SPECIAL PERMIT NEEDED TO BRING IN WILDLIFE-BASED PRODUCTS FROM ABROAD

This is the third and final part of a series of articles on the availability of pangolin-based traditional medicines in the market despite the international ban on pangolin trade.

About seven years ago, Terry (not his real name) visited Vietnam and experienced an allergic reaction due to an insect bite, prompting him to seek treatment and medication from a local traditional Chinese medicine (TCM) practitioner.

He was given capsules containing pangolin scales to treat the itchiness he was suffering from. Since he still had some of the medicine left, he put it in his backpack to bring it back home.

Unfortunately, upon scanning his bag on arrival at Kuala Lumpur International Airport, customs officers detained him after they found a box of medicine bearing the image of a pangolin in his bag.

“I told them the medicine was for my allergy but they informed me it could not be brought into the country without a permit because pangolins are a fully protected wildlife species. I told them I was unaware of the regulations because in Vietnam, it was sold openly,” he told Bernama, adding he was released without any further action but his medicine was confiscated.

PROTECTED SPECIES IN IUCN, CITES

In 2016, all pangolin species were placed under Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), meaning that any international commercial trade of the animal is prohibited.

The Sunda pangolin, the only native species found in Malaysia, is listed as Critically Endangered on the International Union for Conservation of Nature (IUCN) Red List of Threatened Species.

Despite being classified as an endangered and protected species and the international trade ban on them, pangolins, which are insectivorous mammals that feed on ants and termites, are highly sought after in China and Southeast Asia.

Their scales, believed to have medicinal properties in TCM, are commonly used to improve blood circulation, promote breast milk production and relieve arthritis.

Pangolin scales

According to the Department of Wildlife and National Parks Peninsular Malaysia (Perhilitan), all pangolin species are fully protected under the Second Schedule of the Wildlife Conservation Act 2010 (Act 716).

Perhilitan Enforcement Division director Noor Alif Wira Osman said pangolin scales are also listed under the Third Schedule of the International Trade in Endangered Species Act 2008 (Act 686), which requires a permit to import or export them.

He said under Section 68(2)(c) of the Wildlife Conservation Act 2010, any person who takes or possesses any fully protected wildlife or any part or derivative of such wildlife without a special permit may be fined not less than RM150,000 for each wildlife, part or derivative, and imprisoned for up to 15 years. These penalties are provided for under amendments to the Wildlife Conservation Act 2010 (Wildlife Conservation [Amendment] Act 2022 or Act A1646).

“Any substance or item containing parts or derivatives of wildlife, or any processed product containing specific wildlife parts or derivatives, brought from abroad, such as medicinal products made from pangolin scales, must have a special permit approved by the Director-General of Perhilitan. Approval must also be obtained from the Minister (of Natural Resources and Environmental Sustainability) before it can be brought into our country.

“Although various wildlife-based products are openly sold in other countries, this does not mean they can be freely brought into this country. The laws here differ from those in other countries, and enforcement will still be carried out if individuals possess or store such products without valid authorisation from Perhilitan,” he told Bernama.

Noor Alif Wira Osman

LICENCE SUSPENSION, DISCIPLINARY ACTION

TCM practitioners, meanwhile, face disciplinary action, including the revocation of their practicing licences, if found storing or selling medicines containing protected wildlife ingredients, including pangolin scales, to customers or patients at their premises.

Senior assistant director of the Traditional and Complementary Medicine Division at the Ministry of Health (MOH) Dr Tajul Iqmal Tajul Arus said TCM practitioners could have their licences suspended under the Traditional and Complementary Medicine Act (Act 775) if complaints are lodged against them.

“TCM practitioners found storing or processing medicines containing protected wildlife ingredients are usually subject to the laws under Perhilitan and NPRA (MOH’s National Pharmaceutical Regulatory Division).

“If they are convicted, or if we receive complaints through the Ministry of Health’s Public Complaints Management System, only then will we take disciplinary action by suspending their practicing licenses,” he said.

Meanwhile, experts who monitor wildlife trafficking believe that poaching is driven by the multibillion-dollar TCM industry, which mass-produces pangolin scale-derived pharmaceuticals to treat a variety of common ailments. 

Due to its proximity to wildlife markets in Vietnam and China and its population of native pangolins, Malaysia is both a source country and a trafficking route for the illicit pangolin trade, they claimed. 

Pangolin-scales based TCM (pix credit to Wildaid)

According to TRAFFIC, an international wildlife trade monitoring network, 82 percent of all seizures of live pangolins and pangolin scales between 2015 and 2021 were made by India, Vietnam, mainland China, Indonesia and Malaysia.

Its communications manager Elizabeth John said seizures in mainland China alone accounted for a staggering 93,500 kilogrammes of pangolin scales plus an additional 5,600 individual pangolins not recorded by weight, making it the largest volume recorded in Asia, with Vietnam following closely with 70,300 kg of pangolin scales and an additional 4,000 individual pangolins.

Perhilitan records have shown that the smuggling of live pangolins in Peninsular Malaysia was most frequent between 2016 and 2018, with an estimated 50 to 130 pangolins seized annually. Most of these seizures took place along the Malaysian-Thai border in the north.

