* Strategic Trade Act 2010

Original Language Title: * Strategic Trade Act 2010

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Laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that UPDATES Act 708 strategic trade Act 2010 As at May 1, 2015 2 strategic trade Act 2010 Royal Assent Date............ 2 June 2010 the date of publication in the Gazette......... June 10, 2010 last amended vide P.U. (A) 483/2010 which come into force on............ January 1, 2011 3 laws of MALAYSIA Act 708 strategic trade Act 2010 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation 3. Law of the case 4. Application of extra-territorial PART II APPOINTMENT and POWERS of STRATEGIC TRADE CONTROLLER 5. Appointment of Controller, etc.
6. Functions and powers of the controller PART III CONTROL STRATEGIC GOODS, GOODS NOT LISTED and LIMITED ACTIVITIES 7. Strategic items 8. End user restricted and prohibited 9. The export, transfer and transit of strategic goods and goods not listed 10. Grant of technical assistance 4 laws of Malaysia ACT 11 Section 708. Brokerage of strategic items 12. Transactions involving unlisted goods and limited PART IV PERMIT and REGISTRATION 13. Application of Act to permit and registration 14. Application for permit 15. Document or additional information 16. The granting or denial of permit 17. Suspension and revocation of permits 18. The use of permits without the consent of 19. Broker registration 20. Disqualified because offences 21. Suspension of permit or registration when disqualified 22. Application to delete disqualified 23. Endorsement on the permit 24. Maintenance of documents and express 25. Express part V ENFORCEMENT 26. Application of Act for enforcement 27. Submission of authorisation cards 28. Powers of authorized officers 29. Power of investigation 30. Search and seizure without warrant 31. Access to a place or premises 32. Access to computerized data 5 strategic trade Section 33. Power search transport 34. Use of force 35. Items seized 36. Power to arrest 37. Interception of communications 38. The power to require the attendance of the person who knew about the case of 39. Examination of person who knew about the case of 40. Offence in respect of information 41. The disposal of strategic items and goods not listed seized 42. Admissibility of evidence 43. Forfeiture of strategic items and goods not listed when no prosecution 44. The cost of holding strategic items and goods not listed seized 45. There are no costs or damages arising from seizure can be obtained 46. Obstacles of authorized officers PART VI GENERAL 47. Exemption 48. An initial Prosecution 49. Offences by body corporate 50. Offences by employees and agents of 51. Notice for disclosure of information 52. The information is protected and secret 53. Protection of officers 54. Government protection, etc. 55 from liability. Rules 56. Amendment of schedule 57. Savings and transitional table 7 laws of MALAYSIA Act 708 strategic trade Act 2010 an act to provide for control over the export, transfer, transit and brokerage of strategic goods, including arms and related material, and other activities that would or may facilitate the design, development and production of weapons of mass destruction and its delivery system and to provide for other matters connected therewith in line with the national security and international obligations of Malaysia.

[1 January 2011]

Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the strategic trade Act 2010.

(2) of this Act come into force on such date as the Minister may, by notification in the Gazette, and the Minister may prescribe different dates for different provisions of this Act.



8 laws of Malaysia ACT 708 interpretation 2. In this Act, unless the context otherwise requires — "biological agent" means any mikrobial, micro organisms, viruses or infectious materials issued from it naturally or artificially, and its components and whatever else originally or method penghasilannya;

"restricted activities" means — (a) any activity that supports the development, production, handling, use, maintenance, storage, inventory or the proliferation of any weapons of mass destruction and its delivery system; or (b) participation in transactions with persons engaged in such activities;

"technical assistance" includes instruction, skills, training, working knowledge of grant and consultancy services and may involve the transfer of technical data;

"goods" includes goods and technology;

"goods" means any goods designated as strategic items under section 7;

"unlisted goods" means goods which may be used in limited but that is not designated as strategic items under section 7;

"technical data" includes blueprint, plan, diagram, model, formula, tables, engineering designs and specifications, manuals and instructions in print or electronic format;

"export" means — the strategic trade 9 (a) to bring or cause to be brought out of Malaysia any goods via land, sea or air, or to put any article in a carriage for the purpose of such goods taken out from Malaysia through land, sea or air; or (b) to send technology by any means to a destination outside of Malaysia, and includes any transmission technology orally or visually through a communication device if the technology is contained in a document that is part of the germane juxtaposition recited, described or otherwise displayed through the communications device in the manner to achieve similar effects;

"bringing in transit" means the bringing of goods from any country into Malaysia via land, sea or air, where the goods are brought out of Malaysia on the same transport transport brings them into

Malaysia or any other transport and whether or not the goods are transferred or didaratkan in Malaysia, but does not include foreign travel that bring any article through Malaysia in accordance with international law;

"transfer" means to move goods from transport to bring in the goods to Malaysia and to put them on the same transport or others for the purpose of taking it out of Malaysia this acts carried out based on the ship's Bill of lading Bill of lading direct, direct or aircraft manifest directly;

"send", in respect of strategic technology, means — (a) send the technology in Malaysia through electronic means; or (b) provides the technology in Malaysia on a device, so that the strategic technology can be accessed by any person, whether within or outside Malaysia;
10 laws of Malaysia ACT 708 "Minister" means the Minister charged with the responsibility for international trade and industry;

"authorized officer" includes — (a) Customs officers;

(b) police officer;

(c) an officer of the Malaysian maritime enforcement agency;

(d) the officer Suruhanjaya Komunikasi dan Multimedia Malaysia;

(e) any other officers specified by the controller;

"broker" means the activity of any person, whether on behalf of himself or by acting as an agent on behalf of another person — (a) negotiate, arrange or facilitate the purchase, financing, transport, sale or supply of goods; or (b) buy, sell or supply such goods;

"owner", in respect of — (a) strategic items or items not listed, includes any person who is or who submit himself as the owner, importer, exporter, the recipient konsain, agent or person in possession, or who have the interests of beneficiaries of, or control over, or power of disposition over, the strategic items or items not listed it; and (b) a transportation, including every person acting as agent for the owner or who received the strategic trade 11 freight or other charges payable in respect of the transport;

"transportation" includes any vessel, train, motor vehicle, aircraft and such other means of carriage with it people or goods may be carried;

"Controller" means the controller of strategic trade appointed under section 5, and includes the Deputy Controller of the strategic trade;

"device" means any medium in which information, visual images, sounds or other data are recorded, stored or is contained in any form so that it can (with or without the aid of other equipment) recovered or produced therefrom;

"software" means the collection of a program or programs of micro or more recorded, stored or is contained in such device;

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

"The relevant authorities" means authorities prescribed under the law relating to the regulation of strategic items, items not listed and limited activities, and includes the controller;

"biological weapon" means any mikrobial or other biological agents or toxins whatever else original or penghasilannya method, of types and in quantities that cannot be justified for prophylactic, protective or other, peace and weapons, equipment or means of delivery designed to use biological agents or toxins for hostile purposes or in armed conflict;

