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Stockholm London Vancouver Paris Boston New York Chicago Amsterdam Cologne Frankfurt Vienna Zurich Milan Rome Istanbul Beijing San Jose Seoul Tokyo Osaka Los Angeles Shanghai Cairo New Delhi Karachi Taipei Hongkong Vientiane Yangon Manila Phnom Bangkok Penh H.C. Minh City MALAYSIA Kuala Lumpur Singapore B.S.Begawan Jakarta FACTS ON MALAYSIA Sydney Cape Town Buenos Aires Auckland PERLIS KEDAH TOTAL AREA 330,000 square kilometres (127,000 square miles) MAJOR RELIGIONS Islam, Buddhism, Christianity, Hinduism POLITICAL STRUCTURE A federation of 13 states TIME GMT + 8 hours US Eastern Standard Time + 13 hours SYSTEM OF GOVERNMENT Parliamentary democracy with a constitutional monarch FEDERAL CAPITAL Kuala Lumpur ADMINISTRATIVE CENTRE Putrajaya POPULATION 26 million MAJOR ETHNIC GROUPS Malays, Chinese, Indians, Kadazans, Ibans PENANG KELANTAN PERAK TERENGGANU M A L A Y S I A PAHANG SELANGOR Kuala Lumpur NEGERI SEMBILAN MALACCA CLIMATE Tropical - warm and sunny throughout the year. Daily temperatures range from 33oC (90oF) in the afternoon to 22oC (70oF) during the night. CURRENCY Ringgit Malaysia (RM) which is divided into 100 sen EXCHANGE RATE Pegged at US$1=RM3.80 on 2 September 1998 SARAWAK JOHORE THE LOCATION Malaysia lies just above the equator, right in the heart of South-East Asia. Peninsular Malaysia, with 11 states, is at the southernmost tip of the Asian Continent, while the states of Sabah and Sarawak are located on the northern and western coasts of the island of Borneo. • Location of MIDA’s offices MAJOR LANGUAGES Malay (official language), English, Mandarin, Tamil January 2005 For latest updates, please visit MIDA’s website www.mida.gov.my SABAH The Ministry of International Trade & Industry (MITI) spearheads the development of industrial activities to further enhance Malaysia’s economic growth. As an agency under MITI, the Malaysian Industrial Development Authority (MIDA) is in charge of the promotion and coordination of industrial development in the country. MIDA is the first point of contact for investors who intend to set up projects in the manufacturing and services sectors in Malaysia. With its headquarters in Malaysia’s capital city of Kuala Lumpur, MIDA has established a global network of 16 overseas offices covering North America, Europe and the Asia Pacific to assist investors interested in establishing manufacturing projects and services activities in Malaysia. Within Malaysia, MIDA has 10 branch offices in the various states to facilitate investors in the implementation and operation of their projects. If you wish to investigate investment opportunities in Malaysia, please contact MIDA for more information as well as assistance in your decision-making (please see the last page of contact details of MIDA’s headquarters and state and overseas offices.) Contents INTRODUCTION 1 SECTION 1 General Policies, Incentives and Guidelines for Key Services Supporting The Manufacturing Sector Methods of Conducting Business in Malaysia 7 Taxation 15 Immigration Procedures 23 Manpower for Industry 31 Banking, Finance and Exchange Administration 41 Intellectual Property Protection 55 Environmental Protection 61 SECTION 2 Specific Policies, Incentives and Guidelines for Key Services Supporting the Manufacturing Sector Business Support Services 67 Research and Development (R&D) 81 Logistics Services 97 Specialised Technical Support Services 109 Information and Communication Technology 135 Environmental Management Services 147 Distributive Trade 161 Industrial Training 185 SECTION 3 Quick Reference 193 USEFUL ADDRESSES 265 SECTION 1 General Policies, Incentives and Guidelines for Key Services Supporting The Manufacturing Sector This section provides information on the general policies, incentives and guidelines for setting up a business operation in Malaysia. 1. Methods of Conducting Business in Malaysia 2. Taxation 3. Immigration Procedures 4. Manpower for Industry 5. Banking, Finance and Exchange Administration 6. Intellectual Property Protection 7. Environmental Protection Chapter 1 Methods of Conducting Business in Malaysia 1. Methods of Conducting Business in Malaysia 2. Sole Proprietorship and Partnership 3. Locally Incorporated Company 3.1 3.2 3.3 3.4 3.5 Company Structure Company Limited by Shares Procedure for Incorporation Requirements of a Locally Incorporated Company Establishment of Foreign Branch Office 4. Equity Policy 5. Licences Issued by State Authorities 5.1 Business Premise and Signboard Licences Chapter 1 Methods of Conducting Business in Malaysia 1. Methods of Conducting Business in Malaysia In Malaysia, a business may be conducted:(i) By an individual operating as a sole proprietor (ii) By two (2) or more (but not more than 20) persons in a partnership (iii) By a locally incorporated company or by a foreign company (i.e. branch office) registered under the provisions of the Companies Act, 1965 2. Sole Proprietorship and Partnership All sole proprietorships and partnerships must be registered with the Companies Commission of Malaysia (CCM) under the Registration of Businesses Ordinance, 1956. In the case of partnerships, partners are both jointly and severally liable for the debts and obligations of the partnership, should its assets be insufficient. Formal partnership deeds may be drawn up to govern the rights and obligations of each partner, but this is not obligatory. In the event of the death of an individual partner, the partnership is dissolved unless the partnership agreement specifically provides otherwise. A partnership is not required to file its financial statements in any public registry or to publish them in any other way. 3. Locally Incorporated Company 3.1 Company Structure The Companies Act, 1965 governs all companies in Malaysia. The Act stipulates that a person must register a company with the CCM before it can engage in any business activity. It provides for three (3) types of companies:(i) A company limited by shares where the personal liability of its members is limited to the par value of their shares and the number of shares taken or agreed to be taken by them (ii) A company limited by guarantee where the members (shareholders) guarantee to meet liabilities of up to the amount nominated in the company’s Memorandum and Articles of Association in the event of the company being wound up (iii) An unlimited company where there is no limit to the members’ (shareholders’) liability 9 Methods of Conducting Business in Malaysia 3.2 Company Limited by Shares The most common company structure in Malaysia is a company limited by shares. Such limited companies may be either privately-held (Sendirian Berhad or Sdn. Bhd.), or public-listed (Berhad or Bhd.) companies. A company having a share capital may be incorporated as a private company if its Memorandum and Articles of Association:(i) Restricts the right to transfer its shares (ii) Limits the number of its owners to 50, excluding employees and some former employees (iii) Prohibits any invitation to the public to subscribe for its shares and debentures (iv) Prohibits any invitation to the public to deposit money with the company A public company may be formed or, alternatively, a private company may be converted into a public company subject to Section 26 of the Companies Act, 1965. Such a company can offer shares to the public provided:(i) It has registered a prospectus with the Securities Commission (ii) It has lodged a copy of the prospectus with the CCM on or before the date of its issue. A public company can apply to have its shares quoted on Bursa Malaysia Berhad subject to its compliance with the requirements laid down by the exchange. Any subsequent issue of securities (e.g. by way of rights or bonus, or arising from an acquisition, etc.) requires the approval of the Securities Commission. 3.3 Procedure for Incorporation To incorporate a company, a person must apply to CCM using Form 13A together with a payment of RM30 in order to determine if the proposed name of the intended company is available. A person must then lodge the following documents with CCM within three (3) months to secure the use of the proposed name:(i) Memorandum and Articles of Association (M&A) (ii) Declaration of Compliance (Form 6) (iii) Statutory declaration by a person before appointment as a director, or by a promoter before the incorporation of a company (Form 48A) The M&A documents the company’s name, its objectives, the amount of its authorised capital (if any) proposed for registration and its division into shares of a fixed amount. The Articles of Association describes the regulations governing the internal management of the affairs of the company and the conduct of its business. Capital duty for the authorised capital must also be paid to the CCM. Methods of Conducting Business in Malaysia 10 Once the Certificate of Incorporation is issued, the subscribers to the Memorandum, together with such other persons who may from time to time become members of the company, shall be a body corporate, capable of exercising the functions of an incorporated company and of suing and being sued. It has a perpetual succession under common seal with the power to hold land, but with such liability on the part of the members to contribute to its assets in the event of it being wound up, as provided for in the Companies Act, 1965. 3.4 Requirements of a Locally Incorporated Company A company must maintain a registered office in Malaysia where all books and documents required under the provisions of the Act are kept. The name of the company shall appear in legible Romanised letters, together with the company number, on its seal and documents. A company cannot deal with its own shares or hold shares in its holding company. Each equity share of a public company carries only one vote at a poll at any general meeting of the company. A private company may, however, provide for varying voting rights for its shareholders. The secretary of the company must be a natural person of full age who has his principal or only place of residence in Malaysia. He must be a member of a prescribed body or is licensed by CCM. The company must also appoint an approved auditor to be the company auditor in Malaysia. In addition, the company shall appoint at least two (2) directors who each has his principal or only place of residence within Malaysia. Directors of public companies or subsidiaries of public companies normally must not exceed 70 years of age. A company director may also be a shareholder. 3.5 Establishment of Foreign Branch Office Foreign companies incorporated outside Malaysia that intend to establish a branch office in the country must register with CCM. The same registration procedures pertaining to the registration of a locally incorporated company apply, whereby an application must be submitted in Form 13A to the CCM headquarters in Kuala Lumpur or any of its branch offices in Malaysia, with a payment of RM30. If the intended name of the foreign company is available, the application will be approved and the name reserved for three (3) months. Upon approval, applicants must lodge the following documents with the CCM:- 11 - A certified copy of its Certificate of Incorporation (or a document of similar effect) from the country of origin - A certified copy of its Charter, Statute, or M&A, or any other instrument that constitutes or defines its constitution - A list of its directors and certain statutory particulars regarding them (Form 79) - Where there are local directors, a memorandum stating the powers of those directors - A Memorandum of Appointment or Power of Attorney, authorising one or more persons resident in Malaysia to accept on behalf of the company the service of process and any notices that may be served to the company - A statutory declaration in the prescribed form made by the agent of the company (Form 80) Methods of Conducting Business in Malaysia The appointed agent will agree to undertake all acts that are required to be carried out by the company under the Companies Act, 1965. Any change of agents must be reported to the CCM. Registration fees are payable in accordance with a graduated scale set by the CCM based on the authorised capital of the parent company. The process of registering a branch office takes one (1) month and upon registration, the CCM will issue the registration certificate of a foreign company (Form 83). Every foreign company shall, within a month of establishing a place of business or commencing business within Malaysia, lodge with the CCM the registration notice of the location of its registered office in Malaysia, by using the prescribed form. A foreign incorporated company must file a copy of its annual return each year within one (1) month of its annual general meeting. The company must also file a copy of the balance sheet of its headquarters, a duly audited statement of assets used, and liabilities arising out of, its operations in Malaysia, as well as a duly audited profit and loss account within two (2) months of its annual general meeting. 4. Equity Policy The Companies Act, 1965 does not stipulate any equity conditions on Malaysian incorporated companies. However, to increase local participation in business, the government encourages joint-ventures between Malaysian and foreign investors. Foreign Investment Committee Equity Guidelines The Malaysian Government has liberalised its policy on foreign equity participation in businesses in Malaysia as one of its strategies to continuously attract new investments into the country. In 2004, the Foreign Investment Committee (FIC) had liberalised its policy on foreign equity participation to allow foreigners to hold up to 70% of the equity in a Malaysian company. Of the remaining balance, 30% has to be allocated to Bumiputeras (Malaysians of indigenous origins). Nevertheless, to promote selected strategic services sectors, up to 100% foreign equity participation is allowed in the case of companies that are granted incentives under the Promotion of Investments Act, 1986. These include International Procurement Centres (IPC)/Regional Distribution Centres (RDC), Operational Headquarters (OHQ), Market Support Services, Central Utility Facilities and other specialised services, except for Integrated Logistics Services (ILS) where foreign equity participation of up to 40% is permitted. However, some types of business operations in Malaysia are required to comply with specific equity conditions when applying for operating licences, permits and approvals. Such business operations include those in the logistics, distributive trade and industrial training sectors. The details of these policies are provided in the respective chapters. Methods of Conducting Business in Malaysia 12 5. Licences Issued by State Authorities 5.1 Business Premise and Signboard Licence Companies intending to set up an office may require a business premise licence and a signboard licence from the respective local authorities, depending on the nature of the business activity. There are 147 local authorities in Malaysia. The requirements to obtain a business premise licence and a signboard licence may vary according to each local authority. Applicants are advised to contact the local authority concerned where the company will be located on the requirements. An application for a business premise licence and a signboard licence must be accompanied by the following documents:(i) A photocopy of the applicant’s identity card (ii) A passport-sized photograph of the applicant (iii) A copy of the company’s M&A and Forms 9, 24 and 49 (iv) A copy of either the rental agreement or the sales and purchase agreement of the company’s business premise (v) A copy of the Certificate of Fitness of the company’s business premise (vi) A copy of the Fire Department’s support letter (vii) A copy of the location plan of the company’s business premise (viii) Photographs of the business premise (ix) Photographs showing the location of the company’s signboard (x) 13 Samples of the signboard indicating its design and colours Methods of Conducting Business in Malaysia Methods of Conducting Business in Malaysia 14 Chapter 2 Taxation 1. Taxation in Malaysia 2. Sources of Income Liable to Tax 3. Company Tax 4. Personal Income Tax 4.1 Resident Individual 4.2 Non-Resident Individual 5. Withholding Tax 6. Real Property Gains Tax 7. Sales Tax 8. Service Tax 9. Import Duty 10. Agreements for the Avoidance of Double Taxation Chapter 2 Taxation 1. Taxation in Malaysia All income of companies and individuals accrued in, derived from or remitted to Malaysia, are liable to tax. However, income derived from outside Malaysia and remitted to Malaysia by resident companies (except those involved in the banking, insurance, air and sea transportation businesses), non-resident companies and nonresident individuals are exempted from tax. Effective from the year of assessment 2004, income remitted to Malaysia by a resident individual is also exempted from tax. To modernise and streamline the tax administration system, the assessment of income tax was changed to a current year basis of assessment from the year 2000. In 2001, the Self-Assessment System replaced the Official Assessment System for companies and in 2004, it was implemented for businesses, partnerships, cooperatives and salaried groups. Apart from income tax, there are other direct taxes such as stamp duty and real property gains tax, and indirect taxes such as sales tax, service tax, excise duty, import duty and export duty. 2. Sources of Income Liable to Tax The following sources of income are liable to tax:(i) Gains and profits from a trade, profession and business (ii) Gains or profits from an employment (salaries, remuneration, etc.) (iii) Dividends, interests or discounts (iv) Rents, royalties or premiums (v) Pensions, annuities or other periodic payments (vi) Other gains or profits of an income nature Chargeable income is arrived at after adjusting for allowable expenses incurred in the production of the income, capital allowances and incentives where applicable. Section 34 of the Income Tax Act, 1967 allows specific provisions for bad or doubtful debts. However, no deduction for book depreciation is allowed although capital allowances are granted. Unabsorbed business losses may be carried forward indefinitely to offset against business income, except for companies with Pioneer Status (other than contract R&D companies). 