Illegal Wildlife Trafficking: A

Malaysian Legal Perspective

LAW 735
 INTRODUCTION

• According to WWF wildlife trade is big

business, worth billions of dollars and
involving hundreds of millions of wild plants
and animals from tens of thousands of
species.
• No country is untouched from this immoral
activity. Not even Malaysia.
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• According to Global Financial Integrity (GFI),
wildlife trafficking generates an estimated
US$5 to $23 billion in revenues each year.
• Malaysia is a major global hub of wildlife
trafficking with the body parts of endangered
animals coming into and out of the country
with depressing regularity.
Cont’d
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• For example, some 88 million wild orchids, 6.2
million wild-caught live birds, and 7.5 million
live caught reptiles were traded globally
between 1996 and 2001. However, illegal
wildlife trafficking is not regarded as
mainstream crime.
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• GFI argues that the retail profits for some
wildlife products can be equal to or even
greater than the equivalent amount of cocaine
or heroin, yet the legal penalties are
considerably more lenient.
 Modes Operandi

• In 2012, airport authorities in Wellington, New

Zealand, caught a smuggler, a German citizen
with 44 endangered live skinks and geckos, all
stuffed into his underwear.
• Why would anyone want to stuff reptiles into
his underwear? Because the geckos would have
worth US$2,800 apiece to European collectors.
Illegal Wildlife Trade
Geckos
Source: Clean Malaysia
Skink

Source: Clean Malaysia

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• A pair of Queen Alexandra’s Birdwings –the
world’s largest butterflies, with wingspans of up
to 14 inches-sells for about USD10,000.
• A baby chimpanzee goes for as much as
US$50,000.
• Black market isn’t just for cute critters. In March
2009, New York officials broke up a huge
smuggling ring that specialized in snapping
turtles, rattlesnakes, and salamanders.
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• In 2016-2017, at Kuala Lumpur International
airport alert wildlife officials nabbed :
– a Bangladeshi man who was trying to smuggle 35
black pond turtles out of Malaysia in two suitcases.
– An Indian national was arrested for trying to smuggle
the parts of tigers and other animals (including pelts,
teeth and claws) out of Malaysia.
– A Chinese national who is a repeat offender was
arrested for trying to smuggle elephant tusks out of
Malaysia.
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• In 2016 wildlife officials also nabbed:
• a Pakistan man, who was found to have two boxes full of
juvenile langur monkeys which he was transporting on his
motorbike.
• arrested two Chinese men and seven Vietnamese
smugglers. Among the animals parts seized were elephant
tusks, hornbill beaks, tiger pelts, pangolin scales, bear
claws which are worth around RM2million.
Pangolin
Source: Clean Malaysia
Illegal Wildlife Trade of Pangolins
Sun Bears
Source: Clean Malaysia
 Who are the Buyers?
• The rich and wealthy. According to American
social psychologist, Paul Piff of the University
of California, Berkley, the rich act more
selfishly, break more rules, feel more entitled,
and display less empathy and compassion.
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• Laos’ Golden Triangle Special Economic Zone
• In Laos’ Golden Triangle Special Economic Zone which is
a large resort city catering for Chinese tourists, an
undercover investigators viewed a live, caged bear cub
and python-both of which were ‘available to eat on
request.’
• The menu also included such fare as bear paw, monitor
lizards, pangolins, geckos, and variety of snakes and
turtles. Wash all down with a jar of purported tiger
bone wine-marketed to men as a ‘strengthening tonic.’
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• The casino in the Golden Triangle Special Zone also
brandishes wildlife products, namely ivory e.g.
carved whole tusks, bangles, beaded bracelets,
pendants and other trinkets where gamblers hoped
for luck.
What do you see?
 Actions Taken by International Bodies

