Section 2

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

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

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

“export” means—

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

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—

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

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—

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

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—

to transmit the technology in Malaysia by electronic means; or

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