/akn/my/act/amendment_act/2019/A1593
The full official text, structured for quick navigation. Copy any provision or jump straight to a section.
Quick answer
CUSTOMS (AMENDMENT) ACT 2019 is Malaysia Amendment Act, cited as Amendment Act A1593 2019, currently marked in force and first recorded in 2019.
Opening note
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 the coming into operation of different provisions of this Act.
Amendment of section 2
The Customs Act 1967 [Act 235], which is referred to as the
“principal Act” in this Act, is amended in section 2—
by inserting before the definition of “agent” the following definition:
‘ “accredited person” means any person who has been approved by the Director General under section 88b;’;
4
by inserting after the definition of “aircraft” the following definition:
‘ “authorized body” means a government agency authorized under section 99b;’;
by inserting after the definition of “computer”
the following definition:
‘ “conveyance” includes any vessel, aircraft, vehicle, train, barge, pipeline, electrical grid and all other means of transportation;’;
by inserting after the definition of “customs airport” the following definitions:
‘ “customs clearance” means the completion of the relevant customs procedure to allow goods to be—
placed under another customs procedure;
“customs control” means measures applied by officers of customs before the release of goods to ensure compliance with this
Act;’;
by inserting after the definition of “customs duty”
the following definition:
‘ “customs office” means the customs administrative unit responsible for the performance of the functions and duties relating to customs, and the premises used, or other places approved, licensed or prescribed, for that purpose under this Act;’;
Customs (Amendment)
by inserting after the definition of “customs warehouse” the following definition:
‘ “declaration of origin” means an appropriate statement as to the origin of the goods in connection with their importation or exportation by the importer, producer or exporter on the commercial invoice or any documents relating to the goods;’;
by substituting for the definition of “export” the following definition:
‘ “export” means to take or cause to be taken out of Malaysia, by land, sea, air, or by any other means or to place any goods in a conveyance for the purpose of such goods being taken out of Malaysia by land, sea, air, or by any other means;’;
by substituting for the definition of “goods” the following definition:
‘ “goods” includes animals, birds, fish, plants, currency and bearer negotiable instruments and any other kinds of movable property;’;
by substituting for the definition of “import” the following definition:
‘ “import” means to bring or cause to be brought into Malaysia, by land, sea or air or by any other means;’;
by substituting for the definition of “importer”
the following definition:
‘ “importer” includes—
any owner or other person for the time being possessed of or beneficially interested in any goods at and from the time of importation thereof until such goods are duly removed from customs control; and
in relation to goods imported by means of a pipeline, the owner of the pipeline;’;
6
by inserting after the definition of “intoxicating liquor” the following definition:
‘ “issuing authority” means a body or government agency appointed under section 99c;’;
in the definition of “manufacture”, by substituting for paragraph (c) the following paragraph:
“(c) in relation to petroleum, the process of refining that include separation, conversion, purification, and blending of refinery streams or petrochemical streams; and”;
by inserting after the definition of “master” the following definitions:
‘ “Minister” means the Minister charged with the responsibility for finance;
“non-preferential certificate of origin” means a specific document identifying the goods, in which the issuing authority empowered to issue such document certifies expressly that the goods to which the certificate relates originate in Malaysia;’;
by substituting for the definition of “officer of customs” the following definition:
‘ “officer of customs” means—
any Deputy Director General of
Customs and Excise appointed under subsection 3(1);
Customs (Amendment)
any Assistant Director General, Director,
Deputy Director, Senior Assistant Director and Assistant Director of Customs and
Excise appointed under subsection 3(1);
any Senior Superintendent, Superintendent,
Chief Assistant Superintendent, Senior
Assistant Superintendent or Assistant
Superintendent of Customs and Excise appointed under subsection 3(4); and
any Chief Customs Officer, Senior
Customs Officer or Customs Officer appointed under section 4;’;
by inserting after the definition of “officer of customs” the following definition:
‘ “origin of goods”—
in relation to preferential tariff treatment, means the country in which the goods were wholly obtained, produced or regarded as having been produced according to the applicable rules of origin adopted within the framework of international or regional agreements in force; and
in relation to non-preferential tariff treatment, means Malaysia in which the goods were wholly obtained, produced or regarded as having been produced according to the rules adopted in Malaysia;’;
by substituting for the definition of “owner” the following definition:
‘ “owner”—
in respect of goods, includes any person (other than an officer of customs acting in his official capacity) being or holding himself
8
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 goods; and
in respect of any aircraft, vessel or vehicle, includes the charterer, the hirer and any person acting as an agent for the owner or who receives freight or other charges payable in respect of the aircraft, vessel or vehicle;’;
by inserting after the definition of “pilot of an aircraft” the following definitions:
‘ “postal article” means a letter, postcard, newspaper, book, document, pamphlet, pattern or sample packet, parcel, package or any other article or thing that can be transmitted, collected or delivered by post;
“preferential certificate of origin” means a specific document identifying the goods, in which the issuing authority empowered to issue such document certifies expressly that the goods to which the certificate relates originate in a specific country in accordance with the rules of origin adopted within the framework of international or regional agreements in force;
“preferential tariff treatment” means the rates of import duty published in the order made under section 11 applicable to originating goods of the exporting country in accordance with the relevant trade agreements;’;
in the definition of “preventive vessel”, by deleting the words “and includes a vessel owned and employed for the prevention of smuggling by the Government of Singapore”;
Customs (Amendment)
by inserting after the definition of “preventive vessel” the following definition:
‘ “producer” means a person who engages in the production of goods which includes the growing, cultivating, raising, mining, harvesting, fishing, trapping, hunting, capturing, collecting, breeding, extracting, aquaculture, gathering, manufacturing, processing or assembling of the goods;’;
in the definition of “prohibited goods”, by inserting after the words “section 31” the words “and any subsidiary legislation made under this Act”;
by inserting after the definition of “proper officer of customs” the following definitions:
‘ “public ruling” means the public ruling made by the Director General under section 10f;
“release” in relation to goods, means the action by the proper officer of customs to allow goods which has completed customs clearance to be placed at the disposal of the owner of such goods;’;
by substituting for the definition of “senior officer of customs” the following definition:
‘ “senior officer of customs” means—
any Deputy Director General of
Customs and Excise appointed under subsection 3(1);
any Assistant Director General, Director,
Deputy Director, Senior Assistant Director and Assistant Director of Customs and
Excise appointed under subsection 3(1);
any Senior Superintendent, Superintendent,
Chief Assistant Superintendent, Senior
Assistant Superintendent or Assistant
Superintendent of Customs and Excise appointed under subsection 3(4);
10
any officer of customs invested with the powers of a senior officer of customs under subsection 3(5) or section 5; and
any police officer having the powers of a senior officer of customs by virtue of section 8;’;
by inserting after the definition of “sufferance wharf” the following definition:
‘ “surcharge” means any charge that is due and payable under subsection 17b(2);’;
by inserting after the definition of “territorial waters” the following definitions:
‘ “transit” means the movement of goods—
from a customs office in any country to a customs office in Malaysia (including goods on transhipment) for the sole purpose of being carried out to another country;
“transhipment” means—
transferring of goods from one vessel or aircraft to another vessel or aircraft; or
unloading of goods from a vessel or aircraft and depositing such goods in a customs or licensed warehouse or in a warehouse or other place approved by the Director General, for the purpose of shipment out of Malaysia on that other vessel or aircraft within the jurisdictional area of the same customs office relating to the importation and exportation;’; and
Customs (Amendment)
by substituting for the definition of “value” the following definition:
‘ “value”—
in relation to imported goods, means customs value as determined under the regulations made under subsection 142(35b); and
in relation to goods to be exported, means the price which an exporter would receive for the goods calculated to the stage where such goods are released by Customs at the place of export;’;
by substituting for subsection (1a) the following subsection:
“ (1a) For the purposes of this Act, a free zone shall be deemed to be a place outside a principal customs area, and the provisions of section 31 and
Parts IVa, V, VI and VII of this Act shall apply to a free zone.”;
by inserting after subsection (1a) the following subsection:
“ (1b) For the purposes of subsection (1a)—
“free zone” means any area in Malaysia which has been declared by the Minister to be a free commercial zone or a free industrial zone under the Free Zones
Act 1990 [Act 438]; and
“principal customs area” means any part of
Malaysia excluding a free zone, Labuan,
Langkawi, Tioman and Pangkor”; and
12
by inserting after the words “customs or licensed warehouse,” the words “warehouse or other place approved by the Director General, petroleum supply base,”; and
by substituting for the words “any vessel, train, conveyance, aircraft, pipeline or place” the words
“any conveyance”.
Amendment of section 3
Section 3 of the principal Act is amended—
in subsection (1), by substituting for the words “Director
General of Customs and Excise and such number of
Deputy Directors General, Assistant Directors General,
Directors, Senior Assistant Directors and Assistant
Directors of Customs and Excise” the words “Director
General of Customs and Excise and such number of
Deputy Directors General, Assistant Directors General,
Directors, Deputy Directors, Senior Assistant Directors and Assistant Directors of Customs and Excise”;
by inserting after the words “Assistant Directors
General, Directors,” the words “Deputy Directors,”;
and
in subsection (4), by substituting for the words
“Superintendents and Assistant Superintendents of Customs and Excise” the words “Superintendents, Chief Assistant
Superintendents, Senior Assistant Superintendents and
Assistant Superintendents of Customs and Excise”.
Customs (Amendment)
13
Substitution of section 8
The principal Act is amended by substituting for section 8
the following section:
Quoted provision
For the purposes of this Act, all police officers not below the rank of Inspector shall have and may exercise all the powers conferred by Part XII on senior officers of customs, and all police officers below the rank of Inspector shall have and may exercise all the powers conferred by Part XII on officers of customs.”.
Amendment of Part IIa
“Powers of police officers
Part IIa of the principal Act is amended in the heading by inserting after the words “CUSTOMS RULING” the words “AND
PUBLIC RULING”.
Amendment of section 10a
Subsection 10a(1) of the principal Act is amended by inserting after paragraph (a) the following paragraph:
“(aa) the origin of goods;”.
New section 10f
The principal Act is amended by inserting after section 10e the following section:
“Public ruling 10f. (1) The Director General may, at any time, make a public ruling on the application of any provision of this Act.
The Director General may withdraw, either wholly or partly, any public ruling made under this section.”.
14
New section 11a
The principal Act is amended by inserting after section 11
the following section:
“No customs duty levied on goods bona fide in transit and transhipment 11a. For the purpose of levying of customs duties, goods bona fide in transit, including goods for transhipment, shall not be deemed to be imported unless they are or become uncustomed goods.”.
Amendment of section 14a
in the shoulder note, by substituting for the words “customs duties” the words “customs duty, etc.”;
in subsection (1) as renumbered, by substituting for the words “customs duties or any other prescribed fees or charges” the words “customs duty, surcharge, penalty, fee or other money”; and
by inserting after subsection (1) as renumbered the following subsection:
“ (2) Where a person who has been granted remission under subsection (1) has paid any of the customs duty, surcharge, penalty, fee or other money to which the remission relates, he shall be entitled to a refund of the amount of customs duty, surcharge, penalty, fee or other money which had been remitted.”.
