MALAYSIA

Compiled from the November 2003 Background Note and supplemented with additional information from the State Department and the editors of this volume. See the introduction to this set for explanatory notes.

Official Name:
Malaysia

PROFILE
PEOPLE
HISTORY
GOVERNMENT
POLITICAL CONDITIONS
ECONOMY
DEFENSE
FOREIGN RELATIONS
U.S.-MALAYSIAN RELATIONS
TRAVEL

PROFILE

Geography

Area: 329,749 sq. km. (127,316 sq. mi.); slightly larger than New Mexico.

Cities: Capital—Kuala Lumpur. Other cities—Penang, Ipoh, Malacca, Johor Baru, Kuching, Kota Kinabalu, Petaling Jaya.

Terrain: Coastal plains and interior, jungle-covered mountains. The South China Sea separates peninsular Malaysia from East Malaysia on Borneo (400 mi.).

Climate: Tropical.

People

Nationality: Noun and adjective—Malaysian(s).

Population: (2002) 24.5 million.

Annual growth rate: 2.2%.

Ethnic groups: Malay 50.3%, Chinese 24.1%, Indigenous 10.9%, Indian 7.1%, non-Malaysians 6.3%, others 1.3%.

Religions: Islam, Buddhism, Confucianism, Taoism, Christianity, Hinduism, Sikhism, Baha'i faith.

Languages: Malay, Cantonese, Hokkien, Mandarin Chinese, English, Tamil, indigenous.

Education: Years compulsory—9. Attendance—97.8% (primary), 82% (secondary). Literacy (2002)—94%.

Health: Infant mortality rate (2002—5.7/1,000. Life expectancy (2002)—female 75.3 yrs., male 70.4 yrs.

Work force: (9.84 million, 2002) Manufacturing—27.2%; services (includes government)—20.9%; trade and tourism—17.1%; agriculture—14.3%; construction—7.9%; finance—6.2%; transportation and communications—5.2%; utilities—0.8%; mining and petroleum—0.4%.

Government

Type: Federal parliamentary democracy with a constitutional monarch.

Independence: August 31, 1957. (Malaya, which is now peninsular Malaysia, became independent in 1957. In 1963 Malaya, Sabah, Sarawak, and Singapore formed Malaysia. Singapore became an independent country in 1965.).

Constitution: 1957.

Subdivisions: 13 states and three federal territories (Kuala Lumpur, Labuan Island, Putrajaya federal administrative territory). Each state has an assembly and government headed by a chief minister. Nine of these states have hereditary rulers, generally titled "sultans," while the remaining four have appointed governors in counterpart positions.

Branches: Executive—Yang di-Pertuan Agong ("paramount ruler," who is head of state and customarily referred to as the king and has ceremonial duties), prime minister (head of government), cabinet. Legislative—bicameral parliament, comprising 69-member Senate (26 elected by the 13 state assemblies, 43 appointed by the king on the prime minister's recommendation) and 193-member House of Representatives (elected from single-member districts). Judicial —Federal Court, Court of Appeals, high courts, magistrate's courts, session's courts, and juvenile courts. Syariah courts hear cases on certain matters involving Muslims only.

Political parties: Barisan Nasional (National Front)—a coalition comprising the United Malays National Organization (UMNO) and 13 other parties, most of which are ethnically based; Democratic Action Party (DAP); Parti Islam se Malaysia (PAS); Parti Bersatu Sabah (PBS); Parti KeADILan. There are more than 30 registered political parties, including the foregoing, not all of which are represented in the federal parliament.

Suffrage: Universal adult.

Economy (2002)

GNP: $88 billion.

Annual real GDP growth rate: 4.1%.

Per capita (GDP) income: $3,869.

Natural resources: Petroleum, liquefied natural gas (LNG), tin, minerals.

Agriculture: Products—palm oil, rubber, timber, cocoa, rice, tropical fruit, fish, coconut.

Industry: Types—electronics, electrical products, chemicals, food and beverages, metal and machine products, apparel.

Trade: Merchandise exports—$93.4 billion: electronics, electrical products, palm oil, petroleum, liquid natural gas, apparel, timber and logs, plywood and veneer, natural rubber. Major markets—U.S. 20.2%, Singapore 17.1%, Japan 11.2%. Merchandise imports—$75.3 billion: machinery, chemicals, manufactured goods, fuels, and lubricants. Major suppliers—U.S. 16.6%, Japan 17.8%, Singapore 11.9%.

PEOPLE

Malaysia's population of 24.5 million (2002) continues to grow at a rate of 2.2% per annum; about 33.5% of the population is under the age of 15. Malaysia's population comprises many ethnic groups, with the politically dominant Malays comprising a majority. By constitutional definition, all Malays are Muslim. About a quarter of the population is Chinese who have historically played an important role in trade and business.

Malaysians of Indian descent comprise about 7% of the population and include Hindus, Muslims, Buddhists, and Christians. About 85% of the Indian community is Tamil.

Non-Malay indigenous groups make up more than half of the Borneo state of Sarawak's population and about 66% of the Borneo state of Sabah's population. They are divided into dozens of ethnic groups, but they share some general patterns of living and culture. Until the 20th century, most practiced traditional beliefs, but many have become Christian or Muslim. The "other" category includes Malaysians of, inter alia, European and Middle Eastern descent. Population distribution is uneven, with some 15 million residents concentrated in the lowlands of peninsular Malaysia, an area slightly smaller than the state of Michigan.