"chemical weapons" have the same meaning assigned to it under the chemical weapons Convention Act 2005 [Act 641];
12 laws of Malaysia ACT 708 "nuclear weapon" means any device that is able to release nuclear energy in a way that is not under control and that have a cluster of features suitable for use for the purposes of war, but does not include transmission system if the delivery system can be separated from the device;

"weapons of mass destruction" means any weapon that is designed to kill, injure or infect people, animals, and plants through effects of explosion or spread nuclear or toxic properties of chemical weapons or infectious or toxic nature of biological weapons, and includes delivery system designed, adapted or intended for the use of such weapons;

"technology" means the information and data in any form for the design of the form, development, production or use of other items and includes technical data, technical assistance and software;

"strategic technologies" means technology designated as strategic items under section 7;

"toxin" means any toxin, whatever its original or even method penghasilannya, which is produced by a living organism or artificially disintesiskan that can cause illness, injury or death;

"the relevant law" means the law set out in the schedule.


Applicable law 3. (1) the provisions of this Act shall be in addition to, and does not cut, the provisions of any other written law, including relevant laws, in relation to the prevention of the proliferation of weapons of mass destruction and its delivery system.

Strategic trade 13 (2) in the event of any conflict or inconsistency between the provisions of this Act with the provisions of any other written law, including relevant laws, provisions of this Act shall apply and the provisions of any other written law which is inconsistent or not in compliance shall, to the extent of that conflict or inconsistency, be deemed to be replaced.


Application of external territories 4. (1) this Act shall, in relation to any person, whatever the nationality or kewarganegaraannya, have effect outside and also in Malaysia, and if an offence under this act committed by any person in any place outside Malaysia, he can be managed with respect to such offence as if the offence has been committed in any place in Malaysia.


(2) for the purposes of subsection (1) and in respect of the delivery of strategic technology, this Act shall apply if, for the offence in question, the strategic technology delivery using any equipment or device which is in Malaysia or distributed through any equipment or device which is located in Malaysia.


PART II APPOINTMENT and STRATEGIC TRADE CONTROLLER POWER Controller Appointment, etc.

5. (1) the Minister may appoint, from among public officials, a strategic trade Controller and a Deputy Controller of strategic trade.

14 laws of Malaysia ACT 708 (2) the controller shall perform the functions and duties imposed and exercise of the powers conferred upon him under this Act.

(3) the Deputy Controller of the strategic trade can perform all the functions and duties imposed and exercising all the powers granted to the Controller under this Act.

(4) the controller may appoint any public officer and any other officers as may be necessary to assist it in carrying out its functions under this Act.

(5) the controller shall have the general direction and control over the strategic trade and Deputy Controller officer appointed under subsection (4).


Functions and powers of the controller 6. (1) the controller shall, in respect of strategic items, items not listed and limited activities, have the following functions: (a) manage the strategic items, items not listed and activities restricted under this Act, including issuing permits and register brokers in so far as it is not otherwise provided under the relevant law;

(b) issue guidelines for managing application for permit and registration;

(c) issue guidelines for managing applications for export of goods not listed;

(d) issue instructions or guidelines on the implementation of the filtering process exports;

Strategic trade 15 (e) produce a list which sets out those who cannot be issued permits and those that cannot be registered as a broker;

(f) seek assistance from any Government, international organization or person in the implementation of this Act;

(g) make any incidental or in accordance with the implementation of any of the functions referred to in paragraphs (a) to (f).

(2) the controller shall have all the powers necessary for, or associated with, or reasonably required incidental to, the performance of its functions under this Act.

(3) the controller shall have the general direction and control over authorized officers for the purposes of regulating strategic goods, goods not listed and activities restricted under this Act.


PART III CONTROL STRATEGIC GOODS, GOODS NOT LISTED and LIMITED strategic items 7. (1) the Minister may, by order published in the Gazette, designate any article as strategic items for the purposes of this Act.

(2) if any question arises as to whether any article is or is not included in the class of goods specified in an order made under subsection (1), the question shall be decided by the controller.

16 laws of Malaysia ACT 708 end user restricted and prohibited 8. (1) the Minister may designate any person as an end user restricted end-users for which special permit required under this Act.

(2) the Minister may designate a person to end users as the end-users to whom all the export, transfer or transit of strategic goods or items not listed under this Act is prohibited.

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


The export, transfer and transit of strategic goods and goods not listed 9. (1) No person shall export, transfer or bringing in transit of strategic items unless that person get a permit issued under this Act.

(2) No person shall export, transfer or bringing in transit of strategic items or items not listed to restricted end-users specified in subsection 8 (1) unless such person is getting a special permit issued under this Act.

(3) No person shall export, transfer or bringing in transit of strategic items or items not listed to end-users specified in subsection 8 (2).

(4) any person who contravenes subsection (1) commits an offence and shall, on conviction of — (a) in relation to strategic goods which is a weapons or related materials — strategic trade 17 (i) if the Act was done with intent to export, transfer or bringing in transit goods without permits by illegal or with the knowledge that the export, transfer or carriage in transit of strategic items without permit unlawful — (A) if the death is a result of the Act , is sentenced to death or imprisonment for life, and in the case of a body corporate, punishable with a fine of a minimum of thirty million dollars; or (B) in any other case, punished by imprisonment for a term not less than ten years or by a fine not less than ten million ringgit or both, and in the case of a body corporate, punishable with a fine of a minimum of twenty million dollars; or (ii) if the Act is done without intent to export, transfer or bringing in transit goods without permits by illegal or without knowledge that the export, transfer or carriage in transit of strategic items without permit illegal, punishable with imprisonment for a term not less than five years or by a fine not less than five million dollars or by both , and in the case of a body corporate, is punished with a fine of a minimum of ten million dollars; and 18 laws of Malaysia ACT 708 (b) in relation to strategic items other than weapons or related materials — (i) if the Act was done with intent to

export, transfer or bringing in transit goods without permits by illegal or with the knowledge that the export, transfer or carriage in transit of strategic items without permit unlawful, punished by imprisonment for a term not less than ten years or by a fine not less than ten million ringgit or both, and in the case of a body corporate, punishable with a fine of a minimum of twenty million dollars; or (ii) if the Act is done without intent to export, transfer or bringing in transit goods without permits by illegal or without knowledge that the export, transfer or carriage in transit of strategic items without permit illegal, punishable with imprisonment for a term not less than five years or by a fine not less than five million dollars or by both , and in the case of a body corporate, is punished with a fine of a minimum of ten million dollars.