Amendment of section 16
Section 16 of the principal Act is amended—
in the shoulder note, by substituting for the word “Return”
the word “Refund”;
Customs (Amendment)
in subsection (1) as renumbered, by substituting for the words “customs duties” the words “customs duty, surcharge, penalty, fee or other money”;
by substituting for the words “under protest under section 13b” the words “under section 13a or paragraph 99h(2)(b) or pending the result of a review under section 143 or appeal under section 141t,”; and
by substituting for the words “after the decision on classification or valuation” the words “from the date of the decision on classification, valuation, verification of origin, review or appeal”; and
by inserting after subsection (1) as renumbered the following subsection:
“ (2) A claim under subsection (1) shall be supported by such documents as required by the Director General.”.
Amendment of section 17
Section 17 of the principal Act is amended—
in paragraph (a), by substituting for the words
“any customs duties or other moneys” the words
“any customs duty, surcharge, penalty, fee or other money”;
in paragraph (b), by substituting for the words
“such customs duties or other moneys,” the words “any customs duty, surcharge, penalty, fee or other money,”;
16
by substituting for the words “such customs duties or other moneys” the words “such customs duty, surcharge, penalty, fee or other money”;
by substituting for the words “three years from the date on which customs duty was payable or deficient customs duty was paid” the words
“six years from the date on which customs duty, surcharge, penalty, fee or other money was payable or deficient customs duty, surcharge, penalty, fee or other money was paid”; and
by substituting for the words “until such customs duty” the words “until such customs duty, surcharge, penalty, fee or other money”;
by inserting after subsection (2) the following subsections:
“ (3) Nothing in subsection (1) shall prejudice the exercise of the rights and powers under this section by the Director General to seize or, subject to subsection (4), sell any goods under customs control belonging to the person liable to pay such customs duty, surcharge, penalty, fee or other money for the recovery of the amount payable under subsection (1)
or (7), or any outstanding balance thereof.
If the customs duty, surcharge, penalty, fee or other money or the deficient customs duty, surcharge, penalty, fee or other money, or the refund to be repaid remain unpaid, as the case may be, the Director General may sell such goods seized under subsection (3)—
after giving not less than thirty days’ notice in writing from the date of seizure to the person or his agent if the name and address of such owner or agent is known to the Director General; or
after giving not less than thirty days’ notice in the Gazette if the name and address of such owner or his agent is not known to the
Director General.
Customs (Amendment)
The proceeds of sale of any goods under subsection (4) shall be applied to the payment of—
the recovery of any amount or charges which may be due in respect of selling off such goods, and the surplus, if any, shall be paid to the person liable to pay the amount due under subsection (1) and if such person cannot be found within one month of the sale, such surplus shall be paid into the Consolidated Fund.
If at the sale of any goods under subsection (4)
no sufficient bid is forthcoming to defray the customs duty, surcharge, penalty, fee or other money or the deficient customs duty, surcharge, penalty, fee or other money payable or the refund erroneously paid, as the case may be, the goods shall be forfeited to the
Government and shall be disposed of in such manner as the Director General may direct.
Nothing in subsection (1) shall prevent the
Director General from making a demand at any time after six years whenever any payment of customs duty, surcharge, penalty, fee or other money is not paid or short paid due to any form of fraud or default committed by or on behalf of any person.”.
Amendment of section 17a
Section 17a of the principal Act is amended—
in the shoulder note, by substituting for the words “customs duties” the words “customs duty, etc.”;
by substituting for the words “any customs duties,”
the words “any customs duty, surcharge, penalty, fee or other money, payable under this Act,”;
18
by substituting for the words “any Director of
Immigration” the words “the Director General of Immigration”;
by substituting for the words “particulars of the duties so payable” the words “particulars of the person reasonably suspected of having committed an offence”; and
by inserting after the words “all the duties” the words “, surcharges, penalties, fees or other moneys”;
in subsection (2), by substituting for the words “any
Director of Immigration” the words “the Director General of Immigration”;
in subsection (3), by substituting for the word “on” the words “at the last known address of”;
in subsection (4), by substituting for the words “all the duties specified in the certificate” the words “all the duties, surcharges, penalties, fees or other moneys”;
and
The principal Act is amended by inserting after section 17a the following section:
“Payment by instalments 17b. (1) Where any amount is payable in accordance with subsection 17(1), the Director General may allow the amount to be paid by instalments, subject to such conditions, in such amounts and on such dates as he may determine.
If there is default in payment of any instalment under subsection (1) on its due date, the whole outstanding balance shall become due and payable on that date and shall, without any further notice being served on the person liable to pay the amount due, be subject to a surcharge equal to ten per cent of that outstanding balance and the surcharge shall be recoverable as if it was due and payable under this
Act.
Nothing in subsections (1) and (2) shall prejudice the exercise of the rights and powers under this section by the
Director General to seize or sell any goods under customs control belonging to the person liable to pay such customs duty, surcharge, penalty, fee or other money for the recovery of the amount payable under subsections (1) and (2), or any outstanding balance thereof.”.
Substitution of section 18
Customs (Amendment)
The principal Act is amended by substituting for section 18
the following section:
“Remission of import duty on goods damaged, destroyed or lost before removal from customs control
Quoted provision
If any dutiable goods are damaged, destroyed or lost due to unavoidable accident after the removal of such goods from customs control, no abatement of customs duty shall be allowed on such goods.”.
20
Substitution of section 22b
The principal Act is amended by substituting for section 22b the following section:
“Recovery of customs duty, etc., as a civil debt 22b. (1) Without prejudice to any other remedy and notwithstanding any review or appeal against any decision of the Director General under section 143, any customs duty, surcharge, penalty, fee or other money payable under this
Act, may be recovered as a civil debt due to the Government of Malaysia, or where the customs duty is a duty of a category assigned to the State by Article 112c of the Federal
Constitution, to the Government of that State.
In any proceedings to recover the customs duty, surcharge, penalty, fee or other money under subsection (1), the production of a certificate signed by the Director General—
stating that any customs duty, surcharge, penalty, fee or other money and the amount shown in the certificate as payable, in any assessment or notice made under this Act from a person named in the certificate; and
giving the address of the person and purporting to be a copy of or an extract from any notice of assessment, shall be conclusive evidence of the customs duty, surcharge, penalty, fee or other money and the amount as payable in any assessment or notice and shall be sufficient authority for the court to give judgement for that amount.
Any penalty imposed under this Act shall, for the purposes of this Act and the Limitation Act 1953 [Act 254], the Limitation
Ordinance of Sabah [Sabah Cap. 72] or the Limitation Ordinance of Sarawak [Swk. Cap 49], as the case may be, be recoverable as if the penalty were customs duty due and payable under this
Act and accordingly subsection 6(4) of the Limitation Act 1953, section 3 of the Limitation Ordinance of Sabah or section 3 of the Limitation Ordinance of Sarawak, as the case may require, shall not apply to that penalty.”.
Customs (Amendment)
21
Amendment of section 22c
Section 22c of the principal Act is amended—
by inserting after the words “Where any customs duty”
the words “, surcharge, penalty, fee or other money”;
by inserting after the words “liable for the customs duty”
the words “, surcharge, penalty, fee or other money”;
and
in the proviso, by inserting after the words “having priority over the customs duty” the words “, surcharge, penalty, fee or other money”.
Amendment of section 24
Section 24 of the principal Act is amended by inserting after the words “cleared at” the words “such customs airport,”.
Amendment of section 29
Section 29 of the principal Act is amended by inserting after the words “cleared at” the words “such customs airport,”.
Amendment of section 29a
by inserting after subsection (1) as renumbered the following subsections:
“ (2) Goods imported by means of a pipeline shall be treated as imported at the time when they are brought—
Goods exported by means of a pipeline shall be treated as exported at the time when the goods are loaded from a pipeline into another conveyance for exportation.”.
New section 29b
The principal Act is amended by inserting after section 29a the following section:
“Importation or exportation by other means 29b. No goods shall be imported or exported by other means except as approved by the Director General subject to such conditions as he deems fit.”.
Substitution of section 34
The principal Act is amended by substituting for section 34
the following section:
Quoted provision
Where any security has been required to be given under subsection (1), no person shall move goods under customs control unless such security has been given.”.
Customs (Amendment)
23
New Part IVa
“Power of Director General to require security
The principal Act is amended by inserting after Part IV the following Part:
“PART IVa
TRANSIT AND TRANSHIPMENT
Transits allowed 35a. (1) Subject to the provisions of this Part, the following transits are allowed:
on board a vessel, aircraft, vehicle or a railway carriage to be transported through
Malaysia from the place of import in
Malaysia whether the goods were unloaded or not from the vessel, aircraft, vehicle or railway carriage to a place of exit from where the goods are to be taken out from
Malaysia; or
on board a vessel, aircraft, vehicle or railway to be transported through Malaysia from the place of import in Malaysia to a place under customs control;
movement of goods from a place under customs control to a place of exit in Malaysia for the purpose of export; and
movement of goods under customs control from a place to another place in Malaysia.
The payment of customs duties for the imported or exported goods which moved in transit under subsection (1)
may be temporarily suspended subject to such conditions as determined by the Director General.
24
Commencement and completion of transit procedure 35b. (1) Subject to subsection (4), the transit procedure commences when the goods are cleared for transit and completes when such goods are cleared and released for another customs procedure approved by the proper officer of customs or for home consumption.
Goods moved under the transit procedure shall reach the destination point as indicated in the declaration, and be exported within the period as determined by the
Director General.
Notwithstanding subsections (1) and (2), the transit procedure, in relation to any goods, ends before its completion if it is interrupted by any of the following circumstances:
released for home consumption not according to the approval given by the proper officer of customs;
released for export not according to the approval given by the proper officer of customs; or
Without prejudice to any proceedings under this Act, where any dutiable goods moved under transit procedure ends before its completion as a result of the circumstances under
Customs (Amendment)
25
subsection (3), the owner of the goods or his agent shall be liable to pay the duty leviable on such dutiable goods and any security furnished under this Act may be forfeited and paid into the Consolidated Fund.
Any person who contravenes subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Safeguard against any unauthorized interference with goods in transit 35c. (1) The Director General may require the owner of the goods to take the necessary measures to safeguard against any unauthorized interference with goods in transit.
Any person who fails to comply with the request made by the Director General under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Determination of customs ports and airports for transit 35d. (1) The Director General may determine—
the customs ports and airports where goods may be off-loaded from vessels or aircraft for transit; or
the customs ports and airports where goods may be loaded on board vessels or aircrafts for export from
Malaysia under the transit procedure.
No person shall load or off-load goods for transit except at the customs port or airport as determined under subsection (1).
Any person who contravenes subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
26
Determination on routes for transit 35e. (1) The Director General may determine the routes, by road or railway, over which goods may be transported under the transit procedures.
No person shall transport goods for the purpose of transit operation over a road or railway route other than a route determined under subsection (1).
Any person who contravenes subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Persons entitled to submit declaration for transit 35f. The following persons are entitled to submit declarations and supporting documents to clear goods for the purpose of transit:
the licensed carrier or any other person as approved by the Director General under subsection 35g(2);
or
a customs agent.
Movement of goods in transit 35g. (1) Subject to subsection (2), no goods shall be moved in transit (including transhipment) by road except by a licensed carrier.
The Director General may, in special circumstances and subject to such conditions as determined by him, approve any person other than a licensed carrier to move goods in transit and transhipment.
Customs (Amendment)
Any person who contravenes subsection (1) or the conditions under subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Licensed carrier 35h. (1) The Director General may grant a licence to any person to act as a licensed carrier subject to such terms and conditions as he may deem fit and he may suspend or withdraw such licence.