• TRAFFIC-the wildlife trade monitoring network

is the leading non-governmental organisation
working globally on trade in wild animals and
plants in the context of both biodiversity
conservation and sustainable developments.
• Established in 1976 and a headquarters office
in the UK which operates as a registered
charity.
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• World Wide Fun for Nature (WWF) is the world’s
leading conservation organisation working in 100
countries for the past 50 years with headquarters in
the USA and Switzerland.
• The International Union for Conservation of Nature
(IUCN) is the world’s main authority on the
conservation status of species. The IUCN Red List of
Threatened Species founded in 1964 is the world’s
most comprehensive inventory of the global
conservation status of biological species.
BIG FIVE MULTILATERAL ENVIRONMENTAL
AGREEMENTS
• The big five Multilateral Environmental
Agreements related to wildlife are:
– the Conventional on International Trade in
Endangered Species of Wild Fauna and Flora
(CITES) 1975;
– the Convention on Migratory Species (CMS) 1979;
– the Convention on Biological Diversity (CBD)
1992; and
– the Ramsar Convention 1971; and
– the World Heritage Convention 1972.
THE TWO MOST SIGNIFICANT CONVENTIONS

1. The Convention on International Trade in

Endangered Species of Wild Fauna and Flora
(CITES) 1975 regulates international trade in more
than 30,000 species of plants and animals through
a system of certificates and permits.
– This system has been hugely successful: for example;
by banning international trade in rhino horn when
rhino numbers plummeted due to demand for their
horn, the convention has helped to ensure that rhinos
continue to survive in the wild.
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2. Convention on Biological Diversity 1992
(CBD)
– It deals with conservation of biological diversity and
promotes development that did not contribute to the
continued deterioration of the environment.
– The three agreements that were adopted covering:
• a global action plan of sustainable development (Agenda 21),
• principles outlining the rights and responsibilities of states (Rio
Declaration on Environment and Development); and
• standards for sustainable forest management (Statement of
Forest Principles).
 Global Partnership
• According to the World Bank, a USD90 million grant program
was approved by the Global Environmental Facility (GEF) in
2015 for a global partnership to promote investments in
biodiversity conservation, preserve wildlife and encourage
sustainable livelihoods in Africa and Asia. The new Global
Partnership on Wildlife Conservation and Crime Prevention for
Sustainable Development builds on the urgent need to address
wildlife poaching and illegal trade as a development issue that
deprives countries of their natural assets.  
• World Bank press Release, ‘GEF Approves New $90 Million Grant
Program for Global Partnership to Support Wildlife Conservation
and Sustainable Livelihoods,’ June 4 2015.
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• It aims to strengthen cooperation between development
partners that will bring together biodiversity conservation,
sustainable livelihoods activities, and poverty reduction.
• The GEF agencies contributing to the partnership include
the Asian Development Bank, International Union for
Conservation of Nature, United Nations Development
Program, United Nations Environment Program, the World
and the World Wildlife Fund. The World Bank, as lead
agency of the new program, will coordinates the
partnership and ensure a cross-fertilization of the lessons
learned across projects and countries.
 Limitations of the International Wildlife Law

• Compliance control in CITES is a complex matter: The trade concerns relations

between sovereign states imposes limitations on the ability of the Convention
to act in a policing role. Although CITES is legally binding on States it is
generally not self-executing.
– It contains no internal implementation or enforcement mechanism which
automatically establishes enforcement infrastructures, management authorities, or
penalties within the countries acceding to the treaty. This means that it cannot be
fully implemented until specific domestic measures have been adopted for the
purpose.
– It is therefore absolutely essential that CITES Parties have legislation in place allowing
them to implement and enforce all aspects of the Convention.
• Although nearly all states in the world quickly ratified the CBD, most of its
obligations are in legal terms, diminished by the qualification that they be
fulfilled “as far as possible and as appropriate.”
– The Convention lacks effective compliance mechanisms.
Pretty oriental girl or wildlife body parts?
Actions taken at the National Level
• Malaysia is known of its breathtaking landscape,
unique cultural history and diverse flora and fauna.
– It is one of the most biodiverse places on the planet.
According to the National Biodiversity Index , it’s ranked
twelfth in the world for country richness in diversity of both
animals and plants. It is the home to the Taman Negara, the
world’s oldest forest-estimated to be more than 130 million
years of age-and countless other natural treasures.

