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OFFICIAL PORTAL OF THE

MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY

Strategic Trade Act (STA) 2010

Announcement: Appointment of New Deputy Strategic Trade Controller

The Strategic Trade Secretariat (STS) is pleased to announce Ms. Azrilah Abd Aziz as our new Deputy Strategic Trade Controller (DSTC) effective from 18 July 2022.

Ms. Azrilah was previously serving the Ministry of Entrepreneur and Cooperative Development since 2018, responsible for the Vendor Development Programme as well as Cooperative Strategic Development. Prior to that, she was with MITI since 2003 in various Divisions related to industrial development and international trade.  She was also attached to the Strategic Trade Secretariat in 2012-2017 whereby she was involved in the first review of the Strategic Trade Act (STA) 2010.

We are hopeful that her given experience and drive will support STS to grow further in facing the challenges of the implementation of STA 2010.

Thank you.

Sincerely,
Strategic Trade Secretariat
Ministry of International Trade and Industry
09 August 2022

 

 

Previous Announcements

2022

Pre-Registration For The Signer Of The End-Use Statement (Form 5)

We wish to inform that all STA-registered companies are required to pre-register the Signer of the End Use Statement (EUS) (Form 5) as the Contact Person of Importer during the submission of the pre-registration application for additional importer in the e-Permit STA system.

Companies are required to comply with this requirement, which will take effect from 01 July 2022. Any inconsistency or incomplete information pertaining to the contact person or importer will result in application rejection.

Please do not hesitate to contact admin.sts@miti.gov.my if you require further information on the requirement.

Strategic Trade Secretariat
Ministry of International Trade and Industry
22  June 2022

STA 2010: Strategic Trade (Compounding Of Offences) Regulations 2022

Kindly be advised that the Strategic Trade (Compounding Of Offences) Regulations 2022 will come into operation on Wednesday, 1 June 2022 through the enforcement of Federal Government Gazette P.U (A) 154 published on 10 May 2022. Following the introduction of the Regulations, any person handling strategic goods who commits an offence unintentionally may be imposed monetary penalties. An offer to the compound may be made at any time after the offence is committed.

A copy of the Regulations can be accessed through the link below: https://lom.agc.gov.my/act-view.php?type=pua&language=BI&no=P.U.%20(A)%20154/2022.

Further information/clarification on the Regulations can be obtained here; OR can be addressed to admin.sts@miti.gov.my.

Thank you.

Strategic Trade (Compounding Of Offences) Regulations 2022

The Strategic Trade Secretariat, MITI (STS) is organising a Town Hall Program to share updates, particularly on the enforcement of beginning 1 June 2022. STS will conduct the Town Hall sessions in respective locations throughout Malaysia to provide an overview of the Regulations.

More details..

Strategic Trade Secretariat (STS) Client's Day 2022

Please be informed that the STS Client's Day 2022 will be held virtually. This session is open to newly registered STA companies and to those who wish to know more about STA2010 or a refresher course for our existing companies.

More details..

2021

Announcement: Appointment of New Strategic Trade Controller

We are pleased to announce that Ms. Ellyza Mastura Ahmad Hanipiah has been appointed as the new Strategic Trade Controller (STC) effective from 20 September 2021 (Monday). All official correspondence should be addressed to the new STC. We would also like to extend our appreciation to the previous Controller, Mr. Kok Che Beng for his contributions to the organization. Mr. Kok has retired on 24 May 2021 (Monday).

STA 2010 : End-Use Statement (Form 5)

  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

More details..

STA 2010 : Strategic Trade (Strategic Items) List 2021

Kindly be advised that the Strategic Trade (Strategic Items) List 2021 will come into operation on Monday, 26 April 2021 through the enforcement of P.U (A) 159/2021 gazetted on 5 April 2021. The Strategic Trade (Strategic Items) List 2021 can be accessed via the link as follows:


Any inquiry on this matter can be addressed to admin.sts@miti.gov.my.

STA 2010 : 10th Anniversary Celebration and Conference

We are pleased to inform that the Ministry of International Trade and Industry (MITI), Strategic Trade Secretariat (STS) in collaboration with the U.S. Department of State, Export Control and Related Border Security Program (EXBS) and U.S. Department of Energy, National Nuclear Security Administration (NNSA) will be organising...

More details..

