Animal and animal products
- Document symbol
- G/LIC/N/3/MYS/16
- Original language
- English
- Published on
- 19/11/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The Department of Veterinary Services, Malaysia (DVS) is the competent authority for the sanitary and phytosanitary (SPS) for imported animal and animal products in term of veterinary health and veterinary public health.
The importation into Malaysia of animal and animal products are placed under Part 1 of the Third Schedule of Customs (Prohibition of Imports) Order 2023 whereby importation is prohibited except in the manner provided under the Order.
Since 2013, import permit for all animal and animal products imported into Peninsular Malaysia and Labuan is issued by The Department of Malaysian Quarantine and Inspection Services (MAQIS) under the Ministry of Agriculture and Food Security (KPKM) in accordance to the Malaysian Quarantine and Inspection Services Act 2011 [Act 728].
Import permit for animal and animal products which is imported into Sabah and Sarawak is issued respectively by Department of Veterinary Services and Animal Industry, Sabah and Department of Agriculture, Sarawak.
For the importation of wildlife or products thereof, prior obtaining the import permit from MAQIS, the importers are required to obtain licence and CITES from the Department of Wildlife Protection and National Parks and approval letter from DVS.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Import permit is required as prescribed under the Customs (Prohibition of Imports) Order 2023 for import of animal and animal-based products into Malaysia.
Q3. The system applies to goods originating in and coming from which countries?
The requirement applies to all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The requirement for import permit is to ensure the imported animal and animal products fulfil the SPS requirements.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Is the licensing statutorily required?
Import permit is a statutory requirement 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?
The act does not allow for administrative discretion regarding the designation of animal and products that are subjected to licensing.
Is it possible for the government to abolish the system without legislative approval?
Government or the executive branch is not allowed to abolish the requirement for import permit without legislative approval.
Procedures
Q6. 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):
See answers 6.1-6.11
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? 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?
The information concerning allocation of tariff rate quotas (TRQ) and procedure of filling application for TRQ is published on the website of Department of Veterinary Services Malaysia http://www.dvs.gov.my/index.php/pages/view/381. The TRQ quota is opened to countries with the distribution of the in-quota tariff rate and volume, will be administered on ‘first-come-first-served’ basis for each commodity. The implementation of the TRQ depends on the applicable commitments under the respective bilateral or regional FTAs.
Q6.II. How is the size of the quotas determined: on a 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 fresh licence on a six-monthly or quarterly basis?
The size of quotas is determined on a yearly basis.
Q6.III. Are licences allotted 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 the 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.)
The in-quota tariff rate and volume are available to all registered importers, without preference given specifically to domestic producers of like goods. All registered importers, whether they are domestic producers or traders, have the same opportunity to apply and utilize the quota.
Q6.IV. 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?
Application to utilize the in-quota rate and volume is open and based on first come first serve basis starting from 1 January of each calendar year until the in-quota volume is fully utilized.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
24 hours using online application in ePermit system to get the import permit.
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Application for import permit can be made and approved well ahead of the actual date for importation.
Q6.VII. 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?
The application for TRQ is carried out by a single administration with MAQIS through ePermit system.
Q6.VIII. 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?
The in-quota volume given is on first come first served basis. However, the determination of whether the commodity can utilize the in-quota tariff will be made by the Royal Malaysian Customs Department, which assesses the application based on the specific Free Trade Agreement (FTA) under which the importer is seeking to claim the tariff privilege.
Q6.IX. 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?
Yes. Import Permits are still required for importation and the importer is still required to apply for import permits through ePermit system.
Q6.X. In cases where imports are allowed 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?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
See answers 7.a-7.d.
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Application for an import permit should be made before the animal or animal products depart from the exporting country or country of origin. This is to provide time for checks and verification the information declared in the importation documents as well as for the processing and issuance of the licence.
Q7.b. Can a licence be granted immediately on request?
Yes, for valid and specific reasons, subjected the consignment complies with the import regulations. However, there will be penalties or compound charged to the
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No, applications for import permit and importation can be made at any period of the
Q7.d. 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?