(5) any person who contravenes subsection (2) commits an offence and shall, on conviction of — (a) in relation to strategic items or items not listed which is weapons or related materials — strategic trade 19 (i) if the Act was done with intent to export, transfer or bringing in transit goods without special permit with unlawful or with the knowledge that the export, transfer or carriage in transit of goods without special permit unlawful — (A) if the death is a result of the Act , is sentenced to death or imprisonment for life, and in the case of a body corporate, punishable with a fine of a minimum of thirty million dollars; or (B) in any other case, punished by imprisonment for a term not less than ten years or by a fine not less than ten million ringgit or both, and in the case of a body corporate, punishable with a fine of a minimum of twenty million dollars; or (ii) if the Act is done without intent to export, transfer or bringing in transit goods without special permit with illegal or without knowledge that the export, transfer or carriage in transit of goods without special permit illegal, punishable with imprisonment for a term not less than five years or by a fine not less than five million dollars or by second-common , and in the case of a body corporate, is punished with a fine of a minimum of ten million dollars; and 20 laws of Malaysia ACT 708 (b) in relation to strategic goods and goods not listed other than weapons or related materials — (i) if the Act was done with intent to export, transfer or bringing in transit goods without special permit with unlawful or with the knowledge that the export, transfer or carriage in transit of goods without special permit unlawful, punished by imprisonment for a term not less than ten years or by a fine not less than ten million ringgit or with both, and in a case of a body corporate, punishable with a fine of a minimum of twenty million dollars; or (ii) if the Act is done without intent to export, transfer or bringing in transit goods without special permit with illegal or without knowledge that the export, transfer or carriage in transit of goods without special permit illegal, punishable with imprisonment for a term not less than five years or by a fine not less than five million dollars or by second-common , and in the case of a body corporate, is punished with a fine of a minimum of ten million dollars.

(6) any person who contravenes subsection (3) commits an offence and shall, on conviction of — (a) in relation to strategic items or items not listed which is weapons or related materials — strategic trade 21 (i) if the Act was done with intent to export, transfer or carry the goods in transit with illegal or with the knowledge that the export, transfer or transit of goods carriage in the unlawful — (A) if the death is a result of the Act , is sentenced to death or imprisonment for life, and in the case of a body corporate, punishable with a fine of a minimum of thirty million dollars; or (B) in any other case, punished by imprisonment for a term not less than ten years or by a fine not less than ten million ringgit or both, and in the case of a body corporate, punishable with a fine of a minimum of twenty million dollars; or (ii) if the Act is done without intent to export, transfer or carry the goods in transit with illegal or without knowledge that the export, transfer or carriage in transit goods is illegal, punishable with imprisonment for a term not less than five years or by a fine not less than five million dollars, or by both, and in the case of a body corporate punished by a fine, a minimum of ten million dollars; and (b) in relation to strategic goods and goods not listed other than weapons or related material — 22 laws of Malaysia ACT 708 (i) if the Act was done with intent to export, transfer or carry the goods in transit with illegal or with the knowledge that the export, transfer or carriage in transit goods is illegal, punished by imprisonment for a term not less than ten years or by a fine not less than ten million ringgit or both , and in the case of a body corporate, punishable with a fine of a minimum of twenty million dollars;
or (ii) if the Act is done without intent to export, transfer or carry the goods in transit with illegal or without knowledge that

the export, transfer or carriage in transit goods is illegal, punishable with imprisonment for a term not less than five years or by a fine not less than five million dollars, or by both, and in the case of a body corporate, is punished with a fine of a minimum of ten million dollars.

(7) this section shall not apply to the export of any documents in it any strategic technology recorded, stored or is contained, or for the delivery of strategic technology, to the extent such export or transmission is necessary to facilitate — (a) the installation, operation, maintenance or repair of any goods that have been exported;

(b) an application for a patent; or the strategic trade 23 (c) research in such strategic technology, which as a result has no practical use.


Grant of technical assistance 10. (1) No person shall provide any technical assistance in or outside Malaysia if such technical assistance intended for use in connection with an activity limited.

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction of — (a) if the death is a result of the Act, is sentenced to death or imprisonment for life, and in the case of a body corporate, punishable with a fine of a minimum of thirty million dollars; or (b) in any other case, punished by imprisonment for a term not less than ten years or by a fine not less than ten million ringgit or both, and in the case of a body corporate, punishable with a fine of a minimum of twenty million dollars.


Brokerage of strategic items 11. (1) No person shall carry out brokerage acts any strategic items unless the person is registered under section 19, and if required under relevant law, holding a valid permit for such strategic items from brokerage the relevant authorities under the applicable laws if — (a) that person has been notified by the relevant authorities or authorized officers that such goods may be intended or 24 laws of Malaysia ACT 708 likely will be used , in whole or in part, for or in connection with an activity limited;

(b) the person knows that such strategic items intended for use, in whole or in part, for or in connection with an activity limited; or (c) the person has reasonable ground to suspect that such strategic items intended or likely to be used, a whole or in part, for or in connection with an activity limited.

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction of — (a) in relation to strategic goods which is a weapon or material relating to — (i) if the death is a result of the Act, is sentenced to death or imprisonment for life, and in the case of a body corporate, punishable with a fine of a minimum of thirty million dollars; or (ii) in any other case, punished by imprisonment for a term not less than ten years or by a fine not less than ten million ringgit or both of each, and in the case of a body corporate, punishable with a fine of a minimum of twenty million dollars; or (b) in relation to strategic items other than weapons or related materials, punished by imprisonment for a term not less than five years or by a fine not less than five million dollars or by second-strategic trade 25 of each, and in the case of a body corporate, is punished with a fine of a minimum of ten million dollars.

(3) in any proceedings for an offence in respect of any goods referred to in paragraph (1) (c), shall be a defence for the accused to prove that he has made all reasonable investigation about the use or proposed use for the goods and satisfied from such investigations that the goods will not be used for or in connection with an activity limited.


Transactions involving unlisted goods and limited 12. (1) where a person is informed by the authority or otherwise know or have reason to believe that any article not listed will or may be used for an activity limited, then that person shall notify the relevant authorities about his intention to export goods not listed it at least thirty days prior to the exportation to be carried out.

(2) when told so, the relevant authorities shall decide whether to allow the export of such continued or not.

(3) the relevant authorities can decide to allow the continued exportation subject to the granting of a permit under this Act.