– Sadly like all other ASEAN’s countries, Malaysia also has a

history of deforestation, exploitation and species extinction.
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• While many of the CITES-listed species
trafficked are not endemic to Malaysia, the
country plays a crucial role in addressing this
trafficking given that criminal networks have
chosen it as a transit and consolidation point.
International Hub of Illegal Wildlife Trade
 The Wildlife Conservation Act 2010

– Before 2010 Act, penalties for offenses including

poaching and illegal wildlife trading were ‘nothing
more than a slap on the wrist.’
– Plants and animals were relying on a law passed
in1972 (Protection of Wildlife Act 1972)
– The law didn’t authorise Malaysia’s wildlife
enforcement division, called PERHILITAN, to arrest
traffickers and poachers unless they were caught
red-handed.
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• The Wildlife Conservation Act (WCA) meets Malaysia’s
obligation under CITES. It is one of the country’s most
significant wildlife laws. The First Schedule is a list of protected
wildlife (includes CITES Appendix II species); and the Second
Schedule is a list of totally protected wildlife (includes CITES
Appendix 1 species).
• It regulates movements of animals, plants and products to and
from Malaysia. The Act helps to protect the environment from
risks associated with the international movement of wildlife.
• Under this Act, it is prohibited to hunt, keep any protected
wildlife, take or keep any part or derivative, collect bird nests,
conduct trade or taxidermy business, or import, export or re-
export any wildlife, part or derivative unless licence.
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• WCA also carries out CITES obligations where for totally protected wildlife, unless a
special permit is held it is prohibited to hunt or keep any wildlife; take or keep any
part or derivative; import, export or re-export any wildlife, part of derivative; hunt
during the closed season; conduct research; or use in commercial operation (zoo,
circus, captive breeding, etc).
• Schedule 6 identifies 10 protected species that are permitted to be hunted by
Aborigines for sustenance purposes (but may not be sold, exchanged for food or
other gain).
• Sections 60-88 describe an extensive range of offences and penalties for both
protected and totally protected wildlife, applicable to individuals and legal entities.
• The highest maximum prison sentence under this Act is 10 years’ imprisonment for
certain hunting or keeping female totally protected wildlife species without a
special permit, under section 70(1). The highest maximum fine is RM 500,000
which can be applied for several offences relating to hunting or keeping specific
species of totally protected wildlife without a special permit (sections 68(2c), 69(2)
and 70(2).
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• Enforcement officers under this Act have full powers of
police investigation as provided under the Criminal
Procedure Code, including arrest, search and seizure
with/without warrant, and access to computerized data.
They may also enter any licensed/permitted wildlife
premises at any time to conduct an inspection. Prosecution
requires written consent of the Public Prosecutor.
• The Act under sections 56-59 makes it easier to arrest
offenders e.g. suspects caught with snares and other
hunting equipment are now presumed to be using them
illegally unless proven otherwise.
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• Now things are different after the introduction of
the Conservation of the Wildlife Act 2010
– PERHILITAN was given more manpower
– Reinforced vigilance at 13 checkpoints on suspected
trafficking routes, and established an integrated
enforcement task force combining the Malaysian
military, police, customs and airport security.
– Poachers and smugglers of endangered species now
face punishment by a fine of RM500,000 (US$120,000)
and mandatory imprisonment of up to 5 years.
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• The list of protected species is far longer than
it used to be, and regulations cover hunting,
fishing, capturing wildlife, and – an especially -
important addition-animal cruelty.
• Easier to arrest offenders e.g. suspects caught
with snares and other hunting equipment are
now presumed to be using them illegally
unless proven otherwise.
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• International Trade in Endangered Species Act 2008
(Act 686)
– The main activities covered by this Act include the import, export, re-
export, introduction from the sea, transit, and captive breeding and
artificial propagation of any scheduled species.
– It applies to all CITES-listed species. All species listed in CITES Appendices
are listed under Schedule 3 of this Act. It is applicable to both individuals
and legal entities.
– Maximum penalties under this Act are 10 years prison or 1 million ringgit
fine for individuals, and 2 million ringgit for legal entities. Penalties are
imposed based on the quantity/volume of wildlife involved in offences. In
cases where a legal entity commits an offence under this Act, the
director/manager/secretary may also be charged.
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• This Act (under Section 20) empowers all
enforcement officers to exercise all or any of the
special powers of investigation that are afforded to
police under the Criminal Procedure Code, including
the power to require attendance of witnesses for
question/examination, search, and seizure without
warrant, access to computerized data, and
interception of communications (with authorization
from Public Prosecutor, and information may be
admissible as evidence in court).
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• The International Trade in Endangered Species
Act also contains the following regulations:
– International Trade in Endangered Species (Permit,
Certificates, Registration and Fees) Regulations
2009.
– International Trade in Endangered Species (Rescue
Centre) Regulations 2009.
– International Trade in Endangered Species
(Compounding of Offenses) Regulations 2010.
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• National Forestry Act 1984 (Act 313)
– This law provides for the administration, management, and conservation of
forests and forestry development, and applies throughout all states in
Peninsular Malaysia, and the Federal Territories of Kuala Lumpur and Labuan.
It applies to individuals and to legal entities (section 109).
– Beside taking and illegally removing forest products without licence/permit,
the offences under this Act also include hunting, shooting, trapping, snaring;
unlawful possession of forest products. The law provides powers of search
and arrest with or without a warrant, as well as the powers of investigation,
seizure and forfeiture for officers of the police or forestry departments, in
seizable offences (offences/cases where an officer may arrest without a
warrant), Assistant District Forest Officers or Police Sergeants or officers of
higher rank may exercise special powers for police as allocated under the
Criminal Procedure Code.
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• Penal Code (Act 574)
– The Penal Code is particularly well suited for prosecuting wildlife traffickers. It
contains several provisions capable of being used to punish the illegal trade in
wildlife.
– Under the Penal Code, relevant offences in the context of illegal trade in wildlife
include those relating to organized crime listed under sections 130U to 130 ZC and
corruption by public officers under section 161 to 164.
– According to section 130u, organised criminal group is defined as a group of two or
more persons, acting in concert with the aim of committing one or more serious
offences in order to obtain, directly or indirectly, a material benefit, power or
influence. Under section 130zc, the punishment for any organized criminal group or
a member of an organized criminal group is imprisonment for a term of twice as long
as the maximum term for which he would have been liable on conviction and shall
also be liable to whipping. Under section 161, the punishment for corrupt public
servant is an imprisonment for a term of three years or with fine or with both.
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• Criminal Procedure Code (Act 593)
– The Criminal Procedure Code (CPC) is a very comprehensive
law on criminal law. Sections 109-116c contain provisions on
police powers for investigation relating to “seizable” offences
(offences/cases where a police officer may arrest without a
warrant).
– These provisions include the power to require attendance of
witnesses for questioning/examination, search and seizure
without warrant, access to computerized data, and
interception of communications (with authorization from
Public Prosecutor, and information may be admissible as
evidence in court).
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• Customs Act 1967 (Act 235)

