Malaysia

Compiled from the December 2007 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, Shah Alam, Klang, Kuching, Kota Kinabalu

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

Climate: Tropical.

People

Nationality: Noun and adjective—Malaysian(s).

Population: (2006) 26.9 million.

Annual growth rate: 1.8%.

Ethnic groups: Malay 50.2%, Chinese 24.5%, indigenous 11.0%, Indian 7.2%, non-Malaysian citizens 5.9%, others 1.2%.

Religions: Islam (60.4%), Buddhism (19.2%), Christianity (9.1%), Hinduism (6.3%), Confucianism (2.6%), tribal/folk (0.8%), other (0.4%), none/unknown (1.2%).

Languages: Bahasa Melayu (official), Chinese (various dialects), English, Tamil, indigenous.

Education: Years compulsory—6. Attendance—98.5% (primary), 82% (secondary). Literacy—93.5%.

Health: Infant mortality rate (2005)—5.1 /1,000. Life expectancy (2005)—female 76.2 yrs., male 71.8 yrs.

Work force: (10.55 million, 2005) Services—51%; industry—36% (manufacturing—28.4%, mining and construction—7.6%); agriculture—13%.

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.

Political 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.

Government branches: Executive—Yang di-Pertuan Agong (head of state and customarily referred to as the king; 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. Sharia 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 (PKR). 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 (2005)

Nominal GDP: $130.8 billion.

Annual real GDP growth rate: 7.1% (2004); 5.2% (2005).

Per capita (GDP) income: $5,042.

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

Agriculture: 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—$145.0 billion: electronics, electrical products, palm oil, petroleum, liquid natural gas, apparel, timber and logs, plywood and veneer, natural rubber. Major markets—U.S. 18.8%, Singapore 15.0%, Japan 10.1%. Merchandise imports—$118.0 billion: machinery, chemicals, manufactured goods, fuels, and lubricants. Major suppliers—Japan 16.1%, U.S. 14.6%, Singapore 11.2%.

PEOPLE

Malaysia's multi-racial society contains many ethnic groups. Malays comprise a majority of just over 50%. By constitutional definition, all Malays are Muslim. About a quarter of the population is ethnic Chinese, a group which historically played an important role in trade and business. Malaysians of Indian descent compprise about 7% of the population and include Hindus, Muslims, Buddhists, and Christians. Non-Malay indigenous groups combine to make up approximately 11% of the population.

Population density is highest in peninsular Malaysia, home to some 20 million of the country's 27 million inhabitants. The remaining 7 million live on the Malaysian portion of the island of Borneo in the large but less densely-populated states of Sabah and Sarawak. More than half of Sarawak's residents and about two-thirds of Sabah's are from indigenous groups.

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 Majapa-hit, 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 commercial center, 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 and temporarily controlled Malacca with Dutch acquiescence from 1795 to 1818 to prevent it from falling to the French during the Napoleonic war. The British gained lasting possession of Malacca from the Dutch in 1824, through the Anglo-Dutch treaty, in exchange for territory 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. During their rule the British developed large-scale rubber and tin production and established a system of public administration. British control was interrupted by World War II and the Japanese occupation from 1941 to 1945.

Popular sentiment for independence swelled during and after the war. The territories of peninsular Malaysia joined together to form the Federation of Malaya in 1948 and eventually negotiated independence from the British in 1957. Tunku Abdul Rahman became the first prime minister. In 1963 the British colonies of Singapore, Sarawak, and Sabah joined the Federation, which was renamed Malaysia. Singapore's membership was short-lived, however; it left in 1965 and became an independent republic. Neighboring Indonesia objected to the formation of Malaysia and began a program of economic, political, diplomatic, and military “confrontation” against the new country in 1963, which ended only after the fall of Indonesia's President Sukarno in 1966. Internally, local communists, nearly all Chinese, carried out a long, bitter insurgency both before and after independence, prompting the imposition of a state of emergency from 1948 to 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, 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 Malay-

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 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 dis-

tricts 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: 2/1/2008

Paramount Ruler: Sultan MIZAN ZainalAbidin ibni Al-Marhum, Sultan Mahmud Al-Muktafi Billah Shah

Dep. Paramount Ruler: Sultan ABDUL HALIM Muadzam 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: HISHAMUDDIN Tun Hussein

