Section 12
Transactions involving unlisted items and restricted activities
If a person is informed by the relevant Authority or otherwise knows or has reason to believe that any unlisted item will or may be used for a restricted activity, then the person shall notify the relevant
Authority of his intention to export, tranship or bring in transit that unlisted item at least thirty days before that export, transhipment or bringing in transit is to be carried out.
(2)
Upon such notification, the relevant Authority shall decide whether or not to allow that export, transhipment or bringing in transit to proceed.
Strategic Trade 23
(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.