The Industrial Coordination Act 1975 provides for the processing of
licences for manufacturing and production concerns. Any person or
persons intending to engage in any manufacturing or production activity
is required to obtain a licence from the relevant Licensing Officer
before any such manufacturing activity can be undertaken.
The Licensing Officer in this case refers to the Secretary-General of
the International Trade and Industry Ministry. Under ICA regulations,
only manufacturing concerns with a shareholder fund base of RM2.5
million and above, or having 75 or more full-time employees, are allowed
to apply for a licence.
Under current Malaysian import trade policy, most imports can be
admitted under an open general licensing regime. However, specific
import licences are required for certain controlled items which are
intended for import into the country.
These items include explosives and firearms, motor vehicles, plants,
certain pharmaceuticals, tin ore, soil samples, and various foodstuffs.
A restrictive import licensing regime is also charged on heavy
construction equipment, electrical household appliances, and iron and
steel products. Applications for import licences should indicate the
identities of the purchaser and supplier and a general description of
the items and market value.
The customs tariff regime in Malaysia is based on the Harmonized
Commodity Description and Coding System of goods classification. Tariff
duties are from 2% to 60%, with an average tariff level of 15%. Higher
duties are imposed on so-called "luxury" items like liquor and
cigarettes and items that are deemed to be in direct competition with
locally produced goods.
All imported beef and poultry products must be from certified "halal"
sources. Items prohibited from being imported include corrosive
chemicals and any "indecent or obscene" materials, and all items from
the former Yugoslavia (Serbia-Montenegro) and Israel are prohibited.
Malaysian Licensing Prerequisites for Direct-Selling Companies
Direct-selling companies intending to operate in Malaysia must adhere to
certain regulations set by the Domestic Trade and Consumer Affairs
Ministry before a licence can be granted.
The company must have at least 70% local ownership and must be locally
incorporated, 80% of the products must constitute local content, and any
proposed price increases must be approved by the ministry.
Operating licences are granted for one-, two- and three-year terms, and
existing regulations stipulate that paid-up capital, quality assurance
standards and marketing plans must be submitted before any such licences
are granted.