Min. of Energy, Communications, & Multimedia: LIM Keng Yaik

Min. of Entrepreneur Development: KHALED Nordin

Min. of Federal Territories: ZULHASNAN Rafique

Min. of Finance: ABDULLAH bin Ahmad Badawi

Second Min. of Finance: NOR Mohamed bin Yakcop

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

Min. of Health: CHUA Soi Led

Min. of Higher Education: MUSTAPA Mohammed

Min. of Home Affairs: RADZI Sheikh Ahmad

Min. of Housing & Local Government: ONG Ka Ting

Min. of Human Resources: FONG Chan Onn

Min. of Information: ZAINUDDIN Maidin

Min. of Internal Security: ABDULLAH bin Ahmad Badawi

Min. of International Trade & Industry: RAFIDAH binti Abdul Aziz

Min. of Natural Resources & the Environment: AZMI Khalid

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: Tengku ADNAN Tengku Mansur

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.: Maximus ONGKILI

Min. in the Dept. of the Prime Min.: EFFENDI Norwawi

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: RAJMAH binti Hussain

Permanent Representative to the UN, New York: HAMIDON Ali

Malaysia maintains an embassy in the U.S. at 3516 International Court NW, Washington, DC 20008, tel. (202) 572-9700; a Consulate General at 550 South Hope Street, Suite 400, Los Angeles, CA 90071, tel. (213) 892-1238; and a Consulate General at 313 East 43rd Street, New York City, NY 10017, tel. (212) 490-2722/23.

POLITICAL CONDITIONS

Malaysia's predominant political party, the United Malays National Organization (UMNO), has held power in coalition with other parties since independence in 1957. The UMNO coalition's share of the vote declined in national elections held in May 1969, after which riots broke out in Kuala Lumpur and elsewhere, mainly between Malays and ethnic Chinese. Several hundred people were killed or injured. The government declared a state of emergency and suspended all parliamentary activities.

In the years that followed, Malaysia undertook several initiatives that became integral parts of its socioeconomic model. The New Economic Policy (NEP), launched in 1971, contained a series of affirmative action policies designed to benefit Malays and certain indigenous groups (together known as bumiput-era or “sons of the soil”). The Constitution was amended to limit dissent against the specially-protected and sensitive portions of the Constitution pertaining to the social contract. The government identified intercommunal harmony as one of its official goals. The previous alliance of communally based parties was replaced with a broader coalition—the Barisan Nasional (BN) or National Front. The BN won large majorities in the 1974 federal and state elections.

Dr. Mahathir Mohamad was Prime Minister between 1981 and 2003, leading UMNO and BN to successive election victories. Mahathir emphasized economic development during his tenure, in particular the export sector, as well as large scale infrastructure projects. Mahathir attributed the success of the Asian tiger economies to the “Asian values” of its people, which he believed were superior to those of the West. Mahathir sharply criticized the International Monetary Fund (IMF), international financiers such as George Soros, and Western governments during the sharp economic and financial crisis that affected Asia in 1997-8, and denied that the downturn was due to the failures of corruption and “crony capitalism.”

The end of Mahathir's tenure was marred by a falling out with his deputy and presumed successor, Anwar Ibrahim. In September 1998, Mahathir dismissed Anwar and accused him 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 stepped down as prime minister in October 2003 after 22 years in power, and his successor, Deputy Prime Minister Abdullah Ahmad Badawi, was sworn into office. Abdullah called elections and won an overwhelming victory in March 2004, with Barisan Nasional taking 199 of 219 seats in the lower house of parliament. UMNO itself won 110 seats. The Islamic opposition party (PAS), which had made electoral inroads in 1999, was reduced to six seats in parliament and lost control of the state of Terengganu. The left of center 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.

Since taking office, Abdullah, an Islamic scholar, has promoted the concept of “Islam Hadhari” or “civilizational Islam,” emphasizing the importance of education, social harmony, and economic progress. His relationship with Mahathir eventually soured, and the former prime minister now expresses regret at supporting Abdullah to be his successor. Under the terms of the constitution the government must next call elections no later than May 2009.

ECONOMY

Since it became independent, Malaysia's economic record has been one of Asia's best. Real gross domestic product (GDP) grew by an average of 6.5% per year from 1957 to 2005. Performance peaked in the early 1980s through the mid-1990s, as the economy experienced sustained rapid growth averaging almost 8% annually. High levels of foreign and domestic investment played a significant role as the economy diversified and modernized. Once heavily dependent on primary products such as rubber and tin, Malaysia today is a middle-income country with a multi-sector economy based on services and manufacturing. Malaysia is one of the world's largest exporters of semiconductor devices, electrical goods, and information and communication technology (ICT) products.

