Sabah: New guideline for barter traders

April 2, 2013

KL says that Filipino barter traders must have valid passports to enter Sabah ports.

MANILA: The Philippine Embassy in Kuala Lumpur said on Monday that Malaysia has imposed new guidelines for barter traders in Sabah and Labuan, notably requiring Filipinos and other foreigners to have passports or seaman’s books in order to enter these areas.

The new rules come amid the continuing tension between the Philippines and Malaysia, over the case of hundreds of followers of the Sulu Sultanate whom Malaysian security forces are pursuing for their attempt to “reclaim our homeland” Sabah.

The Sultanate claims it never relinquished ownership of the resource-rich territory, which the British government gave to Malaysia when the latter was federated. The Sulu sultanate had rented out Sabah to British merchants, and continues to receive annual rental payments from Kuala Lumpur.

In a report to the Department of Foreign Affairs, the Philippine embassy in KL conveyed the Malaysian Foreign Ministry’s note verbale to all diplomatic missions in that country: “With effect from April 15, 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 note verbale added: “Effective from April 2, 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.”

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

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 not allowed to move to another boat until they return to their country of origin.

The online news portal InterAxsyon said previously, SICs were issued to individuals, as long as they satisfied the requirements, including a valid medical examination certificate and a payment of RM50.

In Sabah, there are three ports allowed to engage in barter trade: 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 new measure will be charged under the Malaysian Immigration Act 1959/63, Section 55 A (conveying a person to Malaysia illegally), which is punishable with 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.

- Agencies