Perhilitan’s Noor Alif said from 2019 to 2024, a declining trend was observed, with fewer than 20 live pangolins seized during that period. This decrease may be closely linked to the Chinese government’s decision to remove pangolin scales from its list of TCM ingredients in 2020.

“The last reported case of pangolin scale smuggling in Peninsular Malaysia was in July 2022, when 112.2 kg of pangolin scales were seized by the Royal Malaysian Customs Department at Port Klang. This was part of a larger haul, which included over 6,000 kg of other wildlife derivatives such as elephant ivory, rhino horns and other animal bones, with an estimated value of RM80 million,” he said.

A total of 112.2 kg of pangolin scales were seized by the Royal Malaysian Customs Department at Port Klang, as part of a larger haul, which included over 6,000 kg of other wildlife derivatives such as elephant ivory, rhino horns and other animal bones, with an estimated value of RM80 million

As for pangolin smuggling cases that were brought to court, among the more recent ones involved a senior officer from the Royal Malaysian Customs Department who was charged in the Shah Alam Sessions Court, Selangor, on May 31, 2024, for failing to surrender seized pangolin scales to Perhilitan in 2019.

He was charged under Section 403 of the Penal Code, which carries a jail term of not less than six months or a maximum of five years upon conviction. 

More recently, on Jan 13, two men were sentenced to 12 months in prison and fined RM200,000 by the Tawau Sessions Court in Sabah after they pleaded guilty to possessing pangolins.

According to the charges, they were found in possession of four live Sunda pangolins in a parking area in front of a premises in Semporna, Sabah, on Jan 4. The animal is a fully protected species under the Sabah Wildlife Department’s Wildlife Conservation Enactment 1997.

The accused were charged under Section 41(1) of the Enactment and faced penalties under Section 41(4)(a), which include a fine of not less than RM50,000 or up to RM250,000 and imprisonment of at least one year or up to five years upon conviction.

PANGOLIN HUNTING STILL OCCURRING

As for pangolin smuggling activities, a decline is evident in local and international enforcement statistics, especially following the declaration of the COVID-19 pandemic when China decided to remove pangolin scales from its list of TCM ingredients.

However, pangolin experts interviewed by Bernama believe this does not mean smuggling activities have stopped entirely.

They noted that such activities are still ongoing across Southeast Asia, including Malaysia which is home to the Sunda pangolin (Manis javanica) – the most heavily trafficked pangolin species.

Sabah-based non-governmental organisation Pangolin Aware founder Elisa Panjang claimed pangolin trafficking is “rampant across Southeast Asia”, driven by endless demand. 

“As a pangolin conservationist working on the ground in Malaysia, I have witnessed the devastating impact of poaching. Most poachers only care about the money they can make,” she told Bernama recently. 

All species of pangolins are fully protected under the Second Schedule of the Act 716

She said the illegal trading of pangolin scales is still thriving even though China, the largest consumer of pangolin scales, lowered its yearly limit on pangolin scales used for TCM purposes to one metric tonne – equivalent to 2,000 pangolins – in November last year.

“Even if they reduced (the quota), it is still fuelling the demand for pangolin scales, which keeps poachers in business,” Elisa said, adding, “I believe if China is serious about conservation, it must eliminate pangolin use in TCM entirely and actively promote ethical and sustainable substitutes. 

“China has the opportunity to lead the way in sustainable medicine while protecting a species on the brink of extinction. Otherwise, we are fighting a losing battle.”

She added conservationists are having a difficult time estimating how many pangolins are still left in the wild as these animals are elusive.

ROLE OF WILDLIFE CRIME BUREAU

Meanwhile, SAC Muhamad Azlin Sadari, deputy director at Bukit Aman’s Internal Security and Public Order Department (Wildlife Crime Bureau and Special Investigations Intelligence), said his team regularly collaborates with other agencies to beef up operations related to wildlife enforcement, particularly at the nation’s borders and in cases of forest encroachment for poaching activities.

“We act on public reports regarding forest encroachment and conduct joint operations with relevant agencies to combat these activities, not only in Peninsular Malaysia but also in Sabah and Sarawak,” he said.

SAC Muhamad Azlin Sadari, deputy director at Bukit Aman’s Internal Security and Public Order Department (Wildlife Crime Bureau and Special Investigations Intelligence)

Muhamad Azlin said one of their objectives is to strengthen enforcement through intelligence gathering, operations and special investigations into wildlife crimes to protect the nation’s national treasures and contribute to the conservation and preservation of biodiversity.

“If any offence is committed, arrests and seizures will be made and handed over to the responsible agency for investigation and prosecution,” he told Bernama.

He added the Wildlife Crime Bureau has revoked 6,683 firearm permits issued by the police for wildlife hunting purposes since 2020.

“We also participate in bilateral meetings with countries in this region to share information on cross-border wildlife poaching to prevent poachers from encroaching into Malaysian forests,” he said.

(Note: This story is part of the Macaranga Mentorship on Covering Wildlife Crime in Malaysia 2024, and is supported by Internews Earth Journalism Network.)