Basic information
Outline of the system
The Department of Malaysian Quarantine and Inspection Services (MAQIS) is the Competent Authority for the issuance of the import permit for live fish, fish and fish products into Peninsular Malaysia and Federal Territory of Labuan. The importation of live fish to Sabah is subjected to import permit administered by the Department of Fisheries Sabah. Meanwhile, the importation of live fish to Sarawak is subjected to import permits administered by the Sarawak State Fisheries Office for marine fish and the Sarawak Agriculture Office for freshwater fish. The importation of fish and fish products to Sabah and Sarawak is subjected to import licence and wholesale administered by the Fisheries Development Authority of Malaysia or Lembaga Kemajuan Ikan Malaysia (LKIM) in both state.
Product coverage
The import permit covers all fish as defined in the Fisheries Act 1985. Fish refers any aquatic animal or plant life, sedentary or not, and includes all species of finfish, crustacean, mollusca, aquatic mammals, or their eggs or spawn, fry, fingerling, spat or young, but does not include any species of otters, turtles or their eggs.
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
There are no restrictions in relation to the quantity or value of imports and currently there is no other alternative methods have been considered yet. It is because the current licensing is found to be effective in controlling the import activities.
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 all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The import permit is a statutory requirement under the section 40, Fisheries (Amendment) Act 2012, section 4(2) Lembaga Kemajuan Ikan Malaysia (Amendment) Act 2012 and subsections (1) and (2) under the Malaysian Quarantine and Inspection Services Act 2011 [Act 728].
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?
The executive branch cannot abolish the system without legislative approval.
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 import permit.
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 Malaysian Quarantine and Inspection Services (MAQIS)
Documentation requirements
What information is required in applications?
What documents is the importer required to supply with the application?
The application for import permit into Malaysia must be made through e-permit system and the type of documents depends on the imported commodities.
Window of submission of an application
How far in advance of importation must application for a licence be made?
The application for import permit should be made in advance before the importation for document verification.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No, there is no limitation.
Issuing the license
Can a licence be granted immediately on request?
Yes, for valid and specific reasons, subjected the consignment complies with the import regulations.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
The issuance of import permit is administrated by MAQIS.
Must the applications be passed on to other organs for visa, note or approval?
The required supporting documents for the application must be obtained from the Department of Fisheries Malaysia (DOF) and Fisheries Development Authority of Malaysia (LKIM).
Are there any other conditions attached to the issue of a licence?
No.
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. In addition, an annual fee of RM100 for wholesale licence is also applicable.
Is there any deposit or advance payment required associated with the issue of licences?
There is no any deposit or advance payment required for the issuance of import permit.
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?
The application for import permit may be refused if there is non-compliance in the Sanitary and Phytosanitary (SPS) requirements or any relevant regulations as outlined by the Department of Fisheries Malaysia and Fisheries Development Authority of Malaysia (LKIM).
Are the reasons for any refusal given to applicants?
The reason for refusal will be informed to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes an applicant has a right to appeal.
If so, to what bodies and under what procedures?
The applicant may appeal to the Minister of Agriculture and Food Industries (MAFI).
Importation
Are there any limitations as to the period of year during which importation may be made?
No, there is no limitation.
What documents are required upon actual importation?
The list of documentation required upon actual importation is as follows:
(a) Import permit;
(b) Packing list of imported species;
(c) Fish Health Certificate from the exporting country;
(d) CITES import / export permit if applicable;
(e) Written permission by the Director General of Fisheries Malaysia for prohibited species, shrimp broodstocks and exotic species;
(f) Wholesale licence from Fisheries Development Authority of Malaysia (LKIM) for fish and fish product.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The issuance of import permit is administrated by MAQIS but the required supporting documents for the application must be obtained from the Department of Fisheries Malaysia (DOF) and Fisheries Development Authority of Malaysia (LKIM). Importers are advised to familiarise themselves with the requirement of the Food Act 1983 and Food Regulations 1985 enforced by the Ministry of Health of Malaysia, the Fisheries Act (Amendment) 2012 and the Lembaga Kemajuan Ikan Malaysia Act (Amendment) 2012.
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?
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.