Strategic Trade Secretariat (STS) Client's Day 2021

Please be informed that the STS Client's Day 2021 will be held at MITI, Kuala Lumpur from 10:00 am to 12:00 noon. Due to Covid-19 pandemic, the briefing will be carried out virtually guided by...

More details..

2020

STA 2010 : Online form for Commodity Classification Assessment

In enhancing MITI’s service to provide trade facilitation for our stakeholders, applicant will be able to submit request for Commodity Classification Assessment online form via MITI portal.  For a seamless assessment process, applicant is required to enclose all the required information and documentation related to the export which includes Product Name, Product Technical Specification/Technical Drawings/MSDS, end use of the item, the end user(s) (importer), information on transit/transhipment (if any) and accompanied with picture/images of the commodity (if relevant).  The information provided is subject to verification and failure to submit the required documents shall result to incomplete application that cannot be processed.

The online submission for Commodity Classification Assessment will come into effect on 13 October 2020 (Tuesday).

Invitation to Participate at The 11th Secure Trade in APEC Region (STAR XI) Conference

Ministry of International Trade and Industry (MITI) in collaboration with Ministry of Foreign Affairs (MOFA) under the APEC-Counter Terrorism Working Group (CTWG) will be organising the 11th Secure Trade in APEC Region (STAR XI) Conference via online platform as follows:

Date  20th and 21st  October 2020 (Tuesday and Wednesday)
Time   8:15 a.m. – 1:00 p.m.
Agenda :   As attached


The conference aims to provide sharing on the risks of terrorism to the region, reinforce the importance...

More details..  

Strategic Trade Secretariat (STS) Client's Day 2020

Please be informed that our Client's Day that is scheduled on 21 October 2020 has now been changed to 18 November 2020 due some unforeseen circumstances. Any inconvenience caused is very much regretted.

  • 15 July 2020
  • 15 September 2020
  • 21 October 2020 is rescheduled to 18 November 2020

        For any queries, please drop us your email to our admin.sts@miti.gov.my

We are ready to meet stakeholders based on requests (subject to standard safety procedures as outlined by the Ministry of Health Malaysia).  We only cater small groups (not more than 15 persons in a session for physical meeting. If you are interested to learn more about the Strategic Trade Act 2010 or require information and assistance on export control related matters, please feel free to...

More details..  

Gentle Reminder Announcement for New ICP Checklist Submission - CMCO Related

We would like to refer to the initial Announcement on New ICP Checklist made on 16 January 2020 via MITI’s Website (https://www.miti.gov.my/index.php/pages/view/6031) and the second announcement dated 28 April 2020 via MITI’s website (https://www.miti.gov.my/index.php/pages/view/sta2010?mid=105), as well as the latest announcement as below.

2. Following the Conditional Movement Control Order (CMCO) as announced by YAB Prime Minister on 1 May 2020, most economic sectors are allowed to resume operations from 4 May 2020. We believe many offices have either resume operations in full or partially. In relation to the latest announcement made, we would..

More details..

Announcement for New ICP Checklist Submission

We would like to refer to the Announcement on New ICP Checklist made on 16 January 2020 via MITI’s Website (https://www.miti.gov.my/index.php/pages/view/6031) and the instruction for re-submission of ICP application incorporating the new elements based on the timeline provided via email icp.sts@miti.gov.my.

2. Following the Movement Control Order (MCO) as announced by the government beginning from 18 March 2020 due to..

More details..  

Invitation to Participate at the Malaysia Joint Industry Outreach Seminar 2020 on Strategic Trade Management

Pleased to inform that the Strategic Trade Secretariat (STS), Ministry of International Trade and Industry (MITI) in collaboration with The Export Control and Related Border Security (EXBS) Program, US Department of State will be organising the Malaysia Joint Industry Outreach Seminar 2020 on Strategic Trade Management. Details

Date

:

9 March 2020 (Monday)

Time

:

8:15 a.m. - 5:00 p.m.

Venue

:

St. Giles The Wembley Hotel Penang


The Outreach Seminar seeks to update the industry on the latest Strategic Trade Management developments in the region, and it also serves as a platform for the sharing of regulatory requirements...

More details..  