– The Customs Act 1967 provides customs officers with full powers of inspection,
investigation, search, seizure and arrest, and of prosecution with approval from the Public
Prosecutor. Section 108 enables customs officers to conduct searches without warrants.
– Under section 111B, to support the investigation of offences, custom officers may have
access to any recorded information or computerized data, whether stored in a computer
or otherwise. Section 119 states that the burden of proof lies with the defendant in cases
of prosecution.
– Sections 133 to 141contains provisions relating to offences and penalties which includes
penalties for falsifying documents, various smuggling offences, and offering or receiving
bribes. According to section 123, for a first offence, penalties for smuggling of prohibited
goods start from 10 times the value of the goods or 50,000 ringgit (whichever is the lesser
amount), up to a maximum of not more than 20 times the value of the goods or 100,000
ringgit (whichever is the greater amount), or imprisonment for a term not exceeding
three years, or both. Imprisonment is allowed for non-payment of fines under this Act, up
to six years.
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• Customs (Prohibition of Imports) Order 2017
– The Customs (Prohibition of Imports) Order 201 sets out a number
of restrictions and licensing requirements which are divided into
four Schedules enabling Customs officers to restrict the entry/exit
and prevent the smuggling of any prohibited items, or items which
require import permits or licences from the relevant parties.
– Part 1 of the Third Schedule Order 2017 is concerning goods that
are prohibited from import into Malaysia except in the manner
provided. Items 2 to 6 in this list refer to various wildlife (animal,
insects and plant) species, parts, and products, and the manner
required to legally import these items from all countries into
Peninsular Malaysia, Sarawak and Sabah.
 Wildlife Law in Sabah

