MALAYSIA

Compiled from the January 2005 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

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, Alor Setar, Shah Alam.

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: (2004) 25.5 million.

Annual growth rate: 1.7%.

Ethnic groups: Malay 50.3%, Chinese 23.8%, Indigenous 11.0%, Indian 7.1%, non-Malaysian citizens 6.6%, others 1.2%.

Religions: Islam (60.4%), Buddhism (19.2%), Christianity (9.1%), Hinduism (6.3%), Confucianism (2.6%), Animism (0.8%), others (including Taoism, Sikhism, Baha'i faith—0.4%), none (0.8%).

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 (2003—5.8 /1,000. Life expectancy (2003)—female 75.5 yrs., male 71.0 yrs.

Work force: (10.5 million, 2003) Manufacturing 27.7%; services (includes government)—20.8%; trade and tourism—17.1%; agriculture—13.8%; construction—7.8%; finance—6.3%; transportation and communications—5.2%; utilities—0.9%; 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.

Administrative 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 70-member Senate (26 elected by the 13 state assemblies, 44 appointed by the king on the prime minister's recommendation) and 219-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. Shari'ah 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 KeADILan Rakyat. There are more than 30 registered political parties, including the foregoing, not all of which are represented in the federal parliament.

Suffrage: Universal adult (voting age 21).

Economy (2003)

GNP: $97.8 billion.

Annual real GDP growth rate: 5.3%.

Per capita (GDP) income: $3,905.

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—$105.0 billion: electronics, electrical products, palm oil, petroleum, liquid natural gas, apparel, timber and logs, plywood and veneer, natural rubber. Major markets—U.S. 18%, Singapore 16.4%, Japan 10.9%. Merchandise imports—$83.6 billion: machinery, chemicals, manufactured goods, fuels, and lubricants. Major suppliers—U.S. 15.2%, Japan 17.4%, Singapore 12.0%.

PEOPLE

Malaysia's population of 25.5 million (2004) continues to grow at a rate of 1.7% per annum; about 33.2% 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 ethnically Tamil, with the remainder including those of Telegu, Malayalam, Punjabi and Gujarati descent.

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 20 million residents concentrated in the lowlands of peninsular Malaysia, an area slightly smaller than the state of Michigan.

HISTORY

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. The British obtained the island of Penang in 1786. In 1795, the Dutch gave up Malacca to the British temporarily to prevent it from falling to the French during the Napoleonic war. It was returned to the Dutch in 1818. In 1824, through the Anglo-Dutch treaty, Malacca was given to the British in exchange for Bengkulen on the island of Sumatra, in what is today Indonesia.

In 1826, the British settlements of Malacca, Penang, and Singapore were combined to form the Colony of the Straits Settlements. From these strongholds, 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 large-scale rubber and tin production was developed. This control was interrupted by the Japanese invasion and occupation from 1941 to 1945 during World War II.

Popular sentiment for independence swelled during and after the war and, in 1957, the Federation of Malaya, 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 together with the Federation to form Malaysia on September 16, 1963.

Singapore left 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, small-scale 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 di-Pertuan 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 70 Senate members sit for 6-year terms; 26 are elected by the 13 state assemblies, and 44 are appointed by the king. Representatives of the House are elected from single-member districts by universal adult suffrage. The 219 members of the House of Representatives are elected to parliamentary terms lasting up to 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 Appeal; 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: 12/30/04