The government 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 to enhance the economic standing of ethnic Malays and other indigenous peoples (collectively known as “bumiputeras”). One NEP goal was to expand the share of corporate equity owned by ethnic Malays. In June 1991, after the NEP expired, the government unveiled its National Development Policy, which contained many of the NEP's goals. In April 2001, the government released a new plan, the “National Vision Policy,” to guide development over the period 2001-2010. The National Vision Policy targets education for budget increases and seeks to refocus the economy toward higher-technology production. The stated goal is for Malaysia to be a fully developed economy by 2020.

The Malaysian economy went into sharp recession in 1997-1998 during the Asian financial crisis, which affected countries throughout the region, including South Korea, Indonesia, and Thailand. Malaysia's GDP contracted by more than 7% in 1998. Malaysia narrowly avoided a return to recession in 2001 when its economy was negatively impacted by the bursting of the dot-com bubble (which hurt the ICT sector) and slow growth or recession in many of its important export markets.

In July 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. The dollar peg was replaced by a managed float against an undisclosed basket of currencies. The new exchange rate policy was designed to keep the ringgit more broadly stable and to avoid uncertain currency swings which could harm exports.

FOREIGN RELATIONS

Regional cooperation is a cornerstone of Malaysia's foreign policy. It was a founding member of the Association of Southeast Asian Nations (ASEAN) and served as the group's chair most recently in 2005-2006. It hosted the ASEAN Summit and East Asia Summit in December 2005, as well as the ASEAN Ministerial and the ASEAN Regional Forum in July 2006. Malaysia is an active member of the Asia Pacific Economic Cooperation (APEC), the Organization of the Islamic Conference (OIC), the Non-Aligned Movement (NAM), and the United Nations. It is the current chair of the OIC and has also chaired the NAM. Malaysia hosted the APEC Leaders’ Meeting in 1998. Malaysia is a frequent contributor to UN and other peacekeeping missions, including recent deployments to East Timor, Indonesia, Pakistan, Sierra Leone, Kosovo, and Lebanon.

U.S.-MALAYSIAN RELATIONS

The United States and Malaysia share a diverse and expanding partnership. Economic ties are robust. The United States is Malaysia's largest trading partner and Malaysia is the tenth-largest trading partner of the U.S. Annual two-way trade amounts to $49 billion. The United States and Malaysia launched negotiations for a bilateral free trade agreement (FTA) in June 2006.

The United States is the largest foreign investor in Malaysia. American companies are particularly active in the energy, electronics, and manufacturing sectors. The cumulative value of U.S. private investment in Malaysia exceeds $10 billion. The United States and Malaysia enjoy strong security cooperation. Malaysia hosts the Southeast Asia Regional Center for Counterterrorism (SEARCCT), where over 1,100 officials from multiple countries have received training. The United States is the largest foreign provider of training courses at the center. The U.S. and Malaysia share a strong military-to-military relationship with numerous exchanges, training, joint exercises, and visits.

Secretary of State Condoleezza Rice visited Kuala Lumpur in July 2006.

Principal U.S. Embassy Officials

Last Updated: 2/19/2008

KUALA LUMPUR (E) 376 Jalan Tun Razak, APO/FPO American Embassy–KL, APO, AP 96535-8152, [6] (03) 2168-5000, Fax [6] (03) 2142-2207, Workweek: 7:45am–4:30pm, Website: http://malaysia.usembassy.gov.

TRAVEL

Consular Information Sheet

March 29, 2007

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 multi-ethnic country of 27 million people. Malays form the predominant ethnic group. The two other large ethnic groups in Malaysia are Chinese and Indians. Islam is the national religion. Bahasa Malaysia is the official language, although English is widely spoken. Travelers to Malaysia may access information on areas of interest through the Malaysian government's website at http://www.kln.gov.my/ and Tourism Malaysia's website at http://www.tourismmalaysia.gov.my.

