Canadian diplomats in Kuala Lumpur are helping Malaysians residing overseas secretly maintain dual citizenship, an internal memo obtained by The Asian Pacific Post shows.

The memo entitled CanadaFacilitating Criminal Violation of Foreign Laws? - Warning from our Canadian Embassy points to a practice where Canadian consular officials are helping Canadian citizens of Malaysian origin get special facilitation visas to travel and circumvent local citizenship laws.

Malaysia does not recognize dual nationality and it is criminal offence for Malaysians to have multiple passports. Malaysians found holding dual citizenship are automatically stripped of their Malaysian citizenship.

“It’s a conspiracy. It’s just not appropriate. It violates the laws of Malaysia,” said Richard Kurland, a Vancouver-based immigration policy analyst and lawyer, who provided the document to The Asian Pacific Post.

Angela Battiston, a Citizenship and Immigration Canada spokesperson said that the application for and issuance of these special “facilitation” visas in Kuala Lumpur appear to be incongruent with rules.

“At the very least, certainly it is misrepresentation,” she said.

The embarrassing revelation that Canadian diplomats are helping Malaysians to break another country’s laws has triggered inquiries by the Malaysian High Commission in Ottawa.

“We’ve got to find out what is happening there (in Kuala Lumpur). We will have to look into this matter,” said Suzilah Mohd Sidek, Second Secretary the High Commission.

“Yes. It’s a matter of concern.”

Malaysians who have chosen Canadian citizenship should be traveling with Canadian passports not their Malaysian passports said Sidek.

Malaysia detects dual citizenship from reports by Malaysian diplomatic missions overseas, it’s Immigration Department, police and the National Registration Department.

A previous count showed that the government of Malaysia has revoked the citizenship of 5,310 Malaysians for having dual citizenship and 1,930 others for having two passports.

The memo in part reads: “I have been trying for some time to understand the reason behind the creation of the Facilitation Visa. Malaysia, like Poland,does not recognize dual citizenship. Moreover, should local authorities find out that a Malaysian has another citizenship, they will move to strip this person of his Malaysian citizenship. I see Canadian citizens travelling here with their Malaysian passports, and wanting to leave with the same passport, since using a Canadian passport without an entry stamp would cause them to be stopped at the gates and possibly incarcerated for “entering Malaysia illegally”. In addition I have beenwaiting for the authorities to wise up to the F-1 code. Once they do, well it will end the practice completely, since I do not want our mission to be seen as helping persons commit a crime in Malaysia. Mind you, by travelling to Malaysia with their Malaysian passports, Canadians citizens are committing a crime. So going to the consular section would not help - I have been uncomfortable with issuing a Facilitation Visa, and each time warn the applicant to “straighten” his status and make a choice To put a “normal” TRV in the Malaysian passport of a Canadian citizen is not really an option, in my view – (Canadian) visas are for Foreign Nationals, not citizens. Some clear procedures or at least “philosophical” guidance would be appreciated.”

Henry Lee, president of the Toronto-based Malaysian Association of Canada, said that it is not easy for a Malaysian to renew his or her passport after acquisition of another nationality.

“It’s risky. You have to lie. You have to show proof that you have not acquired foreign citizenship,” Lee said.

Ironically, while the consular abuse goes unchecked, the Canadian Department of Foreign Affairs in its travel advisory on Malaysia, advises Canadian citizens that “dual nationality is not recognized” in Malaysia.

Foreign Affairs officials did not return calls from The Asian Pacific Post.