MALAYSIA

Compiled from the September 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, Miri.

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):

25.6 million.

Annual growth rate:

2.4%.

Ethnic groups:

Malay 50.8%, Chinese 23.8%, Indigenous 10.9%, Indian 7.1%, non-Malaysian citizens 6.8%, others 0.6%.

Religion:

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 (2.8%).

Language:

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

Education:

Years compulsory—9. Attendance—98.5% (primary), 82% (secondary). Literacy (2002)—95%.

Health:

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

Work force (10.6 million, 2003):

Manufacturing 29.1%; other services—28.2%; agriculture—13.8%; government services—9.8%; construction—7.6%; finance—6.4%; transportation and communications—5.2%; 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 diPertuan 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, session's courts, magistrate's courts, and juvenile courts. Shariah 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:

$111.3 billion.

Annual real GDP Growth rate:

7.1%.

Per capita (GDP) income:

$4,352.

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—$127.0 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 15.0%, Japan 10.9%. Merchandise imports—$99.2 billion: machinery, chemicals, manufactured goods, fuels, and lubricants. Major suppliers—U.S. 15%, Japan 15%, Singapore 11%.

PEOPLE

Malaysia's population of 25.6 million (2004) continues to grow at a rate of 2.0% per annum; about 32.8% 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, Thai, 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 lead-ership 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 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 diPertuan 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 3-year terms, which are normally extended for an additional 3 years; 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: 10/21/2005

Paramount Ruler: Tuanku SYED SIRAJUDDIN ibni Almarhum Tuanku Syed Putra Jamalullail
Dep. Paramount Ruler: Sultan MIZAN Zainal Abidin ibni Almarhum AlSultan Mahmud AlMuktafi 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 (Acting): SHAHRIZAT binte Abdul Jalil
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: HAMIDON Ali

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.

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 7.1% (real GDP) in 2004, after expanding 5.3% in 2003. The better than expected expansion in 2004 was fueled primarily by the continuing strength of the manufacturing sector, particularly the electronics and chemical industries. The strength of the global electronics sector continued to boost Malaysian exports to the U.S., Malaysia's principal trade and investment partner. However, the economic prognosis is that the economy's growth will slow in 2005—the current projection is between 5.0% to 6.0%. Malaysia manufacturers remain concerned about slowing growth regionally and globally, and the impact of continued high oil prices.

Although Malaysia is a net exporter of oil, due to the significant and rapid hike in oil prices, the government has seen an increased cost to support oil subsidies. It has also passed some of the burden of these subsidies to domestic consumers through higher prices at the pump, thereby raising concerns about inflation.

On July 21, 2005, the government removed the 7-year old peg linking the ringgit's value to the U.S. dollar (at an exchange rate of RM 3.8/U.S.$1.0), replacing it with a managed float against an undisclosed basket of currencies. This move aims to keep the ringgit stable to support the country's export-based economy.

Malaysia remains an important trading partner for the United States. In 2004, bilateral trade between the United States and Malaysia totaled U.S.$39.1 billion. U.S. exports to Malaysia were $10.9 billion, and U.S. imports from Malaysia were $28.2 billion. Malaysia was the United States' 10th-largest trading partner and its 16th-largest export market. During the first 6 months of 2004, U.S. exports to Malaysia totaled $4.8 billion while the United States imported $15.3 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 2004, the Malaysian Government approved U.S. $263 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 governmentlinked 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 elected chair of the 39th ASEAN Standing Committee and will host the ASEAN Summit and East Asia Summit in December 2005. Malaysia will also host the ASEAN Ministerial and ASEAN Regional Forum meetings in July 2006. 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

December 30, 2005

Country Description:

Malaysia is a constitutional monarchy with an elected federal parliamentary government. The country is comprised of 13 states, 11 on the Malay 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 25 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 www.kln.gov.my and the Malaysian tourism promotion board's Web site at www.tourism.gov.my or the Malaysian Ministry of Culture, Arts & Tourism's Web site at www.malaysiamydestination.com.

Safety and Security:

The Department of State reiterates its 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. The Department of State strongly urges American citizens to defer all non-essential travel to eastern Sabah's coastal areas and offshore islands.

There are indications of continued planning of kidnappings, including of foreigners, in eastern Sabah's coastal areas and offshore islands. Several kidnappings and piracy incidents have occurred in this area, most recently in March 2005. 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. Emergency assistance in the area 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 alQaeda 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 information 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 https://travelregistration.state.gov.