(4) any person who contravenes subsection (1) commits an offence and shall, on conviction — 26 laws of Malaysia ACT 708 (a) in relation to goods not listed which is weapons or related materials — (i) if the Act was done with intent to export, transfer or bringing in transit goods not listed without a permit with unlawful or with the knowledge that the export, transfer or carriage in transit of goods not listed without permit unlawful — (A) if the death is a result of the Act , is sentenced to death or imprisonment for life, and in the case of a body corporate, punishable with a fine of a minimum of thirty million dollars; or (B) in any other case, punished by imprisonment for a term not less than ten years or by a fine not less than ten million ringgit or both, and in the case of a body corporate, punishable with a fine of a minimum of twenty million dollars; or (ii) if the Act is done without intent to export, transfer or bringing in transit goods not listed without

permit with illegal or without knowledge that the export, transfer or carriage in transit of goods not listed without permit illegal, punishable with imprisonment for a term not less than five years or by a fine not less than five million dollars or 27 strategic trade with both, and in the case of a body corporate, is punished with a fine of a minimum of ten million dollars; and (b) in relation to goods not listed in addition to weapons or related materials — (i) if the Act was done with intent to export, transfer or bringing in transit goods not listed without a permit with unlawful or with the knowledge that the export, transfer or carriage in transit of goods not listed without permit unlawful, punished by imprisonment for a term not less than ten years or by a fine not less than ten million ringgit or by second-common , and in the case of a body corporate, punishable with a fine of a minimum of twenty million dollars; or (ii) if the Act is done without intent to export, transfer or bringing in transit goods not listed without a permit with illegal or without knowledge that the export, transfer or carriage in transit of goods not listed without permit illegal, punishable with imprisonment for a term not less than five years or by a fine not less than five million dollars or by both , and in the case of a body corporate, is punished with a fine of a minimum of ten million dollars.




28 laws of Malaysia ACT 708 PART IV PERMITS and REGISTRATION of Adoption Act to permit and registration 13. Without prejudice to the application of general law which related, for the purpose of strategic items, items not listed and limited activities regulated under this Act, the relevant authorities shall organise the permit and registration required for strategic items, items not listed and such limited activities in accordance with the provisions of this Act.


Application for permit 14. (1) an application for the permit or special permit referred to in section 9 shall be made to the relevant authorities in accordance with the regulations made under this Act.

(2) every application under subsection (1) shall be accompanied by a statement of final uses.

(3) an application under this section may be revoked at any time before it is allowed or denied.


Document or additional information 15. (1) the authority may, at any time after receipt of an application under section 14 and before the application is determined, by written notice, require the applicant to submit any document or additional information to the authorities in question within the period specified in the notice.

(2) If a document or additional information required under subsection (1) is not submitted by the applicant in the strategic trade 29 the period specified in the notice or within any extended period granted by the authorities in question, the application shall be deemed to have been withdrawn and are not continued further, but without prejudice to the right of the applicant to make a new application.


The granting or refusal of a permit 16. (1) the authority may, after considering an application for a permit under section 14 and any document or additional information submitted under section 15 and once satisfied that all requirements have been met, giving the permit or refuse the permit.

(2) the authority may impose such conditions as it considers fit while giving the permit.

(3) every permit granted under subsection (1) shall state the duration of the permit.

(4) the conditions imposed under the permit may at any time be varied or amended by the relevant authorities provided that the permit holder is given a reasonable opportunity to be heard.

(5) the decision of the authority under this section shall be notified to the applicant by notice in writing as soon as reasonably practicable.

(6) a notice in writing by the appropriate authority under subsection (5) shall state — (a) in the case where a permit is granted, the fact that the granting and the conditions, if any, imposed under subsection (2); and 30 laws of Malaysia ACT 708 (b) in the case of refusal to grant a permit, the fact of the refusal and the reasons for such rejection.

(7) the authority may renew the permit on any application.


Suspension and revocation of permit 17. (1) the authority may, at any time, suspend or cancel a permit if — (a) the permit holder fails to comply with any provision of this Act;

(b) the permit holder fails to comply with any conditions imposed on the permit;

(c) the permit holder has secured the permit improperly or illegally; or (d) it is necessary for national interest, national security or the purpose of ketidakcambahan, and shall notify the permit holder within thirty days by written notice that the permit has been suspended or cancelled.

(2) a suspension or cancellation under subsection (1) shall remain in force until the permit holders take steps to get rid of the reasons for the suspension or cancellation to the relevant authorities.

(3) for the purposes of paragraph (1) (d), the determination of the purpose of national interest and national security should be made by the Minister and such determination shall be final and binding on all persons and cannot be challenged, appealed against, reviewed, revoked or questioned in any court.
Strategic trade 31 the use of permits without the consent of 18. (1) No person shall permit granted under this Act may allow permit the use by any other person.

(2) any person who contravenes subsection (1) commits an

offence and shall, on conviction, be punished by imprisonment for a term not less than three years or by a fine of not less than three million dollars, or by both, and in the case of a body corporate, punished by a fine of a minimum of five million dollars.


Broker registration 19. (1) an application for registration to carry out brokerage strategic items referred to in section 11 shall be made to the relevant authorities in accordance with the regulations made under this Act.

(2) an application under this section may be revoked at any time before the application is allowed or denied.

(3) the appropriate authority may, at any time after receipt of an application under this section and before the application is determined, by written notice, require the applicant to submit any document or additional information to the authorities in question within the period specified in the notice.

(4) where a document or additional information required under subsection (3) shall not be submitted by the applicant within the period specified in the notice or within any extended period granted by the authorities in question, the application shall be deemed to have been withdrawn and are not continued further, but without prejudice to the right of the applicant to make a new application.

32 laws of Malaysia ACT 708 (5) the authority may, after considering the application for the registration and any document or additional information submitted under subsection (3) and once satisfied that all requirements have been met, register the applicant or reject the registration.

(6) registration under this section is valid for a period of one year and can be renewed again on the application.

(7) the relevant authorities may impose such conditions as it considers fit while giving the registration.

(8) the conditions imposed on the registration may at any time be varied or amended by the relevant authorities provided that the registered broker given reasonable opportunity to be heard.

(9) the decision of the authority under this section shall be notified to the applicant by notice in writing as soon as reasonably practicable.

(10) a notice in writing by the appropriate authority under subsection (9) shall state — (a) in the case if the registration is given, the fact of the registration and the conditions, if any, imposed under subsection (7); and (b) in the case of refusal of registration, the fact of the refusal and the reasons for such rejection.

(11) the appropriate authority may, at any time, suspend or cancel a registration if — (a) the registered broker fails to comply with any provision of this Act;

(b) the registered broker fails to comply with any condition imposed on the registration;
Strategic trade 33 (c) of the registered brokers were getting the registration incorrectly or illegally; or (d) it is necessary for national interest, national security or the purpose of ketidakcambahan, and shall notify the registered broker within thirty days by written notice that the registration has been suspended or cancelled.

(12) a suspension or cancellation under subsection (11) shall remain in force until the registered broker has taken steps to eliminate the reasons for the suspension or cancellation to the relevant authorities.

(13) for the purposes of paragraph (11) (d), the determination of the purpose of national interest and national security should be made by the Minister and such determination shall be final and binding on all persons and cannot be challenged, appealed against, reviewed, revoked or questioned in any court.


