Open-ended Meeting of Governmental Experts

PoA Implementation Kit

Brokering Control



Name : Muhd Khair Razman Job Title : Undersecretary, International Division
Entity : Ministry of Home Affairs Telephone :
Address : Level 6, Block D2 Parcel D, 62546 Mobile : +603 88862366
Email : sub.ab@moha.gov.my Website :
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2008 : English
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2003 : English
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2006 Review Conference :

Public awareness
  - Activities on illegal possession of firearms (in cooperation with local shooting clubs). - Police and army cadet programmes organised at universities/schools to raise students' awareness on crimes associated with illegal SALW. - Publicity by the Police of the annual renewal datelines for a license to hold firearms in all national newspapers. (National Report, 2006)
Research/Capacity building/Seminars-Workshops
  CAPACITY BUILDING - Regular capacity-building and awareness-raising programmes for law enforcement personnel, with the assistance and funding from regional/international organisations including ASEAN Dialogue Partners and ASEAN Regional Forum as well as on a bilateral basis - Conducted capacity-building programmes on a bilateral basis on SALW - The Royal Malaysia Police organises periodical training and awareness programmes with private security agencies on safe arms handling, record keeping and training of personnel. - Establishment of South-East Asia Regional Centre for Counter-Terrorism (SEARCCT) in Kuala Lumpur in 2003. The Centre's primary focus is on training and capacity-building to combat terrorism. (National Report, 2006)
Definition (including closely associated activities and extraterritoriality):
Malaysia’s laws do not define “brokering”.
Optional elements for national legislation (registration, record-keeping, licensing, related legislation, jurisdiction, penalties):
- For the purpose of regulating the activities of those who engage in SALW brokering within national jurisdiction and control, the national legislation or administrative procedures that exist are as follows: Arms Act, 1960, Arms Licensing Regulations 1961, Firearms (Increased Penalties) Act, 1971.
- The following provisions in the Arms Act, 1960 may be relevant to deal with brokering:
Section 4(5) requires licenses granted to dealers, auctioneers, individuals, importers and exporters, and manufacturers to be registered with the police;
Section 6 (c ) - Registration for auctioneers;
Section 9 (9) - Registration of licenses granted to dealers;
Section 9(1)(a) – Licenses to deal in and repair arms;
Section 9(3) – License authorizing specific activities only, e.g. separate licenses for dealing, auctioneering, manufacturing and etc;
Section 9(5) – Dealers carrying on business at more than one premise needs to have separate licenses for each premise;
Section 9(10) – Requirement for book-keeping and returns to police;
Section 10 – Identification of the business of the licenses-holder;Section 11 – Restrictions on the sale and transfer of arms and ammunition by an individual to a licensed dealer [(section 11(1)(a), and other qualified persons only (section 11 (1) (b) and (c)];
Sections 15 and 19 – License to import and export, respectively;
Section 59(b) – Power of Minister to make regulations, from time to time, on importation, exportation, landing, transshipping, transportation, conveyance, manufacture, sale, and purchase of arms ammunitions, and imitation arms.
- With regard to criminal offences, penalties range from six months imprisonment or a fine, to death, depending on the type and seriousness of the offences, as provided for in the 1960 and 1971 Acts and 1961 Regulations.
Operational information exchange (including a) Cooperation on activities violating UNSC arms embargoes; and b) Cooperation with relevant organizations, e.g. WCO, Interpol, the UN):
Cooperation and measures within a regional Organization:
National needs (Assistance in capacity building):
Source : National Report on the Implementation of the PoA, 2010 and 2008
Date : 6/5/2011
National laws, regulations and administrative procedures:
Section 59(1)(c) of the Arms Act 1960 empowers the Minister of Internal Security to make regulations on the marking of firearms.