Safety and Security: The Department of State remains concerned about the possibility of terrorist attacks against U.S. citizens in Southeast Asia. Extremist groups in the region have demonstrated the capability to carry out transnational attacks in locations where Westerners congregate, and these groups do not distinguish between civilian and official targets. The United States Government has designated two such groups, Jemaah Islamiyah (JI) and the Abu Sayyaf Group (ASG) as Foreign Terrorist Organizations. JI is linked to al-Qaeda and other regional terrorist groups, such as the ASG, and has cells operating throughout Southeast Asia.

The ASG, based in the southern Philippines, has kidnapped foreigners in Malaysia in recent years. Criminal elements are also responsible for kidnapping and piracy committed against foreigners. These acts of violence have occurred in the eastern islands and coastal areas of the state of Sabah, closest to the border with the Philippines. The most recent incident involving American citizens occurred in 2000. There are indications that both criminal and terrorist groups continue to plan acts of violence against foreigners.

For these reasons, the Department of State urges American citizens to evaluate carefully the risks of travel to the eastern islands and coastal areas of the state of Sabah. Americans who wish to visit these areas should exercise caution, remain alert to their surroundings, and use good personal security measures. Also, Americans who travel overland from Malaysia to Thailand should be aware of the Department of State's safety and security information for Thailand, and in particular for the several Thai provinces bordering Malaysia. Americans planning to travel to Malaysia are encouraged to register and update their contact information at the State Department's travel registration website.

For the latest security information, Americans traveling abroad should regularly monitor the Department's website where the current Travel Warnings and Travel Alerts, including the Worldwide Caution Travel Alert, 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.

Entry Requirements: American citizens are required to have a passport valid for at least six months to enter Malaysia, but Americans do not need to obtain a visa in advance for a pleasure or business trip if their stay in Malaysia is 90 days or less. Upon or prior to entry into Malaysia, visitors will be given a Malaysian Disembarkation Card to complete and present to Malaysian immigration upon arrival. Immigration officials will then issue a social visit pass (visa) in their passport. While in Malaysia, Americans should carry their passports with them at all times.

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, and Kota Kinabalu (Sabah) 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 must be obtained upon arrival at Kuching or Miri airports in Sarawak. In most cases, social visit passes issued by Sarawak immigration officials are valid for any part of Malaysia and usually have 1 month’ 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.

Visa Overstays: 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, American citizens should carry their passports (containing the Malaysian social visit pass) with them 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.

Crime: Violent crime involving tourists and expatriates in Malaysia is relatively uncommon. Petty theft, particularly purse snatching and pick-pocketing, and residential burglaries are the most common criminal activity directed against foreigners. Other types of non-violent criminal activity include credit card fraud and automobile theft. Malaysia's national emergency number is 999 (equivalent to the U.S. 911). An alternate number is the Royal Malaysia Police Operations Center in Kuala Lumpur, 2115-9999. In tourist areas such as Bang-sar, Kuala Lumpur, and the main square in Malacca, the police have established small “Tourist Police” stations.

Purse-Snatching: 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 phone. Thieves have also conducted snatch-thefts while leaning out of the passenger side of moving vehicles. These thefts occur at all hours and often in front of large groups of witnesses, even in upscale neighborhoods frequented by expatriates. Women walking by themselves or with small children are the most common targets. Victims have been injured and even killed after falling and being dragged by thieves in cars or on motorcycles.

To avoid becoming the victim of a purse snatching, be alert and aware of your surroundings. Pedestrians should walk facing traffic and keep a close eye on all vehicular traffic, particularly motorcycles. If possible, try to walk on the sidewalk away from the curb. Avoid poorly lit streets, shortcuts, and narrow alleys. Purses or shoulder bags should be closed and tucked under the arm. Do not wrap the strap around your arm or shoulder. People have been injured or killed by being pulled to the ground by their purse straps as the thieves speed off. If your purse or bag is snatched, immediately let go of it. Do not struggle with the attacker. Remain calm until the incident is over, and report the incident as soon as possible to the police.

Credit Card Fraud: Travelers in Malaysia should avoid using credit cards, if possible, and credit card numbers should be closely safeguarded at all times. Credit card fraud continues to be a serious problem in Malaysia, although enhanced technology has somewhat reduced reported instances of fraud. Unauthorized charges may not show on a credit card account for several months, but can unexpectedly appear in amounts of $5,000 or more. One of the more common methods is for retailers to swipe the credit card under the counter where account information is received into a machine containing a mobile phone SIM card and is transmitted to a criminal organization for reproduction. Travelers should watch retailers closely and any “under the table” transactions should be reported to the local police. In some cases sophisticated criminal organizations have tapped into data lines emanating from retail establishments. Credit card information is then stolen while it is being transmitted to financial institutions. If you must use a credit card in Malaysia, you are advised to check your account information frequently for fraudulent charges. ATM cards are safer as long as the machines where they are used are associated with reputable Malaysian banks.