In granting a licence under subsection (1), the Director
General may require such security to be furnished as he may consider adequate to cover the customs duty payable on the goods moved and for the faithful and incorrupt conduct of such licensed carrier and of the licensed carrier’s agents and employees acting for the licensed carrier both as regards to the customs and the licensed carrier’s employers.
The licensed carrier who carries out the transit or transhipment operation shall ensure such operation is carried out and completed in accordance with this Act and the necessary measures required by the Director General under subsection 35c(1) or 35k(1).
If the licensed carrier who carries out the transit or transhipment operation is not the person who submits the declaration or other document for such operation, the licensed carrier and the person who submits the declaration shall be jointly and severally liable for the customs duty due and payable and the obligation referred to in subsection (3).
If the licensed carrier who carries out the transit or transhipment operation is the person who has subcontracted the transport of the goods to another carrier, the licensed carrier and the other carrier shall be jointly and severally liable for the customs duty due and payable and the obligation referred to in subsection (3).
28
Any person who contravenes subsection (3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Transhipment goods to be deposited in warehouse 35i. (1) Goods arriving in Malaysia for transhipment and landed at a customs port or airport to await the arrival of the vessel or aircraft to which they are intended to be transhipped shall, if they are dutiable or prohibited on import or export, as the case may be, or belong to a class of such goods, be deposited in a customs or licensed warehouse, or a warehouse or other place approved by the Director General, until such goods are loaded on board the vessel or aircraft and transported out of Malaysia.
The owner or agent of the goods for transhipment is liable to any storage charges, handling charges, warehouse rental and other charges at the rates applicable to such goods or, if such rates are not prescribed, at the prescribed rates applicable to such goods prior to transportation out of Malaysia.
No goods for transhipment may be moved between two or more places under customs control at the customs port or airport where the goods were off-loaded without the prior permission of the proper officer of customs.
The Director General may exempt any particular goods from the operation of this section.
Any person who contravenes subsection (1) or (3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Commencement and completion of transhipment procedures 35j. (1) Subject to the provisions of this Part, the Director
General may allow any goods imported to be moved under transhipment procedure subject to such conditions as determined by the Director General.
Customs (Amendment)
The transhipment procedure commences when the goods are cleared for transhipment and completes when such goods are cleared for export.
Notwithstanding subsection (2), the transhipment procedure, in relation to any goods, ends before its completion if it is interrupted by any of the following circumstances:
released for home consumption not according to the approval given by the proper officer of customs;
released for export not according to the approval given by the proper officer of customs; or
Without prejudice to any proceedings under this Act, where any dutiable goods moved under transhipment ends before its completion as a result of the circumstances under subsection (3), the owner of the goods or his agent shall be liable to pay the duty leviable on such dutiable goods and any security furnished under this Act may be forfeited and paid into the Consolidated Fund.
Safeguard against any unauthorized interference with goods under transhipment 35k. (1) The Director General may require the owner of the goods to take the necessary measures to safeguard against any unauthorized interference with goods under transhipment.
30
Any person who contravenes the request made by the Director General under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Non-compliance with completion periods 35l. (1) If—
transhipment procedure does not commence or is not completed in accordance with subsection 35j(2); or
transhipment goods loaded on board the vessel or aircraft to be transported out of Malaysia are not exported in accordance with subsection 35j(2), the licensee of the licensed warehouse, or warehouse or other place approved by the Director General, or the master of the vessel or the pilot of the aircraft on board of which the goods were to be loaded for export, as the case may be, shall—
immediately notify the proper officer of customs of the delay, and the reasons for the delay; and
thereafter notify the proper officer of customs regularly, of the situation with regard to the commencement and completion of the transhipment procedure.
Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Delivery of goods for transhipment for loading on board outgoing vessel or aircraft 35m. (1) The master of a vessel or pilot of an aircraft or the agent of the vessel or aircraft under Part VII reporting the arrival of transhipment goods shall ensure that the goods are to be loaded on board the vessel or aircraft and be transported out of Malaysia at the customs port or airport to which the transhipment goods are intended to be transhipped under section 35i.
Customs (Amendment)
Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Responsibilities of licensee, owner or person handling goods for transhipment 35n. (1) Where goods are deposited under section 35i, the licensee of the licensed warehouse, or warehouse or other place approved by the Director General, the owner or the person handling such goods for transhipment, shall keep such records of the receipt, handling, storage and delivery of the goods as may be determined by the Director General.
The licensee, owner or person handling such goods for transhipment referred to in subsection (1) shall—
within two hours after the goods have been loaded on board such vessel or aircraft, submit to the proper officer of customs a certified statement in relation to the removal of the goods from the licensed warehouse, or warehouse or other place approved by the Director General; and
immediately notify the proper officer of customs if the goods are removed from the licensed warehouse, or warehouse or other place approved by the Director
General, for the purposes other than the loading of the goods on board such vessel or aircraft.
The certified statement submitted under paragraph (2)(a)
shall—
The certified statement submitted under paragraph (2)(a)
shall be submitted electronically unless approved otherwise by the Director General.
32
shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.”.
Amendment of section 36
Subsection 36(3) of the principal Act is amended by substituting for the words “one thousand ringgit” the words “fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both”.
Amendment of section 37
Subsection 37(3) of the principal Act is amended by substituting for the words “one thousand ringgit” the words “fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both”.
Amendment of section 38
in the shoulder note, by substituting for the words “Master to attend and answer questions when applying for port clearance, and deliver documents” the words
“Port clearance before departure”;
in subsection (1), by deleting the words “shall attend before the proper officer of customs, and”; and
in subsection (2), by deleting the words “complete, sign and”.
Amendment of section 44
Subsection 44(3) of the principal Act is amended by substituting for the words “shall be liable on conviction before a Magistrate of the First Class to a fine of two thousand ringgit and to imprisonment for a term of twelve months” the words “shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both”.
Customs (Amendment)
33
Amendment of section 48
Section 48 of the principal Act is amended by inserting after subsection (3) the following subsection:
“ (4) Any person who contravenes subsection 48(1) shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand ringgit or to both.”.
Amendment of section 49
Section 49 of the principal Act is amended by inserting after subsection (3) the following subsection:
“ (4) Any person who contravenes subsection 49(1) or (3)
shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand ringgit or to both.”.
Substitution of section 52
The principal Act is amended by substituting for section 52
the following section:
Quoted provision
The manifest under subsection (1) shall contain—
a complete list of the whole cargo which remains on board, intended to be landed and to be transhipped at the customs port; and
The manifest shall list all particulars as to marks, numbers, contents of each package of the cargo, destination, together with the names of shippers and consignees of the cargo.
Any person who contravenes subsection (1), (2) or (3)
shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand ringgit or to both.
For the purpose of this section, “agent of every vessel”
includes a freight forwarder.”.
Deletion of section 53
“Master or agent of arriving vessel to present complete manifest
The principal Act is amended by deleting section 53.
Substitution of section 54
The principal Act is amended by substituting for section 54
the following section:
Quoted provision
No cargo shall be landed or delivered to the importer or consignee, or his agent, except with the permission of the proper officer of customs.”.
Customs (Amendment)
35
Amendment of section 55
“Person in charge of local craft to make declaration on arrival
by substituting for the words “two months” the words “one month”; and
by inserting after subsection (1) the following subsection:
“ (1a) The proper officer of customs may refuse to accept any alteration made in the manifest after being notified that investigation into any offence under any written law has commenced in connection with the goods to which the manifest relates.”;
by substituting for the words “two months” the words “one month”;
by substituting for the words “five hundred ringgit”
the words “five thousand ringgit”; and
by substituting for the words “two thousand ringgit” the words “ten thousand ringgit”; and
by inserting after subsection (3) the following subsection:
“ (4) For the purpose of this section, “agent of the vessel” includes a freight forwarder.”.
Substitution of section 56
The principal Act is amended by substituting for section 56
the following section:
Quoted provision
The manifest under subsection (1) shall contain—
a complete list of the whole cargo which remains on board, intended to be landed and to be transhipped at the customs airport;
The manifest shall list all particulars as to marks, numbers, contents of each package of the cargo, destination, together with the names of shippers and consignees of the cargo.
Any person who contravenes subsection (1), (2) or (3)
shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand ringgit or to both.
For the purpose of this section, “agent of every aircraft”
includes a freight forwarder.”.
Amendment of section 57
“Pilot or agent of arriving aircraft to present complete manifest
by substituting for the words “within seven days of the departure of such vessel, present to the proper officer of customs at the customs office” the words “not less than twenty-four hours before the departure of such vessel or such period as the Director General may determine, whichever is lesser, present to the proper officer of customs”; and
by substituting for the words “substantially in the prescribed form, certified by such owner or agent, together with a duplicate copy thereof,” the words “in the prescribed form and certified by such owner or agent,”.
Customs (Amendment)
37
Amendment of section 58
Section 58 of the principal Act is amended—
in subsection (1) as renumbered, by substituting for the words “such vessel, attend in person at the customs office, and make a written or oral declaration in the prescribed form or manner of all cargo shipped on board his vessel and the port or ports of destination of such cargo,” the words “such local craft, make a declaration in the prescribed form of all cargo shipped on board his local craft and the port or ports of destination of such cargo to the proper officer of customs,”; and
by inserting after subsection (1) as renumbered the following subsection:
“ (2) No cargo shall be loaded into the local craft except with the permission of the proper officer of customs.”.
Amendment of section 59
Section 59 of the principal Act is amended—
by substituting for the words “before the departure of such aircraft, present to the proper officer of customs at the customs office” the words “not less than two hours before the departure of such aircraft or such period as the Director General may determine, whichever is lesser, present to the proper officer of customs”; and
by substituting for the words “substantially in the prescribed form, certified by such pilot or agent, together with a duplicate copy thereof,” the words “in the prescribed form and certified by such pilot or agent,”.
38
Amendment of section 60
Section 60 of the principal Act is amended—
by substituting for the words “to which dutiable goods are consigned, shall on demand produce”
the words “to which goods are consigned, shall produce”; and
by inserting after the word “waybill” the words
“or any other document approved by the Director
General”; and
by inserting after subsection (1) as renumbered the following subsection:
“ (2) No cargo shall be loaded into or unloaded off the train except with the permission of the proper officer of customs.”.
Amendment of section 65
Section 65 of the principal Act is amended—
by substituting for the words “at his absolute discretion, on payment of such fees as may be fixed by him in each case,” the words “on payment of such fees as may be prescribed,”; and
by inserting after subsection (1) the following subsection:
“ (1a) The Director General may allow goods, other than goods liable to customs duty, to be kept in the licensed warehouse subject to such conditions he deems fit.”; and
Customs (Amendment)
by inserting after subsection (4) the following subsections:
“ (5) Goods deposited in a licensed warehouse shall be cleared within two years from the date of deposit or such further period as the Director General may approve.”.
Amendment of section 65a
Section 65a of the principal Act is amended—
by substituting for the words “In respect of warehouse licensed under section 65, the Director
General may, at his absolute discretion,” the words “The Director General may,”;
by substituting for the words “grant an additional licence to the licensee” the words “grant a licence to any person”; and
by inserting after subsection (1) the following subsection;
“ (1a) A licence under subsection (1) shall be deemed to include a licence for warehousing goods as provided under section 65.”;
in paragraph (a), by substituting for the word
“warehouse” the words “licensed manufacturing warehouse”; and
in paragraph (b), by substituting for the word
“warehouse” the words “licensed manufacturing warehouse”; and
The principal Act is amended by inserting after section 65a the following sections:
“Remission on waste or refuse from goods undergoing process 65aa. (1) Where in the course of carrying out any activities approved under subsection 65a(1) there is waste or refuse, the customs duty may be remitted on the quantity of goods liable to the customs duty in so much of the waste or refuse as has arisen from the activities carried out in relation to the goods which have undergone any process.
