Telecommunication 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 Certificate of Approval (CoA) applies to all communication product capable of being used for telecommunication in the frequency band up to 420 THz or their motherboards and apparatus or equipment to be attached or connected to Public Networks.
The issuance of CoA shall also cover hybrid product. Hybrid product is apparatus or equipment which is integrated with communications module for connecting to public communications network or for radio communications utilizing band up to 420 THz. It covers a range of product such as but not limited to electrical, toys, medical and Information and Communication Technology (ICT) products.
The CoA shall be declared to Royal Malaysian Customs Department, irrespective whether they are dutiable or otherwise in accordance to Customs Act 1967, Customs (Prohibition of Imports) Order 2023. The application of CoA shall be made through electronic system at ePermit (http://epermit.dagangnet.com.my) and the approval is obtained from SIRIM QAS International Sdn. Bhd. (SIRIM QAS International) as a Cross Border Regulatory Agency (CBRA).
The CoA is issued to product which has been certified by Type Approval (Compliance Approval) or Special Approval or product categorized under IT/Networking.
Starting from April 2017, SIRIM QAS International has implemented Release Letter application to assist importers for product clearance who importing non-hybrid product which are sharing tariff code with hybrid product. The application of Release Letter shall be made through electronic system at e-Permit (http://epermit.dagangnet.com.my) and the approval is obtained from SIRIM QAS International as a Cross Border Regulatory Agency (CBRA).
The Type Approval is granted to a specific model of communications product which has demonstrated compliance to the Malaysian Communications and Multimedia Commission (MCMC)'s Technical Codes http://mcmc.gov.my/Legal/Register/CMA-Registers.aspx or applicable standards which may include the following:
- Malaysian Standard;
- International Standard;
- Foreign standard of a national standards organization;
- Technical Checklist; and
- Technical Declaration (association or industry standards or acceptable customer specification).
In addition, certification mark shall be affixed or displayed on the certified product to denote compliance as required in the Communications and Multimedia Act (CMA) 1998, Communication and Multimedia (Technical Standards) Regulations 2000. The certification mark shall be associated with unique Identification of SLP ID either for Certificate Holder or Principal, issued by SIRIM QAS International and it shall be used according to Self-Labelling Program (SLP) guideline. The guideline will be provided after Certificate holder (importer / supplier) successfully registered for SLP ID. There are requirements for registration of product serial number or International Mobile Equipment Identity (IMEI) number prior to approval of import permit CoA for traceability.
The Special Approval is the approval given to any equipment that are to be exclusively used by applicant is not applicable for local sales. Special Approval is only applicable to the following category in accordance with the Communications and Multimedia Act (CMA) 1998, Communication and Multimedia (Technical Standards) Regulations 2000;
(a) For personal or company's own use
(b) For trials, market surveys or demonstration of equipment which uses network connections;
(c) Exhibition purposes without network connection;
(d) Research and Development (R&D); and
(e) Training.
Following on year 2020, SIRIM QAS International had introduced Type Approval for Internet Protocol Version 6 (IPv6). IPv6 certification program which to ensure IPv6 equipment imported for use in Malaysia conform to MCMC Technical Code (MCMC MTSFB TC T013:2019), the Communication and Multimedia Act (CMA) 1998, Communications and Multimedia (Technical Standards) Regulations 2000 and Certification Requirements. IPv6 compliant product certification program has been implemented starting 10th July 2020.
Apart from that, SA and CL (Special Approval and Clearance Letter) also been introduced on 4th April 2020 where the main objective is to ease personal CoA for product purchases overseas, especially through e-commerce platforms. Applicant require to register as Individual Registration (Malaysian or Non-Malaysian). Application will be evaluated, verified and approved within 24 hours (working days) upon document and payment completed.
The application for Type Approval, Special Approval, SA and CL (Special Approval and Clearance Letter) and IT/Networking and shall be made through https://ecomm.sirim.my/ where SIRIM QAS International has been appointed by MCMC as the Certification Agency (CA) for communication equipment under the powers cited in the Communications and Multimedia Act (CMA) 1998, Communications and Multimedia (Technical Standards) Regulations 2000.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The CoA system is based on Customs (Prohibition of Imports) Order 2023. The related products cover communication and multimedia equipment and apparatus includes hybrid products which is integrated with communications module for connecting to public communications network or for radio communications utilizing band up to 420 THz.
