Committee on Market Access - Notification pursuant to the Decision on Notification Procedures for Quantitative Restrictions - 2022 - 2024 - Malaysia

NOTIFICATION PURSUANT TO THE DECISION ON NOTIFICATION PROCEDURES
FOR QUANTITATIVE RESTRICTIONS

Malaysia

The following communication, dated 22 December 2023, is being circulated at the request of the delegation of Malaysia.

 

A.      Notifying Member: Malaysia

B.      Date of notification: 24 October 2023

C.      First time notification:

      Yes

      No, last notification was made in (doc. symbol): G/MA/QR/N/MYS/2

D.      Type of notification:

      1.  Complete (i.e., notification of all quantitative restrictions in force)

      2.  Changes to a notification previously made in (doc symbol) which are of the following nature:

            2.1   Introduction of new restrictions, as listed in Section 1.

            2.2   Elimination of restrictions, as described in G below.

            2.3   Modification of a previously notified restriction, as described in Section 1.

      3.  Reverse notification of restrictions maintained by (Member):

E.     The notification provides information for the following biennial period 2022-2024 and relates to restrictions in force as of 30 September 2023

F.      This notification contains information* relating to:

      Section 1:   List of quantitative restrictions that are currently in force.

      Section 2:  Cross-reference to other WTO notifications with information on quantitative restrictions that are currently in force and additional information.

G.      Comments of a general nature, including a description of the elimination of restrictions notified under D.2.2 and the date they ceased to be in force.

        

 


Section 1: List of quantitative restrictions that are currently in force

 

QR

No.

General description of the restriction

Type of restriction

Tariff line code(s) affected, based on

HS (2022)

Detailed Product Description

WTO Justification and Grounds for Restriction, e.g., Other International Commitments

National legal basis and entry into force

Administration, modification of previously notified measures, and other comments

1

2

3

4

5

6

7

1._     

Non-automatic licensing for the export of strategic goods and technology

NAL-X

Various:

E.g.: guns, ammunitions, explosives, valve, integrated circuits, maraging steel, and carbon fibre, etc.

 

Strategic Trade (Strategic Items) (Amendment) Order 2018,  (Amendment) Order 2021 and Strategic Trade (Strategic Items) (Amendment) Order 2023.

 

Available in:

https://lom.agc.gov.my/act-view.php?type=pua&lang=BI&no=P.U.%20(A)%20263/2018

 

https://lom.agc.gov.my/act-view.php?type=pua&lang=BI&no=P.U.%20(A)%20159/2021

 

https://lom.agc.gov.my/ilims/upload/portal/akta/outputp/1829449/PUA%20196%20(2023).pdf

Strategic items refer to goods and technology that are controlled under the Strategic Trade Act 2010 [Act 708]. A definitive and comprehensive list of strategic items is prescribed in the Strategic Trade (Strategic Items) (Amendment) Order 2018, (Amendment) Order 2021 and Strategic Trade (Strategic Items) (Amendment) Order 2023. The Orders reflect the items currently required to be controlled under the international export control regimes, as well as the relevant United Nations Security Council Resolutions.

 

Available in:

https://lom.agc.gov.my/act-view.php?type=pua&lang=BI&no=P.U.%20(A)%20263/2018

 

https://lom.agc.gov.my/act-view.php?type=pua&lang=BI&no=P.U.%20(A)%20159/2021

 

https://www.miti.gov.my/miti/resources/STA%20Folder/PDF%20file/FINAL_Strategic_Trade_(Strategic_Items)_List_2023.pdf

Articles XX(a), XX(b) and XXI of the GATT

 

United Nation Security Council Resolution (UNSCR) 1540 adopted on 28 April 2004

Strategic Trade Act 2010 [Act 708]

Administered by Ministry of Investment, Trade and Industry (MITI).

 

The Strategic Trade Act 2010 [Act 708], is the legislation that controls the export, transhipment, transit and brokering of strategic items and technology, including arms and related material, as well as activities that will or may facilitate the design, development, production and delivery of weapons of mass destruction. This Act is consistent with Malaysia's international obligations on national security.

2._     

Non-automatic licensing for the import of unmanufactured tobacco, and tobacco refuse

NAL

2401.10

2401.20

2401.30

Unmanufactured tobacco, and tobacco refuse

Article XX(b) of the GATT

 

Article 5 of the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC)

Customs (Prohibition of Imports) Order 2023

Administered by National Kenaf and Tobacco Board (NKTB), Department of Malaysian Quarantine Inspection Services (MAQIS) and Ministry of Plantation and Commodities (KPK).

3._     

Import prohibition of illegally logged timber from Indonesia

P

4403

Logs; Wood in the rough, whether or not stripped of its bark or merely roughed down; wood roughly squared or half-squared but not further manufactured; and baulks from Indonesia

Article XX(d) of the GATT

Customs (Prohibition of Imports) Order 2023

 

MTIB Director General Circular Letter dated 26 June 2002 and 26 May 2003

Administered by Malaysian Timber Industry Board (MTIB), Forestry Department of Sabah, Sarawak Timber Industry Development Corporation (STIDC), Department of Agriculture Sabah, and Department of Agriculture Sarawak.

 

This measure was mutually agreed by Malaysia and Indonesia in order to prevent illegal logging, including through the letter from Indonesia's Forestry Department dated 1 November 2005 (S.1213/II-KLN/2005).

4._     

Non-automatic import and export authorization for dangerous drugs

NAL

NAL-X

CP

CP-X

Various

(Within Chapters 28, 29 and 30 e.g., 3004.99.9900) and 3822.00.0000

Dangerous Drugs as listed under First Schedule of the Dangerous Drugs Act 1952 [Act 234]

Article XX(a) and XX(b) of the GATT

 

Single Convention on Narcotic Drugs 1961

Dangerous Drugs Act 1952 [Act 234] and its Regulations

Administered by Ministry of Health (MOH).

 

The Dangerous Drugs Act 1952 [Act 234] is an Act to make further and better provision for the regulating of the importation, exportation, manufacture, sale, and use of opium and of certain other dangerous drugs and substances, to make special provision relating to the jurisdiction of courts in respect of offences thereunder and their trial, and for purposes connected therewith.

