referred to in subsection (1) shall make the register available for inspection as and when required by an authorized officer.

(4)

A person who contravenes subsection (1), (2) or (3) commits an offence and shall, on conviction, be punished with a fine not exceeding one million ringgit or with imprisonment for a term not exceeding two years or with both, and in the case of a body corporate, be punished with a fine not exceeding two million ringgit.

34 Laws of Malaysia

Registers

Section 25

(2)

The registers shall be available to the public for inspection subject to such conditions as the Controller considers appropriate.

(3)

A copy or extract of any entry in the registers duly certified by the Controller shall be given to any person requiring the copy or extract upon payment of the prescribed fee.

(4)

The registers shall be conclusive evidence if any question arises as to whether any person holds a valid permit or is a registered broker under this Act.

Authorized officer

Section 25A

The following officers shall be authorized officers for the purpose of this Act and may exercise all the powers of enforcement:

(a)

any officer of customs;

(b)

any police officer;

(c)

any officer of the Malaysian Maritime Enforcement

Agency;

(d)

any officer of the Malaysian Communications and

Multimedia Commission;

(e)

any officer of the Atomic Energy Licensing Board;

(f)

any officer of the Pharmaceutical Services Division,

Ministry of Health;

(g)

any officer of the Central Bank of Malaysia;

(h)

any officer of the Securities Commission Malaysia;

Strategic Trade 35

(i)

any officer of the Labuan Financial Services Authority; and

(j)

any other officers as determined by the Controller.

ENFORCEMENT

Application of Act for enforcement

Section 26

Without prejudice to the generality of section 3 and the application of the related laws, for the purpose of strategic items, unlisted items and restricted activities regulated under this Act, the enforcement powers provided under this Part shall be available to the authorized officers.

Section 27

Production of authority card

Every authorized officer shall declare his office and shall on demand produce to the person against whom he is acting his authority card.

Section 28

Powers of authorized officers

(a)

to receive and consider any report of the commission of an offence under this Act;

(b)

to stop, enter, board, inspect and search any place, premises, structure or conveyance and to detain any conveyance;

36 Laws of Malaysia

(c)

to recall any conveyance that has departed from any port or place in Malaysia and to detain such conveyance;

(d)

to exercise the right of hot pursuit;

(e)

to demand the production of any permit, record, certificate or other document and to inspect, make copies of or take extracts from such permit, record, certificate or other document;

(f)

to investigate any offence under this Act;

(g)

to examine and seize any strategic items or unlisted items together with any container, package, conveyance or other article in which the strategic items or unlisted items are stored, kept or found, record, book, account, document or computerized data relating to any offence under this Act;

(h)

to arrest any person that he has reason to believe has committed or is attempting to commit an offence under this Act; and

(i)

to expel any conveyance which he has reason to believe to be involved in a restricted activity or acting against national interest or national security.

(2)

Notwithstanding subsection (1), no conveyance shall be stopped, entered, boarded, searched, inspected or detained within the area of the territorial sea if the passage of the conveyance within the territorial sea is an innocent passage.

(3)

For the purpose of subsection (2), the passage of a conveyance is an innocent passage if and so long as the passage of the conveyance is not prejudicial to the peace, good order or national security of

Malaysia.

(4)

Notwithstanding any written law, for the purposes of subsection (3), the following activities shall be considered to be prejudicial to the peace, good order and national security:

Strategic Trade 37

(a)

any threat or use of force against the sovereignty, territorial integrity or political independence of Malaysia or any act which in any manner is a violation of the principles of international law;

(b)

any exercise or practice with weapons of any kind;

(c)

any act aimed at collecting information to the prejudice of the national security or defence of Malaysia;

(d)

any act of propaganda aimed at affecting the peace, national security or defence of Malaysia;

(e)

the launching, landing or taking on board of any aircraft;

(f)

the launching, landing or taking on board of any military device;

(g)

the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or health laws of Malaysia;

(h)

any act of pollution;

(i)

any fishing activities;

(j)

the carrying out of unauthorized research or survey activities;

(k)

any act aimed at interfering with any systems of communication or any other facilities or installations of

Malaysia; and

(l)

any other activity not having a direct bearing on passage.

