The Ministry of Foreign Affairs is required to be proactive an dynamic in formulating and executing not only the foreign policies of Malaysia but also to promote Malaysia?s economic, political and social interest abroad. The Ministry has to ensure that it is not only acting within the parameters of both international law and domestic law but also within the terms of any treaties (bilateral/multilateral) and conventions of which Malaysia is a party.
The Legal Division of the Ministry therefore is required to play the role of assisting the Ministry and the Malaysian Missions overseas by providing legal advice on any matter pertaining to the Ministry in its interaction with not only the various foreign countries/governments/international organizations/non-governmental organizations but also between inter-agencies within the country. Legal advice is also given, when sought, to foreign embassies based in Malaysia on domestic law.
In order to discharge its advisory function, the Legal Advisers of the Division have the responsibility to draft and/or vet any bilateral/multilateral agreements/treaties/conventions which fall within the purview of the Ministry of Foreign Affairs. The Legal Advisers from the Division are from time to time included in the Malaysian delegation to international conferences and meetings especially when there are legal issues to be discussed, or generally to provide legal advice to the delegation on matters arising. The Division also prepares Instrument of Ratification or Accession which Malaysia has to deposit with the relevant authorities once the Cabinet decides that Malaysia becomes a Party to any treaty or convention.
Another important task of the Division is to assist in the drafting of legislation, both principal and subsidiary, which comes under the purview of the Ministry. The Division also assists the Ministry in preparing Cabinet Memoranda which has legal content, as well as prepares the views of the Attorney-General?s Chambers.
The Division also advises the Ministry with regard to the requests for extradition or mutual legal assistance in criminal matters and letters of rogatory issued by foreign Governments.
As the Ministry maintains over 98 foreign missions, embassies and consular offices abroad, administrative problems pertaining to the employment of officers/staff, contracts of leases in respect of overseas premises, supply, maintenance and construction contracts are referred to the Division for advice. The Division further provides advice on service matters and an officer from the Division sits as a member of the Ministry?s Disciplinary Board.
The Legal Division is also the depository for all bilateral/multilateral treaties of which Malaysia is a Party.
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