Disqualified because the error 20. Any of the Court before which a person is convicted of any offence under this Act in connection with the export, transfer or carriage in transit of strategic goods or items not listed or brokerage of strategic items may order — (a) that person removed the test from holding or obtaining a permit under this Act or of the registered as a broker under this Act for life or for a term fit by the Court; and (b) details of the conviction and any disqualification to which the person convicted is subject 34 laws of Malaysia ACT 708 shall be notified to the controller and shall be endorsed on any permit or registration held by the offender: provided that, if found fit by the Court, any disqualification imposed under this section may be limited to exportation, transfer , a carriage in transit or brokerage of strategic items or items not listed, as the case may be, of the same class or perihalannya such as strategic items or items not listed in respect of which such offence is committed.


Suspension of permit or registration when disqualified 21. (1) where a person who is disqualified by virtue of a conviction or order under this Act is the registered permit holder or broker, as the case may be, then the permit or registration shall be suspended as long as the disqualification continues in force.

(2) a permit or registration is suspended by virtue of this section shall not have effect during the period of the suspension.

(3) if any person who is disqualified under this section from holding or obtaining a permit to apply for or obtain a permit while he lost such eligibility, or if any such person while he is disqualified for such export, transfer or bringing in transit any strategic items or items not listed, or if the disqualification is limited to exportation, transfer or transit carriage in the class or description of the particular strategic items or items not listed , export, transfer or bringing in transit any strategic items or items not listed of the class or description of it, then the person is guilty of an offence and shall, on conviction, be punished by imprisonment for a term not

Strategic trade 35 less than ten years or by a fine not less than ten million ringgit or both, and in the case of a body corporate, punishable with a fine of a minimum of twenty million dollars.

(4) If any person who is disqualified from holding or obtaining a registration as a broker under this section to apply for or obtain a registration when he lost such eligibility, or if any such person when he disqualified such conduct any act any brokerage of strategic items, or if the disqualification is limited to brokerage class or description of the particular strategic goods , carry on brokerage acts any strategic goods from class or description that, then the person is guilty of an offence and shall, on conviction, be punished by imprisonment for a term not less than ten years or by a fine not less than ten million ringgit or both, and in the case of a body corporate, punishable with a fine of a minimum of twenty million dollars.

(5) a permit or registration obtained by the person who is disqualified as the first shall not be effective.


Application to delete disqualified 22. (1) a person who by virtue of a conviction or order under this Act eliminated those qualifications from holding or obtaining a permit or registration may, at any time after the expiration of three years from the date of the conviction or order, and from time to time (not less than three months from the date of the last application made under this section) apply to the Court before which he is convicted or who makes the order for eliminating disqualified it.

36 laws of Malaysia ACT 708 (2) when an application under subsection (1) is made, the Court may, having regard to the character of the applicant, his conduct as a result of the conviction or the order, type of offence and any other circumstances, either by deleting the disqualified from the date specified by the Court in the order or reject it.

(3) on an application under subsection (1) is made, the Court shall take into account any representations made by the Controller or any of the relevant authorities.


Endorsement at permit 23. (1) an order that the details of any convictions or of any disqualification to which the person convicted is subject endorsed on any permit or registration held by the offender shall, whether the offender at that time was the holder of a permit or registration or not, operate as an order that any permit or registration that can be held by him at the time or that can be found then shall be indorsed until he is entitled under this section to have a permit or registration issued to him which are free from any endorsement.

(2) if any person who permits or registration have been commanded to be endorsed to apply for a permit or registration without giving details of the order, the person is guilty of an offence and shall, on conviction, be punished by a fine not exceeding one million dollars or to imprisonment for a term not exceeding two years or to both, and in the case of a body corporate, punished by a fine of a minimum of two million dollars , and any permit or registration obtained such shall not have effect.

Strategic trade 37 (3) If a court order details endorsed on the permit or registration held by any person, or if, by a conviction or order of the Court, a person is diminished by qualifications from holding or obtaining a permit or registration, the Court shall send a notice of the conviction or order to guards and ordered the man to surrender the permit or the registration to the Controller for the appropriate endorsement.

(4) where pursuant to a notice of the Court referred to in subsection (3), the particulars are required to be endorsed on the permit or the registration entered in the register maintained by the controller under this Act, the endorsement shall be deemed to have been implemented.


Maintenance of documents and the register 24. (1) a given permit or has been registered as a broker under this Act shall be in respect of strategic items or limited activities — (a) maintain a register in the prescribed form; and (b) keep all documents for such period as may be prescribed.

(2) the register shall be — (a) be kept solely for the purpose of registering the specified records and information;

(b) regularly updated and kept in an orderly manner and in good condition; and (c) be kept for any period that may be prescribed.

38 the laws of Malaysia ACT 708 (3) the person referred to in subsection (1) shall provide sign up for examination as and when required by authorized officers.

(4) any person who contravenes subsection (1), (2) or (3) commits an offence and shall, on conviction, be punished by a fine not exceeding one million dollars or to imprisonment for a term not exceeding two years or to both, and in the case of a body corporate, punished by a minimum penalty of two million dollars.


The register 25. (1) the controller shall keep and maintain the register of permit holder and registered brokers.

(2) the register shall be available for inspection by the public, subject to such conditions as the fit by the guard.

(3) a copy or extract of any entry in the register certified accordingly by the controller shall be given to any person requiring a copy or extract on payment of the prescribed fee.

(4) the register shall be conclusive evidence in the event of any question arising as to whether any person holding a valid permit or registered as a broker under this Act.

Part V ENFORCEMENT application of Act for enforcement


26. Without prejudice to the generality of section 3 and the adoption of relevant law, for the purpose of strategic items, items not listed 39 strategic trade and limited activities regulated under this Act, the powers of enforcement provided under this section shall be available for authorized officers.

Submission of authorisation cards 27. Every authorized officer shall declare his Office and when asked to present his authority to the person against whom he is acting.

Powers of authorized officers 28. (1) without prejudice to the powers of authorized officers under any other written law, including relevant laws, authorized officers shall have the following powers for the purpose of enforcing this Act: (a) receive and consider any reports on the occurrence of an offence under this Act;
(b) discontinue, enter, catch, examine and search any place, premises, structures or transport and to resist any transport;
(c) call back any transport that left any port or place in Malaysia and hold the transport;
(d) implement the right Chase buru;
(e) demand the production of any record, certificate, permit or other document and examine, make copies of or take extracts from the records, certificate, permit or other document;
(f) investigate any offence under this Act;
40 laws of Malaysia ACT 708 (g) examine and seize any goods or items not listed along with any containers, packaging, transport or other things in the venue of strategic items or items not listed is stored, saved or found, records, books, accounts, documents or computerized data relating to any offence under this Act;
(h) arrest any person who is the authorized officer has reason to believe has committed or is attempting to commit an offence under this Act; and (i) remove any carriage of authorized officers have reason to believe is involved in activities limited or act contrary to the national interest or national security.
(2) Notwithstanding subsection (1), no transport disconnection, boarded cars, searched, examined or detained within the territorial sea if the transport route in the sea territories is sincere path.