Q3. The system applies to goods originating in and coming from which countries?
The Order applies to the importation of telecommunication equipment 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 type approval is intended to ensure:
- Interoperability with other communications equipment or network;
- Non-interference, impairment or malfunction of or harm to any communications product, network or any other product; and
- Safety to public in general and for any communications equipment or any other equipment.
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?
CoA are issued under the Customs (Prohibition of Imports) Order 2023, which is made pursuant to the powers conferred by subsection 31(1) of the Customs Act 1967. Goods subjected to CoA are scheduled in the said Order.
Is it possible for the government to abolish the system without legislative approval?
By virtue of subsection 31(1) of the Customs Act 1967, it is possible for the Executive to abolish the system without legislative approval since the said provision clearly confers powers to the Executive to prohibit the importation into Malaysia either absolutely or conditionally.
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)?
For registered applicant and and subscriber user of Dagangnet, CoA can be approved within 5 minutes to 10 minutes electronically.
CoA will only be given if the products have met the following requirements:
(i) Products have been type approved by SIRIM QAS International; or
(ii) Products have been evaluated under Special Approval; or
(iii) Product categorised under IT/Networking.
For Release Letter application, the approval will be granted within 24 hours (working day and will only be given if the products have met the following requirements:
(i) Product has no communication/wireless features;
(ii) Sharing the tariff code or HS Code with hybrid
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?
Importers are required to register for an online account with SIRIM QAS International. After registration, applications can be done online. SIRIM QAS International as the appointed Certifying Agency for Malaysian Communications and Multimedia Commissions (MCMC) is responsible for certifying and registering of product serial number or IMEI number for communication & multimedia products and the Cross Border Regulatory Agency (CBRA) for Royal Customs Department of Malaysia for the issuance of CoA.
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?
A possibility in refusal for approval could be due to the fact that the product is not certified or prohibited items. Reasons shall be given for the refusal.
Are the reasons for any refusal given to applicants?
Reasons shall be given for the refusal.
For Release Letter, refusal for approval could be due to the reason that the product did not meet the following requirements:
(i) Product has no communication/wireless features;
(ii) Sharing the tariff code or HS Code with hybrid
Have applicants a right of appeal in the event of refusal to issue a licence?
Applications can be resubmitted if the product is certified.
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 are eligible to apply for CoA including for Release Letter application. However, applicant that applying for certifications shall be a Malaysian registered company with Companies Commissions of Malaysia (SSM).
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?
To register for for electronic account (ePermit user), applicants are requested to fill up the Registration Form with a copy of individual/company supporting documents and submit to Dagangnet Technologies Sdn. Bhd. (https://www.dagangnet.com) as an ePermit Service Provider. The online registration also can be done through http://reg.dagangnet.com/login_option.html. As registered applicant, applications shall be submitted electronically.
Q11. What documents are required upon actual importation?
Copy of approved CoA or approved Release Letter.
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 fee charge is RM20.00 per CoA for registered user and subject to any applicable government tax and service provider fee for every successful transaction. A one-time registration fee of 00 (SME)/RM610 (Corporate) and annual fee of RM200.00 are charged for a registered applicant. Corporate rate is considered when the organisation has more than 150 staff or/and annual revenue of more than RM25 million.
For Release Letter, the fee charge is RM20.00 per approved Release Letter and subject to any applicable government tax and service provider fee for every successful transaction.
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 CoA is valid for three (3) months. New application is required for extension of validity. The Release Letter is valid for one (1) New application is required for extension of validity.
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) Not applicable.
b) CoA will only be given if the products have met the following requirements;
(i) Products have been type approved by SIRIM QAS International Sdn. Bhd.; or
(ii) Products under Special Approval (Category: Personal/Company, Demo/Trial/Market Survey, Exhibition, R&D and Training); or
(iii) Product categorised under IT/Networking.
Importation of samples for certification purposes (Type Approval) is limited to two (2) units per model or as specified in the test requirements. There is also a labelling requirement for certified products.
The CoA is valid for one shipment and per model only.
Release Letter is valid for multiple shipments and per model only.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Certifications (Type Approvals / Special Approvals), Self-Labelling Program, and registration for manufacturers, assembler, repair centre, service centre and call centre.
For Release Letter, other administrative procedures are not applicable.