17 Taxation 3. Company Tax A company, whether resident or not, is assessable on income accrued in or derived from Malaysia. Income derived from sources outside Malaysia and remitted by a resident company is exempted from tax, except in the case of the banking and insurance business, and sea and air transportation undertakings. A company is considered a resident in Malaysia if the control and management of its affairs are exercised in Malaysia. A tax rate of 28% applies to both resident and non-resident companies. A company carrying on petroleum upstream operations is subject to a Petroleum Income Tax of 38%. 4. Personal Income Tax All individuals are liable to tax on income accrued in, derived from or remitted to Malaysia. However, a non-resident individual will be taxed only on income earned in Malaysia. The rate of tax depends on the individual’s resident status, which is determined by the duration of his stay in the country as stipulated under Section 7 of the Income Tax Act, 1967. Generally, an individual residing in Malaysia for more than 182 days in a year has resident status. Effective from the year of assessment 2004, income remitted to Malaysia by a resident individual is also exempted from tax. 4.1 Resident Individual A resident individual is taxed on his chargeable income at a graduated rate from 0% to 28% after deducting tax reliefs. (i) Personal Reliefs The chargeable income of an individual resident is arrived at after making several deductions. These include the personal reliefs for self (a further RM5,000 for that individual if he is a disabled person), spouse and unmarried children below 18 years of age; parents’ medical expenses, medical expenses on serious diseases including medical examinations for individual, spouse or child; expenditure for the purchase of basic support equipment for the individual, spouse, child or parent who is disabled; and contributions to the Employees Provident Fund (EPF), life insurance premiums, and insurance premiums for education or medical benefits. An amount limited to a maximum of RM5,000 on fees expended by the individual for any course of study up to tertiary level for the purpose of acquiring scientific, technical, vocational, industrial, and information and communications technology (ICT) skills at institutions of higher learning in Malaysia recognised by the Government is also allowed as a deduction. (ii) Tax Rebates The tax liability of a resident individual is reduced by way of the following rebates:(i) An individual with a chargeable income not exceeding RM35,000 enjoys a rebate of RM350. Where the wife is not working or the wife’s income is jointly assessed, she also enjoys a further rebate of RM350. Similarly, a wife who is assessed separately will also enjoy a RM350 rebate, provided her chargeable income does not exceed RM35,000. Taxation 18 (ii) The amount paid in respect of any zakat, fitrah or other obligatory Islamic religious dues. (iii) RM400 towards the purchase of a personal computer once every five (5) years per family. (iv) Any fee paid to the Government for the issue of an employment pass, visit pass or work permit. 4.2 Non-Resident Individual A non-resident individual is liable to tax at the rate of 28% without any personal reliefs. However, he can claim rebates in respect of the levy paid to the Government for the issuance of an employment work permit. 5. Withholding Tax Non-resident individuals are subject to a final withholding tax of:(i) 10% on special classes of income such as the use of moveable property, technical advice, assistance or services, installation services on the supply of plant, machinery, etc., and personal services associated with the use of intangible property. Payments to non-residents for services rendered abroad will not be liable to the withholding tax. (ii) 10% on royalty (iii) 15% on interests (iv) 15% on the services of a public entertainer. An employee on a short-term visit to Malaysia enjoys tax exemption in respect of his income from an employment exercised in Malaysia when his presence does not exceed 60 days in a calendar year. However, the income of a non-resident individual who performs independent services such as consultancy services is not exempted from tax. 6. Real Property Gains Tax Capital gains are generally not subject to tax in Malaysia. Real property gains tax is charged on gains arising from the disposal of real property situated in Malaysia or of interest, options or other rights in or over such land as well as the disposal of shares in real property companies. Tax rates for Malaysian citizens and permanent residents are as follows:Disposal Disposal Disposal Disposal Disposal within 2 years in the 3rd year in the 4th year in the 5th year in the 6th year and thereafter - Company - Individual 30% 20% 15% 5% 5% nil Citizens and permanent residents also enjoy an exemption of RM5,000 or 10% of the gains whichever is the greater, besides a one-time tax exemption on the gains arising from the disposal of one (1) private residence. 19 Taxation For non-citizens and non-permanent resident individuals, gains from the disposal of real property within five (5) years are taxed at a flat rate of 30%, after which the tax rate will be 5%. 7. Sales Tax Sales tax is generally at 10%. However, selected service providers such as OHQs, RDCs, IPCs and R&D companies importing or purchasing materials/components, machinery and equipment can apply for exemption from the Ministry of Finance (MOF). Certain foodstuffs and building materials are taxed at 5%, cigarettes at 25% and liquor at 20%. Certain primary commodities, basic foodstuffs, basic building materials, certain agricultural implements and heavy machinery for use in the construction industry are exempted. Certain tourism and sports goods, books, newspapers and reading materials are also exempted. 8. Service Tax A service tax applies to certain prescribed goods and services in Malaysia including food, drinks and tobacco, provision of rooms for lodging and premises for meetings, conventions, and cultural and fashion shows, and provision of accommodation and food by private hospitals. The tax also applies to professional and consultancy services provided by lawyers, engineers, surveyors, architects, accountants, advertising agencies, consultancy firms, insurance companies, motor vehicle service and repair centres, telecommunication services companies, security and guard services agencies, recreational clubs, estate agents, parking space services operators, courier service firms and veterinary doctors. Professional services provided by a company to companies within the same group will be exempted from the current service tax of 5%. This applies to service provided by public accountants, advocates and solicitors, engineers, architects, surveyors (including valuers, assessors and real estate agents), consultants and management service providers. Courier services provided from a point within Malaysia to a destination outside Malaysia are also exempted from the service tax of 5%. The tax base has been widened to include other services such as those provided by car rental agencies licenced under the Commercial Vehicles Licensing Board Act, 1987 having an annual sales turnover of RM300,000 and above, employment agencies having an annual sales turnover of RM150,000 and above, and companies providing management services, including project management and coordination services, having an annual sales turnover of RM150,000 and above. Hotels having more than 25 rooms and restaurants within such hotels are subject to this tax. Restaurants operating outside hotels having an annual sales turnover of RM500,000 and above are also subject to service tax. Generally, the imposition of service tax is subject to a specific threshold based on an annual turnover ranging from RM150,000 to RM500,000. The application for a Service Tax Licence shall be made in Form JKED1 and submitted to the nearest Royal Customs Department where the business premise is located. Taxation 20 9. Import Duty In Malaysia, import duty is mostly imposed ad valorem although some specific duties are imposed on a number of items. Nevertheless, over the last few years, Malaysia has abolished import duties on a wide range of raw materials, components and machinery. Furthermore, Malaysia is committed to the ASEAN Common Effective Preferential Tariff (CEPT) Scheme whereby import duties imposed on most goods from ASEAN countries with a minimum 40% ASEAN content have been reduced to between 0% and 5%. 10. Agreements for the Avoidance of Double Taxation Agreements for the Avoidance of Double Taxation prevent incidences of double taxation on income such as business profits, dividends, interest and royalties that are derived in one country and remitted to another country. To date, Malaysia has signed such tax treaties with the following countries (by alphabetical order):Albania Argentina * Australia Austria Bahrain Bangladesh Belgium Canada Chile China Croatia Czech Republic Denmark Fiji Finland France Germany Hungary India# Indonesia Iran Ireland Italy Japan# Jordan Korea, South Kuwait Kyrgyz Lebanon Luxembourg Malta Mauritius Mongolia Morocco Myanmar Namibia Netherlands New Zealand Norway Pakistan Papua New Guinea Philippines Poland Romania Russia Saudi Arabia* Seychelles# Singapore# Sri Lanka# Sudan Sweden# Switzerland Thailand Turkey United Arab Emirates United Kingdom # United States of America* Uzbekistan Vietnam Zimbabwe In addition, an Agreement for the Avoidance of Double Taxation has been signed between the Malaysian Friendship and Trade Centre in Taipei (MFTC) and the Taipei Economic and Cultural Office in Kuala Lumpur (TECO). * Limited to shipping and air transport services # New agreement 21 Taxation Taxation 22 Chapter 3 Immigration Procedures 1. 2. Passport and Visa Requirements Entry into Malaysia 2.1 Passes Issued at Point of Entry 2.2 Passes Issued upon Arrival in Malaysia 3. Employment of Expatriate Personnel 4. Application for Expatriate Posts 5. Employment of Foreign Workers Chapter 3 Immigration Procedures 1. Passport and Visa Requirements All persons entering Malaysia must possess valid national passports or other internationally recognised travel documents valid for travel to Malaysia. These documents must be valid for at least six (6) months beyond the date of entry into Malaysia. Those with passports not recognised by Malaysia must apply for a document in lieu of the passport as well as a visa issued by Malaysian missions abroad. Applications for visas can be made at the nearest Malaysian mission abroad. In countries where Malaysian missions have not been established, applications can be made to the nearest British High Commission or Embassy. Visa Requirements Citizens of No visa required Commonwealth countries (except India, Bangladesh, Pakistan, Sri Lanka, Cameroon, Mozambique and Nigeria), ASEAN countries, Switzerland, Netherlands, San Marino and Liechtenstein No visa required for visit not exceeding three (3) months Algeria, Argentina, Austria, Bahrain, Belgium, BosniaHerzegovina, Brazil, Croatia, Cuba, Czech Republic, Denmark, Egypt, Finland, France, Germany, Hungary, Iceland, Italy, Japan, Jordan, Kyrgyz Republic, Kuwait, Lebanon, Luxembourg, Norway, Oman, Poland, Qatar, Romania, Saudi Arabia, South Korea, Sweden, Slovakia, Tunisia, Turkey, Turkmenistan, United Arab Emirates, United States of America, Uruguay and Yemen No visa required for visit not exceeding two (2) weeks Iran, Iraq, Libya and Syria Visa required Afghanistan, India, Bangladesh, Pakistan, Sri Lanka, Bhutan, China, Myanmar, Nepal, Taiwan, Angola, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Congo Democratic Republic, Cote d' Ivoire, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Guinea Republic, Guinea - Bissau, Liberia, Madagascar, Mali, Mauritania, Mozambique, Niger, Rwanda, Senegal and Nigeria Prior approval required from the Malaysian Government Israel, Serbia and Montenegro For countries other than those stated above, no visa is required for visits not exceeding one (1) month. 25 Immigration Procedures 2. Entry into Malaysia 2.1 Passes Issued at Point of Entry A visitor can obtain a visit pass for the purpose of a social or business visit at the point of entry provided he can satisfy Immigration authorities that he has a valid passport and visa (where necessary) which allows him to stay temporarily in Malaysia. The types of passes issued are:(i) Visit Pass (Social) Visit passes (social) are issued solely for the purpose of a social visit. A person holding a social visit pass cannot take up employment, business or professional work while in Malaysia. (ii) Visit Pass (Business) Business visit passes are issued to:- Owners and company representatives entering Malaysia to attend a company meeting or seminar, inspect the company’s accounts or to ensure the smooth running of the company - Investors or businessmen entering to explore business opportunities and investment potential - Foreign representatives of companies entering to introduce goods for manufacture in Malaysia, but not to engage in direct selling or distribution - Property owners entering to negotiate, sell or lease properties - Foreign reporters from mass media agencies entering to cover any event in Malaysia - Participants in sporting events These passes cannot be used for employment or for supervising the installation of new machinery or the construction of a factory. Conversion of Passes Foreign visitors who have entered Malaysia on social visit passes may apply to the Immigration department to convert them into business visit passes. This aims to assist foreign visitors who wish to undertake business activities in Malaysia. Applicants wishing to undertake manufacturing activities can convert their passes through the Immigration department with a letter of recommendation from MIDA. Immigration Procedures 26 2.2 Passes Issued upon Arrival in Malaysia Other than applications for entry for the purpose of social or business visits, all applications for passes mentioned below must be made upon arrival in the country. All such applications must have sponsorship in Malaysia whereby the sponsors agree to be responsible for the maintenance and repatriation of the visitors from Malaysia if necessary. The types of passes are:(i) Visit Pass (Temporary Employment) This is issued to persons who enter the country to take up temporary employment. (ii) Employment Pass This is issued to foreigners who enter the country to take up a contract of employment with a minimum period of two (2) years. (iii) Visit Pass (Professional) This is issued to foreigners on short-term contract with any agency. The validity of the pass varies but it does not exceed 12 months at any one time. (iv) Dependent’s Pass This is issued to wives and children of foreigners who have been issued with an employment pass. This pass may be applied together with the application for an employment pass or after the employment pass is approved. Wives and children of foreigners who enter the country on a visit pass (temporary employment or professional) will be issued a visit pass (social). (v) Student’s Pass This is issued to foreigners who enroll as students in any approved educational institution 3. Employment of Expatriate Personnel The Malaysian Government is desirous that Malaysians are trained and employed at all levels of employment. Thus, companies are encouraged to train more Malaysians so that the employment pattern at all levels of the organisation reflects the multiracial composition of the country. Notwithstanding this, where there is a shortage of trained Malaysians, foreign companies are allowed to bring in expatriate personnel. In addition, foreign companies are also allowed