(3) for the purposes of subsection (2), the path of a sincere if a transport route and transport routes as long as it is not prejudicial to the peace, good order or security of Malaysia.

(4) Notwithstanding any written law, for the purpose of subsection (3), the following activities shall be deemed to be prejudicial to the peace, good order and national security: (a) any threat or use of force against the sovereignty, territorial integrity or political independence of Malaysia or any act that in any way is a violation of the principles of international law;

(b) any use of or training with weapons of any kind;
Strategic trade 41 (c) of any act aimed at collecting information prejudicial to national security or defence;

(d) any act of propaganda aimed at affecting peace, national security or defence;

(e) the launching, landing or taking up any aircraft;

(f) launching, landing or taking up any military device;

(g) loading or loading of any commodity, currency or person contrary to customs law, finance, immigration or health;

(h) any act of pollution;

(i) any fishing activities;

(j) conduct of research or survey activities without permission;

(k) any act aimed at disrupting any communication system or for any other installation or facility in Malaysia; and (l) any other activity that has nothing to do directly with the password.


Power of investigation 29. (1) an authorized officer shall have all the powers necessary to carry out inspections and to investigate the Commission of any offence under this Act.

42 laws of Malaysia ACT 708 (2) without prejudice to the generality of subsection (1), for the purpose of investigation of any offence under this Act, a person authorized officers shall have all the powers that may be exercised by authorized officers under any written law and the criminal procedure code [Act 593].


Search and seizure without a warrant 30. For the purposes of this Act, if a person authorized officers have reason to believe that by reason of the delay in obtaining a search warrant investigation will be affected or evidence of the Commission of the offence may be interrupted, moved, defaced or destroyed, the authorized officer may, without warrant, enter any place, premises or transport and seize any goods or items not listed, or any former , packaging, transport or other things in it strategic items or items not listed is stored, saved or found, records, books, accounts, documents or computerised data.


Access to a place or premises 31. (1) an authorized officer shall at all times have access to any place or premises for the purpose of this Act.

(2) where any authorized officer to enter any place or premises in accordance with the provisions of this section, then — (a) he may require any person in it to produce any books, accounts or other documents, including computerized data, or other records, whether in print or electronic format, or items that are required to be kept by such person under the provisions of this Act;

Strategic trade 43 (b) he may inspect any books, accounts or other documents, including computerized data, or other records, whether in print or electronic format, facilities, equipment, equipment, device or thing and make copies of or take extracts from any book, account, document or the record;

(c) he may seize and detain any books, accounts or other documents, including computerized data, or other records,

whether in print or electronic format, facilities, equipment, equipment, device or thing that contains or is suspected of containing information reasonably required of any suspected offences have been committed under this Act;

(d) he may require any person therein or its employees to answer questions relating to — (i) any books, data, documents or other records, or article;

(ii) any entry in any book, data, documents or other records; or (iii) any article;

(e) he may require any containers, envelopes or other medium in any place or premises is opened;

(f) he may be at risk and expenses of any person therein open and examine any package, or any article or substance, in any place or premises that.

(3) If, by reason of the type, size or its recoverable amount, it is not practical to transfer any goods, books, accounts or other documents, including computerized data, or other records, either 44 laws of Malaysia ACT 708 in print or electronic format, seized under this section, the officer shall seize, in any way, prevent goods, books, accounts or other documents, including computerized data , or other records that in the place or premises or container in which it was found.

(4) if the authorized officer acting under the provisions of this Act do not get free access into any place or premises or for any container in the place or premises that, he may, at any time, enter into a place or premises that and open the container in such a way, if necessary with force, as he may deem necessary.

(5) If, upon entry into any place or premises under the provisions of this Act, any goods or items not listed found related to it any offence has been committed, then strategic items or items not listed may be dilucuthakkan.


Access to computerized data 32. (1) an authorized officers carrying out the search under this Act shall be given access to computerised data, whether stored in a computer or otherwise.

(2) in this section, "access" includes granted with passwords, encryption codes, encrypting code, software or hardware required and any other means required to enable an understanding of the computerized data.


Power search transport 33. (1) an authorized officer may — (a) ride any carriage;

Strategic trade 45 (b) requires ship masters, pilot, aircraft or person that controls any other transport to provide any information relating to transportation, cargo, stores, crew, passengers or the trip as it considers necessary;

(c) search all parts of the transportation of goods;

(d) examine all goods on the transport and all articles are loaded or lowered;

(e) requesting all documents that should be available on the transport; and (f) require all or any such document brought to him for inspection, and ship masters, pilot, aircraft or person that controls any other transport refused to allow authorized officers of the ride or search the transport, or refuse to provide any information or produce any document when requested to do so commits an offence and shall, on conviction, be punished by imprisonment for a term not less than three years or by a fine not less than one million dollars, or by both.
(2) if any place, box or box on the transport them locked and is not submitted, the authorized officers can break down any place, box or the box.

(3) where any article found hidden on any transport, the goods shall be deemed to be of strategic items.

Use of force 34. If force is required to enter any place, premises or transport, authorized officers that 46 laws of Malaysia ACT 708 implementing powers under this Act may use any force that is reasonable in the circumstances.


Items seized 35. If any goods or items not listed, and any containers, packaging, transport or other things in the venue of strategic items or items not listed is stored, saved or found, records, books, accounts, documents or computerised data seized, authorized officers who seize the goods shall prepare a list of items seized and immediately menghantarserahkan a copy of the list by him to the owner or person in charge of the place , premises or transport searched, or to agents or servants of the owner or the person, in a place, premises or transport it.


Power to arrest 36. Someone authorized officers may arrest without warrant any person who he reasonably have committed or is attempting to commit an offence under this Act.


Interception of communications 37. (1) Notwithstanding the provisions of any other written law, the public prosecutor may, if he is of the opinion that any information related to the purposes of any investigation of an offence under this Act relating to strategic goods, goods not listed or restricted activity likely contained therein, on the application of an authorized officer, authorize any officer authorised — strategic trade 47 (a) to bypass , hold and open any article post in transmission by post; or (b) to intercept, listen to and record any communications sent or received via any communication.

(2) when any person prosecuted for an offence under this Act relating to strategic goods, goods not listed or limited activities, any information obtained by an officer authorized pursuant to subsection (1), whether before or after the person is prosecuted, be admissible as evidence during his trial.

(3) Authorization by the Prosecutor under subsection (1) may be given either orally or in writing; But if

an oral authorization given, the Prosecutor shall, as soon as reasonably practicable, alter authorisation it into writing.

(4) a certificate by the Prosecutor stating that the action taken by an officer authorized pursuant to subsection (1) has been authorized by the public prosecutor under that subsection shall be conclusive evidence that such action has been given such power and such certificate admissible in evidence without proof of the signature of the Prosecutor.

