Basic information
Outline of the system
The importation of cement is subjected to Certificate of Approval (COA) issued by Construction Industry Development Board (CIDB) while Ministry of Domestic Trade and Consumer Affairs (MDTCA) is the custodian for policy decisions regarding the importation of cement.
Product coverage
COA is required to ensure the imported cement adhered to the Malaysian Standard (MS85).
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
It is to ensure all imported cement products adhered to the Malaysian Standards and safe for usage.
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 system applies to import of listed goods originating from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Import licences are issued under the Customs (Prohibition of Imports) Order 2004, 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?
What persons or firms are eligible to apply for a licence?
All persons, firms or institutions are eligible to apply for licences.
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
Ministry of Domestic Trade and Consumer Affairs (MDTCA)
Documentation requirements
What information is required in applications?
Information pertaining to the requirements of COA application is published in the MDTCA's official website at https://www.kpdnhep.gov.my. Basic information required:
- details of the applicant - the name of the company, type of business, address of company, ownership;
- details of the importation - quantity, why required, source of supply; port of arrival, the purpose of importation;
- categorization letter from customs; and
- Invoice/ Purchase order of the said product.
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?
Applications should be made in advance before the arrival of goods.Importers will have to apply for Letter of Approval (LOA) from MDTCA prior to application of certificate of approval (COA) from SIRIM. LOA will be issued within 7 to 14 working days while COA will be issued within 3 working days after product verification at the port of entry. The product should comply with the required standard before verification. Importation without COA will not be allowed.
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
Importation without COA will not be allowed.
Which administrative body is responsible for approving application of licences?
Importers have to approach MDTCA for LOA NOL application and approach CIDB for online COA application.
Must the applications be passed on to other organs for visa, note or approval?
Importers have to approach MDTCA for LOA NOL application and approach CIDB for online COA application.
Are there any other conditions attached to the issue of a licence?
Not applicable.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
Fee varies according to the type of cement products and type of test conducted. Importers can request for a full quotation from CIDB prior to the test.
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?
Not applicable.
Are the reasons for any refusal given to applicants?
Not applicable.
Have applicants a right of appeal in the event of refusal to issue a licence?
Not applicable.
If so, to what bodies and under what procedures?
Not applicable.
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?
Upon actual importation, importers may be required to submit Bill of Lading/Airway Bill together with the COA from CIDB and Customs Declaration.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Not applicable.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
COA is issued based on the test result. A full type test result (FTTR) is valid for valid for three (3) months subject to no change of mill and subsequent shipment only requires critical tests to be conducted. However, for every shipment, a new COA is required and the test to be conducted depends on whether a FTTR is still valid or not. The validity period cannot be extended.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
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.