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.: Mohamed NAJIB bin Abdul Razak
Min. of Agriculture & Agro-Based Industry: MUHYIDDIN bin Mohamed Yassin
Min. of Arts, Culture, & Heritage: RAIS Yatim
Min. of Defense: Mohamed NAJIB bin Abdul Razak
Min. of Domestic Trade & Consumer Affairs: SHAFIE Apdal
Min. of Education: HISHAMMUDDIN Tun Hussein
Min. of Energy, Communications, & Multimedia: LIM Keng Yaik
Min. of Entrepreneur Development: KHALED Nordin
Min. of Federal Territories: Mohamed ISA Abdul Samad
Min. of Finance: ABDULLAH bin Ahmad Badawi
Second Min. of Finance: NOR Mohamed Yakcop
Min. of Foreign Affairs: Syed HAMID bin Syed Jaafar Albar
Min. of Health: CHUA Soi Led
Min. of Higher Education: SHAFIE Salleh
Min. of Home Affairs: AZMI Khalid
Min. of Housing & Local Government: ONG Ka Ting
Min. of Human Resources: FONG Chan Onn
Min. of Information: ABDUL KADIR Sheikh Fadzir
Min. of Internal Security: ABDULLAH bin Ahmad Badawi
Min. of International Trade & Industry: RAFIDAH binti Abdul Aziz
Min. of Natural Resources & the Environment: ADENAN Satem
Min. of Plantation Enterprises & Commodity: Peter CHIN Fah Kui
Min. of Rural & Regional Development: ABDUL AZIZ Shamsuddin
Min. of Science & Technology: JAMALUDIN Jarjis
Min. of Tourism: Leo Michael TOYAD
Min. of Transport: CHAN Kong Choy
Min. of Women, Family, & Community Development: SHAHRIZAT binte Abdul Jalil
Min. of Works: S. Samy VELLU
Min. of Youth & Sports: AZALINA Othman Said
Min. in the Dept. of the Prime Min.: RADZI Sheikh Ahmad
Min. in the Dept. of the Prime Min.: Maximus ONGKILI
Min. in the Dept. of the Prime Min.: MUSTAPA Mohamad
Min. in the Dept. of the Prime Min.: ABDULLAH Mohamed Zain
Min. in the Dept. of the Prime Min.: Mohamed NAZRI Abdul Aziz
Min. in the Dept. of the Prime Min.: Bernard Giluk DOMPOK
Min. in the Dept. of the Prime Min.: ABDULLAH Mat Zin
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, then-Prime Minister Mahathir dismissed Deputy Prime Minister Anwar Ibrahim and accused Anwar of immoral and corrupt conduct. Although Anwar was convicted on both charges in 1999 and 2000, the trials were viewed as seriously flawed (Malaysia's Federal Court eventually freed Anwar after overturning his immoral conduct conviction in September 2004). Mahathir replaced Anwar in 1999 with Abdullah Ahmad Badawi, who later became Prime Minister in 2003.

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. Abdullah won an overwhelming victory in March 21, 2004 general elections, with Barisan Nasional winning 199 of 219 seats in the lower house of parliament. UMNO itself won 110 seats. PAS was reduced to six seats in parliament and lost control of the state of Terengganu. The socialist Democratic Action Party (DAP), with predominately urban ethnic Chinese support, won 12 seats in parliament, and party chairman Lim Kit Siang became Leader of the Opposition in parliament.

ECONOMY

The Malaysian economy maintained its momentum growing 5.3% in 2003, after expanding 4.1% in 2002. In 2001, real GDP grew an anemic 0.3% due to global uncertainties. The better than expected expansion in 2003 was fueled primarily by the manufacturing sector, particularly the electronics and chemical industries. The recovery of the global electronics sector boosted Malaysian exports to the U.S., Malaysia's principal trade and investment partner. Although final figures are not yet available, the consensus among public and private sector analysts is that the economy continued to grow by at least 6.0% to 7.0% in 2004, on strong domestic demand and global growth in major countries and regional economies but with reservations on continued high oil prices. Although Malaysia is a net exporter of oil, the significant and rapid hike in oil prices has increased the government's burden on oil subsidies to the domestic consumers. The government has maintained the Malaysian ringgit pegged at an exchange rate of RM3.8/U.S.$1.0 since September 1998.

Malaysia remains an important trading partner for the United States. In 2003, bilateral trade between the United States and Malaysia totaled U.S.$36.4 billion. U.S. exports to Malaysia were $10.9 billion, and U.S. imports from Malaysia were $25.4 billion in that year. Malaysia was the United States' 10th-largest trading partner and its 16th-largest export market. During the first 11 months of 2004, U.S. exports to Malaysia totaled $9.95 billion while the United States imported $25.7 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 30.9% in 2003, while agriculture and mining, which together had accounted for 42.7% of GDP in 1970, dropped to 8.7% and 7.2%, respectively, in 2003. Malaysia is one of the world's largest exporters of semiconductor devices, electrical goods, and appliances, and the government has ambitious plans to make Malaysia a leading producer and developer of high-tech products, including software. Malaysia is a major destination for outsourcing after China and India.

The Malaysian Government encourages Foreign Direct Investment (FDI), and the United States continues to be one of the largest sources of new investment in Malaysia. In 2003, the Malaysian Government approved U.S. $574 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 2003 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. In 2004, the government announced plans to revamp the government-linked corporations (GLCs) targeting to improve performance and gradually reduce the state's stakes in them

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. In 2003, the government announced a major purchase of Russian Sukhoi aircraft. Malaysia is also acquiring submarines from France and tanks from Poland.