(5) No person shall be subject to any duties, obligations or liabilities, or in any way compelled to disclose in any proceeding procedure, rules, arrangements or manner, or any matter relating thereto, of anything done under subsection (1).

(6) for the purposes of this section, "postal item" has the same meaning assigned to it in the postal services Act 1991 [Act 465].


48 laws of Malaysia ACT 708 power to require the attendance of the person who knew about the case of 38. (1) an authorized officer who is carrying out an investigation under this Act may by order in writing require the attendance before it of someone who in the opinion of the authorized officers aware of the circumstances of the case, and such person shall attend as so required.

(2) if that person is not present as required, the authorized officers can report the absence to a Magistrate who shall issue a warrant to secure the attendance of such person.


Examination of person who knew about the case of 39. (1) an authorized officer who is carrying out an investigation under this Act may examine orally any person is expected to find out the facts and circumstances of the case.

(2) such person shall during the inspection, disclose the information within his knowledge, or available to it, in respect of matters related to it he examined, and answer any questions asked to him with real and so far the best knowledge and his beliefs, and may not refuse to answer any question on the ground that it may tend to membabitkannya.

(3) a statement made by a person under this section shall, whenever possible, reduced to writing and signed by the person who made it or marked with cap head jarinya, as the case may be, after the statement was read out to him in a language which the statement was made by him and after he is given the opportunity to make any corrections he wanted.


Strategic trade 49 Offences in respect of information 40. (1) a person submitting false or misleading information in any application, report or other document for any purpose under this Act or the relevant law commits an offence and shall, on conviction, be punished by a fine not exceeding one million dollars or to imprisonment for a term not exceeding two years or to both, and in the case of a body corporate, punished by a minimum penalty of two million dollars.
(2) a person who — (a) provide or cause to be given to authorized officers of any particulars, information or a statement is false or misleading with respect to any matter that requires the officer given under this Act or the relevant law;
(b) refuses to answer or give a false answer to any question asked to him by an officer duly authorized for the purpose of obtaining any details, information or statement required to be given under this Act or the relevant law; or (c) are not or refuse to produce any documents required by authorized officers, commits an offence and shall, on conviction, be punished by a fine not exceeding one million dollars or to imprisonment for a term not exceeding two years or to both, and in the case of a body corporate, punished by a minimum penalty of two million dollars.

The disposal of strategic items and goods not listed seized 41. The controller shall after consultation with the Prosecutor, at any time it considers appropriate, order the 50 laws of Malaysia ACT 708 disposal of goods or goods not listed as well as any containers, packaging, transport or other things in it strategic items or items not listed is stored, saved or found, records, books, accounts, documents or computerised data seized subject to compliance with the following procedure : (a) an inventory stating the description, signs and other items that clearly identify the goods seized were prepared by authorized officers;

(b) a picture of the items seized had been taken in the presence of authorized officers, and officers authorized the picture's certifies that is true; and (c) a copy of any records, books, accounts, documents or computerised data seized properly certified by authorized officers.


Admissibility of evidence 42. Notwithstanding any other written law, the disposal of any article under section 41 shall not prejudice the trial of any person under this Act provided that the disposal of goods that have been made in accordance with that section and the Court shall receive inventory, photos and copies of the items seized are made, as the case may be, as representing the goods seized.


Forfeiture of strategic items and goods not listed when no prosecution 43. (1) if there is no prosecution or conviction in respect of any goods or goods not listed as well as any containers, packaging, transport or other things in it strategic items or items not listed is stored, saved or found, records, books, accounts, documents or computerised data seized in exercise of any power conferred on the strategic trade 51 this Act, goods shall be held for a period of one calendar month from the date of seizure and at the end of such period shall be deemed to have been dilucuthakkan, unless a claim in writing for him within it.


(2) a person who insists that he is the owner of any strategic items, items not listed, containers, packaging, transportation, objects, records, books, accounts, documents or computerised data seized under this Act and that the strategic items, items not listed, containers, packaging, transportation, objects, records, books, accounts, documents or computerised data shall not be dilucuthakkan can by himself or by his agent authorized in writing by him , notice to the authorized officer who made the seizure on the claim.

(3) where a notice under subsection (2) is received, authorized officers shall refer the matter to the Court of Session to disconnect.

(4) the Court to which the matter is referred to shall issue a summons requiring the person who pointed out that he is the owner of strategic items, items not listed, containers, packaging, transportation, objects, records, books, accounts, documents or computerised data and the person from whom it was seized to appear before the Court and when they attend or not attend, upon presentation of proper summons is proved, the Court shall continue to examine the matter , and when it is proved that an offence under this Act has been committed and that the strategic items, items not listed, containers, packaging, transportation, objects, records, books, accounts, documents or computerised data that matter is or was used in the Commission of that offence, shall order that strategic items, items not listed, containers, packaging, transportation, objects, records, books, accounts, documents or computerised data that dilucuthakkan or can , if there is no such evidence, ordered the release of strategic items, items not listed, containers, packaging, transportation, objects, records, books, accounts, documents or computerised data to the person who is entitled to it.
52 laws of Malaysia ACT 708 Cost holds strategic items and goods not listed seized 44. If any goods or items not listed, or any containers, packaging, transport or other things in it strategic items or items not listed is stored, saved or found, records, books, accounts, documents or computerised data seized under this Act held in the custody of the Government pending the settlement of any proceedings in respect of an offence under this Act, the costs to hold strategic items , items not listed, containers, packaging, transportation, objects, records, books, accounts, documents or computerised data that in custody shall, in the event that any person found guilty of an offence, being a debt due to the Government by the person and may be recovered accordingly.


There are no costs or damages arising from seizure can be retrieved 45. No person shall, in any proceedings before any court in respect of any goods or items not listed, or any containers, packaging, transportation, or other things in it strategic items or items not listed is stored, saved or found, records, books, accounts, documents or computerised data seized in the exercise or purported exercise of any power conferred under this Act entitled to the cost of such proceedings or to any damages or other relief unless the seizure is made without reasonable cause.


Obstacles of authorized officers 46. (1) No person shall hinder, menggalang or disrupted the authorized officers in the performance of its functions under this Act.

Strategic trade 53 (2) any person who contravenes subsection (1) commits an offence and shall, on conviction, be punished by a fine not exceeding five million ringgit or to imprisonment for a term not exceeding five years or to both.


PART VI GENERAL Exemption 47. The Minister may, by regulations, exempt — (a) any person or class of persons; or (b) any activity in respect of any goods of the type or description specified, of any provision of this Act, subject to such conditions as may be prescribed.


An initial prosecution 48. No prosecution for or in connection with any offence under this Act in relation to strategic items, items not listed or limited activities shall be instituted except by or with the consent in writing of the Prosecutor.


