Basic information
Outline of the system
Importation of waste, parings and scrap of plastics is under the Customs (Prohibition of Imports) Order 2017, where an import licence issued by NSWMD.
Product coverage
The import permit covers all categories of plastics scrap under H.S. Code 3915.
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
Quantity or value of import are restricted to only 70% out of the total machineries' capacity.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
Restrict importation of plastic waste from developing countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The relevant laws are the Customs (Prohibition of Import) Order 2016 and Control Supply Act 1961. Import licences are issued under the Customs (Prohibition of Imports) Order 2016, 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?
Yes.
What persons or firms are eligible to apply for a licence?
All persons, firms or institutions are eligible to apply for licences provided they own and operate the processing plant and registered with Companies Commission 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
Department of National Solid Waste Management (NSWMD)
Documentation requirements
What information is required in applications?
Application for an import permit to import waste, parings and scrap into Malaysia must be made through the online permit system (e-Permit). Information required in the application for import licence are:
- name and address of importer;
- name and address of supplier;
- description of goods;
- value and quantity;
- customs tariff code;
- country of origin; and
- port of entry.
What documents is the importer required to supply with the application?
Other supporting documents required during the application are as below:
- Actual photos of imported goods;
- Plant/Factory Compliance letter by Department of Environment;
- Invoice from exporter/supplier;
- Exporter's approval letter by NSWMD;
- ISO 14001 certification from Exporter/supplier;
- Business Licence by respective local authority; and
- Confirmation letter from any related authority, accredited body or organization from exporting countries to carry out exports activities of plastic waste.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Applications of import licence should be made in advance before shipments/arrival of goods.
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?
The import licence will be processed within five (5) working days after the date of application.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Goods arriving at the port without a licence are against Customs (Prohibition of Imports) Order 2017.
Which administrative body is responsible for approving application of licences?
The issuance of import licence is administrated by NSWMD but the required supporting documents are needed from the Department of Environment and respective Local Authorities.
Must the applications be passed on to other organs for visa, note or approval?
The issuance of import licence is administrated by NSWMD but the required supporting documents are needed from the Department of Environment and respective Local Authorities.
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?
Importers are subject to service provider charge for e-Permit usage. Currently, there is no charge for import licence under NSWMD.
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 may be refused if there is a contravention of any requirements and regulations of Customs Act such as false declaration of goods.
Are the reasons for any refusal given to applicants?
Yes, reasons will be given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes an applicant has the right to appeal.
If so, to what bodies and under what procedures?
In the event a licence is being refused the applicant has the right to appeal to NSWMD.
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?
Approved import licence by NSWMD.
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?
The import licence is given for each consignment with validity period of six (6) months. Importers are required to apply a new import licence for every consignment.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non‑utilisation of a licence.
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.