HISTORY

In the first century AD, two far-flung but related events helped stimulate Malaysia's emergence in international trade in the ancient world. At that time, India had two principal sources of gold and other metals: the Roman Empire and China. The overland route from China was cut by marauding Huns, and at about the same time, the Roman Emperor Vespasian cut off shipments of gold to India. As a result, India sent large and seaworthy ships, with crews reported to have numbered in the hundreds, to Southeast Asia, including the Malayan Peninsula, to seek alternative sources. In the centuries that followed, rich Malaysian tin deposits assumed great significance in Indian Ocean trade, and the region prospered. As maritime trade among Middle Eastern, Indian, and Chinese ports flourished, the peninsula benefited from its location as well as from development of its diverse resources, including tropical woods and spices. Malay ships became prominent in that trade, and Malay ports served as transshipment centers. Indian trade brought Indian culture, economy, religion, and politics, with historic results for what is now Malaysia.

The early Buddhist Malay kingdom of Srivijaya, based at what is now Palembang, Sumatra, dominated much of the Malay peninsula from the 9th to the 13th centuries AD. The powerful Hindu kingdom of Majapahit, based on Java, gained control of the Malay peninsula in the 14th century. Conversion of the Malays to Islam, beginning in the early 14th century, accelerated with the rise of the state of Malacca under the rule of a Muslim prince in the 15th century. Malacca was a major regional entrepot, where Chinese, Arab, Malay, and Indian merchants traded precious goods. Drawn by this rich trade, a Portuguese fleet conquered Malacca in 1511, marking the beginning of European expansion in Southeast Asia. The Dutch ousted the Portuguese from Malacca in 1641 and, in 1795, were themselves replaced by the British, who had occupied Penang in 1786.

In 1826, the British settlements of Malacca, Penang, and Singapore were combined to form the Colony of the Straits Settlements. From these strongpoints, in the 19th and early 20th centuries the British established protectorates over the Malay sultanates on the peninsula. Four of these states were consolidated in 1895 as the Federated Malay States.

During British control, a well-ordered system of public administration was established, public services were extended, and largescale rubber and tin production was developed. This control was interrupted by the Japanese invasion and occupation from 1942 to 1945 during World War II.

Popular sentiment for independence swelled during and after the war and, in 1957, the Federation of Malaysia, established from the British-ruled territories of peninsular Malaysia in 1948, negotiated independence from the United Kingdom under the leadership of Tunku Abdul Rahman, who became the first prime minister. The British colonies of Singapore, Sarawak, and Sabah (called North Borneo) joined the Federation to form Malaysia on September 16, 1963.

Singapore withdrew from the Federation on August 9, 1965, and became an independent republic. Neighboring Indonesia objected to the formation of Malaysia and pursued a program of economic, political, diplomatic, and military "confrontation" against the new country, which ended only after the fall of Indonesia's President Sukarno in 1966.

Following World War II, local communists, nearly all Chinese, launched a long, bitter insurgency, prompting the imposition of a state of emergency in 1948 (lifted in 1960). Small bands of guerrillas remained in bases along the rugged border with southern Thailand, occasionally entering northern Malaysia. These guerrillas finally signed a peace accord with the Malaysian Government in December 1989. A separate, smallscale communist insurgency that began in the mid-1960s in Sarawak also ended
with the signing of a peace accord in October 1990.

GOVERNMENT

Malaysia is a constitutional monarchy, nominally headed by the Yang diPertuan Agong ("paramount ruler"), customarily referred to as the king. Kings are elected for 5-year terms from among the nine sultans of the peninsular Malaysian states. The king also is the leader of the Islamic faith in Malaysia.

Executive power is vested in the cabinet led by the prime minister; the Malaysian constitution stipulates that the prime minister must be a member of the lower house of parliament who, in the opinion of the Yang di-Pertuan Agong, commands a majority in parliament. The cabinet is chosen from among members of both houses of parliament and is responsible to that body.

The bicameral parliament consists of the Senate (Dewan Negara) and the House of Representatives (Dewan Rakyat). All 69 Senate members sit for 6-year terms; 26 are elected by the 13 state assemblies, and 43 are appointed by the king. Representatives of the House are elected from single-member districts by universal adult suffrage. The 193 members of the House of Representatives are elected to maximum terms of 5 years. Legislative power is divided between federal and state legislatures.

The Malaysian legal system is based on English common law. The Federal Court reviews decisions referred from the Court of Appeals; it has original jurisdiction in constitutional matters and in disputes between states or between the federal government and a state. Peninsular Malaysia and the East Malaysian states of Sabah and Sarawak each have a high court.

The federal government has authority over external affairs, defense, internal security, justice (except civil law cases among Malays or other Muslims and other indigenous peoples, adjudicated under Islamic and traditional law), federal citizenship, finance, commerce, industry, communications, transportation, and other matters.

Principal Government Officials
Last Updated: 1/9/04

Paramount Ruler: Tuanku SYED SIRAJUDDIN ibni Almarhum Tuanku Syed Putra Jamalullail,

Dep. Paramount Ruler: Sultan MIZAN Zainal Abidin ibni Almarhum Al-Sultan Mahmud Al-Muktafi Billah Shah,