If the customs duty is remitted under subsection (1), the Director General shall direct the waste or refuse to be destroyed subject to such conditions as the Director General deems fit.
If no remission is granted under subsection (1), the
Director General shall require customs duty to be paid on such waste or refuse as if it had been imported in that form.
Deficiency in quantity of dutiable goods at licensed manufacturing warehouse 65ab. (1) If it appears at any time that in any licensed manufacturing warehouse there is a deficiency in the quantity of dutiable goods which ought to be found therein, the licensee of such licensed manufacturing warehouse shall—
in the absence of proof to the contrary, be presumed to have illegally removed such goods; and
without prejudice to any proceedings under this
Act, be liable to pay to the proper officer of customs the customs duty leviable on the goods found deficient.
Customs (Amendment)
Notwithstanding subsection (1), if it is shown to the satisfaction of the Director General that such deficiency has been caused by any unavoidable leakage, breakage or other accident, the Director General may remit the whole or any part of the customs duty leviable on the goods found deficient.
Licensee to provide customs office and facilities 65ac. The licensee of a licensed warehouse shall provide appropriate customs office and facilities within or at the perimeter of the licensed warehouse at the expense of the licensee.”.
Amendment of section 65b
Section 65b of the principal Act is amended—
in subsection (1), by substituting for the words “a licensed manufacturer” the words “licensed under this Part,”;
by inserting after the words “subsection (1)” the words “or (2b)”; and
by substituting for the words “ten thousand ringgit” the words “fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both”; and
by inserting after subsection (2a) the following subsection:
“ (2b) A liquidator shall furnish all relevant documents, books and records which are in his possession to the proper officer of customs for the purpose of calculating all duties payable under this Act.”.
42
Amendment of section 65c
Section 65c of the principal Act is amended—
by substituting for the words “the property of a licensed manufacturer” the words “the property of a licensee under this Part”;
by substituting for the words “assets of the licensed manufacturer” the words “assets of the licensee”; and
by substituting for the words “or manufactured by the licensed manufacturer” the words “by the licensee”;
by inserting after the words “subsection (1)” the words “or (2b)”; and
by substituting for the words “ten thousand ringgit” the words “fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both”; and
by inserting after subsection (2a) the following subsection:
“ (2b) A receiver shall furnish all relevant documents, books and records which are in his possession to the proper officer of customs for the purpose of calculating all duties payable under the Act.”.
Amendment of section 65d
Subsection 65d(1) of the principal Act is amended—
by substituting for the words “may suspend or withdraw”
the words “may withdraw, suspend or cancel”.
Customs (Amendment)
43
Amendment of section 65e
Subsection 65e(1) of the principal Act is amended—
by substituting for the words “may suspend or withdraw”
the words “may withdraw, suspend or cancel”.
New section 65f
The principal Act is amended by inserting after section 65e the following section:
“Deposit of goods in a warehouse or other place approved by the Director General 65f. (1) The Director General may approve any warehouse, not being a customs or licensed warehouse, or other place to be deposited with dutiable goods, and when granted may withdraw, suspend or cancel such approval.
Any such approval shall be for such period and subject to such conditions as the Director General in each case may specify in the approval.”.
Substitution of section 66
The principal Act is amended by substituting for section 66
the following section:
Quoted provision
the customs duty payable, if any, has been paid in accordance with section 78a;
44
the goods have been approved for movement in transit and the payment for customs duty has been suspended under section 35a;
the goods have been approved for transhipment and the goods are for immediate off-loading to another vessel;
the goods are imported by road or by sea where there is no customs or licensed warehouse, or warehouse or other place approved by the Director General at the place of import; or
the goods are personal effects carried or brought by passengers in any baggage.
Notwithstanding subsection (1), prohibited goods which are subject to certain conditions may be deposited in a customs or licensed warehouse or in a warehouse or other place approved by the Director General if the goods are accompanied by any licence, permit or approval required under any written law and the licence, permit or approval is produced to the proper officer of customs.
If the Director General deems it necessary for the purposes of public interest that any goods imported are to be warehoused, the Director General may require the goods to be deposited in a customs or licensed warehouse or in a warehouse or other place approved by the Director General.
The goods deposited under subsection (3) shall—
Subsection (1) shall not be applicable to goods entering a principal customs area by road, sea or air from a free zone.
Customs (Amendment)
Notwithstanding subsection (5), the goods referred to in that subsection shall not be released from customs control unless—
the customs duty payable, if any, has been paid in accordance with section 78a; or
the goods have been approved for movement in transit and the payment for customs duty has been suspended under section 35a.”.
Amendment of section 68
“Depositing goods into warehouse
Section 68 of the principal Act is amended by inserting after the words “any customs or licensed warehouse” the words “or in a warehouse or other place approved by the Director General”.
Amendment of section 74
Section 74 of the principal Act is amended by substituting for subsection (7) the following subsection:
“ (7) Every auction sale shall be conducted—
electronically in the manner to be determined by the
Director General.”.
Amendment of section 75
Section 75 of the principal Act is amended—
by substituting for paragraph (b) the following paragraph:
“(b) if such goods are in a customs or licensed warehouse, a warehouse or other place approved by the
Director General, or a petroleum supply base under such conditions as the Director General may impose, for transit to another customs or licensed warehouse, warehouse or other place approved by the Director General, or a petroleum supply base;”;
46
by substituting for the words “or any other warehouse”
the words “, or warehouse or other place”; and
in the proviso, by substituting for the words “in a licensed warehouse may be removed therefrom” the words “may be removed from the customs or licensed warehouse or the warehouse or other place approved by the Director
General”.
Deletion of section 76
The principal Act is amended by deleting section 76.
New Part VIIIa
The principal Act is amended by inserting after section 77
the following Part:
“PART VIIIa
PETROLEUM SUPPLY BASE
Interpretation 77a.
For the purpose of this Part, unless the context otherwise requires—
“licensee” means any person licensed under section 77b;
“petroleum supply base” means an area licensed under section 77b.
Licensing of petroleum supply base 77b. (1) The Director General may, on payment of such fees as prescribed, issue a licence to any person to manage and administer a petroleum supply base and to carry out activities in the petroleum supply base as approved by the
Director General.
The licence issued under subsection (1)—
shall be for such period and subject to such conditions as the Director General may specify in the licence;
and
The licensee shall, for the proper conduct of his business, furnish such security as may be required by the
Director General.
The licensee shall provide appropriate customs office and facilities within or at the perimeter of the petroleum supply base at the expense of the licensee.
Release of goods from petroleum supply base 77c. (1) No goods which have undergone any process in the petroleum supply base may be released for home consumption or export without the prior approval of the
Director General.
Subject to section 77e, if the goods referred to in subsection (1) are released from the petroleum supply base for home consumption, the customs duty on such goods shall be calculated on the basis as if such goods had been imported.
Exemption from a payment of customs duty 77d. Notwithstanding subsection 77c(2), the Minister may in any particular case exempt any person from the payment of the whole or part of such customs duty which may be payable by such person on such goods subject to such conditions as the Minister deems fit.
48
Remission of customs duty 77e. (1) Where in the course of carrying out any activities approved under subsection 77b(1) there is waste or refuse, the customs duty may be remitted on the quantity of goods liable to the customs duty in so much of the waste or refuse as has arisen from the activities carried out in relation to the goods which have undergone any process.
If the customs duty is remitted under subsection (1), the Director General shall direct the waste or refuse to be destroyed subject to such conditions as the Director General deems fit.
If no remission is granted under subsection (1), the
Director General shall require customs duty to be paid on such waste or refuse as if it had been imported in that form.
Deficiency in quantity of dutiable goods at petroleum supply base 77f. (1) If it appears at any time that in any petroleum supply base there is a deficiency in the quantity of dutiable goods which ought to be found therein, the owner of the goods or the occupier of the premises shall—
in the absence of proof to the contrary, be presumed to have illegally removed such goods; and
without prejudice to any proceedings under this Act, be liable to pay to the proper officer of customs the customs duty leviable on the goods found deficient.
Notwithstanding subsection (1), if it is shown to the satisfaction of the Director General that such deficiency has been caused by unavoidable leakage, breakage or other accident, the Director General may remit the whole or any part of the customs duty leviable on the goods found deficient.”.
Customs (Amendment)
49
Amendment of Part IX
Customs (Amendment)
by inserting before section 87a the subheading of “C —
General Provisions”; and
by deleting after section 87a the subheading “C — General
Provisions”.
Substitution of section 78
The principal Act is amended by substituting for section 78
the following section:
Quoted provision
in the case of goods deposited in the customs or licensed warehouse, or warehouse or other place approved by the Director General referred to under subsection 66(1) or (3), within a period of one month from the date of the arrival or landing of such goods before the removal of such goods or any part of the goods from customs control;
in the case of goods not deposited in the customs or licensed warehouse, or warehouse or other place approved by the Director General referred to under subsection 66(1) or (3), upon arrival or landing of such goods at a place of import; or
in the case of goods entering the principal customs area from a free zone, upon arrival of such goods at the principal customs area.
50
Notwithstanding subsection (1), the proper officer of customs may, by notice in writing, require such declaration to be submitted within three days from the date of such notice.
In the case of goods imported by post, the declaration shall be made by the addressee or by his agent on demand by the proper officer of customs.”.
New sections 78a, 78b and 78c
“Declaration of dutiable goods on import
The principal Act is amended by inserting after section 78
the following sections:
“Payment of duties of imported goods 78a. The customs duties and other charges leviable on goods imported shall be paid by the importer of the goods—
in the case of goods referred to in paragraph 78(1)(a), within fourteen days from the date of declaration being approved by the proper officer of customs except for goods in transit;
in the case of goods referred to in paragraph 78(1)(b), forthwith upon the arrival of such goods;
in the case of goods referred to in paragraph 78(1)(c), forthwith upon the arrival of such goods; and
in the case of goods referred to in subsection 78(3), within fourteen days from the date of the declaration being approved by the proper officer of customs.
Declaration of dutiable goods before arrival 78b. (1) Notwithstanding section 78, any importer of dutiable goods may make a declaration, personally or by his agent, to the proper officer of customs before arrival of the goods to be imported subject to such conditions as determined by the Director General.
Customs (Amendment)
The importer of the dutiable goods shall pay the customs duties and other charges leviable on such goods within fourteen days from the date of the declaration being approved by the proper officer of customs.
Abandoned goods 78c. (1) Any imported goods which are not declared according to section 78 shall be deemed to be abandoned and the
Director General may destroy or dispose of such goods in any manner as he deems fit.
Any proceeds from the disposal of the goods under subsection (1) shall be applied to the payment of customs duties or other moneys, or recovery of any amount or charges which may be due in respect of the disposal of such goods.
Any surplus of the proceeds referred to under subsection (2), if any, shall be paid—
into the Consolidated Fund, if the importer cannot be found within one month of the disposal.”.
