Application of Act to permits and registration
Without prejudice to the general application of the related laws, for the purpose of strategic items, unlisted items and restricted activities regulated under this Act, the relevant Authority shall deal with the permits and registration required for such strategic items, unlisted items and restricted activities in accordance with the provisions of this Act.
Application for permit
(1) An application for a permit or special permit referred to in section 9 shall be made to the relevant Authority in accordance with the regulations made under this Act. (2) The relevant Authority may require the applicant who made an application under subsection (1) to submit an end-use statement. (3) An application under this section may be withdrawn at any time before it is granted or refused.
Additional documents or information
(1) The relevant Authority may, at any time after the receipt of an application under section 14 and before the application is determined, by a written notice, require the applicant to provide any additional documents or information to the relevant Authority within the period specified in the notice. (2) If the additional documents or information required under subsection (1) are not provided by the applicant within the period specified in the notice or any extended period granted by the relevant Authority, the application shall be deemed to be withdrawn and shall not be further proceeded with, but without affecting the right of the applicant to make a fresh application.
Grant or refusal of permit
(1) The relevant Authority may, after considering the application for a permit under section 14 and any additional documents or information provided under section 15 and being satisfied that all the requirements have been fulfilled, grant the permit or refuse to grant the permit. (2) The relevant Authority may impose such conditions as it considers appropriate in granting the permit. (3) Every permit granted under subsection (1) shall set out the duration of the permit. (4) The conditions imposed under the permit may at any time be varied or amended by the relevant Authority provided that the holder of the permit is given a reasonable opportunity of being heard. (5) The decision of the relevant Authority under this section shall be communicated to the applicant by written notice as soon as practicable. (6) The written notice by the relevant Authority under subsection (5) shall specify— (a) in the case where the permit is granted, the fact of such grant and the conditions, if any, imposed under subsection (2); and (b) in the case of a refusal to grant a permit, the fact of such refusal and the reason for the refusal. (7) The relevant Authority may renew any permit upon application.
Suspension and revocation of permit
(1) The relevant Authority may, at any time, suspend or revoke a permit if— (a) the holder of the permit has failed to comply with any provisions of this Act; (b) the holder of the permit has failed to comply with any conditions attached to the permit; (c) the holder of the permit had improperly or illegally obtained the permit; or (d) it is necessary for national interest, national security or non-proliferation purposes, and shall notify the holder of the permit within thirty days by a notice in writing that the permit has been suspended or revoked. (2) A suspension or revocation under subsection (1) shall remain in force until the holder of the permit has taken measures to the satisfaction of the relevant Authority to remove the reasons for such suspension or revocation. (3) For the purpose of paragraph (1)(d), the determination of what amounts to national interest and national security shall be made by the Minister and such determination shall be final and binding upon all persons and shall not be challenged, appealed against, reviewed, quashed or questioned in any court.
Unauthorized use of permit
(1) No person who is granted a permit under this Act shall allow it to be used by any other person. (2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding three years or with a fine not exceeding three million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding five million ringgit.
Registration of brokers
(1) An application for registration to carry out brokering of strategic items referred to in section 11 shall be made to the relevant Authority in accordance with the regulations made under this Act. (2) An application under this section may be withdrawn at any time before it is granted or refused. (3) The relevant Authority may, at any time after the receipt of an application under this section and before the application is determined, by a written notice, require the applicant to provide any additional documents or information to the relevant Authority within the period specified in the notice. (4) If the additional documents or information required under subsection (3) are not provided by the applicant within the period specified in the notice or any extended period granted by the relevant Authority, the application shall be deemed to be withdrawn and shall not be further proceeded with, but without affecting the right of the applicant to make a fresh application. (5) The relevant Authority may, after considering the application for registration and any additional documents or information provided under subsection (3) and being satisfied that all the requirements have been fulfilled, register the applicant or refuse registration. (6) Registration under this section shall be valid for a period of one year and shall be renewable upon application. (7) The relevant Authority may impose such conditions as it considers appropriate in granting the registration. (8) The conditions imposed upon the registration may at any time be varied or amended by the relevant Authority provided that the registered broker is given a reasonable opportunity of being heard. (9) The decision of the relevant Authority under this section shall be communicated to the applicant by written notice as soon as practicable. (10) The written notice by the relevant Authority under subsection (9) shall specify— (a) in the case where the registration is granted, the fact of such registration and the conditions, if any, imposed under subsection (7); and (b) in the case of a refusal of registration, the fact of such refusal and the reason for the refusal. (11) The relevant Authority may, at any time, suspend or revoke a registration if— (a) the registered broker has failed to comply with any provisions of this Act; (b) the registered broker has failed to comply with any conditions attached to the registration; (c) the registered broker had improperly or illegally obtained the registration; or (d) it is necessary for national interest, national security or non-proliferation purposes, and shall notify the registered broker within thirty days by a notice in writing that the registration has been suspended or revoked. (12) A suspension or revocation under subsection (11) shall remain in force until the registered broker has taken measures to the satisfaction of the relevant Authority to remove the reasons for such suspension or revocation. (13) For the purpose of paragraph (11)(d), the determination of what amounts to national interest and national security shall be made by the Minister and such determination shall be final and binding upon all persons and shall not be challenged, appealed against, reviewed, quashed or questioned in any court.