 

Details of the requirement can be accessed at:

https://www.pharmacy.gov.my/v2/ms/dokumen/panduan-permohonan-kebenaran-import-eksport-bahan-psikotropik-dadah-berbahaya.html

5._     

Non-automatic import and export authorization for psychotropic substances

NAL

NAL-X

CP

CP-X

Various

(Within Chapters 28, 29 and 30 e.g., 3004.90.9900) and 3822.00.0000

Psychotropic Substances as specified in the Third Schedule of the Poisons Act 1952 [Act 366]

Article XX(a) and XX(b) of the GATT

 

Convention on Psychotropic Substances 1971

Poisons Act 1952 [Act 366]

 

Poisons (Psychotropic Substances) Regulations 1989

Administered by Ministry of Health (MOH).

 

The Poisons Act 1952 [Act 366] is an Act to regulate the importation, possession, manufacture, compounding, storage, transport, sale and use of poisons.

 

Details of the requirement can be accessed at:

https://www.pharmacy.gov.my/v2/ms/dokumen/panduan-permohonan-kebenaran-import-eksport-bahan-psikotropik-dadah-berbahaya.html

6._     

Non-automatic licensing for the import of substances specified as poisons

NAL

Various

(All items under Chapters 28, 29 and 30 e.g., 3003.10.1090 and within chapters/headings

1211, 2106, 2208, 2309, 2528, 2617, 3301, 3302, 3304 - 3307, 3401, 3807, 3808.94, 3810, 3811, 3822, 3824, 4014, 8106, 8110, 2106.90.7100, 2208.90.1000)

Poisons as listed under First Schedule of the Poisons Act 1952 [Act 366]

Articles XX(a) and XX(b) of the GATT

Poisons Act 1952 [Act 366]

Administered by Ministry of Health (MOH).

 

Online application can be accessed via:

https://mypharma-c.pharmacy.gov.my/login.php?

 

Details of the requirement can be accessed at:

https://www.pharmacy.gov.my/v2/ms/dokumen/panduan-permohonan-lesen-jenis-b-e-permit-natrium-hidroksida-bahan-psikotropik.html

7._     

Non-automatic licensing for the import and export of precursor substances

NAL

NAL-X

Various

(within Chapter 28, 29 and 30 e.g., 2932.93.0000)

Precursor substances as listed under First Schedule of the Poisons Act 1952 [Act 366], Second Schedule of Customs (Prohibition of Imports) Order and Second Schedule of Customs (Prohibition of Exports) Order 2023 and Second Schedule of Customs (Prohibition of Exports) Order 2023

Article XX(b) of the GATT

 

The United Nations Convention against Illicit Traffic in Narcotics Drugs and Psychotropic Substances 1988

Poisons Act 1952 [Act 366]

 

Customs Act 1967 [Act 235]

 

Customs (Prohibition of Imports) Order 2023

 

Customs (Prohibition of Export) Order 2023

Administered by Ministry of Health (MOH).

 

The Customs Act 1967 [Act 235] is an Act relating to customs.

 

Details of the requirement can be accessed at:

https://www.pharmacy.gov.my/v2/ms/dokumen/garis-panduan-umum-permohonan-epermit-import-eksport-dikeluarkan-bpf-kkm.html

8._     

Non-automatic licensing for the import and export of Acetyl Bromide, Acetyl Chloride, Arsenic Trichloride

NAL

NAL-X

Various (within Chapter 28 and 29 e.g.,

2812.19.0000,

2915.90.9000,

2915.90.1000)

Poisons as listed under First Schedule of The Poisons Act 1952 [Act 366], Second Schedule of Customs (Prohibition of Imports) Order 2023 and Second Schedule of Customs (Prohibition of Exports) Order 2023

Article XX(b) of the GATT

Poisons Act 1952 [Act 366]

 

Customs Act 1967 [Act 235]

 

Customs (Prohibition of Imports) Order 2023

 

Customs (Prohibition of Export) Order 2023

Administered by Ministry of Health (MOH).

 

Details of the requirement can be accessed at:

https://www.pharmacy.gov.my/v2/ms/dokumen/garis-panduan-umum-permohonan-epermit-import-eksport-dikeluarkan-bpf-kkm.html

9._     

Non-automatic licensing for the import and export of:

·_    Mercury

·_     Amalgams (containing mercury)

·_    Inorganic or organic compounds of mercury, whether or not chemically defines, excluding amalgams (including mercury sulphate and mercury compounds of a kind used as luminophores)

·_    Organo mercury compound

·_    Dental alloys containing mercury

NAL

NAL-X

Various (within Chapter 28 e.g., 2805.40.0000) and 3006.40.1010

Poisons as listed under First Schedule of the Poisons Act 1952 [Act 366], Second Schedule of Customs (Prohibition of Imports) Order 2023 and Second Schedule of Customs (Prohibition of Exports) Order 2023

Article XX(b) of the GATT

 

Minamata Convention on Mercury (Malaysia is a signatory to this Convention)

Poisons Act 1952 [Act 366]

 

Customs Act 1967 [Act 235]

 

Customs (Prohibition of Imports) Order 2023

 

Customs (Prohibition of Exports) Order 2023

Administered by Ministry of Health (MOH).

 

Details of the requirement can be accessed at:

https://www.pharmacy.gov.my/v2/ms/dokumen/garis-panduan-umum-permohonan-epermit-import-eksport-dikeluarkan-bpf-kkm.html

10._   

Non-automatic licensing for the import of Medicine Making Machine

NAL

8479.89.3900

Medicine Making Machine (for use in permitted manufacturing activities below Control of Drugs and Cosmetics Regulations 1984) as listed under the Second Schedule of Customs (Prohibition of Imports) Order 2023

Article XX(b) of the GATT

 

The United Nations Convention against Illicit Traffic in Narcotics Drugs and Psychotropic Substances 1988

Customs Act 1967 [Act 235]

 

Customs (Prohibition of Imports) Order 2023

Administered by Ministry of Health (MOH).

