Malaysia legislation
Section 11
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