Basic information
Outline of the system
The Certificate of Approval (CoA) applies to all communication product capable of being used for telecommunication in the frequency band up to 420 THz or their motherboards and apparatus or equipment to be attached or connected to Public Networks.
The issuance of CoA shall also cover hybrid product. Hybrid product is apparatus or equipment which is integrated with communications module for connecting to public communications network or for radio communications utilizing band up to 420 THz. It covers a range of product such as but not limited to electrical, toys, medical and Information and Communication Technology (ICT) products.
The CoA shall be declared to Royal Malaysian Customs Department, irrespective whether they are dutiable or otherwise in accordance to Customs Act 1967, Customs (Prohibition of Imports) Order 2017. The application of CoA shall be made through electronic system at ePermit (http://epermit.dagangnet.com/epermit.jsp) and the approval is obtained from SIRIM as a Cross Border Regulatory Agency (CBRA).
The CoA is issued to product which has been certified by Type Approval (compliance approval) or Special Approval or product categorised under IT/Networking. Type Approval is granted to a specific model of communications product which has demonstrated compliance to the Malaysian Communications and Multimedia Commission (MCMC)'s Technical Codes http://mcmc.gov.my/Legal/Register/CMA-Registers.aspx or applicable standards which may include the following:
(a) Malaysian Standard;
(b) International Standard;
(c) Foreign standard of a national standards organization;
(d) Technical Checklist; and
(e) Technical Declaration (association or industry standards or acceptable customer specification).
The application for Type Approval shall be made through https://ecomm.sirim.my/ where SIRIM has been appointed by MCMC as the Certification Agency for communication equipment under the powers cited in the Communications and Multimedia Act (CMA) 1998, Communications and Multimedia (Technical Standards) Regulations 2000.
In addition, certification mark shall be affixed on the product to denote compliance as required in the Communications and Multimedia Act (CMA) 1998, Communication and Multimedia (Technical Standards) Regulations 2000. The certification mark shall be associated with unique Identification of SLP ID either for Certificate Holder or Principal, issued by SIRIM QAS International and it shall be used according to Self-Labelling Program (SLP) guideline. The guideline will be provided after Certificate holder (importer) successfully registered for SLP ID. There are requirements for registration of product serial number or International Mobile Equipment Identity (IMEI) number prior to approval of import permit for traceability.
Starting from April 2017, SIRIM QAS International Sdn. Bhd. has implemented Release Letter application to assist importers for product clearance who importing non-hybrid product which are sharing tariff code with hybrid product. The application of Release Letter shall be made through electronic system at e-Permit (http://epermit.dagangnet.com/epermit.jsp) and the approval is obtained from SIRIM as a Cross Border Regulatory Agency (CBRA).
Following on year 2020, SIRIM QAS International Sdn Bhd had introduced compliance approval for Internet Protocol Version 6 (IPv6). IPv6 certification program which to ensure IPv6 equipment imported for use in Malaysia conform to MCMC Technical Code (MCMC MTSFB TC T013:2019), the Communication and Multimedia Act (CMA) 1998, Communications and Multimedia (Technical Standards) Regulations 2000 and Certification Requirements. IPv6 compliant product certification program has been implemented starting 10th July 2020.
Apart from that, SA and CL (Special Approval and Clearance Letter) also been introduced on 4 April 2020 where the main objective is to ease personal CoA for product buying in e-commerce platforms. Application shall be submitted through https://ecomm.sirim.my/ where applicant require to register as Individual Registration (Malaysian or Non-Malaysian). Application will be evaluated, verified and approved within 24 hours upon document and payment completed.
Product coverage
The CoA system is based on Customs (Prohibition of Imports) Order 2017. The related products covers communication and multimedia equipment and apparatus includes hybrid products which is integrated with communications module for connecting to public communications network or for radio communications utilizing band up to 420 THz.
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 type approval is intended to ensure:
- Interoperability with other communications equipment or network;
- Non-interference, impairment or malfunction of or harm to any communications product, network or any other product; and
- Safety to public in general and for any communications equipment or any other equipment.
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 Order applies to the importation of telecommunication equipment from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
CoA are issued under the Customs (Prohibition of Imports) Order 2017, which is made pursuant to the powers conferred by subsection 31(1) of the Customs Act 1967. Goods subjected to CoA 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 are eligible to apply for CoA including for Release Letter application. However, applicant that applying for certifications shall be a Malaysian registered company with Companies Commissions of Malaysia (SSM).