 

Details of the requirement can be accessed at:

https://www.pharmacy.gov.my/v2/ms/dokumen/garis-panduan-umum-permohonan-epermit-import-eksport-dikeluarkan-bpf-kkm.html

11._   

Non-automatic licensing for the import of:

·_    Caffeine and its salts

·_    Clenbuterol

·_    Formoterol

·_    Salbutamol/
Salmeterol/
Terbutaline

NAL

Various (within Chapter 29 e.g., 2939.30.0000

2922.19.9000

2924.29.9000

2922.50.9000)

Poisons as listed under First Schedule of the Poisons Act 1952 [Act 366] and Second Schedule of Customs (Prohibition of Imports) Order 2023

Article XX(b) of the GATT

Poisons Act 1952 [Act 366]

 

Customs Act 1967 [Act 235]

 

Customs (Prohibition of Imports) Order 2023

Administered by Ministry of Health (MOH).

 

Details of the requirement can be accessed at:

https://www.pharmacy.gov.my/v2/ms/dokumen/garis-panduan-umum-permohonan-epermit-import-eksport-dikeluarkan-bpf-kkm.html

12._   

Non-automatic licensing for the import of:

·_    Nicotine and its salt

·_    Essential oils containing nicotine

NAL

2939.79.0000

33.01

 

Poisons as listed under First Schedule of the Poisons Act 1952 [Act 366] and Second Schedule of Customs (Prohibition of Imports) Order 2023

Article XX(b) of the GATT

Poisons Act 1952 [Act 366]

 

Customs Act 1967 [Act 235]

 

Customs (Prohibition of Imports) Order 2023

Administered by Ministry of Health (MOH).

 

Details of the requirement can be accessed at:

https://www.pharmacy.gov.my/v2/ms/dokumen/garis-panduan-umum-permohonan-epermit-import-eksport-dikeluarkan-bpf-kkm.html

13._   

Non-automatic licensing for the import of Phosphorus, Hypophosphoric acid & Hypophosphorous acid

NAL

Various (within Chapter 28 e.g., 2804.70.0000

2809.20.3100

2809.20.9100

2811.19.9000)

Poisons as listed under First Schedule of the Poisons Act 1952 [Act 366] and Second Schedule of Customs (Prohibition of Imports) Order 2023

 

Products: Phosphorus, Hypophosphoric acid & Hypophosphorous acid

Article XX(b) of the GATT

Poisons Act 1952 [Act 366]

 

Customs Act 1967 [Act 235]

 

Customs (Prohibition of Imports) Order 2023

Administered by Ministry of Health (MOH).

 

Details of the requirement can be accessed at:

https://www.pharmacy.gov.my/v2/ms/dokumen/garis-panduan-umum-permohonan-epermit-import-eksport-dikeluarkan-bpf-kkm.html

14._   

Non-automatic licensing for the import licensing of:

·_    Preparation of a kind used in animal feeding containing polymyxin including polymyxin B and polymyxin E (colistin)

·_    Organic compounds of polymyxin including polymyxin B and polymyxin E (colistin)

·_    Medicaments containing polymyxin including polymyxin B and polymyxin E (colistin)

NAL

23.09

2941.90.0000

3003.20.00

3004.20.91

3004.20.99

Poisons as listed under First Schedule of the Poisons Act 1952 [Act 366] and Second Schedule of Customs (Prohibition of Imports) Order 2023

Article XX(b) of the GATT

Poisons Act 1952 [Act 366]

 

Customs Act 1967 [Act 235]

 

Customs (Prohibition of Imports) Order 2023

Administered by Ministry of Health (MOH).

 

Details of the requirement can be accessed at:

https://www.pharmacy.gov.my/v2/ms/dokumen/garis-panduan-umum-permohonan-epermit-import-eksport-dikeluarkan-bpf-kkm.html

15._   

Prohibition on the import of preparations of a kind used in animal feeding containing Salbutamol, Clenbuterol, Salmeterol, Terbutaline or Formoterol

P

2309.90.9000

Poisons as listed under First Schedule of the Poisons Act 1952 [Act 366] and First Schedule of Customs (Prohibition of Imports) Order 2023

Article XX(b) of the GATT

Poisons Act 1952 [Act 366]

 

Customs Act 1967 [Act 235]

 

Customs (Prohibition of Imports) Order 2023

Administered by Ministry of Health (MOH).

 

Details of the requirement can be accessed at: https://www.pharmacy.gov.my/v2/ms/dokumen/garis-panduan-umum-permohonan-epermit-import-eksport-dikeluarkan-bpf-kkm.html

16._   

Non-automatic licensing on the import of medicinal products

NAL

3001

3002

3003

3004

3005

All medicinal products for human and animals (which includes traditional medicines, chemical and biologic drugs)

Article XX(b) of the GATT

Sale of Drugs Act 1952 [Act 368]

 

Control of Drugs and Cosmetics Regulations 1984

Administered by Ministry of Health (MOH).

 

The Sale of Drugs Act 1952 [Act 368] is an Act relating to the sale of drugs.

 

Details of the requirement can be accessed at:

https://www.npra.gov.my/index.php/en/component/sppagebuilder/925-drug-registration-guidance-document-drgd.html

 

Import licence requirements can be accessed here:

https://www.npra.gov.my/index.php/en/guidelines-for-compliance-licensing/1527216-guideline-on-application-of-manufacturer-s-import-and-wholesaler-s-licenses-for-registered-products.html

17._   

Non-automatic licensing on the import of cosmetics

NAL

3304

3305

3307.10.0000

3307.20.0000

Cosmetics include any substance or preparation intended to be placed in contact with the various external parts of the human body (including epidermis, hair, nails, lips and external genital organs) or with teeth and the mucous membranes of the oral cavity for the purpose of cleaning, perfuming, changing their appearance or correcting body odours, protecting them or keeping them in good condition.

Articles XX(a) and XX(b) of the GATT

Sale of Drugs Act 1952 [Act 368]

 

Control of Drugs and Cosmetics Regulations 1984

Administered by Ministry of Health (MOH).

 

Details of the cosmetic notification requirement can be accessed at:

https://www.npra.gov.my/index.php/en/cosmetic-main-page.html

18._   

Non-automatic licensing on the import of products for the purpose of clinical trials

NAL

3001

3002

3003

3004

3005

Products for the purpose of clinical trials

Articles XX(a) and XX(b) of the GATT

Sale of Drugs Act 1952 [Act 368]

 

Control of Drugs and Cosmetics Regulations 1984

Administered by Ministry of Health (MOH).

