TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-1209.1

________________________________________________________________________

CUSTOMS 

Memorandum of Understanding

 Between the UNITED STATES OF AMERICA

and MALAYSIA

Signed at Sepang December 9, 2014
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
 MALAYSIA

 Customs

 Memorandum of understanding

 signed at Sepang December 9, 2014;

 Entered into force December 9, 2014.

 
MEMORANDUM OF UNDERSTANDING 

BETWEEN 

THE GOVERNMENT OF MALAYSIA AND 

THE GOVERNMENT OF THE UNITED STATES OF AMERICA 

REGARDING MUTUAL ASSISTANCE ON CUSTOMS MATTERS 

The Government of Malaysia and the Government of the United States of America 

(hereinafter referred to singularly as "the Party'' and collectively as "the Parties"), 

DESIRING to promote communications, cooperation and assistance between the Parties on 

Customs matters; 

CONSIDERING that om~nses against Customs laws are prejudicial to the economic, fiscal, 

social and commercial interests of the respt:.'Ctive countries; 

CONSIDERING the importance ofensuriilg accurate assessment of Customs duties collected 

upon importation or exportation and for the purpose of ensuring proper enforcement of 

specific measures of prohibition, restriction and control; 

BELIEVING that strengthening cooperation on Customs matters will contribute to the 

facilitation and increase of trade between both countries; 

RECOGNIZING the need for international cooperation in matters related to the application 

and enforcement of the Customs laws of their respective countries; 

HAVING REGARD to international conventions on Customs matters and standards 

pertaining to prohibitions, restrictions and special measures of control in respect of specific 

goods; 

CONVINCED that action against Customs offenses can be made more eflective by 

cooperation between their Ct!stoms Administrations; 

BEARING IN MIND the need to hannonize Customs procedures in accordance with 

relevant international standards; 

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HAVING REGARD to the Recommendation of the Customs Cooperation Council regarding 

Mutual Administrative Assistance of December 5, 1953, and aftirming that such cooperation 

and mutual assistance would mutually benefit both Parties and serve their common interests 

and aspirations; and 

HAVING REGARD to other agreements and arrangements between the Parties; 

HAVE AGREED as follows: 

ARTICLE 1 

DEFINITIONS 

For the purposes of the present Memorandum of Understanding (MOU)-

I. the term "Customs Administration" means. in Malaysia, the Royal Malaysian 

Customs Department, and in the United States of America, the United States 

Customs and Border Protection and United States Immigration and Customs 

Enforcement, Department of Homeland Security; 

2. the term "Customs laws" means the laws and regulations administered and enforced 

by the Customs Administrations concerning the importation, exportation, and transit 

of goods as they relate to customs duties and other customs charges, or to 

prohibitions, restrictions and other similar controls respecting the movement -of 

controiied items across national boundaries; 

3. the term "information" means data in any form, including copies or extracts of 

documents, records and reports, or computer-based data; 

4. the term "Customs o!Tense" means any violation or attempted violation of the 

Customs laws; 

5. the term "person" means any natural or legal person; 

6. the term ''Requesting Administration" means the Customs Administration that 

requests assistance; and 

7. the tem1 "Requested Administration" means the Customs Administration fi·om 

which assistance is requested. 

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ARTICLE 2 

OBJECTIVE 

Subject to the terms of this MOU and the laws, rules, regulations and policies of the 

Parties, and within the limits of their competency, jurisdiction and available resources, the 

Parties agree to strengthen, promote and develop cooperation and mutual assistance on 

matters under the purview of the Customs Administrations and to strengthen mutual 

understanding and communications. 

ARTICLE3 

SCOPE OF THE MEMORANDUM OF UNDERSTANDING 

L Each Customs Administration shall execute all requests for assistance made 

pursuant to this MOU in accordance with and subject to the limitations of its 

domestic laws, regulations and policies, and within the limits of its competence and 

available resources. 