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
Sirim Qas International
Documentation requirements
What information is required in applications?
What documents is the importer required to supply with the application?
To register for electronic account, (ePermit user), applicants are requested to fill up the Registration Form with a copy of individual/company supporting documents and submit to Dagangnet Technologies Sdn. Bhd. (www.dagangnet.com) as an ePermit Service Provider. The online registration also can be done through http://reg.dagangnet.com/login_option.html. As registered applicant, applications shall be submitted electronically. For non registered applicants or one-time application, application must be done in writing to SIRIM QAS International Sdn. Bhd or email to sirimepermit@sirim.my.
Window of submission of an application
How far in advance of importation must application for a licence be made?
For registered applicant, CoA can be approved within 5 minutes to 10 minutes electronically.
For unregistered applicant, CoA can be approved in writing to SIRIM for goods already arriving at the port. SIRIM will register electronically on behalf of the applicant and the process will take within 24 hours (working day).
CoA will only be given if the products have met the following requirements:
(i) Products have been type approved by SIRIM QAS International Sdn. Bhd.; or
(ii) Products have been evaluated under Special Approval (Category: Personal/Company, Demo/Trial/Market Survey, Exhibition, R&D and Training); or
(iii) Product categorised under IT/Networking.
For Release Letter application, the approval will be granted within 24 hours (working day). Release Letter will only be given if the products have met the following requirements:
(i) Product has no communication/wireless features;
(ii) Sharing the tariff code or HS Code with hybrid product.
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?
Yes, registered users would be able to get CoA on the same day electronically and within 24 hours (working day) for nonregistered applicants. However, for Release Letter application the approval will be granted within 24 hours (working day).
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 are required to register for an online account with SIRIM QAS International Sdn Bhd. After registration, applications can be done online. SIRIM QAS International Sdn. Bhd. as the appointed Certifying Agency for Malaysian Communications and Multimedia Commissions (MCMC) is responsible for certifying and registering of product serial number or IMEI number for communication & multimedia products and the Cross Border Regulatory Agency (CBRA) for Royal Customs Department of Malaysia for the issuance of CoA.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
CoA will only be given if the products have met the following requirements;
(i) Products have been type approved by SIRIM QAS International Sdn. Bhd.; or
(ii) Products under Special Approval (Category: Personal/Company, Demo/Trial/Market Survey, Exhibition, R&D and Training); or
(iii) Product categorised under IT/Networking.
Importation of samples for certification purposes (Type Approval) is limited to two (2) units per model or as specified in the test requirements. There is also a labelling requirement for certified products.
The CoA is valid for one shipment and per model only.
Release Letter is valid for multiple shipments and per model only.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
The fee charge is RM20.00 per CoA for registered user and subject to any applicable government tax and service provider fee for every successful transaction. A one-time registration fee of RM310.00 (SME)/RM610 (Corporate) and annual fee of RM200.00 are charged for a registered applicant. Corporate rate is considered when the organisation has more than 150 staff or/and annual revenue of more than RM25 million. Non-registered applicants or one-time application will be charged RM30.00 per CoA and subject to any applicable government tax and service provider fee.
For Release Letter, the fee charge is RM20.00 per approved Release Letter and subject to any applicable government tax and service provider fee for every successful transaction.
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?
A possibility in refusal for approval could be due to the fact that the product is not certified or prohibited items. For Release Letter, refusal for approval could be due to the reason that the product did not meet the following requirements:
(i) Product has no communication/wireless features; or
(ii) Sharing the tariff code or HS Code with hybrid product.
Are the reasons for any refusal given to applicants?
Reasons shall be given for the refusal.
Have applicants a right of appeal in the event of refusal to issue a licence?
Applications can be resubmitted if the product is certified.
If so, to what bodies and under what procedures?
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?
Copy of approved CoA or approved Release Letter.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Certifications (Type Approvals / Special Approvals), Self-Labelling Program, and registration for manufacturers, assembler, repair centre, service centre and call centre.
For Release Letter, other administrative procedures are not applicable.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The CoA is valid for three (3) months. New application is required for extension of validity. The Release Letter is valid for one (1) year. New application is required for extension of validity.
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.