38 Laws of Malaysia

Powers of investigation

Section 29

(2)

Without prejudice to the generality of subsection (1), for the purpose of the investigation of any offence under this Act, an authorized officer shall have all the powers which the authorized officer may exercise under any written law and the Criminal

Procedure Code [Act 593].

Search and seizure without warrant

Section 30

For the purposes of this Act, where an authorized officer has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, the authorized officer may, without warrant, enter any place, premises or conveyance and seize any strategic items or unlisted items, or any container, package, conveyance or other article in which the strategic items or unlisted items are stored, kept or found, record, book, account, document or computerized data.

Section 31

Access to places or premises

(2)

Where any authorized officer enters upon any place or premises in accordance with the provisions of this section, then—

(a)

he may require any person therein to produce any books, accounts or other documents, including computerized data, or other record, whether in print or electronic format, or items which such person is required to keep under the provisions of this Act;

Strategic Trade 39

(b)

he may examine any books, accounts or other documents, including computerized data, or other record, whether in print or electronic format, facility, apparatus, equipment, device or item and make copies of or take extracts from any such books, accounts, documents or records;

(c)

he may seize and detain any books, accounts or other documents, including computerized data, or other record, whether in print or electronic format, facility, apparatus, equipment, device or item which contains or is reasonably suspected to contain information as to any offence suspected to have been committed under this Act;

(d)

he may require any person therein or his employees to answer questions relating to—

(i)

any book, data, document or other record, or item;

(ii)

any entry in any book, data, document or other record; or

(iii)

any items;

(e)

he may require any container, envelope or other receptacle in any such place or premises to be opened;

(f)

he may at the risk and expense of any person therein open and examine any package, or any items or materials, in any such place or premises.

(3)

If, by reason of its nature, size or amount, it is not practicable to remove any items, books, accounts or other documents, including computerized data, or other record, whether in print or electronic format, seized under this section, the seizing officer shall, by any means, seal such items, books, accounts or other documents, including computerized data, or other record in the place or premises or container in which it is found.

(4)

Where the authorized officer acting under the provisions of this

Act is unable to obtain free access to any place or premises or to any

40 Laws of Malaysia container in that place or premises, he may, at any time, enter such place or premises and open such container in such manner, if necessary by force, as he may think necessary.

(5)

Where, on the entry upon any place or premises under the provisions of this Act, any strategic items or unlisted items are found in relation to which any offence has been committed, then such strategic items or unlisted items shall be liable to forfeiture.

Access to computerized data

Section 32

(2)

In this section, “access” includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the computerized data.

Power to search conveyances

Section 33

(a)

board any conveyance;

(b)

require the master of a vessel, pilot of an aircraft or person in control of any other conveyance to give such information relating to the conveyance, cargo, stores, crew, passengers or voyage as he may consider necessary;

(c)

search all parts of such conveyance for strategic items;

(d)

examine all items on board and all items then being loaded or unloaded;

(e)

demand all documents which ought to be on board such conveyance; and

Strategic Trade 41

(f)

require all or any such documents to be brought to him for inspection, and the master of a vessel, pilot of an aircraft or person in control of any other conveyance refusing to allow such authorized officer to board or search such conveyance, or refusing to give such information or to produce such documents on demand commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding three years or with a fine not exceeding one million ringgit or with both.

(2)

If any place, box or chest on board such conveyance is locked and the key withheld, the authorized officer may break open any such place, box or chest.

(3)

If any items are found concealed on board any conveyance, such items shall be deemed to be strategic items.

Use of force

Section 34

Where force is required to enter any place, premises or conveyance, the authorized officer executing the powers under this Act may use such force as is reasonable in the circumstances.

Section 35

List of items seized

Where any strategic items or unlisted items, and any container, package, conveyance or other article in which the strategic items or unlisted items are stored, kept or found, record, book, account, document or computerized data are seized, the authorized officer seizing the items shall prepare a list of the items seized and immediately deliver a copy signed by him to the owner or person in charge of the place, premises or conveyance which has been searched, or to such owner’s or person’s agent or servant, at that place, premises or conveyance.

