UNIVERSITI KUALA LUMPUR

MALAYSIAN INSTITUTE OF INDUSTRIAL TECHNOLOGY

GROUP ASSIGMENT
FEBUARY 2023 SEMESTER

SUBJECT CODE: JLD 22113

SUBJECT NAME: CUSTOMS AND EXCISE

PREPARED FOR: MADAM MIMI SURIANI MAT DAUD

PREPARED BY: GROUP AMRI CLASS: DIL22/2PB

DATE SUBMISSION: 31 MAY 2023

NAME ID NUMBER
MUHAMMAD ARIFF OMAR BIN MOHD SAAD 57102322006
MUHAMMAD AMRI BIN MASRAN 57102322100

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TABLE OF CONTENT
PAGE CONTENT
3 Introduction
4-5 Related case with the acts
6 Factor to the case
7 Challenge
8 Ways to overcome
9 Conclusion
10 Reference

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INTRODUCTION

The Customs (Prohibition of Imports) Order 2017 (Perintah Larangan Import Kastam 2017)
is a crucial piece of Malaysian legislation that regulates the importation of specific items into
the country. This order was enacted to protect public safety, security, and morality, as well as
to prevent the importation of products that violate international laws and conventions.

This order prohibits the importation of a comprehensive inventory of products into Malaysia,
encompassing a wide variety of prohibited items. On the list, some of the most notable items
are firearms, explosives, counterfeit currency, and pornographic materials. Additionally,
certain categories of chemicals, pesticides, and hazardous refuse are prohibited from
importation.

The primary purpose of the Customs (Prohibition of Imports) Order 2017 is to ensure that
imported products are secure for public consumption and do not pose a threat to public
health, safety, or security. It is also intended to prevent the importation of items that could be
used for illegal activity or to violate international laws and conventions.

In addition to prohibiting the importation of certain items, the order specifies the import
procedures for other items. These procedures include obtaining the required permits and
certifications, adhering to import quotas and regulations, and paying any taxes or duties that
may apply.

Businesses and individuals involved in the importation of products into Malaysia must be
familiar with the provisions of this order. Noncompliance with the order may result in the
seizure and annihilation of the prohibited products, as well as fines and other legal penalties.

The Customs (Prohibition of Imports) Order 2017 regulates the importation of products into
Malaysia. It ensures that imported products pose no threat to public health, safety, or security
and are secure for public consumption. This serves to secure the interests of the Malaysian
people and promote economic growth and development in the country.

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Existing case related The Customs (Prohibition of Imports) Order 2017 (Perintah
Larangan Import Kastam 2017)

KUCHING (May 3, 2021): Two of this year's largest attempts to smuggle narcotics into the
state through Kuching International Airport (KIA) were thwarted by the Customs
Department.

Director of Customs Sarawak Herman Shah Abdullah stated at a press conference today that
the first attempt was made on April 28, when a Customs officer inspected two suitcases
registered to a local woman who had arrived from Kuala Lumpur at 3.25 p.m. According to
Herman Shah, the customs officer deemed the baggage readings suspicious and decided to
conduct a comprehensive examination.

"The inspection quickly uncovered 18 packages wrapped in gift and carbon paper; the
packages' contents were suspected to contain marijuana," he said.

He added that the suspected narcotics were enveloped in a total of four layers, including two
layers of transparent plastic, one layer of carbon paper, and a final layer of gold-coloured
paper. Herman Shah stated that the 18 parcels contained an estimated 18.26 kilogrammes of
marijuana with a street value of RM45,660. According to him, the 27-year-old woman, who
allegedly spent a week in Kuala Lumpur caring for her mother in the hospital, claimed her
companion had asked her to transport the luggage to Kuching.

After completing her quarantine, the woman, a part-time insurance agent, was offered a
position with a company in Serian, he added. Herman Shah stated that the mode of operation
in this instance was to use a domestic flight from Kuala Lumpur to enter Kuching with
parcels disguised as gifts and sealed in carbon paper to deceive law enforcement. According
to him, the suspect was confined for seven days on April 29, and the investigation is being
conducted by the Kuching investigation branch of the Customs Department and the state
narcotics branch.

On the second attempt to smuggle narcotics into the state, Herman Shah reported that a
Customs officer at KIA inspected an unclaimed bag on May 1 at approximately 1:45 p.m.,
which had arrived from Kuala Lumpur on April 2 and whose owner is believed to be
undergoing quarantine upon arrival in the city.

"Based on the results of the inspection, 19 packages suspected of containing marijuana were
discovered inside the bag," he said, adding that the packages contained approximately 18.69
kilogrammes of marijuana with an estimated street value of RM 46,740.

"It is believed that the bag was intentionally left unattended and unclaimed after the
individual realised the rigorous monitoring and inspections conducted by the Customs
Department at the airport," he explained. He did not rule out the possibility that the two
incidents were related and that the confiscated narcotics were intended for local consumption.

