Labuan IOFC: The Legal Environment and its Challenges

To stimulate the financial sector further, the Malaysian government has established an International Offshore Financial Centre (IOFC) on the island of Labuan. The setting‐up of the IOFC provides new challenges for the enforcement community. Recent financial scandals involving offshore financial centres have highlighted the need to protect the IOFC from crimes and financial abuses and at the same time to ensure confidentiality is adhered to. In the paper, the Malaysian Offshore Banking Act 1990 is examined. The Offshore Banking Act, under certain conditions, allows a public officer to gain access to banking information. Stringent entry requirements are applied to banks and businesses but the bottom line is that bankers are expected to exercise responsible banking and a high standard of prudence.