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REGISTRATION CLOSED : Invitation to Strategic Trade Management Training For Logistics Intermediaries (STM: LI) STA 2010
We are pleased to inform that the Strategic Trade Secretariat (STS), MITI (STS) will be organising a one (1) day training programme particularly for the forwarding agents and logistics companies on the Strategic Trade Management Training for Logistics Intermediaries (STM: LI) in Sepang, Selangor.
The programme aims to strengthen the knowledge and understanding of the forwarding agents and logistics companies on the Act and Regulations enforced under the Strategic Trade Act 2010 (STA 2010) [Act 708]. It particularly focuses on agents/ brokers as well as the logistics companies that are involved in the supply chain of strategic goods.
In this regard, we would like to extend the invitation to the forwarding agents and logistics companies that are appointed by your organisation that handles strategic items, to attend the program and to nominate a suitable candidate accordingly. The programme information are as follows:
| Date | : | 29 August 2024 (Thursday) |
| Time | : | 8:30 am – 5:00 pm |
| Venue | : | To be confirmed [TBC] |
This training is open to all logistics service providers and due to the limited number of seats, priorities are given to companies that are handling strategic items. The participation of the STM: LI training will be limited to 52 pax only, and a maximum number of one (1) pax is allocated for each company while additional seats (upon request) are subject to availability. While participation is free of charge, accommodation will not be provided and we appreciate no short notice of last-minute cancellations. We are also pleased to inform that participants will receive a certificate of attendance for the training.
Please refer to the tentative agenda for more information and kindly pre-register your interest via Google form (link: https://forms.gle/nATL8JWkWG3CwnNR6) latest by 5:00 pm, 16 August 2024 (Friday). Selection of participants shall be carried out by the STS MITI accordingly and an official invitation email shall be sent as confirmation by 23 August 2024 (Friday) with venue update.
Kindly contact the secretariat should you require more information:
Ms. Wan Azmilia Wan Hashim
Tel : +603 - 6208 4879
Email: wanazmilia@miti.gov.my
Ms. Farazila Sulaiman
Tel : +603 - 6208 4873
Email: farazila.sulaiman@miti.gov.my
Thank you and we are looking forward to your kind interest in the programme.
Strategic Trade Secretariat
12 August 2024
Announcement: Appointment of New Strategic Trade Controller effective 29 July 2024
Strategic Trade Secretariat (STS) is pleased to announce the appointment of Ms. Vimala Murugan as the new Strategic Trade Controller (STC) effective 29 July 2024. With her vast experience in shaping the international trade and industrial policy development of the Ministry, we believe that she will continue to provide her valuable insight and significant impact towards the implementation of the Strategic Trade Act 2010.
STS would also like to express our deepest appreciation to the previous STC, Mr. Syed Mohd Faizal Syed Mohd Dardin, for his outstanding contributions while assuming the post. Mr. Syed Mohd Faizal is now heading MITI Washington DC Office as Minister Counsellor (Economics) effective 28 July 2024.
We wish them both all the best in their new roles.
Thank you.
Strategic Trade Secretariat
1 August 2024
The educational videos are part of STS's efforts to provide a thematic and basic understanding of STA 2010, targeting industry, academia, financial institutions, intermediaries, related ministries or agencies, and the general public, to foster compliance with the Act. These videos will offer concise yet crucial information accessible via the MITI website and social media.
The Educational Videos will cover the following topic:
1. Overview of Strategic Trade Act (STA) 2010
2. Classification of Strategic Item
3. Intangible Technology Transfer
5. STA 2010 Penalties and Compound
Please visit MITI social media to view all the videos
Thank you.
Strategic Trade Secretariat
3 July 2024
Previous Announcements
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2010
About STA
MITI has established a Strategic Trade Secretariat (STS) on 1 August 2010 to coordinate the implementation of the Strategic Trade Act (STA) 2010.
