Rice and paddy, glutinous flour, rice vermicelli
- 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 import licence is issued by the Ministry of Agriculture and Food Security under the Control of Paddy and Rice Act 1994 (Act 522). The Director General of the Royal Customs Department of Malaysia authorises the Paddy and Rice Industry Division, Ministry of Agriculture and Food Security to issue the Approval Permit (AP).
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Products under licensing are as follows:
- rice and paddy;
- product of rice (rice/glutinousflour, ricevermicelli, ketupat and etc.); and
- by-product of padi (temukut, husk, bran and etc.).
Q3. The system applies to goods originating in and coming from which countries?
The Order applies to the importation of goods 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 licensing is intended to monitor and ensure a stable supply of rice in the country.
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 import licence is a requirement under the Control of Padi and Rice Act 1994 (Act 522).
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)?
There is no specific period.
Q7.b. Can a licence be granted immediately on request?
Yes, a licence can be granted upon request in accordance with the conditions, requirements and procedures stipulated.
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.
The application can be made throughout 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?
The application for a licence is affected by a single 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?
Incomplete applications will be rejected.
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?
The application for an appeal can be made through the Paddy and Rice Industry Division, Ministry of Agriculture and Food Security.
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?
The import licence will be issued to the holder of the Rice Importers Licence, issued by the Paddy and Rice Industry Division, Ministry of Agriculture and Food Security.
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 information required in an application is as follows:
(a) Details of consignor and consignee;
(b) Name and address of applicant;
(c) Goods Code numbers;
(d) Description of items/goods;
(e) Quantity of goods and price;
(f) Exporting country;
(g) Port/place of discharge;
(h) Mode of transport; and
(i) Name of declarant/IC number/status/signature.
Q11. What documents are required upon actual importation?
Documents required upon actual importation are:
(a) Approval Permit (AP);
(b) Customs Form (JK 69);
(c) Custom Declaration Form (K1);
(d) Bill of Lading (BL);
(e) Invoice; and
(f) Phytho Certificate.
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?
RM 200.00 per year per licence (wholesale licence, import licence and export licence).
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 of a licence is up to three (3) years and cannot be extended. It can be renewed upon expiry.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilisation of a licence or a portion of a licence.
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?
The applicant has to state the quantity of the goods to be imported.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Under current procedures, all rice and paddy that imported to Peninsular Malaysia and Labuan need to go through inspection and approval by the Malaysian Quarantine and Inspection Services (MAQIS) at the point of The Malaysian Quarantine and Inspection Services Act 2011 [Act 728] is an Act to provide MAQIS for the purpose of providing integrated services relating to quarantine, inspection and enforcement at the entry points, quarantine stations and quarantine premises and certification for import and export of plants, animals, carcasses, fish, agricultural produce, soils and microorganisms and also includes inspection of and enforcement relating to food and for matters connected to it.