Residential Burglaries: Incidents have occurred in neighborhoods with large expatriate communities. Detached, single family residences, and residences adjacent to open fields, are common targets. There have been instances where burglars entered residences by breaking through rooftops. Some burglaries are crimes of opportunity and thieves prey on soft targets with obvious vulnerabilities. Thefts from vehicles parked at residences and along city streets have also occurred. Gated apartment or condominium complexes with 24-hour guards have a lower burglary rate than other residential units, and apartments in general are burglarized less often.

Kuala Gandah Elephant Conservation Center (KGECC): Visitors to Malaysia, including Americans, have reported serious problems after responding to independent Internet advertisements to donate money to be directed to the KGECC. The ads also offer opportunities to do wildlife volunteer work, and to engage in jungle trekking and survival experiences. The KGECC is operated by the Government of Malaysia's 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's Web site at http://www.wildlife.gov.my/bhg_ekogandah.htm for the most recent information.

In many countries around the world, counterfeit and pirated goods are widely available. Transactions involving such products may be illegal under local law. In addition, bringing them back to the United States may result in forfeitures and/ or fines. More information on this serious problem is available at http://www.cybercrime.gov/18usc2320.htm.

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.

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.

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.”

Recorded 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 1-877FYI-TRIP (1-877-394-8747), fax 1-888-CDC-FAXX (1-888-232-3299), or from its website at http://www.cdc.gov/travel. For information about outbreaks of infectious diseases abroad and other health information for travelers consult the World Health Organization's (WHO) website at http://www.who.int/en.

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.

Traffic in Malaysia moves on the left side of the road, and 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 in and out of traffic, temporarily using vacant oncoming traffic lanes, and running through red lights. This poses a hazard for both drivers and pedestrians unfamiliar with such traffic patterns. Drivers should use their turn signals well in advance of turning to alert motorcycles of their intent to turn. 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. Drivers are advised to avoid confrontational behavior if involved in an accident, especially with a motorcyclist. If threatened, drivers should leave the scene and file a report with the local police within 24 hours. Traffic is heavy during the morning and afternoon rush hours and slows down considerably when it rains; monsoon rains can quickly flood roads located in low lying areas. Bottlenecks are common in major cities. Development of the infrastructure has not kept pace with the proliferation of motorized vehicles. Multi-lane highways often merge into narrow two-lane roads in the center of town and cause added congestion. Many streets are narrow and winding. Taxis are metered, but some drivers charge a rate much higher than the metered rate during peak hours, when it is raining, or when the passenger's destination is to or through a heavily congested area.

A well-maintained, heavily used, divided multi-lane 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.

Sobriety checkpoints: Police operate sobriety checkpoints in many entertainment districts frequented by expatriates. At these checkpoints, all drivers are required to submit to alcohol breath tests. A failure of the breath test results in an arrest. Laws against drinking and driving are strictly enforced with serious penalties.

Aviation Safety Oversight: The U.S. Federal Aviation Administration (FAA) has assessed the Government of Malaysia's Department of Civil Aviation as being in compliance with International Civil Aviation Organization (ICAO) aviation safety standards for oversight of Malaysia's air carrier operations. For more information, travelers may visit the FAA's internet website at http://www.faa.gov.

Flooding: A tropical monsoon season lasts from November through about mid-February. During this period, heavy rains and thunderstorms may occur every afternoon. In urban areas with poor drainage, street flooding often results. In less developed areas, landslides can cause road closures.

Earthquake/Tsunamis: 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.

Currency: 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.

Customs Regulations: Malaysia's customs authorities enforce strict regulations concerning temporary importation into or export from Malaysia of items such as firearms, narcotics, medication, business equipment, currency 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.

Dual Nationality: Malaysia does not recognize or permit dual nationality. If Malaysian authorities learn that an American citizen is also a citizen of Malaysia, they may require that the dual national either renounce United States citizenship immediately or forfeit Malaysian citizenship. Dual American/Malaysian citizens should consider this issue seriously before traveling to Malaysia.

