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WTO Documents Online WORLD TRADE G/LIC/N/3/MYS/4 17 October 2008 ORGANIZATION (08-5020) Committee on Import Licensing Original: English REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES1 Notification under Article 7.3 of the Agreement on Import Licensing Procedures MALAYSIA The following communication, dated 16 October 2008 is being circulated at the request of the delegation of Malaysia. ______________ Import controls are administered by one authority, the Royal Customs Department of Malaysia, but a number of Ministries and Government Agencies are responsible for the legislation and approval of licences. Consequently, replies to the Questionnaire have been organized according to specific products or goods, and the legislative instruments under which their import controls are maintained. I. PRODUCTS SUBJECT TO IMPORT LICENSING ADMINISTERED BY MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY (MITI) UNDER CUSTOMS (PROHIBITION OF IMPORTS) ORDER 1998 - (MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY)...................................................................3 II. ADDITIONAL PRODUCTS SUBJECT TO IMPORT LICENSING ADMINISTERED BY MITI UNDER CUSTOMS (PROHIBITION OF IMPORTS) (AMENDMENT) (NO. 4) ORDER 1997 EFFECTIVE FROM 17 OCTOBER 1997 – (MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY) ..............................................................................................................................5 III. FISH AND FISH PRODUCTS (FISHERIES DEVELOPMENT AUTHORITY OF MALAYSIA AND DEPARTMENT OF FISHERIES MALAYSIA) ............................7 IV. PLANT AND PLANTING MATERIALS (DEPARTMENT OF AGRICULTURE) ...................................................................................................................12 V. RADIOACTIVE MATERIAL/IRRADIATING APPARATUS (ATOMIC ENERGY LICENSING BOARD...........................................................................................16 VI. ANIMAL AND ANIMAL PRODUCTS (DEPARTMENT OF VETERINARY SERVICES) .............................................................................................................................18 VII. IMPORTATION OF PESTICIDES FOR SALE (PESTICIDES BOARD OF MALAYSIA) ...........................................................................................................................21 1 See document G/LIC/3, Annex, for the Questionnaire. G/LIC/N/3/MYS/4 Page 2 VIII. IMPORTATION OF PESTICIDES FOR RESEARCH AND EDUCATIONAL PURPOSES (PESTICIDES BOARD OF MALAYSIA)......................................................23 IX. RICE, GLUTINOUS FLOUR, RICE VERMICELLI, MILL MACHINERY (MINISTRY OF AGRICULTURE)......................................................................................25 X. IMPORTATION OF ROUND CABBAGE AND UNROASTED COFFEE BEANS (FEDERAL AGRICULTURAL MARKETING AUTHORITY (FAMA)) ..................................................................................................................................26 XI. PALM OIL (MALAYSIAN PALM OIL BOARD (MPOB)) ..............................................29 XII. EXPLOSIVES INCLUDING PROPELLANT POWDERS, PREPARED EXPLOSIVES, OTHER PROPELLANT POWDERS, SAFETY FUSES, DETONATING FUSES, PERCUSSION OR DETONATING CAPS, IGNITERS, DETONATORS, PYROTECHNIC ARTICLES, NITROCELLULOSE, NITROGLYCERINE, MERCURY FULMINATE, LEAD AZIDE, LEAD STYPHNATE, FICRIC ACID (TRINITROPHENOL TETRANIT-RATE (PETN), NITROGUANIDINE & TRIMETHYLENETRINITRA-MINE, FIREWORKS – (THE ROYAL MALAYSIAN POLICE) .................................................32 XIII. ANY PIECE OF EQUIPMENT, APPARATUS, APPLIANCE OR ANY OTHER DEVICE CAPABLE OF PRODUCING THE SOUND OF A SIREN OR ANY OTHER SOUND RESEMBLING THAT OF A SIREN IRRESPECTIVE OF ITS MODE OF OPERATION (THE ROYAL MALAYSIAN POLICE)..........................34 XIV. DRESS SERVING, USED OR WORN AS SHIELD OR PROTECTION AGAINST ATTACK INCLUDING BULLET PROOF VESTS EMERGENCY (PROHIBITION OF UNIFORMS AND DRESSES REGULATIONS 1974 (AS AMENDED BY P.U.(A) 349/1978) (THE ROYAL MALAYSIAN POLICE)....................36 XV. FIREARMS AND AMMUNITIONS (THE ROYAL MALAYSIAN POLICE) ...............38 XVI. ELECTRICAL EQUIPMENT – (MINISTRY OF ENERGY, WATER AND COMMUNICATIONS) ..........................................................................................................39 XVII. INTOXICATING LIQUOR, TOBACCO AND DENATURED SPIRIT (ROYAL CUSTOMS DEPARTMENT OF MALAYSIA)...................................................................45 XVIII. TELECOMMUNICATION APPARATUS (MALAYSIAN COMMUNICATIONS AND MULTIMEDIA COMMISSION) ........................................47 XIX. THERAPEUTIC SUBSTANCES AND GOODS (DRUG CONTROL AUTHORITY) ........................................................................................................................49 XX. CONTROL OF IMPORT OF SCHEDULED