2. The Parties, through their Customs Administrations, shall assist each other, in 

accordance with the provisions of this MOU in preventing, investigating and 

repressing any Customs offense. 

3. This MOU is intended solely for mutual assistance between the Parties; the 

provisions of this MOU shall not give rise to a right on the part of any private 

person to obtain, suppress, or exclude any information or other item, or to impede 

the execution of a request. 

4. This MOU is intended to enhance and supplement mutual assistance practices in 

effect between the Parties. No provision in this MOU may be interpreted in a 

manner that would restrict agreements, arrangements and practices relating to 

mutual assistance and cooperation in eiTect between the Panics. 

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ARTICLE4 

SCOPE OF GENERAL ASSISTANCE 

I. The Customs Administrations agree to cooperate and mutually assist each other on 

Customs matters including furnishing, upon request, any informationa. to ensure the enforcement of Customs laws; 

b. which may assist the other Customs Administration in accurately 

assessing Customs duties and other Customs charges; 

c. relating to transportation and shipment of goods showing destination 

and disposition of those goods; or 

d. to determine \Vhether goods exported from the teiTitory of one Party 

have been lawfully imported into the territory of the other Party. If 

requested, the information shall contain the Customs procedure used 

for clearing the goods. 

2. The Customs Administrations agree to cooperate and mutually assist each other on 

Customs matters, including furnishing, upon request or upon its own initiative, 

information, including but not limited to information concerninga. methods and techniques of processing cargo; 

b. the successful application of enforcement aids and techniques; 

c. enforcement actions that might be useful to suppress offenses and, in 

particular, special means of combating offenses; and 

d. new methods used in committing offenses. 

3. The Customs Administrations agree to cooperate and mutually assist each other on 

Customs matters including the following: 

a. the sharing of expertise and resources in research and development; 

b. assisting each other in training; 

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c. promoting the sharing of information on training needs and training 

facilities available: 

d. sharing each Party's new information technology used for the course 

of international trade and customs procedures; 

e establishing and maintaining channels of communication to facilitate 

the secure and rapid exchange of information; 

f. facilitating effective coordination; and 

g. any other general administrative matters in connection with the 

cooperation and mutual administrative assistance that may, from 

time to time. require both Customs Administrations' collaborative 

action. 

ARTICLES 

SCOPE OF SPECIFIC ASSISTANCE 

1. Upon request, the Customs Administrations, subject to the terms of this MOU, and 

the laws, regulations and policies, and within the limits of their competency, 

jurisdiction and available resources, arc to furnish to each other information 

regarding activities which may relate to Customs offenses w·ithin the territory of the 

other Party. 

2. In situations that could involve substantial damage to the economy, public health, 

public security or similar vital interest of the other Party, the Customs 

Administrations, wherever possible, shall supply such infonnation without being 

requested to do so. Nothing in this MOU otherwise precludes the Customs 

Administrations from providing on their own initiative information regarding 

activities that may result in offenses within the territory of the other Pmty. 

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ARTICLE 6 

INFORMATION 

I. The Requesting Administration may, in accordance with this MOU, request 

information, as defined in Article I of this MOU. Upon such request, the Requested 

Administration shall provide such information to the Requesting Administration in 

accordance with the laws, rules, regulations and policies of the Requested 

Administration. 

2. The Requested Administration may transmit computer-based information in any 

form and may also supply such other relevant material or documents ancillary to 

that computer-based information tor interpreting or utilizing that computer-based 

in formation. 

3.. Each Party, to the extent possible, tnay by n1utual arrangen1ent~ exchange 

information via an automated information system. 

ARTICLE 7 

COMMUNICATION OF REQUESTS 

I. Requests pursuant to this MOU shall be made in writing directly between ofticials 

designated by the Heads of the respective Customs Administrations, and shall be in 

the Engiish ianguage. information deemed useful for the execution of requests shall 

accompany the request. In urgent situations, oral requests may be made and 

accepted, but shall be promptly confirmed in writing as expeditiously as possible, 

no later than ten (I 0) days from the date of the oral request. 