Announcement for New ICP Checklist

The Strategic Trade Secretariat (STS) is pleased to inform that after almost seven (7) years of implementation STS has undertaken a review in strengthening the implementation of Internal Compliance Programme (ICP). Three (3) new ICP elements will be introduced as follows:

  1. Transaction Screening;
  2. Corrective Action; and
  3. Intangible Technology Transfer (ITT).


2. Please be informed that all companies (existing ICP status companies and new applicants) are to adhere to the revised ICP Checklist in completing the pre-requisite and avail themselves for the facilitation of bulk and multiple-use permits under STA 2010.

3. The enforcement date of the revised ICP Checklist is on 1st February 2020. Please refer the documents (hyperlinked) below for further information and adherence:

  1. ICP Checklist;
  2. ICP Guide;
  3. ICP Application Flow Chart; and
  4. ITT Survey Form (with Endorsement).


More details..
 

2019

Announcement : 2019 Intangible Technology Transfers (ITT) Guideline

Please be informed that Research Institution, Academia and Relevant Industries may view the revised 2019 Intangible Technology Transfer (ITT) Guideline via the Resources link. 
Additional and enhance contents are as follows:

  • Brief introduction note
  • Elaboration on ITT
  • Internal Compliance Programme for ITT
  • Additional FAQ
  • Pre-screening tool


STA 2010 : Reminder : Submission of Delivery Verification Statement (DVS)

Please be informed that under the Regulation 10 (7) (c), 11 (7)(c), 12 (7)(c) and 13(4)(c) of the Strategic Trade Regulation 2010, the Delivery Verification Statement (DVS) in Form 6 is required to be submitted to the relevant Authority by the permit holder or its authorised representatives.

  • for single use/special permit, not later than 2 months from the date of export/bringing in transit/transhipment, unless otherwise authorised by the relevant Authority; or
  • for bulk/multiple-use permit, upon request by the relevant Authority.
     

Failure to complete and return the form with required verification (s) may subject you to prosecution and other enforcement action under the Strategic Trade Act 2010.

The Strategic Trade (Amendment of Schedule) Order 2019

Please be informed that the Strategic Trade (Amendment of Schedule) Order 2019 has been published in the Federal Government Gazette Ref P.U. (A) 13/2019 and the effective date is 15 January 2019. It can be accessed via the link below:-

http://www.federalgazette.agc.gov.my/outputp/pua_20190114_PUA13.pdf ”

Strategic Trade Secretariat (STS) Client's Day 2019

Please be informed that the Strategic Trade Act (STA) 2010 Briefing Session @STS Client's Day 2019 will be held at MITITower, Kuala Lumpur, from 10.00 am to 12.00 noon

More details..

2018

The Strategic Trade (Strategic Items) (Amendment) Order 2018

Please be informed that the Strategic Trade (Strategic Items) (Amendment) Order 2018 has been published in the Federal Government Gazette Ref. P.U.(A) 263/2018. It can be accessed via the link below:

https://lom.agc.gov.my/ilims/upload/portal/akta/outputp/pua_20181015_PUA263.pdf


Materials presentation from the National Strategic Trade Symposium 2018

Please be informed that materials presentation from the symposium can be found here.


National Strategic Trade Symposium 2018

Please be informed that the Ministry of International Trade and Industry, (MITI) Malaysia in collaboration with the Export Control and Border Security (EXBS) together with the U.S. Department of Energy (DOE) will be organising an export control program as per details below:

Date : 2 August 2018 (Thursday)
Time : 8.30 a.m - 5.00 p.m
Venue : Grand Millennium Hotel Kuala Lumpur

More details..


Circular of Directive on Implementation of Targeted Financial Sanctions Relating to PF

Please be informed that the Circular of the Controller of Strategic Trade No.1/2018 on the Directive on Implementation of Targeted Financial Sanctions relating to Proliferation Financing has come into force on 13 April 2018 and it can be accessed via the links; Circular of Directive on Implementation of Targeted Financial Sanctions Relating to PF and Directive TFS on PF.


Strategic Trade (UNSCRs) (Amendment) Regulations 2018

Please be informed that Strategic Trade (UNSCRs) (Amendment) Regulations 2018  has been published in the Federal Government Gazette Ref.P.U.(A) 78/2018. The Regulations come into force on 16 March 2018 and it can be accessed via the links below:

http://www.federalgazette.agc.gov.my/outputp/pua_20180315_P.U.%20(A)%2078.pdf
 

Strategic Trade Act (Amendments) 2017 Townhall, Southern Region

Please be informed that the Strategic Trade Secretariat (STS), Ministry of International Trade and Industry (MITI) will be organising the Townhall Session on Srategic Trade Act (Amendment) 2017 for Southern Region, as per the details below:

Date : 19 March 2018 (Monday)
Time : 8.30 am - 1.30 pm
Venue : Orchid 2
Thistle Hotel Johor Bahru

Johor


More details..
 