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"We will track the owner of the bag using flight data, and the Customs Department is
confident that an arrest will be made soon," he said.
He added that both cases are being investigated in accordance with Section 39B(1)(a) of the
Dangerous Drugs Act of 1952 and Import Prohibition (Order 17). Herman Shah stated that
the department's enforcement operations were conducted in conjunction with the World
Customs Organisation and the Regional Intelligence Liaison Office for Asia and the Pacific
under the codename "Operation Mekong Dragon III."

This year, the department has thwarted two attempts to smuggle marijuana into the state and
four attempts to smuggle methamphetamine.
"We have ordered that all entry locations at Kuching International Airport and other local
airports, as well as land borders, be fortified. Now, baggage entering other divisions from
Kuala Lumpur or Kuching will be vetted and inspected, he said. In order to foil any attempts
to smuggle illegal substances into the state, he encouraged passengers to provide their
complete cooperation during baggage inspections. Herman Shah also urged the public to
report any smuggling involving, among other items, cigarettes, strong liquor, pyrotechnics,
illegal narcotics, and vehicles.

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FACTORS TO THE CASE

1. Detection of Suspicious Activity: Customs officers stationed at the Kuching International

Airport were alert and observant, detecting suspicious activity related to the smuggling of
drugs. Their keen attention to detail and ability to identify anomalies played a crucial role in
initiating the investigation.

2. Thorough Inspection: The Customs officer conducting the inspection decided to

thoroughly examine the bags that raised suspicions during the scanning process. This
meticulous inspection led to the discovery of the concealed packages containing suspected
drugs. The officer's commitment to their duty and willingness to go beyond routine
procedures were key factors in uncovering the illicit smuggling attempts.

3. Modus Operandi: The drug smugglers employed a cunning modus operandi to deceive
enforcement personnel. By wrapping the packages in present and carbon paper, they aimed to
camouflage the illegal substances and bypass inspections. The Customs Department's
understanding of these tactics and ability to detect such disguises contributed to the
successful interception.

4. Collaborative Operations: The Customs Department's collaboration with international

partners, including the World Customs Organisation and the Regional Intelligence Liaison
Office for Asia and the Pacific, proved instrumental in combating drug smuggling. The joint
operation, codenamed 'Operation Mekong Dragon III,' facilitated intelligence sharing and
enhanced the department's ability to disrupt cross-border criminal networks.

5. Legal Proceedings: Initiating legal proceedings against those involved in the smuggling
attempts demonstrated the Customs Department's commitment to enforcing import customs
laws. Pursuing legal action sends a strong message that such illicit activities will not be
tolerated, serving as a deterrent to potential smugglers.

6. Strengthened Security Measures: The successful interceptions prompted the Customs

Department to strengthen security measures at Kuching International Airport and other entry
points. Enhanced screening and inspections of baggage originating from Kuala Lumpur and
traveling to other divisions will help prevent future smuggling attempts, ensuring the integrity
of import customs.

7. Public Cooperation: The Customs Department emphasized the importance of public

cooperation in foiling smuggling attempts. Passengers' willingness to fully cooperate during
baggage inspections is crucial in detecting and preventing the entry of illicit goods into the
state. The department's call for public involvement highlights the shared responsibility in
maintaining the security of Sarawak.

These factors collectively contributed to the successful interception and seizure of the
smuggled drugs, reinforcing the importance of proactive customs enforcement and the
prohibition of import customs.

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CHALLENGES TO THE CASE

1. Evading Detection: The drug smugglers employed sophisticated methods to conceal the
illegal substances, such as wrapping them in multiple layers and using deceptive materials.
This posed a significant challenge for customs officers, as it required them to carefully
examine the baggage and identify suspicious items amidst legitimate belongings.
2. Limited Resources: Customs departments often face resource limitations in terms of
manpower, equipment, and technology. These constraints can hinder their ability to conduct
thorough inspections and efficiently screen a large volume of baggage. Insufficient resources
may also affect the department's capacity to carry out extensive investigations and track down
individuals involved in drug smuggling operations.
3. Adaptability of Smugglers: Drug smugglers continuously adapt their tactics to exploit
vulnerabilities in security systems. They closely monitor law enforcement practices and strive
to find new ways to evade detection. This cat-and-mouse game between smugglers and
customs officers requires the latter to remain proactive, constantly update their strategies, and
invest in advanced technologies to stay one step ahead.
4. International Connections: Drug smuggling is often connected to transnational criminal
networks that operate across borders. Coordinating efforts and sharing intelligence with
international partners becomes crucial in disrupting these networks. However, challenges
may arise in terms of language barriers, legal complexities, and varying levels of cooperation
between countries, hindering seamless collaboration in investigations.
5. Identifying Key Players: Unraveling the intricate web of individuals involved in drug
smuggling operations can be a challenging task. Determining the masterminds, accomplices,
and their roles in the criminal network requires in-depth investigations, surveillance, and
gathering substantial evidence. Identifying and apprehending the key players involved in drug
smuggling can be time-consuming and may necessitate the deployment of specialized units.
6. Public Awareness and Cooperation: Encouraging the public to report smuggling activities
and actively cooperate with customs officers can be challenging. Fear of retaliation, lack of
trust in law enforcement agencies, or indifference may prevent individuals from coming
forward with crucial information. Establishing effective communication channels, fostering
trust, and raising awareness about the detrimental effects of drug smuggling are essential to
overcome this challenge.
7. Rapidly Evolving Drug Market: The drug market is dynamic and continually evolving,
with new substances and smuggling techniques emerging regularly. Customs departments
must stay informed about emerging trends, new synthetic drugs, and alternative smuggling
methods. Constant training and information sharing within the department are essential to
adapt to these changes effectively.