42 Laws of Malaysia

Section 36

Power of arrest

An authorized officer may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit an offence under this Act.

Section 37

Interception of communications

(a)

to intercept, detain and open any postal article in the course of transmission by post; or

(b)

to intercept, listen to and record any communication transmitted or received by any communications.

(2)

When any person is charged with an offence under this Act relating to strategic items, unlisted items or restricted activities, any information obtained by an authorized officer in pursuance of subsection (1), whether before or after such person is charged, shall be admissible at his trial in evidence.

(3)

An authorization by the Public Prosecutor under subsection (1)

may be given either orally or in writing; but if an oral authorization is given, the Public Prosecutor shall, as soon as practicable, reduce the authorization in writing.

(4)

A certificate by the Public Prosecutor stating that the action taken by an authorized officer in pursuance of subsection (1) had been authorized by him under that subsection shall be conclusive evidence that it had been so authorized and such certificate shall be admissible in evidence without proof of signature thereof.

Strategic Trade 43

(5)

No person shall be under any duty, obligation or liability, or be in any manner compelled to disclose in any proceedings the procedure, method, manner or means, or any matter related thereto, of anything done under subsection (1).

(6)

For the purpose of this section, “postal article” has the same meaning as in the *Postal Services Act 1991 [Act 465].

Power to require attendance of person acquainted with case

Section 38

(2)

If the person fails to attend as required, the authorized officer may report the failure to a Magistrate who shall issue a warrant to secure the attendance of the person.

Examination of person acquainted with case

Section 39

(2)

The person shall during such examination, disclose all information which is within his knowledge, or which is available to him, in respect of the matter in relation to which he is being examined, and answer any question put to him truthfully and to the best of his knowledge and belief, and shall not refuse to answer any question on the ground that it tends to incriminate him.

(3)

A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been

*NOTE—The Postal Services Act 1991 [Act 465] has since been repealed by the Postal Services Act 2012

[Act 741] which come into operation on 1 April 2013-see subsection 110(1) of Act 741.

44 Laws of Malaysia read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish.

Offences with respect to information

Section 40

(2)

A person who—

(a)

furnishes or causes to be furnished to an authorized officer any false or misleading particular, information or statement in respect of any matter which such officer requires to be furnished under this Act or the related laws;

(b)

refuses to answer or gives a false answer to any question put to him by an authorized officer for the purpose of obtaining any particulars, information or statement required to be given under this Act or the related laws; or

(c)

fails or refuses to produce any document as may be required by an authorized officer, commits an offence and shall, on conviction, be punished with a fine not exceeding one million ringgit or with imprisonment for a term not exceeding two years or with both, and in the case of a body corporate, be punished with a fine not exceeding two million ringgit.

Disposal of seized strategic items and unlisted items

Section 41

The Controller shall after consultation with the Public Prosecutor, at any time he considers appropriate, order the disposal of the items, strategic items or unlisted items together with any container, package,

Strategic Trade 45

conveyance or other article in which the items, strategic items or unlisted items are stored, kept or found, record, book, account, document or computerized data seized subject to the following procedures being complied with:

(a)

an inventory specifying the description, markings and other particulars which clearly identifies the items seized has been prepared by an authorized officer;

(b)

photographs of the items seized have been taken in the presence of an authorized officer, and the said authorized officer has certified that the photographs are true; and

(c)

copies of any record, book, account, document or computerized data seized are duly certified by an authorized officer.

Admissibility of evidence

Section 42

Notwithstanding any other written law, the disposal of any item under section 41 shall not prejudice the trial of any person under this

Act provided that the disposal of the item was done in accordance with that section and the court shall admit the inventory, photographs and copies made, as the case may be, of the items seized as representing the items seized.

Section 43

Forfeiture of strategic items and unlisted items when there is no prosecution

(2)

A person asserting that he is the owner of any strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents or computerized data seized under this Act and that the strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents, or computerized data are not liable to forfeiture may personally or by his agent authorized in writing by him, give written notice to the authorized officer who made the seizure of his claim.