 

Details of the requirement on Malaysian Guideline for Application of Clinical Trial Import License and Clinical Trial Exemption can be accessed here:

https://www.npra.gov.my/easyarticles/images/users/1140/Malaysian-Guideline-for-Application-of-CTIL-and-CTX-7.1-Edition-16.09.2021.pdf

19._   

Non-automatic licensing for the import and export of medical devices

NAL

NAL-X

2520.20.1000,

2520.20.9000,

3002, 3003, 3004, 3005, 3006, 3307,

3407, 3808, 3821,

3822, 3926, 4014,

4015, 4823, 6115,

6211, 6212, 6307,

8419, 8414, 8418,

8421, 8525, 8713,

9001, 9004, 9005,

9006, 9010, 9011, 9012, 9013, 9018, 9019, 9021, 9022,

9025, 9402, 9405, 9207

Medical device as defined in Section 2 of the Medical Device Act 2012 [Act 737]

Article XX(b) of the GATT

Medical Device Act 2012 [Act 737]

 

Medical Device Regulation 2012

Administered by Ministry of Health (MOH).

 

Section 15 of the Medical Device Act 2012 [Act 737] requires all establishment to obtain establishment license in order to import, export or place any medical device in the market

 

Section 5 of the Medical Device Act 2012 [Act 737] requires all medical device to be registered before it can be imported, exported or placed in the market.

20._   

Non-automatic licensing for the import of medical device for the purpose of:

•_   Demonstration for marketing

•_   Education

•_   Clinical research of performance evaluation of medical device

•_   Custom-made medical device

·_    Special access medical device

NAL

2520.20.1000,

2520.20.9000,

3002, 3003, 3004,

3005, 3006, 3307,

3407, 3808, 3821,

3822, 3926, 4014,

4015, 4823, 6115,

6211, 6212, 6307,

8419, 8414, 8418,

8421, 8525, 8713,

9001, 9004, 9005,

9006, 9010, 9011, 9012, 9013, 9018, 9019, 9021, 9022,

9025, 9402, 9405, 9207

Medical device as defined in Section 2 of the Medical Device Act 2012 [Act 737]

 

Terms for 'clinical research', personal use', 'special access medical device' and 'custom-made medical device' as interpreted in the Medical Device (Exemption) Order 2016

Article XX(b) of the GATT

Medical Device Act 2012 [Act 737]

 

Medical Device (Exemption) Order 2016

Administered by Ministry of Health (MOH).

 

Medical Device (Exemption) Order 2016 states that Minister exempts medical device from Section 5 of the Medical Device Act 2012 [Act 737] if the medical device is:

·_   for the purpose of personal use;

·_   for the purpose of demonstration for marketing;

·_   for the purpose of education;

·_   for the purpose of clinical research of performance evaluation of medical device;

·_   a custom-made medical device; or

·_   a special access medical device.

 

However, a notification in writing to import these medical devices shall be submitted to the Authority.

21._   

Prohibition on the import of lightning arresters containing radioactive material

P

Various

Lightning arresters containing radioactive material

Article XX(b) of the GATT

Customs (Prohibition of Imports) Order 2023

 

The Eleventh Atomic Energy Licensing Board Meeting (No.1/89) on 23 June 1989 had decided to ban the use of lightning arresters containing radioactive material due to safety reasons.

Administered by Atomic Energy Licensing Board (AELB), Ministry of Science, Technology and Innovation (MOSTI).

 

This measure is listed under Part I of the First Schedule of Customs (Prohibition of Imports) Order 2023 which mentioned the list of goods which is absolutely prohibited from import.

22._   

Non-automatic licensing for the import and export of radioactive material and irradiating apparatus

NAL

NAL-X

CP-X

2844,

2845,

8531.10.1000,

8531.10.2000,

8531.10.3000,

9022

Radioactive material and irradiating apparatus

Article XX(b) of the GATT

Atomic Energy Licensing Act 1984 [Act 304]

 

Radiation Protection (Licensing) Regulations 1986

 

Customs (Prohibition of Import) Order 2023

 

Customs (Prohibition of Exports) Order 2023

Administered by Atomic Energy Licensing Board (AELB), Ministry of Science, Technology and Innovation (MOSTI)

 

The Atomic Energy Licensing Act 1984 [Act 304] is an Act to provide for the regulation and control of atomic energy, for the establishment of standards on liability for nuclear damage and for matters connected therewith or related thereto.

 

This measure is listed under Part I of the Third Schedule of Customs (Prohibition of Exports) Order 2023 which mentioned the list of goods prohibited for export except in the manner provided.

 

Import/export is to be accompanied by a letter of approval by or on behalf Director General of The Department of Atomic Energy Licensing Board.

23._   

Prohibition on the import and export of ozone depleting substances

P

P-X

Various including

2903.14,

2903.19,

2903.76,

2903.77

Chemicals including chlorofluorocarbons (CFCs); halons; carbon tetrachloride; and methyl chloroform

Article XX(b) of the GATT

 

Montreal Protocol on Substances that Deplete the Ozone Layer 1987

Customs (Prohibition of Imports) Order 2023

 

Customs (Prohibition of Exports) Order 2023

 

Customs Duties Order 2022

 

Environmental Quality (Prohibition on the Use of Chlorofluorocarbons and Other Gases as Propellants and Blowing Agents) Order 1993

 

Environmental Quality (Halon Management) Regulations 1999

 

Environmental Quality (Refrigerant Management) Regulations 2020

 

Environmental Quality (Refrigerant Management) (Amendment) Regulations 2021

Administered by Department of Environment (DOE), Ministry of Natural Resources and Environmental Sustainability (NRES).

 

All imports and exports of the substances are prohibited.