2. Requests shall includea. the name of the authority making the request; 

b. a brief statement of the facts and offenses involved; 

c. the reason fix the request; and 

d. the names and addresses or the persons concerned in the request, if 

known. 

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3. The Requested Administration may ask the Requesting Administration to provide 

information in such form as may be necessary to enable it to execute the request. 

ARTICLE 8 

EXECUTION OF REQUESTS 

I. The Requested Administration shall take all reasonable measures to execute a 

request and shall endeavor to secure any official measure necessary for that 

purpose. 

2. If the Requested Administration is not the appropriate agency to execute a request, 

it shall promptly transmit it to the appropriate agency and so advise the Requesting 

Administration. 

3. The Requested Admirtistration shall conduct to the extent possible, inspections, 

verifications, tact-finding inquiries or other investigative steps as arc necessary to 

execute a request. 

4. Upon request, the Requesting Administration shalL when possible, be advised of 

the time and place of action to be taken in execution of a request. 

5. The officials of the Requesting Administration, subject to the consent of the 

Requested Administration, may be present in the territory of the Requested Party to 

assist each other's efforts in the execution of a request. 

6. The Requested Administration shall comply with a request that a certain procedure 

be followed, to the extent that such procedure is not prohibited by the domestic law, 

rules, regulations and policies of the Requested Administration. 

ARTlCLE9 

LIMITATIONS OF USE 

1. Subject to the provisions set forth in this Article, information provided and received 

pursuant to this MOU shall not be used in any judicial proceedings. 

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2. Information obtained under this MOU shall be affbrded the same degree of 

confidentiality by the receiving Party that it applies to similar information in its 

custody. 

3. !nl(mnation obtained under this MOU shall only be used or disclosed for the 

purposes specified in this MOU, including usc by the receiving Party in any 

administrative proceedings. Such information may be used or disclosed lor other 

purposes or by other authorities of the receiving Party if the supplying Customs 

Administration has expressly approved such use or disclosure in writing. 

4. Inflxmation received by either Party shall, upon request of the supplying Party, be 

treated as confidential. The reasons lor such a request shall be stated. 

5. This Article shall not preclude the use or disclosure of information to the extent that 

there is an obligation to do so under the Constitution and domestic laws of the 

receiving Party in connection with a criminal prosecution.' The receiving Party 

shall give advance notice of any such proposed disclosure to the supplying Party. 

6. Nothing in this ivlOU is intended to preclude the disclosure by the Party receiving 

information relating to terrorism to any other federal government agencies of the 

receiving Party where there is an obligation to do so under its applicable laws. 

7. Subject to the terms of this Article, the receiving Party is to adhere to any stated 

conditions that the supplying Party imposes on the use and disclosure of that 

information. 

8. The Customs Administrations shall establish local arrangements to ensure 

appropriate transmission, safekeeping, storage, handling and internal dissemination 

of sensitive data and documents. 

9. The Parties agree that the provisions of this Article shall continue to apply 

notwithstanding the termination of this MOU. 

ARTJCLE 10 

PUBLICLY AVAILABLE INFORMATION 

Any publicly available information may be used for any purpose. 

1 Reference to prosecution in this paragraph specifically relates to the disclosure of exculpatory information. 

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ARTICLE 11 

EXEMPTIONS 

I. Nothing in this MOll will require the Parties to grant assistance if the Parties 

determine that the granting of such assistance would infringe upon its sovereignty, 

security, public policy or other substantive national interest, or would be 

inconsistent with its domestic laws and regulations. 

2. If the Requesting Administration would be unable to comply if a similar request 

were made by the Requested Administration, it shall draw attention to that fact in 

its request. Compliance with such a request shall be at the discretion of the 

Requested Administration. 

