6.—(1) No person shall arrange or negotiate, or do any act to facilitate the arrangement or negotiation of —| (a) | a contract for the acquisition or disposal of any goods referred to in subsection (2) if he knows or has reason to believe that such a contract will or is likely to result in the removal of those goods from one foreign country to another foreign country; or | | (b) | a contract for the acquisition, disposal or transmission of —| (i) | any technology referred to in subsection (3); or | | (ii) | any document in which such technology is recorded, stored or embodied, |
| if he knows or has reason to believe that such a contract will or is likely to result in the transmission of such technology or removal of such document from one foreign country to another foreign country. |
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(2) Subsection (1) applies to —| (a) | such strategic goods as may be specified by the Minister by order published in the Gazette; or [45/2007 wef 01/01/2008] | | (b) | any goods —| (i) | which that person has been notified by an authorised officer or a senior authorised officer are intended or likely to be used, wholly or in part, for or in connection with a relevant activity; | | (ii) | which he knows are intended to be used, wholly or in part, for or in connection with a relevant activity; or | | (iii) | which he has reasonable grounds to suspect are intended or likely to be used, wholly or in part, for or in connection with a relevant activity. |
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(3) Subsection (1) applies to ––| (a) | such strategic goods technology as may be specified by the Minister by order published in the Gazette; and | | (b) | any technology ––| (i) | which that person has been notified by an authorised officer or a senior authorised officer is intended or likely to be used, wholly or in part, for or in connection with a relevant activity; | | (ii) | which he knows is intended to be used, wholly or in part, for or in connection with a relevant activity; or | | (iii) | which he has reasonable grounds to suspect is intended or likely to be used, wholly or in part, for or in connection with a relevant activity. [45/2007 wef 01/01/2008] |
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| (3A) Subsection (1) does not apply to any technology in the public domain. [45/2007 wef 01/01/2008] |
| (4) Subsection (1) does not apply to an act in relation to any goods referred to in subsection (2)(a) by a person who is registered. |
(5) Subsection (1) does not apply to an act in relation to —| (a) | any goods referred to in subsection (2)(b); or | | (b) | any technology referred to in subsection (3), or any document in which such technology is recorded, stored or embodied, |
| that is authorised by a permit. |
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(6) Subsection (1) does not apply to any person whose sole involvement in the acquisition or disposal of the goods, technology or document, or the transmission of the technology, is the provision of —| (a) | transportation service; | | (b) | financing or financial service; | | (c) | insurance; | | (d) | advertising service to the extent that it involves the dissemination of information that is generally available to the public; or | | (e) | such other service as may be prescribed. |
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(7) Subsection (1) does not apply to any contract for the acquisition, disposal or transmission of any technology, or of any document in which any technology is recorded, stored or embodied, to the extent that such acquisition, disposal or transmission is necessary to facilitate —| (a) | the installation, operation, maintenance or repair in any foreign country of any goods which are not strategic goods; [45/2007 wef 01/01/2008] | | (b) | an application for a patent; or | | (c) | any research in the technology or part, the results of which have no practical application. |
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(8) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable —| (a) | on a first conviction, to a fine not exceeding $100,000 or 3 times the value of the goods or technology in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 2 years or to both; and | | (b) | on a second or subsequent conviction, to a fine not exceeding $200,000 or 4 times the value of the goods or technology in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 3 years or to both. |
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| (9) In proceedings for an offence in respect of any goods referred to in subsection (2)(b)(iii) or any technology referred to in subsection (3)(c), it is a defence for the accused to prove that he has made all reasonable inquiries as to the use or proposed use of those goods or technology and is satisfied from such inquiries that those goods or technology will not be used for or in connection with a relevant activity. |
(10) In this section —| “acquisition”, in relation to any goods, technology or document, means the purchase, hire or borrowing of the goods, technology or document, or the acceptance of the goods, technology or document as a gift; |
| “disposal”, in relation to any goods, technology or document, means the sale, letting on hire or lending of the goods, technology or document, or the giving of the goods, technology or document as a gift. |
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