Which administrative body is responsible for approving application of licences?
For the application and issuance of import permits for animal and animal products, approval should be obtained from Department of Veterinary Services (DVS) which is the competent veterinary authority in Malaysia. DVS will conduct risk assessment in term of SPS and also veterinary inspection, if necessary, before granting approval to MAQIS will approve the import permit based on the approval list provided by DVS.
Must the applications be passed on to other organs for visa, note or approval?
In the case of wildlife or products thereof, written permission should also be obtained from the Wildlife Department particularly for wildlife or products thereof which are subjected to CITES regulations in relation to conservation of endangered species of wild fauna and flora.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
None.
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes the applicant has a right to appeal.
If so, to what bodies and under what procedures?
The applicant may appeal to DVS to get the approval.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons, firms, corporate bodies and institutions are eligible to apply for an import permit subjected the animal or animal products intended to be imported complies with import regulations.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
What information is required in applications?
The information required will depend on the type of animals and products, the purpose of importation and the country of origin.
What documents is the importer required to supply with the application?
Applications for an import permit to import animals and animal products into Malaysia must be made through the online permit system (E-Permit).
Q11. What documents are required upon actual importation?
Types of documents required upon actual importation are:
(i) For the importation of live animals:
- Import permit from MAQIS; and
- Veterinary Health Certificate/Quarantine Certificate from exporting countries;
- CITES certificate in case of wildlife animals:
(Refer also to the Department of Wildlife Protection and National Parks.)
(ii) For importation of animal products (except pork and pork products):
- Import permit from MAQIS;
- Veterinary Health Certificate (issued by a competent Veterinary Authority); and
- Halal Certificate (issued by JAKIM or Halal Organisation Body recognized by JAKIM).
(iii) For importation of animal products (pork and pork products):
- Import permit from MAQIS;
- Veterinary Health Certificate (issued by a competent Veterinary Authority).
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
Import permit fees are as follows:
| No. | Category | Fee (RM) |
|---|---|---|
| 1 | Dog and Cat | 40 per animal |
| 2 | Restricted Breed Dog | 100 per animal |
| 3 | Deer | 5 per animal |
| 4 | Horse | 20 per animal |
| 5 | Cattle/ Buffalo | 5 per animal |
| 6 | Goat/Sheep | 3 per animal |
| 7 | Day Old Chick/Duck/Ostrich/Geese/Quail for breeding | 5 per permit |
| 8 | Trading day chick | 0.20 per animal |
| 9 | Pet Bird | 2 per animal |
| 10 | Ostrich | 5 per animal |
| 11 | Any other types of birds | 2 per animal |
| 12 | Pig | 10 per animal |
| 13 | Animal for zoo/exhibition/competition | 10 per animal |
| 14 | Research animal | 10 per permit |
| 15 | Other animal (other than listed above) | 3 per animal |
| 16 | Egg | 10 per permit |
| 17 | Meat carcass and meat products | 10 per 100kg |
| 18 | Birds carcass and birds products | 20 per 100kg |
| 19 | Bones, hides, skins, milk produce, milk, vaccine or other animal products which is not stated below in (20) | 50 per permit |
| 20 | Animal excrement used as fertilizer, animal bone products for animal feed, meat products for animal feed, blood products for animal feed, animal fat, eggshell or other non-human consumption product | 20 per permit |
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The validity period of an import permit varies between thirty (30) days to ninety (90) days depending on the mode of transportation and regions. The validity period cannot be extended.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Prior to the applications for import permit from MAQIS to import animals or animal products into Malaysia from MAQIS through the online permit system (E-Permit), approval to import should be obtained from Department of Veterinary Services (DVS) which is the competent veterinary authority in Malaysia. DVS will conduct risk assessment in term of SPS before granting approval to import. MAQIS will approve the import permit based on the approval list by DVS.
Import of meat and products of animal origin are subject to the import protocol under the Animal Act 1953 (Act 647) and stipulates the import conditions including inspection and approving of export establishments for compliance to SPS, Veterinary and Halal requirements.