STS is led by a Strategic Trade Controller to perform functions that include:
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to control and monitor the issuance of export/ transit / tranship permits and/or broker certificates and the use of strategic items and related matters;
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to provide advice to the Minister and the Government on matters relating to the STA 2010 and the development thereof and the implications of such developments for Malaysia;
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to establish, maintain and develop cooperation with other organizations relating to strategic trade;
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to implement the obligations arising from agreements, conventions or treaties relating to strategic trade to which Malaysia is a party where such agreements, conventions or treaties related to the STA 2010; and
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to implement, coordinate and ensure the development and growth of the industry sectors in Malaysia to grow in line with the Industrial Policies and the provisions of the acts and rules and regulations.
Any query pertaining to export control matters are to be referred to STS at admin.sts@miti.gov.my.
STA 2010 Background
The United Nations Security Council (UNSC) on 28 April 2004, adopted a resolution on non-proliferation of weapons of mass destruction (WMD) namely the United Nations Security Council Resolution 1540 (UNSCR 1540). The UNSCR 1540 states that all Member States shall take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical, or biological weapons and their means of delivery, including by establishing appropriate controls over related materials.
Malaysia, being one of the United Nations (UN) Members, is obliged to set up national export control relating to the items stated in the said Resolution while mitigating the national security threats. In light of this, the Cabinet agreed on 5 October 2005 that a comprehensive law and regulations on export of strategic goods be formulated since Malaysia’s current export control framework is not sufficient to govern the control on the strategic items which can contribute to proliferation of WMD.
In light of this, the Strategic Trade Act 2010 (“STA”) was drafted by the Attorney General’s Chambers and approved by the Cabinet on 26 March 2010. The STA was passed by the Dewan Rakyat on 5 April 2010 meanwhile Dewan Negara on 6 Mei 2010 and received Royal Assent on 2 June 2010. The STA was published in the Government Gazette on 10 June 2010 and is targeted for implementation on 1 October 2010.
Objective of the STA
The STA provides for control over the export, transshipment, transit and brokering of strategic items, including arms and related material, and other activities that will or may facilitate the design, development and production of WMD and their delivery systems.
Key Features of the STA
STA contains the essential elements relating to export control of strategic items and other activities as follows:
Preliminary Matters
I. Definitions of Expressions
The STA defines certain important expressions used in the Act as follows:
- permit - means a permit issued under the Act including a special permit;
- items - includes goods and technology;
- strategic items - means any item prescribed as strategic items prescribed under the section 7 of the STA;
- restricted activities means:
(a) any activity that support development, production, handling, usage, maintenance, storage, inventory or proliferation of any WMD and its delivery system; or
(b) participation in transactions with person engaged in such activities;
- unlisted items - means items that may be used in a restricted activity but are not prescribed as strategic items under section 7 of the STA
II. Transactions of Items under the STA
The following transactions of items are controlled by the STA:
- bring in transit - to bring items from any country into Malaysia by land, sea or air, where the items are to be taken out from Malaysia on the same conveyance on which they are brought into Malaysia or any other conveyance and whether or not such items are landed or transhipped in Malaysia, but does not include the passage through Malaysia in accordance with the international law of foreign conveyance carrying any items.
- brokering - the activity of a person who, either on his own behalf or acting as an agent on behalf of another person :
(a) negotiates, arranges or facilitate the purchasing, financing, conveying, sale or supply of items; or
(b) buys, sells or supplies such items
- export :
(a) to take or cause to be taken out of Malaysia any items by land, sea or air, or to place any items in a conveyance for the purpose of such items being taken out of Malaysia by land, sea or air; or
(b) to transmit technology by any means to a destination outside Malaysia, and includes any oral or visual transmission of technology by a communication device where the technology is contained in a document the relevant part which is read out, described or otherwise displayed over the communications device in such a way as to achieve similar result (“Intangible Technology Transfer”)
- tranship - to remove items from the conveyance on which they were brought into Malaysia and to place the items on the same or another conveyance for the purpose of taking them out of Malaysia where these acts are carried out on a through bill of lading, through airway bill or through manifest.