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 does not have diplomatic relations with Israel. 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. 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. However, the number of Malaysians studying in the United States declined significantly from 14,597 in the 1997-98 school year to 6,483 in the 2003-04 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) Address: 376 Jalan Tun Razak; APO/FPO: American Embassy-KL, APO AP 96535-8152; Phone: [6] (03) 2168-5000; Fax: [6] (03) 2142-2207; Workweek: 7:45am-4:30pm; Website: http://malaysia.usembassy.gov

TRAVEL

Consular Information Sheet

February 1, 2005

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. There is also a federal district, which contains the capital city of Kuala Lumpur, the administrative center of Putrajaya, and the island of Labuan (located off the southwest coast of Sabah). Malaysia is a multiethnic 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 web site at http://www.kln.gov.my and the Malaysian tourism promotion board's web site at http://www.tourism.gov.my or the Malaysian Ministry of Culture, Arts & Tourism's web site at http://www.malaysiamydestination.com.

Entry/Exit 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 from peninsular Malaysia to eastern Malaysia (on the island of Borneo) and between the provinces of Sabah and Sarawak, both of which are on Borneo.

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's web site, which has information on Malaysian embassies and consulates abroad at http://www.kln.gov.my. Overseas inquiries should be made at your nearest Malaysian embassy or consulate. For more information, consult our Foreign Entry Requirements brochure at http://travel.state.gov. For the most current visa information, visit the Embassy of Malaysia's web site at http://www.kln.gov.my.

Visa Overstays: Since the beginning of 2003, Malaysian immigration authorities routinely have been detaining foreigners who overstay their visas. 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 strictly follow immigration laws and regulations.

Safety and Security: The Department of State has an ongoing concern about the safety of American citizens, especially those contemplating travel along the east coast of the Malaysian state of Sabah and overland travel into southern Thailand.

There are indications of planned additional kidnappings in eastern Sabah's coastal areas, especially at resorts frequented by foreigners. Since 2000, there have been several kidnappings and incidents of piracy in this area. In October 2003, six Indonesian and Filipino workers were kidnapped from a coastal resort in eastern Sabah.

The terrorist Abu Sayyaf Group (ASG), based in the southern Philippines, has been responsible for some of these incidents; other incidents have been attributed to unidentified criminals.

Because of these incidents, along with indications of a continuing threat of kidnap attempts, American citizens should exercise caution when visiting the coastal areas of eastern Sabah. Since 2001, Malaysia has maintained a significant security presence in the region, but Sabah has extensive open waters between the mainland and its offshore islands. Emergency assistance may not always be available.

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

Americans who travel overland from Malaysia to Thailand should be aware of the Department of State's safety and security advice for Thailand, which can be found at http://travel.state.gov/travel/cis_pa_tw/cis/cis_1040.html.

Americans planning to travel to Malaysia are encouraged to register and update their contact information at www.travelregistration.state.gov. For the latest security information, Americans traveling abroad should consult the Department of State's most recent Worldwide Caution Public Announcement, available at http://travel.state.gov and also regularly monitor this web site for the latest Travel Warnings and Public Announcements. Americans planning to travel to Malaysia are encouraged to register and update their contact information at https://travelregistration.state.gov. You can contact the American Embassy in Kuala Lumpur Malaysia directly at (60-3) 2168-5000, or by e-mailing [email protected].

Up-to-date information on safety and security can also be obtained by calling 1-888-407-4747 toll free in the U.S., or for callers outside the U.S. and Canada, a regular toll line at 1-317-472-2328. These numbers are available from 8:00 a.m. to 8:00 p.m. eastern time, Monday through Friday (except U.S. federal holidays).

While traveling overseas, the Department of State urges American citizens to take responsibility for their own personal security. For general information about appropriate measures travelers can take to protect themselves overseas, consult the Department of State's pamphlet, A Safe Trip Abroad, at http://travel.state.gov/.

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 or killed by being pulled to the ground by their purse straps by thieves on motorcycles or leaning out of cars. Automobile burglaries also occur. Credit card fraud is a serious problem in Malaysia. Travelers should avoid using credit cards, if possible. Credit card numbers should be closely safeguarded at all times.

Visitors to Malaysia from several countries, including the United States, have reported serious problems after responding to private-sector Internet advertisements to do wildlife volunteer work together with related opportunities for jungle trekking and survival experiences. Persons interested in participating in such volunteer programs or in trekking and survival courses should contact the American Citizens Services section at the U.S. Embassy in Kuala Lumpur.

Information for Victims of Crime: The loss or theft abroad of a U.S. passport should be reported immediately to the local police and the nearest U.S. Embassy or Consulate. If you are the victim of a crime while overseas, in addition to reporting to local police, please contact the nearest U.S. 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. Our Victims of Crime information is at http://travel.state.gov/travel/tips/emergencies/emergencies_1748.html.

Medical Facilities and Health Information: 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.