key posts (posts that are permanently filled by foreigners). An expatriate personnel who is transferred from one post to another within the same company will be required to obtain a new employment pass. His original employment pass will be amended to reflect the change in post. A new expatriate personnel replacing another must also obtain a fresh employment pass. All employment passes are valid for the period approved for the post. However, for key post holders, employment passes will be issued on a five (5)-year renewable basis except in circumstances where:27 Immigration Procedures - the validity of the expatriate’s passport is less than five (5) years - the expatriate’s employment contract is less than five (5) years, or - the employer requires the services of the expatriate for less than five (5) years Holders of employment passes will be issued with multiple entry visas valid for the duration of the employment pass. 4. Application for Expatriate Posts Any company requiring the service of an expatriate must obtain an employment pass for the expatriates from the Immigration department. Before an employment pass is issued, the expatriate post must obtain prior approval from the Immigration department or an agency authorised by the Immigration department. However, applications for expatriate posts should be submitted to MIDA together with the company’s application for its services project. If the company is unable to do so, it may submit its application for expatriate personnel at a later stage. The procedure applies to expatriate personnel required by:(i) Companies which propose to establish new services (ii) Existing companies proposing to provide additional services (iii) Existing companies proposing to expand their services For companies which do not fall under the above categories, applications to add or extend expatriate posts can be submitted directly to the Immigration headquarters in Putrajaya using Form DP10. After the expatriate posts have been approved, companies can proceed with the endorsement of the employment pass at the Immigration headquarters or the state Immigration office. The required documents for the endorsement include the following:- Covering letter and authorisation letter - Form Imm.8 and DP 8 (2 copies) - Form Imm.38 (2 copies) - if applicable - Forms 9, 24, and 49 of the company and CCM print out - Approval letter from relevant agencies - Employment contract duly stamped - Personal resume, qualification/academic certificates - Personal bond (for temporary employment) - Passport-sized photograph - Photocopy of passport/travel document Immigration Procedures 28 At the Immigration headquarters, Form DP11 is used in place of Form Imm.8, Form DP 8 and Form Imm.38. There is no levy imposed on expatriates earning more than RM3,000 per month and with employment contracts of 24 months and more. However, a nominal fee will be imposed for key posts and management/professional and technical posts. 5. Employment of Foreign Workers In Malaysia, foreign workers can be employed in the construction, plantation, services (domestic servants, workers in the hotel industry, trainers and instructors) and manufacturing sectors. Applications from companies in the non-manufacturing sectors including services located in Peninsular Malaysia should be submitted to the Foreign Workers Division of the Ministry of Home Affairs. Only nationals from Cambodia, India, Indonesia, Kazakhstan, Laos, Myanmar, Nepal, Philippines, Sri Lanka, Thailand, Turkmenistan, Uzbekistan and Vietnam can be employed. For projects located in Sabah and Sarawak, applications for employment of foreign workers should be submitted to the respective state Immigration offices. Approval is based on the merits of each case and subject to conditions that will be determined from time to time. Applications to employ foreign workers will only be considered when efforts to find qualified local citizens and permanent residents have failed. To ensure that foreign labour is employed only when necessary, an annual levy on foreign workers is imposed. The levy for a foreign worker in the manufacturing, services and construction sectors is RM100 per month while the levy is RM30 per month for the domestic help and plantation sectors. 29 Immigration Procedures Immigration Procedures 30 SECTION 3 Quick Reference This section provides a quick guide on the applications, equity guidelines, incentives, expatriate employment and the relevant forms to be used. Chapter Page Chapter 8. Business Support Services 195 Chapter 9. Research and Development (R&D) 205 Chapter 10. Logistics Services 210 Chapter 11. Specialised Technical Support Services 221 Chapter 12. Information and Communication Technology 235 Chapter 13. Environmental Management Services 242 Chapter 14. Distributive Trade 253 Chapter 15. Industrial Training 261 Chapter 8 Business Support Services Application Where to Apply Form(s) MIDA Prescribed Form "Application for Operational Headquarters incentives" (3 copies) State Local Authority Prescribed Form Operational Headquarters (OHQ) Licences, Registrations and Approvals (i) Approval for OHQ Status • 100% foreign equity holding • Expatriate Posts based on requirements • A 10-year full income tax exemption on statutory income (ii) Signboard Licence Processing Time : (One) 1 Month (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) Expatriate Employment • • Expatriate Post MIDA Processing Time : (One) 1 Month Immigration Department of Malaysia (Immigration Department Head Office) Level 3, (Podium) Block 2G4, Precinct 2, Federal Government Administration Centre 62550 Putrajaya. 603-8880 1005 Tel: 603-88801394 Fax: www.imi.gov.my Endorsement of Employment Pass Processing Time : (Two) 2 Weeks Or Immigration Department Office (See Appendix 6 for List of Addresses of Immigration Department Offices) 195 Business Support Services Together with OHQ Application • DP11 Or • • IM8 & IM38 DP8 (2 copies) Application Where to Apply Form(s) MIDA Prescribed Form "Application for Tax Incentive for Regional Distribution Centres (RDC) (3 copies) Tax Analysis Division Ministry of Finance (MOF) Ministry of Finance Complex Centre Block Level 6-7, Precinct 2 Federal Government Administration Centre 62592 Putrajaya. Tel: 603-8882 3000 Fax: 603-8882 3384 www.treasury.gov.my FZ4 Regional Distribution Centres (RDC) Licences, Registrations and Approvals (i) Approval for RDC Status • 100% foreign equity allowed • Expatriate Posts based on requirements • Import duty and sales tax exemption on goods for the purpose of distribution • A 10-year full Income tax exemption on statutory income (ii) Approval to locate in Free Industrial Zone Processing Time : (One) 1 Month Royal Customs Department (See Appendix 6 for List of Addresses of Royal Customs Offices) (iii) Licenced Manufacturing Warehouse Processing Time : (One) 1 Month Royal Customs Department JKED 1 (See Appendix 6 for List of Addresses of Royal Customs Offices) Business Support Services 196 Application Where to Apply Form(s) (iv) Public Bonded Warehouse and Private Bonded Warehouse Licence Royal Customs Department JKED 1 (See Appendix 6 for List of Addresses of Royal Customs Offices) Processing Time: (One) 1 Month Fee: RM2,400 for Two (2) years (v) Certificate of Fitness State Local Authority • Processing Time: One (1) Month (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) A (Certification of Building/Structural Plans) • B (Notice of Commencement/ Resumption of Building Operations) • C (Notice of Completion of Setting Out) • D (Notice of Completion of Foundations) • E (Application for the Issue of Certificate of Fitness for Occupation) (vi) Approval from the Fire and Rescue Department Processing Time: (One) 1 Month (vii) Licence for Commercial Vehicle and Haulage Processing Time: (One) 1 Month Fee: RM70 197 Business Support Services Fire and Rescue Department No Prescribed Form (See Appendix 6 for List of Addresses of the Fire and Rescue Department Offices) Ministry of Entrepreneurial & Cooperative Development Commercial Vehicle (MECD) Licensing Board (CVLB) Level 4, Podium Block Lot 2, G6, Precinct 2 Federal Government Administration Centre 62100 Putrajaya. Tel: 603-8880 5000 603-8880 5621 Fax: www.kpun.gov.my JPKJ 1 Application Where to Apply Form(s) (viii) Freight Forwarding and Shipping Agent Licences Royal Customs Department • JKED 1 (See Appendix 6 for List of Addresses of Royal Customs Offices) • Application to be An Agent • Lampiran B • Lampiran B2 • Lampiran B3 • Lampiran B4 • Lampiran B5 (4 copies) Processing Time: (One) 1 Month (ix) Signboard Licence (x) State Local Authority Processing Time: (One) 1 Month (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) Service Tax Licence Royal Customs Department Processing Time: (One) 1 Week (See Appendix 6 for List of Addresses of Royal Customs Offices) Prescribed Form JKED 1 Expatriate Employment • • Together with RDC Application Expatriate Post MIDA Processing Time: (One) 1 Month Immigration Department Head Office • Endorsement of Employment Pass Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) Processing Time: (One) 1 Month (See Appendix 6 for List of Addresses of Immigration Department Offices) DP11 Business Support Services 198 Application Where to Apply Form(s) MIDA Prescribed Form "Application for International Procurement Centre Status" (3 copies) Tax Analysis Division MOF FZ4 International Procurement Centres (IPC) Licences, Registrations and Approvals (i) Approval for IPC Status • 100% foreign equity allowed; • Expatriate Posts based on requirements; • Full tax exemption of its statutory income for ten (10) years (ii) Approval to Locate in Free Industrial Zone Processing Time: (One) 1 Month Royal Customs Department (See Appendix 6 for List of Addresses of Royal Customs Offices) (iii) Licenced Manufacturing Warehouse Processing Time: (One) 1 Month (iv) Public Bonded Warehouse Licence and Private Bonded Warehouse Licence Processing Time: (One) 1 Month Fee: RM2,400 for Two (2) years 199 Business Support Services Royal Customs Department JKED 1 (See Appendix 6 for List of Addresses of Royal Customs Offices) Royal Customs Department (See Appendix 6 for List of Addresses of Royal Customs Offices) JKED 1 Application Where to Apply Form(s) (v) Certificate of Fitness State Local Authority • Processing Time: One (1) Month (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) A (Certification of Building/Structural Plans) • B (Notice of Commencement/ Resumption of Building Operations) • C (Notice of Completion of Setting Out) • D (Notice of Completion of Foundations) • E (Application for the Issue of Certificate of Fitness for (vi) Approval from the Fire and Rescue Department Processing Time: (One) 1 Month (vii) Licence for Commercial Vehicle and Haulage Processing Time: (One) 1 Month Fee: RM70 viii) Freight Forwarding and Shipping Agent Licences Processing Time: (One) 1 Month Fire and Rescue Department No Prescribed Form (See Appendix 6 for List of Addresses of the Fire and Rescue Department Offices) Ministry of Entrepreneurial & Cooperative Development Commercial Vehicle (MEDC) Licensing Board (CVLB) Level 4, Podium Block Lot 2, G6, Precinct 2 Federal Government Administration Centre 62100 Putrajaya. Tel: 603-8880 5000 Fax: 603-8880 5621 www.kpun.gov.my JPKJ 1 Royal Customs Department • JKED 1 (See Appendix 6 for List of Addresses of Royal Customs Offices) • Application to be An Agent • Lampiran B • Lampiran B2 Business Support Services 200 Application (ix) Signboard Licence (x) Where to Apply State Local Authority Processing Time: (One) 1 Month (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) Service Tax Licence Royal Customs Department Processing Time: (One) 1 Week (See Appendix 6 for List of Addresses of Royal Customs Offices) Form(s) • Lampiran B3 • Lampiran B4 • Lampiran B5 (4 copies) Prescribed Form JKED 1 Expatriate Employment • Expatriate Post MIDA Together with IPC Application Immigration Department Head Office • Processing Time: (One) 1 Month • Endorsement of Employment Pass DP11 Or Processing Time: (Two) 2 Weeks Or Immigration Department Office • • IM8& IM38 DP8 (2 copies) • IMS – 1 (New Project) (3 copies) • IMS – 2 (Existing/ Eexpansion Projects) (3 copies) (See Appendix 6 for List of Addresses of Immigration Department Offices) Integrated Market Support Services Incentives Integrated Market Support Services: 201 Pioneer Status with tax exemption of 70% on statutory income for five (5) years or ITA of 60% qualifying capital expenditure against 70% of statutory income for five (5) years Business Support Services MIDA Application Where to Apply Form(s) Double Deduction on Expenses Incurred for the Promotion of Exports Inland Revenue Board (IRB) 10th Floor, Block 9 Government Offices Complex Jalan Duta 50758 Kuala Lumpur Tel: 603-6209 1000 Fax: 603-6201 2434 www.hasilnet.org.my Tax Return Tax Exemption on the Value of Increased Exports IRB Tax Return Market Development Grant Malaysia External Trade Development Corporation (MATRADE) Trade Export Advisory & Client Services Div. 7th Floor, East Wing Wisma Sime Darby Jalan Raja Laut 50350 Kuala Lumpur. Tel: 603-2616 3333 Fax: 603-2694 7270 www.matrade.gov.my MDG1/03 MIDA • JA1 (New Company) (3 copies) • JA2 (Expansion/ Diversification (3 copies) • DP11 Processing Time: (One) 1 Month Expatriate Employment Expatriate Post • Key Post and Time Post Processing Time: (One) 1 Month Endorsement of Employment Pass Immigration Department Head Office Or Processing Time: (Two) 2 Weeks Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) (See Appendix 6 for List of Addresses of Immigration Department Offices) Business Support Services 202 Application Where to Apply Form(s) Malaysian Industrial Development Authority (MIDA) 1st Floor, Plaza Sentral Jalan Stesen Sentral 5 Kuala Lumpur Sentral 50470 Kuala Lumpur Tel: 603-2267 3420 Fax: 603-2273 4216 www.mida.gov.my Prescribed Form "Application for Establishing Regional / Representative of A Foreign Company" (3 copies) Representative / Regional Office Licences, Registrations and Approvals (i) Approval to Establish Regional or Representative Office Processing Time : (One) 1 Month (ii) Signboard Licence State Local Authority Prescribed Form Processing Time : (One) 1 Month (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) Incentives Incentive for Expatriates Working in a Regional Office • Taxed only on the chargeable income attributable to the number of days in Malaysia Inland Revenue Board (IRB) Corporate Management Division 10th Floor, Block 9 Government Office Complex Jalan Duta 50758 Kuala Lumpur. 603-6209 1000 Tel: 603-6201 2434 Fax: www.hasilnet.org.my Tax Return Expatriate Employment • Expatriate Post Processing Time : (One) 1 Month 203 Business Support Services MIDA Together with Application for Regional or Representative Office Application Where to Apply Form(s) • Endorsement of Employment Pass Immigration Department Head Office • Processing Time : (Two) 2 Weeks Or DP11 Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) (See Appendix 6 for List of Addresses of Immigration Department Offices) Branch Office Expatriate Employment • • Expatriate Post MIDA Processing Time : (One) 1 Month Immigration Department Head Office Endorsement of Employment Pass Or • Immigration Department Office Or Processing Time : (Two) 2 Weeks (See Appendix 6 for List of Addresses of Immigration Department Offices) Together with Application for Regional or Representative Office DP11 • IM8 & IM38 • DP8 (2 copies) Business Support Services 204 Chapter 9 Research and Development (R&D) Application Where to Apply Form(s) Malaysian Industrial Development Authority (MIDA) 5th Floor, Plaza Sentral Jalan Stesen Sentral 5 Kuala Lumpur Sentral 50470 Kuala Lumpur. 