What AMLA provisions apply to property owners enabling fake goods trade?

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AMLA Provisions for Property Owners Enabling Counterfeit Trade

Owners of premises found to be facilitating the sale of counterfeit goods through rental agreements will face charges under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLA) 2001. This action is specifically for collusion, indicating that landlords knowingly allowing their properties to be used for illegal activities, such as operating syndicates selling fake products, will be held accountable. The Ministry of Domestic Trade and Consumer Affairs has stated that stern measures will be implemented against such property owners.
Collusion Charges Under AMLA 2001

Individuals found to be renting out their properties to syndicates engaged in the sale of counterfeit items can be charged under AMLA 2001 for collusion. This means that landlords are expected to exercise due diligence in vetting their tenants and their business activities, moving beyond mere profit considerations. The law aims to penalise those who, by providing the physical space, indirectly enable and profit from unlawful trade in counterfeit goods.
Reporting and Inter-Agency Cooperation

Beyond direct legal action under AMLA, the Ministry of Domestic Trade and Consumer Affairs will also report instances of premises being used for counterfeit sales to relevant local authorities. Furthermore, the ministry indicated a willingness to collaborate with the Immigration Department of Malaysia should counterfeit syndicates involve foreign nationals. This multi-pronged approach signifies a commitment to dismantling these operations by leveraging existing laws and inter-agency cooperation.
Disposal of Confiscated Counterfeit Goods

The enforcement actions are underscored by significant seizures of counterfeit goods. Since 2018, items including clothing, handbags, perfume, and alcohol, confiscated in 110 cases under the Trademarks Act 2019, were disposed of, with a value of RM2.4 million. More recently, in Kuala Lumpur alone this year, counterfeit products valued at RM6.3 million from 327 cases were similarly disposed of, illustrating the scale of the problem being addressed.

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What AMLA provisions apply to property owners enabling fake goods trade?

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