1. Application for permit/renewal of permit for export/transit/transhipment under Section 14 of the Strategic Trade Act 2010 must be accompanied with an end user statement in Form 5, in addition to other documents as prescribed in Regulation 10 of Strategic Trade Regulations 2010.

2. All applications shall be accompanied with the statutory form End-Use Statement (Form 5) according to the gazette format. Please refer to https://www.miti.gov.my/miti/resources/auto%20download%20images/557a56428918d.pdf

3. Subregulation 14(1) of the Strategic Trade Regulations 2010 states “…an end-use statement shall be in writing on the form containing at least all the elements and, in the order set out in Form 5”.  

   • The Form 5 shall be printed on the consignee/end-user letterhead with contact details such as registered address, telephone and fax number, webpage and other relevant information.

   • The consignee/end-user shall complete all the required information in Form 5 and must select the correct intended activity with information on the country of final destination.  Choosing ‘Others’ requires explicit details of the intended activity.   

   • The consignee/end user shall specify the details of the end-use or the industry /business activity involved accordingly, matches with the purpose or use of the item.

   • The Form 5 shall be undertaken by an authorised signatory with an inscribed signature (wet signature).

   • The consignee/end-user shall include the company official stamp/seal on the Form 5.  Please indicate a remark if the official stamp/seal is not available at the column, if applicable.

4. Pursuant to subsection 40(1) of STA 2010, a person who submits false or misleading information in any application, report or other document for any purpose under this Act or the related laws commits an offence and shall, on conviction, be punished with a fine not exceeding one million ringgit or with imprisonment for a term not exceeding two years or with both, and in the case of a body corporate, be punished with a fine not exceeding two million ringgit.

5. The consignee/end-user must complete the Form 5 for each application for permit/renewal of permit for export/transit/transhipment.  The reuse of the submitted Form 5 is not allowed as it may lead to false or misleading information under subsection 40(1) STA 2010.   

6. Following the amendment of subsection 14(2) of STA 2010 in relation to application for permit, flexibility* may be provided where an EUS is not available on a case to case basis.  Please notify the Controller in writing if flexibility is required.

*Note : The flexibility of EUS is not applicable to Special Permit application.

7. This notification shall take immediate effect.