Strategic Trade Secretariat (STS) Client's Day 2018

Please be informed that the Strategic Trade Act (STA) 2010 Briefing Session @STS Client's Day 2018 will be held at MITI Tower, Kuala Lumpur, from 10.00 am to 12.00 noon as per the schedule below:

BIL. MONTH DATE

1.

February

21.02.2018 (Wednesday)

2.

April

25.04.2018 (Wednesday)

3.

June

27.06.2018 (Wednesday)

4.

August

29.08.2018 (Wednesday)

5.

October

31.10.2018 (Wednesday)


More details..
 

Strategic Trade Act (Amendments) 2017 Townhall, Northern Region

Please be informed that the Strategic Trade Secretariat (STS), Ministry of International Trade and Industry (MITI) will be organising the Townhall Session on Srategic Trade Act (Amendment) 2017 for Northern Region, as per the details below:

Date : 12 February 2018 (Monday)
Time : 8.30 am - 1.30 pm
Venue : The Royale Ballroom, Ground Floor
Royale Chulan Penang
No. 1 & 2, Pengkalan Weld
10300 George Town
Penang


The objective of the townhall is to share and update the industries on...

More details..
 

Joint Industry Outreach Seminar on Strategic Trade Management

Please be informed that the Ministry of International Trade and Industry, (MITI) Malaysia in collaboration with the Ministry of Economy, Trade and Industry, (METI) Japan will be organising an export control seminar as per details below:

Date : 23 January 2018 (Tuesday)
Time : 8.30 a.m - 3.30 p.m
Venue : Intercontinental Kuala Lumpur


The seminar is intended to promote better compliance of export control and effective...

More details..

2017

Strategic Trade Act (Amendments) 2017 Townhall

Please be informed that the Strategic Trade Secretariat (STS), Ministry of International Trade and Industry (MITI) will be organising the Townhall Session on Srategic Trade Act (Amendments) 2017 for Central Region...

More details..
 

Strategic Trade Items Finder Mobile Apps

Click here to download Strategic Trade Items Finder Mobile Apps

 

Strategic Trade (Amendment) Act 2017

Please be informed that the Strategic Trade (Amendment) Act 2017 [Act A1537] has been published in the Federal Government Gazette Ref.P.U.(B) 433/2017.
The Act comes into operation on 8 September 2017 and can be accessed via the links below:
http://www.federalgazette.agc.gov.my/outputaktap/aktaBI_20170621_WJW008723BI.pdf
http://www.federalgazette.agc.gov.my/outputp/pub_20170907_P.U.%20(B)%20433.pdf

The previous Strategic Trade Act 2010  [Act 708] can be accessed at the link below:
http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20708%2028_4_2015.pdf

The application of provisions related to Compounding of Offences will be notified in due course.

 

PDK 2017 Customs Crisis Centre

Should companies encounter any issues with PDK 2017, please contact:

1. Customs Crisis Center: 03.8311.1551/1552/1553/1554 or pdk2017@customs.gov.my
2. Customs Call Center: 03.7806.7200/ ccc@customs.gov.my/ http://www.customs.gov.my
 

Strategic Trade (Strategic Items) (Amendment) Order 2017

Please be informed that the Strategic Trade (Strategic Items) (Amendment) Order 2017 has been published in the Federal Government Gazette Ref.P.U.(A) 90/2017. It can be accessed via the link below:
http://www.federalgazette.agc.gov.my/outputp/pua_20170331_P.U.(A)90.pdf
 

News

1. Malaysia-EU FTA Set To Boost Total Trade by 20%-30%
2. Malaysia-EU FTA Set To Increase Total Trade By 20-30pc
 

Intangible Technology Transfer (ITT) Guidelines

Kindly find attached the ITT Guidelines for the purpose of ensuring that control is exercised over ITT of both dual-use and conventional weapons technology and promoting Internal Compliance Programme (ICP) to be adopted by institutions/entities as guidance.......