Prime Minister: ABDULLAH bin Ahmad Badawi,

Dep. Prime Min.: NAJIB Tun Abdul Razak,

Min. of Agriculture: MUHYIDDIN Yassin,

Min. of Culture, Arts, & Tourism: Abdul KADIR bin Sheikh Fadzir,

Min. of Defense: NAJIB Tun Abdul Razad,

Min. of Domestic Trade & Consumer Affairs: JAMALUDDIN bin Mohamed Jarjis,

Min. of Education: MUSA bin Mohamad,

Min. of Energy, Communications, & Multimedia: Leo MOGGIE Anak Irok,

Min. of Entrepreneur Development: Mohamed NAZRI bin Abdul Aziz,

Min. of Finance: ABDULLAH bin Ahmad Badawi,

Second Min. of Finance: JAMALUDDIN bin Mohamed Jarjis,

Min. of Foreign Affairs: Syed HAMID bin Syed Jaafar Albar,

Min. of Health: CHUA Jui Meng,

Min. of Home Affairs: ABDULLAH bin Ahmad Badawi,

Min. of Housing & Local Government: ONG Ka Ting,

Min. of Human Resources: FONG Chan Onn,

Min. of Information: Mohamed KHALIL bin Yaacob,

Min. of Intl. Trade & Industry: RAFIDAH binti Aziz,

Min. of Land & Cooperative Development: KASITAH bin Gaddam,

Min. of National Unity & Social Development: Siti ZAHARAH binti Sulaiman,

Min. of Primary Industries: LIM Keng Yaik,

Min. of Rural Development: AZMI bin Khalid,

Min. of Science, Technology, & Environment: LAW Hieng Ding,

Min. of Special Functions in the Dept. of the Prime Min.: Mohamed EFFENDI bin Norwawi,

Min. of Transport: CHAN Kong Choy,

Min. of Women & Family Development: SHAHRIZAT binte Abdul Jalil,

Min. of Works: S. Samy VELLU,

Min. of Youth & Sports: HISHAMMUDDIN bin Tun Hussein,

Min. in the Dept. of the Prime Min.: Bernard Giluk DOMPOK,

Min. in the Dept. of the Prime Min.: Abdul HAMID bin Zainal Abidin,

Min. in the Dept. of the Prime Min.: Tengku ADNAN bin Tengku Mansor,

Min. in the Dept. of the Prime Min.: RAIS bin Yatim,

Governor, Central Bank: ZETI Akhtar Aziz,

Ambassador to the US: GHAZZALI bin Sheikh Abdul Khalid,

Permanent Representative to the UN, New York: RASTAM bin Mohamed Isa,

Malaysia maintains an embassy in the U.S. at 3516 International Court, Washington, DC 20008, tel. (202) 572-9700; a Consulate General in the Los Angeles World Trade Center, 350 South Figueroa Street, Los Angeles, CA, tel. (213) 621-2991; and a Consulate General at 140 E. 45th Street, New York, NY 10017, tel. (212) 490-2722.

POLITICAL CONDITIONS

Malaysia's predominant political party, the United Malays National Organization (UMNO), has held power in coalition with other parties since Malaya's independence in 1957. In 1973, an alliance of communally based parties was replaced with a broader coalition—the Barisan Nasional—composed of 14 parties. In September 1998, Prime Minister Mahathir dismissed Deputy Prime Minister Anwar Ibrahim and accused Anwar of immoral and corrupt conduct. The Prime Minister later replaced Anwar with Abdullah Ahmad Badawi as deputy prime minister.

Anwar said his ouster actually owed to political differences and led a series of demonstrations advocating political reforms. Later in September, Anwar was arrested, beaten while in prison, and charged with corruption and sodomy. In April 1999, he was convicted of four counts of corruption and sentenced to 6 years in prison. In August 2000, Anwar was convicted of one count of sodomy and sentenced to 9 years to run consecutively after his earlier 6-year sentence.

Both trials were viewed by domestic and international observers as politically motivated. In the November 1999 general election, the Barisan Nasional was returned to power with three-fourths of the parliamentary seats, but UMNO's seats dropped from 94 to 72. The opposition Barisan Alternatif coalition, led by the Islamic Party of Malaysia (PAS), increased its seats to 42. PAS retained control of the state of Kelantan and won the additional state of Terengganu.

On October 31, 2003, Prime Minister Mahathir stepped down voluntarily after 22 years in power, and his successor, Deputy Prime Minister Abdullah Badawi, was sworn into office.

ECONOMY

The Malaysian economy rebounded from a sharp recession in 1998 when real GDP contracted by 7.4% in 1998. The economy grew 6.1% in 1999 and a strong 8.3% in 2000, led by rapid growth in exports, particularly of electronics and electrical products, to the United States, Malaysia's principal trade and investment partner. When the U.S. economy began to slow in late 2000, Malaysian exports declined, and the Malaysian economy slowed dramatically. Though the government introduced two fiscal stimulus packages in 2001 equal to U.S. $1.9 billion, the economy grew a mere 0.4% for the year. Economic growth resumed in 2002 with a 4.1% increase; the economy is expected to grow 4.5% in 2003. Since September 1998, the Malaysian ringgit has been pegged at an exchange rate of RM3.8/U.S.$1.0.

Malaysia remains an important trading partner for the United States. In 2002, bilateral trade between the United States and Malaysia totaled U.S.$34.3 billion. U.S. exports to Malaysia were $10.3 billion, and U.S. imports from Malaysia were $24 billion in that year. Malaysia was the United States' 11th-largest trading partner and its 16th-largest export market. During the first 8 months of 2003, U.S. exports to Malaysia totaled $6.9 billion while the United States imported $16.2 billion from Malaysia.

Malaysia successfully developed from a commodity-based economy to one focused on manufacturing. Today the Government of Malaysia seeks to make the leap to a knowledge-based economy. At independence, Malaysia inherited an economy dominated by two commodities—rubber and tin. In the 40 years thereafter, Malaysia's economic record had been one of Asia's best. From the early 1980s through the mid-1990s, the economy experienced a period of broad diversification and sustained rapid growth averaging almost 8% annually. New foreign and domestic investment played a significant role in the transformation of Malaysia's economy. Manufacturing grew from 13.9% of GDP in 1970 to 30.4% in 2002, while agriculture and mining, which together had accounted for 42.7% of GDP in 1970, dropped to 8.4% and 7.4%, respectively, in 2002. Malaysia is one of the world's largest exporters of semiconductor dev ices, electrical goods, and appliances, and the government has ambitious plans to make Malaysia a leading producer and developer of high-tech products, including software.