• Wildlife Conservation Enactment 1997

– provides for the administration of protected areas, the
protection of plants and animals, and the regulation of the
possession, trade and utilization of wildlife.
– Plants and animals are divided into three categories of
protection: Schedule 1 refers to totally protected species;
Schedule 2 refers to protected species for which limited
hunting and collection may occur with a licence is required.
– The Enactment also applies to CITES species listed in
Appendices I, II and III within particular offences, such as
possession of protected species, and control of movement of
protected species into or out of the state.
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• Section 7 provides for Honorary Wildlife Wardens to assist in
implementing the Enactment. Wardens may be appointed for a
renewable term of three year, and may be paid an honorarium.
• Minimum penalties are provided for certain offences; and the
highest maximum penalty is RM 250,000 fine and five year
prison sentence, which may be applied to offences under
sections 25(3a), 41(4a), 53(2a), 62(2a), and 87(4). Legal entities
are also liable for some offences under the Enactment, with the
highest maximum penalty for a corporate body being a fine of
RM 500,000 for environmental offences in wildlife sanctuaries
(section 18) and environmental offences in Wildlife Hunting
Areas (section 73).
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• Section 89 provides powers of search, seize,
demolition, and arrest with or without a warrant, are
provided and an authorized officer may exercise all or
any of the police powers and special investigation
power provided under the Criminal Procedure Code.
• According to section 117, cases may be prosecuted by
any Wildlife Officer, any legal officer of the Wildlife
Department, any legally qualified member of the
State Legal Service, or by the State Attorney General.
• Section 98 provides that the burden of proof for acts
of possession is on the defendant.
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• Forest Enactment 1968
– provides for the management of forest reserves, forest
products on State and alienated land, and the issuance of
licences to access and harvest timber or forest products.
– Section 30 provides for strong penalties-up to a maximum of 20
years’ imprisonment and a RM 500,000 fine for general
offences. Additional possible penalties include cancellation of
licences, payment of damages, and royalties.
– Section 36 provides forestry and police officers with the power
to arrest, search, and seize without warrant.
– According to section 38(1) the burden of proof for forest
offences is on the defendant.
 Wild Life Law in Sarawak
• Wildlife Protection Ordinance 1998
– contains provisions for the management of wildlife sanctuaries
and wild animals and plants.
– The First Schedule identifies totally protected animals, protected
animals, and animals which may be imported or exported under
licence.
– The Second Schedule identifies totally protected plants,
protected plants, and plants which may be imported or exported
under licences.
– All CITES Appendix I and II species are classified as protected
animals/plants (but are not totally protected), excluding those
native species already listed as totally protected species.
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• The Ordinance covers a range of offences including possession, hunting,
killing, capturing, selling, importing, exporting, breeding, rearing, and
keeping.
• The maximum penalty for wildlife offences under this Ordinance is five
years in prison and RM 50,000 fine. Section 51 of this law provides the
ability to double the penalty for any offence committed between sunset
and sunrise, or any repeat offence. According to section 38 for offences
where a person is caught in possession of wildlife, the onus is on that
person to prove that the wildlife was acquired lawfully.
• The ordinance provides enforcement officers with the powers to search,
arrest, and seize, with or without a warrant. Chief Wildlife Wardens have
the power to require the attendance of any person for the purposes of
investigation. Prosecution is conducted by the Public Prosecutor or any
officer authorized by the Public Prosecutor.
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• The Wildlife Protection Rules 1998
– These rules support the implementation of the Wildlife Protection
Ordinance, and contain provisions for the conditions and
licensing/permitting procedures to keep animals in captivity,
commercial wildlife farms, and importing/exporting.
– It outlines the role of the Honorary Wildlife Ranger, which includes
reporting to Wildlife Officers or police on any contravention of the
wildlife regulations, educating the local community, and assisting
Wildlife Officers in the discharge of their duties.
– Penalties for offences are to follow those provided in the Ordinance,
but a general penalty is provided for any offences not covered by the
Ordinance, of a RM 3,000 fine, and a further RM 500 fine for each
day that the offence continues.
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• Forest Ordinance 2015
– It provides for the protection and management of
forests in Sarawak, and regulates the taking of
forest products.
– Section 60 allows any resident of Sarawak to
remove any forest product from State land (which
is not a forest reserve or protected forest) for
domestic use without a licence, but not for sale,
barter, or profit.
 Ancillary Legislation

