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Trade Procedures
Malaysia's foreign trade is conducted within the
framework of a free enterprise system and trade
has remained a private sector enterprise with
government facilitating efforts where necessary.
Restrictions are mainly used to safeguard national
security, health and environment, maintain quality
standards and to comply with safety requirements.
Import Licensing
Import licences are required for items such as
arms and explosives, motor vehicles, colour copying
machines, sugar, rice and flour. The Customs (Prohibition
of Imports) Order 1988 lists goods whose entry
into Malaysia are subject to licensing.
Export Licensing
Most Malaysian products can be freely exported.
Only a limited number of products requires export
licences to ensure compliance with bilateral textiles
agreements or international agreements and conventions
on environments and conservation. Some products
are subject to export licences to monitor the
domestic supply situation of essential products.
The Customs (Prohibition of Exports) Order 1988
sets out export licensing requirements in three
schedules. The First Schedule lists goods that
are absolutely prohibited for export i.e. turtle
eggs and rattan from Peninsula Malaysia (with
some exceptions). The Second Schedule lists goods
that require an export licence. Among these are
live or dead domestic animals, all oil palm living
tissues, milk and milk products and cement clinker.
The Third Schedule lists goods that are prohibited
from export except in the manner specified in
the Order. The export of live birds or animals
for instance must be accompanied by a permit issued
by the Wildlife Department. An export permit for
arms and ammunition must be obtained from the
Police Department, and for toxic and hazardous
waste from the Director General of the Department
of Environment.
Export Duties
Export duties are generally not levied on Malaysian
products, except to comply with certain regulations
and to protect domestic supply.
Import Duties
As part of Malaysia's commitment to the WTO and
unilateral liberalisation measures, it has reduced
or abolished import duties on almost 5000 items.
To facilitate trade, raw materials used directly
for the manufacture of goods for export are exempted
from import duties, if such materials are not
produced locally or if the local materials are
not of acceptable quality and price. More than
60% of the tariff lines are subject to zero duty.
Sales Tax
Sales tax is applied to selected products for
both imported and domestically produced goods.
The rates leviable are as stated in the Sales
Tax (Rate of Tax) Order 1972 and the Sales Tax
(Rate of Tax) Order 1997.
Anti-Dumping Duties
Malaysia has put in place the Countervailing and
Anti-Dumping Act 1993 in accordance with the WTO
Conventions. The Trade Practices Unit under the
Ministry of International Trade and Industry (MITI),
administers the implementation of the Act.
Common Effective Preferential
Tariffs (CEPT-AFTA)
Under AFTA's CEPT scheme, ASEAN member countries
have agreed to progressively reduce import duties,
ranging from zero to 5%, on all products. The
six original members, namely Brunei, Malaysia,
Singapore, Thailand, Indonesia and the Philippines,
will fully implement CEPT by 2003. The other member
countries namely Vietnam, Laos, Myanmar and Cambodia,
will be fully implementing CEPT in 2008.
Malaysia already has more than 90% of the tariff
lines at the 0.5% level, and more than 60% of
products do not attract duties. The average tariff
for Malaysia is at 2.59%, and is expected to decline
to about 2.07% by 2003.
Detailed information about licensing and tariffs,
and the CEPT scheme is available from the Customs
Department, the
Ministry of International Trade and Industries
and the
ASEAN Secretariat.
Electronic Commerce
Trade Facilitation
Malaysia has established an electronic commerce
infrastructure to replace the manual system of
import and export trade documentation. The network
links the Royal Customs Department with all players
in the import and export community:
- port operators
- freight forwarders
- forwarding and shipping agents
- commercial banks
- free zone operators
- warehouse operators
- ports and airports
The system is also currently being used by 5
permit-issuing government agencies:
- Ministry of International Trade and Industry
- Malaysia Timber Industry Boards
- Veterinary Services Department
- National Forest and Wildlife Protection Department
- Standards and Industrial Research Institutes
of Malaysia.
Bilateral Trade Agreements
(BTA)
Malaysia has signed BTAs with more than 61 countries
as of March 2002, to facilitate, strengthen and
diversify trade. The agreements grant most favoured
nation treatment in terms of customs duties and
import and export formalities. They also provide
for the easy transit of commercial goods and facilitate
implementation of promotional programmes.
Bilateral Payment Arrangements
(BPA)
BPAs have helped strengthen South-South trade
co-operation with other central banks, and diversify
exports to non-traditional destinations. A BPA
is a settlement system that converts the commercial
risk relating to trade into a sovereign risk as
the central banks of any 2 countries guarantee
payments in domestic currencies to their domestic
exporters. BPAs with 31 countries to date have
resulted in a significant increase in trade with
non-traditional markets, from RM2.4 billion in
1987 to RM26.7 billion in 2000.
Double Tax Agreements
(DTA)
Malaysia has signed DTAs with 56 countries. These
provide for the avoidance of double taxation on
income such as business profits, dividends, interest
and royalties that are derived in one country
and remitted to another.
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