The Malaysian Government encourages Foreign Direct Investment (FDI), and the United States continues to be the largest investor in Malaysia. In 2002, the Malaysian Government approved U.S.$702 million in new manufacturing investment by U.S. companies, with the bulk in the electronics and electrical sectors. The cumulative value of U.S. private investment in Malaysia exceeds $20 billion, 60% of which is in the oil and gas and petrochemical sectors with the rest in manufacturing, especially semiconductors and other electronic products, according to an American Chamber of Commerce 2002 survey.

The Government of Malaysia has taken an active role in guiding the nation's economic development. Malaysia's New Economic Policy (NEP), first established in 1971, sought to eradicate poverty and end the identification of economic function with ethnicity. In particular, it was designed to enhance the economic standing of ethnic Malays and other indigenous peoples (collectively known as "bumiputeras" in Bahasa Malaysia). Rapid growth through the mid-1990s made it possible to expand the share of the economy for bumiputeras without reducing the economic attainment of other groups. One controversial NEP goal was to alter the pattern of ownership of corporate equity in Malaysia, with the government providing funds to purchase foreign-owned shareholdings on behalf of the bumiputera population. In June 1991, after the NEP expired, the government unveiled its National Development Policy, which contained many of the NEP's goals, although without specific equity targets and timetables. In April 2001, the government released a new plan, the "National Vision Policy," to guide development over the period 2001-10. The National Vision Policy targets education for budget increases and seeks to refocus the economy toward higher-technology production.

DEFENSE

In the early 1990s, Malaysia undertook a major program to expand and modernize its armed forces. This included procurement of F/A-18 and C-130 aircraft from the United States. However, budgetary constraints imposed by the 1997 financial crisis slowed military procurement. The recent economic recovery may lead to relaxation of budgetary constraints on the resumption of major weapons purchases; in 2003, the government announced a major purchase of Sukhoi aircraft.

FOREIGN RELATIONS

As a founding member of the Association of Southeast Asian Nations (ASEAN—established 1967), Malaysia views regional cooperation as the cornerstone of its foreign policy. Malaysia was a leading advocate of expanding ASEAN's membership to include Laos, Vietnam, and Burma, arguing that "constructive engagement" with these countries, especially Burma, would help bring political and economic changes. In world affairs, Malaysia maintains cooperative relations with the United States, the European Union, and Japan. Malaysia is an active member of the Commonwealth, the UN, the Organization of Islamic Conference (OIC), and the Non-Aligned Movement (NAM).

In 2003, Malaysia assumed the chairmanship of both the OIC and the NAM. Malaysia also is a member of APEC and hosted the 1998 Leaders' Meeting. Malaysia maintains diplomatic relations with North Korea. Malaysia's international affiliations include the UN and many of its specialized agencies, including UNESCO, World Bank, International Monetary Fund, and the International Atomic Energy Agency; General Agreement on Tariffs and Trade; Association of Southeast Asian Nations; Asian Development Bank; Five-Power Defense Arrangement; South-South Commission (G-15); Asia-Pacific Economic Cooperation (APEC), Commonwealth; Non-Aligned Movement; Organization of Islamic Conference; and INTELSAT.

U.S.-MALAYSIAN RELATIONS

The United States has maintained friendly relations with Malaysia since its independence in 1957. Despite sometimes strident rhetoric, the United States and Malaysia have a record of cooperation in many areas, including trade and investment, defense, counter-terrorism, and counter-narcotics.

Cultural and educational exchanges have been another fruitful area of cooperation. The number of Malaysians studying in the United States has declined significantly to 6,595 in the 2002-03 school year.

Trade and Investment

The United States is currently Malaysia's largest trading partner and largest foreign investor. Malaysia possesses abundant resources and land, a well-educated work force, adequate infrastructure, and a relatively stable political environment. The return of economic growth should boost U.S. exports, particularly in priority areas of development, including high-technology fields, industrial automation, medical products and services, education/distance learning, and the environment. Of particular interest to the Malaysian Government is the development of the Multimedia Super Corridor, Malaysia's effort to create a Silicon Valley in Asia. Malaysia, a member of the World Trade Organization (WTO), has few restraints on trade goods. Its service sector, however, remains protected, particularly in financial services.

Principal U.S. Embassy Officials

Kuala Lumpur (E), 376 Jalan Tun Razak, 50400 Kuala Lumpur • P.O. Box 10035, 50700 Kuala Lumpur, APO AP 96535-8152, Tel [60] (3) 2168-5000; ADM Tel 2168-5060, Fax 2168-4961; CON Fax 2148-5801; GSO Fax 2168-4948 or 2168-4951. Website: www.usembassymalaysia.org.my

Last Modified: Wednesday, September 24, 2003

TRAVEL

Consular Information Sheet
November 6, 2003

Country Description: Malaysia is a constitutional monarchy with an elected federal parliamentary government. The country is comprised of thirteen states, eleven on the Malayan Peninsula and two, Sabah and Sarawak, on the island of Borneo. The capital city is Kuala Lumpur. Malaysia is a multi-ethnic country of 23 million people. Malays form the predominant ethnic group. The two other large ethnic groups in Malaysia are Chinese and Indians. Islam is the national religion. Bahasa Malaysia is the official language although English is widely spoken. Travelers to Malaysia may access information on areas of interest through the Malaysian government's website at http://www.kln.gov.my and the Malaysian tourism promotion board's website at www.tourism.gov.my/ or the Malaysian Ministry of Culture, Arts & Tourism's website, http://www.malaysiamydestination.com/

Entry Requirements: American citizens are required to have a passport valid for at least six months to enter Malaysia, but do not need a visa for a pleasure or business trip if their stay in Malaysia is 90 days or less. Visitors to Malaysia will receive a Malaysian Disembarkation Card to complete and present to Malaysian immigration upon arrival. Travelers are required to carry their passports for travel between Sabah and Sarawak. Visitor passes issued for entry into peninsular Malaysia are not valid for entry into Sarawak. New visitor passes must be obtained upon arrival in Sarawak; in most cases, visitor passes issued by Sabah and Sarawak immigration are valid for any part of Malaysia.