603-2267 3633 Tel: Fax: 603-2267 7970 www.mida.gov.my R&D 1 (3 copies) MIDA R&D 1 (3 copies) MIDA R&D 2 (3 copies) Incentives Contract R&D Company :• Pioneer Status with 100% tax exemption of statutory income level for 5 years; or Investment Tax Allowance (ITA) of 100% on qualifying capital expenditure for 10 years Processing Time: Two (2) Months R&D Company :• ITA of 100% on qualifying capital expenditure incurred within 10 years • Second round Pioneer Status for another 5 years or ITA for a further 10 years Processing Time: Two (2) Months In-house R&D :- 205 • Investment Tax Allowance (ITA) of 50% on qualifying capital expenditure for 10 years • Second round of Pioneer Status for another 5 years or ITA for a further 10 years Processing Time: Two (2) Months Research and Development (R&D) Application Where to Apply Form(s) Double Deduction for R&D Inland Revenue Board (IRB) Corporate Management Division 10th Floor, Block 9 Government Office Complex Jalan Duta 50758 Kuala Lumpur. Tel: 603-6209 1000 Fax: 603-6201 2434 www.hasilnet.org.my Tax Return Incentive for Researchers to Commercialise Research Findings IRB Tax Return Exemption of Import Duty, Sales Tax and Excise Duty on Machinery, Raw Materials, Components, Parts, Samples and Equipment for R&D MIDA R&D 4 (3 copies) Capital Allowance on Plant and Machinery for R&D IRB Tax Return IRB Tax Return Tax Exemption of the Value of Increased Exports in the Services IRB Tax Return Double Deduction for the Promotion of Exports IRB Tax Return Single Deduction for the Promotion of Exports IRB Tax Return • Initial Allowance: 20% • Annual Allowance: 40% Industrial Building Allowance for Construction or Building for R&D • Initial Allowance: 10% • Annual Allowance: 39% Research and Development (R&D) 206 Application Where to Apply Form(s) Incentives for Multimedia Super Corridor Multimedia Development Corporation Sdn Bhd (MDC) MSC Headquarters 2360 Persiaran APEC 63000 Cyberjaya, Selangor Darul Ehsan, Malaysia. Tel: 603-8315 3000 Fax: 603-8315 8519 www.mdc.com.my - PIA: 86 (PS:BP) / MAC: 06 (For Pioneer Status) - PIA: 86 (ITA) / MAC: 06 (For ITA) The IGS Secretariat The Ministry of Science, Technology and Innovation (MOSTI) Level 1, Block C5 Parcel C Federal Government Administration Centre 62662 Putrajaya. Tel: 603-8885 8164 Fax: 603-8889 3005 www.mosti.gov.my IGS (12 copies) Malaysian Technology Development Corporation Sdn Bhd (MTDC) Level 5, MIDF Building 195A Jalan Tun Razak 50400 Kuala Lumpur Tel: 603-2161 2000 Fax: 603-2163 7542 www.mtdc.com.my CRDF (2 copies) MOSTI On-line submission Fiscal Incentives Industry Research & Development Grant Scheme (IGS) Processing Time: Three (3) Months Commercialisation of Research & Development Fund (CRDF) Processing Time: Four (4) months Intensification of Research in Priority Areas (IRPA) Processing Time: Experimental Applied Research (EAR) – Three (3) Months Prioritised Research (PR) – Three (3) to Six (6) Months Strategic Research (SR) – Three (3) to Six (6) Months 207 Research and Development (R&D) Application Where to Apply Form(s) Cradle Investment Programme (CIP) Malaysia Venture Capital Management Berhad (MAVCAP) Level 11, Bangunan Bank Industri, 1016 Jalan Sultan Ismail 50300 Kuala Lumpur Tel: 603-2693 1550 Fax: 603-2698 3800 www.cradle.com.my On-line submission Small and Medium Industries Development Corporation (SMIDEC) Planning & Strategic Division 701D, Level 7 Tower D, Uptown 5 No.5, Jalan SS21/39 Damansara Uptown 47400 Petaling Jaya. Tel: 603-7628 7400 Fax: 603-7665 1717 www.smidec.gov.my ITAF 1 (2 copies) SMIDEC ITAF 2 (2 copies) SMIDEC ITAF 3 (2 copies) SMIDEC Engineering Design Grant (2 copies) SMIDEC E-Manufacturing (2 copies) Processing Time: Two (2) Months Grant for Business Planning and Development (ITAF 1) Processing Time: 35 days Grant for Product and Process Improvement (ITAF 2) Processing Time : 35 days Grant for Productivity and Quality Improvement and Certification (ITAF 3) Processing Time: 35 days Grant for Upgrading Engineering Design Capabilities Processing Time: 35 days Grant for ICT Application Processing Time: 30 days Research and Development (R&D) 208 Application Where to Apply Form(s) Soft Loan from ICT Adoption MIDF • E-Manufacturing (ERP) • E-Design • JA1 (new company) (3 copies) • JA2 (expansion/ diversification) (3 copies) Immigration Department of Malaysia (Immigration Department Head Office) Level 3, (Podium) Block 2G4, Precinct 2, Federal Government Administration Centre 62550 Putrajaya, Tel: 603-8880 1005 Fax: 603-8880 1394 www.imi.gov.my • DP11 Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) Expatriate Employment • Expatriate Post MIDA Processing Time: One (1) Month • Endorsement of Employment Pass Processing Time: Two (2) Weeks (See Appendix 6 for List of Addresses of Immigration Department Offices) 209 Research and Development (R&D) Chapter 10 Logistics Services Application Where to Apply Form(s) Royal Customs Department • (See Appendix 6 for List of Addresses of Royal Customs Offices) Lampiran A (Warehouse Licence) (4 copies) • JKED 1 (4 copies) Royal Customs Department • (See Appendix 6 for List of Addresses of Royal Customs Officess) Lampiran A (Warehouse Licence) (4 copies) • JKED 1 (4 copies) State Local Authority • (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) A (Certification of Building/Structural Plans) • B (Notice of Commencement/ Resumption of Building Operations) • C (Notice of Completion of Setting Out) • D (Notice of Completion of Foundations) • E (Application for the Issue of Certificate of Fitness for Occupation) Warehousing Services Licences, Registrations and Approvals (i) Public Bonded Warehouse Licence • 30% Bumiputera Equity Required. Processing Time: One (1) Month Fee: RM2,400 for Two (2) Years (ii) Private Bonded Warehouse Licence Processing Time: One (1) month Fee: RM2,400 for Two (2) Years (iiI) Certificate of Fitness Processing Time: One (1) Month Logistics Services 210 Application Where to Apply Form(s) (iv) Approvals from the Fire and Rescue Department Fire and Rescue Department No Prescribed Form Processing Time: One (1) Month (v) Business Premise and Signboard Licences Processing Time: One (1) Month (vi) Service Tax Licence Processing Time: One (1) Week (See Appendix 6 for List of Addresses of the Fire and Rescue Department Offices) State Local Authority Prescribed Form (See Appendix 6 for List of Addresses of Relevant State Local Authorities) Royal Customs Department JKED 1 (See Appendix 6 for List of Addresses of Royal Customs Offices) Incentives Integrated Logistic Services: • Pioneer Status with tax exemption of 70% of statutory income for a period of five years; or ITA of 60% on qualifying capital expenditure for 5 years Processing Time: Two (2) Months Malaysian Industrial Development Authority (MIDA) 1st Floor, Plaza Sentral Jalan Stesen Sentral 5 Kuala Lumpur Sentral 50470 Kuala Lumpur Tel: 603-2267 3420 Fax: 603-2273 4216 www.mida.gov.my ILS1 (3 copies) Immigration Department of Malaysia (Immigration Department Head Office) Employment Pass Division Level 3, (Podium) Block 2G4, Precinct 2 Federal Government Administration Centre 62550 Putrajaya. Tel: 603-8880 1005 603-8880 1394 Fax: www.imi.gov.my • DP10 • DP11 Expatriate Employment • Employment Pass Application Processing Time: Two (2) Weeks 211 Logistics Services Application Where to Apply Form(s) • Endorsement of Employment Pass Immigration Department Head Office Processing Time: Two (2) Weeks Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) (See Appendix 6 for List of Addresses of Immigration Department Offices) Warehousing Services For Regulated Goods Licences, Registrations and Approvals Atomic Energy Licensing Board (AELB) Ministry of Science, Technology and Innovation (MOSTI) Batu 24, Jalan Dengkil 47800 Selangor. Tel: 603-8926 7699 Fax: 603-8924 4191 www.aelb.gov.my LPTA 5 (2 copies) (ii) Off-Site Storage Facilities"Collection, Movement and Transportation of Scheduled Wastes" Licence (This licence is frozen until 17 December 2010) - (iii) Business Premise and Signboard Licences State Local Authority Prescribed Form (i) Class G Licence to Store Radioactive and Nuclear Materials Application Fee: RM15 Processing Time: One (1) Month (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) Logistics Services 212 Application Where to Apply Form(s) (iv) Certificate of Fitness State Local Authority • (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) A (Certification of Building/Structural Plans) • B (Notice of Commencement/ Resumption of Building Operations) • C (Notice of Completion of Setting Out) • D (Notice of Completion of Foundations) • E (Application for the Issue of Certificate of Fitness for Occupation) Processing Time: One (1) Month (v) Approvals from the Fire and Rescue Department Processing Time: One (1) Month Fire and Rescue Department No Prescribed Form (See Appendix 6 for List of Addresses of the Fire and Rescue Department Offices) Incentives Integrated Logistic Services: • Pioneer Status with tax exemption of 70% of statutory income for a period of five years; or ITA of 60% on qualifying capital expenditure for 5 years Processing Time: Two (2) Months 213 Logistics Services Malaysian Industrial Development Authority (MIDA) 1st Floor, Plaza Sentral Jalan Stesen Sentral 5 Kuala Lumpur Sentral 50470 Kuala Lumpur Tel: 603-2267 3420 603-2273 4216 Fax: www.mida.gov.my ILS1 (3 copies) Application Where to Apply Form(s) Immigration Department Head Office • DP10 Endorsement of Employment Pass Immigration Department Head Office • DP11 Processing Time: Two (2) Weeks Or Or Immigration Department Office • IM8 & IM38 DP8 (2 copies) Ministry of Entrepreneurial & Cooperative Development Commercial Vehicle (MEDC) Licensing Board (CVLB) Level 4, Podium Block Lot 2, G6, Precinct 2 Federal Government Administration Centre 62100 Putrajaya. Tel: 603-8880 5000 Fax: 603-8880 5621 www.kpun.gov.my • JPKJ 1 • LPKP 2 Department of Environment (DOE’s head office) Ministry of Natural Resources and Environment Level 3-7, Block C4 Federal Government Administration Centre 62662 Putrajaya. Tel : 603-8885 8200 Fax : 603-8888 9987 www. jas.sains.my AS13 Expatriate Employment • Employment Pass Application Processing Time: Two (2) Weeks • (See Appendix 6 for List of Addresses of Immigration Department Offices) Transportation Services Licences, Registrations and Approvals (i) • Licence for Commercial Vehicle and Haulage-Carrier Licence A At least 30% Bumiptera Equity Required (ii) Licence for Transporting Scheduled Wastes Processing Time: One (1) Month Renewal Fee: RM100 Logistics Services 214 Application Where to Apply Form(s) Or Or DOE Office AS13 (See Appendix 6 for List of Addresses of the DOE Offices) (iii) Class D Licence for the Transportation of Nuclear and Radioactive Materials Processing Time: Three (3) Months Application Fee: RM15 Atomic Energy Licensing Board (AELB) Ministry of Science, Technology and Innovation (MOSTI) Batu 24, Jalan Dengkil 47800 Selangor. Tel: 603-8926 7699 Fax: 603-8924 4191 www.aelb.gov.my LPTA/BP/4 (2 copies) State Local Authority Prescribed Form Licence Fee: RM100 (iv) Signboard Licence Processing Time: One (1) Month (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) Incentives Exemption from Import Duty and Sales Tax Exemption on Prime Movers and Trailers Ministry of Finance (MOF) Tax Analysis Division Ministry of Finance Complex 6&7th Floor, Precinct 2 Federal Government Administration Centre 62592 Putrajaya. Tel: 603-8882 3000 Fax: 603-8882 3384 www.treasury.gov.my BAC 2/96 Integrated Logistic Services: Malaysian Industrial Development Authority (MIDA) 1st Floor, Plaza Sentral Jalan Stesen Sentral 5 Kuala Lumpur Sentral 50470 Kuala Lumpur Tel: 603-2267 3420 603-2273 4216 Fax: www.mida.gov.my ILS1 (3 copies) • 215 Pioneer Status with tax exemption of 70% of statutory income for a period of five years; or ITA of 60% on qualifying capital expenditure for 5 years Processing Time: Two (2) Months Logistics Services Application Where to Apply Form(s) Immigration Department Head Office • DP10 Endorsement of Employment Pass Immigration Department Head Office • DP11 Processing Time: Two (2) Weeks Or Or Immigration Department Office • IM8 & IM38 DP8 (2 copies) Royal Customs Department • JKED 1 (See Appendix 6 for List of Addresses of Royal Customs Offices) • Application to be An Agent • Lampiran B • Lampiran B2 • Lampiran B3 • Lampiran B4 • Lampiran B5 (4 copies) Expatriate Employment • Employment Pass Application Processing Time: Two (2) Weeks • (See Appendix 6 for List of Addresses of Immigration Department Offices) Forwarding/Shipping Licences, Registrations and Approvals (i) Freight Forwarding Agent • 51% Bumiputera Equity Required Processing Time: One (1) Month (ii) Shipping Agent • 30% Bumiputera Equity Required Royal Customs Department Same as above (See Appendix 6 for List of Addresses of Royal Customs Offices) Processing Time: One (1) Month Logistics Services 216 Application Where to Apply Form(s) (iii) Signboard Licence State Local Authority Prescribed Form Processing Time: (One) 1 Month (iv) Service Tax Licence Processing Time: (One) 1 Week (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) Royal Customs Department JKED 1 (See Appendix 6 for List of Addresses of Royal Customs Offices) Incentives Integrated Logistic Services: • Pioneer Status with tax exemption of 70% of statutory income for a period of five years; or ITA of 60% on qualifying capital expenditure for 5 years Processing Time: Two (2 ) Months Malaysian Industrial Development Authority (MIDA) 1st Floor, Plaza Sentral Jalan Stesen Sentral 5 Kuala Lumpur Sentral 50470 Kuala Lumpur Tel: 603-2267 3420 Fax: 603-2273 4216 www.mida.gov.my ILS1 (3 copies) Expatriate Employment • Employment Pass Application • DP10 DP11 Immigration Department Head Office Processing Time: Two (2) Weeks • Endorsement of Employment Pass Immigration Department Head Office • Processing Time: Two (2) Weeks Or Or Immigration Department Office • (See Appendix 6 for List of Addresses of Immigration Department Offices) 217 Logistics Services IM8 & IM38 DP8 (2 copies) Application Where to Apply Form(s) Malaysian Industrial Development Authority (MIDA) 1st Floor, Plaza Sentral Jalan Stesen Sentral 5 Kuala Lumpur Sentral 50470 Kuala Lumpur Tel: 603-2267 3420 Fax: 603-2273 4216 www.mida.gov.my ILS1 (3 copies) MIDA • JA1 (New Project) (3 copies) • JA2 (Expansion/ Diversification Project) (3 copies) DP11 Incentives Integrated Logistic Services: • Pioneer Status with tax exemption of 70% of statutory income for a period of five years; or ITA of 60% on qualifying capital expenditure for 5 years Processing Time: Two (2 ) Months Expatriate Employment • Expatriate Post Processing Time: Two (2) Months • Endorsement of Employment Pass Immigration Department Head Office • Processing Time: (Two) 2 Weeks Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) Royal Customs Department • (See Appendix 6 for List of Addresses of Royal Customs Offices) Lampiran A (Warehouse Licence) (4 copies) • JKED 1 (4 copies) (See Appendix 6 for List of Addresses of Immigration Department Offices) Licences, Registrations and Approvals Cold Chain Facilities: (i) Public Bonded Warehouse Licence • 30% Bumiputera Equity Required. Processing Time : One (1) Month Fee: RM2,400 for Two (2) Years Logistics Services 218 Application Where to Apply Form(s) (ii) Licence for Commercial Vehicle and Haulage-Carrier Licence A Ministry of Entrepreneurial & Cooperative Development Commercial Vehicle (MEDC) Licensing Board (CVLB) Level 4, Podium Block Lot 2, G6, Precinct 2 Federal Government Administration Centre 62100 Putrajaya. Tel: 603-8880 5000 Fax: 603-8880 5621 www.kpun.gov.my • JPKJ 1 • LPKP 2 State Local Authority Prescribed Form • 30% Bumiputera Equity Required. (iii) Business Premise and Signboard Licences Processing Time: (One) 1 Month (vi) Service Tax Licence Processing Time: (One) 1 Week (See Appendix 6 for List of Addresses of Relevant State Local Authorities) Royal Customs Department JKED 1 (See Appendix 6 for List of Addresses of Royal Customs Offices) Incentives Cold Chain Facilities and Services for Food Products: • Pioneer Status with tax exemption of 70% on statutory income for 5 years; or Investment Tax Allowance (ITA) of 60% on qualifying capital expenditure for 5 years. MIDA ICA1 (97) (3 copies) MIDA PC 1 (97) (6 copies) Processing Time: Two (2) months Exemption from Import Duty and Sales Tax on Machinery and Equipment Processing Time: Two (2) months 219 Logistics Services Application Where to Apply Expatriate Employment Expatriate Post Form(s) • JA1 (New Project) (3 copies) • JA2 (Expansion/ Diversification Project) (3 copies) • DP11 MIDA Processing Time: Two (2) Months Endorsement of Employment Pass Immigration Department Head Office Processing Time: Two (2) weeks Or Or Immigration Department Office (See Appendix 6 for List of Addresses of Immigration Department Offices) • IM8 & IM38 • DP8 (2 copies) Logistics Services 220 Chapter 11 Specialised Technical Support Services Application Where to Apply Form(s) Board of Engineers Malaysia (BEM) JKR Headquarters 17th Floor, Kompleks Kerja Raya, Jalan Sultan Salahuddin 50580 Kuala Lumpur Tel: 603-2696 7096 603-2692 5017 Fax: www.bem.org.my E BEM B2 Licences, Registrations and Approvals Registration as an Engineering Consultancy Practice • 100% equity ownership by Malaysians Processing Time: Four (4) Months Processing Fee: RM50 (Payable only during first application) Registration Fee: RM1,000 (Payable only during first application) Annual Renewal Fee: RM500 Temporary Registration as an Professional Engineer Processing Time: Four (4) Months Processing Fee: RM500 (Payable only during first application) Registration Fee: RM 500 (Payable only during first application) Annual Renewal Fee: RM500 221 Specialised Technical Support Services Application Where to Apply Form(s) Immigration Department of Malaysia (Immigration Department Head Office) Level 3, (Podium) Block 2G4, Precinct 2, Federal Government Administration Centre 62550 Putrajaya. Tel: 603-8880 1005 Fax: 603-88801394 www.imi.gov.my • DP10 Endorsement of Employment Pass Immigration Department Head Office • DP11 Processing Time: (Two) 2 Weeks Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) Expatriate Employment • Employment Pass Application Processing Time: (Two) 2 Weeks • (See Appendix 6 for List of Addresses of Immigration Department Offices) Licences, Registrations and Approvals Registration as Boiler and Unfired Pressure