WASTES (TOXIC AND HAZARDOUS WASTES) – (DEPARTMENT OF ENVIRONMENT).............................51 XXI. SAWLOGS/WOOD IN THE ROUND/ROUGHLY SQUARED OR HALF-SQUARED BUT NOT FURTHER MANUFACTURED; LARGE, SCANTLING AND SQUARES OF 60 SQUARE INCHES AND ABOVE (MALAYSIAN TIMBER INDUSTRY BOARD (MTIB))...................................................53 G/LIC/N/3/MYS/4 Page 3 I. PRODUCTS SUBJECT TO IMPORT LICENSING ADMINISTERED BY MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY (MITI) UNDER CUSTOMS (PROHIBITION OF IMPORTS) ORDER 1998 - (MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY) Outline of system 1. Importation of selected industrial products is subject to import licensing administered by MITI. Purpose and coverage of licensing 2. Licences are categorised into automatic and non-automatic import licensing: Automatic Import licensing Safety helmets, all single and multi-colour copying machines, motor-homes, golf carts, bodies (including cabs) of motor vehicles, chassis and parts thereof for motor vehicles, prime movers, wheat flour, cement, high speed photocopier, electronic control master playback and bars including wire rods and steel billets. Non-automatic Import licensing Sugar, activated clay and bleaching earth, passenger and commercial vehicles, motorcycles, steel flat product, plastic and paper insulated wire and cables, Chloro Fluoro Carbon (CFC), batik sarong. Import of all goods from Serbia, Montenegro and Israel. 3. The system applies to import of goods originating from all countries, with the exception of all imports from Serbia, Montenegro and Israel which are subject to non-automatic licensing. 4. Automatic licensing is intended for data collection. Non-automatic licensing is intended to regulate the flow of imports and to promote selected strategic industries that have been identified to achieve certain socio-economic objectives. Imports of CFC are regulated in accordance with Malaysia's obligations under the Montreal Protocol. 5. Import licences are issued under the provision of the Customs (Prohibition of Imports) Order 1998, under subsection (1) of section 31 of the Customs Act 1967 with effect from 1 June 1998. Procedures 6. For products under restriction the quantity of imports is applicable globally. I. The information is unpublished. However, the form can be found in Schedule 5 (FIFTH SCHEDULE) of Customs (Prohibition of Imports) Order 1998. MITI will issue quota allocation letters to qualified importers. The letters will contain the quantity and the source of imports. II. Quotas are allocated on a yearly basis and import licences will be issued based on the quotas allocated. III. No, mandatory Malaysian Standards are imposed on certain products to ensure that licences allocated are not abused by the importers. Unused quotas will not be forwarded for a succeeding period. Yes, names of importers will be provided to the government and export promotion bodies. G/LIC/N/3/MYS/4 Page 4 IV. Applications for licences are accepted at any time in the current year. V. Time taken for processing of licences may vary between 3 to 7 working days. VI. All licences are valid for 3 months except for motor vehicles and steel products which are valid for 6 months. VII. Not applicable. VIII. Not applicable. IX. No. Import licences are not required and licences are issued automatically X. The importing country will be notified through the Approval Permit documentation. XI. No condition will be imposed on goods that are meant for export and which will not be sold on the domestic market. 7.(a) Applications should be made in advance before the arrival of goods. Yes, licences can be obtained immediately but only under exceptional circumstances. (b) Yes. (c) No. (d) Yes, MITI is the single administrative organ. However, views will be requested from other related agencies/bodies. 8. Other than the standard criteria, application for a licence may be refused if there is a contravention of any requirements from any other local authorities. Yes, reasons will be given to the applicant. The applicant has the right to appeal, in the event of a licence being refused, to the Director of Trade Services Division, MITI. Eligibility of importers to apply for licence 9. Yes, except for the importation of a completely built-up motor vehicles, which are reserved only to qualified Malaysian companies. There is no registration fee required. Documentational and other requirements for application for licence 10. Information required in the application for import licences are: - Name and address of importer; - Name and address of supplier; - Description of goods; - Value and quantity; - Customs tariff code; - Country of origin; - Port of entry; and - Date and signature of applicant. G/LIC/N/3/MYS/4 Page 5 11. The JK-69 form will itself become an import licence after it
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