More details..
 

Strategic Trade Secretariat (STS) Client's Day 2017

Please be informed that the Strategic Trade Act (STA) 2010 Briefing Session @STS Client's Day 2017 will be held at MITI Tower, Kuala Lumpur, from 10.00 am to 12.00 noon.......

More details..

2016

Lantikan Pengawal Baru

Please be informed that Mr. Faizal Mohd Yusof has been appointed as the new Strategic Trade Controller (STC) effective from 11 November 2016.......

More details..
 

Strategic Trade (Restricted End-Users And Prohibited End-Users) (Amendment) Order 2016

Please be informed that the Strategic Trade (Restricted End-Users and Prohibited End-Users) (Amendment) Order 2016 (2016 Order) was published in the Federal Gazette of Malaysia on 20 June 2016 and comes into operation on 21 June 2016.....

More details..
 

Customs Clearance Procedures For Exports, Transits, Transhipments And Brokering Of Aircraft Parts And Components

Please be informed that a letter clarifying the Customs clearance procedures for exports, transits, transhipments and brokering of aircraft parts and components under the Strategic Trade Act 2010 (STA) has been issued to the Airfreight Forwarders Association of Malaysia (AFAM). All relevant companies and industries are to refer to the guidelines issued here.

2014

Strategic Trade (Restricted End Users And Prohibited End Users) (Amendment) (No. 2) Order 2014

Please be informed that the Strategic Trade (Restricted End Users And Prohibited End Users) (Amendment) (No. 2) Order 2014 [P.U.(A) 313/2014  was published in the Federal Government Gazette on 20 November 2014 and comes into operation on 21 November 2014.  This Order provides for the addition of one entity from the Democratic People's Republic of Korea (DPRK) to Part 2 of the Second Schedule of the Restricted End Users and Prohibited End Users under the Strategic Trade Act 2010. Details can be obtained here.

20 November 2014

Strategic Trade Controller
Strategic Trade Secretariat  
Ministry Of International Trade & Industry
Malaysia
 

Implementation Of Targeted Financial Sanctions Related To Prevention, Suppression And Disruption Of Proliferation Of Weapons Of Mass Destruction

Background

1. The United Nations Security Council (UNSC) has imposed certain measures relating to prevention, suppression and disruption of proliferation of weapons of mass destruction (WMD) and its finance via specific resolutions such as  resolutions 1737 (2006), 1718 (2006) and their successors. One of these measures is targeted financial sanctions related to proliferation of WMD.

2. The targeted financial sanctions related to proliferation of WMD consist of:

a. freezing of  property of a designated person (individual and entity) listed under the UNSC sanction lists, as well as any person owned or controlled by that person, or any person acting on behalf of, or at the direction of that person; and

b. prohibition against making such property available to or for the benefit of the aforementioned persons.


More details..


Strategic Trade (Restricted End Users And Prohibited End Users) (Amendment) Order 2014

Please be informed that the Strategic Trade (Restricted End Users And Prohibited End Users) (Amendment) Order 2014 [P.U. (A) 88/2014] has been published in the Federal Government Gazette on 4 April 2014 and comes into operation on 7 April 2014. This Order provides for additional list of Restricted End Users and Prohibited End Users under the Strategic Trade Act 2010. Details can be obtained here.

4 April 2014
Strategic Trade Controller
Strategic Trade Secretariat
Ministry Of International Trade & Industry
Malaysia
 

Strategic Trade (Strategic Items)(Amendment) Order 2014

Please be informed that the Strategic Trade (Strategic Items) (Amendment) Order 2014 [P.U. (A) 60/2014] has been published in the Federal Government Gazette on 28 Februari 2014. This Order comes into operation on 1 April 2014. The new Schedule of Strategic Items is as per Lampiran A.

2. Permits issued under the Strategic Trade (Strategic Items) Order 2010 [P.U. (A) 485/2010] are still valid and in force until the validity period of the permits expire. The Strategic Trade (Strategic Items) (Amendment) Order 2014 will only be enforced for permit applications received on or after 1 April 2014.

1 March 2014
Strategic Trade Controller
Strategic Trade Secretariat
Ministry Of International Trade & Industry
Malaysia

2013

Appointment Of New Controller

Please be informed that, with effect from 27 June 2013, Mr. Muthafa Yusof is appointed as the new Strategic Trade Controller (STC) as Mr. Mohamed Shahabar Abdul Kareem, the former STC, has been promoted to head another Division in MITI.