Vessel Repairer • 30% Bumiputera equity required Processing Time: Three (3) Months Department of Occupational Safety and Health (DOSH Head Office) Ministry of Human Resources Level 2, 3 & 4 Block D3, Parcel D Federal Government Administration Centre 62502 Putrajaya Tel: 603-8886 5000 603-8889 2349 Fax: www.dosh.gov.my No Prescribed Forms Specialised Technical Support Services 222 Application Where to Apply Form(s) Small and Medium Industries Development Corporation (SMIDEC) Planning & Strategic Division 701D, Level 7, Tower D, Uptown 5, No.5 Jalan SS21/39, Damansara Uptown, 47400 Petaling Jaya Tel: 603-7628 7400 Fax: 603-7665 1717 www.smidec.gov.my ITAF1 (2 copies) SMIDEC ITAF3 (2 copies) Immigration Department Head Office • DP10 Endorsement of Employment Pass Immigration Department Head Office • DP11 Processing Time: (Two) 2 Weeks Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) Grants Grant for Business Planning and Development (ITAF1) Processing Time: 35 days Grant for Productivity and Quality Improvement and Certification (ITAF3) Processing Time: 35 days Expatriate Employment • Employment Pass Application Processing Time: (Two) 2 Weeks • (See Appendix 6 for List of Addresses of Immigration Department Offices) Licences, Registrations and Approvals Registration as Assessors 223 Specialised Technical Support Services DOSH Head Office Prescribed Form Application Where to Apply Form(s) Registration as Hygiene Technicians DOSH Head Office Prescribed Form Registration as Occupational Safety and Health Doctors DOSH Head Office Prescribed Form Immigration Department Head Office • DP10 Immigration Department Head Office • DP11 Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) • FM 201(QMS) Expatriate Employment • Employment Pass Application Processing Time: (Two) 2 Weeks • Endorsement of Employment Pass Processing Time: (Two) 2 Weeks (See Appendix 6 for List of Addresses of Immigration Department Offices) Licences, Registrations and Approvals Accreditation Of Certification Bodies • Quality Management System (QMS) Processing Time: Seven (7) to Eight (8) Months Application Fee: RM5,000 Department of Standards Malaysia (DSM) Accreditation Division Ministry of Science, Technology & Innovation (MOSTI) Level 1 & 2, Block C4, Parcel C Federal Government Administration Centre 62502 Putrajaya. Tel: 603-8885 8000 603-8888 5060 Fax: www.dsm.gov.my Specialised Technical Support Services 224 Application Where to Apply Form(s) • DSM • FM 201(EMS) DSM • FM 201 (Product Certification) Immigration Department Head Office • DP10 Endorsement of Employment Pass Immigration Department Head Office • DP11 Processing Time: (Two) 2 Weeks Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) Environmental Management System (EMS) Processing Time: Seven (7) to Eight (8) Months Application Fee: RM5,000 • Product Certification Processing Time: Seven (7) to Eight (8) Months Application Fee: RM5,000 Expatriate Employment • Employment Pass Application Processing Time: (Two) 2 Weeks • (See Appendix 6 for List of Addresses of Immigration Department Offices) 225 Specialised Technical Support Services Application Where to Apply Form(s) DSM • LA 202T DSM • LA 202C Immigration Department Head Office • DP10 Endorsement of Employment Pass Immigration Department Head Office • DP11 Processing Time: (Two) 2 Weeks Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) Licences, Registrations and Approvals Accreditation of Laboratory under the Laboratory Accreditation Scheme of Malaysia (SAMM) • Testing Laboratory Processing Time: One (1) Year Application Fee: RM 3,000/Testing Field RM 200/Additional Field • Calibration Laboratory Processing Time: One (1) Year Application Fee: RM 3,000/Testing Field RM 200/ Additional Field Expatriate Employment • Employment Pass Application Processing Time: (Two) 2 Weeks • (See Appendix 6 for List of Addresses of Immigration Department Offices) Specialised Technical Support Services 226 Application Where to Apply Form(s) Malaysian Cocoa Board (MCB) 5 & 6th Floors Wisma SEDCO Lorong Plaza Wawasan Off Coastal Highway, Locked Bag 211 88999 Kota Kinabalu Tel: 6088-252 572 Fax: 6088-239 575 www.koko.gov.my LKM/PG/05 Licences, Registrations and Approvals Licence To Grade Cocoa Processing Time: (One) 1 Month Annual Licence Renewal Fee: RM 25 (See Appendix 6 for List of Addresses of the MCB Offices) Grants Grant for Business Planning and Development (ITAF1) SMIDEC TAF1 (2 copies) SMIDEC ITAF 3 (2 copies) Malaysian Industrial Development Finance Berhad (MIDF) Bangunan MIDF 195A, Jalan Tun Razak 50400 Kuala Lumpur Tel: 603-2161 1166 Fax: 603-2161 5973 www.midf.com.my • E-Manufacturing • E-Design Processing Time: 35 days Grant for Productivity and Quality Improvement and Certification (ITAF 3) Processing Time: 35 days Soft Loan for ICT Adoption Processing Time: 30 days 227 Specialised Technical Support Services Application Where to Apply Form(s) Immigration Department Head Office • DP10 Endorsement of Employment Pass Immigration Department Head Office • DP11 Processing Time: (Two) 2 Weeks Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) Expatriate Employment • Employment Pass Application Processing Time: (Two) 2 Weeks • (See Appendix 6 for List of Addresses of Immigration Department Offices) Licences, Registrations and Approvals Class A Licence (manufacture, trade in, produce, process, purchase, own, possess, use, transfer, handle, sell or store radioactive material) Processing Time: (One) 1 Month Atomic Energy Licensing Board (AELB) Ministry of Science, Technology and Innovation (MOSTI) Batu 24, Jalan Dengkil 47800 Selangor. Tel: 603-8926 7699 Fax: 603-8924 4191 www.aelb.gov.my LPTA/BP/1 (2 copies) AELB LPTA/BP/3 (2 copies) Application Fee: RM15 Licence Fee: Fist Cell: RM10,000 Additional Cell: RM200 Class C Licence (manufacture, trade in, produce, process, purchase, own, possess, use, transfer, handle, sell or store irradiating apparatus) Processing Time: (One) 1 Month Application Fee: RM15 Specialised Technical Support Services 228 Application Where to Apply Form(s) Malaysian Industrial Development Authority (MIDA) 5th Floor, Plaza Sentral Jalan Stesen Sentral 5 Kuala Lumpur Sentral 50470 Kuala Lumpur Tel: 603-2267 3633 Fax: 603-2267 7970 www.mida.gov.my • ICA 1 (97) (New Project) (3 copies) • ICA3 (97) (Existing Project) (3 copies) MIDA PC 2 (97) (4 copies) MIDA PC 1 (97) (6 copies) MIDA • JA1 (New Project) (3 copies) • JA2 (Expansion / Diversification Project) (3 copies) DP11 Incentives Pioneer Status with tax exemption of 30% of statutory income for 5 years; or Investment Tax Allowance (ITA) of 60% of qualifying capital expenditure for 5 years Processing Time: Two (2) Months Exemption from Import Duty on Raw Materials /Components Processing Time: Two (2) Months Exemption from Import Duty and Sales Tax on Machinery and Equipment Processing Time: Two (2) Months Expatriate Employment • Expatriate Post Processing Time: (Two) 2 Weeks • Endorsement of Employment Pass Immigration Department Head Office • Processing Time: (Two) 2 Weeks Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) (See Appendix 6 for List of Addresses of Immigration Department Offices) 229 Specialised Technical Support Services Application Where to Apply Form(s) Institute for Medical Research (IMR) Standing Committee for Medical Research Jalan Pahang 50588 Kuala Lumpur Tel: 603-2698 6033 Fax: 603-2693 8306 www.imr.gov.my JTP/KKM 1-2 (5 copies) NCE/Clinical Trial Unit, National Pharmaceutical Control Bureau (NPCB) Ministry of Health, Jalan Universiti, P.O. Box 319, 46730 Petaling Jaya. Tel: 603-7957 3611 Fax: 603-7956 7075 www.bpfk.gov.my BPFK-442.1 NPCB BPFK -443 and BPFK -442.1 NPCB BPFK -441 NPCB BPFK -441 Licences, Registrations and Approvals Clinical Trial in Public Hospitals Processing Time: Three (3) to Four (4) Months Clinical Trial Import Licence Registration Fee: RM500/ Trial Product Processing Time: Two (2) to Three (3) Months Clinical Trial Permit for An Unregistered Product to be Manufactured in Malaysia for Clinical Trials Processing Time: Two (2) to Three (3) Months Clinical Trial Permit for Registered Drug with Special Labelling Processing Time: Two (2) to Three (3) Months Clinical Trial Permit for a New Indication of a Registered Product Processing Time: Two (2) to Three (3) Months Specialised Technical Support Services 230 Application Where to Apply Form(s) MIDA R&D 1 (3 copies) MIDA R&D 1 (3 copies) MIDA R&D 2 (3 copies) Incentives Contract R&D Company: • Pioneer Status with tax exemption of 100% of statutory income for 5 years; or Investment Tax Allowance (ITA) of 100% qualifying capital expenditure incurred within 10 years • Second round Pioneer Status for another 5 years or ITA for a further 10 years. Processing Time: Two (2) Months R&D Company: • Pioneer Status with tax exemption of 100% of statutory income for 5 years; or Investment Tax Allowance (ITA) of 100% qualifying capital expenditure incurred within 10 years • Second round Pioneer Status for another 5 years or ITA for a further 10 years. Processing Time: Two (2) Months In-house Research: 231 • Investment Tax Allowance (ITA) of 50% qualifying capital expenditure incurred within 10 years • Second round Pioneer Status for another 5 years or ITA for a further 10 years. Processing Time: Two (2) Months Specialised Technical Support Services Application Where to Apply Form(s) Double Deduction for Research & Development IRB Tax Return Immigration Department Head Office • DP10 Endorsement of Employment Pass Immigration Department Head Office • DP11 Processing Time: (Two) 2 Weeks Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) Expatriate Employment • Employment Pass Application Processing Time: (Two) 2 Weeks • (See Appendix 6 for List of Addresses of Immigration Department Offices) Licences, Registrations and Approvals Public Licence for Electrify Power Processing Time: One (1) to Two (2) Months Examination for Certification of Competency Energy Commission (EC) 13th Floor, Menara TH Perdana 1001, Jalan Sultan Ismail 50250 Kuala Lumpur. Tel: 603-2162 5400 Fax: 603-2693 7791 www.st.gov.my ST (KE) 11 (3 copies) EC ST(PE)Pin 2003 (3 copies) Annual Registration Fee:a. Electrical Services Engineer-RM200 b. Electrical Competent Engineer-RM150 c. Electrical SupervisorRM100 d. Electrical Chargeman-RM50 e. Wireman-RM20 Specialised Technical Support Services 232 Application Where to Apply Form(s) Information on the Waste Disposal of Sewage and Industrial Effluents DOE Office AS 9 (2 copies) Processing Time: (One) 1 Month Manufacturing Licence to Manufacture Industrial Gas (See Appendix 6 for List of Addresses of the DOE Offices) MIDA Processing Time: One (1) to Two (2) Months • ICA 1 (97) (New Project) (3 copies) • ICA 3 (97) (Expansion / Diversification Project) (3 copies) Licence Fee: RM50 Install And Operate Unfired Pressure Vessel DOSH Office JKJ 105 (See Appendix 6 for List of Addresses of DOSH Offices) First Time Using Unfired Pressure Vessel DOSH Office JKJ 106 (See Appendix 6 for List of Addresses of the DOSH Offices) Incentives Integrated Central Utility Facilities (CUF): Pioneer Status with 70% tax exemption of statutory income for 5 years; or Investment Tax Allowance (ITA) of 60% on qualifying of capital expenditure for 5 years. MIDA • ICA 1 (97) (New Project) (3 copies) • ICA 3 (97) (Expansion/ Diversification Project) (3 copies) • JA1 (New Project) (3 copies) • JA2 (Expansion/ Diversification Project) (3 copies) Processing Time: Two (2) Months Expatriate Employment • Expatriate Post MIDA Processing Time: One (1) Week 233 Specialised Technical Support Services Application Where to Apply Form(s) • Endorsement of Employment Pass Immigration Department Head Office • Processing Time: One (1) Week Or Or Immigration Department Office • IM8& IM38 • DP8 (2 copies) (See Appendix 6 for List of Addresses of Immigration Department Offices) DP11 Specialised Technical Support Services 234 Chapter 12 Information and Communication Technology Application Where to Apply Form(s) Malaysian Industrial Development Authority (MIDA) Plaza Sentral, Jalan Stesen Sentral 5, Kuala Lumpur Sentral 50470 Kuala Lumpur Tel: 603-2267 3633 Fax: 603-2267 7970 www.mida.gov.my CSD1 (3 copies) Inland Revenue Board (IRB) Corporate Management Division 10th Floor, Block 9 Government Office Complex Jalan Duta 50758 Kuala Lumpur. Tel: 603-6209 1000 Fax: 603-6201 2434 www.hasilnet.org.my Tax Return Hardware And Software Consultancies, Database Activities, Content Development, InternetBased Business Application Services, ECommerce Services/Solutions, System Integration, Computer Assisted Manufacturing Services, Call Centres And Centralised Help-Lines Incentives Incentive for Software Development Processing Time: Two (2) Months Accelerated Capital Allowance 235 Information and Communication Technology Application Where to Apply Form(s) The IGS Secretariat The Ministry of Science, Technology and Innovation (MOSTI) Level 1, Block C5 Parcel C Federal Government Administration Centre 62662 Putrajaya. Tel: 603-8885 8164 Fax: 603-8889 3005 www.mosti.gov.my IGS (12 copies) Multimedia Development Corporation Sdn Bhd (MDC) MSC Headquarters 2360 Persiaran APEC 63000 Cyberjaya, Selangor Darul Ehsan, Malaysia. Tel: 603-8315 3000 Fax: 603-8315 8519 www.mdc.com.my MGS Application Template (7 Copies) DAGS Secretariat MIMOS Bhd Technology Park Malaysia Bukit Jalil 57000 Kuala Lumpur Tel: 603-8996 5000 Fax: 603-8996 0255 www.dags.net.my Precribed Form Immigration Department of Malaysia (Immigration Department Head Office) Employment Pass Division Level 3, (Podium) Block 2G4, Precinct 2 Federal Government Administration Centre 62550 Putrajaya. 603-8880 1005 Tel: Fax: 603-8880 1394 www.imi.gov.my • Grants Industry Research and Development Grant Scheme (IGS) Processing Time: Three (3) Months MSC R&D Grant Scheme (MGS) Processing Time: Two (2) Months Demonstrator Applications Grant Scheme (DAGS) Processing Time: Two (2) Weeks Expatriate Employment • Employment Pass Application Processing Time: (Two) 2 Weeks DP10 Information and Communication Technology 236 Application Where to Apply Form(s) • Endorsement of Employment Pass Immigration Department Head Office • Processing Time: (Two) 2 Weeks Or Or Immigration Department Office • • IM8 & IM38 DP8 (2 copies) Malaysian Communication and Multimedia Commission (MCMC) 63000 Cyberjaya. Tel: 603-8688 8000 Fax: 603-8688 1000 www.mcmc.gov.my • Form D • Appendix II MCMC • Form A • Appendix I DP11 (See Appendix 6 for List of Addresses of Immigration Department Offices) Other Information Communication Technology (ICT) Services Licences, Registrations & Approvals Class Licence Application Fee:RM2,500 Registration Fee: RM2,500 Annual Fee: 0.5% of Gross Annual Turnover or RM50,000 - whichever is higher Processing Time: (One) 1 Month Individual Licence Application Fee: RM10,000 Approval Fee: RM50,000 Renewal Fee: RM25,000 Processing Time: (One) 1 Month 237 Information and Communication Technology Application Where to Apply Form(s) Malaysian Industrial Development Authority (MIDA) Plaza Sentral, Jalan Stesen Sentral 5, Kuala Lumpur Sentral 50470 Kuala Lumpur Tel: 603-2267 3633 Fax: 603-2267 7970 www.mida.gov.my CSD1 (3 copies) Inland Revenue Board (IRB) Corporate Management Division 10th Floor, Block 9 Government Office Complex Jalan Duta 50758 Kuala Lumpur. Tel: 603-6209 1000 Fax: 603-6201 2434 www.hasilnet.org.my Tax Return Incentives Incentive for Software Development Processing Time: Two (2) Months Accelerated Capital Allowance Grants Industry Research and Development Grant Scheme (IGS) Processing Time: Three (3) Months MSC R&D Grant Scheme (MGS) Processing Time: Two (2) Months The IGS Secretariat The Ministry of Science, Technology and Innovation (MOSTI) Level 1, Block C5 Parcel C Federal Government Administration Centre 62662 Putrajaya. Tel: 603-8885 8164 Fax: 603-8889 3005 www.mosti.gov.my Multimedia Development Corporation Sdn Bhd (MDC) MSC Headquarters 2360 Persiaran APEC 63000 Cyberjaya, Selangor Darul Ehsan, Malaysia. 