For more information on the latest entry procedures and requirements, contact the Embassy of Malaysia, 3516 International Court, N.W., Washington, D.C. 20008, telephone: (202) 572-9700, the Malaysian Consulates located in New York, telephone (212) 490-2722, or Los Angeles, telephone

(213) 892-1238, or the Malaysian Government website, which has information on Malaysian embassies and consulates abroad at www.kln.gov.my. Overseas inquiries should be made at your nearest Malaysian embassy or consulate.

In an effort to prevent international child abduction, many governments have initiated procedures at entry/exit points. These often include requiring documentary evidence of relationship and permission for the child's travel from the parent(s) or legal guardian not present. Having such documentation on hand, even if not required, may facilitate entry/departure.

Dual Nationality: Malaysia does not recognize dual nationality. American citizens who are also Malaysian citizens could experience close scrutiny by Malaysian immigration officials when entering or departing Malaysia on Malaysian passports. The United States requires all American citizens to enter and depart the United States on U.S. passports. United States visas cannot be issued to dual American citizens.

In addition to being subject to all Malaysian laws affecting American citizens, dual nationals may also be subject to other Malaysian laws that impose special obligations on Malaysian citizens. For additional information, see the consular affairs home page on the Internet at http://travel.state.gov for our dual nationality flyer.

Visa Overstays: Since the beginning of 2003, Malaysian immigration authorities routinely have been detaining citizens from other countries who overstay their visas. Previously, fines were normally imposed. Depending upon the nature of the violation, detentions may last from a few hours to several weeks, pending a formal hearing. American citizens are urged to be aware of their visa status while in Malaysia and to follow immigration laws and regulations strictly.

Safety and Security: The October 5, 2003 kidnapping of six Indonesian and Filipino workers from a resort along the coast of eastern Sabah reinforce the U.S. concern for the safety of travelers to that region of Malaysia. In 2000, armed gunmen associated with the terrorist Abu Sayyaf Group based in the southern Philippines took hostages from the islands of Sipadan and Pandanan in eastern Sabah and transported them to the Philippines. Since then, the Malaysian government has substantially increased its police and military presence in the region, notably near popular Western tourist destinations. Nonetheless, the region is large and remote and in many locations, which include open waters between the mainland and offshore resorts, emergency assistance may not always be available. For these reasons, American citizens should avoid eastern Sabah. Americans planning to travel to Sabah knowing that there is a Public Announcement for Malaysia on this region should contact the American embassy in Kuala Lumpur before departure by telephone at (6-03) 2168-5000, or by e-mail at [email protected]

In October 2002, the United States Government designated the Jemaah Islamiyah (JI) a Foreign Terrorist Organization. JI is an extremist group linked to al-Qaeda and other regional terrorist groups and has cells operating throughout Southeast Asia. Extremist groups in the region have demonstrated their capability to carry out transnational attacks in locations where Westerners congregate. Terrorist groups do not distinguish between official and civilian targets.

For the latest security information, Americans traveling abroad should regularly monitor the Department of State's website, http://travel.state.gov, where the current Worldwide Caution Public Announcement, Public Announcements and Travel Warnings can be found. Up-to-date information on security conditions may also be obtained by calling 1-888-407-4747 toll-free in the United States and, from overseas, 317-472-2328. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays).

Crime: The overall crime rate in Malaysia is low and violent crime involving tourists is relatively uncommon. Petty theft, particularly purse snatchings and pick pocketing, is the most common criminal activity directed against foreigners. Thieves on motorcycles commit "snatch thefts" in crowded shopping areas. In most incidents, two men on a motorcycle speed up from behind a victim and the passenger on the back snatches a purse, handbag or cellular telephone. These thefts occur at all hours and often in front of large groups of witnesses. Women walking by themselves or with small children are the most common targets. People have been injured by being pulled to the ground by their purse straps as the thieves speed off. Automobile burglaries also occur. Credit card fraud is a growing problem in Malaysia. Credit cards should only be used at established businesses, preferably outlets of internationally recognized firms, and credit card numbers should be closely safeguarded at all times.

The loss or theft abroad of U.S. passports should be reported immediately to the local police and American embassy. American citizens may refer to the Department of State's pamphlet A Safe Trip Abroad for ways to promote a trouble-free journey. The pamphlet is available by mail from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, via the Internet at http://www.gpoaccess.gov/index.html, or via the Bureau of Consular Affairs website, http://travel.state.gov.

If you are the victim of a crime while overseas, in addition to reporting to local police, contact the nearest American embassy or consulate for assistance. The embassy/consulate staff can, for example, assist you to find appropriate medical care, to contact family members or friends, and explain how funds could be transferred. Although the investigation and prosecution of the crime is solely the responsibility of local authorities, consular officers can help you to understand the local criminal justice process and to find an attorney if needed.

