Radioactive material/irradiating apparatus
- 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 importation of radioactive materials/irradiating apparatus is prohibited under the provisions of the Atomic Energy Licensing Act 1984 unless licence and approval is obtained from appropriate authority i.e. Atomic Energy Licensing Board (AELB).
Under the Atomic Energy Licensing Act 1984, licence and approval are issued to a person (which means any individual, partnership, private or public body) for the importation of radioactive material/irradiating apparatus that are subject to the legislation. All records, in relation to the issuing of import licence and approvals and authorisation, are in soft copies.
Applications of import/export approval for radioactive materials/irradiating could be done through online system namely ePermit.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The goods covered include any radioactive materials, nuclear materials, prescribed substances and irradiating apparatus.
Q3. The system applies to goods originating in and coming from which countries?
The Atomic Energy Licensing Act 1984 (Act 304) applies to the importation of goods from all countries, and the provision for import and export control have been included under Schedule of the Customs Act.
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 importation of radioactive material/irradiating apparatus is regulated as a protective measure and for regulatory monitoring on atomic energy activities. The monetary value is not a criterion for control.
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 control on importation of the specified goods is a statutory requirement under Section 12 and 17 of the Atomic Energy Licensing Act 1984.
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)?
Application should be made in advance prior to the arrival of the goods i.e. fourteen (14) days before actual importation.
Q7.b. Can a licence be granted immediately on request?
Approvals cannot be issued immediately as importers must obtain a licence from the Atomic Energy Licensing Board in order to be granted an approval to import.
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.
Approvals may be issued in any period of the year.
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?
Yes, importers must obtain a licence from the Atomic Energy Licensing Board before applications to import radioactive materials or irradiating apparatus is considered. Approval to import is issued by the Atomic Energy Licensing Board.
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?
Application for a licence can be refused on the discretion of the Atomic Energy Licensing Board.
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?
Applicants can appeal to the relevant Minister in writing within thirty (30) days after being notified of such decision as stated under the Atomic Energy Licensing (Appeal) Regulations 1990.
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 (any individual, partnership, private or public body) are eligible to apply for approval to import after obtaining a licence for such activities from Atomic Energy Licensing Board.
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?
Application of licence is based on Radiation Protection (Licensing) Regulations 1986. The Atomic Energy Licensing Board has been implementing the e-Permit Online System where application of import and export of radioactive materials, nuclear materials, prescribed substances and irradiating apparatus, is carried out electronically. The information required includes:
- name and address of importer, and licence number;
- details of goods to be imported;
- details of the goods' container;
- end user details; and
- expected date of activity and place of landing.
Q11. What documents are required upon actual importation?
Selective documents (which are necessary and relevant) are required upon actual importation namely:
The online declaration via eSPP (AELB) together with other documents (whichever necessary and relevant) namely:
- certified copy of special form certificate;
- certified copy of compliance for packaging of radioactive material for transportation;
- certified copy of customs declaration for goods imported/exported;
- copy of certified approval letter by origin authority;
- copy of decay chart for radioactive material;
- copy of airway bill/bill of landing;
- copy of permission to transport dangerous materials via air permit from the Civil Aviation Department;
- returns of possession (LPTA/BM/3); and
- returns of sale statement (LPTA/BM/2)
shall be uploaded into the system.
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?
An application fee of RM15 is required upon each licence application. The licensee will be charged a licence fee upon acquiring the licence. For users, the sum will depend on the quantity of radioactive material/irradiating apparatus, the period of validity and the purpose of that specified material (the activity of the company for the usage of radioactive material/irradiating apparatus). For traders, a fixed sum of RM200 will be required upon the issuance of a licence. For the e-Permit System, the licensee will be charged for the online services.
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?
Approval is valid for a maximum period of three (3) months either from the validity date of the import licence or validity of Radiation Protection Officer (RPO) (whichever comes first) or calibration validity of monitoring equipment (whichever comes first) and applies to one consignment only.
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?
Authorization Approval is granted with certain conditions or requirements which must be complied by the holder of the approval.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.