Malaysia imposes restrictions to control barter in Sabah

Following the armed conflict in Sabah between Malaysian security forces and the followers of the sulu oif Sultan, Kuala Lumpur has imposed restrictions for barter tarders, specifically Filipinos and other foreigners to present their passports or seaman's books to enter Sabah and Labuan.

“With effect from 15 April 2013, all crews of barter trade ships or vessels will be required to produce valid travel documents, i.e international passport or seaman book at all entry ports in Sabah.  Seaman identification card (SIC) will no longer be issued to crews of barter trade ships or vessels without valid travel documentation,” the Malaysian Foreign Ministry said in a note verbale to all diplomatic missions in the country.

“Effective from 2 April 2013, permanent Custom and Immigration Quarantine (CIQ) complexes will be operating at Ports of Kudat and Lahad Datu as well as an Immigration Control office at Karakit, Pulau Banggi where all immigration and customs procedures will be enforced at the said entry points,” the note verbale added.

“The Embassy wishes to call the attention of all barter traders and other concerned parties to the new regulation, otherwise they may be significantly inconvenienced if they are found by Malaysian authorities to be in violation,” Consul General Medardo Macaraig said.

Under the new measure, barter traders will only be allowed to be in Sabah and Labuan for a maximum of seven days, with no extension.  Crew members are also prohibited from moving to another boat until they return to their country of origin.

Previously, SICs are issued to individuals, as long as they satisfied the requirements, including a valid medical examination certificate and a payment of 50 Malaysian ringgit (RM).

In Sabah, there are three ports allowed to engage in barter trade, namely Sandakan, Tawau, Kudat and one in the Federal Territory of Labuan.

The number of barter traders issued with SICs last year was 18,388 and the number of vessels involved was 1,768.

Ship captains in violation of the said measure will be charged under the Malaysian Immigration Act 1959/63, Section 55 A (conveying a person to Malaysia illegally), which is punishable of up to five years in prison or up to RM50,000 in fines or six strokes of a cane.

They can also be charged under the new Immigration Act Anti-Trafficking in Person and Smuggling of Migrants, where the penalty is a maximum period of 20 years imprisonment or fine of RM500,000 and blacklisting.

The ship’s crew would also be charged under the Immigration Act’s Section 6 (1) (c) or lack of valid documents in entering the country, which provides for up to five years in prison or a fine of up to RM10,000 or up to six strokes of a cane.

The Department of Foreign Affairs is coordinating with concerned government agencies to support affected sectors in Mindanao in meeting the challenges of this new regulation.