For the latest security information, Americans traveling abroad should regularly monitor the Department's Internet web site at http://travel.state.gov/where the current Travel Warnings and Public Announcements, including the Worldwide Caution Public Announcement, can be found. 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 1-202-501-4444. These numbers are available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays).

Entry Requirements:

American citizens are required to have a passport valid for at least six months to enter Malaysia, but you do not need to obtain a visa in advance for a pleasure or business trip if your stay in Malaysia is 90 days or less. Upon or prior to entry into Malaysia, you will be given a Malaysian Disembarkation Card to complete and present to Malaysian immigration upon arrival. Immigration officials will then issue you a social visit pass (visa) in your passport.

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. Social visit passes (visas) issued at immigration points (such as KLIA airport, Johor Bahru, Kota Kinabalu (Sabah), etc.) for entry into peninsular Malaysia are not valid for entry into the state of Sarawak, and usually have 3 months' validity. New social visit passes (visas) must be obtained upon arrival at Kuching or Miri airports in Sarawak. In most cases, social visit passes (visas) issued by Sarawak immigration officials are valid for any part of Malaysia and usually have 1 month's validity.

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 visit the Malaysian Government's Web site, 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. For the most current visa information, visit the Embassy of Malaysia's Web site at www.kln.gov.my.

Visa Overstays:

Since 2003, Malaysian immigration authorities routinely have detained foreigners who overstay their social visit passes (visas). In light of the arrests of several American citizens in connection with immigration sweeps conducted by Malaysian police and immigration authorities in early 2005, American citizens are reminded to carry a copy of their passport identification and visa page(s) with their Malaysian social visit pass at all times. 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 check their visa status periodically while in Malaysia and strictly follow immigration laws and regulations.

Dual Nationality:

Malaysia does not recognize or permit dual nationality. If Malaysian authorities learn that you are a citizen of both Malaysia and the United States, they may require that you either renounce your United States citizenship immediately or forfeit your Malaysian citizenship. Dual American/Malaysian citizens should consider this issue seriously before traveling to Malaysia. For information on general entry and exit requirements pertaining to dual nationality, go to http://travel.state.gov/travel/cis_pa_tw/cis/cis_1469.html.

International Child Abduction:

There has recently been an increase in the number of parental child abduction cases in Malaysia. While each case is different, Malaysian courts and police have been consistent in enforcing valid U.S. sole custody decrees. For general information about prevention of international child abduction, go to http://travel.state.gov/travel/cis_pa_tw/cis/cis_1469.html.

Customs Information:

See http://travel.state.gov/travel/cis_pa_tw/cis/cis_1468.html.

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, including Americans, have reported serious problems after responding to private sector Internet advertisements to donate money to be directed to the Kuala Gandah Elephant Conservation Center. The ads also offer opportunities to do wildlife volunteer work, and to engage in jungle trekking and survival experiences. The Kuala Gandah Elephant Conservation Center (KGECC) is operated by the Government of Malaysia Department of Wildlife and National Parks and does not accept donations or support of this nature, nor does it operate jungle trekking and survival programs. Please visit the KGECC web site, http://www.wildlife.gov.my/i_eco_gondah.htm for the most recent information.

Persons interested in participating in wildlife volunteer programs or taking trekking and survival courses should contact the American Citizens Services (ACS) section of the U.S. Embassy for further information.

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. 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 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.

In general, Malaysian ambulance attendants lack training equivalent to U.S. standards. Callers to Malaysia's "999" emergency number (equivalent to the U.S. 911) are connected to the Red Crescent and patients are directed to whichever hospital the dispatcher chooses. Americans staying in Malaysia for extended periods, especially those who have known health problems, are advised to investigate private ambulance services in their area and to provide family and close contacts with the direct telephone number (s) of the service they prefer.

Air quality in Malaysia is acceptable most of the time. However, when burning of vegetation occurs in Malaysia and nearby countries, especially from March through June and during September and October, air quality can range from "unhealthy for sensitive groups" to "unhealthy".

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

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. Motorcyclists attempt to circumvent traffic blockage by weaving through vehicles and pedestrians. There has been a recent rise in the reported number of incidents involving late-night road rage. The majority of these violent incidents occur after midnight. Traffic is heavy during the morning and afternoon rush hours and slows down considerably when it rains. Bottlenecks are common 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 toll 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, www.visitmalaysia.com, and Malaysia's road safety web site, 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.