 

https://lom.agc.gov.my/act-view.php?type=pua&no=P.U.%20(A)%20117/2023

 

https://lom.agc.gov.my/act-view.php?type=pua&no=P.U.%20(A)%20122/2023

 

http://www.customs.gov.my/en/pg/Customs%20Order/P.U.%20(A)%20114%20-%20Peintah%20Duti%20Kastam%202022.pdf

https://lom.agc.gov.my/act-view.php?type=pua&lang=BI&no=P.U.%20(A)%20395/2021

24._   

Non-automatic licensing for the import and export of Ozone Depleting Substances

NAL

NAL-X

GQC

Various including

2903.71

2903.72

2903.73

2903.74

2903.75

2903.79

Chemicals including hydrochlorofluorocarbons (HCFCs)

Article XX(b) of the GATT

 

Montreal Protocol on Substances that Deplete the Ozone Layer 1987

Customs (Prohibition of Imports) Order 2023

 

Customs (Prohibition of Exports) Order 2023

 

Customs Duties Order 2022

Administered by Department of Environment (DOE), Ministry of Natural Resources and Environmental Sustainability (NRES).

 

All imports and exports are required to have Approval Permit from Department of Environment, Ministry of Natural Resources, Environment and Climate Change. Quotas of imports are allocated to each importer.

https://newepermit.dagangnet.com.my/epermit/login/login_notice.html?rndm=3325078126

25._   

Non-automatic licensing for the import and export of used electrical and electronic equipment

NAL

 

 

 

 

 

NAL - X

Various within Third Schedule, Part I (item 68), in Malaysia's Custom (Prohibition of Import) Order 2023

 

Various within Third Schedule Part I (item 37-43) of Malaysia's Custom (Prohibition of Export) Order 2023

Used electrical and electronic equipment as listed under Third Schedule, Part I (item 68)

 

 

Used electrical and electronic equipment as listed under Third Schedule Part I (item 37-43), Custom (Prohibition of Export) Order 2023

Article XX(b) of the GATT

 

Basel Convention for the Control of Transboundary Movements of Hazardous Waste and their Disposal

Guidelines on the Transboundary Movement of Used Electrical and Electronic Equipment (UEEE) in Malaysia

Administered by Department of Environment (DOE), Ministry of Natural Resources and Environmental Sustainability (NRES).

 

The Guidelines on the Transboundary Movement of Used Electrical and Electronic Equipment (UEEE) in Malaysia elaborate the criteria of UEEE in importation and exportation activities in the country. https://www.doe.gov.my/garis-panduan-buangan-terjadual/

26._   

Non-automatic licensing for the import of toxic and/or hazardous wastes

NAL

Various within Third Schedule Part I (item 54) of Malaysia's Custom (Prohibition of Import) Order 2023

Toxic and/or hazardous wastes

Article XX(b) of the GATT

 

Basel Convention for the Control of Transboundary Movements of Hazardous Waste and their Disposal

Environmental Quality Act 1974 [Act 127]

Administered by Department of Environment (DOE), Ministry of Natural Resources, Environment and Climate Change (NRECC).

 

The Environmental Quality Act 1974 [Act 127] is an Act relating to the prevention, abatement, control of pollution and enhancement of the environment, and for purposes connected therewith.

27._   

Prohibition on the import of bullet-proof suits (vests, helmets, etc) or explosive suits, except under defined conditions

CP

6204.19

6204.39

6506.10.9000

Bullet-proof suits (vests, helmets, etc.) or explosive suits including other articles of clothing intended as protection against attack or explosives

Articles XX(b) and XXI of the GATT

Emergency (Prohibition of Uniforms and Dresses) Regulation (Amendment) 1978

 

Customs (Prohibition of Imports) Order 2023

Administered by Royal Malaysia Police (RMP).

https://lom.agc.gov.my/act-view.php?type=pua&no=P.U.%20(A)%20117/2023

 

Import is to be accompanied by an import permit from the Chief Police Officer.

https://www.rmp.gov.my/orang-awam/pelesenan/pelesenan-am/panduan-permohonan

28._   

Prohibition on the import of any piece of equipment, apparatus, appliance or any other device capable of producing the sound of a siren, except under defined conditions

CP

8531.10,

8531.80.1000

Any piece of equipment, apparatus, appliance or any other device capable of producing the sound of a siren or any other sound resembling that of a siren irrespective of its mode of operation (use by police or ambulance or fire brigade)

Articles XX(b) and XXI of the GATT

Customs Act 1967 [Act 235]

 

Customs (Prohibition of Imports) Order 2023

Administered by Royal Malaysia Police (RMP).

https://lom.agc.gov.my/act-view.php?type=pua&no=P.U.%20(A)%20117/2023

 

Import is to be accompanied by an approval letter from the Chief Police Officer.

https://www.rmp.gov.my/orang-awam/pelesenan/pelesenan-am/panduan-permohonan

29._   

Prohibition on the import of pepper spray or security spray, except under defined conditions

CP

9304.00.9000

Pepper spray or security spray (spraying device in the form of aerosol consisting of an irritating agent spraying device)

Articles XX(b) and XXI of the GATT

Customs Act 1967 [Act 235]

 

Corrosive and Explosive Substances and Offensive Weapons Act 1958 [Act 357]

 

Customs (Prohibition of Imports) Order 2023

Administered by Royal Malaysia Police (RMP).

https://lom.agc.gov.my/act-view.php?type=pua&no=P.U.%20(A)%20117/2023

 

Import is to be accompanied by an approval letter from the Chief Police Officer.

https://www.rmp.gov.my/orang-awam/pelesenan/pelesenan-am/panduan-permohonan

30._   

Prohibition on the import of expandable batons, except under defined conditions

CP

9304.00.9000

Expandable batons and the like

Articles XX(b) and XXI of the GATT

Arms Act 1960 [Act 206]

 

Corrosive and Explosive Substances and Offensive Weapons Act 1958 [Act 357]

 

Customs (Prohibition of Imports) Order 2023

Administered by Royal Malaysia Police (RMP).

 

The Arms Act 1960 [Act 206] is an Act relating to arms, imitation arms and ammunition.

 

Import is to be accompanied by an approval letter from the Chief Police Officer.

31._   

Prohibition on the import and export of arms and ammunition, except under defined conditions

CP

CP-X

93.01,

9302.00.0000,

93.03,

9304.00,

93.05,

9306.29.0000,

9306.30,

9306.90.0000

Arms and ammunition as defined under the Arms Act 1960 including:

 

i)_    Paintball marker or/and paintball pellets for sporting

ii)_   Taser guns

Articles XX(a), XX(b) and XXI of the GATT

Arms Act 1960 [Act 206]

 

Customs (Prohibition of Exports) Order 2023

 

Customs (Prohibition of Imports) Order 2023

Administered by Royal Malaysia Police (RMP).