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 http://www.cdc.gov/travel. For information about outbreaks of infectious diseases abroad consult the World Health Organization's (WHO) web site, http://www.who.int/en. Further health information for travelers is available at http://www.who.int/ith.

Medical Insurance: The Department of State strongly urges Americans to consult with their medical insurance company prior to traveling abroad to confirm whether their policies remain in force overseas and whether they cover emergency expenses such as a medical evacuation. Please consult our information on medical insurance overseas at http://travel.state.gov.

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.

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 major cities. Development of the infrastructure has not kept pace with the proliferation of motorized vehicles. Multilane 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 multilane highway runs the length of peninsular 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 while driving too fast in hilly regions.

You can also consult Malaysia's national tourist office web site, http://www.visitmalaysia.com, and Malaysia's road safety web site, http://www.kln.gov.my.

Aviation Safety Oversight: The U.S. Federal Aviation Administration (FAA) has assessed the Government of Malaysia as being in compliance with ICAO international aviation safety standards for oversight of Malaysia's air carrier operations. For more information, travelers may visit http://www.faa.gov/avr/iasa/index.cfm.

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, but travelers should be aware that criminal syndicates have frequently compromised credit card numbers, even at well-established businesses. ATMs can be a safer means of obtaining Malaysian Ringgit. Western Union money transfers are available through Bumiputra Commerce Bank.

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 and books or other printed material, video, and audio recordings which might be considered obscene or in any way harmful to 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.

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. Penalties for possession, use, or trafficking in illegal drugs in Malaysia are severe, and convicted offenders can expect long jail sentences and heavy fines. 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.

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.

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.

Engaging in illicit sexual conduct with children or using or disseminating child pornography in a foreign country is a crime, prosecutable in the United States.

Children's Issues: For information on international adoption of children and international parental child abduction, see the Office of Children's Issues website at http://travel.state.gov/family/family_1732.html.

Registration/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 a 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. Our web site is http://malaysia.usembassy.gov. The consular section's e-mail is [email protected].

Public Announcement

November 8, 2004

This Public Announcement reiterates the Department of State's ongoing concern about the safety of American citizens, especially those contemplating travel along the east coast of the Malaysian state of Sabah and overland travel into southern Thailand. This supersedes the May 12, 2004 Public Announcement and expires on May 12, 2005.

There are indications of planned additional kidnappings in eastern Sabah's coastal areas, especially at resorts frequented by foreigners. Since 2000, there have been several kidnappings and incidents of piracy in this area. In October 2003, six Indonesian and Filipino workers were kidnapped from a coastal resort in eastern Sabah. The terrorist Abu Sayyaf Group (ASG), based in the southern Philippines, has been responsible for some of these incidents; other incidents have been attributed to unidentified criminals.

Because of these incidents, along with indications of a continuing threat of kidnap attempts, American citizens should exercise caution when visiting the coastal areas of eastern Sabah. Since 2001, Malaysia has maintained a significant security presence in the region, but Sabah has extensive open waters between the mainland and its offshore islands. Emergency assistance may not always be available.

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

Americans who travel overland from Malaysia to Thailand should be aware of the Department of State's safety and security advice for Thailand, which can be found at http://www.travel.state.gov/travel/thailand.html.

Americans planning to travel to Malaysia are encouraged to register and update their contact information at https://travelregistration.state.gov. U.S. citizens should 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 eastern Sabah should also contact the U.S. Embassy before departure by telephone at (60-3) 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.

International Adoption

January 2005

The information below has been edited from a report of the State Department Bureau of Consular Affairs, Office of Overseas Citizens Services. For more information, please read the International Adoption section of this book and review current reports online at www.travel.state.gov/family.

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

Please Note: Adoptions are not common in Malaysia. Adoptions of nonrelatives are generally difficult and time-consuming procedures. Prospective parents may be required to remain in Malaysia for two or more years during the process. Prospective adoptive parent(s) who are non-Muslims may NOT adopt Muslim children.

Availability of Children for Adoption: Over the past ten years, five Malaysian children have received U.S. immigrant visas based on their adoption by U.S. parents.

