Local Laws

CRIMINAL PENALTIES: While you are traveling in Malaysia, you are subject to its laws. Foreign laws and legal systems can be vastly different from our own. In Malaysia it is possible that you may be taken in for questioning if you don’t have your passport with you. It can be illegal to take pictures of certain buildings. Driving under the influence could land you immediately in jail. If you break local laws in Malaysia, your U.S. passport won’t help you avoid arrest or prosecution. It’s very important to know what’s legal and what’s not wherever you go. The Library of Congress has online resources for travelers looking for more information on Malaysian law and its legal system.

If you violate the law, even unknowingly, you may be fined, expelled, arrested, or imprisoned. Penalties for possessing, using, or trafficking in illegal drugs in Malaysia are severe. If you possess, use or traffic in illegal drugs in Malaysia, you will be sentenced to significantly longer prison sentences and much heavier fines than those in the United States. Malaysian legislation provides for a mandatory death penalty for convicted drug traffickers. If you are arrested in possession of 15 grams (1/2 ounce) of heroin or 200 grams (seven ounces) of marijuana, you will be presumed by law to be trafficking in drugs.

The Malaysian criminal code includes a provision for a sentence of caning for certain white-collar crimes, including criminal misappropriation, criminal breach of trust, and cheating. If you collect and/or remove local flora and fauna or protected species without authorization from the Malaysian government, you may be prosecuted criminally and may be sentenced to heavy fines, expulsion, and/or imprisonment.

Distribution of religious leaflets or books of another faith to Malaysian Muslims is illegal; if you do so, you may be arrested and imprisoned. Occasionally, special religious authorities coordinate with local police to conduct raids on popular nightspots and hotels to deter activities among local Muslims that contravene religious customs, including drinking alcohol and adultery.

There are also some things that might be legal in the country you visit, but still illegal in the United States. You can be prosecuted in the United States for engaging in sexual conduct with children or for using or disseminating child pornography in a foreign country regardless of the legality of these activities under that country’s laws. Counterfeit and pirated goods are illegal in the United States and if you purchase them in a foreign country, you may be breaking local law as well.

Arrest notifications in host country: While some countries will automatically notify the nearest U.S. embassy or consulate if a U.S. citizen is detained or arrested in that country, others may not. To ensure that the United States is aware of your circumstances, request that the police and prison officials notify the nearest U.S. embassy or consulate as soon as you are arrested or detained overseas. You should carry your U.S. passport and current social visit pass (visa) with you at all times, so that if you are questioned by local officials, you will have proof of your identity, U.S. citizenship, and legal status in Malaysia readily available.

In two separate incidents, the Ikatan Relawan Rakyat Malaysia (RELA) has arbitrarily and mistakenly detained a U.S. African-American citizen and South Asian-American citizens during immigration raids. The RELA is a Malaysian government organization composed of volunteers who have been deputized with immigration enforcement responsibilities, including the authority to apprehend foreigners suspected of immigration violations. RELA is known to conduct periodic sweeps for illegal immigrants in locations frequented by tourists. Immigration detention facilities in Malaysia are often overcrowded and conditions are poor.

Currency: Currency exchange is readily available; international bank-to-bank transfers may take several days and require adequate identification. Credit cards are accepted throughout the country, but you should be aware of the risk of fraud carried out by criminal syndicates. ATMs can be a safer means of obtaining Malaysian Ringgit. You should note that personal identification numbers (PINs) in Malaysia are 6 digits long, and that some travelers have reported having difficulty retrieving cash from ATMs using 4-digit PINs. Western Union money transfers are available through various Malaysian banks and the post office. See Western Union’s website to find a Western Union location in Malaysia.

Customs: Malaysia’s customs authorities enforce strict regulations concerning the temporary importation into or export from Malaysia of items such as firearms, narcotics, medication, business equipment, currency and books, other printed material, and video and audio recordings which might be considered obscene or in any way harmful to public interest and cultural property. You should contact the Malaysian Embassy in Washington, D.C., or one of Malaysia’s consulates in the United States for specific information regarding customs requirements. Please also see our information on customs regulations.

Dual Nationality: Malaysia does not recognize or permit dual nationality. If Malaysian authorities learn that you are a U.S. citizen and also a citizen of Malaysia, they may require you to immediately renounce U.S. citizenship or forfeit Malaysian citizenship. If you are a dual U.S.-Malaysian citizen you should consider this issue seriously before traveling to Malaysia. See our dual nationality flyer for more information.

WOMEN TRAVELER INFORMATION: If you are a woman traveling abroad, please review our travel tips for Women Travelers.

LGBT RIGHTS: An 1861 colonial-era law, known as Section 377 of Malaysia’s penal code, criminalizes homosexual acts. Several states in Malaysia have instated Islamic Sharia laws, applying to male and female Muslims, criminalizing same sex activity with up to three years imprisonment and whipping. Transgender individuals have been arrested and charged with "indecent behavior,” and received fines and prison sentences of up to three months. For more detailed information about LGBT rights in Malaysia you may review the State Department’s annual Country Reports on Human Rights Practices. For further information on Lesbian, Gay, Bisexual and Transgender (LGBT) travel, please read our LGBT Travel Information page.

ACCESSIBILITY: While in Malaysia, individuals with disabilities may find accessibility and accommodation very different from that in the United States. The 2008 Persons with Disabilities Act recognizes the rights of persons with disabilities to enjoy the benefits of public transport, housing, education, employment, and health care. However, there is no penalty for those who do not comply with the Act’s provisions. For example, there are by-laws to compel new buildings to provide access for persons with disabilities but also provisions that allow local authorities to exempt compliance. The government does not mandate accessibility to transportation for persons with disabilities, and few older public facilities are adapted for such persons. New government buildings are generally outfitted with a full range of facilities for persons with disabilities.