Customs(Prohibition of Import) Order 1998
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CUSTOMS(PROHIBITION OF IMPORT) ORDER 1998 CUSTOMS ACT 1967 CUSTOMS (PROHIBITION OF IMPORTS) ORDER 1998 IN exercise of the powers conferred by subsection 31(1) of the Customs Act 1967, the Minister makes the following order: 1. This order may be cited as the Customs (Prohibition of Imports) Order 1998 and shall come into force on 1 June 1998. 2. The importation into Malaysia of goods specified in column (2) of the First Schedule, originating or manufactured wholly or mainly in, or consigned from, the countries specified in column (3) of the Schedule is absolutely prohibited. 3. (1) Subject to subparagraph (2), the importation into Malaysia of goods specified in columns (2) and (3) of the Second Schedule, originating from the countries specified in column (4) of the Schedule is prohibited, except under an Import Licence- (a) granted by the Director General of Customs; or (b) granted by the proper officer of customs appointed by the Director General of Customs to act on his behalf at the Ministry, Department or Statutory Body as specified in column (5) of the Schedule, and subject to such conditions specified in the licence. (2)(a) Subparagraph (1) shall not apply to the free zones at - (i) Mukim of Kapar, District of Klang, Selangor; (ii) West Port, Pulau Indah, Mukim of Klang, District of Klang, Selangor; (iii) Tanjung Pelepas Port, Mukim of Tajung Kupang, District of Johor Bahru, Johor; (iv) Johor Bahru (Pasir Gudang), Mukim of Plentong, District of Johor Bahru, Johor; (v) South Point, Pelabuhan Klang, Port Swettenham, Daerah Klang, Selangor; and (vi) (Lot 67894) Pulau Indah, Mukim Klang, Daerah Klang, Selangor; as in items 1, 4, 5, 11, 15 and 16 respectively of the First Schedule to the Free Zones Act 1990. (2)(b) subsubparagraph 3(2)(a) shall not apply to cranes as described in item 33 of the Second Schedule. (3) Provided that the movement from the free commercial zones to the Principal Customs Area, Labuan and Langkawi of goods specified in columns (2) and (3) of the Second Schedule, originating from countries shown in column (4) is probihited, except under an Import Licence granted by or on behalf of the Director General of Customs and subject to such conditions specified in the licence. 4. (1) Subject to subparagraph (2), for the purpose of affording temporary protection to local manufacturers, the importation into Malaysia of goods specified in columns (2) and (3) of the Third Schedule, originating from the countries specified in column (4) of the Schedule is prohibited, except under an Import Licence- (a) granted by the Director General of Customs; or (b) granted by the proper officer of customs appointed by the Director General of Customs to act on his behalf at the Ministry, Department or Statutory Body as specified in column (5) of the Schedule, and subject to such conditions specified in the licence. (2) Subparagraph (1) shall not apply to - (a) Labuan; (b) Langkawi; (c) the free zones at - (i) Mukim of Kapar, District of Klang, Selangor; (ii) West Port, Pulau Indah, Mukim of Klang, District of Klang, Selangor; and (iii) Tanjung Pelepas Port, Mukim of Tajung Kupang, District of Johor Bahru, Johor; and (iv) Johor Bahru (Pasir Gudang), Mukim of Plentong, District of Johor Bahru, Johor; (v) South Point, Pelabuhan Klang, Port Swettenham, Daerah Klang, Selangor; and (vi) (Lot 67894) Pulau Indah, Mukim Klang, Daerah Klang, Selangor; as in items 1, 4, 5, 11, 15 and 16 respectively of the First Schedule to the Free Zones Act 1990. Provided that the movement from Labuan and Langkawi and the free commercial zones to the Principal Customs Area, of goods specified in columns (2) and (3) of the Third Schedule, originating from countries shown in column (4) is probihited, except under an Import Licence granted by or on behalf of the Director General of Customs and subject to such conditions specified in the licence. 5. The importation into Malaysia of the goods specified in columns (2) and (3) of the Fourth Schedule, originating from the countries specified in column (4) of the said Schedule is prohibited, except in the manner provided for in column (5) of the Schedule. 5A. (1) Subject to subparagraph (2), the importation into Malaysia of goods specified in columns (2) and (3) of Part II of the Fourth Schedule, originating from countries specified in column (4) of the said Schedule is probihited, except in the manner provided for in column (5) of the Schedule. (2) Subparagraph (1) shall not apply to a free commercial zone prescribed to carry out commercial activity under the First Schedule to the Free Zones Act 1990. Provided that the movement from a free commercial zone, prescribed to carry out commercial activity under First Schedule to the Free Zones Act 1990, to the Principal Customs Area, Labuan, Langkawi and Tioman of goods specified in columns (2) and (3) of Part II of the Fourth Schedule is probihited, except in the manner provided for in column (5) of the said Schedule. 