(3)

On receipt of the written claim under subsection (2), the authorized officer shall refer the matter to the Sessions Court for decision.

(4)

The Court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents or computerized data and the person from whom they were seized to appear before the court and upon their appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter, and on proof that an offence under this Act has been committed and that such strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents or computerized data were the subject matter of or were used in the commission of such offence, shall order that the strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents or computerized data be forfeited or may, in the absence of such proof, order the release of such strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents or computerized data to the person entitled to them.

Cost of holding strategic items and unlisted items seized

Section 44

Where any strategic items or unlisted items, or any container, package, conveyance or other article in which the strategic items or unlisted items are stored, kept or found, record, book, account, document or computerized data seized under this Act is held in the custody of the Government pending completion of any proceedings in respect of an offence under this Act, the cost of holding such strategic

Strategic Trade 47

items, unlisted items, container, package, conveyance, article, record, book, account, document or computerized data in custody shall, in the event of any person being found guilty of an offence, be a debt due to the Government by such person and shall be recoverable accordingly.

Section 45

No costs or damages arising from seizure to be recoverable

No person shall, in any proceedings before any court in respect of any items, strategic items or unlisted items, or any container, package, conveyance or other article in which the items, strategic items or unlisted items are stored, kept or found, record, book, account, document or computerized data seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.

Section 46

Obstruction of authorized officer

(2)

A person who contravenes subsection (1) commits an offence and shall, on conviction, be punished with a fine not exceeding five million ringgit or with imprisonment for a term not exceeding five years or with both.

GENERAL

Exemption

Section 47

The Minister may, by regulations, exempt—

(a)

any person or class of persons; or

48 Laws of Malaysia

(b)

any activity in respect of any items of a specified nature or description, from any provisions of this Act, subject to such conditions as may be prescribed.

Institution of prosecution

Section 48

No prosecution for or in relation to any offence under this Act relating to strategic items, unlisted items or restricted activities shall be instituted except by or with the written consent of the Public Prosecutor.

Section 49

Offences by body corporate

Where an offence against any provision of this Act has been committed by a body corporate, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity, or was in any manner or to any extent responsible for the management of any of the affairs of such body corporate, or was assisting in such management, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge, consent or connivance and that he exercised all due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

Section 50

Offences by employee or agent

Where any person would be liable under this Act to any punishment or penalty for any act, omission, neglect or default, such person shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his or of the employee of such agent, if such act, omission, neglect or default was committed by the person’s employee in the course of his employment, or by the agent when acting on behalf of the person, or

Strategic Trade 49

by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent.

Section 50A

Compounding of offences

(a)

any offence under this Act and any regulations made under the Act that may be compounded;

(b)

the criteria for compounding such offence; and

(c)

the method and procedure for compounding such offence.

(2)

The authorized officer may, with the consent in writing of the

Public Prosecutor, compound any offence committed by any person under this Act and prescribed to be a compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the authorized officer of an amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in his written offer.

(3)

An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted.

(4)

If the amount specified in the offer is not paid within the time specified in the offer or such extended time as the authorized officer may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

(5)

Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any items, strategic items and unlisted items together with any container, package, conveyance and other article in which the items, strategic items and

50 Laws of Malaysia unlisted items are stored, kept or found, record, book, account, document and computerized data seized in connection with the offence may be released or disposed by the Controller in accordance with section 41, subject to such terms as he thinks fit.

(6)

All sums of money received by the authorized officer under this section shall be paid into and form part of the Federal Consolidated Fund.

Notice for disclosure of information

Section 51

(2)

A person who receives a notice referred to in subsection (1)

shall provide the requested information and documents to the

Controller or the relevant Authority in the prescribed form and within the time specified in the notice.

(3)

A person who contravenes subsection (2) commits an offence and shall, on conviction, be punished with a fine not exceeding one million ringgit or with imprisonment for a term not exceeding two years or with both.