III. Prevailing Law
The STA is to be read with other written laws and be regarded as an addition to the other laws relating to the prevention of the WMD and their delivery systems. However, if there is any conflict or inconsistency between the STA and any other laws, the STA shall prevail to the extent of such conflict or inconsistency.
IV. Extra-territorial Jurisdiction
The STA will enable extra-territorial criminal jurisdiction to be claimed by Malaysia for offences under the STA which are committed outside Malaysia regardless the nationality of the offender.
Appointment and Powers of Strategic Trade Controller
I. Appointment
A Strategic Trade Controller (the Controller) and a Deputy Strategic Controller are appointed by the Minister of MITI from among public officers. These two officers are obliged under the STA to perform the functions and duties imposed and excercise the powers conferred under the STA.
The Controller is empowered by the STA to appoint any public officers and other officers to assist him in performing his functions under the Act. The STA is administered by MITI and the Controller will reside in MITI to regulate the STA.
II. Functions and Powers of the Controller
The Controller is required by the STA to perform the following functions:
- dealing with strategic items, unlisted items and restricted activities;
- issuing guidelines for the implementation of the STA;
- seeking assistance from any government, international organisation or person in the implementation of the STA; and
- doing anything incidental or conducive to perform its functions
The Controller is also granted with the necessary powers for the performance of his functions under the STA; and general direction and control of authorised officers for the purpose of regulating the STA
Control of Strategic Items, Unlisted Items and Restricted Activities
I. Control
The STA controls the transactions of the following items or activities:
- strategic items;
- unlisted items; and
- restricted activities
A definitive and comprehensive List of controlled strategic items will be put in place through the Ministerial Order. The List will be reflective of the items currently required to be controlled under the global export control regimes as well as the UNSCR 1540.
II. Export, Transhipment and Transit Controls
The STA requires a person to obtain a permit for the following transactions of strategic items:
- export;
- transhipment; or
- transit
A special permit is required for transactions of strategic items or unlisted items to a restricted end- user. However, any transaction of strategic items or unlisted items to a prohibited end-user is not allowed under the STA.
The restricted end–user and prohibited end-user are as the Strategic Trade (Restricted End-Users and Prohibited EndUsers) Order 2010.
III. Brokering Control
Brokering is controlled under the STA by way of registration. It means that a broker of any strategic / unlisted item is required to be registered under the STA before brokering any of the items.
A broker is required to hold a valid permit for brokering of strategic items if he:
- is notified by the relevant Authority or an authorised officer;
- knows; or
- has reasonable grounds,that such strategic items are intended or likely to be used, wholly or in part, for or in connection with a restricted activity.
IV. “Catch- All” Controls on Unlisted Items and Restricted Activities
The STA incorporates the “catch-all” provision to cover any unlisted items that will or may be used for a restricted activity. Under the STA, a person is required to notify the relevant
Authority of his intention to export any unlisted item at least 30 days before the carrying out of that export if:
- he is informed by the relevant Authority;
- otherwise knows; or
- has reason to believe,that the unlisted item will or may be used for a restricted activity.
The relevant Authority, upon such notification, shall decide whether or not to allow such export of the unlisted item. The approval of such export is subject to granting of a permit.
V. Offences and Penalties
The STA prescribes specific offences committed under the Act such as:
- export, transhipment or transit of strategic items wihthout a permit;
- export, transhipment or transit of strategic items or unlisted items to restricted end-user without special permit;
- export, transhipment or transit of strategic items or unlisted items to prohibited end-user;
- technical assistance for use in connection with restricted activity; and/or
- brokering without registration
In view of the seriousness of the repercussions of misuse of the strategic items and unlisted items for the purpose of restricted activities, commensurate penalty is provided for each of the offence under the STA.