Offences by body corporate 49. If an offence against any provision of this Act has been committed by a body corporate, any person who at the time of the Commission of the offence was a Director, Manager, Secretary or other similar officer of the body corporate or is purporting to act on any such property, or by any other means or 54 laws of Malaysia ACT 708 up to any extent responsible for the management of any Affairs of the body corporate or assist in the management of such, shall be deemed to be guilty of such offence unless he proves that the offence was committed without the knowledge, consent or pembiarannya and that he has conducted all due diligence to avoid the Commission of the offence as he ought to run, taking into account the type of functions on the properties and all the circumstances.


Offence by employee or agent of 50. If any person under this Act shall be liable to any penalty or penalties for any act, omission, neglect or disbelief, that person shall be liable to the same punishment or penalty for every act, omission, neglect or default of any employee or his agent or employee of the agent, if the Act, omission, neglect or default of it was committed by an employee of that person within its employment , or by the agent while acting on behalf of that person, or by employees of the agent within the employee's employment with the agent or otherwise on behalf of the agent.


Notice for disclosure of information 51. (1) the controller or the relevant authorities can send a notice to any person the Controller or the appropriate authority believes on reason has information or documents relevant to the enforcement of this Act relating to strategic goods,

goods not listed or limited activities, to require the person submitting the information or document to the Controller or the relevant authorities.

(2) a person who receives a notice referred to in subsection (1) shall submit the information and documents requested to the Controller or the relevant authorities the strategic trade 55 in the prescribed form and within the time specified in the notice.

(3) any person who contravenes subsection (2) commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding two years or to both.


Information protected and confidential 52. (1) any information and documents obtained in accordance with this Act or by virtue of this Act relating to strategic goods, goods not listed or limited activities protected and confidential.

(2) Notwithstanding subsection (1), the information and documents referred to in subsection (1) are not protected or confidential if the information and documents that are required to disclosed or notified for the purpose of national interest, national security or under any written law.

(3) no native who holds information or documents protected or confidential can with knowledge, without the consent in writing of the person from whom the information or document is obtained, telling him or allow him to any person, or to allow any person to have access to it, except for the purpose of enforcement of this Act.

(4) Notwithstanding any other written law, no person shall be required, in connection with any legal proceedings, to produce any statement or other record or document that contains information that is protected or confidential, or to give evidence related to it, unless the proceedings in relation to the enforcement of this Act.


56 laws of Malaysia ACT 708 Protection Officer 53. No action or prosecution can be brought, instituted or maintained in any court against the guards, The authority or the authorized officer for or for or in respect of any action directed or performed for the purpose of implementing this Act if the act done in good faith and with a reasonable belief that it is necessary for the purposes for which it is intended to be achieved by it.


Government protection, etc. from liability 54. (1) the Government, the controller or the relevant authorities, as the case may be, is not required to bear any loss incurred in respect of any goods or items not listed due to fire, theft, damage or any other reason during the strategic items or items that are not listed in any of the customs warehouses or in his custody or control lawfully authorized officers unless the loss is due to deliberate neglect , or non-authorized officers.

(2) no authorized officers may be required to bear any loss incurred in respect of any goods or items not listed due to fire, theft, damage or any other reason during the strategic items or items that are not listed in any of the customs warehouses or in his custody or control lawfully authorized officers that unless the loss is due to deliberate neglect , or non-authorized officers that.


Regulations 55. (1) the Minister may make regulations as are necessary or expedient to give effect the full provisions of this Act.
Strategic trade 57 (2) without prejudice to the generality of subsection (1), regulations may be made — (a) to prescribe any forms for the purposes of this Act;

(b) to prescribe any information submitted for the purposes of this Act;

(c) to establish a procedure for the issuance of permits under this Act, including the creation of different classes of permits for different classes of goods;

(d) to establish a procedure for the registration of the broker under this Act, including the creation of a different broker classes for different classes of goods;

(e) to prescribe the form of end-user statement;

(f) to prescribe fees payable under this Act and a way to collect and manage the fee;

(g) to prescribe the form of the register required to be kept and maintained by the holder of the permit and registered brokers, including the particulars required to be recorded in the register;

(h) to provide for any matter, including a matter of enforcement, which under this Act is required or permitted to be prescribed or as are necessary or expedient to set.

(3) regulations made under this section or any subsidiary legislation made under this Act may be set for any act or omission which is berlanggaran with the regulations or subsidiary legislation to be an offence and may prescribe a penalty to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both.

58 laws of Malaysia ACT 708 Amendment Table 56. The Minister may, by order published in the Gazette, amend the schedule.


57. Savings and transitional (1) a person who is engaged in any activity relating to strategic goods or in any restricted activities immediately before the commencement of this Act and who intend to continue these activities during and after commencement shall, not later than three months from the date of coming into operation of this Act, apply to the controller or the relevant authorities for a permit or registration , whichever is required, under this Act.

(2) pending the decision of the Controller or the relevant authorities on application under subsection (1), the applicant shall be deemed to be authorised temporarily to pursue its activities under this Act for a period of three months from the date of coming into operation of this Act and no action can be taken against him as involved in without permit or registration during the period.

(3) Notwithstanding subsection (2), a person authorised in

under this section shall be for the purposes of this Act, comply with the requirements, duties and obligations of the person permit holder or registered broker.

(4) If a permit issued under section 16 or registration granted under section 19 by the controller or the relevant authorities, the applicant shall immediately take the necessary action to comply with any conditions imposed on the permit or registration, as the case may be required.

Strategic trade 59 (5) where the permit or registration rejected by the Controller or the relevant authorities, the applicant shall cease as deemed authorized under subsection (2) from the date he is notified of the decision of the Controller or the relevant authorities.







































60 laws of Malaysia ACT 708 TABLE [section 2] laws written law relating to the regulation of strategic items, items not listed and limited activities are as follows: 1. Act 1953 [Act 647] 2. Atomic Energy Licensing Act 1984 [Act 304] 3. Chemical weapons Convention Act 2005 [Act 641] 4. The Customs Act 1967 [Act 235] 5. The Pesticides Act 1974 [Act 149] 6. Plant quarantine Act 1976 [Act 167] 7. Act of prevention and control of infectious diseases 1988 [Act 342] 8. New Plant Variety Protection Act 2004 [Act 634] 9. The Poisons Act 1952 [Act 366] 10. Act Suruhanjaya Komunikasi dan Multimedia Malaysia 1998 [Act 589] 61 laws of MALAYSIA Act 708 STRATEGIC TRADE ACT AMENDMENTS to the LIST of laws that amend the short title effect from P.U. (A) 483/2010 strategic trade Order (Amendment of schedule) 2010 01-01-2011 62 laws of MALAYSIA Act 708 STRATEGIC TRADE ACT AMENDED SECTION LIST Section Power amend with effect from TABLE P.U. (A) 483/2010 01-01-2011