• Malaysian Anti-Corruption Commission Act (Act 694)

– Since wildlife trade is often facilitated by corruption, through bribery of
forest patrol officers, border guards and customs officials, falsification of
documentation and other means, ancillary legislation such the Anti-
Corruption Commission Act is useful supplement in prosecution of the
illegal trade in wildlife.
– Offences of passive and active bribery are covered by section 16, 17, 21,
and 23.
– Section 18 concerns the act of giving false documents with the intent to
mislead or deceive the principal.
– The burden of proof for offences under the MACC Act lies with
prosecution for prove that gratifications were corruptly given or obtained.
– Penalties for corruption offences are prescribed in section 24, and allows
for a maximum of 20 years’ prison, and fines of not less than five times
the sum or value of the gratification, or RM 10,000 (whichever is higher).
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• Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of
Unlawful Activities Act (AMLA)-(Act 613.
– Employing a complex web of poachers, illegal loggers, middlemen, networks
of traffickers, transporters, and traders, these criminal groups stay one step
ahead of the law.
– The scale and sophistication of poaching is unlike anything experienced
before and there is evidence of a link to large-scale organized crime and
armed/militant groups-with subsequent repercussions for nationals and
international security and stability.
– The AMLA is very relevant to wildlife and forest crimes and this includes the
money laundering offence, offences under the Customs Act (sections 133,
135, and 137), CITES Act (sections 10, 11, 12, 13, and 14), MACC Act (sections
16, 17, 18, 19, 20, 21, 22, 23, 26, and 28), Penal Code (sections 161, 162, 163,
and 164) and 23 various offences under the Wildlife Conservation Act.
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• The maximum penalty for a money laundering
offence is 15 years imprisonment and a fine of five
times the sum or value of the
proceeds/instrumentalities of the offences, or RM5
millions, whichever is the higher. In addition, AMLA
also allows for the freezing, seizing and forfeiture of
the subject matter/evidence of the crime,
instrumentalities of the offence, and the proceeds of
crime-both on prosecution of the offence, and under
certain conditions when there is no prosecution.
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• Malaysia Quarantine and Inspection Service Act (Act 728)
– The Malaysia Quarantine and Inspection Service Act (MAQIS) provides
the requirements for permits, licenses and certificates to import or
export any plant, animal, carcass, fish, agricultural produce, soil or micro-
organism.
– It empowers enforcement officers of the MAQIS to search, investigate,
seize and prosecute (with approval of the Public Prosecutor) offences
under this Act. Offences under this Act include importing/exporting
products without the appropriate permit/licence, and importing products
contaminated or believed to be contaminated with pests/disease.
– Maximum penalty for a first offence under this Act is a fine of RM
100,000, or six years’ imprisonment, or both. For a second offence it is a
fine of RM150,000 , or seven years’ prison or both.
 Competent Law Enforcement Authorities