For example, for the offence committed under the STA with the intent to unlawfully export, tranship or bring into transit of strategic items which are arms or related material without a permit; or with knowledge that such transaction without a permit is unlawful, and where death is the result of the act, the most severe penalty is:
- death; or
- imprisonment for life
If such offence is committed by a body corporate, a minimum fine of RM30 million shall be imposed.
Permit and Registration
I. Permit
The STA lays down that an application for a permit or a special permit for export, tranship or transit of the strategic items or unlisted items is to be:
- made to the relevant Authority in accordance with the regulations made under the Act; and
- accompanied with end-use statement and any additional documents if required
The relevant Authority has discretion either to grant or refuse to grant the permit and impose any conditions in granting the permit.
The permit granted can be suspended or revoked at any time by the relevant Authority on the following grounds:
- failure by the holder to comply with the STA any or conditions attached to the permit;
- improper or illegal obtaining of the permit;
- or on reason of national interest, national security or nonproliferation purposes
II. Registration of Brokers
The STA specifies that an application for registration of brokering of any strategic items is to be:
- made to the relevant Authority in accordance with the regulations made under the Act; and
- accompanied with any additional documents if required
The registration is valid for one year and can be suspended or revoked at any time by the relevant Authority on the following grounds:
- failure by the broker to comply with the STA any or conditions attached to the registration;
- improper or illegal obtaining of the registration; or
- on reason of national interest, national security or non-proliferation purposes
Enforcement
For the purpose of enforcing the STA, the authorised officers are empowered by the STA to do the following matters:
- investigation;
- arrest without warrant;
- search of conveyances;
- search and seizure without warrant;
- examination of a person acquainted with case;
- interception of communications;
- access to places/ premises;
- access to computerized data; and
- use of force
General Provisions
I. Exemption from the STA
The Minister of MITI has the power to exempt any persons, class of person or activity from the STA by way of regulations.
II. Prosecution
The STA provides that any offence committed under the Act can only be prosecuted by or with the written consent of the Public Prosecutor.
Conclusion
The STA is a centralized and comprehensive legislation on export controls relating to strategic items, unlisted items and restricted activities to enable Malaysia to contribute to the maintenance of international peace and security by combating the proliferation of WMD.
The STA is intended to protect Malaysia and Malaysian exporters from being exploited by proliferators and those that profit from their activities without compromising legitimate trade in the strategic items concerned.
A copy of the STA is available (upon subscription) at the http://www.lawnet.com.my/ lawnetPublic/ or you may purchase a printed copy from Percetakan Nasional Berhad
References
What are strategic items?
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The STA is implemented on a self-declaration basis - a manufacturer/exporter is in the best position to determine the specification and possible end-use of the product in order to obtain the most accurate Category Code of the Strategic Items. Please refer to our Frequently Asked Questions for more information.
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The description of the Strategic Items (and not the HS Code) should be given importance in classifying your product. If the description of your products matches the description provided in the Strategic Items list, then your products are considered as Strategic Items. The complete list of Strategic Items can be found here.
Examples of strategic items
How to classify?