603-8315 3000 Tel: Fax: 603-8315 8519 www.mdc.com.my IGS (12 copies) MGS Application Template (7 Copies) Information and Communication Technology 238 Application Where to Apply Form(s) Demonstrator Applications Grant Scheme (DAGS) DAGS Secretariat MIMOS Bhd Technology Park Malaysia Bukit Jalil 57000 Kuala Lumpur Tel: 603-8996 5000 Fax: 603-8996 0255 www.dags.net.my Prescribed Form Immigration Department Head Office • DP10 Immigration Department Head Office • DP11 Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) Processing Time: Two (2) Weeks Expatriate Employment • Employment Pass Application Processing Time: (Two) 2 Weeks • Endorsement of Employment Pass Processing Time: (Two) 2 Weeks (See Appendix 6 for List of Addresses of Immigration Department Offices) 239 Information and Communication Technology Licensing Category Individual Licence Class Licence Exempt/ Unlicenced Network Facility Provider • Earth Stations Not applicable • • Fixed links and cables Broadcasting and production studios • Public payphone facilities • Incidental network facilities • Radiocommunications transmitters and links • Private network facilities • Satellite hubs • Satellite control station • Space station • Submarine cable landing centre • Switching centre • Towers, poles, ducts and pits used in conjunction with other network facilities • Bandwidth services • Incidental network services • Broadcasting distribution services • LAN service • Cellular mobile services • Private network services • Access applications service • Router • Space service • Internetworking • PSTN • • Public cellular services Electronic transaction service • • IP telephony Interactive transaction service • Public payphone service • Networked advertising boards and Cineplex Network Service Provider Applications Service Provider • Not applicable • • Public switched data • service Audio text hosting services provided on an optin basis Directory services Internet access services Information and Communication Technology 240 Licensing Category Content Applications Service Provider 241 Individual Licence • Satellite broadcasting subscription • Broadcasting • Terrestrial free to air TV • Terrestrial radio broadcasting Information and Communication Technology Class Licence Exempt/ Unlicenced • Messaging services • Web hosting or client server • Private payphone service • Telegram services • Internet content applications services Not applicable Chapter 13 Environmental Management Services Application Where to Apply Form(s) DOE Office • AS16 (Individual) (See Appendix 6 for List of Addresses of the DOE Offices) • AS17 (Company) State Local Authority Prescribed Form Environmental Impact Assessment (EIA) Consultancy Licences, Registrations and Approvals (i) • Registration as Environmental Impact Assessment (EIA) Consultant At least 30% Bumiputera equity required Processing Time: (One) 1 Month (ii) Signboard Licence Processing Time: (One) 1 Month (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) Expatriate Employment • Employment Pass Application Processing Time: (Two) 2 Weeks Immigration Department of Malaysia (Immigration Department Head Office) Level 3, (Podium) Block 2G4, Precinct 2, Federal Government Administration Centre 62550 Putrajaya, 603-8880 1005 Tel: 603-8880 1394 Fax: www.imi.gov.my ∑ DP10 Environmental Management Services 242 Application Where to Apply Form(s) • Endorsement of Employment Pass Immigration Department Head Office • Processing Time: (Two) 2 Weeks Or Or Immigration Department Office • IM8& IM38 • DP8 (2 copies) • EIA report DOE Office • (See Appendix 6 for List of Addresses of the DOE Offices) AS 9 / Lampiran BOff-site treatment facilities • AS 10 / Lampiran ELand treatment facilities • AS 11 / Lampiran COff-site recovery facilities • AS 12 / Lampiran FSecure landfills • AS 13 / Lampiran AOff-site storage facilities (See Appendix 6 for List of Addresses of Immigration Department Offices) DP11 Scheduled Wastes Management Services Licences, Registrations and Approvals Operating as Scheduled Waste Operator: • At least 30% Bumiputera equity required (i) EIA Approval DOE Office (See Appendix 6 for List of Addresses of the DOE Offices) Processing Time: Two (2) Months (ii) Written Permission to Construct Treatment and Disposal Facilities of Scheduled Wastes Processing Time : Two (2) Months Processing Fee : RM 1,000 243 Environmental Management Services Application Where to Apply Form(s) Licence to Occupy and Use the Prescribed Premises DOE Office AS 1 Processing Time: Two (2) Months (See Appendix 6 for List of Addresses of the DOE Offices) Processing Fee: RM 100 (iv) Written Approval to Erect, Install, Re-site or Alter Fuel Burning Equipment and/or Incinerator DOE Office • AP/ E/ 1/ 86 for fuel burning equipment, or (See Appendix 6 for List of Addresses of the DOE Offices) • AP/ E/ 2/ INC for incinerator (v) DOSH Office • JKJ 101 (See Appendix 6 for List of Addresses of the DOSH Offices) • JKJ 105 • JKJ 106 State Local Authority • (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) A (Certification of Building/Structural Plans) • B (Notice of Commencement/ Resumption of Building Operations) • C (Notice of Completion of Setting Out) • D (Notice of Completion of Foundations) • E (Application for the Issue of Certificate of Fitness for Occupation) Register, Install and Operate Machineries & Equipments to Be Used in the Operation (for Scheduled Waste Operators) Processing Time: Two (2) to Three (3) months (vi) Certificate of Fitness for Occupation • Applicable for new buildings Processing Time: One (1) Month (vii) Business Premise and Signboard Licences Processing Time: (One) 1 Month State Local Authority Prescribed Form (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) Environmental Management Services 244 Application Where to Apply Form(s) (viii) Manufacturing Licence to Conduct Recycling Activities Malaysian Industrial Development Authority (MIDA) 5th Floor, Plaza Sentral Jalan Stesen Sentral 5 Kuala Lumpur Sentral 50470 Kuala Lumpur Tel: 603-2267 3633 Fax: 603-2267 7970 www.mida.gov.my • ICA 1 (97) (New Project) (3 copies) • ICA 3 (97) (Expansion / Diversification Project) (3 copies) MIDA • ICA 1 (97) (3 copies) (New Company) • ICA 2 (97) / ICA 3 (97) (Existing Company) • ICA 1 (97) (3 copies) (New Company) • ICA 2 (97) / ICA 3 (97) (Existing Company) Processing Time: One (1) to Two (2) Months Licence Fee: RM50 Incentives Incentives for the Storage, Treatment and Disposal in Handling of Toxic and Hazardous Wastes: • Pioneer Status with 70% tax exemption on statutory income for 5 years; or Investment Tax Allowance of 60% on qualifying capital expenditure for 5 years. Processing Time: Two (2) Months Incentives for Waste Recycling Activities: • Pioneer Status with 70% tax exemption on statutory income for 5 years; or Investment Tax Allowance of 60% on qualifying capital expenditure for 5 years. MIDA Processing Time: Two (2) Months Incentives for the Use of Environmental Protection Equipment 245 Environmental Management Services Inland Revenue Board (IRB) Corporate Management Division 10th Floor, Block 9 Government Office Complex Jalan Duta 50758 Kuala Lumpur. Tel: 603-6209 1000 Fax: 603-6201 2434 www.hasilnet.org.my Tax Return Application Where to Apply Form(s) Exemption from Import Duty and Sales Tax on Machinery and Equipment MIDA PC1 (97) (6 copies) IRB C2001 MIDA • JA1 (New Project) (3 copies) • JA2 (Expansion/ Diversification Project) (3 copies) • DP11 Processing Time: Three (3) months Accelerated Capital Allowances Expatriate Employment • Expatriate Post Processing Time: Two (2) Months • Endorsement of Employment Pass Immigration Department Head Office Processing Time: (Two) 2 Weeks Or Or Immigration Department Office (See Appendix 6 for List of Addresses of Immigration Department Offices) • IM8 & IM38 • DP8 (2 copies) Storage and Disposal of Nuclear and Radioactive Wastes Licences, Registrations and Approvals (i) • Class G Licence for Storage and Disposal of Radioactive Waste At least 30% Bumiputera equity required Processing Time: (Two) 2 Weeks Prescribed Fee: RM 15 Atomic Energy Licensing Board (AELB) Ministry of Science, Technology and Innovation (MOSTI) Batu 24, Jalan Dengkil 47800 Selangor. Tel: 603-8926 7699 603-8924 4191 Fax: www.aelb.gov.my LPTA 5 (2 copies) Environmental Management Services 246 Application Where to Apply Form(s) (ii) Approval to Install and Operate Machinery and Equipment DOSH Office JKJ 101 & 105 (iii) No Objection Letter State Government Office Processing Fee: RM 20 per hour (based on the hourly time cost of the processing officer) (See Appendix 6 for List of Addresses of DOSH Offices) Prescribed Form (See Appendix 6 for List of Addresses of State Government Offices) (iv) Business Premise and Signboard Licences Processing Time: (One) 1 Month State Local Authority Prescribed Form (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) Incentives Incentives for the Storage, Treatment and Disposal in handling of Toxic and Hazardous Wastes: • MIDA Pioneer Status with tax exemption of 70% on statutory income for 5 years; or Investment Tax Allowance (ITA) of 60% on qualifying capital expenditure for 5 years. • ICA 1 (97) (3 copies) (New Company) • ICA 2 (97) / ICA 3 (97) (Existing Company) Processing Time: Two (2) Months Exemption from Import Duty and Sales Tax on Machinery and Equipment Processing Time: Two (2) Months 247 Environmental Management Services MIDA PC1 (97) (6 copies) Application Where to Apply Form(s) MIDA • JA1 (New Project) (3 copies) • JA2 (Expansion/ Diversification Project) (3 copies) DP11 Expatriate Employment • Expatriate Post Processing Time: Two (2) Months • Endorsement of Employment Pass Immigration Department Head Office • Processing Time: (Two) 2 Weeks Or Or Immigration Department Office • IM8 & IM38 • DP8 (See Appendix 6 for List of Addresses of Immigration Department Offices) Environmental Pollution Control Consultancy Licences, Registrations and Approvals Signboard Licence State Local Authority Processing Time: (One) 1 Month (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) Prescribed Form Expatriate Employment • Employment Pass Application Immigration Department Head Office • DP10 Processing Time: (Two) 2 Weeks Environmental Management Services 248 Application Where to Apply Form(s) • Endorsement of Employment Pass Immigration Department Head Office • Processing Time: (Two) 2 Weeks Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) (See Appendix 6 for List of Addresses of Immigration Department Offices) DP11 Energy Services Company (ESCO) Licences, Registrations and Approvals Registration with the Malaysian Association of Energy Services Company (MAESCO) as an Energy Services Company (ESCO) • At least 30% Bumiputera equity required. Pusat Tenaga Malaysia Level 8, Bangunan Sapura@Mines 7, Jalan Tasik The Mines Resort City 43300 Seri Kembangan Selangor Tel: 603-8943 4300 Fax: 603-8941 1121 www.ptm.org.my ESCO Registration Form MIDA EE 2001 Incentives Incentives for Energy Conservation/ Energy Efficiency Services Projects: • Pioneer Status with 70% tax exemption on statutory income for 5 years; or Investment Tax Allowance of 60% on qualifying capital expenditure for 5 years Processing Time: Three (3) months 249 Environmental Management Services Application Where to Apply Form(s) Capital Expenditure for Energy Conservation IRB • Tax Return • Letter from the Ministry of Energy, Communications and Multimedia certifying that the related equipment is used exclusively for the purpose of energy conservation IRB • Tax Return MIDA • JA1 (New Project) (3 copies) • JA2 (Expansion/ Diversification Project) (3 copies) Immigration Department Head Office • DP10 Endorsement of Employment Pass Immigration Department Head Office • DP11 Processing Time: (Two) 2 Weeks Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) Donations for Environmental Protection Expatriate Employment • Expatriate Post Processing Time: Two (2) Months • Employment Pass Application Processing Time: (Two) 2 Weeks • (See Appendix 6 for List of Addresses of Immigration Department Offices) Environmental Management Services 250 Application Where to Apply Form(s) Energy Commission (EC) 13th Floor, Menara TH Perdana 1001, Jalan Sultan Ismail 50250 Kuala Lumpur Tel: 603-2612 5400 Fax: 603-2693 7791 www.st.gov.my RE 2001 (ii) Approval to Install and Operate Machinery and Equipment DOSH Office JKJ 101 & 105 (iii) No objection Letter State Government Office Small Renewable Energy Program (SREP) Licences, Registrations & Approvals (i) Small Renewable Energy Program (SREP) Licence • At least 30% Bumiputera equity required and foreign equity is allowed up to 30% (See Appendix 6 for List of Addresses of DOSH Offices) Prescribed Form (See Appendix 6 for List of Addresses of State Government Offices) (iv) Business Premise and Signboard Licences Processing Time: (One) 1 Month State Local Authority Prescribed Form (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) Incentives Incentives for the Use of Renewable Energy Resources: • Pioneer Status on tax exemption of 70% for 5 years; or Investment Tax Allowance of 60% on qualifying capital expenditure for 5 years. Processing Time: Two (2) Months 251 Environmental Management Services MIDA ICA1 (97) (3 copies) Application Where to Apply Form(s) MIDA • JA1 (New Project) (3 copies) • JA2 (Expansion/ Diversification Project) (3 copies) Expatriate Employment • Expatriate Post Processing Time: Two (2) Months • Employment Pass Application Immigration Department Head Office •DP10 Endorsement of Employment Pass Immigration Department Head Office • Processing Time: (Two) 2 Weeks Or Processing Time: (Two) 2 Weeks • DP11 Or Immigration Department Office (See Appendix 6 for List of Addresses of Immigration Department Offices) • IM8 & IM38 • DP8 (2 copies) Environmental Management Services 252 Chapter 14 Distributive Trade Application Where to Apply Form(s) Wholesale and Retail Trade Committee (WRTC) Domestic Trade Division Ministry of Domestic Trade & Consumer Affairs Level 4, Lot G3 Precinct 2 Federal Government Administration Centre 62623 Putrajaya. Tel: 603-8882 5500 Fax: 603-8882 5981 www.kpdnhg.gov.my WRT 1 form (2 copies) Secretary, Malaysia Pharmacy Board, Ministry of Health, Locked Bag No. 924 Post Office, Jln Sultan 46790 Petaling Jaya Tel: 603-7968 2200 Fax: 603-7968 2222 www.pharmacy.gov.my • Form 4 (2 copies) • Form AF1 • Form AF2 Hypermarket / Departmental Store / Supermarket / Specialty Outlets Licences, Registrations and Approvals (i) Establishment of Wholesale and Retail Trade • 30% Bumiputera equity required (ii) Registration of Pharmacist Fee: RM50 (new/renewal) Renewal: • Form 10 • Pharmacist’s Licence (Poison Licence Type A) [See Appendix 6 for List of Addresses of the Relevant State Health Department (Pharmacy)] 253 Distributive Trade Form PPF Pharmacy Services Division, State Health Department Form: "Permohonan untuk Lesen Jenis A/B/D/E / Permit Natrium Hidroksida/ Permit Bahan Psikotropik" Application Where to Apply Form(s) (iii) Business & Signboard Licence State Local Authority Prescribed Form Processing Time: (One) 1 Month (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) Incentives Tax Exemption on Increase Export Value Inland Revenue Board (IRB) Corporate Management Division 10th Floor, Block 9 Government Office Complex, Jalan Duta 50758 Kuala Lumpur. Tel: 603-6209 1000 Fax: 603-6201 2434 www.hasilnet.org.my Tax Return Double Deduction for the Promotion of Exports IRB DD/POE/2003 (2 copies) Single Deduction for the Promotion of Exports IRB SD/POE/2003 (2 copies) Double Deduction on Export Credit Insurance Premiums IRB Tax Return Malaysia External Trade Development Corporation (MATRADE) Trade Export Advisory & Client Services Division 7th Floor, East Wing Wisma Sime Darby Jalan Raja Laut 50350 Kuala Lumpur. Tel: 603-2616 3333 603-2694 7270 Fax: www.matrade.gov.my MITC: 1/2002 (2 copies) • Must be a policy holder of Malaysia Export Credit Insurance Berhad (MECIB) Malaysia International Trading Company (MITC) • 60% Malaysian equity required MITC: 2/2002 (2 copies) Distributive Trade 254 Application Where to Apply Form(s) Special Industrial Building Allowance for Warehouse IRB Tax Return Market Development Grant MATRADE MDG1/03 Incentive for the Implementation of RosettaNet IRB Tax return Brand Promotion Grant SMIDEC BPG 1/04 Immigration Department of Malaysia (Immigration Department Head Office) Level 3, (Podium) Block 2G4, Precinct 2, Federal Government Administration Centre 62550 Putrajaya, Tel: 603-8880 1005 Fax: 603-8880 1394 www.imi.gov.my • DP10 Endorsement of Employment Pass Immigration Department Head Office • DP11 Processing Time: (Two) 2 Weeks Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) Processing Time: One (1) Month Expatriate Employment • Expatriate Post Processing Time: (Two) 2 Weeks • (See Appendix 6 for List of Addresses of Immigration Department Office) 255 Distributive Trade Application Where to Apply Form(s) Direct Selling Unit Ministry of Domestic Trade & Consumer Affairs Domestic Trade Division Level 4, Lot G3 Precinct 2 Federal Government Administration Centre Tel: 603-8882 5500 Fax: 603-8882 5981 www.kpdnhg.gov.my Form AJL1 (2 copies) State Local Authority Prescribed Form Direct Selling Licences, Registrations and Approvals (i) Direct Selling Licence Multilevel: RM1.5M Single level: RM0.5M Mail Order: RM0.5M Foreign: RM5.0M • 30% Bumiputera equity required Fee: RM500/year (ii) Business & Signboard Licence Processing Time: (One) 1 Month (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) Incentives Tax Exemption on Increase Export Value Inland Revenue Board (IRB) Corporate Management Division 10th Floor, Block 9 Government Office Complex, Jalan Duta 50758 Kuala Lumpur. Tel: 603-6209 1000 Fax: 603-6201 2434 www.hasilnet.org.my Tax Return Double Deduction for the Promotion of Exports IRB DD/POE/2003 (2 copies) Single Deduction for the Promotion of Exports IRB SD/POE/2003 (2 copies) Double Deduction on Export Credit Insurance Premiums IRB Tax Return • Must be a policy holder of Malaysia Export Credit Insurance Berhad Distributive Trade 256 Application Where to Apply Form(s) Malaysia International Trading Company (MITC) Malaysia External Trade Development Corporation (MATRADE) Trade