Information is privileged and confidential

Section 52

(2)

Notwithstanding subsection (1), the information and documents referred to in subsection (1) are not privileged or confidential if they are required to be disclosed or communicated for the purpose of national interest, national security or under any written law.

Strategic Trade 51

(3)

No person in possession of privileged or confidential information or documents shall knowingly, without the written consent of the person from whom they were obtained, communicate them or allow them to be communicated to any person, or allow any person to have access to them, except for the purpose of the enforcement of this Act.

(4)

Notwithstanding any other written laws, no person shall be required, in connection with any legal proceedings, to produce any statement or other record containing privileged or confidential information or documents, or to give evidence relating to them, unless the proceedings relate to the enforcement of this Act.

Protection of officers

Section 53

No action or prosecution shall be brought, instituted or maintained in any court against the Controller, the relevant Authority or an authorized officer for or on account of or in respect of any act ordered or done for the purpose of carrying into effect this Act if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served thereby.

Section 54

Protection of Government, etc. from liability

(2)

No authorized officer shall be liable to make good any loss sustained in respect of any strategic items or unlisted items by fire, theft, damage or other cause while such strategic items or unlisted items are in any customs warehouse or in the lawful custody or control

52 Laws of Malaysia of such authorized officer unless such loss is caused by his wilful neglect or default.

Regulations

Section 55

(2)

Without prejudice to the generality of subsection (1), regulations may be made—

(a)

to prescribe any forms for the purposes of this Act;

(b)

to prescribe any information to be furnished for the purposes of this Act;

(c)

to prescribe the procedures for the issuance of permits under this Act, including the establishment of different classes of permits for different classes of strategic items;

(d)

to prescribe the procedures for the registration of brokers under this Act, including the establishment of different classes of brokers for different classes of strategic items;

(e)

to prescribe the forms for end-use statements;

(f)

to prescribe the fees to be paid under this Act and the manner for collecting and dealing with such fees;

(g)

to prescribe the forms of registers to be kept and maintained by permit holders and registered brokers, including the particulars to be recorded in the registers;

(h)

to provide for any matter, including enforcement matters, which under this Act is required or permitted to be prescribed or which is necessary or expedient to be prescribed.

Strategic Trade 53

(3)

The regulations made under this section or any other subsidiary legislation made under this Act may prescribe for any act or omission in contravention of the regulations or subsidiary legislation to be an offence and may prescribe for penalties of a fine not exceeding one million ringgit or imprisonment for a term not exceeding five years or with both.

Amendment of Schedule

Section 56

The Minister may, by order published in the Gazette, amend the

Schedule.

Section 57

Saving and transitional

(2)

Pending the decision of the Controller or relevant Authority on the application under subsection (1), the applicant shall be deemed to be temporarily authorized to continue his activities under this Act for a period of three months from the date of commencement of this Act and no action shall be taken against him for engaging in such activity without a permit or registration during such period.

(3)

Notwithstanding subsection (2), a person authorized under this section shall for the purposes of this Act comply with the requirements, duties and obligations of a permit holder or a registered broker.

(4)

Where a permit is issued under section 16 or registration is granted under section 19 by the Controller or relevant Authority, the applicant shall immediately take the necessary action to comply with

54 Laws of Malaysia any conditions imposed on the permit or registration, as the case may require.

(5)

Where the permit or registration is refused by the Controller or relevant Authority, the applicant shall cease to be deemed to be authorized under subsection (2) from the date he is notified of the decision of the Controller or relevant Authority.

*NOTE—see section 60 of the Abolition of Mandatory Death Penalty Act 2023

[Act 846] w.e.f 4 July 2023 which provides the following provision:

“Transitional

Section 60

Upon the coming into operation of this Act, if a person is convicted by any court for the commission of an offence under subsubparagraph 9(4)(a)(i)(A), subsubparagraph 9(5)(a)(i)(A), subsubparagraph 9(6)(a)(i)(A), paragraph 10(2)(a), subparagraph 11(2)(a)(i) or subsubparagraph 12(4)(a)(i)(A) of the principal Act, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the principal Act as amended by this Act even though the offence was committed before the date of coming into operation of this Act.”.