Despite these challenges, the successful interception of drug smuggling attempts highlights
the determination and expertise of the Customs Department in upholding the prohibition of
import customs. By addressing these challenges head-on, customs officers can further
strengthen their enforcement strategies and protect the community from the devastating
consequences of drug trafficking.

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WAYS TO OVERCOME

1. Enhanced Training and Technology: Providing customs officers with exhaustive training
programmes on the most recent drug smuggling techniques and advanced detection
technologies can substantially improve their ability to identify and intercept illegal
substances.

2. Strengthening partnerships and cooperation with international counterparts through

information exchange, collaborative operations, and capacity development can aid in the fight
against transnational drug smuggling networks. Establishing effective communication
channels and nurturing trust between agencies is essential for coordinating efforts and
exchanging intelligence.

3. Increased Resources: Allocating adequate resources to customs departments, including

additional personnel, equipment, and technology, can improve their capacity to conduct
comprehensive inspections, investigations, and surveillance operations. Appropriate funding
will allow for the acquisition of sophisticated scanning equipment and analytical instruments
for improved detection of concealed narcotics.

4. Launching public awareness campaigns to educate communities about the perils of drug
smuggling and the significance of reporting suspicious activities can encourage individuals to
come forward with useful information. Establishing a cooperative environment requires law
enforcement agencies and the public to establish a level of trust.

5. Strengthened Legislative Framework: Ensuring that legislation pertaining to drug

importation is robust and up-to-date can provide customs officers with more effective legal
instruments for investigating and prosecuting offenders. Legislation can effectively address
emerging trends and new smuggling methods if it is reviewed and updated on a regular basis.

6. Continuous Adaptation and Innovation: Customs departments must invest in research and
development, explore emergent technologies, and cultivate a culture of innovation to remain
abreast of evolving smuggling techniques. Customs officers can adapt to changing
circumstances by routinely revising procedures, protocols, and training materials in light of
lessons learned and emerging trends.

7. Intelligence-Driven Strategy Using intelligence-driven strategies can assist customs

departments in focusing their resources on individuals, routes, and shipments that pose the
greatest risk. Identifying key actors and intercepting drug smuggling attempts more
effectively can be facilitated by data analysis, risk assessments, and profiling techniques.

By implementing these measures and confronting the challenges head-on, customs

departments can increase their effectiveness in combating drug smuggling, safeguard
communities from the detrimental effects of illegal drugs, and contribute to a safer, more
secure society.

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CONCLUSION

In conclusion, drug smuggling presents significant difficulties for customs departments

around the globe. Attempts to smuggle drugs through Kuching International Airport illustrate
a number of these obstacles, such as the use of sophisticated concealment techniques, limited
resources, the adaptability of smugglers, international connections, identifying key players,
public cooperation, and the rapidly evolving drug market.

These obstacles necessitate a multifaceted approach to overcome them. Customs departments

can increase their capabilities by providing officers with comprehensive training and
advanced detection technologies. To disrupt transnational drug smuggling networks, it is
essential to strengthen collaboration with international counterparts. Appropriate allocation of
personnel, apparatus, and technology can enhance the capacity of customs departments to
conduct comprehensive inspections and investigations.

Public awareness campaigns can educate communities on the perils of drug smuggling,
encourage them to report suspicious activities, and cultivate public confidence in law
enforcement. Customs officers have more robust legal instruments for prosecution as a result
of strengthening the legislative framework and sustaining current drug importation laws.

Adaptation and innovation are essential, as drug traffickers are continuously modifying their
strategies. Customs departments should invest in research and development, explore
emergent technologies, and cultivate a culture of innovation to remain abreast of new trends
and contraband techniques.

Customs departments can concentrate their resources on high-risk individuals, routes, and
shipments with the assistance of an intelligence-driven strategy. Customs officers can
improve their ability to identify key actors and intercept drug importation attempts by
analysing data, undertaking risk assessments, and employing profiling techniques.

The effective interception of drug importation attempts demonstrates the determination and
expertise of customs departments in enforcing import prohibitions. Customs departments can
strengthen their enforcement strategies, safeguard communities from the detrimental effects
of drug trafficking, and contribute to a safer and more secure society by addressing these
challenges head-on and employing the suggested measures.

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REFERENCE

 https://www.theborneopost.com/2021/05/03/customs-dept-foils-largest-attempts-to-
smuggle-drugs-into-sarawak-via-kuching-international-airport/

 https://dayakdaily.com/increase-in-drug-arrests-through-swak-major-airports-ports-
prompts-action-from-ministry/

 https://www.unodc.org/e4j/zh/organized-crime/module-3/key-issues/drug-
trafficking.html

 https://www.unodc.org/e4j/en/organized-crime/module-3/key-issues/drug-
trafficking.html

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