Medical Facilities: Medical facilities and services are adequate in the larger cities where Western-trained doctors can be found. The American embassy can also provide a list of English-speaking doctors and hospitals upon request. Psychological and psychiatric medical and counseling services are limited. Serious medical problems requiring hospitalization and/or medical evacuation to the United States can cost thousands of dollars or more. Doctors and hospitals often expect immediate cash payment for health services although major credit cards are acceptable.

Medical Insurance: The Department of State strongly urges Americans to consult with their medical insurance company prior to traveling abroad to confirm whether their policy applies overseas and whether it will cover emergency expenses such as a medical evacuation. American medical insurance plans seldom cover health costs incurred outside the United States unless supplemental coverage is purchased. Further, U.S. Medicare and Medicaid programs do not provide payment for medical services outside the United States. However, many travel agents and private companies offer insurance plans that will cover health care expenses incurred overseas including emergency services such as medical evacuations.

When making a decision regarding health insurance, Americans should consider that many foreign doctors and hospitals require payment in cash prior to providing service and that a medical evacuation to the U.S. may cost well in excess of $50,000. Uninsured travelers who require medical care overseas often face extreme difficulties, whereas travelers who have purchased overseas medical insurance have, when a medical emergency occurs, found it life-saving. When consulting with your insurer prior to your trip, ascertain whether payment will be made to the overseas healthcare provider or whether you will be reimbursed later for expenses you incur. Some insurance policies also include coverage for psychiatric treatment and for disposition of remains in the event of death.

Useful information on medical emergencies abroad, including overseas insurance programs, is provided in the Department of State's Bureau of Consular Affairs brochure, Medical Information for Americans Traveling Abroad, available via the Bureau of Consular Affairs' website, http://travel.state.gov, or autofax: (202) 647-3000.

Other Health Information: Information on vaccinations and other health precautions, such as safe food and water precautions and insect bite protection, may be obtained from the Centers for Disease Control and Prevention's hotline for international travelers at 1-877-FYI-TRIP (1-877-394-8747); fax 1-888-CDC-FAXX (1-888-232-3299), or via the CDC's website, http://www.cdc.gov/travel. For information about outbreaks of infectious diseases abroad consult the World Health Organization's website, http://www.who.int/en. Further health information for travelers is available at http://www.who.int/ith.

Traffic Safety and Road Conditions: While in a foreign country, American citizens may encounter road conditions that differ significantly from those in the United States. The information below concerning Malaysia is provided for general reference only, and may not be totally accurate in a particular location or circumstance:

Safety of public transportation: Good
Urban road conditions/maintenance: Good
Rural road conditions/maintenance: Good
Availability of roadside assistance: Good

Visitors are reminded that traffic in Malaysia moves on the left side of the road, and that most vehicles use right-hand drive. Seat belts are mandatory. Cell phones cannot be used while driving. Laws against drinking and driving are strictly enforced with stiff penalties. Pedestrians are reminded to look carefully in all directions when crossing roads and driving. Motorcyclists attempt to circumvent traffic blockage by weaving through vehicles and pedestrians. Traffic is heavy during the morning and afternoon rush hours and slows down considerably when it rains. Bottlenecks are common sights in Kuala Lumpur. Development of the infrastructure has not kept pace with the proliferation of motorized vehicles. Multi-lane highways often merge into narrow two-lane roads in the center of town and cause added congestion. Many streets are narrow and winding. Taxis are metered, but some drivers charge a rate much higher than the metered rate during peak hours, when it is raining, or when the passenger's destination is to or through a heavily congested area.

A well maintained, heavily used, divided highway with two separate lanes runs through Malaysia from Singapore to the Thai border. Malaysia's West Coast also has well-developed paved roads between major cities. These two-lane highways are usually congested. Serious accidents can occur from collisions and from drivers who lose control of their vehicles when driving too fast in hilly regions.

For specific information concerning Malaysian driver's permits, vehicle inspection, road tax and mandatory insurance, contact the Malaysian National Tourist Organization offices in New York at http://www.visitmalaysia.com/ or the Malaysian government website, http://www.kln.gov.my.

Aviation Safety Oversight: The U.S. Federal Aviation Administration (FAA) has assessed the Government of Malaysia's Civil Aviation authority as Category 1 - in compliance with international aviation safety standards for oversight of Malaysia's air carrier operations.

For further information, travelers may contact the Department of Transportation telephone number within the U.S. at 1-800-322-7873, or visit the FAA's website, www.faa.gov/avr/iasa/index.cfm. The U.S. Department of Defense (DOD) separately assesses some foreign air carriers for suitability as official providers of air services. For information regarding the DOD policy on specific carriers, travelers may contact the DOD at telephone number (618) 229-4801.

Customs Regulations: Malaysia's customs authorities enforce strict regulations concerning temporary importation into or export from Malaysia of items such as firearms, narcotics, medication, business equipment, currency, books or other printed material, video, and audio recordings, which might be considered obscene or in any way harmful to the public interest and cultural property. It is advisable to contact the Malaysian embassy in Washington, D.C. or one of Malaysia's consulates in the United States for specific information regarding customs requirements.

Customs officials encourage the use of an ATA (admission temporaire/temporary admission) carnet for the temporary admission of professional equipment, commercial samples, and/or goods for exhibitions and fair purposes. The ATA Carnet Headquarters, located at the U.S. Council for International Business, 1212 Avenue of the Americas, New York, NY 10036, issues and guarantees the ATA carnet in the United States. For additional information call (212) 354-4480; e-mail [email protected], or visit www.uscib.org for details.

