Jun 2011
Enforcement deadline approaches - Implementation roadmap and update
While different provisions of the Act come into operation on different dates, most came into operation on 1 January 2011 and now we are fast approaching the all important 30 June 2011 deadline after which full enforcement will "kick in".
To date, Malaysia's Strategic Trade Legislation consist of the following:
- Strategic Trade Act 2010 (STA)
- Strategic Trade Regulations 2010
- Strategic Trade (United Nations Security Council Resolution) Regulations
- Strategic Trade (Restricted End-Users and Prohibited End-Users) Order 2010
- Strategic Trade (Strategic Items) Order 2010
Roadmap:
1 Jan 2011
- STA comes into operation
- Strategic Trade Regulations and subsidiary legislation released
- Dagang-Net online service provider open for registration to use STA module
- Registration of Category 0 export licensees with Atomic Energy Licensing Board (AELB)
- Outreach programmes by authorities (mainly MITI) to facilitate compliance with STA
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1 Apr 2011 - 30 Jun 2011
"Soft" enforcement of STA:-
- Registration with Dagang-Net and export permit requirement for all exports of strategic / dual use items
New requirements
- Internal Compliance Programme mandatory for MITI’s consideration of issuance of bulk and multiple use permits
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Full enforcement by the Malaysian authorities commences on 1 July 2011. This means that by now, businesses with operations in Malaysia should already:
- be aware of the implications of the STA 2010 for your business, i.e. whether your business is affected;
- be registered as a Dagang-Net user of the STA module if your exports are regulated;
- have implemented a system for classifying and monitoring exports of controlled goods;
- have nominated a person in the organisation to take responsibility for compliance and interaction with the authorities; and
- have conducted training of key stakeholders in their organisation on, at the very least, the basics of strategic goods controls and their impact on the business.
Teething problems
There have been reports of problems with the permit application / processing module of the online system (Dagang-Net). The licensing authorities have advised license applicants to submit their application manually (by hand) in the interim.
