Live fish, fish and fish 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 Malaysian Quarantine and Inspection Services (MAQIS) is the Competent Authority for the issuance of the import permit for live fish, fish and fish products into Peninsular Malaysia and Federal Territory of Labuan. The importation of live fish to Sabah is subjected to import permit administered by the Department of Fisheries Sabah. Meanwhile, the importation of live fish to Sarawak is subjected to import permits administered by the Sarawak State Fisheries Office for marine fish and the Sarawak Agriculture Office for freshwater fish. The importation of fish and fish products to Sabah and Sarawak is subjected to import licence and wholesale administered by the Fisheries Development Authority of Malaysia or Lembaga Kemajuan Ikan Malaysia (LKIM) in both states.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The import permit covers all fish as defined in the Fisheries Act 1985. Fish refers any aquatic animal or plant life, sedentary or not, and includes all species of finfish, crustacean, mollusca, aquatic mammals, or their eggs or spawn, fry, fingerling, spat or young, but does not include any species of otters, turtles or their eggs.
Q3. The system applies to goods originating in and coming from which countries?
The system 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?
There are no restrictions in relation to the quantity or value of imports and currently there is no other alternative methods have been considered yet. It is because the current licensing is found to be effective in controlling the import activities.
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?
The import permit is a statutory requirement under the section 40, Fisheries (Amendment) Act 2012, section 4(2) Lembaga Kemajuan Ikan Malaysia (Amendment) Act 2012 and subsections
(1) and (2) under the Malaysian Quarantine and Inspection Services Act 2011 [Act 728].
Is it possible for the government to abolish the system without legislative approval?
The executive branch cannot abolish the system 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):
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?
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?
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.)
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?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of 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?
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?
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?
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)?
The application for import permit should be made in advance before the importation for document verification.
Q7.b. Can a licence be granted immediately on request?
Yes, for valid and specific reasons, subjected the consignment complies with the import regulations.
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, there is no limitation.
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?
The issuance of import permit is administrated by MAQIS.
Must the applications be passed on to other organs for visa, note or approval?
The required supporting documents for the application must be obtained from the Department of Fisheries Malaysia (DOF) and Fisheries Development Authority of Malaysia (LKIM).
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?
The application for import permit may be refused if there is non-compliance in the Sanitary and Phytosanitary (SPS) requirements or any relevant regulations as outlined by the Department of Fisheries Malaysia and Fisheries Development Authority of Malaysia (LKIM).
Are the reasons for any refusal given to applicants?
The reason for refusal will be informed to the applicant.
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?
The applicant may appeal to the Minister of Agriculture and Food Security (KPKM).
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?
a) Not applicable.
b) All persons, firms or institutions are eligible to apply import permit.
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?
The application for import permit into Malaysia must be made through e-permit system and the type of documents depends on the imported commodities.
Q11. What documents are required upon actual importation?
The list of documentation required upon actual importation is as follows:
(a) Import permit;
(b) Packing list of imported species;
(c) Fish Health Certificate from the exporting country;
(d) CITES import / export permit if applicable;
(e) Written permission by the Director General of Fisheries Malaysia for prohibited species, shrimp broodstocks and exotic species;
(f) Wholesale licence from Fisheries Development Authority of Malaysia (LKIM) for fish and fish product.
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?
A fee of RM15 shall be charged for the issuance of an import permit in respect of a consignment. In addition, an annual fee of RM100 for wholesale licence is also applicable.
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.
There is no any deposit or advance payment required for the issuance of import permit.
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 licence 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?
The issuance of import permit is administrated by MAQIS but the required supporting documents for the application must be obtained from the Department of Fisheries Malaysia (DOF) and Fisheries Development Authority of Malaysia (LKIM). Importers are advised to familiarise themselves with the requirement of the Food Act 1983 and Food Regulations 1985 enforced by the Ministry of Health of Malaysia, the Fisheries Act (Amendment) 2012 and the Lembaga Kemajuan Ikan Malaysia Act (Amendment) 2012.