 

Paint Ball and Taser Gun are defined under Section 2 of the Arms Act 1960 [Act 206] which has come into force under Section 15(1) stated that no person can import arms or ammunition or any part of arms into Malaysia, whether by sea, land or air, unless he holds an import license on its behalf.

32._   

Prohibition on the import of fireworks, except under defined conditions

CP

3604.10.0000

3604.90.9000

Fireworks including firecrackers

Article XX(b) and XXI of the GATT

Explosives Act 1957 [Act 207]

 

Explosive Rules 1923

 

Customs (Prohibition of Imports) Order 2023

Administered by Royal Malaysia Police (RMP).

 

The Explosives Act 1957 [Act 207] is an Act relating to the manufacture, use, sale, storage, transport, import and export of explosives.

 

Import is to be accompanied by an import licence from the Chief Police Officer.

https://www.rmp.gov.my/orang-awam/pelesenan/pelesenan-am/panduan-permohonan

33._   

Prohibition on the import of shotgun cartridges, except under defined conditions

CP

9306.21.0000

Shotgun cartridges

Articles XX(a), XX(b) and XXI of the GATT

Arms Act 1960 [Act 206]

 

Customs (Prohibition of Imports) Order 2023

Administered by Royal Malaysia Police (RMP).

 

Section 15(1) of the Arms Act 1960 [Act 206] states that no person can import arms or ammunition or any part of arms into Malaysia, whether by sea, land or air, unless he holds an import license on its behalf.

34._   

Prohibition on the import of imitation arms, except under defined conditions

CP

3926.40.0000

4420.10.0000

7326.90.9990

7419.99.9100

7616.99.9000

9503.00.4000

9503.00.9400

9503.00.9900

Imitation arms including toy guns and toy pistols

Articles XX(b) and XXI of the GATT

Arms Act 1960 [Act 206]

 

Customs (Prohibition of Imports) Order 2023

Administered by Royal Malaysia Police (RMP).

 

Section 36(1) of the Arms Act 1960 [Act 206] states that any person who shall import or have in his possession or custody an imitation arm shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding five thousand ringgit or to both: Provided that it shall not constitute an offence under this section:

(b) for any person to import or be in possession of an imitation arm under and in accordance with a licence, in such form as may be prescribed, issued by the Chief Police Officer of the State in which the person resides or, in the case of a person importing the arms in the ordinary course of business, in which he carries on business.

35._   

Prohibition on the import of imitation hand grenades, except under defined conditions

CP

3926.40.0000

4420.10.0000

7326.90.9990

7419.99.9100

7616.99.9000

9503.00.4000

9503.00.9400

9503.00.9900

Imitation hand grenades, including toy grenades

Articles XX(b) and XXI of the GATT

Arms Act 1960 [Act 206]

 

Customs (Prohibition of Imports) Order 2023

Administered by Royal Malaysia Police (RMP).

 

https://lom.agc.gov.my/act-view.php?type=pua&no=P.U.%20(A)%20117/2023

 

Import is to be accompanied by a licence issued by or on behalf of the Chief Police Officer. https://www.rmp.gov.my/orang-awam/pelesenan/pelesenan-am/panduan-permohonan

36._   

Prohibition on the import of explosives, except under defined conditions

CP

 

Explosives including:

Articles XX(a), XX(b) and XXI of the GATT

Explosives Act 1957 [Act 207]

 

Customs (Prohibition of Imports) Order 2023

Administered by Royal Malaysia Police (RMP).

 

https://lom.agc.gov.my/act-view.php?type=pua&no=P.U.%20(A)%20117/2023

 

Import is to be accompanied by an import licence from the Chief Police Officer.

https://www.rmp.gov.my/orang-awam/pelesenan/pelesenan-am/panduan-permohonan

3601.00.00 00

1)_    Propellent powders

3602.00.00 00

2)_    Prepared explosives, other than propellent powders

36.03

3)_    safety fuses, detonating fuses; percussion or detonating caps; igniters; electric detonators (including C218)

3604.90

4)_    pyrotechnic articles including signalling flares, rain rockets and fog signals

3912.20,

3915.90.0030,

3916.90.7000,

3917.29.1100,

3917.29.1200,

3917.29.1900,

3917.29.2400,

3917.31.1900,

3917.31.2500,

3917.32.9100,

3917.32.9200,

3917.32.9500,

3918.90.1500,

3919.10.9200,

3919.90.9200,

3920.79.1000,

3921.19.2034

5)_    Nitrocellulose in primary form and its articles, including waste

2920.21.0000,

2920.22.0000,

2920.29.0000,

2920.30.0000,

2920.90.0000

6)_    Nitroglycerin

2852.10.1000,

2852.10.2000,

2852.10.9000,

2852.90.1000,

2852.90.9000,

2852.90.9000

7)_    Mercury fulminate

2850.00.0000

8)_    Lead azide

2908.99.0000

9)_    Lead styphnate (lead 2,4,6-trinitroresorcinate)

2908.99.0000

10)_  Picric acid (trinitrophenol)

2904.20.1000

2904.20.9000

11)_  2,4,6-trinitrotoluene (TNT)

2920.90.0000

Pentaerythritol tetranitrate (PETN)

2925.29.0000

12)_  Nitroguanidine

2933.69.0000

13)_  Cyclotrimethylenetrinitramine (hexogen)

37._   

Prohibition on the import of offensive weapons, except under defined conditions

CP

93.07

Swords, cutlasses, bayonets, lances, keris, daggers, flick knife, axes, spears or spearheads and cross bows

Articles XX(a), XX (b) and XXI of the GATT

Corrosive and Explosive Substances and Offensive Weapons Act 1958 [Act 357]

 

Customs (Prohibition of Imports) Order 2023

Administered by Ministry of Home Affairs (MOHA).

 

The Corrosive and Explosive Substances and Offensive Weapons Act 1958 [Act 357] is an Act to provide certain penalties relating to the unlawful possession of corrosive and explosive substances and the carrying of offensive weapons.

