On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 13/03/2013.
PART II
TRANSFER AND BROKERING OF STRATEGIC GOODS AND STRATEGIC GOODS TECHNOLOGY
5.
—(1) No person shall —
(a)
export, tranship or bring in transit any strategic goods;
(b)
export any document in which any strategic goods technology is recorded, stored or embodied; or
(c)
transmit any strategic goods technology.
(d)
[Deleted by Act 45/2007 wef 01/01/2008]
(2) No person shall —
(a)
export, tranship or bring in transit any goods;
(b)
export any document in which any technology is recorded, stored or embodied; or
(c)
transmit any technology,
if —
(i)
he has been notified by an authorised officer or a senior authorised officer that the goods or technology is intended or likely to be used, wholly or in part, for or in connection with a relevant activity;
(ii)
he knows that the goods or technology is intended to be used, wholly or in part, for or in connection with a relevant activity; or
(iii)
he has reasonable grounds to suspect that the goods or technology is intended or likely to be used, wholly or in part, for or in connection with a relevant activity.
(3) Subsections (1) and (2) do not apply to an act authorised by a permit.
(3A) Subsections (1) and (2) do not apply to any technology in the public domain.
(4) Subsections (1) and (2) do not apply to the export of any document in which any technology is recorded, stored or embodied, or to the transmission of any technology, to the extent that this is necessary to facilitate —
(a)
the installation, operation, maintenance or repair of any goods which have been exported, transhipped or brought in transit, where a permit has been obtained or is not required for such export, transhipment or bringing in transit;
(b)
an application for a patent; or
(c)
any research in the technology the results of which have no practical application.
(5) Subsection (2)(a) does not apply to the bringing in transit of any goods with the approval of a senior authorised officer.
(6) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable —
(a)
on a first conviction, to a fine not exceeding $100,000 or 3 times the value of the goods or technology in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 2 years or to both; or
(b)
on a second or subsequent conviction, to a fine not exceeding $200,000 or 4 times the value of the goods or technology in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 3 years or to both.
(7) In proceedings for an offence for an act referred to in subsection (1)(c) or (2)(c), it is a defence for the accused to prove that, at the time of carrying out the act, he did not know nor have reason to believe that the technology in question would thereby become accessible to any person in a foreign country.
(8) In proceedings for an offence in respect of any goods or technology referred to in subsection (2)(iii), it is a defence for the accused to prove that he has made all reasonable inquiries as to the use or proposed use of those goods or technology and is satisfied from such inquiries that those goods or technology will not be used for or in connection with a relevant activity.
6.
—(1) No person shall arrange or negotiate, or do any act to facilitate the arrangement or negotiation of —
(a)
a contract for the acquisition or disposal of any goods referred to in subsection (2) if he knows or has reason to believe that such a contract will or is likely to result in the removal of those goods from one foreign country to another foreign country; or
(b)
a contract for the acquisition, disposal or transmission of —
(i)
any technology referred to in subsection (3); or
(ii)
any document in which such technology is recorded, stored or embodied,
if he knows or has reason to believe that such a contract will or is likely to result in the transmission of such technology or removal of such document from one foreign country to another foreign country.
(2) Subsection (1) applies to —
(a)
such strategic goods as may be specified by the Minister by order published in the Gazette; or
(b)
any goods —
(i)
which that person has been notified by an authorised officer or a senior authorised officer are intended or likely to be used, wholly or in part, for or in connection with a relevant activity;
(ii)
which he knows are intended to be used, wholly or in part, for or in connection with a relevant activity; or
(iii)
which he has reasonable grounds to suspect are intended or likely to be used, wholly or in part, for or in connection with a relevant activity.
(3) Subsection (1) applies to ––
(a)
such strategic goods technology as may be specified by the Minister by order published in the Gazette; and
(b)
any technology ––
(i)
which that person has been notified by an authorised officer or a senior authorised officer is intended or likely to be used, wholly or in part, for or in connection with a relevant activity;
(ii)
which he knows is intended to be used, wholly or in part, for or in connection with a relevant activity; or
(iii)
which he has reasonable grounds to suspect is intended or likely to be used, wholly or in part, for or in connection with a relevant activity.
(3A) Subsection (1) does not apply to any technology in the public domain.
(4) Subsection (1) does not apply to an act in relation to any goods referred to in subsection (2)(a) by a person who is registered.