Amendment of section 79
Section 79 of the principal Act is amended—
by substituting for the semicolon after the words
“origin of such goods” a full stop; and
Subsection 80(1) of the principal Act is amended—
in paragraph (b), by inserting after the semicolon at the end of the paragraph the word “and”;
in paragraph (c), by inserting after the words “charge leviable thereon” the words “, if any,”; and
Section 87 of the principal Act is amended—
by substituting for the words “the particulars for which provision is made in the respective prescribed forms:”
the words “the number and description of packages, of the description, weight, measure or quantity, and value of all goods, and of the country of origin of such goods.”;
and
The principal Act is amended by substituting for section 87a the following section:
“Provisional declaration 87a. (1) Notwithstanding sections 78, 78b, 80, 81, 82, 83,
84, 85 and 86, the proper officer of customs may, upon a written application by the importer or exporter, allow a provisional declaration if—
the necessary documents or information on such goods cannot be produced or furnished at the time of import;
Customs (Amendment)
the necessary documents or information on such goods cannot be produced or furnished at the time of declaration; or
Notwithstanding subsection (1), a provisional declaration shall not be allowed if the goods are subject to any prohibition.
Any goods declared under subsection (1) may be released from customs control subject to—
the payment of sufficient security as required by the proper officer of customs not exceeding the amount of duty provisionally assessed; and
the giving of an undertaking to submit a full and correct declaration within—
two months or such further period as the proper officer of customs may allow for imported goods; or
five days from the date the goods have been released for export or such further period as may be approved by the Director
General.
54
On the submission of a full and correct declaration within the time specified under paragraph (3)(c)—
the proper amount of customs duty and other charges leviable shall be assessed by the proper officer of customs; and
any money paid and secured in excess of such amount of customs duty assessed shall be returned to the importer or exporter or his agent.
If the submission of a full and correct declaration is not made within the time specified under paragraph (3)(c), the security referred to in paragraph (3)(b) shall be forfeited and paid into the Consolidated Fund.”.
New sections 88a and 88b
The principal Act is amended by inserting after section 88
the following sections:
“Deferred payment 88a. (1) The Director General may, subject to such terms and conditions as he deems fit, approve any person to defer the payment of customs duty due and payable under sections 78a and 80, and for such purpose determine the due date for the customs duty to be paid.
The Director General may suspend or withdraw such approval or vary any of the terms or conditions under which the approval was given and vary the due date on which the customs duty is to be paid.
Any person who fails to pay to the Director General the amount of customs duty due and payable on the due date under subsection (1) or (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Customs (Amendment)
55
Simplified procedures for accredited person 88b. (1) The Director General may approve any person to be an accredited person to benefit from simplified procedures for customs clearance as determined by the Director General subject to such terms and conditions as he deems fit to impose.
The Director General may suspend or withdraw the approval granted under subsection (1) or vary or revoke the terms and conditions.”.
Deletion of section 91a
The principal Act is amended by deleting section 91a.
Amendment of section 92
in the shoulder note, by substituting for the words “in duplicate” the words “in copies”; and
by substituting for the words “in duplicate or in such other number of copies as the person,” the words “in such number of copies as the proper officer of customs,”.
Amendment of Part X
The heading of Part X of the principal Act is amended by substituting for the word “DRAWBACK” the words “REFUND
AND DRAWBACK OF DUTY”.
Amendment of section 93
by deleting the words “section 95 and”;
56
in paragraph (b), by substituting for the words
“fifty ringgit” the words “two hundred ringgit”; and
in paragraph (c), by substituting for the words
“twelve months” the words “three months”; and
in subsection (2), by deleting the words “, or at the rate of customs duty leviable on goods of a like description at the time of re-export of the goods, whichever is the lower”.
Amendment of section 94
Section 94 of the principal Act is amended—
by deleting the words “, where goods of a like description are liable to customs duty.”.
Deletion of section 95
The principal Act is amended by deleting section 95.
Amendment of section 97
Section 97 of the principal Act is amended by substituting for the words “home use” the words “home consumption”.
Amendment of section 99
The principal Act is amended by inserting after section 99
the following section:
“Offsetting of drawback or refund against amount owing 99a. Notwithstanding any provision of this Act, where any person has failed to pay, in whole or in part—
any amount of customs duty or any surcharge accruing, or any penalty, fee or other money payable under this Act;
any amount of excise duty or any surcharge accruing, or any penalty, fee or other money payable under
Excise Act 1976;
any amount of sales tax due and payable, any surcharge accruing, or any penalty or other money payable under the Sales Tax Act 1972 [Act 64];
any amount of service tax due and payable, any surcharge accruing, or any penalty or other money payable under the Service Tax Act 1975 [Act 151];
any amount of good and services tax due and payable, any surcharge accruing, or any penalty or other money payable under the Goods and Services Tax
Act 2014 [Act 762];
any amount of sales tax due and payable, any surcharge accruing, or any penalty, fee or other money payable under the Sales Tax Act 2018 [Act 806]; or
any amount of service tax due and payable, any surcharge accruing, or any penalty, fee or other money payable under the Service Tax Act 2018 [Act 807], the Director General may offset any amount or any part of any amount of drawback or refund due to that person against the unpaid amount referred to in paragraphs (a), (b), (c), (d), (e),
and (g), and the Director General shall treat the amount offset as payment or part payment received from that person.”.
58
New Part Xa
The principal Act is amended by inserting after Part X the following Part:
“PART Xa
ORIGIN OF GOODS, AND PREFERENTIAL AND
NON-PREFERENTIAL TARIFF TREATMENT
Authorized body 99b. (1) The Minister may authorize any Government agency to perform the functions under sections 99e and 99h.
The authorization under subsection (1) shall be in writing and shall be subject to such terms and conditions as the Minister deems fit.
The Minister may revoke any authorization given under subsection (1) as the Minister deems fit.
Where a government agency ceases to be an authorized body under this section, that government agency shall surrender to the Minister all articles and documents received in relation to the authorization.
Issuing Authority 99c. (1) The Minister may, in consultation with the Minister charged with the responsibility for international trade and industry, appoint any body or Government agency as an issuing authority to issue a preferential or non-preferential certificate of origin if the Minister is satisfied that the body or Government agency meets the prescribed criteria subject to such terms and conditions as the Minister deems fit.
The Minister may revoke the appointment made under subsection (1) as the Minister deems fit.
Customs (Amendment)
Where a body or Government agency ceases to be an issuing authority under this section, that body or Government agency shall surrender to the Minister all articles and documents received in relation to the appointment.
Application for and issuance of preferential and non-preferential certificate of origin 99d. (1) A producer or an exporter may apply for a preferential and non-preferential certificate of origin to the issuing authority.
The issuing authority may, upon evaluating and determining the application for certificate of origin under subsection (1), approve the application and issue a certificate of origin subject to such terms and conditions as the authority deems fit, or refuse the application.
Registration for producing a declaration of origin 99e. (1) An importer, a producer or an exporter may apply to the authorized body for registration for the purpose of producing a declaration of origin.
Upon registration under subsection (1)—
an importer may produce a declaration of origin for the purposes of claiming the preferential tariff treatment under paragraph 99g(c); and
a producer or an exporter may produce a declaration of origin for the purposes of claiming the preferential tariff treatment under the relevant trade agreements.
Responsibility of importer, producer or exporter 99f. (1) In any declaration of goods imported or to be exported, the importer, producer or the exporter shall give the true and correct origin of the goods declared.
60
Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both.
Claim for preferential tariff treatment 99g. An importer is eligible to claim for preferential tariff treatment if—
he has complied with the requirement of the origin of goods under the relevant orders made under section 11 pertaining to the relevant trade agreements;
he has produced a declaration of origin or a preferential certificate of origin.
Verification of document and information 99h. (1) When there is reasonable doubt as to the authenticity of the document or to the accuracy of the information regarding the origin of the imported goods or goods to be exported or certain parts of the goods, the proper officer of customs or authorized body may make a verification as to the authenticity of the document and the accuracy of the information.
Pending the verification under subsection (1), the proper officer of customs may—
the payment of customs duty payable under the customs duty order made under section 11; or
Customs (Amendment)
the payment of customs duty payable based on the preferential tariff treatment and if such preferential tariff treatment is less than the amount of customs duty payable under subparagraph (b)(i), a security for the difference being furnished.
Notwithstanding subsection (2), the proper officer of customs may detain the goods if—
there is a reasonable cause to believe that any form of fraud, misrepresentation, false declaration or non-disclosure of material fact has taken place at the time of import.
Upon completion of the verification under subsection (1), the proper officer of customs shall—
in the case where the document is authentic or the information is accurate, return the security furnished under subparagraph (2)(b)(ii); and
in the case where the document is not authentic or the information is not accurate—
refuse to give the preferential tariff treatment;
and
forfeit the security furnished under subparagraph (2)(b)(ii).
Revocation or suspension of certificate of origin 99i. (1) The issuing authority may revoke or suspend the certificate of origin issued under section 99d if—
any term or condition specified in the certificate of origin has been contravened; or
the issuing authority considers that the producer or exporter who has been issued with the certificate of origin is no longer a fit and proper person to hold the certificate.
62
Where the certificate of origin has been revoked or suspended under subsection (1), the producer or exporter shall be notified in writing of such revocation or suspension.
Any person who is dissatisfied with the decision under this section may, within thirty days from the date on which notice of the decision is given, appeal to the issuing authority.”.
Substitution of section 100a
The principal Act is amended by substituting for section 100a the following section:
“Records relating to customs matters 100a. (1) Every person shall keep full and true records up to date of all transactions which affect or may affect his obligation on any matters under the Act.
The records to be kept shall include—
all records of importation and exportation of goods including goods in transit and transhipment;
all payments and bank records including letter of credit, fund transfers application and debit advice;
sales and purchase records including invoices, receipts, debit note and credit note;
other business records including sales, distribution and royalty contracts or agreements;
accounting charts, access codes, program documentation and system instruction manuals;
any other records as may be determined by the
Director General.
Customs (Amendment)
Any records kept under this section shall be—
preserved for a period of seven years from the latest date to which such records relate; and
kept in Malaysia, except as otherwise approved by the Director General subject to such conditions as the Director General deems fit.
Where the record is in an electronically readable form, the record shall be kept in such manner as to enable the record to be readily accessible and convertible into writing.
Where the record is originally in a paper form and is subsequently converted into an electronic form, the record shall be retained in its original form prior to the conversion.
A copy of the record shall be admissible in evidence in any proceedings to the same extent as the record itself.
Any person who contravenes subsection (1), (2), (3), (4)
or (5) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.”.
New section 100b
The principal Act is amended by inserting after section 100a the following section:
“Requirement to provide translation 100b. (1) Where a senior officer of customs investigating into an offence finds, seizes, detains, or takes possession of any goods, record, report or document which wholly or partly, is in a language other than the national language or
English language, or is in any sign or code, such officer may, orally or in writing, require the person who had the possession, custody or control of the goods, record, report or document to furnish to him a translation in the national language or English language within such period as the officer may specify.
64
No person shall knowingly furnish a translation under subsection (1) which is not accurate, factful and true.
Notwithstanding subsection (1), the senior officer of customs may require any other person to furnish the translation to him.
The Director General may pay reasonable fees to the person who is required to furnish the translation under subsection (3).”.
Amendment of section 102
Paragraph 102(2)(b) of the principal Act is amended by substituting for the words “to his usual or last known place of abode” the words “to his last known address”.