38._   

Non-automatic licensing for the import and export of all endangered animals and plants listed under CITES

NAL

NAL-X

Various within Malaysia's Customs (Prohibition of Imports) Order 2023

 

Various within Malaysia's Customs (Prohibition of Exports) Order 2023

 

 

Animal means any member of the animal kingdom, and includes-

a) any mammal (other than man), bird, reptile, amphibian, fish, mollusc, arthropod, or other vertebrate or invertebrate, whether alive or dead, and the egg, young or immature form thereof; and

b) any readily recognizable part or derivative of an animal.

 

Plant means any member of the plant kingdom, whether live or dead, and any readily recognizable part or derivative of a plant.

Articles XX(b) and XX(g) of the GATT

 

Convention on International Trade in Endangered Species of Wild Fauna and Flora

(CITES)

International Trade In Endangered Species Act 2008 [Act 686]

 

Customs (Prohibition of Imports) Order 2023

 

Customs (Prohibition of Exports) Order 2023

Administered by Ministry of Natural Resources and Environmental Sustainability (NRES).

 

The International Trade in Endangered Species Act 2008 [Act 686] is an Act to implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and to provide for other matters connected therewith.

https://cites.org/eng/resources/quotas/export_quotas?field_party_quotas_tid=malaysia&field_full_name_tid=&field_export_quotas_year_value%5Bvalue%5D%5Byear%5D=2018&items_per_page=50

39._   

National annual quota for the export of certain CITES-listed animals and plants

GQC-S

Various within Malaysia's Customs (Prohibition of Imports) Order 2023

 

Various within Malaysia's Customs (Prohibition of Exports) Order 2023

 

 

Animal means any member of the animal kingdom, and includes:

a) any mammal (other than man), bird, reptile, amphibian, fish, mollusc, arthropod, or other vertebrate or invertebrate, whether alive or dead, and the egg, young or immature form thereof; and

b) any readily recognizable part or derivative of an animal.

 

Plant means any member of the plant kingdom, whether live or dead, and any readily recognizable part or derivative of a plant.

Articles XX(b) and XX(g) of the GATT

 

Convention on International Trade in Endangered Species of Wild Fauna and Flora

(CITES)

International Trade in Endangered Species Act 2008 [Act 686]

 

Customs (Prohibition of Imports) Order 2023

 

Customs (Prohibition of Exports) Order 2023

Administered by Ministry of Natural Resources and Environmental Sustainability (NRES).

 

The International Trade in Endangered Species Act 2008 [Act 686] is an Act to implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and to provide for other matters connected therewith.

https://cites.org/eng/resources/quotas/export_quotas?field_party_quotas_tid=malaysia&field_full_name_tid=&field_export_quotas_year_value%5Bvalue%5D%5Byear%5D=2018&items_per_page=50

40._   

Non-automatic licensing for the import and export of rough diamonds

NAL

NAL-X

7102.10

7102.21

7102.31

Diamonds, whether or not worked, but not mounted or set. Unsorted

 

Diamonds, whether or not worked, but not mounted or set– Industrial; Unworked or simply sawn, cleaved or bruted

 

Diamonds, whether or not worked, but not mounted or set. – Non-industrial; Unworked or simply sawn, cleaved or bruted

Kimberley Process Certification Scheme (KPCS) was adopted in December 2000 under United Nations General Assembly Resolution 55/56 (UNGA)

 

An international certification for rough diamonds to exclude conflict diamonds from legitimate trade

 

G/C/W/753 Kimberley Process Certification Scheme for rough diamonds – Request for an extension of a WTO waiver

Customs (Prohibition of Exports) Order 2023

 

Customs (Prohibition of Imports) Order 2023

Administered by Ministry of Investment, Trade and Industry (MITI)

 

Application for Kimberley Process Certificate to be made prior to exportation or importation to accompany movements of rough diamonds.

41._   

Temporary export ban on face masks, due to the COVID-19 pandemic

CP-X

6307.90.40

6307.90.90

Face masks as listed below:

 

(1)_    face mask (surgical/medical) 1 ply (ear loop)

 

(2)_    face mask (surgical/medical) 2 ply (ear loop)

 

(3)_    face mask (surgical/medical) 3 ply (ear loop/head loop/ head tie-on)

 

(4)_    face mask (surgical/medical) N95

Article XI(2a) of the GATT

Customs (Prohibition of Exports) (Amendment) (No.2) Order 2020 [Government Gazette Jil. 64 - No. 6 (19 March 2020)]

 

Entry into force:

20 March 2020

Administered by Ministry of Finance (MOF) and Ministry of Domestic Trade and Cost of Living (KPDN).

 

Details of the requirement can be accessed at:

http://www.customs.gov.my/en/cp/Documents/P.U%20(A)%2092%20-%20Perintah%20Kastam%20(Larangan%20Mengenai%20Eksport)%20(Pindaan)%20(No.%202)%20-%202020.pdf

 

Export of such product(s) must be accompanied by a letter of approval issued by the Controller of Supplies, Ministry of Domestic Trade and Cost of Living (KPDN) under the Control of Supplies Act 1961.

42._   

Prohibition of Import on Unsorted Waste Paper

 

P

4707.90

Mixed waste and scrap of miscellaneous paper or paperboard (i.e., different quality or mixed waste paper composition and scheduled waste or mixed office waste of miscellaneous paper, does not contain ground wood pulp miscellaneous paper, mix corrugated and non-corrugated).

Article XX(d) of the GATT

 

Customs (Prohibition of Imports) Order 2023 [P.U. (A) 117/2023]

 

Environmental Quality Act 1974 [Act 127]

Administered by Ministry of Investment, Trade and Industry (MITI).

43._   

Non-automatic licensing for the import and export of Tert-Butyl 4-(phenylamino) piperidine-1-carboxylate

(1-boc-4-AP), Norfentanyl and N-Phenyl-4 piperidinamine

(4-AP)

NAL

NAL-X

2933.34, 2933.39

 

Article XX(b) of the GATT

 

The United Nations Convention against Illicit Traffic in Narcotics Drugs and Psychotropic Substances 1988

Poisons Act 1952

 

Customs (Prohibition of Imports) Order 2023 [P.U. (A) 117/2023]

 

Customs (Prohibition of Export) Order 2023 [P.U. (A) 122/2023]

Administered by Pharmaceutical Services Programme, Ministry of Health (MOH).