• Malaysia has several law enforcement agencies responsible for the

enforcement of wildlife and forestry laws. Given their jurisdiction
over environmental crimes, the regions of Sabah and Sarawak have
their own law enforcement authorities, listed among the following:
– Department of Wildlife and National Parks (Perhilitan).
– Sabah Wildlife Department (SWD).
– Forests Department of Sarawak (FDS).
– Royal Malaysian Customs Department (RMCD).
– Attorney General’s Chamber (AGC).
– Financial Intelligence Unit (FIU) – Bank Negara Malaysia.
– Royal Malaysian Police.
– Malaysian Anti-Corruption Commission (MACC).
– Malaysian Timber Industry Board (MTIB.
 Limitation of National Law

• Legal Issues
– As illegal wildlife trade is a criminal offence. Criminal law consists of rules
and principles regarding liability, general defences, burden of proof and
penalties.
– It also involves rules regarding choice of court, witnesses, data collection,
handling and presentation of evidence, and other procedural aspects as
provided under the CPC.
– The prosecutor must also prove culpable mental state, or mens rea that is
he or she must show that the accused actually intended the outcome of
the unlawful conduct.
– In wildlife crime proving mens rea will therefore usually be the
requirement. It has been argued that this can be difficult, as it is
impossible to get in someone’s mind and show what they were actually
thinking.
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• Jurisdictional Issues
– There has been an ongoing tense relation between the Federal government
and the States of Sabah and Sarawak concerning environmental regulation.
– Under Malaysia’s federal system of government, environmental regulations
derive from both the Federal government and the State Parliaments. The
Federal Constitution makes no specific reference to the environment. This
has been the subject of considerable controversy as far as Federal-State
relations concerning environmental regulation.
– In relation to Federal legislation, the States of Sabah and Sarawak in
Malaysia has legislation administered by a State department, which
licenses domestic activities involving wildlife, with penalties for conducting
activities without official authorization. Variations in legislation between
jurisdiction, differences in licensing systems and enforcement practices
create problems for overall monitoring of illegal activity and enforcement
within Malaysia.
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• Enforcement Agencies
– It has been argued that the agencies in charge of the enforcement of
environmental law are lacking of training and experience in advanced
investigative techniques.
– They are also lacking of formal law enforcement training, poor crime
scene capabilities and they do not proses advance analytical software.
– The enforcement agencies do not have good informant reward
provisions and some agencies lack of a dedicated wildlife crime
prosecutions section, no dedicated intelligence unit and high reliance
on temporary staff and rangers.
– It has been argued that the RMCD has shown itself to be good at
seizing products, but less effective at converting those seizures into
arrests. The RMP has little or no involvement at all in addressing this
issue.
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• Corruption
– As noted wildlife crime represents a much lower-risk and higher
reward opportunity for criminals. The very high profits generated
also enable traffickers to bride lowly paid public officials to reduce
their risks even more.
– Port Klang which is one of the busiest port in Malaysia has been
identified as the destination or point of origin for large, high
valuable wildlife shipments, such as the Hong Kong seizure of 7.2
tonnes of ivory in July 2017 which originated from Port Klang.
– It is certainly an organized network which involved corrupt
government officials because an ordinary person cannot transport a
container of ivory from Malaysia to Hong Kong without being
detected at the point of origin.
 Recommendations
• Efficient information and data collection are crucial for
investigators who seek out crime perpetrators and aim
to bringing them to justice under national wildlife laws
or the CITES agreement. There are many challenges
during this phase since laws are weak, sentences for
wildlife crimes are not tough, corruption can lead to the
case being dropped, and lack of capacity could lead to
the case being overlooked due to technicalities.
• The needs to be transparent and not hindered by
political interference.
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• Running Training Workshops.
– To be successful, laws need to be widely understood,
accepted and practical to apply. Workshops around
the world for custom officers, border police, nature
conservation officials, scientists, and traders to give
them the appropriate skills and tools to comply with
and enforce wildlife trade laws.
– Part of this involves creating species identification
guides to help people recognise both legal and illegal
species in trade.
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• Help developing countries to comply with CITES
regulations –technical assistance and appropriate
skills and tools to comply with and wildlife trade
laws e.g. creating species identification guides to
help public recognise both legal and illegal species in
trade.
• There is also a need to inform, educate and work
collaboratively with various industry to integrate
sustainability into their policies and management
practices.
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• Creating sentencing guidelines would be a clear message
to the rest of the world that Malaysia is doing its bit to
address the devastating impact of the illegal wildlife
trade.
• The WWF is pushing for the introduction of sentencing
guidelines for wildlife trade. This is important because
guidelines are produced with the aim of increasing
consistency and appropriateness of sentencing, through
setting out how harm caused and offender culpability
should be assessed, as well as highlighting relevant
aggravating and mitigating factors.
Pangolins’ Scales
Source: Clean Malaysia
 Despite Tough Law
• Populations of the Sunda pangolin in Peninsular
Malaysia have fallen drastically over the past
two decades.
• CITES has voted to protect these little guys with
a total ban on the sale of all eight pangolin
subspecies from Asia to Africa. (four Asian
pangolins and four African ones.
• This will give the beleaguered animals a fighting
chance at survival.
 continue
• Smugglers continue to target wild helmeted
hornbills for their solid lumps of keratin atop
their beaks that are as highly prized as
elephant ivory in China where they are carved
into expensive jewelry and luxury decorations.
• Sun bears and Asiatic black bears are both
highly sought on the illegal wildlife market for
their body parts, like their teeth, bladders and
claws.
Carved Helmeted Hornbill’s Beak
Source: Clean Malaysia
Baby sun bear
Source: Clean Malaysia
 continue
• In 2016, two Malaysian men, bound for Kuala
Lumpur, were arrested at Jakarta’s International
airport with a total of 23 reptiles and amphibians
hidden inside their luggage.
• In May 2017, alert customs officials seized 330
tortoises flown into Kuala Lumpur International
Airport which has been serving as a favoured
destination for international smuggling syndicates.
Both radiated and ploughshare tortoises are
prohibited by CITES.
Ploughshare Tortoise
Source: Clean Malaysia
Green Snake
Source: Clean Malaysia
 Conclusion
• Malaysia is not without wildlife offenses, and
still struggles mightily with environmental
issues, but awareness and support for nature
conservation is on the rise.