Mr. Muthafa Yusof can be contacted at:

Telephone: 03-6200 0516
Email : muthafa@miti.gov.my
Fax : 03- 6205 2264

2012

Circular On Movement Of Strategic/ Unlisted Items Between Principal Customs Area And A Free Zone, Labuan, Langkawi Or Tioman Effective 27 March 2012

Please be informed that a Circular regarding movement of strategic goods/ unlisted items between Principal Customs Area and Free Zones, Labuan, Langkawi or Tioman can be obtained here.
 

Circular On The Implementation And Permit Validation Under The Strategic Trade Act 2010 (STA) Through ePermit System And Sistem Maklumat Kastam (SMK)

Please be informed that beginning 1 March 2012, SMK will validate STA Permits. A copy of the Circular can be obtained here.

2011

Circular On The Amendments To The Strategic Trade Regulations 2010 (P.U.(A)482/2010) Effective 9 December 2011

Please be informed that there were amendments to the Strategic Trade Regulations 2010 which came into force on 1 December 2011. A copy of the Circular can be obtained from here.

2010

Online Permit Application Under The Strategic Trade Act (STA) 2010

Effective 1 July 2011, online application* for all permits under the Strategic Trade Act (STA) 2010 have to be made via www.mytradelink.gov.my.

* Prior to permit application, online registration is required.Further information on the process flow of registration and permit application is available at MITI's website
 

Strategic Trade Act 2010, Regulations And Orders

Kindly be informed that:

A copy of the Strategic Trade Act 2010, Regulations and Orders can be purchased from:

Kedai Buku
Percetakan Nasional Berhad
Jalan Chan Sow Lin
50554 KUALA LUMPUR

Tel No. : 03-9236 6912, 03-9236 6913
Fax No.: 03-9223 0397

It is also available upon subscription at http://www.lawnet.com.my/lawnetPublic/ Compilation of STA 2010, Regulations and Orders published by the Attorney General's Chambers (AGC) Malaysia is also available and can be purchased by the public.

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: 

  • to control and monitor the issuance of export/ transit / tranship permits and/or broker certificates and the use of strategic items and related matters; 

  •  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; 

  •  to establish, maintain and develop cooperation with other organizations relating to strategic trade;

  • 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 

  • 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 (UNCSR 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?

  • 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.

  • 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)

Larger view

Guidelines

Internal Compliance Program (ICP) Guide

Internal Compliance Program (ICP) Checklist

Digital Certificate Token Activation Guide

Intangible Technology Transfer (ITT)

