G/LIC/Q/MYS/15  
 
11 August  2017 
(17-4351) Page: 1/4 
Committee on Import Licensing  Original: English  
 
RESPONSES BY MALAYSI A TO THE QUESTIONS F ROM THE EUROPEAN UNI ON 
REGARDING ITS NOTIFIC ATION UNDER ARTICLE S 7.3 OF THE  
AGREEMENT ON IMPORT LICENSING PROCEDURES   
 
The following communication, dated 8 August  2017, is being circulated at the request of the 
delegation of Malaysia . 
 
_______________  
 
 
Following Malaysia’s replies to questionnaire on import licensing procedures under Article 7.3 of 
the Agreement (G/LIC/Q/ MYS/11), Malaysia would like to provide our responses to the questions 
from the European Union (G/LIC/Q/MYS/12) as follows:  
 
Purpose and coverage of licensing  
Page 2  
 
1.  Malaysia enumerates products under automatic and non -automatic licensing.  The EU wou ld 
like to receive further clarifications on this differentiation, clarifying what is the rationale behind 
the choice of imposing a non -automatic or an automatic license procedure. In particular, could 
Malaysia explain why bodies of motor vehicles are subj ect to automatic import licensing while 
passenger and commercial vehicles are subject to non -automatic import licensing?  
 
MALAYSIA’S REPLY  
 
Both automatic licensing and non -automatic licensing are intended for data collection 
and monitoring. The automatic licensing system was introduced as a monitoring 
mechanism, in accordance with Malaysia's trade, developmental and financial needs. 
The imposition of a non -automatic license is undertaken for public health and safety, 
environment and security reasons.  
 
Plant and Planting Material  
Pages 6 and 9  
 
2.  Could Malaysia clarify which cou ntries are in the " American Tropics "? Is there any detailed list 
of those countries?  
 
MALAYSIA’S REPLY  
 
The list of countries categorised as the American Tropics are stipulated und er the Plant 
Quarantine Regulations 1981 [P.U.(A)74/81]. These countries are Belize, the 
Plurinational State of Bolivia, Brazil, Colombia, Costa Rica, Cuba, Dominican Republic, 
Ecuador, El Salvador, French Gu yana, Grenada, Guadeloupe, Guatemala, Guyana, Ha iti, 
Honduras, Martinique, Mexico, Nicaragua, Panama Canal Zone (Panama), Paraguay, 
Peru, Puerto Rico, Saint  Lucia, Surinam e, Trinidad & Tobago and the Bolivarian Republic 
of Venezuela.  
 
3.  According to the notification, Pest Risk Analysis (PRA) is neede d prior to the issuance of an 
import permit for any new commodities or new countries. Could Malaysia clarify what body is in 
charge of the PRAs? Could Malaysia describe how the Pest Risk Analysis is carried out and the 
timelines required?  G/LIC/Q/MYS/15  
 
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  MALAYSIA’S REPL Y 
 
i. The agency in charge of Pest Risk Analysis (PRA) in Malaysia is the Department of 
Agriculture (DoA Malaysia).  
 
ii. Summary of PRA Application Process:  
 
 - Formal application by the importer (using official Application Form);  
 
- Application review by the Secretariat;  
 
- Upon completion of the Application Form, an official request for a Technical 
Document (TD) will be sent out to the National Plant Protection Organization 
(NPPO) of the exporting country (if necessary);  
 
- PRA commences upon receiving official TD from the NPPO of the exporting 
country;  
 
- The findings of the PRA shall be reviewed by a PRA Committee for import 
approval; AND  
 
- Applicant shall be informed on the decision of the PRA Committee.  
 
iii. The timeline required for the entire pro cess is 6 -24 months upon receiving 
complete required technical information from the NPPO of Exporting Country or 
from any reliable sources.  
 
Animal and animal products  
Pages 11 to 13  
 
4.  Halal certificates are required for the import of animal and animal products (except pork and 
pork products). In the notification, it is affirmed that the purpose of the licensing system for 
animal and animal products is to meet SPS and sanitary requirements. Could Malaysia clarify who 
can issue such certificates?  
 
MALAYSI A’S REPLY  
 
For the purposes of importing halal animal products into Malaysia, the products must 
come from abattoirs that have been approved for exportation to Malaysia. The 
certificates will be issued by the Department of Veterinary Services, Malaysia (DVS ).  
 
5.  According to the notification (p. 14) the validity of licences may be extended on the discretion 
of the Director General of MAQIS, under certain circumstances. Could Malaysia clarify what could 
be the special circumstances in this respect?  
 
MALAYS IA’S REPLY  
 
Prior to February 2016, the validity of import permit may be extended to accommodate 
the delay of shipment from the exporting countries. The request must be made to the 
Director General of Malaysian Quarantine and Inspection Services (MAQIS).  
 