ABW/NAH 2019
 References
• Bramwell, B., & Lane, B. (2012), Towards Innovation in Sustainable Tourism Research?
Journal of Sustainable Tourism, 20(1), 1-7.
• Freeland Foundation & ASEAN-Wildlife Enforcement Network, “ASEAN Handbook on
Legal Cooperation to Combat Wildlife Crime,” 2016 p 5
• Liu, C. H., Tzeng, G. H., Lee, M. H., & Lee, P. Y. (2013) Improving Metro-Airport
Connection Srvice for Tourism Development: Uisng Hybrid MCDM Models. Tourism
Management Perspectives, 6, 95-107
• UNEP ‘Emerging Technologies: Smarter Ways to Fight Wildlife Crime,’ UNEP Global
Environmental Alert Service (GEAS), June 2.
• United Nations Office on Drugs and Crime, ‘Criminal Justice Response to Wildlife Crime
in Malaysia: A Rapid Assessment,” UNODC October 2017.
• WWF, ‘Illegal and Unsustainable Wildlife Trade,’ WWF international Avenue du Mont-
Blanc, Switzerland, Special Fact Sheet, 2006. P 1.
• Wyler L., Sheikh, P., 2013 International Illegal Trade in Wildlife: Threats and U.S. Policy
Congressional Research Service. http://www.fas.org/sgp/crs/misc/RL34395.pdf.