Articles

  1. Ensuring More Secure Trading Environment (New Straits Time - August 2, 2010)

  2. STA - Restriction or Facilitation? (The Star - September 30, 2010)

  3. New Trade Act in Force Next Year (New Straits Time - October 13, 2010)

  4. STA tingkat keyakinan pelabur (Utusan Malaysia - October 14, 2010)

  5. MITI Weekly Bulletin (Volume 113) - 20 October 2010

  6. Balancing export controls and facilitating trade of strategic goods (The Edge Financial Daily - November 8, 2010)

  7. Strong Message Against WMD Trade (The Star - December 12, 2010)

  8. Strategic Trade Act 2010 ( New Sunday Times - January 2, 2011)

  9. Akta Perdagangan Strategik Berkuatkuasa Hari Ini (Utusan Malaysia - January 1, 2011)

  10. Strategic Trade Act 2010 to aid increase in FDIs (The Borneo Post - January 28, 2011) -

  11. No time frame set to explain strategic trade act to Malaysian exporters (The Star - March 22, 2012)

  12. Strategic Trade Act 2010 to increase international trade (The Borneo Post - March ,23 2012)

  13. Dangerous Complacency (The Borneo Post - September ,11 2012)

  14. Few takers for export permit for Strategic Trade Act items (The Star - September 11, 2012)

  15. APEC Boosts Business-Friendly Security Controls on Traded Goods (Tempo.Co - October 31, 2013)

Circulars

Directives

Slides Presentation

  1. Internal Compliance Programme (ICP) Enhancement Outreach (Northern Region) on 30 October 2019, Penang

    1. Internal Compliance Programme Enhancement

    2. STA Amendments - Compounding of Offences

    3. Intangible Technology Transfer (ITT)

    4. Industry4WRD

  2. Internal Compliance Programme (ICP) Enhancement Outreach, Kuala Lumpur MITI  - 17 October 2019

    1. Strategic Trade Act (STA) 2010 : Intangible Technology Transfer

    2. Strategic  Trade (Compounding Of Offences) Regulations 2020

    3. Internal Compliance Programme (ICP) Enhancement

    4. Industry4WRD - National Policy on Industry 4.0

  3. Overview on STA 2010 @ PTP Community Outreach - 1 Oct 2018

  4. Introduction to Strategic Item @ PTP Community Outreach  - 1 Oct 2018

  5. National Strategy Trade Symposium - 2 Aug 2018

  6. Strategic Goods Control and Customs Compliance (RMC) @ National Strategy Trade Symposium - 2 Aug 2018

  7. Singapore Strategic Trade Control @ National Strategy Trade Symposium - 2 Aug 2018

  8. STA (Amendments) 2017 Townhall Southern & Northern Region - 19 March 2018

  9. Joint Industry Outreach Seminar (Customs Procedures on Strategic Goods Controls) - 23 Jan 2018

  10. Joint Industry Outreach Seminar (Overview of Malaysia's Strategic Trade Control) - 23 Jan 2018

  11. Joint Industry Outreach Seminar (Implementing Intangible Technology Transfer in Malaysia) - 23 Jan 2018

  12. STA (Amendments) 2017 Townhall - 4 Dec 2017

  13. STA Consultation Day Slides 2016

  14. APEC Conference

  15. Joint Industry Outreach Seminar On Strategic Trade Management

  16. ICP Workshop - Overview and ICP

  17. ICP Workshop Audit

  18. ICP Workshop Record Keeping

  19. ICP Management Commitment

  20. Penang Outreach - ICP Screening & Training

Gallery

Gallery 2020

March

Joint Industry Outreach Seminar 2020 on Strategic Trade Management - 9 March 2020

February

Training for Freight Forwarding Agent (FFA) by Strategic Trade Secretariat (STS) in Collaboration with Saferworld - 24-25 February 2020

Gallery 2018

April

Investigation & Enforcement Workshop – 03 to 04 April 2018 in MITI Headquarters, KL

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March

Enterprise Outreach (EO) Seminar for Freight Forwarders – 29 Mar 2018 in Kuala Lumpur

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National Enterprise Outreach (NEO) Workshop for Government and Industry – 2 to 28 Mar 2018 in Kuala Lumpur

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STS Visit to Pelabuhan Tanjung Pelepas (PTP)  – 20 Mar 2018 in Johor

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February

EUP2P Training Session on Licensing Procedures and Processes  – 26 Feb to 1 Mar 2018 in Kuala Lumpur

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STS Visit & Audit  – 13 Feb 2018 in Penang

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Gallery 2017

December

Meeting of the Strategic Trade Action Committee (STAC) No.27/ Bil.3/ 2017 – 4 Dec 2017 at MITI

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November

Commodity Identification Training (CIT) – 28-30 Nov 2017 at Putrajaya

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STS Outreach Program to DHL Express (M) Sdn Bhd – 9 Nov 2017 at Kuala Lumpur

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STS Factory Visit to SGL Carbon – 21 Nov 2017 at Selangor

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October

STS Visit & Audit – 9-11 Oct 2017 at Johor

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Strategic Trade Act Lab – 11-13 Oct 2017 at Melaka

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July

Commodity Identification Training (CIT) – 11-13 Jul 2017 at Kedah

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You can contact us via/ through:

  • Email directly to the Secretariat at admin.sts@miti.gov.my

  • Mailing Address

    Strategic Trade Secretariat,
    Ministry of International Trade and Industry,
    No. 7, Menara MITI, Jalan Sultan Haji Ahmad Shah,
    50480 Kuala Lumpur.

  • Contact Us Form

  • 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 2022-05-13 16:17:00 by Azuna Hasbullah atau Abd Rahman

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CONTACT US
Ministry of International Trade and Industry
Menara MITI, No.7,
Jalan Sultan Haji Ahmad Shah,
50480 Kuala Lumpur, Malaysia.
Tel: 603-8000 8000 | Fax: 03-6026 4693
Email: webmiti[@]miti.gov.my
 
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