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UPDATES TO MALAYSIAN STRATEGIC CONTROLS ‘Driving Transformation, Powering Growth’ Joint Industry Outreach Seminar on Strategic Trade Management |3 December 2018 |Singapore Presented by Ellyza Mastura Ahmad Hanipiah Strategic Trade Secretariat, MITI Kuala Lumpur ‘Facilitating Trade in a Secure Trading Environment’

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Page 1: ‘Driving Transformation, Powering Growth’ UPDATES TO ......INTERNATIONAL TRADE AND INDUSTRY Review of Legislation, Regulations and Others 11 Strategic Trade (Restricted End-Users

UPDATES TO MALAYSIAN STRATEGIC CONTROLS

‘Driving Transformation, Powering Growth’

Joint Industry Outreach Seminar on Strategic Trade Management |3 December 2018 |Singapore

Presented by Ellyza Mastura Ahmad Hanipiah

Strategic Trade Secretariat, MITI Kuala Lumpur

‘Facilitating Trade in a Secure Trading Environment’

Page 2: ‘Driving Transformation, Powering Growth’ UPDATES TO ......INTERNATIONAL TRADE AND INDUSTRY Review of Legislation, Regulations and Others 11 Strategic Trade (Restricted End-Users

MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY

Table of Contents

2

Regulations & Orders

Overview

Current and Future efforts

Page 3: ‘Driving Transformation, Powering Growth’ UPDATES TO ......INTERNATIONAL TRADE AND INDUSTRY Review of Legislation, Regulations and Others 11 Strategic Trade (Restricted End-Users

Overview

Page 4: ‘Driving Transformation, Powering Growth’ UPDATES TO ......INTERNATIONAL TRADE AND INDUSTRY Review of Legislation, Regulations and Others 11 Strategic Trade (Restricted End-Users

MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY

HOW STA 2010 Started

4 Facilitating Trade in a Secure Trading Environment

International Level

• United Nation Security Council Resolution 1540 (UNSCR 1540)

National Level

• Strategic Trade Act 2010 (STA 2010)

Ministerial Level

• Strategic Trade Secretariat, Ministry of International Trade & Industry

Page 5: ‘Driving Transformation, Powering Growth’ UPDATES TO ......INTERNATIONAL TRADE AND INDUSTRY Review of Legislation, Regulations and Others 11 Strategic Trade (Restricted End-Users

MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY

The TEAM

5 Facilitating Trade in a Secure Trading Environment

- focal point for STA 2010,

custodian of Law

- responsible for overall

strategic trade management

- maintains online system,

- licensing, issues policy,

guidelines, SOP, conducts

outreach, ICP approval,

- Leads audit and

interdiction teams

licensing on behalf of Secretariat for items related to expertise

abide by

guidelines, SOPs, KPIs issued by Secretariat

has authority over items not covered under STA

- all cases referred to Secretariat

- no unilateral

actions

- final decision on the strategic nature of item is made by the Secretariat

- Criminal cases investigated by police after a police report is made

Page 6: ‘Driving Transformation, Powering Growth’ UPDATES TO ......INTERNATIONAL TRADE AND INDUSTRY Review of Legislation, Regulations and Others 11 Strategic Trade (Restricted End-Users

MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY

STA 2010

TECHNOLOGY

STA

2010

TRANSIT

TRANS-

SHIPMENT

BROKERING

OTHER

ACTIVITIES

EXPORT GOODS • Listed • Unlisted

Page 7: ‘Driving Transformation, Powering Growth’ UPDATES TO ......INTERNATIONAL TRADE AND INDUSTRY Review of Legislation, Regulations and Others 11 Strategic Trade (Restricted End-Users

Regulations and Orders

Page 8: ‘Driving Transformation, Powering Growth’ UPDATES TO ......INTERNATIONAL TRADE AND INDUSTRY Review of Legislation, Regulations and Others 11 Strategic Trade (Restricted End-Users

MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY

8

Regulations and Orders

STA 2010

Strategic Trade Regulations 2010

Strategic Trade (Strategic Items)

(Amendment) Order 2018

Strategic Trade (United Nations Security Council

Resolutions) 2010

Strategic Trade (Restricted End-

Users and Prohibited End

Users) Order 2010

Strategic Trade (Amendment of Schedule) Order

2010

Prescribing:

First Schedule : Forms

Second Schedule: Fees

Fourth Schedule: Record Keeping

Third Schedule : Strategic items –transshipment permit requirement

7

Page 9: ‘Driving Transformation, Powering Growth’ UPDATES TO ......INTERNATIONAL TRADE AND INDUSTRY Review of Legislation, Regulations and Others 11 Strategic Trade (Restricted End-Users

MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY

STA Permit Categories

9

Permit

Single

Bulk*

Special

Multiple*

ONE-TIME

for a SINGLE COUNTRY / DESTINATION Valid for 6 months

SINGLE PERMIT which the end-user is a RESTRICTED END-USER

Valid for 1 year

MULTIPLE ITEMS for SINGLE

COUNTRY / DESTINATION

Valid for 2 years

MULTIPLE ITEMS for

MULTIPLE COUNTRIES/

DESTINATIONS

Valid for 2 years

* Requires Internal Compliance Program (ICP)

Page 10: ‘Driving Transformation, Powering Growth’ UPDATES TO ......INTERNATIONAL TRADE AND INDUSTRY Review of Legislation, Regulations and Others 11 Strategic Trade (Restricted End-Users

Current and Future efforts

Page 11: ‘Driving Transformation, Powering Growth’ UPDATES TO ......INTERNATIONAL TRADE AND INDUSTRY Review of Legislation, Regulations and Others 11 Strategic Trade (Restricted End-Users

MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY

Review of Legislation, Regulations and Others

11

Strategic Trade (Restricted End-

Users and Prohibited End-

Users) Order 2016

STA Amendment 2017

Strategic Trade (Strategic Items)

(Amendment) Order 2018

ITT Guideline Strategic Trade Items Finder Mobile Apps

Internal Compliance Programme (ICP)

enhancement

Circular of Directive on Implementation

of Targeted Financial Sanctions

Relating to Proliferation

Financing

Page 12: ‘Driving Transformation, Powering Growth’ UPDATES TO ......INTERNATIONAL TRADE AND INDUSTRY Review of Legislation, Regulations and Others 11 Strategic Trade (Restricted End-Users

MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY

Trade Facilitation

12

Strategic Items List

Strategic Items List – Based on EU List

Online Permit Application

Exemption – Regulation 22

& 25 Awareness & Outreach

25% of STA registered company has an approved ICP status

Easy Self Declaration

Internal Compliance Programme (ICP)

Industries & Universities

Page 13: ‘Driving Transformation, Powering Growth’ UPDATES TO ......INTERNATIONAL TRADE AND INDUSTRY Review of Legislation, Regulations and Others 11 Strategic Trade (Restricted End-Users

MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY

Any feedback and comments on this subject as well as request for an appointment can be sent to [email protected]

STS awareness video is available via:- https://www.youtube.com/watch?v=z-Sr2g_xmyg&t=98s

For more information, please visit www.miti.gov.my ;

www.mcmc.gov.my;

http://portal.aelb.gov.my/sites/aelb

Related information link

Page 14: ‘Driving Transformation, Powering Growth’ UPDATES TO ......INTERNATIONAL TRADE AND INDUSTRY Review of Legislation, Regulations and Others 11 Strategic Trade (Restricted End-Users

MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY

14

Conclusion

• Strategic Trade Management (STM) - Facilitating Trade

in A Secure Trading Environment.

• With STA, Malaysia provides assurance that trading is

safe because companies are required to comply with the

STA 2010.

• Trade promotion and STM are two sides of the SAME

coin – balancing national interest, trade security,

increase international trade and enhancing image as a

responsible trading nation while maintaining bilateral –

multilateral ties.

Page 15: ‘Driving Transformation, Powering Growth’ UPDATES TO ......INTERNATIONAL TRADE AND INDUSTRY Review of Legislation, Regulations and Others 11 Strategic Trade (Restricted End-Users

Thank you

The information and examples presented are on a general basis and shall not be construed as legal opinion to the public. Where legal or

professional advice is required in relation to any particular matter, please seek advice from your own legal or other professional advisors. The

Government shall not be held liable for any consequences arising directly or indirectly from the use of or reliance on the provided information. For

authoritative information on the content of the Strategic Trade Act 2010 (Act 708) and the subsidiary legislations, the appropriate official text

should be consulted. We reserve the right to review the policies and/or practices that have been referred to at any time and without prior notice.