 


Section 2: Cross-reference to other WTO notifications with information on quantitative restrictions that are currently in force

 

This section shall be filled by Members in case a notification made pursuant to another notification requirement (e.g., set in the Agreement on Agriculture, Agreement on Balance of Payments, Agreement on Safeguards, and the Agreement on Import Licensing Procedures, etc.) contains information on a quantitative restriction in force and which is not listed in Section 1. 

 

1.     Agreement on Agriculture

 

A.    Was a notification made with information on a quantitative restriction? Yes     No 

B.    If yes, then list below the relevant document symbol and include any information element missing in the notification:

 

Document symbol of notification

General description

Type of restr.

Tariff line code(s) affected, based on HS(     )

Detailed Product Description

WTO Justification and Grounds for Restriction, e.g., Other International Commitments

National legal basis and entry into force

Administration; modification of prev. notified measures; and other comments

1

2

3

4

5

6

7

8

G/AG/N/     

 

 

 

 

 

 

 

 

2.     Agreement on Balance of Payments

 

A.    Was a notification made with information on a quantitative restriction? Yes     No 

B.    If yes, then list below the relevant document symbol and include any information element missing in the notification:

 

Document symbol of notification

General description

Type of restr.

Tariff line code(s) affected, based on HS(     )

Detailed Product Description

WTO Justification and Grounds for Restriction, e.g., Other International Commitments

National legal basis and entry into force

Administration; modification of prev. notified measures; and other comments

1

2

3

4

5

6

7

8

WT/BOP/N/     

 

 

 

 

 

 

 

 


 

3.     Agreement on Safeguards

 

A.    Was a notification made with information on a quantitative restriction? Yes     No 

B.    If yes, then list below the relevant document symbol and include any information element missing in the notification:

 

Document symbol of notification

General description

Type of restr.

Tariff line code(s) affected, based on HS(     )

Detailed Product Description

WTO Justification and Grounds for Restriction, e.g., Other International Commitments

National legal basis and entry into force

Administration; modification of prev. notified measures; and other comments

1

2

3

4

5

6

7

8

G/SG/N/     

 

 

 

 

 

 

 

 

4.     Agreement on Import Licensing Procedures (non-automatic licences)

 

A.    Was a notification made with information on a quantitative restriction? Yes     No 

B.    If yes, then list below the relevant document symbol and include any information element missing in the notification:

 

Document symbol of notification

General description

Type of restr.

Tariff line code(s) affected, based on HS(2022)

Detailed Product Description

WTO Justification and Grounds for Restriction, e.g., Other International Commitments

National legal basis and entry into force

Administration; modification of prev. notified measures; and other comments

1

2

3

4

5

6

7

8

G/LIC/N/3/MYS/15

Control of Import of Scheduled Wastes (Toxic and Hazardous Wastes)

NAL

Various scheduled wastes as defined in the Environmental Quality (Scheduled Wastes) Regulations 2005 and the Customs (Prohibition of Imports) Order 2017

 

Toxic and/or hazardous wastes

Article XX(b) of the GATT

 

Basel Convention for the Control of Transboundary Movements of Hazardous Waste and their Disposal

Environmental Quality Act 1974 [Act 127]

 

Customs (Prohibition of Imports) Order 2017

Administered by Department of Environment (DOE), Ministry of Natural Resources and Environmental Sustainability (NRES).

G/LIC/N/3/MYS/15

Non-automatic licensing for the import of kain sarong batik (by traditional batik process)

NAL

Certain codes under heading 6211

 

Kain sarong batik (by traditional batik process)

Article XX(f) of the GATT

 

 

Customs (Prohibition of Imports) Order 2017

Administered by Ministry of Investment, Trade and Industry (MITI).

 

G/LIC/N/3/MYS/15

Non-automatic licensing for the import of Used Brakes and Servo Brakes

NAL

Certain codes under headings 87.01, 87.02, 87.03, 87.04, 87.05, 87.09, and 87.11;

Used brakes and servo-brakes including used brake pad, and brake lining, for motor vehicles

Article XX(b) of the GATT

Customs (Prohibition of Imports) Order 2017

Administered by Ministry of Investment, Trade and Industry (MITI).

G/LIC/N/3/MYS/15

Non-automatic licensing for the import of all kinds of reusable batteries (accumulators) for motor vehicles

NAL

Certain codes under headings 87.01, 87.02, 87.03, 87.04, 87.05, 87.09, and 87.11

All kinds of reusable batteries (accumulators) for motor vehicles

Article XX(b) of the GATT

Customs (Prohibition of Imports) Order 2017

Administered by Ministry of Investment, Trade and Industry (MITI).

G/LIC/N/3/MYS/15

Non-automatic licensing for the import and export of toxic chemicals and their precursors covered under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction 1993 (CWC)

NAL

NAL-X

2812.11,

2812.14,

2812.17,

2853.10,

2903.19,

2905.19,

2918.19,

2920.21,

2920.24,

2921.19,

2922.15,

2930.90,

2931.90,

2933.39,

3002.90

Toxic chemicals and their precursors covered under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction 1993 (CWC)

Article XX(b) and XXI of the GATT

 

Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction 1993 (CWC)

Customs (Prohibition of Imports) Order 2017

Approval letter from Ministry of Foreign Affair Malaysia (KLN).

 

Administered by Ministry of Investment, Trade and Industry (MITI).


 

5.    Other notifications

 

A. Was a notification made with information on a quantitative restriction in other notifications? Yes     No 

B. If yes, then list below the relevant document symbol and include any information element missing in the notification:

 

Document symbol of notification

General description

Type of restr.

Tariff line code(s) affected, based on HS(     )

Detailed Product Description

WTO Justification and Grounds for Restriction, e.g., Other International Commitments

National legal basis and entry into force

Administration; modification of prev. notified measures; and other comments

1

2

3

4

5

6

7

8

     

 

 

 

 

 

 

 

 

__________



* In English only.