Export Advisory & Client Services Division 7th Floor, East Wing Wisma Sime Darby Jalan Raja Laut 50350 Kuala Lumpur. Tel: 603-2616 3333 Fax: 603-2694 7270 www.matrade.gov.my MITC: 1/2002 (2 copies) Special Industrial Building Allowance for Warehouse IRB Tax Return Market Development Grant MATRADE MDG1/03 Incentive for the Implementation of RosettaNet IRB Tax return Brand Promotion Grant SMIDEC BPG 1/04 Immigration Department Head Office • DP10 Endorsement of Employment Pass Immigration Department Head Office • DP11 Processing Time: (Two) 2 Weeks Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) • 60% Malaysian equity required MITC: 2/2002 (2 copies) Processing Time: One ( 1) Month Expatriate Employment • Expatriate Post Processing Time: (Two) 2 Weeks • (See Appendix 6 for List of Addresses of Immigration Department Office) 257 Distributive Trade Application Where to Apply Form(s) Intellectual Property Division Ministry of Domestic Trade & Consumer Affairs Level 32, Menara Dayabumi Jalan Hishamuddin 50623 Kuala Lumpur Tel: 603-2274 2100 Fax: 603-2274 1332 www.mipc.gov.my • TM 5 (New) • TM12 (Renewal) Ministry of Entrepreneurial and Cooperative Development (MECD) Franchise and Vendor Division, Level 4, Lot G6, Precinct 2 Federal Government Administration Centre 62100 Putrajaya. Tel: 603-8880 5608/ 603-8880 5607 Fax: 603-8880 5617 www.mecd.gov.my • Form 1 (BAF1) • Form 2 (BAF2) MECD • Form " Franchisor Application Form for Franchise Development Program" KPUn.FV(fr)Bil.02 / 2004 State Local Authority Prescribed Form Franchise Business Licences, Registrations and Approvals (i) Registration of Trademark/Service Mark Fee for Registration: RM250 Fee for Renewal: RM250 (ii) Registration of Franchisor Processing Fees: RM50 Registration Fee: Franchisor / Master Franchisee / Franchisee: RM1,000 Processing Time: Seventeen (17) weeks (iii) Registration for Franchise Development Program Processing Time: Twenty one (21) weeks (ii) Business & Signboard Licences Processing Time: (One) 1 Month (iii) Service Tax Licence Processing Time: (One) 1 Week (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) State Royal Customs Office JKED 1 (See Appendix 6 for List of Addresses of the Relevant State Local Authorities) Distributive Trade 258 Application Where to Apply Form(s) Perbadanan Nasional Berhad* Level 9B, Menara Dato Onn Putra World Trade Centre (PWTC) 45, Jalan Tun Ismail 50480 Kuala Lumpur. Tel: 603-2698 6670 Fax: 603-2698 6617 www.pns.com.my Form BFV:SBPF1 MECD Prescribed Form Double Deduction for the Promotion of Exports IRB DD/POE/2003 (2 copies) Single Deduction for the Promotion of Exports IRB SD/POE/2003 (2 copies) Double Deduction on Export Credit Insurance Premiums IRB Tax Return IRB Tax Return Processing Time: One (1) Month MATRADE MDG1/03 Incentive for the Implementation of RosettaNet IRB Tax Return Brand Promotion Grant SMIDEC BPG 1/04 Incentives Franchise Development Assistance Scheme Matching grant or 90% of the total cost with the maximum amount of RM100,000 *appointed by MECD to receive claims Processing Time: Twenty five (25) weeks Franchise Financing Scheme Interest rate: not exceeding BLR + 1.5% • Must be a policy holder of Malaysia Export Credit Insurance Berhad Special Industrial Building Allowance for Warehouse Market Development Grant 259 Distributive Trade Application Where to Apply Form(s) Immigration Department Head Office • DP10 Endorsement of Employment Pass Immigration Department Head Office • DP11 Processing Time: (Two) 2 Weeks Or Or Immigration Department Office • IM8 & IM38 • DP8 (2 copies) Expatriate Employment • Expatriate Post Processing Time: (Two) 2 Weeks • (See Appendix 6 for List of Addresses of Immigration Department Office) Distributive Trade 260 Chapter 15 Industrial Training Application Where to Apply Form(s) Proposal to Establish PHEIs Ministry of Higher Education Malaysia (MOHE) Department of Private Education Level 1, Block E3 Parcel E Federal Government Administration Centre Tel: 603-8883 5000 Fax: 603-8889 3836 No form is to be submitted Establish Private Higher Educational Institution (PHEI) and Conduct Courses of Study MOHE New Establishment Licences, Registrations and Approvals • 30% Bumiputera equity and not more than 20% foreign equity. • KP/JPS.IPTS (Pen)II • JPS KUR I • LAN-TC-01 (2 copies) Existing Establishment Application Fee to Conduct Courses of Study:- a. Conduct Additional Courses of Study • Degree RM3,400 • KP/JPS(Kur) II • Diploma RM2,000 • LAN-TC-01 (2 copies) • Certificate RM1,500 b. Renew Courses of Study • KP/JPS(Kur) III • LAN-TC-01 (2 copies) Processing Time to Conduct Courses of Study: Six (6) Months 261 Distributive Trade Application Where to Apply Form(s) Register as PHEI Education Department A Registration Fee: RM500 (See Appendix 6 for List of Addresses of the Education Departments) Determine Minimum Standard for Courses of Study National Accreditation Board (NAB) Level 14B, Block B Menara PKNS-PJ No.17, Jalan Yong Shook Lin 46050 Petaling Jaya. Tel: 603-7968 7002 Fax: 603-7956 9496 www.lan.gov.my • Prescribed Form • LAN-TC-01 • (4 copies for degree / 3 copies for diploma & certificate) NAB Application for Certification of Accreditation Malaysian Industrial Development Authority (MIDA) 5th Floor, Plaza Sentral Jalan Stesen Sentral 5 Kuala Lumpur Sentral 50470 Kuala Lumpur Tel: 603-2267 3633 603-2274 7970 Fax: www.mida.gov.my • T1 (95) (New) (2 copies) • T2 (95) (Existing) (2 copies) Application Fee:• Degree: RM7,500/ RM15,000* • Diploma: RM5,000 • Certificate: RM5,000 Note:*Fee for medical , pharmacy and dental degrees Processing Time: Six (6) Months Certification of Accreditation Application Fee:• Degree: RM12,500 • Diploma: RM9,500 • Certificate: RM9,500 Processing Time: Six (6) Months Incentives Incentives for Companies Providing Training Services:• Investment Tax Allowance (ITA) of 100% on Qualifying Capital Expenditure for Ten (10) Years Processing Time: Two (2) Months Distributive Trade 262 Application Where to Apply Form(s) Special Industrial Building Allowance (IBA) of 10% for Ten (10) Years Inland Revenue Board (IRB) Corporate Management Division 10th Floor, Block 9 Government Office Complex Jalan Duta 50758 Kuala Lumpur. Tel: 603-6209 1000 Fax: 603-6201 2434 www.hasilnet.org.my Tax Return Tax Exemption on Educational Equipment MIDA PC 4 (2002) (4 copies) Tax Exemption on Royalty Payments IRB Tax Return Special Capital Allowance IRB Tax Return Other IT Incentives IRB Tax Return Incentives for Multimedia Super Corridor Multimedia Development Corporation Sdn Bhd (MDC) MSC Headquarters 2360 Persiaran APEC 63000 Cyberjaya Tel: 603-8318 3000 Fax: 603-8318 8519 www.mdc.com.my Prescribed Forms MOHE • PEUP 1 (New) • PEUP2 (Extend) (2 copies) Processing Time: One (1) to Two (2) Weeks • Initial Allowance: 20% • Annual Allowance: 40% • Pioneer Status with a tax exemption of 100% for 5 years; or Investment Tax Allowance (ITA) of 100% Processing Fee: RM2,000 Expatriate Employment • Expatriate Post Processing Time: Two (2) –Three (3) Months 263 Distributive Trade Application Where to Apply Form(s) • Immigration Department of Malaysia (Immigration Department Head Office) Level 3, (Podium) Block 2G4, Precinct 2, Federal Government Administration Centre 62550 Putrajaya, Tel: 603-8880 1005 Fax: 603-8880 1394 www.imi.gov.my • Or Or Endorsement of Employment Pass Processing Time: (Two) 2 Weeks • Immigration Department Office • IM8& IM38 • DP8 (2 copies) (See Appendix 6 for List of Addresses of Immigration Department Offices) • DP11 Permit to Teach Education Department • Processing Time: Three (3) weeks (See Appendix 6 for List of Addresses of the Education Departments) KP/JPS (Permit/Guru) I (New) (2 copies) • KP/JPS (Permit/Guru) II (Extend) Distributive Trade 264 Chapter 4 Manpower for Industry 1. 2. Malaysia’s Labour Force Manpower Development 2.1 Facilities for Training in Industrial Skills 2.2 Human Resource Development Fund 2.3 Management Personnel 3. Labour Costs 4. Facilities for Recruitment 5. Labour Standards 5.1 Employment Act, 1955 5.2 The Labour Ordinance, Sabah and The Labour Ordinance, Sarawak 5.3 Employees Provident Fund Act, 1991 5.4 Employees’ Social Security Act, 1969 5.5 Workmen’s Compensation Act, 1952 5.6 Occupational Safety and Health Act, 1994 6. Industrial Relations 6.1 Trade Unions 6.2 Industrial Relations Act, 1967 6.3 Industrial Relations in Non-Unionised Establishments Chapter 4 Manpower for Industry 1. Malaysia’s Labour Force Malaysia offers the investor a labour force that is diligent, disciplined, educated and trainable. Malaysian youths who enter the labour market would have undergone at least 11 years of school education, that is, up to secondary school level, and are therefore easy to train in new techniques and skills. To cater to the demand for technically trained workers, the Malaysian Government has taken measures to increase the number of engineers, technicians and other skilled personnel graduating each year from local as well as foreign universities, colleges, and technical and industrial training institutions. In addition, Malaysia enjoys a free and competitive labour market where employeremployee relationship is cordial and harmonious. Labour costs in Malaysia are relatively low in comparison with industrialised countries while productivity levels remain high. 2. Manpower Development The National Vocational Training Council (NVTC) under the Ministry of Human Resources formulates, promotes and coordinates Malaysia’s vocational and industrial training strategy and programmes in line with the country’s technological and economic development needs. The NVTC coordinates the setting up of all public and private training institutions. It evaluates the demand for existing and future skills, identifies future vocational and industrial training needs, and continually develops the National Occupational Skill Standards (NOSS). To date, there are more than 580 NOSS covering certificate, diploma and advanced diploma levels. 2.1 Facilities for Training in Industrial Skills In Malaysia, vocational and technical schools, polytechnics and industrial training institutions prepare youths for employment in various industrial trades. While they are mostly run by government agencies, several private initiatives complement the Government’s efforts in producing skilled workers needed by industry. The main government agencies involved in training are:(i) Ministry of Human Resources which currently runs 14 industrial training institutes (ITIs). The ITIs offer industrial skills training programmes at basic, intermediate and advanced levels for pre-employment or job entry level. These include apprenticeships in the mechanical, electrical, building and printing trades as well as programmes to upgrade skills and to train instructors. The Ministry also operates the Centre for Instructors and Advanced Skills Training (CIAST), the Japan-Malaysia Technical Institute (JMTI) and four (4) Advanced Technology Centres (ADTEC). (ii) Majlis Amanah Rakyat (MARA) or the Council of Trust for the Indigenous People under the purview of the Ministry of Entrepreneur Development. MARA operates 12 skills training institutes in different parts of the country which offer programmes at basic, intermediate and advanced levels. 33 Manpower for Industry (iii) Universiti Kuala Lumpur coordinates the operations of three advanced skills training institutions, i.e. the German Malaysian Institute (GMI), British Malaysian Institute (BMI) and Malaysia France Institute (MFI). (iv) Ministry of Education which runs 82 technical schools, four vocational schools and 16 polytechnics as well as 17 community colleges to prepare skilled manpower for industries. More technical schools, polytechnics and community colleges are being planned and built. (v) Ministry of Youth and Sports which provides basic, intermediate and advanced levels of industrial skills training through its seven (7) Youth Skills Training Centres and the Youth Advanced Skills Training Centre. Short-term courses and skills upgrading programmes are also being conducted. 2.2 Human Resource Development Fund The Human Resource Development Fund (HRDF), aimed at encouraging direct private sector participation in skills development, was launched in 1993 with a grant from the Government. Based on the economic stimulus package, the HRDF has been expanded to training in the manufacturing related services sector such as logistics, market support and ICT. The HRDF operates on the basis of a levy/grant system. Employers who have paid the levy will qualify for training grants from the fund to defray or subsidise training costs for their Malaysian employees. The services sectors which contribute to HRDF are as follows:• Hotel • Air transport • Tour operating business • Telecommunications • Freight forwarding • Shipping • Postal/ Courier • Advertising • Computing services • Energy • Training • Higher education The contribution rates are as follows:Companies that employ 50 or more Malaysian workers 1% of employees’ monthly wages (ii) Companies that employ less than 50 to a minimum of 10 employees, with a paidup capital of RM2.5 million or more 1% of employees’ monthly wages (iii) Companies that employ less than 50 to a minimum of 10 of employees, with a paid-up capital of less than RM2.5 million Option of registering with the HRDF and paying a levy of 0.5% of the employees' monthly wages (i) (Note: For this category, the Government contributes RM2.00 for every RM1.00 spent.) Manpower for Industry 34 The rate of financial assistance is 100% of the allowable costs incurred for training in Malaysia and up to 50% for costs incurred overseas, subject to the availability of levies in the employer’s account with the Pembangunan Sumber Manusia Berhad (PSMB), a newly corporatised agency of the Government. For specific industries, apprenticeship schemes developed and implemented by PSMB help in providing trained workers to the industries. A RM35 million Apprenticeship Fund established by PSMB pays for the tuition fees of apprentices sponsored by employers in PSMB-initiated Apprenticeship Schemes. At the same time, 100% of allowable training costs such as apprentices’ monthly allowances, insurance premiums and consumables, can be reimbursed from levy contributions. To date, the PSMB has implemented various apprenticeship schemes in related services such as the hotel industry and IT. 2.3 Management Personnel Currently, Malaysia’s 18 public universities and colleges produce an estimated 53,000 degree holders and 22,000 diploma holders annually. More than half of these graduates are in the scientific and technical disciplines. Additionally, 20 private universities, university colleges and branch campuses of foreign universities, and various private colleges produce an estimated 8,000 degree holders and 43,000 diploma holders in various disciplines ranging from business management, IT, engineering, medicine, science and mathematics to art and design. Besides universities and colleges, agencies such as NPC, the Malaysian Institute of Management and the Malaysian Institute of Personnel Managers also provide training for management personnel. In addition, many of Malaysia’s managementlevel personnel have been educated overseas. 3. Labour Costs There is no national minimum wage law applicable to the services sector in Malaysia. Basic wage rates vary according to location and industry, while supplementary benefits, which may include bonuses, free uniforms, free or subsidised transport, performance incentives and other benefits, vary from company to company. Salaries and fringe benefits offered to management and executive personnel also vary according to the industry and employment policy of the company. Most companies provide free medical treatment, personal accident and life insurance coverage, free or subsidised transport, an annual bonus, retirement benefits and enhanced contributions to EPF. For more information on salaries and fringe benefits, investors should refer to MIDA’s brochure entitled "The Costs of Doing Business in Malaysia". 