Malaysian Adoption Authority: The government office responsible for adoptions in Malaysia is the Family and Children's Division, Social Welfare Department, Ministry of National Unity and Social Development. You can reach them at: 14 th Floor Wisma Shen; 50100 Kuala Lumpur, Malaysia.; Telephone: (6) (03) 269-25011; E-mail: [email protected]

Non-Muslim Adoptions: The adoption of a non-Muslim child is governed by the Adoption Act of 1952 (Act 257). The identification of a prospective child may occur privately through friends or relatives in Malaysia or through the Malaysian Social Welfare Department. Once the child has been identified, the prospective adoptive parent(s) must obtain a statutory declaration (notarized affidavit) from the biological parent(s) relinquishing all parental rights towards the child. The prospective adoptive parent notifies the Social Welfare Department of the Malaysian State in which he/she is resident of his/her intention to apply for an adoption order of the child. If the Social Welfare Department identified the child, an "offer" letter will be issued to the adoptive parents. This notification must be in writing. No matter how the child was identified, the adoptive parent(s) must reside with and care for the child not less than three (3) consecutive months before petitioning the Sessions Court or the High Court for the adoption order. Please review current reports online at www.travel.state.gov/family for more detailed information.

Muslim Adoptions: Only prospective adoptive parents who are Muslims may adopt Muslim children. The Registration of Adoptions Act of 1952 and relevant Shari'ah laws govern the adoption of a Muslim child in Malaysia. A prospective child may be identified privately or through the Social Welfare Department. A court petition is not required. The Muslim prospective adoptive parent applies to the National Registration Department to document the child as his/her adopted child. To qualify, the adoptive parent must have resided with and had continuous custody of the child for a period of not less than two years. The application should include evidence relating to the care, maintenance, and education of the child during the two years from the date of the biological parents statutory declaration (notarized affidavit) relinquishing all parental rights of the child.

If the National Registration Department is satisfied with the evidence submitted, an entry will be made in the Register and a certified copy of the entry delivered to the adoptive parents. If the Registration Department is not satisfied with the evidence, an officer from the Social Welfare Department will conduct an investigation on the well being of the child.

Children adopted under the Registration of Adoptions Act cannot assume the name or inherit property of the adoptive parents.

Age and Civil Status Requirements: The adoptive parent must be an "ordinary resident" in Malaysia, who has been is working and living in Malaysia for at least two years prior to the application. One of the prospective parents in non-Muslim adoptions must be at least 25 years old and at least 21 years older. If the prospective adoptive parent is a relative of the child, he/she must be at least 21 years of age. One of the prospective parents in Muslim adoptions must have attained the age of 25 and be at least 18 years older than the child. If the prospective adoptive parent is a brother, sister, uncle or aunt of the child, he/she must be at least have attained the age of 21.

Adoption Agencies and Attorneys: There are no agencies in Malaysia. All adoption inquiries should be directed to the Social Welfare Department, Ministry of National Unity and Social Development.

Doctors: The U.S. Embassy in Kuala Lumpur maintains current lists of doctors and sources for medical examinations that may be required.

Malaysian Documentary Requirements: The prospective adoptive parent must present the following documents to the Malaysian Social Welfare Department under the Ministry of National Unity and Social Development:

His/her valid passport
The original birth certificate of the adoptive child
Notarized letters of consent from the biological parents

U.S. Immigration Requirements: A Malaysian child, even if adopted by an American citizen, must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. Please see the International Adoption section of this book for more details.

Malaysian Embassy in the United States:
2401 Massachusetts Avenue, NW
Washington, D.C. 20008
Tel: 328-2700
E-mail: [email protected]
Malaysia also has Consulates in New York City and Los Angeles.

U.S. Embassy in Malaysia:
376 Jalan Tun Razak
50400 Kuala Lumpur
Tel: (6)(03) 2168-5000;
Fax: (6)(03) 248-5801
E-mail: [email protected]

Questions: Specific questions regarding adoption in Malaysia may be addressed to the Consular Section of the U.S. Embassy in Kuala Lumpur. You may also contact the Office of Children's Issues, SA-29, 2201 C Street, NW, U.S. Department of State, Washington, DC 20520-2818, telephone 1-888-407-4747 with specific questions. Information is also available 24 hours a day from several sources.

Important Notice Regarding Adoptions from Sarawak
July 30, 2002

U.S. citizens contemplating adoption in Sarawak are advised to exercise extreme caution and should expect delays with no guarantee of approval for a U.S. immigrant visa for the adopted child. Sarawak's adoption law is separate and distinct from that of the rest of Malaysia and may not meet the requirements of U.S. immigration law. Moreover, local adoption facilitators' knowledge of and compliance with U.S. immigration law is unknown at this time.

International Parental Child Abduction

January 2005

The information below has been edited from the report of the State Department Bureau of Consular Affairs, Office of Overseas Citizens Services. For more information, please read the 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.

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 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. 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.

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.

Questions: Additional questions may be addressed to: Office of Children's Issues, SA-29. U.S. Department of State, 2201 C Street, NW, Washington, DC 20520-2818; Phone: (202) 736-9090; Fax: (202) 312-9743