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STRATEGIC TRADE ACT (STA) 2010 1 FACILITATING TRADE IN A SECURE TRADING ENVIRONMENT.

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Presentation on theme: "STRATEGIC TRADE ACT (STA) 2010 1 FACILITATING TRADE IN A SECURE TRADING ENVIRONMENT."— Presentation transcript:

1 STRATEGIC TRADE ACT (STA) FACILITATING TRADE IN A SECURE TRADING ENVIRONMENT

2 16 December 2010 MOHAMED SHAHABAR ABDUL KAREEM STRATEGIC TRADE CONTROLLER STRATEGIC TRADE SECRETARIAT 2 EUMCCI INFORMATION SESSION

3 THE ENACTMENT OF STA 2010 Cabinet approval – 26 March 2010 Parliament – 5 April 2010 (Dewan Rakyat) – 6 May 2010 (Dewan Negara) Royal Assent – 2 June 2010 Gazette – 10 June

4 technology goods FACILITATE OBJECTIVES OF STA WEAPONS OF MASS DESTRUCTION (WMD) & DELIVERY SYSTEMS design development production export transit transhipment brokering other activities CONTROL STRATEGIC ITEMS 4

5 STRATEGIC ITEMS Sensors and lasers Military items Marine Aerospace and Propulsion Materials processing Special materials and related equipment Electronics Computers Telecommunications and information security Navigation and avionics Nuclear materials, facilities and equipment 5

6 PREVAILING LAW STA 2010 Plant Quarantine Act 1976 Animals Act 1953 Prevention and Control of Infectious Diseases Act 1988 Atomic Energy Licensing Act 1984 Chemical Weapons Convention Act 2005 Poison Act 1952 Customs Act 1967 Protection of New Plant Varieties Act 2004 Pesticide Act 1974 conflict or inconsistency : STA shall prevail 6 Malaysian Communications and Multimedia Commission Act (1998)

7 PARTNER AGENCIES Licensing Ministry / Agencies: Ministry Of International Trade And Industry Malaysian Communication And Multimedia Commission Atomic Energy Licensing Board Pharmaceutical Division, Ministry Of Health Enforcement Agencies: Royal Malaysian Customs Royal Malaysian Police Malaysian Maritime Enforcement Agency 7

8 STRATEGIC TRADE ACT CONSULTATIVE COMMITTEE Focal point / Coordination Review / update policy / Regulation / Order Investigation / audit reports Outreach strategies and joint programs Coordinate capacity building programs with international donors Address implementation issues Enforcement 8

9 STA 2010 REGULATIONS AND ORDERS Strategic Trade Regulations 2010 Strategic Trade (Restricted End-Users and Prohibited End- Users) Order 2010 Strategic Trade (Strategic Items) Order 2010 forms payable fees procedures any matter, including enforcement Prescribing: 9

10 PERMIT SINGLE-USE : ONE-TIME PERMIT for a SINGLE COUNTRY / DESTINATION Valid for 6 months SPECIAL : end-user is RESTRICTED END-USER Valid for 1 year MULTIPLE- USE : multiple exports, transhipment or bringing in transit of the items for DIFFERENT COUNTRIES / DESTINATIONS Valid for 2 years BULK: MULTIPLE exports, transhipment or bringing in transit of items for a SINGLE COUNTRY / DESTINATION Valid for 2 years TYPES OF PERMITS 10

11 OFFENCES Export without a permit Export to restricted end- user without special permit Export to prohibited end- user Technical assistance for use in connection with restricted activity Brokering without registration 11

12 PENALTIES the most severe penalty is: death; or life imprisonment; or if such offence is committed by a body corporate, a minimum fine of RM30 million. 12

13 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 export IMPORTANT DEFINITIONS * items includes goods and technology 13

14 to transmit technology by any means to a destination outside Malaysia includes any oral or visual transmission of technology by a communication device export CONTINUED… INTANGIBLE TECHNOLOGY TRANSFER 14

15 to bring items from any country into Malaysia by land, sea or air where the items are to be taken out from Malaysia bring in transit 15 CONTINUED…

16 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 transhipment 16 CONTINUED…

17 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 brokering 17 CONTINUED…

18 18 IMPLEMENTATION TIMELINE 2 months 3 months 3 months(trial) Coordination meeting Establishment of online system Manpower from JPA Outreach / Publicity Outreach / Awareness Online Registration System development Capacity building Testing of system Gazette Regulations / Strategic Items / End User Recruitment of manpower Outreach / Awareness Testing of system Identify and address Bottlenecks System integration Outreach / Awareness Testing of system Identify and address Bottlenecks 1 Oct April July Aug 2010 Pre registration – Launch by YBM on 12 Oct 2010 Issue of Export Permits by all Government agencies 1 Jan 2011 Issue of Export Permits by AELB STA enforced Enforcement by AELB

19 REGISTRATION / PERMIT APPLICATION SINGLE / MULTIPLE-USE / BULK PERMIT CUSTOMS ONE SINGLE SYSTEM PRE-REGISTRATION PERMIT APPLICATION APPLICANT SINGLE / MULTIPLE-USE / BULK / SPECIAL PERMIT APPROVED REJECTED 19

20 REGISTRATION PROCESS FLOW DNT Registration for User ID and Password Get User ID and Password STA Registration Approved by MITI Key-in information Submit Application Get Digital Signature Token from DNT Permit Application Activation of Digital Signature 20

21 Manufacturers / exporters Local SMEs Traders Brokers Industry associations Consultants Freight forwarders Shipping agents Foreign missions Academicians/ researchers Government agencies OUTREACH 21

22 facilitate trade build investors confidence enhance national image international obligations (UNSCR 1540) protect exporters from being exploited contribute towards international peace and security BENEFITS 22

23 CHALLENGES 23 It is complex It is not business as usual It is implemented in phases

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