Basic information
Outline of the system
The importation into Malaysia of round cabbages and unroasted coffee beans are placed under Part 1 of the Third Schedule of Customs (Prohibition of Imports) Order 2017 whereby importation is prohibited except in the manner provided: For importation into Peninsular Malaysia and Labuan an import permit issued by or on behalf of the Director General of Malaysian Quarantine and Inspection Services (MAQIS) under the Malaysian Quarantine and Inspection Services Act 2011 [Act 728]. For importation into Sabah and Sarawak – an import permit will be issued by Director General of Federal Agriculture Marketing Authority Malaysia (FAMA).
MAQIS issues the import permit for round cabbage and unroasted coffee beans based on the approval provided by Department of Agriculture (DOA).
Product coverage
This system is to ensure the orderly importation of round cabbages and unroasted coffee beans into the country.
Importers intending to import the products mentioned above are required to register (subject to evaluation) with DOA as importers. The applicants need to provide information about their experience in trading the products, trading area, outlets owned by importers, distribution network and handling facilities.
Import permits shall be used within the expiry date specified in the permits.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
None. Currently there is no other alternative methods have been considered yet.
Questions for products under restriction as to the quantity or value of imports
See answers 6.1-6.11
The system applies to products originating from which country?
Goods originating from all countries are subjected to this system.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The licence is statutorily required.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Applicants must have a valid licence to be involved in business from the Company Commission of Malaysia. Registered cooperatives may also apply. However, importers need to register with DOA. Firms applying to be registered with DOA are required to meet certain criteria which include financial standing, proper accounts, availability of storage, confirmation on the source of the supply and any contracts from those who would be buyers.
What persons or firms are eligible to apply for a licence?
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Department of Agiculture
Documentation requirements
What information is required in applications?
Information required for application (for registration as an importer):
- details of the applicant - name of company, type of business, capital invested, ownership etc.;
- details of the requirement - quantity, why required, source of supply;
- other relevant information to support this application; and
- application to be submitted together with documentary evidence on the above.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Roasted Coffee Beans: For the importation of roasted coffee beans, application for import permit must be made at least three (3) days prior to estimated date of arrival.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There is no limitation on the period for a licence application.
Issuing the license
Can a licence be granted immediately on request?
No.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Importation without import permits will not be allowed. However, an appeal can be made on a case by case basis.
Which administrative body is responsible for approving application of licences?
The importer only approaches DOA (online) to submit application.
Must the applications be passed on to other organs for visa, note or approval?
The importer only approaches DOA (online) to submit application.
Are there any other conditions attached to the issue of a licence?
The weight of each package of cabbages can be either 10 or 20 kg net each only however exemptions may be considered.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
A fee of RM15 shall be charged for the issuance of an import permit in respect of a consignment.
Is there any deposit or advance payment required associated with the issue of licences?
No.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
None
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes.
If so, to what bodies and under what procedures?
Appeal can be made to DOA and consideration for an appeal is on a case to case basis.
Importation
Are there any limitations as to the period of year during which importation may be made?
There is no limitation on the period for a licence application.
What documents are required upon actual importation?
For actual importation, importers may be required to submit Bill of Lading/Airway Bill and, or invoice together with the Import Permit and Customs Declaration.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
All round cabbage and unroasted coffee beans require Certificate of Conformity from the Federal Agricultural Marketing Authority (Grading, Packaging and Labelling of Agricultural Produce) Regulations 2008. These goods are subjected to inspection and approval by the Malaysian Quarantine and Inspection Services (MAQIS) at the point of entry in Peninsular Malaysia and Labuan, and FAMA and DOA Sabah and Sarawak in Sabah and Sarawak.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The validity period of an import licence varies between thirty (30) days to ninety (90) days depending on the mode of transportation and regions. The validity period cannot be extended.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization of a licence.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.
The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)
Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Information pertaining to the licensing requirements is available on the website of Department of Agriculture Malaysia (DOA) (http://www.doa.gov.my). Importers are well informed of the system and requirements of the licensing system. New applicants may also approach DOA for information on the licensing requirement.
Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?
The amount of round cabbages imported is stated in the import licences. Importer is required to apply for an import licence every time he intends to import. The size of the quota is determined on a yearly basis.
Are licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)
There is no special preference for domestic producers. The unused approved quota amounts are not added for a succeeding period.
From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Applications for import permit can be made at any time of the year.
What are the minimum and maximum lengths of time for processing applications?
An application for import permit will be process in one working day.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Applications for import permit can be made and approved well ahead of the actual date for importation.
Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
DOA and MAQIS are the authorities for the application and approval of permits, respectively.
If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
All genuine marketers of round cabbages are eligible to register as importers. Importers who misuse the import permits for profiteering may be de registered as importers.
In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Not applicable.
In cases where imports are allocated on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Not applicable.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Not applicable.