Basic information
Outline of the system
Under the Pesticides (Importation for Educational and Research Purposes) Regulations 1981, unregistered pesticides may be imported for research and educational purposes or as pesticide analytical standards with an import permit issued by the Pesticides Board of Malaysia.
Product coverage
Any person who intends to import an unregistered pesticide for the purpose of research and education, or as pesticide analytical standards, in limited amounts, may do so by obtaining a permit from the Pesticides Board.
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 Regulations are intended to encourage research on unregistered pesticides and at the same time, minimise the possible adverse effects that could result from the experimentation with such pesticides. Each permit is for a specific quantity of pesticide(s) to be imported. Companies may apply to import the pesticides again if they can justify the need for the importation.
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?
The Regulations apply to all pesticides originating from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The relevant law is the Pesticides (Importation for Educational and Research Purposes) Regulations 1981, under the Pesticides Act, 1974. It is a mandatory requirement under these regulations that an unregistered pesticide for research and educational purposes, or as pesticide analytical standards, may only be imported with an import permit issued by the Pesticides Board.
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?
What persons or firms are eligible to apply for a licence?
Application for a permit may be made by locally registered companies, research institutions and institutions of higher learning.
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
Pesticides Board of Malaysia
Documentation requirements
What information is required in applications?
Information required is stipulated in the application form and in the Guidelines for Importation of Pesticides for Educational and Research Purposes published by the Board.
What documents is the importer required to supply with the application?
The applicant should submit two sets of application forms (one of which is an original), a letter of collaboration from partners if the research is jointly carried out with other parties, and an application fee of RM10.00.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Not applicable.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Not applicable.
Issuing the license
Can a licence be granted immediately on request?
Not applicable.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Not applicable.
Which administrative body is responsible for approving application of licences?
Not applicable.
Must the applications be passed on to other organs for visa, note or approval?
Not applicable.
Are there any other conditions attached to the issue of a licence?
As stated on the permit.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
The application fee for a permit is RM10.00.
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable.
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?
Applications are rejected if they do not meet the requirements set by the Pesticides Board or if in the opinion of the Board the risks involved in the importation outweigh the benefits.
Are the reasons for any refusal given to applicants?
Reasons for the refusal of applications will normally be advised.
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes an applicant ahs the right to appeal.
If so, to what bodies and under what procedures?
The applicant has the right to appeal to the Minister of Agriculture and Food Industries whose decision shall be final.
Importation
Are there any limitations as to the period of year during which importation may be made?
Not applicable.
What documents are required upon actual importation?
Upon actual importation, the original permit has to accompany other documents as per under the Customs Order.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The applicant also has to fulfil other requirements of the Royal Customs Department of Malaysia.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Validity period for a permit is 6 months and 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.
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?
Products imported under this category are often in the early stages of development and hence do not have sufficient data for registration. The Board has not set any quotas and each application is considered on its own merits. The above Regulations have been published in the Government Gazette; the Board has also published guidelines and has had an exchange of dialogue with the relevant concerned parties. The Guidelines are also available on the website. There is no exception or derogations from this requirement under these regulations.
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 pesticide allowed for each permit depends, inter-alia, on the stage of development of the product, the purpose of the import, the research facilities of the importer and the expertise of the importer to handle such products. Each import permit is only valid for one consignment (which may consist of a number of pesticides) and the import should be made within six (6) months from the date of issue of the permit.
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)
Officers of the Board would carry out inspections to ensure that the pesticides imported are used for the intended purposes. Unused allocations cannot be added to quotas for a succeeding period, the applicant has to apply for a new permit. The need to make known the names of importers of pesticides does not arise as many of these products that are imported are still in the developmental stage and considered as confidential by the importers.
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?
Not applicable.
What are the minimum and maximum lengths of time for processing applications?
The time for processing an application depends on whether the applicant is able to comply with the requirements of the Regulations. Approvals are normally given within two (2) weeks from the date of application if the applicant could meet the requirements of the Board.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Importers may import the pesticide(s) within six (6) months from the date of approval of permit.
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?
Consideration for registration of pesticides is affected by only one administrative organ. The importer does not have to approach other administrative organs.
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?
Applications are evaluated as soon as it is received. Evaluation is based on data submitted and further data may be required if it does not fulfil the requirements of the regulations. New importers are treated in a similar manner as the experienced importer. Each application is evaluated on its own merit.
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.