New section 102a
The principal Act is amended by inserting after section 102
the following section:
“Submission of list of passengers and crews 102a. (1) The master of every vessel or pilot of every aircraft, or his agent arriving at any customs airport, customs port or entry or exit point shall submit to the proper officer of customs a true and complete list of the passengers on board—
The master of every vessel or the pilot of every aircraft, or his agent leaving any customs airport, customs port or entry or exit point shall submit to the proper officer of customs a list of the passengers and crews—
in the case of a vessel, not less than twenty-four hours before departure; and
Customs (Amendment)
The carrier in charge of every train or the operator of a bus, or his agent, arriving at or leaving any customs airport, customs port or entry or exit point shall submit to the proper officer of customs a list of the passengers and crews as and when directed by such proper officer of customs.”.
Amendment of section 103
Subsection 103(2) of the principal Act is amended by inserting after the words “The baggage of passengers” the words “or any other person”.
Amendment of section 104
Subsection 104(2) of the principal Act is amended by deleting the words “, on demand,”.
Amendment of section 105
by inserting after subsection (1) as renumbered the following subsection:
“ (2) Any person who contravenes subsection (1)
shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.”.
66
Amendment of section 106a
Section 106a of the principal Act is amended—
by substituting for subsection (1) the following subsection:
“ (1) For the purposes of this Act, any senior officer of customs shall at all times have access to any place or premises where—
any person who has dealings with the importer, exporter, manufacturer or person referred to in paragraph (a) carries on his business.”;
by substituting for paragraph (a) the following paragraph:
“(a) he may require the importer, exporter, manufacturer or person referred to in paragraph (1)(a), or any person who has dealings with such importer, exporter, manufacturer or person referred to in paragraph (1)(a), to produce any book, data, document or other record, or thing which is required to be kept under the provision of this Act, or which relate to any imported, exported or manufactured goods;”;
by substituting for paragraph (d) the following paragraph:
“(d) he may require—
the importer, exporter, manufacturer or person referred to in paragraph (1)(a);
Customs (Amendment)
the person who has dealings with such importer, exporter, manufacturer or person referred to in paragraph (1)(a); or
any person employed by such importer, exporter, manufacturer or person referred to in paragraph (1)(a)
or the first-mentioned person referred to in subparagraph (ii);
to answer questions truthfully relating to—
any goods imported, exported or manufactured;”; and
in paragraph (f), by substituting for the words “the importer or the person who has dealings with such importer” the words
“the importer, exporter, manufacturer or person referred to in paragraph (1)(a), or any person who has dealings with such importer, exporter, manufacturer or person referred to in paragraph (1)(a)”;
in subsection (3), by substituting for the words
“an importer carries on his business or where a person who has dealings with such importer” the words
“the importer, exporter, manufacturer or person referred to in paragraph (1)(a) carries on his business, or where the person who has dealings with such importer, exporter, manufacturer or person referred to in paragraph (1)(a)”;
and
68
by inserting after subsection (4) the following subsection:
“ (5) Any person who refuses access to any place or premises to any senior officer of customs under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand ringgit or to both.”.
Amendment of section 107
Section 107 of the principal Act is amended—
by substituting for the words “dwelling-house, shop, or other building or place” the words
“conveyance, premises or place”;
in paragraph (a), by substituting for the words
“dwelling-house, shop, or other building or place”
the words “conveyance, premises or place”; and
in paragraph (b), by substituting for the words
“dwellinghouse, shop, building or place” the words “conveyance, premises or place”;
in paragraph (a), by substituting for the words
“dwellinghouse, shop, or other building or place”
the words “conveyance, premises or place”;
in paragraph (b), by inserting after the words
“forcibly enter such” the words “conveyance, premises or”;
in paragraph (c), by inserting the word “and” at the end of the paragraph; and
Customs (Amendment)
in paragraph (d), by substituting for the words
“such place until such place has been searched”
the words “such conveyance, premises or place until the search has been completed”; and
by inserting after subsection (2) the following subsections:
“ (3) Where by reason of its nature, size or amount it is not practicable to remove any goods, document or thing seized under this section, the officer of customs may, by any means, seal the conveyance, premises or place or such goods, document or thing in the conveyance, premises or place in which it is found.
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (3) or removes the goods, document or thing under seal, or attempts to do so, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand ringgit or to both.”.
Amendment of section 108
Section 108 of the principal Act is amended—
by substituting for the words “any dwelling-house, shop, or other building or place” the words “any conveyance, premises or place”; and
by substituting for the words “in respect of such dwelling-house, shop, or other building or place” the words “in respect of such conveyance, premises or place”.
Amendment of section 110
Subsection 110(1) of the principal Act is amended—
by substituting for the words “A proper officer of customs”
the words “For the purposes of Part IX, a proper officer of customs”; and
by deleting the words “at which the goods produced to an officer of customs under section 80 are deposited”.
70
Amendment of section 111a
Section 111a of the principal Act is amended—
in subsection (1), by inserting after the words “he may think fit; and any proper officer” the words “of customs”;
by inserting after the words “reasonable signal of a proper officer” the words “of customs”; and
by substituting for the words “shall be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment; and any proper officer may, without warrant, arrest such person unless he gives his name and address and otherwise satisfies the proper officer that he will duly answer any summons or other proceedings that may be taken against him” the words “shall be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both, and any proper officer of customs may, without warrant, arrest such person”; and
in subsection (3), by inserting after the words “No proper officer” the words “of customs”.
Amendment of section 111b
Section 111b of the principal Act is amended—
in paragraph (a), by deleting the word “and” at the end of the paragraph; and
Customs (Amendment)
by inserting after paragraph (a) the following paragraph:
“(aa) may make copies of or take extracts from the recorded information or computerized data referred to in subsection (1) as he deems necessary; and”; and
by inserting after subsection (3) the following subsection:
“ (4) Any person who contravenes subsection (1)
or the request to provide any reasonable assistance under paragraph (2)(b) shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand ringgit or to both.”.
New section 111c
The principal Act is amended by inserting after section 111b the following section:
“Power to intercept communications 111c. (1) Notwithstanding the provisions of any other written law, the Public Prosecutor may, if he considers that it is likely to contain any information which is relevant for the purposes of investigation into any offence under this Act, on the application of a senior officer of customs, authorize any proper officer of customs—
to intercept, detain and open any postal article in the course of transmission by post;
to intercept any message transmitted or received by any telecommunication; or
When any person is charged with an offence under this Act, any information obtained by any proper officer of customs in pursuance of subsection (1), whether before or after such person is charged, shall be admissible in evidence at his trial.
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 into writing.
A certificate by the Public Prosecutor stating that the action taken by the proper officer of customs in pursuance of subsection (1) had been authorized by him under subsection (1)
shall be conclusive evidence that it had been so authorized, and such certificate shall be admissible in evidence without proof of signature thereof.
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 paragraphs (1)(a),
Section 112 of the principal Act is amended—
by inserting after subsection (1) as renumbered the following subsection:
“ (2) A proper officer of customs may use any tracing and tracking device, non-intrusive instrument, or any other form of aids in the performance of his duty under this Act.”.
Customs (Amendment)
73
Substitution of section 113
The principal Act is amended by substituting for section 113
the following section:
Quoted provision
permit his person, goods and baggage to be searched by such officer or otherwise examined by any other means; or
accompany such proper officer of customs together with his goods and baggage to a customs office or police station and there permit his person, goods and baggage to be searched by the proper officer of customs.
If the person referred to in subsection (1) requests that his person be searched in the presence of a senior officer of customs, he shall not be searched except in the presence of and under the supervision of such officer, but such person may be detained until the arrival of such officer, or taken to any customs office or police station where such officer may be found.
If the person referred to in subsection (1) requests the goods and baggage to be searched in his presence and so present himself within a reasonable time, the goods and baggage shall not be searched except in his presence.
No person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.”.
74
Amendment of section 114
“Search of persons etc., arriving in Malaysia
by substituting for the words “conveyance, vessel not exceeding two hundred tons nett registered tonnage, or aircraft other than an aircraft engaged in international carriage” the words “conveyance other than vessel exceeding two hundred tons nett registered tonnage or aircraft engaged in international carriage”; and
by inserting after the words “may be seized by any officer of customs” the words “on the person or”;
in subsection (2), by substituting for the words “receptacles, packages, conveyances, vessels or aircraft” the words
“receptacles, packages or conveyances referred to in subsection (1)”;
by substituting for the words “, conveyances, vessels or aircraft” the words “and such receptacles, packages or conveyances referred to in subsection (1)”;
by substituting for the words “his place of abode, if known:” the words “the person’s last known address.”; and
in subsection (6), by substituting for the words “all equipment” the words “all tackles, equipment and furnishing”.
Customs (Amendment)
75
New section 114a
The principal Act is amended by inserting after section 114
the following section:
“No costs or damages arising from entry, search or seizure to be recoverable 114a. No person shall, in respect of any entry or search of any premises, place or conveyance or seizure of any goods, book, record, document or thing in the exercise of any powers conferred by this Act, be entitled to the costs of such entry, search or seizure, or to any damages or other relief unless such entry, search or seizure was made without reasonable cause.”.
Amendment of section 115
in the shoulder note, by substituting for the words “movable property” the word “goods”;
by substituting for the words “movable property has been seized” the words “goods have been seized”;
by substituting for the words “return the movable property to the owner thereof or to the person from whose possession, custody or control it was seized” the words “return the goods to the owner thereof or to the person from whose possession, custody or control the goods were seized”; and
by substituting for the words “the movable property shall be surrendered” the words
“the goods shall be surrendered”;
76
by substituting for the words “return the movable property to the owner thereof or to the person from whose possession, custody or control it was seized” the words “return the goods to the owner thereof or to the person from whose possession, custody or control the goods were seized”;
by substituting for the words “the movable property is so returned to dispose of the same, such return being subject to” the words “the goods are so returned to dispose of the same, such return being subject to such terms and conditions as a senior officer of customs may impose and”;
in subparagraph (i)—
(CA) by substituting for the words
“for property” the words “for goods”; and
(CB) by substituting for the words
“the property or goods” the words “such goods”;
in subparagraph (ii), by inserting after the word “thereof” the words “, if any”; and
in subparagraph (iii), by inserting after the words “any written law” the words
“, if any”; and
by substituting for the words “the moveable property, as appropriate in the circumstances, where it is a living creature” the words “goods, as appropriate in the circumstances, where the goods are living creatures”;
Customs (Amendment)
by substituting for the words “it is of a perishable” the words “the goods are of perishable”; and
by substituting for the words “and where it is so sold” the words “and where the goods are so sold”;
in paragraph (a), by substituting for the words
“movable property” the word “goods”;
in paragraph (b), by inserting after the words
“paragraph (1)(a)” the words “or (b)”;
by substituting for the words “ten thousand ringgit”
the words “one hundred thousand ringgit”;
in subsection (3), by substituting for the words “the movable property under paragraph (1)(a)” the words
“the goods under paragraph (1)(a) or (b)”;
in subsection (4), by substituting for the words “the property is returned under paragraph (1)(a)” the words
“the goods are returned under paragraph (1)(a) or (b)”;
and
Subsection 115a(1) of the principal Act is amended—
by substituting for the words “any movable property returned” the words “any goods returned”; and
by substituting for the words “the movable property” the words “the goods”.
