PARLIAMENT | Putrajaya intends to adopt a cautious approach in formulating its moves following the striking down of United States President Donald Trump’s unilaterally imposed tariff measures.
Noting that the Agreement on Reciprocal Trade (ART) with the US has yet to be ratified, Prime Minister Anwar Ibrahim stressed that subsequent actions following the US Supreme Court’s verdict on Feb 20 should be undertaken in a measured and level-headed manner.
“The agreement between Malaysia and the US has not yet come into force. As of yesterday, the US has not proposed a date for ratification, so it remains pending at that stage.
“At this stage, we can only monitor. We do not want, in the current situation, to make a hasty decision that could jeopardise our trade interests,” Anwar (Harapan-Tambun) told the Dewan Rakyat today.
The prime minister, who is also the finance minister, said this in responding to a question posed by opposition lawmaker Rosol Wahid (PN-Hulu Terengganu), who had sought the government’s official stance in relation to the Supreme Court’s ruling against Trump’s tariffs.
Yesterday, former investment, trade and industry minister Tengku Zafrul Abdul Aziz claimed that following the ruling, Malaysia is no longer tied to the ART, which Malaysia and the US had signed during Trump’s visit to Kuala Lumpur in November last year.
Zafrul, who exited the cabinet on Dec 2 following the expiry of his senatorship, said this in responding to criticisms from former economy minister Rafizi Ramli, who alleged that Malaysia would be stuck with a 19 percent tariff despite the court order.
Trump has since threatened nations with punishing tariff hikes if they “play games” after his trade policy setback before the Supreme Court, with the president labelling the court’s decision as “ridiculous”.
In a notice posted late Sunday, US Customs and Border Protection said it would stop collecting tariffs struck down by the court starting today.
However, US Trade Representative Jamieson Greer maintained over the weekend that he expects partners to “stand by” the tariff deals they have struck with Washington.
Trump’s potential follow-up
In his reply today, Anwar agreed with viewpoints that urged the government to keep an eye on potential follow-up action by Trump, particularly in terms of whether certain legal provisions could be used to circumvent the Supreme Court’s interpretations, and the US Congress’ stance on the issue.
“It is not yet final… although it is a Supreme Court decision, the president may use several other provisions, which he believes fall within his authority.
“The Supreme Court also mentioned that the power to impose tariffs lies with Congress. I do not wish to debate on behalf of the US - that is their decision. Our decision is to use whatever means necessary to defend our interests,” Anwar affirmed.
Responding to an additional question put forth by Hassan Karim (Harapan-Pasir Gudang), Anwar highlighted that it would be “premature” to act solely based on the Supreme Court’s decision, saying: “Why should we rush?”
“The Supreme Court has made its decision, and whatever (subsequent) decision is finalised, we will not dispute it…just because the US Supreme Court decided three days ago, must we today decide strictly in line with that decision? I do not agree.
“Whatever decision we make, we must first examine it carefully and defend our interests. The government as a whole should be given some space and time, because whatever decision we make today may sound bold and impressive, but what are the risks to the national economy?”
Anwar also said Investment, Trade, and Industry Minister Johari Abdul Ghani has been tasked with presenting all aspects of the issue to the cabinet during its upcoming meeting on Friday.
Legal action against ART
In his query to the prime minister, Rosol had earlier referenced how he and four other opposition MPs had initiated legal action to challenge Malaysia’s signing of the ART, with the parliamentarian arguing that the deal was unconstitutional, null, and void.
The MPs - namely Rosol, Fathul Huzir Ayob (PN-Gerik), Awang Hashim (PN-Pendang), Mas Ermieyati Samsudin (PN-Masjid Tanah), and Abdul Khalib Abdullah (PN-Rompin) - had filed their originating summons at the Kuala Lumpur High Court on Jan 19.
Besides claiming that they and other lawmakers had been kept in the dark regarding the deal’s full terms, the MPs are also seeking several court declarations, including that Anwar lacked the constitutional authority to bind the nation to the trade deal.
Commenting on the matter today, Anwar said the government stands by the initial decision to sign the agreement, asserting that Malaysia is able to safeguard national security and the country’s economy via provisions included in the deal.
“But, if it is still disputed, there is no problem. Now that lawmakers have brought it to court, let the court interpret it.
“I have absolutely no issue whether (the court) sides with the originating summons or with the government’s position. There is a right to challenge it,” the prime minister said.
The US, with a gross domestic product of about US$31 trillion (RM121 trillion), is a key trading partner for Malaysia.
In 2025, total trade between the two countries reached around RM367 billion, including RM233 billion in Malaysian exports to the US. - Mkini
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