(5) Subsection (1) does not apply to an act in relation to —
(a)
any goods referred to in subsection (2)(b); or
(b)
any technology referred to in subsection (3), or any document in which such technology is recorded, stored or embodied,
that is authorised by a permit.
(6) Subsection (1) does not apply to any person whose sole involvement in the acquisition or disposal of the goods, technology or document, or the transmission of the technology, is the provision of —
(a)
transportation service;
(b)
financing or financial service;
(c)
insurance;
(d)
advertising service to the extent that it involves the dissemination of information that is generally available to the public; or
(e)
such other service as may be prescribed.
(7) Subsection (1) does not apply to any contract for the acquisition, disposal or transmission of any technology, or of any document in which any technology is recorded, stored or embodied, to the extent that such acquisition, disposal or transmission is necessary to facilitate —
(a)
the installation, operation, maintenance or repair in any foreign country of any goods which are not strategic goods;
(b)
an application for a patent; or
(c)
any research in the technology or part, the results of which have no practical application.
(8) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable —
(a)
on a first conviction, to a fine not exceeding $100,000 or 3 times the value of the goods or technology in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 2 years or to both; and
(b)
on a second or subsequent conviction, to a fine not exceeding $200,000 or 4 times the value of the goods or technology in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 3 years or to both.
(9) In proceedings for an offence in respect of any goods referred to in subsection (2)(b)(iii) or any technology referred to in subsection (3)(c), it is a defence for the accused to prove that he has made all reasonable inquiries as to the use or proposed use of those goods or technology and is satisfied from such inquiries that those goods or technology will not be used for or in connection with a relevant activity.
(10) In this section —
“acquisition”, in relation to any goods, technology or document, means the purchase, hire or borrowing of the goods, technology or document, or the acceptance of the goods, technology or document as a gift;
“disposal”, in relation to any goods, technology or document, means the sale, letting on hire or lending of the goods, technology or document, or the giving of the goods, technology or document as a gift.
7.
—(1) An application for a permit to carry out an act —
(a)
referred to in section 5(1) or (2); or
(b)
referred to in section 6(1) in relation to —
(i)
any goods referred to in section 6(2)(b); or
(ii)
any technology referred to in section 6(3) or any document in which such technology is recorded, stored or embodied,
shall be made to the Director-General.
[6/2003]
(2) An application for a permit shall be made in such manner and form as the Director-General may determine, and shall be accompanied by such fee as may be prescribed.
[6/2003]
(3) The Director-General may, subject to the regulations made under subsection (7), grant a permit to the applicant and may impose such conditions on him as the Director-General thinks fit.
[6/2003]
(4) The Director-General may, subject to the regulations made under subsection (7), renew a permit with or without conditions, or cancel a permit.
[6/2003]
(5) A person aggrieved by a decision of the Director-General not to grant or renew a permit, or to cancel a permit, may appeal to the Minister whose decision shall be final.
[6/2003]
(6) The Director-General may delegate any of his powers under this section to a senior authorised officer.
[6/2003]
(7) The Minister may make regulations to prescribe the class or classes of permits that may be granted, the time, form and manner of application for a permit, the conditions of a permit, the circumstances under which an application may be granted or refused, or a permit may be cancelled, renewed or replaced, and the fees payable in respect thereof.
8.
—(1) An application for registration to carry out an act referred to in section 6(1) in relation to goods referred to in section 6(2)(a) shall be made to the Director-General in such manner and form as the Director-General may determine, and shall be accompanied by such fee as may be prescribed.
[6/2003]
(2) The Director-General may, subject to the regulations made under subsection (6), register the applicant and may impose such conditions on him as the Director-General thinks fit.
[6/2003]
(3) The Director-General may, subject to the regulations made under subsection (6), renew any registration with or without conditions, or cancel or suspend any registration.
[6/2003]
(4) A person aggrieved by a decision of the Director-General not to register him or renew his registration, or to cancel or suspend his registration, may appeal to the Minister whose decision shall be final.
[6/2003]
(5) The Director-General may delegate any of his powers under this section to a senior authorised officer.
[6/2003]
(6) The Minister may make regulations to prescribe different classes of registration, the time, form and manner of application for registration, the duration of any registration, the conditions of registration, the circumstances under which an application may be granted or refused, or any registration may be suspended, cancelled, extended or renewed, and the fees payable in respect thereof.
9. If any person who holds a permit or who is registered contravenes, without lawful excuse, a condition of the permit or registration that is prescribed under section 7(7) or 8(6), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.