Registration Process
Online Permit Application Process
Single Use Permit, Bulk Permit and Multiple Use Permit Application Work Flow
Special Permit (Online) Application Work Flow
Broker Registration Application Work Flow
Types of Permits
Delivery Verification Statement (DVS)
Directives
Guidelines
Internal Compliance Program (ICP) Guide
Internal Compliance Program (ICP) Checklist
Digital Certificate Token Activation Guide
Intangible Technology Transfer (ITT)
Articles
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Ensuring More Secure Trading Environment (New Straits Time - August 2, 2010)
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STA - Restriction or Facilitation? (The Star - September 30, 2010)
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New Trade Act in Force Next Year (New Straits Time - October 13, 2010)
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STA tingkat keyakinan pelabur (Utusan Malaysia - October 14, 2010)
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Balancing export controls and facilitating trade of strategic goods (The Edge Financial Daily - November 8, 2010)
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Strong Message Against WMD Trade (The Star - December 12, 2010)
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Strategic Trade Act 2010 ( New Sunday Times - January 2, 2011)
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Akta Perdagangan Strategik Berkuatkuasa Hari Ini (Utusan Malaysia - January 1, 2011)
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Strategic Trade Act 2010 to aid increase in FDIs (The Borneo Post - January 28, 2011) -
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No time frame set to explain strategic trade act to Malaysian exporters (The Star - March 22, 2012)
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Strategic Trade Act 2010 to increase international trade (The Borneo Post - March ,23 2012)
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Dangerous Complacency (The Borneo Post - September ,11 2012)
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Few takers for export permit for Strategic Trade Act items (The Star - September 11, 2012)
- APEC Boosts Business-Friendly Security Controls on Traded Goods (Tempo.Co - October 31, 2013)
Circulars
Slides Presentation
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Internal Compliance Programme (ICP) Enhancement Outreach (Northern Region) on 30 October 2019, Penang
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Internal Compliance Programme (ICP) Enhancement Outreach, Kuala Lumpur MITI - 17 October 2019
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Overview on STA 2010 @ PTP Community Outreach - 1 Oct 2018
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Introduction to Strategic Item @ PTP Community Outreach - 1 Oct 2018
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National Strategy Trade Symposium - 2 Aug 2018
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Strategic Goods Control and Customs Compliance (RMC) @ National Strategy Trade Symposium - 2 Aug 2018
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Singapore Strategic Trade Control @ National Strategy Trade Symposium - 2 Aug 2018
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STA (Amendments) 2017 Townhall Southern & Northern Region - 19 March 2018
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Joint Industry Outreach Seminar (Customs Procedures on Strategic Goods Controls) - 23 Jan 2018
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Joint Industry Outreach Seminar (Overview of Malaysia's Strategic Trade Control) - 23 Jan 2018
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Joint Industry Outreach Seminar (Implementing Intangible Technology Transfer in Malaysia) - 23 Jan 2018
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STA (Amendments) 2017 Townhall - 4 Dec 2017
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Joint Industry Outreach Seminar On Strategic Trade Management
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You can contact us via/ through:
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Email directly to the Secretariat at admin.sts@miti.gov.my
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Mailing Address
Strategic Trade Secretariat,
Ministry of International Trade and Industry,
No. 7, Menara MITI, Jalan Sultan Haji Ahmad Shah,
50480 Kuala Lumpur. -
For any enquiries regarding ePermit system application, please contact:
CARELINE - Customer Interaction Centre
Dagang Net Technologies Sdn Bhd
Tower 3, Avenue 5, The Horizon, Bangsar South
No 8, Jalan Kerinchi, 59200 Kuala Lumpur, Malaysia
Operation Hours: 24 hours daily (7 days a week)
Telephone: 1 300 133 133 / 03-4819 4800
Facsimile: 03-2713 2990
Email: careline@dagangnet.com -
Contact details of our Partner Licensing Agencies (MCMC/AELB/PSD)
Suruhanjaya Komunikasi dan Multimedia Malaysia (MCMC)
Bahagian Perdagangan Strategik
Emel : stad@cmc.gov.my
Tel : 03-86888000
Website : http://www.skmm.gov.my
Lembaga Pelesenan Tenaga Atom (AELB)
Bahagian Penilaian dan Perlesenan
Emel : afidah@aelb.gov.my | waniezainal@aelb.gov.my
Tel : 03-89225888
Website : http://www.aelb.gov.my
Bahagian Perkhidmatan Farmasi (PSD)
Emel : zurianiarina@moh.gov.my | ros.aimi@moh.gov.my
Tel : 03-78413200
Website : http://www.pharmacy.gov.my
Last Updated 2024-07-17 09:08:02 by Zul Aizat Tarmizi