Mutual Assistance in Criminal Matters Act 2002

National marking practices:
The requirement of marking on each firearm is not specified in any of the acts involving firearms. However, it is noted that manufacturers generally do provide marking on firearms, including the name of the manufacturer.
Marking at the time of import:
Marking of SALW in the possession of government armed and security forces:
Measures against the removal or alteration of markings:
Accurate and comprehensive records for all marked SALW within their territory:
The manufacturer keeps note of the serial numbers of arms sold. Details of arms are recorded and kept in a register maintained by the Chief of Police of each State.
Measures taken for undertaking traces and responding to tracing requests:
For the purpose of identifying and tracing, registers are maintained permanently. The Royal Malaysia Police will be able to trace a particular arm by referring to the Register. In addition, Malaysia has introduced two systems for tracing purposes:
(1) MyBid: this system will assist in conducting ballistic identification on all small arms recovered, seized or alleged to be used in any crime. In future all arms used by private persons and security agencies will be subject to the same test;
(2) FLAME (Firearms Licensing Application Monitoring and Enquiry) system, which assists maintaining electronic records of all arms.

Working towards the establishment of a database on illicit trafficking of arms and explosives with a view to address the current lack of information or database and research indicating the volume of trade, types of cases pursued, the trends, routes and manner of smuggling.
Operational information exchange:
Information exchange and cooperation in tracing illicit SALW is conducted administratively through bilateral and multilateral arrangements, such as ASEANAPOL, INTERPOL and EUROPOL. The type and extent of information disclosed is governed by national security measures. Malaysia is working with INTERPOL and ASEANAPOL towards the creation of an integrated electronic ASEANAPOL database system (E-ADS) for information sharing and exhcnage of intelligence and operational matters. Apart from this, the Mutual Assistance in Criminal Matters Act 2002 allows for assistance to be rendered to other countries on the basis of reciprocity when the need arises.
Needs and request for assistance:
Implementation challenges and opportunities:
- Close cooperation with ASEANAPOL and INTERPOL towards the creation of an integrated electronic ASEANAPOL database system (E-ADS) for information sharing and exchange of intelligence and operational matters on crimes including SALW. (National Report, 2006) - Malaysia has signed and ratified the Agreement on Information Exchange and Establishment of Communication Procedures with Indonesia and the Philippines. The Agreement focuses on 11 transnational criminal offences whereby Parties have agreed to cooperate among themselves through the exchange of information. The offences are terrorism, money laundering, smuggling, piracy/robbery at sea, hijacking, intrusion, illegal entry, drug trafficking, theft of marine resources, marine pollution and illicit trafficking in arms. The Agreement has yet to come into force pending Indonesia’s ratification to the same. (National Report, 2008)

Signature and ratification of regional instruments
- Malaysia initiated and led the negotiations on the Treaty on Mutual Legal Assistance in Criminal Matters among like-minded ASEAN Member Countries which was concluded on 29 November 2004. The Treaty has been signed by all 10 AMCs and ratified by Singapore, Malaysia, Vietnam, Brunei and Lao PDR as at 8 July 2008. The Senior Officials through their Meetings have developed Model Request Forms and Checklists to facilitate the use of the Treaty. The Attorney General’s Chambers of Malaysia as the Secretariat for the Treaty also maintains an online database to assist the Treaty Parties. (National Report, 2008) - Malaysia is a signatory to the Manila Declaration on the Prevention and Control of Transnational Crime (1998) and the ASEAN Declaration on Transnational Crime, Manila, 20 December 1997, as well various ASEAN and bilateral declarations pertaining to terrorism. (National Report, 2008)
Regional projects
- Support of the ASEAN Plan of Action to Combat Transnational Crime as a follow-up to the Manila Declaration on the Prevention and Control of Transnational Crime. - Participation in various dialogues and Working Groups held to address the issues of transnational crime, which includes illicit trade in SALW, in the ASEAN Plan of Action. - Cooperation with neighbouring countries with common borders in the effort to curb illicit trade of small arms. This has been done through administrative and bilateral measures. (National Report, 2006)