3. ~rhe Requested Adn1inistration 1nay postpone assistance on the ground that it \Viii 

interfere with an ongoing investigation, prosecution or proceeding. In such 

instance, the Requested Administration shall consult with the Requesting 

Administration to determine if assistance can be given subject to such terms or 

conditions as the Requested Administration may require, 

4. In the event that a request cannot be complied with, the Requesting Administration 

shall be promptly notified and the Requesting Administration may be provided 

\Vith a statement of the reasons for postponement or denial of the request. 

Circumstances that might be of impm1ance for the further pursuit of the matter 

shall also be provided to the Requesting Administration. 

A.RTICLE 12 

COSTS 

I. The Requested Party shall normally pay all costs relating to the execution of the 

request for information or assistance under this MOU, with the exception of 

expenses for experts and the costs of translation, interpretation and transcription. 

2. If during the execution or a request it becomes apparent that completion of the 

execution of the request will entail expenses of an extraordinary nature, the 

Customs Administrations shall consult to determine the terms and conditions under 

which execution may continue, 

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ARTICLE 13 

IMPLEMENTA'T'ION OF THE MOU 

I. The Customs Administrationsa. shall communicate directly for the purpose of dealing with maucrs 

arising out of this MOU; 

b. after consultation, and where necessary, shall issue any 

administrative directives necessary for the implementation of this 

MOU. 

2. The Customs Administrations agree to meet periodically as necessary at the request 

of either Party in order to review the implementation ofthis MOll. 

ARTICLE 14 

APPLICATION 

This MOU shall be applicable to the Customs territories of both Parties as defined in their 

domestic laws, rules and regulations. 

ARTICLE 15 

CONSULTATION 

The Parties shall consult with each other at times to be mutually agreed upon by the Parties, 

concerning matters relating to implementation of this MOU, including its effects on either 

Party's rights and interests with respect to its national security, national and public interest or 

public order, protection of intellectual property rights and confidentiality of information, to 

ensure that the rights and interests of the Parties arc protected and safeguarded. 

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ARTICLE 16 

REVISION. AMENDMENT AND MODIFICATION 

I. Either Party may request in writing a revision, amendment or modification of all or 

any patt of this MOU. 

2. Anv revision, amendment or modification to which the Parties mutuallv consent . - shall be reduced into writing and shall form part of this MOU. 

3. Such revision, amendment or modification shall come into force on such date as 

may be detennincd by the Parties. 

4. Any revision, amendment or modification shall not prejudice the rights and 

obligations arising from or based on this MOU prior or up to the date of such 

revision, amendment or modification. 

ARTICLE 17 

SETTLEMENT OF DISPUTES 

I. The Customs Administrations shall endeavor by mutual accord to resolve disputes or 

differences arising from the interpretation. implementation or application of the 

MOU. 

2. Any dispute or difference for which no solution can be found between the Customs 

Administrations arising out of the interpretation, implementation or application of 

any of the provisions of this MOU shall be settled by mutual consultation between 

the Parties through diplomatic channels without reference to any third party or 

international tribunal. 

ARTICLE 18 

ENTRY INTO FORCE AND TERMINATION 

I. This MOU shall enter into force upon signature. 

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2. Either Party may terminate this MOU at any time by notification through 

diplomatic channels. The termination shall take effect three (3) months li·om the 

date of notification or termination to the other Party. Ongoing requests at the time 

of termination shall nonetheless be completed in accordance with the provisions of 

this MOU. 

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective 

Govemments, have signed this MOU. 

DONE at Sepang, Malaysia on the 9 day of December in the year 2014, in duplicate. both 

texts being equally authentic. 

FOR THE GOVERNMENT OF 

MALAYSIA 

.............. ~··················· DATUK AHMAD BIN MASLAN 

Deputy Minister of Finance I 

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FOR THE GOVERNMENT OF 

THE UNITED STATES OF AMEIHCA 

.... ~.:1~!~ ..... 

MR. ALAN BERSIN 

Assistant Secretary for US Department of 

Homeland Security