36 Arriving vessels, unless exempted, to be reported, and produce papers cite [+]
(1) The master of every vessel arriving at any customs port and not being a vessel to which the exemption under section 39 applies shall either personally or through the agent of such vessel-
(a) forthwith report to the proper officer of customs the arrival of such vessel;
(b) give such information relating to the vessel, cargo, crew and voyage, as the proper officer of customs may require; and
(c) on demand by such officer, produce the port clearance, or other document which it is usual to grant, granted at the last port of call and any other documents relating to the vessel, cargo, crew and voyage.
(2) The proper officer of customs may retain the port clearance or other document granted at the last port of call.
(3) Where there has been a failure to comply with subsection (1) the master or agent of the vessel concerned shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.
37 No vessel unless exempted, to sail without port clearance cite [+]
(1) No vessel, whether laden or in ballast or empty, not being a vessel to which the exemption under section 39 applies, shall depart or attempt to depart from any customs port until a port clearance in the prescribed form has been granted by the proper officer of customs to the master or to the agent of the vessel.
(2) If any such vessel, departs or attempts to depart from any customs port without such port clearance, the master of the vessel and also the owner and agent of the vessel, if a party or privy there to, shall be guilty of an offence, and the vessel, if still within the territorial waters, may be detained.
(3) Any person guilty of an offence under this section shall on conviction be liable to a fine not exceeding one thousand ringgit.
38 Master to attend and answer questions when applying for port clearance, and deliver documents cite [+]
(1) Before any vessel, other than a vessel to which the exemption under section 39 applies, departs from any customs port, the master or the agent of such vessel shall attend before the proper officer of customs, and shall give such information concerning the vessel, the cargo, the crew, the passengers and the voyage, as the proper officer of customs may require and shall deliver to such officer a list of all goods, in respect of which customs duty is payable on export, and a list of all goods of a class the export of which is prohibited, which are to be delivered at another port in Malaysia.
List of goods carried to be endorsed upon or attached to port clearance
(2) If the proper officer of customs is satisfied that the information given under subsection (1) is accurate, he shall complete, sign and issue to the master or the agent of the vessel, a port clearance in the prescribed form, and shall endorse thereon or, at his discretion, attach thereto, a copy of the list of the goods delivered to the proper officer of customs in accordance with subsection (1).
Port clearance to be carried aboard vessel to next port of call
(3) Such port clearance shall be carried on board the vessel at all the times when such vessel is in the territorial waters.
39 Vessels exempted from requiring port clearance cite [+]
(1) Sections 36, 37 and 38 shall not apply to vessels of the following classes, namely-
(a) any vessel of war, troop-ship, or other vessel belonging to, or for the time being operated by the Government of Malaysia or of any foreign State and used exclusively on governmental and non-commercial services;
(b) vessels engaged solely in fishing and licensed for the purpose of fishing under any written law;
(c) vessel whose movements are confined to navigable rivers upstream of a customs station situated at or near the mouth of such river;
(d) privately owned pleasure vessels not plying for hire and not carrying cargo;
(e) vessels of a class in respect of which an order under subsection (2) is in force.
(2) The Minister may, by order, exempt either absolutely or conditionally, any class of vessels from the operation of sections 36, 37 and 38.
40 Master of vessel not sailing within 48 hours of port clearance to report to proper officer of customs cite [+]
If a port clearance is issued in respect of any vessel in accordance with subsection 38(2), and the vessel does not sail within forty-eight hours thereafter, the master or agent of such vessel shall report to the proper officer of customs his reason for not sailing, and if the proper officer of customs so directs shall obtain a fresh port clearance.
41 When clearance may be refused cite [+]
(1) The proper officer of customs shall not grant a port clearance in respect of any vessel-
(a) until the provisions of this Act and any regulation made thereunder regarding the vessel and cargo carried aboard such vessel have been complied with; or
(b) until all charges and penalties due by such vessel or by the owner or master thereof and all duties payable in respect of any goods shipped therein have been paid or their payment secured by such deposit or written guarantee as the proper officer of customs may require.
(2) If under the provisions of any written law a Port Officer or other proper authority has notified the proper officer of customs that any vessel is liable to be detained, the proper officer of customs shall not issue a port clearance in respect of such vessel without the written concurrence of such Port Officer or other proper authority.
42 Application to aircraft cite [+]
The provisions of this Part shall apply, with such modifications and adaptations as may be necessary, in respect of aircraft arriving at, or departing from, any customs airport.