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5.4.4 Supplement to CLEAR2019

101. CLEAR2019 will also provide for any undocumented worker to voluntarily register
themselves to benefit from repatriation back to their country of origin. They will be processed
quickly for repatriation to the country of origin. The Independent Committee recommends
that all offences resulting in liabilities, punishment, penalties and fees associated with the
violation of Malaysian immigration laws and regulations should be waived or discounted.
The government of the origin country will be asked to assist the PATI-REG2 in the travel
costs in case of financial need. Repatriation must take place expeditiously without undue
bureaucracy.

5.4.5. Enforcement actions to reduce the numbers of undocumented workers

102. On the basis of intelligence derived from the online foreign worker database, e.g. the
location where foreign workers are concentrated and the economic sectors and subsectors
they are frequently found in, enforcement authorities will step up action to identify and detain
undocumented workers and keep their numbers low. In particular, enforcement actions
should focus on undocumented workers who are self- employed and engaged in trading and
similar businesses.

103. New regulations are to be enacted to impose or otherwise increase penalties on
employers that knowingly employ undocumented workers, including for violations under the
separate legislation covering Employment, Immigration, Health, Construction, etc.

104. All previous programs to regularize undocumented workers will first be suspended
and thereafter terminated following due process and repayments of outstanding fees collected.

Policy Recommendations for managing undocumented workers
1. CLEAR2019 a new far-reaching comprehensive amnesty program for
regularization of undocumented workers
2. All procedures and processes under CLEAR2019, when available should be
undertaken online and no use of third party service providers be allowed. Pending
deployment of the single integrated online system, the new amnesty program should
proceed using existing systems.
3. Separate CLEAR2019 for employers and CLEAR2019 for employees. There will
also be a supplementary component for undocumented workers who want to benefit
from repatriation with penalties waived or discounted.
4. Step-up enforcement actions to maintain the numbers of undocumented workers low

5.5 Policies for expatriates

105. There are several channels for firms to apply for expatriates to work in Malaysia.
Agencies involved in the application and approval processes include JPA, BNM, Magic,
IRDA, ECSER, MDEC, TalentCorp and MIDA. The foreign worker identified and approved
is then forwarded to the Immigration Department (JIM) for further action. For example,
MIDA is one of the approval and regulatory authorities for the expatriate quota application
system. MIDA oversees expatriates for deployment as skilled foreign workers in the

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