However, from February 2016, no extension of such import permit is allowed. The 
determination of validity period is based as follows:  
  G/LIC/Q/MYS/15  
 
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  Commodity  Country/Region  
Air Sea Land  
Europe  
US/Canada  
A. Latin  
Africa  Asia/China  
Asia Pacific  Europe  
US/Canada  
A. Latin  
Africa  Asia/China  
Asia Pacific  
ASEAN  Thailand  
Singapore  
Carcass  
Live Animal  60 days  30 days  90 days  60 days  30 days  
Live Fish  
Fish Products  60 days  30 days  90 days  60 days  14 days  
Plant 
Agriculture Produce  
 60 days  30 days  90 days  60 days  14 days  
Soil 
Microorganism  60 days  30 days  90 days  60 days  14 days  
 
Rice  
Page 15  
 
6.  According to the notification, licensing is intended to monitor and ensure a stable supply of rice 
in the country. Could Malaysia clarify whether the licensing is used as a market management 
instrument? How does this work in practice?  
 
MALAYSIA’S REPLY  
 
The licensing is intended to monitor and ensure a stable supply of rice in the country. In 
this regard, rice millers and wholesalers  in Malaysia are obliged to provide a two -week 
rice stock report to the Paddy and Rice Industry Division under the Ministry of 
Agriculture and Agro -Based Industry. The report will be used to ensure the stability of 
rice supply, including to determine the requirement for imported rice.  
 
7.  Among th e documentations required upon actual importation of the rice, an Approval Permit 
(AP) is required. Could Malaysia clarify who issues the AP? It seems that only the holder of the 
Rice Importers License could apply for an AP? Could Malaysia clarify whether this is the case? 
Could Malaysia also clarify which are the conditions to be fulfilled for being a 'holder of the Rice 
Importers License'?  
 
MALAYSIA’S REPLY  
 
The Paddy and Rice Industry Division, under the Ministry of Agriculture and Agro -Based 
Industry issues the AP for the  importation of rice. Only  holders of the Rice Importers 
License (RIL) can apply for the AP. In order to apply for the RIL, applicants must first 
maintain their Wholesaler’s License.   
 
Round cabbage and unroasted green beans  
Pages 17 a nd 18  
 
8.  According to the notification, the purpose of licensing is to ensure the orderly importation of 
these two products. Could Malaysia explain what does it mean by "orderly importation" and how 
does the licensing process ensure this?  
 
  G/LIC/Q/MYS/15  
 
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  MALAYSIA’S REPLY  
 
The aim is to ensure continuous supply of round cabbage for the country and stabilize 
the price.  
 
9.  Importers intending to apply for a licence are required to register (subject to evaluation) with 
the Department of Agriculture as importers and ne ed to provide several types of information 
(trading area, trading experience, processing facilities). Could Malaysia clarify what is the purpose 
of this register for importers? Is it a pre -requirement for the importation of round cabbage and 
unroasted gree n beans? What is the rationale for imposing the above -mentioned requirements for 
the inscription in that register? Could Malaysia explain why the register would not constitute a 
restriction in as much as the ability to  apply for a licence is limited to the  importers listed in that 
register?  
 
MALAYSIA’S REPLY  
 
There is no restriction on importation. Any importer can apply for the license provided 
all requirements are fulfilled. Application for license is through an online -based system 
and each importer should be registered. The rationale is to identify the impor ters and 
monitor the amount/quantity of round cabbage imported into Malaysia.  
 
10.  Importers need to apply for a quota (monthly for cabbage and yearly for coffee). Could 
Malaysia clarify how the quota is allocated?  
 
MALAYSIA’S REPLY  
 
Quota allocation fo r round cabbage is determined on a monthly basis, based on domestic 
demand. Meanwhile, importation of unroasted coffee bean s has been liberalised since 
28 January 2016.  
 
11.  Round cabbages can only be imported in packages of 10 or 20 kg each. Could Malays ia clarify 
what is the reason for this restriction? Does this requirement also apply to the sale of locally 
produced round cabbage?  
 
MALAYSIA’S REPLY  
 
There are no restrictions in terms of packaging but the 10kg or 20kg specification for 
each package is a pplied to avoid damage to the cabbage. This requirement also applies 
to locally produced round cabbage.  
 
Logs, wood  
Page 28  
 
12.  Could Malaysia clarify why the importers need to be domiciled in Peninsular Malaysia and 
Sabah?  
 
MALAYSIA’S REPLY  
 
The requirement is to capture the data of importation (owner of company) and ensure 
availability of access to importer factory/premises.  
 
 
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