Pesticides for research and educational purposes
- 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.
Under the Pesticides (Importation for Educational and Research Purposes) Regulations 1981, unregistered pesticides may be imported for research and educational purposes or as pesticide analytical standards with an import permit issued by the Pesticides Board of Malaysia.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Any person who intends to import an unregistered pesticide for the purpose of research and education, or as pesticide analytical standards, in limited amounts, may do so by obtaining a permit from the Pesticides Board.
Q3. The system applies to goods originating in and coming from which countries?
The Regulations apply to all pesticides originating from 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 Regulations are intended to encourage research on unregistered pesticides and at the same time, minimise the possible adverse effects that could result from the experimentation with such pesticides. Each permit is for a specific quantity of pesticide(s) to be imported. Companies may apply to import the pesticides again if they can justify the need for the importation.
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?
The relevant law is the Pesticides (Importation for Educational and Research Purposes) Regulations 1981, under the Pesticides Act, 1974. It is a mandatory requirement under these regulations that an unregistered pesticide for research and educational purposes, or as pesticide analytical standards, may only be imported with an import permit issued by the Pesticides Board.
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?
Products imported under this category are often in the early stages of development and hence do not have sufficient data for registration. The Board has not set any quotas and each application is considered on its own merits. The above Regulations have been published in the Government Gazette; the Board has also published guidelines and has had an exchange of dialogue with the relevant concerned parties. The Guidelines are also available on the website. There is no exception or derogations from this requirement under these regulations.
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 amount of pesticide allowed for each permit depends, inter-alia, on the stage of development of the product, the purpose of the import, the research facilities of the importer and the expertise of the importer to handle such products. Each import permit is only valid for one consignment (which may consist of a number of pesticides) and the import should be made within six (6) months from the date of issue of the permit.
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.)
Officers of the Board would carry out inspections to ensure that the pesticides imported are used for the intended purposes. Unused allocations cannot be added to quotas for a succeeding period, the applicant has to apply for a new permit. The need to make known the names of importers of pesticides does not arise as many of these products that are imported are still in the developmental stage and considered as confidential by the importers.
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?
The time for processing an application depends on whether the applicant is able to comply with the requirements of the Regulations. Approvals are normally given within two (2) weeks from the date of application if the applicant could meet the requirements of the Board.
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Importers may import the pesticide(s) within six (6) months from the date of approval of permit.
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?
Consideration for registration of pesticides is affected by only one administrative organ. The importer does not have to approach other administrative organs.
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?
Applications are evaluated as soon as it is received. Evaluation is based on data submitted and further data may be required if it does not fulfil the requirements of the regulations. New importers are treated in a similar manner as the experienced importer. Each application is evaluated on its own merit.
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:
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)?
Q7.b. Can a licence be granted immediately on request?
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.
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?
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?
Applications are rejected if they do not meet the requirements set by the Pesticides Board or if in the opinion of the Board the risks involved in the importation outweigh the benefits.
Are the reasons for any refusal given to applicants?
Reasons for the refusal of applications will normally be advised.
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes an applicant ahs the right to appeal.
If so, to what bodies and under what procedures?
The applicant has the right to appeal to the Minister of Agriculture and Food Industries whose decision shall be final.
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?
Application for a permit may be made by locally registered companies, research institutions and institutions of higher learning.
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?
Information required is stipulated in the application form and in the Guidelines for Importation of Pesticides for Educational and Research Purposes published by the Board.
What documents is the importer required to supply with the application?
The applicant should submit two sets of application forms (one of which is an original), a letter of collaboration from partners if the research is jointly carried out with other parties, and an application fee of RM10.00.
Q11. What documents are required upon actual importation?
Upon actual importation, the original permit has to accompany other documents as per under the Customs Order.
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?
The application fee for a permit is RM10.00.
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.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Validity period for a permit is 6 months and 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?
a) As stated on the permit.
b) Not applicable.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The applicant also has to fulfil other requirements of the Royal Customs Department of Malaysia.