Disqualification for offences
Any court before which a person is convicted of any offence under this Act in connection with the export, transhipment or bringing in transit of strategic items or unlisted items or the brokering of strategic items may order that— (a) such person to be disqualified from holding or obtaining a permit under this Act or from being registered as a broker under this Act for life or for such period as the court considers appropriate; and (b) particulars of the conviction and of any disqualification to which the convicted person has become subject shall be notified to the Controller and shall be endorsed on any permit or registration held by the offender: Provided that, if the court considers appropriate, any disqualification imposed under this section may be limited to the export, transhipment, bringing in transit or brokering of the same class or description of strategic items or unlisted items, as the case may be, as the strategic items or unlisted items in respect of which the offence was committed.
Suspension of permit or registration upon disqualification
(1) Where a person who is disqualified by virtue of a conviction or order under this Act is the holder of a permit or a registered broker, as the case may be, such permit or registration shall be suspended as long as the disqualification continues in force. (2) A permit or registration suspended by virtue of this section shall during the time of suspension be of no effect. (3) If any person who under this section is disqualified from holding or obtaining a permit applies for or obtains a permit while he is so disqualified, or if any such person while he is so disqualified exports, tranships or brings in transit any strategic items or unlisted items, or if the disqualification is limited to the export, transhipment or bringing in transit of a particular class or description of strategic items or unlisted items, exports, tranships or brings in transit any strategic items or unlisted items of that class or description, that person commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years or with a fine not exceeding ten million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding twenty million ringgit. (4) If any person who under this section is disqualified from holding or obtaining registration as a broker applies for or obtains such registration while he is so disqualified, or if any such person while he is so disqualified carries out any act of brokering of any strategic items, or if the disqualification is limited to the brokering of a particular class or description of strategic items, carries out an act of brokering of any strategic items of that class or description, that person commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years or with a fine not exceeding ten million ringgit or with both, and in the case of a body corporate, be punished with a fine not exceeding twenty million ringgit. (5) A permit or registration obtained by such person disqualified as aforesaid shall be of no effect.
Application to remove disqualification
(1) A person who by virtue of a conviction or order under this Act is disqualified 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 his last application made under this section) apply to the court before which he was convicted or by which the order was made to remove the disqualification. (2) On an application being made under subsection (1), the court may, having regard to the character of the applicant, his conduct subsequent to the conviction or order, the nature of the offence and any other circumstances, either by order remove the disqualification from such date as the court may specify in the order or reject the application. (3) On an application being made under subsection (1), the court shall have regard to any representations that may be made by the Controller or any relevant Authority.
Endorsement on permit
(1) An order that the particulars of any conviction or of any disqualification to which the convicted person has become subject are to be endorsed on any permit or registration held by the offender shall, whether the offender is at the time a permit or registration holder or not, operate as an order that any permit or registration he may then hold or may subsequently obtain shall be so endorsed until he becomes entitled under this section to have a permit or registration issued to him free from any endorsement. (2) If any person whose permit or registration has been ordered to be endorsed applies for a permit or registration without giving particulars of the order, he 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, and any permit or registration so obtained shall be of no effect. (3) Where a court orders particulars to be endorsed on a permit or registration held by any person, or where, by a conviction or order of a court, a person is disqualified from holding or obtaining a permit or registration, the court shall send notice of the conviction or order to the Controller and order the person to surrender the permit or registration to the Controller for the necessary endorsement. (4) Where pursuant to a notice of the court referred to in subsection (3), the particulars to be endorsed on the permit or registration are included in the register maintained by the Controller under this Act, the endorsement shall be deemed to have been effected.
Maintenance of documents and register
(1) A person who is granted a permit or registered as a broker under this Act shall in relation to the strategic items or restricted activities— (a) maintain a register in such form as may be prescribed; and (b) keep all documents for such period as may be prescribed. (2) The register shall— (a) be kept solely for the purpose of entering such records and information as may be prescribed; (b) be kept up to date and in good order and condition; and (c) be kept for such period as may be prescribed. (3) The person referred to in subsection (1) shall make the register available for inspection as and when required by an authorized officer. (4) A person who contravenes subsection (1), (2) or (3) 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.
Registers
(1) The Controller shall keep and maintain a register of permit holders and registered brokers. (2) The registers shall be available to the public for inspection subject to such conditions as the Controller considers appropriate. (3) A copy or extract of any entry in the registers duly certified by the Controller shall be given to any person requiring the copy or extract upon payment of the prescribed fee. (4) The registers shall be conclusive evidence if any question arises as to whether any person holds a valid permit or is a registered broker under this Act.
Authorized officer
The following officers shall be authorized officers for the purpose of this Act and may exercise all the powers of enforcement: (a) any officer of customs; (b) any police officer; (c) any officer of the Malaysian Maritime Enforcement Agency; (d) any officer of the Malaysian Communications and Multimedia Commission; (e) any officer of the Atomic Energy Licensing Board; (f) any officer of the Pharmaceutical Services Division, Ministry of Health; (g) any officer of the Central Bank of Malaysia; (h) any officer of the Securities Commission Malaysia; (i) any officer of the Labuan Financial Services Authority; and (j) any other officers as determined by the Controller.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 4 July 2023 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).