Basic information
Outline of the system
The importation of radioactive materials/irradiating apparatus is prohibited under the provisions of the Atomic Energy Licensing Act 1984 unless licence and approval is obtained from appropriate authority i.e. Atomic Energy Licensing Board (AELB).
Under the Atomic Energy Licensing Act 1984, licence and approval are issued to a person (which means any individual, partnership, private or public body) for the importation of radioactive material/irradiating apparatus that are subject to the legislation. All records, in relation to the issuing of import licence and approvals and authorisation, are in soft copies.
Applications of import/export approval for radioactive materials/irradiating could be done through online system namely ePermit.
Product coverage
The goods covered include any radioactive materials, nuclear materials, prescribed substances and irradiating apparatus.
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 importation of radioactive material/irradiating apparatus is regulated as a protective measure and for regulatory monitoring on atomic energy activities. The monetary value is not a criterion for control.
Questions for products under restriction as to the quantity or value of imports
Information concerning imports/export are defined in the licence conditions. For users, the quantity is restricted to the quantity and type of products being licenced. For traders, there are no restriction on the quantity but restricted to the type of radioactive material/irradiating apparatus stated in the licence (being licenced).
The system applies to products originating from which country?
The Atomic Energy Licensing Act 1984 (Act 304) applies to the importation of goods from all countries, and the provision for import and export control have been included under Schedule of the Customs Act.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The control on importation of the specified goods is a statutory requirement under Section 12 and 17 of the Atomic Energy Licensing Act 1984.
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?
All persons (any individual, partnership, private or public body) are eligible to apply for approval to import after obtaining a licence for such activities from Atomic Energy Licensing Board.
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
Atomic Energy Licensing Board
Documentation requirements
What information is required in applications?
Application of licence is based on Radiation Protection (Licensing) Regulations 1986. The Atomic Energy Licensing Board has been implementing the e-Permit Online System where application of import and export of radioactive materials, nuclear materials, prescribed substances and irradiating apparatus, is carried out electronically. The information required includes:
- name and address of importer, and licence number;
- details of goods to be imported;
- details of the goods' container;
- end user details; and
- expected date of activity and place of landing.
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?
Application should be made in advance prior to the arrival of the goods i.e. fourteen (14) days before actual importation.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Approvals may be issued in any period of the year.
Issuing the license
Can a licence be granted immediately on request?
Approvals cannot be issued immediately as importers must obtain a licence from the Atomic Energy Licensing Board in order to be granted an approval to import.
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?
Importers must obtain a licence from the Atomic Energy Licensing Board before applications to import radioactive materials or irradiating apparatus is considered. Approval to import is issued by the Atomic Energy Licensing Board.
Must the applications be passed on to other organs for visa, note or approval?
Yes, importers must obtain a licence from the Atomic Energy Licensing Board before applications to import radioactive materials or irradiating apparatus is considered. Approval to import is issued by the Atomic Energy Licensing Board.
Are there any other conditions attached to the issue of a licence?
Authorization Approval is granted with certain conditions or requirements which must be complied by the holder of the approval.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
An application fee of RM15 is required upon each licence application. The licensee will be charged a licence fee upon acquiring the licence. For users, the sum will depend on the quantity of radioactive material/irradiating apparatus, the period of validity and the purpose of that specified material (the activity of the company for the usage of radioactive material/irradiating apparatus). For traders, a fixed sum of RM200 will be required upon the issuance of a licence. For the e-Permit System, the licensee will be charged for the online services.
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?
Application for a licence can be refused on the discretion of the Atomic Energy Licensing Board.
Are the reasons for any refusal given to applicants?
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?
Applicants can appeal to the relevant Minister in writing within thirty (30) days after being notified of such decision as stated under the Atomic Energy Licensing (Appeal) Regulations 1990.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Selective documents (which are necessary and relevant) are required upon actual importation namely:
The online declaration via eSPP (AELB) together with other documents (whichever necessary and relevant) namely:
- certified copy of special form certificate;
- certified copy of compliance for packaging of radioactive material for transportation;
- certified copy of customs declaration for goods imported/exported;
- copy of certified approval letter by origin authority;
- copy of decay chart for radioactive material;
- copy of airway bill/bill of landing;
- copy of permission to transport dangerous materials via air permit from the Civil Aviation Department;
- returns of possession (LPTA/BM/3); and
- returns of sale statement (LPTA/BM/2)
shall be uploaded into the system.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Approval is valid for a maximum period of three (3) months either from the validity date of the import licence or validity of Radiation Protection Officer (RPO) (whichever comes first) or calibration validity of monitoring equipment (whichever comes first) and applies to one consignment only.
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.