Criminal Penalties: While in a foreign country, an American citizen is subject to that country's laws and regulations, which sometimes differ significantly from those in the United States and do not afford the protections available to the individual under U.S. law. Penalties for breaking the law can be more severe than in the United States for similar offenses. Persons violating the law, even unknowingly, may be fined, expelled, arrested or imprisoned. The Malaysian criminal code includes a provision for a sentence of caning for certain white-collar crimes, including criminal misappropriation, criminal breach of trust and cheating. Unauthorized collection and/or removal of local flora and fauna may be prosecuted as a crime and can result in heavy fines, expulsion, and/or imprisonment.

Malaysia strictly enforces its drug laws. Malaysian legislation provides for a mandatory death penalty for convicted drug traffickers. Individuals arrested in possession of 15 grams (1/2 ounce) of heroin or 200 grams (seven ounces) of marijuana are presumed by law to be trafficking in drugs.

Although access to prisoners is permitted, the U.S. Embassy may not learn of the arrest of U.S. citizens in smaller, more remote areas until several days after the incident. Prison conditions are harsh. American citizens are encouraged to carry a copy of their U.S. passports with them at all times, so that, if questioned by local officials, proof of identity and U.S. citizenship are readily available.

Special Circumstances: Currency exchange is readily available; international bank-to-bank transfers may take several days and require adequate identification. Credit cards are accepted throughout the country. Western Union money transfers are available through offices of Bumiputra Commerce Bank.

Children's Issues: For information on international adoption of children and international parental child abduction, please refer to the Bureau of Consular Affairs' website, http://travel.state.gov/children's_issues.html, or telephone (202) 736-7000. Additional questions may be addressed to the appropriate country officer of the U.S. Department of State, Bureau of Consular Affairs, Office of Children's Issues, SA-29, 2100 Pennsylvania Ave. NW, Washington, DC 20037.

Registration and Embassy Locations: American citizens living in or visiting Malaysia are encouraged to register at the U.S. embassy in Kuala Lumpur either online, or in person at the consular section, and to obtain updated information on travel and security within the country. The U.S. embassy is located at 376 Jalan Tun Razak 50400, Kuala Lumpur. The local mailing address is P.O. Box No. 10035, 50700 Kuala Lumpur. The U.S. embassy telephone (60-3) 2168-5000, is available 24 hours per day for emergencies such as arrests, serious illness/injury, or death of Americans, (after business hours, please press 1 at the recording). The American Citizen Services telephone number is (60-3) 2168-4997/4979, and the Consular section fax number is (60-3) 2148-5801. The general fax number for the U.S. Embassy is (60-3) 2142-2207. The U.S. Embassy's website is http://usembassymalaysia.org.my/; and the Consular section's e-mail is: [email protected].

International Parental Child Abduction
October 2002

The information below has been edited from the report of the State Department Bureau of Consular Affairs, American Citizen Services. For more information, please read the Guarding Against International Child Abduction section of this book and review current reports online at travel.state.gov

Disclaimer: The information in this circular relating to the legal requirements of a specific foreign country is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to competent legal counsel.

General Information: Malaysia is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, nor are there any international or bilateral treaties in force between Malaysia and the United States dealing with international parental child abduction. Therefore, there is no treaty remedy by which the left behind parent would be able to pursue recovery of the children should they be abducted to or wrongfully retained in Malaysia. Once in Malaysia, the child/ren would be completely subject to Malaysian law for all matters including custody.

The United States is not a party to any treaty or convention on the enforcement of court orders. A custody decree issued by a court in the U.S. has no binding legal force abroad, although it may have a persuasive force in some countries. Furthermore, a U.S. custody decree may be considered by foreign courts and authorities as evidence and, in some cases, foreign courts may voluntarily recognize and enforce it on the basis of comity (the voluntary recognition by courts of one jurisdiction of the laws and judicial decisions of another).

Custody Disputes: Parental child abduction is not a crime under Malaysian law. Custody disputes are considered civil legal matters that must be resolved between the concerned parties or through the courts in Malaysia. Although there is no treaty in force between the United States and Malaysia on enforcement of judgments, the Malaysian courts will also take into consideration child custody decrees issued by foreign courts in deciding disputes regarding children residing in Malaysia.

The Malaysian legal system is based on English common law. The Federal courts have original jurisdiction in constitutional matters and in disputes between states and reviews decisions referred from the Court of Appeals. In addition to high courts, the Peninsular Malaysian states and the East Malaysian States of Sabah and Sarawak have magistrate courts, session courts, and juvenile courts. These courts would have jurisdiction on civil law cases, including child custody disputes among Malays or other Muslims/indigenous peoples.

By Constitutional definition, all Malays are Muslim, and the "paramount ruler," customarily referred to as the "King" is also the leader of the Islamic faith in Malaysia. Malaysia's official religion is Islam and Islamic (Sharia) law applies in family and religious matter for all Muslims. Although civil law cases are adjudicated under Islamic and traditional law, certain cases involving Muslims only are heard in Sharia courts and Sharia law applies in family and religious matters. Questions on specific Islamic laws as they pertain to custody rights should be addressed to a lawyer licensed to practice in Malaysia. Additional general information on Islamic Family Law is also available on the Internet at http://travel.state.gov/children's_issues.html.

In order to bring a custody issue before the local court, the left-behind parent will require the assistance of an attorney licensed to practice in Malaysia. Ideally, these orders and proceedings ensure due process under the local laws as well as providing protection for the child/ren. A parent holding a custody decree issued in U.S. courts must retain local Malaysian counsel to apply to the Malaysian courts for recognition and enforcement of the U.S. decree, or to petition for custody of minors. Although visitation rights for non-custodial parents are not expressly stipulated in Malaysian Civil Code, court judgments often provide visitation rights for non-custodial parents. Since compliance with the local court rulings is essentially voluntary, Malaysian police or local law enforcement are reluctant to get involved in custody disputes and could not be counted on to enforce custody decrees issued by the Malaysian courts.