International Child Abduction: There have been cases of parental child abduction in Malaysia. While each case is different, Malaysian courts and police have been consistent in enforcing valid U.S. sole custody decrees.

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 website at http://travel.state.gov/family.

Registration and Embassy Locations: American citizens living in or visiting Malaysia are encouraged to register their stay in Malaysia on line through the State Department's Travel Registration website 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 Unit's 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 e-mail is [email protected].

International Adoption

February 2008

The information in this section 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 http://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 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 non-relatives 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. Prospective American guardians may also want to review our Shari’a Adoption Flyer on Guardianship in Muslim Countries.

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.

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.

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.

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. Prospective adopting parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions. Please see the International Adoption section of this book for more details and review current reports online at http://travel.state.gov/family.

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
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.

International Adoption

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

February 2008

The information in this section 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 Parental Child Abduction section of this book and review current reports online at http://travel.state.gov/family.

Disclaimer: The information in this flyer 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.

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 or children would be completely subject to Malaysian law for all matters including custody.

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

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

The Federal courts have original jurisdiction in constitutional matters and in disputes between states and reviews decisions referred from the Court of Appeals. In addition to high courts, the Peninsular Malaysian states and the East Malaysian States of Sabah and Sarawak have magistrate courts, session courts, and juvenile courts. These courts would have jurisdiction on civil law cases, including child custody disputes among Malays or other Muslims/indigenous peoples. By Constitutional definition, all Malays are Muslim, and the “paramount ruler,” customarily referred to as the “King” is also the leader of the Islamic faith in Malaysia. Malaysia's official religion is Islam and Islamic (Sharia) law applies in family and religious matter for all Muslims. Although civil law cases are adjudicated under Islamic and traditional law, certain cases involving Muslims only are heard in Sharia courts and Sharia law applies in family and religious matters. Questions on specific Islamic laws as they pertain to custody rights should be addressed to a lawyer licensed to practice in Malaysia.

In order to bring a custody issue before the local court, the left-behind parent will require the assistance of an attorney licensed to practice in Malaysia. Ideally, these orders and proceedings ensure due process under the local laws as well as providing protection for the child or children. A parent holding a custody decree issued in U.S. courts must retain local Malaysian counsel to apply to the Malaysian courts for recognition and enforcement of the U.S. decree, or to petition for custody of minors.

Although visitation rights for non-custodial parents are not expressly stipulated in Malaysian Civil Code, court judgments often provide visitation rights for non-custodial parents. Since compliance with the local court rulings is essentially voluntary, Malaysian police or local law enforcement are reluctant to get involved in custody disputes and could not be counted on to enforce custody decrees issued by the Malaysian courts. For more information, please read the International Parental Child Abduction section of this book and review current reports online at http://travel.state.gov/family.

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.

Initiating Foreign Enforcement Proceedings Under Local Law : If a country is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, it may be necessary for you to initiate a child custody action in the courts in the foreign country. For additional information, see judicial assistance for Malaysia on the Internet at http://caweb/cainternet/malaysia_legal.html.

Retaining a Foreign Attorney: A list of English speaking attorneys is available from the U.S. State Department Office of American Citizens Services.

Legal Aid: Some countries provide legal aid services in child custody cases. The legal attache or consular section of the foreign embassy in Washington, D.C. may have specific guidance.

The ISS headquarters are in Geneva, Switzerland, but information or assistance may be available through its New York branch at 10 W. 40th Street, New York, N.Y. 10018, Tel. No.: 212-532-6350. The National Center for Missing and Exploited Children (NCMEC) maintains a list of attorneys interested in Hague Convention and International Child Custody cases.

NCMEC handles all Hague Convention applications for return when children from other countries are abducted and believed to be in the U.S. You may obtain additional information about the attorney program at the National Center by calling 1-800-843-5678 or 703-274-3900. The Internet home page for the National Center can be reached directly at http://www.missingkids.org

Criminal Remedies : 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. Additional information is also available on the Internet at the web site of the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) at http://www.ojjdp.ncjrs.org.

For further information on international parental child abduction, contact the Office of Children's Issues, U.S. Department of State at 1-888-407-4747 or visit its web site on the Internet at http://travel.state.gov/family. You may also direct inquiries to: Office of Children's Issues, U.S. Department of State, Washington, DC 20520-4811; Phone: (202) 736-9090; Fax: (202) 312-9743.