Basic information
Outline of the system
The Customs (Prohibition of Imports) Order 2017 regulates the importation of scheduled wastes into Malaysia. This Order is enforced by the Royal Malaysian Customs Department with the condition that prior written approval should be obtained from the Director General of Environmental Quality as stipulated under Section 34B(1)(b), Environmental Quality Act 1974.
Product coverage
The Order applies to scheduled wastes as defined in the Environmental Quality (Scheduled Wastes) Regulations 2005 and the Customs (Prohibition of Imports) Order 2017. Importation of scheduled wastes requires a prior written approval from Director General of Environmental Quality.
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
The system/import permit is intended to control the transboundary movements of hazardous wastes/ scheduled wastes to be managed in an environmentally sound manner (EMS) and to achieve the prevention of illegal traffic in Malaysia. The importation of hazardous wastes / scheduled wastes is destined for recovery/reuse only and the importation of hazardous wastes / scheduled wastes for final disposal is totally prohibited.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The importation of hazardous wastes / scheduled wastes restriction applies to all countries and wastes defined as hazardous wastes / scheduled wastes under Malaysia Law. The importation of hazardous wastes/scheduled wastes is prohibited from countries listed in Annex VII to the Basel Convention to all other countries as specified under Ban Amendment (Parties and other States which are members of the OECD, EC and Liechtenstein) and importation is prohibited from a non Party to the Basel Convention.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Import licences are issued under the Customs (Prohibition of Imports) Order 2017, which is made pursuant to the powers conferred by subsection 31(1) of the Customs Act 1967. Goods subjected to import licensing are scheduled in the said Order.
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?
By virtue of subsection 31(1) of the Customs Act 1967, it is possible for the Executive to abolish the system without legislative approval since the said provision clearly confers powers to the Executive to prohibit the importation into Malaysia either absolutely or conditionally.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
The importers must be a facility/premise that capable to recovery/reuse the hazardous wastes /scheduled wastes in ESM and the facility must be licenced by Department of Environment (DOE), Malaysia. No third party / traders shall be involved in the transboundary movement of the hazardous wastes /scheduled wastes.
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 Environment
Documentation requirements
What information is required in applications?
Please see the Department of Environment's website (http://www.doe.gov.my) for the checklist: AS14 (REV. 2006) – Application for the Importation of Scheduled Waste into Malaysia.
What documents is the importer required to supply with the application?
Please see the Department of Environment’s website (http://www.doe.gov.my) for the checklist: AS14 (REV. 2006) – Application for the Importation of Scheduled Waste into Malaysia.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Approval/written consent must be obtained prior to shipment from the country of import.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
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
The country of export shall not permit the export of the hazardous wastes / scheduled wastes without a written consent from the country of import (Malaysia). Any transboundary movement of hazardous wastes / scheduled wastes without a written consent from the country of import shall be deemed to be illegal traffic as the result of conduct on the part of the exporter or generator, the State of export shall ensure that the wastes are taken back into the State of export, by the exporter.
Which administrative body is responsible for approving application of licences?
The Department of Environment will issue an import permit/ written approval and the import permit/ written approval need to be attached with the Import declaration form of the Royal Malaysian Customs Department as required under The Customs (Prohibition of Import) Order 2017.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
Yes, the Department of Environment will specify the conditions in the import permit.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Yes.
Amount or rate?
A refundable Bank Guarantee for the amount of RM10,000.00 is required to be deposited with the Department of Environment for the scheduled wastes shipment process. The Bank Guarantee will be returned upon completion of the transboundary movement and provided the importer comply with all the conditions in the import permit.
Is it refundable?
Yes.
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?
Other than failure to comply with the ordinary criteria, the application shall be rejected If the facility in the importing county (Malaysia) is not environmentally sound manner (ESM) to recovery/reuse the hazardous wastes / scheduled wastes in an in accordance with the Basel Convention.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
What documents are required upon actual importation?
Written Approval shall be granted by The Director General of Environmental Quality as required under Section 34B (1)(b), Environmental Quality Act 1974 and The Customs Import Declaration Form.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Yes. Every application on import of scheduled wastes is subjected to a thorough evaluation of environmental impacts as well as country obligation to The Basel Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal. Any transboundary movements of hazardous wastes /scheduled wastes shall require the wastes generator or exporter to notify, in writing, through the channel of the competent authority to The Basel Convention of the State of export.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Depends on the request or circumstances. Maximum validity period is twelve (12) months.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
The next application may not be approved.
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.