U.S. consular officers are prohibited by U.S. federal regulations from providing legal advice, from taking custody of a child, from forcing a child to be returned to the United States, from providing assistance or refuge to parents attempting to violate local law, or from initiating or attempting to influence child custody proceedings in foreign courts.

The American Citizen Services division of the Consular Section at the U.S. Embassy can assist in locating children believed to be in Malaysia and in verifying the child's welfare. If a child is in danger or if there is evidence of abuse, consular officers will request assistance from the local authorities in safeguarding the child's welfare. Consular officers maintain lists of attorneys practicing in the particular areas of Malaysia, as well as general information regarding child custody practices.

Reaching the U.S. Embassy or Consulate that serves Malaysia: The U.S. Embassy is located at 376 Jalan Tun Razak 50400, Kuala Lumpur. The mailing address is P.O. Box No. 10035, 50700 Kuala Lumpur; Telephone (60-3) 2168-5000. The fax number for the U.S. Embassy is (60-3) 242-2207; the fax number for the Consular Section is (60-3) 2148-5801. Internet home page: http://usembassymalaysia.org.my/; e-mail address: [email protected]

Reaching the Foreign Country's Embassy in the U.S.: For further information contact the Embassy of Malaysia, 3516 International Court, N.W., Washington, D.C. 20008; Telephone No.: (202) 572-9700 or nearest Consulate: CA (213) 892-1238 or NY (212) 490-2722. Additional information also available from [email protected].

Deportation: While there is an extradition treaty between the United States and Malaysia, parental child abduction is not an extraditable offense. However, if the taking parent is a U.S. citizen whose U.S. passport has been revoked due to an outstanding federal Unlawful Flight to avoid Prosecution (UFAP) warrant or indictment on charges of International Parental Kidnapping (IPKCA) in violation of 18 USC Section 1204, Malaysian authorities may consider deportation based on lack of a valid travel document.

Dual Nationality: A child with a parent who was born outside of the U.S. or who has acquired a second nationality through naturalization in another country may have a claim to citizenship in that country. There is no requirement that a U.S. citizen parent consent to the acquisition by his/her child of another nationality and in many cases a parent is unaware that his/her child may have dual citizenship. The Embassy of Malaysia in Washington D.C. will be able to provide more detailed information on whether your child has a claim. For additional information, see the Consular Affairs home page on the Internet at http://travel.state.gov for our Dual Nationality flyer.

Children's Passport Issuance Alert Program (CPIAP): Separate from the two-parent signature requirement for U.S. passport issuance, parents may also request that their children's names be entered in the U.S. passport name-check system, also known as CPIAP. A parent or legal guardian can be notified by the Department of State's Office of Children's Issues before a passport is issued to his/her minor child. The parent, legal guardian or the court of competent jurisdiction must submit a written request for entry of a child's name into the Passport Issuance Alert Program to the Office of Children's Issues. The CPIAP also provides denial of passport issuance if appropriate court orders are on file with the Office of Children's Issues. Although this system can be used to alert a parent or court when an application for a U.S. passport has been executed on behalf of a minor, it cannot be used to track the use of a passport. If there is a possibility that your child has another nationality, you may want to contact the appropriate embassy or consulate directly to inquire about the possibility of denial of that country's passport. There is no requirement that foreign embassies adhere to U.S. regulations regarding issuance and denial of passports. For more information, contact the office of Children's Issues at 202-312-9700. General passport information is also available on the Office of Children's Issues home page on the Internet at http://travel.state.gov/children's_issues.html.

Pubic Announcement
November 7, 2003

This Public Announcement reiterates the Department of State's ongoing concern about the safety of American citizens and interests, especially along the east coast of the Malaysian state of Sabah, due to the presence of terrorist organizations in Southeast Asia. This supersedes the Public Announcement of May 14, 2003, and expires on June 6, 2004.

The October 5, 2003, kidnapping of six Indonesian and Filipino workers from a resort along the coast of eastern Sabah reinforces the U.S. concern for the safety of travelers to that region of Malaysia. In 2000, armed gunmen associated with the terrorist Abu Sayyaf Group based in the southern Philippines took hostages from the islands of Sipadan and Pandanan in eastern Sabah and transported them to the Philippines. Since then, the Malaysian government has substantially increased its police and military presence in the region, notably near popular Western tourist destinations. Nonetheless, the region is large and remote and in many locations, which include open waters between the mainland and offshore resorts, emergency assistance may not always be available. For these reasons, American citizens should avoid eastern Sabah.

In October 2002, the United States Government designated the Jemaah Islamiyah (JI) a Foreign Terrorist Organization. JI is an extremist group linked to al-Qaida and other regional terrorist groups and has cells operating throughout Southeast Asia. Extremist groups in the region have demonstrated their capability to carry out transnational attacks in locations where Westerners congregate. Terrorist groups do not distinguish between official and civilian targets.

Americans planning to travel to Malaysia are encouraged to register with the U.S. Embassy in Kuala Lumpur and to consult the Department of State's Consular Information Sheet for Malaysia and the Department of State's most recent Worldwide Caution Public Announcement, both available at http://travel.state.gov. Americans planning to travel to Sabah should also contact the U.S. Embassy before departure by telephone at (6-03) 2168-5000, or by e-mail at [email protected]. Up-to-date information on security conditions may be obtained by calling 1-888-407-4747 toll-free in the United States and, from overseas, 317-472-2328.