5B. The importation into Malaysia of the goods specified in columns (2) and (3) of Part III of the Fourth Schedule, originating from the countries specified in column (4) of the said Schedule is probihited, except in the manner provided for in column (5) of the Schedule. 6. A heading or subheading number of an item in the Second, Third and Fourth Schedules is for ease of reference only and has no binding effect on the classification of goods described in column (2) of the Schedule, 7. Paragraphs 3, 4 and 5 shall not apply to- (a) goods imported by or on behalf of the Government of Malaysia or the Government of any State; (b) goods, other than goods specified in the First Schedule, imported directly by the Commonwealth Forces; (c) motor vehicles authorized to enter Malaysia under the Road Transport Act 1987; (d) motor vehicles duly licensed in Brunei and permitted to be used in Sarawak under the prevailing road traffic or vehicles legislation; (e) motor vehicles entering Malaysia under an International Circulation Permit as prescribed by the prevailing road traffic or vehicles legislation; (f) motor vehicles entering Malaysia and driven or used by bona fide travellers; (g) goods loaded as normal aircraft s or ship s stores as approved by a proper officer of customs; (h) goods in transit, other than goods specified in the First Schedule. 8. Except as provided for under paragraph 10, the Import Licence granted, and any other documents required to be produced, under this Order, shall be produced at the time of import. 9. If the importation of an article is subject to a licence or permit under any other written law, then that licence or permit shall be produced before any licence is issued under this Order. 10. (1) Subject to subparagraph (2), goods imported into Malaysia may be removed to an inland clearance depot, licensed warehouse or free zone before production of the Import Licence or document as the case may be. (2) The Import Licence or document, whichever is applicable, shall be produced to the proper officer of customs within 48 hours of the arrival of the goods at the inland clearance depot, licensed warehouse or free zone. 11. The Import Licence required under paragraphs 3, 4 and 5 of this Order shall be in the form as prescribed in the Fifth Schedule. 12. The Director General of Customs may cancel or amend in his absolute discretion any Import Licence granted under this Order at any time before the importation of the goods to which such licence refers. 13. The Customs (Prohibition of Imports) Order 1988 is revoked. 14. Any particular Import Licence issued or having effect under the Order specified in paragraph 13, which is in force immediately before the commencement of this Order, shall have effect in the like manner as if it has been issued under the corresponding provisions of this Order. CUSTOMS(PROHIBITION OF IMPORT) ORDER 1998 SCHEDULE 4 PART I Item Description of Goods Heading/Subheading Country Manner of Import No. 1 Domestic animal, live or dead 01.01, 01.02, 01.03, All countries That the import is or any part 01.04, accompanied by thereof, including edible offals 02.01, 02.02, 02.03, an 02.04, import permit 02.06, 02.08, 02.09, issued by or on 02.10, behalf of the 0502.10 000, 0503.00 Director General 000, of Veterinary 0504.00 000, 05.06, Services 0511.10 000, 0511.99 under the Animal 000 Ordinance 1953 2 Pest including any vertebrate or 0106.90 900 (All stages All countries That the import is invertebrate of accompanied by animal (including the eggs of insects), 0307.60 100 a letter such animals), (Live of approval fungus, bacterium, virus, viroid, snails and slugs), issued by or on mycoplasma 0602.90 900, behalf of the like-organism, weeds or any 3002.90 900, (Microbial Director General other organism cultures only) of Agriculture for which is or is capable of being Peninsular injurious to Malaysia plants and includes any (including dangerous pests. Labuan ) or the Director of Agriculture for Sabah or Sarawak under the Plant Quarantine Act 1976 3 Any invertebrate animal 0106.90 900 (All stages All countries That the import is (including the eggs of accompanied by of such animals), fungus, insects), 0307.60 100 an import bacterium, virus or (Live permit issued by any other organism which is snails and slugs), or on behalf of beneficial to 0602.90 the Director agriculture and which is not 900, 3002.90 900 General of capable of being (Microbial Agriculture for injurious to plants cultures only) Peninsular Malaysia (including Lahuan) or the Director of Agriculture for Sabah or Sarawak under the Plant Quarantine Regulations 1981 and a phytosanitary certificate issued by an authorized official from the country of export.