78
Amendment of section 116
Section 116 of the principal Act is amended—
in subsection (3), by substituting for the words
“charged with an offence under this Act or any regulation made thereunder” the words “arrested under subsection (1)”;
in subsection (5), by substituting for the words “ Every person so arrested may be released from custody—”
the words “Subject to such conditions as the Director
General deems fit, every person so arrested may be released from custody—”; and
by inserting after subsection (6) the following subsections:
“ (7) Where a person who is arrested for an offence under this Act is serving a sentence of imprisonment or is under detention under any law relating to preventive detention, or is otherwise in lawful custody, he shall, upon an order in writing by a senior officer of customs of or above the rank of Senior Assistant
Director, be produced before such officer or before any other senior officer of customs for the purpose of investigation, and for such purpose he may be kept in lawful custody for a period not exceeding fourteen days.
A person who is detained in lawful custody under subsection (7) or otherwise under any other written law may—
at any time be made available to a senior officer of customs for the purpose of investigation; or
be taken to any other place for the purpose of searching the place, or seizing any goods, or identifying any person for any other purposes relating to the investigation under this Act.”.
Customs (Amendment)
79
Amendment of section 116a
Paragraph 116a(7)(b) of the principal Act is amended by substituting for the word “property” the word “goods”.
Amendment of section 119
Section 119 of the principal Act is amended by substituting for the words “or penalties” the words “or surcharge”.
Amendment of section 121
by substituting for subsection (5) the following subsection:
“ (5) In this section, “analyst” means—
a registered chemist under the Chemists
Act 1975 [Act 158] or a person authorized under section 23a of such Act, or his employee working under his supervision;
a registered pharmacist under the Registration of Pharmacists Act 1951 [Act 371] or his employee working under his supervision;
a registered engineer under the Registration of Engineers Act 1967 [Act 138]; or
by inserting after subsection (5) the following subsection:
“ (5a) The Minister may, after consultation with the relevant Minister, appoint any qualified person or class of qualified persons by notification in the Gazette to be an analyst for the purpose of this section.”.
80
New sections 121a and 121b
The principal Act is amended by inserting after section 121
the following sections:
“Admissibility of statements and documents of persons who are dead or cannot be traced, etc.
Quoted provision
Notwithstanding any written law to the contrary—
any statement made by any person to an officer of customs in the course of an investigation under this Act; and
any document or copy of any document seized from any person by an officer of customs in the exercise of his powers under this Act, shall be admissible in evidence in any proceedings against any person for an offence under this Act before any court if—
the person who made the statement or the document or the copy of the document is dead, or cannot be traced or found;
the person who made the statement or the document or the copy of the document has become incapable of giving evidence; or
the attendance of the person who made the statement or the document or the copy of the document cannot be procured without an amount of delay or expense which appears to the court to be unreasonable.
Evidential provisions 121b. (1) For the purposes of any proceeding under this
Act, any statement purporting to be signed by the Director
Customs (Amendment)
81
General or any officer of customs authorized by the Director
General which forms part of or is annexed to the information, demand, statement of claim, shall be prima facie evidence of any fact stated therein.
If a transcript of any particulars contained in a declaration or other document relating to the customs duty is certified under the hand of the Director General or any officer of customs authorized by the Director General to be a true copy of the particulars, the transcript shall be prima facie evidence as proof of those particulars.
No statement made or document produced by or on behalf of any person shall be inadmissible in evidence against that person in any proceedings against him to which this section applies by reason only that he was or may have been induced to make such statement or produce such document by any inducement or promise lawfully given or made by any person having any official duty under, or being employed in the administration of this Act.
Nothing in this Act shall affect the operation of
Chapter IX of Part III of the Evidence Act 1950.
For the purposes of paragraph 135(1)(g) or section 135b or 135c, where in any proceedings it is proved that any false statement or entry has been made in any declaration rendered under this Act by or on behalf of any person, or in any books of account or records of any person—
the person shall be presumed, until the contrary is proved, to have made the false statement or entry or to have caused the false statement or entry to be made or to have allowed it to be made with intent to evade the payment of customs duty or any prohibition of import or export, or to obtain a refund or drawback of customs duty to which the person is not entitled, as the case may be; and
82
any other person who made any false statement or entry shall be presumed, until the contrary is proved, to have made the false statement or entry with intent to assist the person referred to in paragraph (a) to evade the payment of customs duty or any prohibition of import or export, or to obtain a refund or drawback of customs duty to which the person referred to in paragraph (a) is not entitled.
Notwithstanding anything to the contrary in any written law, where any officer of customs has obtained any document or other evidence in exercise of his powers under this Act, the document or copy of the document or other evidence, as the case may be, shall be prima facie evidence in any proceedings under this Act.
Where any document which is to be used in any proceedings against any person for an offence under this Act is in a language other than the national language or English language, a translation of the document into the national language or English language shall be admissible in evidence where the translation is accompanied by a certificate of the person who translated the document setting out that it is an accurate, faithful and true translation and the translation had been done by the person at the instance of any officer of customs.
Subsection (7) shall apply to a document which is translated, regardless of whether the document was made in or outside Malaysia, or whether the translation was done in or outside Malaysia, or whether possession of the document was obtained by any officer of customs in or outside Malaysia.”.
Amendment of section 122
Section 122 of the principal Act is amended—
by deleting the words “vessel or”.
Customs (Amendment)
83
Amendment of section 123
Section 123 of the principal Act is amended—
by substituting for the scale the following scale:
“Amount of fine
Maximum period
Not exceeding five thousand ringgit
Two months
Exceeding five thousand ringgit but does not exceed ten thousand ringgit
Four months
Exceeding ten thousand ringgit but does not exceed twenty thousand ringgit
Six months”; and
by substituting for the words “for every hundred ringgit after the first two hundred ringgit” the words “for every ten thousand ringgit after the first twenty thousand ringgit”.
Amendment of section 124a
Section 124a of the principal Act is amended—
in subsection (1), by substituting for the words “name and address” the words “name, address, identification card number and passport number”; and
in subsection (2), by substituting for the words “a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both” the words
“a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both”.
84
Substitution of section 125a
The principal Act is amended by substituting for section 125a the following section:
“Confidentiality of information 125a. (1) Any person having any official duty or being appointed or employed under this Act shall regard and deal with all information, documents or declarations relating to importation, exportation, valuation, classification or origin determination of any goods as confidential.
Subject to subsection (4), any person having possession or control over any document, information or declaration, or copies thereof, relating to importation, exportation, valuation, classification or origin determination of any goods, who at any time, otherwise than for the purposes of this Act or with the express authority of the Director General—
communicates such information or anything contained in such document or declaration, or copies thereof, to any person; or
suffers or permits any person to have access to such information or to anything contained in such document or declaration, or copies thereof, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand ringgit or to both.
No person having any official duty or being appointed or employed under this Act shall be required—
to produce in any matters or proceedings in any court or tribunal any information, documents or declarations; or
Customs (Amendment)
to divulge or communicate in such matters or proceedings any matter or thing, coming under his notice in the performance of his duties under this Act, except as may be necessary for the purpose of carrying into effect the provisions of this Act, or in order to institute a prosecution, or in the course of a prosecution for any offence committed under this Act.
The Director General may transmit or communicate any information or documents referred to in subsection (2)
as he deems expedient or necessary to allow disclosure of certain information to any person.
Notwithstanding subsection (4), the Director General shall not transmit or communicate any information or documents to a corresponding authority in a foreign state unless—
an agreement or arrangement has been entered with that foreign state regarding the exchange of information; and
the Director General is satisfied that the corresponding authority has given appropriate undertaking for protecting the confidentiality of anything communicated to it and for controlling the use of it, including an undertaking that it will not be used as evidence in any proceeding.
The Director General shall record in writing all decisions to transmit or communicate any information or documents to a foreign state.”.
Amendment of section 126
Section 126 of the principal Act is amended by inserting after the word “forfeiture” the words “and all forfeited goods shall be disposed off in accordance with the directions of the
Director General”.
86
Amendment of section 127
Subsection 127(1a) of the principal Act is amended by substituting for the words “movable property” the word
“goods”.
Amendment of section 128
in subsection (1), by substituting for the words “one calendar month from the date of seizure of the goods”
the words “thirty days from the date of the notice of seizure of the goods”;
by substituting for subsection (3) the following subsection:
“(3) If there is a claim or a written application made within the period of thirty days referred to in subsection (1) and there is no prosecution with regard to the goods, the senior officer of customs shall, on the expiration of the period of thirty days, refer the claim or the application to the Director
General.”; and
by inserting after subsection (3) the following subsection:
“ (3a) Upon reference by the senior officer of customs under subsection (3), the Director General may direct such senior officer of customs—
to release such goods or the proceeds of sale of such goods or the security furnished under paragraph 115(1)(a) or (b); or
by information in the prescribed form, to refer the matter to a Magistrate of the First Class for his decision.”.
Customs (Amendment)
87
Amendment of section 129
Section 129 of the principal Act is amended—
by substituting for the words “section 127 or 128” the words “section 127, 128 or 131”; and
by substituting for the words “or payment” the words
“on payment”.
Substitution of section 131
The principal Act is amended by substituting for section 131
the following section:
“Compounding of offences
Quoted provision
any offence under this Act or its subsidiary legislation as an offence which may be compounded;
Any senior officer of customs may, with the written consent 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 Director General of an amount of money not exceeding fifty per centum of the amount of the maximum fine for that offence within the period specified in the offer.
88
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, and if the amount specified in the offer is not paid within the period specified in the offer or within any extended period as the Director
General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
Where an offence has been compounded under subsection (2), no prosecution shall after that be instituted in respect of the offence against the person to whom the offer to compound was made.
Subject to subsections (6) and (7), upon the payment of such sum of money as specified under subsection (1), any goods seized and the amount secured under paragraph 115(1)(a)
or (b) or the amount realized by sale under paragraph 115(1)(c)
shall be released and no further proceedings shall be taken against such goods.
If dutiable goods are seized under this Act, such goods or the amount secured under paragraph 115(1)(a) or (b) or the amount realized by sale under paragraph 115(1)(c), as the case may be, shall be forfeited unless the customs duties payable is paid within thirty days from the date of payment of such amount of money.
If prohibited goods are seized under this Act, such goods or the amount secured under paragraph 115(1)(a)
or (b) or the amount realized by sale under paragraph 115(1)(c), as the case may be, shall be forfeited.
Notwithstanding subsection (7), where the prohibition on the goods is conditional upon a licence being issued, a senior officer of customs may release such goods if a licence is issued by any relevant authority and produced to the senior officer of customs within thirty days from the date such amount of money is paid.”.
Customs (Amendment)
89
New section 131a 104.
The principal Act is amended by inserting after section 131
the following section:
“Cost of holding goods, document or thing seized 131a. Where any goods, document or thing seized under this
Act is held in the custody of the officer of customs pending completion of any proceedings in respect of an offence under this Act, the cost of holding such goods, document or thing in custody shall, in the event of any person found guilty of an offence, be a debt due to the Government by such person and shall be recoverable accordingly.”.
New section 132a 105.
The principal Act is amended by inserting after section 132
the following section:
“Order to pay cost of damage to Government property 132a. If any person is convicted of an offence under this
Act or any regulation made thereunder, and it appears to the court before which he is convicted that the commission of such offence has caused damage to any Government property, the court may, in addition to any punishment specified for the offence, order the person so convicted to pay the Director General the costs and expenses incurred in repairing or replacing the property and any other cost and expenses incurred in connection with the damage to the property.”.
Amendment of section 133 106.
Paragraph 133(1)(g) of the principal Act is amended by inserting after the words “of goods” the words “imported or”.
90
Amendment of section 135 107.
Subsection 135(1) of the principal Act is amended—
in subsubparagraph (iv)(bb), by substituting for the words
“five years” the words “seven years”; and
in subsubparagraph (v)(bb), by substituting for the words
“five years” the words “seven years”.