Natural Disasters:

Since the December 26, 2004, Asian tsunami, aftershock earthquakes have been felt in parts of Malaysia. Because earthquakes may occur at any time in this region and, in rare cases, may cause tsunamis, American citizens are urged to move away from beaches following an earthquake and to monitor local media for important information.

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 and of their current social visit pass (visa) with them at all times, so that, if questioned by local officials, proof of identity, U.S. citizenship and legal status in Malaysia is readily available.

Engaging in 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 Web site at http://travel.state.gov/family/family_1732.html.

Registration/Embassy Location:

American citizens living in or visiting Malaysia are encouraged to register their stay in Malaysia online at https://travelregistration.state.gov/ibrs/home.asp or in person by visiting the U.S. Embassy's American Citizen Services (ACS) section. 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's 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 ACS telephone number is (60-3) 2168-4997/4979, and the Consular section's fax number is (60-3) 2148-5801. The U.S. Embassy's general fax number is (60-3) 2142-2207 and Web site is http://malaysia.usembassy.gov. The Consular section's email is [email protected].

International Adoption

January 2006

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 flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. 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; Email: [email protected]

Malaysian Adoption Procedures:

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.

When an application for an adoption order is made, the Court appoints a guardian ad litem for the child. In most cases, the court will appoint a Social Welfare office employee. To safeguard the interests of the child before the Court, the guardian ad litem investigates the background and circumstances of the child and the adoptive parent(s), including all matters relevant to the proposed adoption. The completed guardian ad litem report is submitted to the Court on the day of the hearing. The Court may issue an adoption order or an interim order awarding custody of the child to the adoptive parent(s) for a probationary period of not less than six months and not exceeding two years, subject to provisions for the maintenance, education and supervision of the welfare of the child.

The Registrar of the Court sends a certified copy of the adoption decree to the Registrar-General at the National Registration Department and to the adoptive parent(s) within seven days. The Registrar-General enters the adoption order in the Adopted Children Register. The Register entry serves as the child's official record instead of the original birth certificate. The adoptive parent may apply for a copy through the Registrar-General.

Muslim Adoptions: Only prospective adoptive parents who are Muslims may adopt Muslim children. The Registration of Adoptions Act of 1952 and relevant Shariah 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 and review current reports online at travel.state.gov/family.

Malaysian Embassy in the United States:

2401 Massachusetts Avenue, NW
Washington, D.C. 20008
Tel: 328-2700
Email: [email protected]

Malaysia also has Consulates in New York City and Los Angeles.

U.S. Embassy in Malaysia:

The Consular Section is located at:
376 Jalan Tun Razak
50400 Kuala Lumpur
Tel: (6)(03) 2168-5000
Fax: (6)(03) 248-5801
Email: [email protected]

Additional Information:

Prospective adoptive parents are strongly encouraged to consult BCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.

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.

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 2006

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 flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. 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). For more information, please read the International Parental Child Abduction section of this book and review current reports online at travel.state.gov.

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. Questions on specific Islamic laws as they pertain to custody rights should be addressed to a lawyer licensed to practice in Malaysia.

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: http://usembassymalaysia.org.my/he 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/; mailto:[email protected] 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. mailto:[email protected] For more information, please read the International Parental Child Abduction section of this book and review current reports online at travel.state.gov.

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.

Retaining a Foreign Attorney:

A list of English speaking attorneys is available from the U.S. State Department Office of American Citizens Services. http://caweb/cainternet/judicial_assistance.html#attorneys. For more information, please read the International Parental Child Abduction section of this book and review current reports online at travel.state.gov.

Criminal Remedies:

The Department of State is not a law enforcement agency. The Department of Justice, Office of International Affairs works with US prosecuting attorneys, the Federal Bureau of Investigation and with Interpol (an international police agency) in a joint cooperative effort to return persons charged with US crimes from foreign countries. Extradition of the abducting adult may not result in the return of the child. Foreign countries may refuse to extradite a person to the US if that person is also a citizen of the foreign country. Foreign countries may not recognize parental abduction as a crime. Please note that the extradition process applies only to the abducting adult/fugitive and not the child. The proper channel for the return of the child is through civil mechanisms or voluntary return arrangements. For further information on international parental child abduction, contact the Office of Children's Issues at 202-736-7000, visit the State Department website on the Internet at http://travel.state.gov, or send a nine-by-twelveinch, self-addressed envelope 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.