Schedule

[Section 2]

RELATED LAWS

The written laws related to the regulation of strategic items, unlisted items and restricted activities are as follows:

1.

Animals Act 1953 [Act 647]

2.

Atomic Energy Licensing Act 1984 [Act 304]

3.

Chemical Weapons Convention Act 2005 [Act 641]

4.

Customs Act 1967 [Act 235]

5.

Pesticides Act 1974 [Act 149]

6.

Plant Quarantine Act 1976 [Act 167]

Strategic Trade 55

7.

Prevention and Control of Infectious Diseases Act 1988 [Act 342]

8.

Protection of New Plant Varieties Act 2004 [Act 634]

9.

Poisons Act 1952 [Act 366]

10. Malaysian Communications and Multimedia Commission Act 1998

[Act 589]

11. Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of

Unlawful Activities Act 2001 [Act 613]

12. Capital Markets and Services Act 2007 [Act 671]

13. Central Bank of Malaysia Act 2009 [Act 701]

14. Development Financial Institutions Act 2002 [Act 618]

15. Financial Services Act 2013 [Act 758]

16. Islamic Financial Services Act 2013 [Act 759]

17. Labuan Companies Act 1990 [Act 441]

18. Labuan Financial Services and Securities Act 2010 [Act 704]

19. Labuan Financial Services Authority Act 1996 [Act 545]

20. Labuan Foundations Act 2010 [Act 706]

21. Labuan Islamic Financial Services and Securities Act 2010 [Act 705]

22. Labuan Limited Partnerships and Limited Liability Partnerships Act 2010

[Act 707]

23. Labuan Trust Act 1996 [Act 554]

24. Money Services Business Act 2011 [Act 731]

25. Securities Commission Malaysia Act 1993 [Act 498]

26. Securities Industry (Central Depositories) Act 1991 [Act 453]

56

Act 708

LIST OF AMENDMENTS

Amending law

Short title

In force from

P.U. (A) 483/2010

Strategic

Trade

(Amendment of

Schedule) Order 2010

01-01-2011

Strategic Trade (Amendment) Act 2017

08-09-2017

P.U. (A) 13/2019

Strategic

Trade

(Amendment of

Schedule) Order 2019

15-01-2019

Act 846

Abolition of Mandatory Death Penalty

Act 2023 04-07-2023

57

Act 708

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 2

9

Act 846

‘

08-09-2017 04-07-2023

10

Act 846

08-09-2017 04-07-2023

11

Act 846

08-09-2017 04-07-2023

12

Act 846

08-09-2017 04-07-2023 12A

Act A1537 08-09-2017 14

Act A1537 08-09-2017 18

Act A1537 08-09-2017 21

Act A1537 08-09-2017 23

Act A1537 08-09-2017 24

Act A1537 08-09-2017 25A

Act A1537 08-09-2017 33

Act A1537 08-09-2017 40

Act A1537 08-09-2017 41

58 Laws of Malaysia

Section

Amending authority

In force from 45

Act A1537 08-09-2017 50A

Act A1537 08-09-2017 55

Schedule

P.U. (A) 483/2010

P.U. (A) 13/2019 01-01-2011 15-01-2019

*STRATEGIC TRADE ACT 2010

About this act

PART I

(2)

(a)

(b)

(a)

(b)

(a)

(b)

(a)

(b)

(a)

(b)

(2)

(2)

PART II

(2)

(3)

(4)

(5)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(2)

(3)

PART III

(2)

(2)

(3)

(2)

(3)

(4)

(a)

(i)

(A)

(B)

(ii)

(b)

(i)

(ii)

(5)

(a)

(i)

(A)

(B)

(ii)

(b)

(i)

(ii)

(6)

(a)

(i)

(A)

(B)

(ii)

(b)

(i)

(ii)

(7)

(a)

(b)

(c)

(2)

(a)

(b)

(a)

(b)

(c)

(2)

(a)

(i)

(ii)

(b)

(3)

(4)