New sections 135a, 135b and 135c 108.
The principal Act is amended by inserting after section 135
the following sections:
“Penalty for offences relating to data stored in a computer 135a. (1) Any person who, without the authority of the
Director General—
destroys, damages, erases or alters or manipulates the data stored in or used in connection with a computer;
introduces into, records or stores in a computer by any means data for the purpose of—
destroying, damaging, erasing, altering or manipulating other data stored in that computer;
or
interfering with, interrupting or obstructing the lawful use of that computer, or the data stored in that computer; or
otherwise uses a computer, the purpose or effect of which is to reduce, avoid or evade any liability to customs duty imposed or which would otherwise have been imposed by the Act, or to defeat any provision of the Act, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
In this section, “data” includes any computer program or part of a computer program.
Customs (Amendment)
91
Penalty for offence relating to claims for drawback 135b. Any person who obtains, or does anything which causes any other person to obtain, any amount by way of drawback of any customs duty in respect of any goods which is not lawfully payable or allowable in respect thereof, or which is higher than the amount so payable or allowable shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding three times the amount of such duty or five hundred thousand ringgit, whichever is the greater, or to imprisonment for a term not exceeding seven years or to both.
Penalty for offence relating to claims for refund 135c. Any person who obtains, or does anything which causes any other person to obtain, the refund of any money under section 16 of any amount in excess of the amount properly so refundable shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding three times the amount refunded in excess of the amount properly so refundable or five hundred thousand ringgit, whichever is the greater, or to imprisonment for a term not exceeding seven years or to both.”.
Amendment of section 137 109.
Subsection 137(1) of the principal Act is amended—
in paragraph (a), by deleting the words “vessel or aircraft or other means of”; and
in paragraph (c), by deleting the words “vessel, aircraft or”.
Amendment of section 142 110.
Section 142 of the principal Act is amended—
by inserting after paragraph (4) the following paragraph:
“ (4a) to regulate the landing and loading of goods under section 33;”;
92
by inserting after paragraph (9) the following paragraph:
“ (9a) to regulate any matter relating to port clearance;”;
in paragraph (13), by inserting after the words “customs and licensed warehouses” the words “, warehouses or other places approved by the Director General or petroleum supply bases,”;
in paragraph (19), by inserting after the words “to regulate the manner” the words “and to provide the conditions”;
by inserting after paragraph (19a) the following paragraph:
“ (19b) to regulate any matter relating to manifest;”;
in paragraph (26), by inserting after the words “the offences which may be compounded” the words “, the criteria for compounding the compoundable offence”;
and
by inserting after paragraph (35e) the following paragraphs:
“ (35f) to regulate any matter relating to the origin of goods including—
to prescribe the criteria for authorization or appointment of the authorized body or the issuing authority, as the case may be;
to prescribe the procedures and conditions relating to the issuance of a preferential or non-preferential certification of origin or declaration of origin;
to prescribe the criteria for importers, producers or exporters registered under section 99e;
Customs (Amendment)
to prescribe the goods or type of goods entitled to preferential tariff treatment;
to prescribe the rules of origin of goods for preferential or non-preferential tariff treatment; and
to regulate the operation of the petroleum supply base and any matter relating to it;”.
Amendment of section 143 111.
Section 143 of the principal Act is amended—
in subsection (4), by substituting for the words
“subsection 128(3)” the words “subsection 128(3a)”; and
in subsection (5), by substituting for the words
“subsection 128(3)” the words “subsection 128(3a)”.
Amendment of section 145a 112.
Section 145a of the principal Act is amended by substituting for the words “customs duty, penalty or surcharge” the words
“customs duty, surcharge, penalty, fee or other money”.
New section 145b 113.
The principal Act is amended by inserting after section 145a the following section:
“Protection against suit and legal proceedings 145b. No action, suit, prosecution or other proceeding shall lie or be brought, instituted or maintained in any court against—
any police officer having the powers of a senior officer of customs or officer of customs under section 8;
the authorized body and issuing authority, for or in respect of any act, neglect or default done or committed by him or it in good faith or any omission omitted by him or it in good faith in such capacity.”.
Amendment of section 154 114.
Section 154 of the principal Act is amended in the definition of “principal customs area”, by substituting for the words “and
Tioman” the words “, Tioman and Pangkor”.
Amendment of section 156 115.
Section 156 of the principal Act is amended in the proviso, by deleting the words “as if Labuan were a place outside Malaysia”.
Amendment of section 163 116.
Section 163 of the principal Act is amended in the proviso, by substituting for the words “customs licensed or approved warehouse” the words “customs or licensed warehouse, or warehouse or other place approved by the Director
General”.
Amendment of section 163a 117.
Section 163a of the principal Act is amended in the definition of “principal customs area”, by substituting for the words “and Tioman” the words “, Tioman and Pangkor”.
Customs (Amendment)
95
Amendment of section 163c 118.
Section 163c of the principal Act is amended—
by substituting for the words “, 87 and 87a thereof” the words “and 87 and paragraph 87a(1)(b)”; and
by substituting for the words “vehicles transporting such goods as if Langkawi were a place outside Malaysia”
the words “vehicles, vessels and aircrafts transporting such goods”.
Amendment of section 163d 119.
Section 163d of the principal Act is amended by substituting for the words “vessel or aircraft” wherever appearing the words
“vehicle, vessel or aircraft”.
Amendment of section 163j 120.
Section 163j of the principal Act is amended in the definition of “principal customs area”, by substituting for the words “and
Tioman” the words “, Tioman and Pangkor”.
Amendment of section 163l 121.
Section 163l of the principal Act is amended—
by substituting for the words “, 87 and 87a thereof” the words “and 87 and paragraph 87a(1)(b)”; and
by deleting the words “as if Tioman were a place outside
Malaysia” .
Amendment of section 163m 122.
Section 163m of the principal Act is amended by substituting for the words “vessel or aircraft” wherever appearing the words
“vehicle, vessel or aircraft”.
96
New Part XIXd 123.
The principal Act is amended by inserting after Part XIXc the following Part:
“PART XIXd
SPECIAL PROVISIONS DEALING WITH PANGKOR
Interpretation 163q. In this Part, unless the context otherwise requires—
“Pangkor” means the Pangkor Island, Mentagor Island,
Giam Island, Simpan Island, Tukun Terindak Island, Pelanduk
Island, Anak Pelanduk Island, Landak Island, Batu Orang
Tua and Batu Jambal;
“principal customs area” means Malaysia exclusive of
Labuan, Langkawi, Tioman and Pangkor.
Customs duties relating to Pangkor 163r. (1) Notwithstanding anything to the contrary contained in this Act—
no import duty shall be payable upon any goods imported into Pangkor, other than goods which the Minister may from time to time declare by order published in the Gazette;
no export duty shall be payable upon any goods exported from Pangkor, other than any goods which the Minister may from time to time declare by order published in the Gazette;
import duty shall be payable upon all dutiable goods transported to the principal customs area from Pangkor as if such transportation to the principal customs area were importation into
Malaysia;
Customs (Amendment)
export duty shall be payable upon all dutiable goods transported from the principal customs area to Pangkor as if such transportation from the principal customs area were exportation from
Malaysia; and
the Minister may by order, prescribe the meaning of the word “value” in relation to goods transported from Pangkor to the principal customs area.
Subsections 11(2), (3), (4) and (5) shall apply to any order made by the Minister under paragraph (1)(a) or (b).
Nothing in this section shall render inapplicable to
Pangkor any other customs duty which may be fixed by the
Minister under subsection 11(1).
Transportation of goods to or from Pangkor from or to the principal customs area 163s. Where goods are transported—
from the principal customs area to Pangkor, the provisions of this Act, other than sections 81, 82, 83,
84, 85, 86 and 87 and paragraph 87a(1)(b), shall with such modifications and adaptations as may be necessary, apply as if such goods were imported into or, as the case may be, exported from, the principal customs area from or to a place outside Malaysia, and without prejudice to the above generality, Part XII shall apply to goods transported to or from
Pangkor from or to the principal customs area and to persons and vehicles, vessels and aircrafts transporting such goods.
Declaration of goods transported from Pangkor into the principal customs area 163t. The person in charge of any vehicle, vessel or aircraft on which goods are transported from Pangkor to the principal customs area shall make a declaration substantially in the prescribed form giving particulars of the goods transported in such vehicle, vessel or aircraft.
98
Dutiable goods to be deemed to be non-dutiable while in Pangkor 163u. Except for the purpose of section 48, any dutiable goods, other than goods declared by the Minister under paragraph 163r(1)(a), shall while in Pangkor, be deemed to be non-dutiable goods and the provisions of this Act shall be construed accordingly.
Collection of duties in Pangkor 163v. In making regulations under section 142, the Minister may provide for the collection in Pangkor of the customs duties payable in respect of goods transported or about to be transported from or to Pangkor to or from the principal customs area.
Application of Part X to goods transported to Pangkor 163w. The provisions of Part X which deals with drawback shall apply to goods, other than goods declared by the Minister under paragraph 163r(1)(a), transported from the principal customs area to Pangkor as if such goods had been exported.”.
Deletion of Part XX
Quoted provision
The principal Act is amended by deleting Part XX.
Quoted provision
Savings and transitional provision
granted under section 65a to carry on any manufacturing process and other operation in respect of the goods liable to customs duties and any other goods; or
granted under section 91a to any person to act as a licensed carrier, before the appointed date and in force immediately before the appointed date shall, on the appointed date, continue to remain in force and have effect until the licence expires, or is withdrawn or cancelled by the Director General.
Customs (Amendment)
Any approval granted by the Director General to any person to be an accredited person to benefit from simplified procedures for customs clearance as determined by the Director General before the appointed date and in force immediately before the appointed date shall, on the appointed date, be deemed to have been granted under the principal Act as amended by this Act.
Any certificate of origin issued in the name of the Ministry of International Trade and Industry or chambers of commerce or trade associations appointed by the Minister of International Trade and Industry before the appointed date and in force immediately before the appointed date shall, on the appointed date, continue to remain in force and have effect until the certificate of origin expires, or is withdrawn or cancelled by the Ministry of International
Trade and Industry or chambers of commerce or trade associations appointed by the Minister of International Trade and Industry.
Any application for—
a licence to carry on any manufacturing process and other operation in respect of the goods liable to customs duties and any other goods under section 65a;
an approval to be an accredited person to benefit from simplified procedures for customs clearance as determined by the Director General; or
a certificate of origin to be issued in the name of the
Ministry of International Trade and Industry or chambers of commerce or trade associations appointed by the
Minister of International Trade and Industry, made before the appointed date and pending before the Director
General, or the Ministry of International Trade and Industry or chambers of commerce or trade associations appointed by the
Minister of International Trade and Industry, as the case may be, immediately before the appointed date shall, on the appointed date, be dealt with in accordance with the provision of the principal
Act as amended by this Act.
100
Any importer, producer or exporter registered by the
Ministry of International Trade and Industry for the purpose of producing a declaration of origin before the appointed date shall, on the appointed date, be deemed to have been registered under the principal Act as amended by this Act.
Any compounding of effences under the existing section 131
of the principal Act which is pending immediately before the appointed date shall, on or after the appointed date, continue to be a compoundable offences as if the principal Act had not been amended by this Act.
In this section, “appointed date” means the date appointed by the Minister under subsection 1(2) of this Act for the coming into operation of this Act.