4. Facilities for Recruitment Besides registered private employment agencies, employers and job seekers can seek assistance from government employment offices located throughout the country. Employers seeking to recruit workers can obtain detailed information on job seekers registered with these employment offices whose functions include:(i) Undertaking publicity campaigns to aid employers’ recruitment drive (ii) Arranging preparatory work relating to holding interviews and aptitude tests 35 Manpower for Industry 5. Labour Standards The Department of Labour provides advisory services to employers and employees on all aspects of the labour laws in Malaysia. The service industry undertaking or establishment where any commerce, trade, profession or business is carried on that employs or is likely to employ employees, must notify the nearest Department of Labour in writing within 90 days of commencing operation. When employing a foreign employee, employers must inform the Department of Labour within 14 days. 5.1 Employment Act, 1955 The Employment Act, 1955 stipulates the minimum conditions of employment. It applies to all employees in Peninsular Malaysia and the Federal Territory of Labuan whose monthly wages do not exceed RM1,500 and all manual workers irrespective of their wages. Even so, employees who earn between RM1,500 and RM5,000 a month can still seek redress from the Department of Labour with regard to wages and any other payments in cash as stipulated in their contract of service. Under the Employment Act, 1955:(i) Every employee must be given a written contract of employment which states the terms and conditions of the employment, including the notice period required to terminate it. (ii) Wages must be paid not later than the seventh day after the last day of any wage period. A pay slip is required, detailing wages less any lawful deductions. (iii) Female employees are entitled to 60 days paid maternity leave for up to five surviving children. They shall be paid their ordinary rate of pay, subject to a minimum of RM6 per day. (iv) Normal hours of work shall not exceed eight (8) hours in one day or 48 hours in one (1) week. (v) Employees are entitled to paid holidays on at least 10 gazetted public holidays in any one (1) calendar year and on any day declared as a public holiday under Section 8 of the Holiday Act, 1951. (vi) Eight (8) days of paid annual leave for employees with less than two (2) years of service, 12 days of paid annual leave for employees with two (2) years but less than five (5) years of service, and 16 days of paid annual leave for those with five (5) or more years of service. (vii) 14 days of paid sick leave for employees with less than two (2) years of service, 18 days of paid sick leave for employees with two (2) but less than five (5) years of service and 22 days paid sick leave for those with over five (5) years of service per calendar year and where hospitalisation is necessary, up to a maximum of 60 days paid sick leave per calendar year. (viii) Payment for overtime work is at a minimum of one-and-a-half times the hourly rate of pay on normal working days, two (2) times the hourly rate on rest days and three (3) times the hourly rate on public holidays. Manpower for Industry 36 5.2 The Labour Ordinance, Sabah and The Labour Ordinance, Sarawak The Labour Ordinance, Sabah and the Labour Ordinance, Sarawak regulate the terms and conditions of employment and other employment matters in the respective states. 5.3 Employees Provident Fund Act, 1991 The Employees Provident Fund Act, 1991 stipulates a compulsory contribution for employees. Within the provision of this Act, all employers and employees, (except foreign workers), must contribute to EPF at the minimum rates of 12% and 11% of the employee’s monthly wages respectively. Both employers and employees are encouraged to contribute at a rate higher than this mandatory contribution. All employers must register their employees with the EPF immediately upon employment. However, domestic servants and employees i.e. persons who are employed to work in or are connected with work in a private dwelling as stated in the First Schedule of the Act, are exempted from contributing to EPF. Nevertheless, these workers can choose to contribute to EPF. All foreign workers and expatriates and their employers are exempted from compulsory contributions. They can, however, choose to contribute at the rate of RM5 per employee per month by the employer and 11% of monthly wages by the employee. 5.4 Employees’ Social Security Act, 1969 The Social Security Organisation (SOCSO) administers the Employment Injury Insurance Scheme and the Invalidity Pension Scheme provided under the Employees’ Social Security Act, 1969. SOCSO, however, covers only Malaysian workers and permanent residents. All establishments, including factories, employing workers earning wages not exceeding RM2,000 a month are required to insure their workers under the two social security schemes. The Employment Injury Insurance Scheme provides employees with coverage by way of cash benefits and medical care in the event of any disablement or death due to employment injury. Only the employer pays the contribution of about 1.25% of the employees’ monthly wages. The Invalidity Pension Scheme provides a 24-hour coverage to employees against invalidity and death due to any cause before attaining the age of 55 years. The 1% monthly contribution is shared equally between the employer and employee. 5.5 Workmen's Compensation Act, 1952 The Workmen’s Compensation Act, 1952 administered by the Department of Labour provides for the payment of compensation to workmen in the event of injuries arising from their employment. Where fatalities occur, the Act provides for the payment of compensation to the workers’ dependants. The Act covers private sector workers who earn less than RM500 a month and all manual workers irrespective of their wages. Malaysians and permanent residents who are covered by SOCSO are not covered by this Act. All foreign workers come under the purview of the Act in respect of compensation for employment injury as well as non-employment injury vide the Workmen’s Compensation (Foreign Workers’ Compensation Scheme) (Insurance) Order, 1998. 37 Manpower for Industry 5.6 Occupational Safety and Health Act, 1994 The Occupational Safety and Health Act, 1994 (OSHA) provides the legislative framework to promote, stimulate and encourage high standards of safety and health at work. It defines the general duties of employers, employees, the self-employed, designers, manufacturers, importers and suppliers of plant or substances, resulting in a comprehensive system to deal with the safety and health of virtually all people at work. The department responsible for its enforcement is the Department of Occupational Safety and Health (DOSH). Regulations under OSHA are:(i) Occupational Safety and Health (Employers' Safety and Health General Policy Statements) (Exception) Regulations, 1995 (ii) Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations, 1996 (iii) Occupational Safety and Health (Safety Committee) Regulations, 1996 (iv) Occupational Safety and Health (Classification, Packaging and Labelling of Hazardous Chemicals) Regulations, 1997 (v) Occupational Safety and Health (Safety and Health Officer) Regulations, 1997 (vi) Occupational Safety and Health (Prohibition of Use of Substance) Order, 1999 (vii) Occupational Safety and Health (Safety and Health Officer) Order, 1997 (viii) Occupational Safety and Health (Use of Standards of Exposure of Chemicals Hazardous to Health) Regulations, 1999 Besides OSHA, DOSH also enforces the Factories and Machinery Act, 1967 (FMA) which provides for the control of factories on matters relating to safety, health and welfare of persons as well as the registration and inspection of machinery. Certain high risk machinery must be certified and inspected by DOSH while all factories and general machinery must be registered with DOSH before installation and operation. 6. Industrial Relations 6.1 Trade Unions The Government encourages the growth of responsible trade unions and has enacted the Trade Unions Act, 1959 and the Trade Unions Regulations, 1959. These legislations require that:(i) Trade unions confine their membership to employees within any particular establishment, trade, occupation or industry (ii) All trade unions must be registered (iii) No union can organise a strike without first obtaining the consent by secret ballot of at least two-thirds of its total members (iv) All unions are inspected regularly to ensure compliance with the respective laws Manpower for Industry 38 6.2 Industrial Relations Act, 1967 The Industrial Relations Act, 1967 regulates relations between employers and workmen and their trade unions, including the prevention and settlement of trade disputes. The Act outlines the following:(i) Protection of the legitimate rights of employers and workmen and their trade unions (ii) Procedure for submission of claims for recognition and the scope of representation of trade unions and collective bargaining (iii) Matters not allowed to be included in the proposals for collective bargaining are those relating to promotion, transfer, recruitment, retrenchment, dismissal, reinstatement, allocation of duties, and prohibition of strikes and lockouts over any of these issues (iv) Emphasis on direct negotiation between employers and workmen and their trade unions to settle any differences. Where this fails, the Act provides for speedy and just settlement of trade disputes by conciliation or arbitration (v) The Minister of Human Resources can intervene and refer any trade dispute to the Industrial Court for Arbitration at any stage (vi) A prohibition of strikes and lockouts once a trade dispute has been referred to the Industrial Court and on any matter covered by a collective agreement or by an award of the Industrial Court (vii) The protection of pioneer industries during the initial years of their establishment against any unreasonable demands from a trade union. Collective agreements cannot contain more favourable terms of employment than those stipulated under the Employment Act, 1955 unless approved by the Minister of Human Resources. 6.3 Industrial Relations in Non-Unionised Establishments In a non-unionised establishment, the normal practice for settling disputes is for the employee to try to obtain redress from his supervisor, foreman or employer directly. An employee can also lodge a complaint with the Ministry of Human Resources which will then conduct an investigation. 39 Manpower for Industry Manpower for Industry 40 Chapter 5 Banking, Finance and Exchange Administration 1. The Banking System in Malaysia 1.1 The Central Bank 1.2 Financial Institutions 2. Export Credit Refinancing 2.1 2.2 2.3 2.4 3. The Securities Market in Malaysia 3.1 3.2 3.3 3.4 4. Eligibility Criteria Type of Facilities Method of Financing Period and Amount of Financing Securities Commission Bursa Malaysia Bursa Derivatives Labuan International Financial Exchange Offshore Financial Services 4.1 Labuan Offshore Financial Services Authority 4.2 Incentives for Offshore Financial Services 5. Exchange Control Practices 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 Foreign Currency Accounts of Residents Foreign Currency Accounts of Non-Residents Current Account Transactions Capital Account Transactions Inter- Company Accounts Credit Facilities in Ringgit to Non-Resident Controlled Companies Portfolio Investment External Accounts of Non-Residents Chapter 5 Banking, Finance and Exchange Administration 1. The Banking System in Malaysia The banking system, comprising the commercial banks, merchant banks, finance companies and industrial finance institutions, is the major institutional source of credit to the economic sector in Malaysia. In addition, there are also development finance institutions which provide financing especially to the industrial sector. 1.1 The Central Bank The central bank, Bank Negara Malaysia, is responsible for maintaining monetary stability and ensuring a sound financial system. Towards this, Bank Negara Malaysia regulates and supervises the Malaysian banking system, development finance institutions and insurance companies. Bank Negara Malaysia also issues the Malaysian currency (the Ringgit), acts as banker and financial adviser to the Government, administers the country’s foreign exchange control regulations, and acts as lender of last resort to the banking system. 1.2 Financial Institutions The commercial banks are the main players in the banking system. Currently, there are 10 domestic and 13 locally incorporated foreign commercial banks operating through a network of more than 1,660 branches across the country. Six (6) of these domestic banks operate a total of 42 branches overseas. In addition, 22 foreign banks maintain representative offices that provide liaison services and facilitate information between business interests in Malaysia, in their home countries as well as in those countries where they have representation but do not conduct normal banking business. A total of 10 merchant banks provide a wide range of services through 17 branches, some of which are affiliated to investment banks established overseas. Merchant banks assume a role in the short-term money market and capital raising activities including underwriting, loans syndication, corporate finance and management advisory services, arranging for the issue and listing of shares, as well as investment portfolio management. There are also two (2) Islamic banks in Malaysia which provide conventional banking services based on Islamic principles. The first to be established, Bank Islam Malaysia Berhad, operates through its network of 85 branches throughout the country, while the more recently established Bank Muamalat Malaysia Berhad has a total of 46 branches. To complement their services, 13 commercial banks also offer products and services under the Islamic banking scheme. In addition to the commercial banks, 10 finance companies, through their 730 branches, accept savings and fixed deposits and provide hire purchase financing, consumer finance, housing loans and leasing transactions. 43 Banking, Finance and Exchange Administration There are also seven (7) discount houses in Malaysia that specialise in short-term money market operations and mobilise deposits from financial institutions and corporations. They are permitted to invest funds in treasury bills, government securities, banker’s acceptances, negotiable instruments of deposit and private debt securities, and accept short-term funds. In addition, there are 399 scheduled institutions comprising building credit companies, credit token companies, factoring companies and leasing companies that provide credit and financing facilities to the public. Malaysia has several development finance institutions (DFIs) that specialise in providing medium to long-term loans, equity capital and guarantees for loans. DFIs also provide consulting and advisory services in the identification and development of new projects, besides financial, technical and managerial advice and assistance. DFIs maintain their role as niche providers of financing for the agriculture, infrastructure, shipping, manufacturing and export sectors. The Export and Import Bank of Malaysia (Exim Bank) finances and facilitates Malaysia's foreign trade and investments, concentrating on medium to long-term credit for Malaysian exporters and investors as well as buyers of Malaysian goods. Another institution, Malaysian Export Credit Insurance Berhad (MECIB), offers export insurance cover and guarantees. 2. Export Credit Refinancing (ECR) Malaysian exporters can make use of export credit refinancing (ECR) facilities which provide short-term credit at competitive interest rates to direct/indirect exporters through the commercial banks. An exporter who wishes to use the ECR facility should obtain access to the ECR facility from the Exim Bank which then arranges for an ECR credit line with his ECR bank. 2.1 Eligibility Criteria The ECR facility is available to direct exporters (manufacturing companies/agricultural product producers/trading companies) and indirect exporters (suppliers of domestic inputs). The products to be exported must not be listed under the First Schedule of Customs Duties Order (list of goods which is prohibited to be exported). 2.2 Type of Facilities (i) The pre-shipment ECR facility is a loan advanced prior to shipment to manufacturing companies to facilitate the production of eligible goods or to trading companies for the purchase of intermediate/finished goods for export. (ii) The post-shipment ECR facility enables Malaysian exporters to obtain immediate funds once eligible goods are sold on sight/usance credit terms. 2.3 Method of Financing Two (2) methods of financing are available for exporters under the pre-shipment ECR i.e. the order-based method and certificate of performance (CP) method. Under the order-based method, the pre-shipment ECR financing is advanced to direct exporters against the purchase orders received from their buyers. Banking, Finance and Exchange Administration 44 The CP method is an alternative available only to direct exporters who are consistently exporting at least RM1 million of eligible goods annually. The method of financing under the post-shipment ECR facility is through bills discounting. Exporters should submit a full set of export documents to the ECR bank to create a post-shipment bill to enable it to be discounted at the Exim Bank. 2.4 Period and Amount of Financing The maximum period of financing is four (4) months and six (6) months for preshipment ECR and post-shipment ECR respectively. For order-based shipments, exporters can obtain financing of 95% of the value of their export order, while with a certificate of performance, manufacturers and traders can obtain 80% and 90% respectively of their value of exports in the preceding 12 months. The minimum amount for financing is RM10,000 and the maximum is RM50 million, with a minimum drawdown of RM2,000. The exporter may request for an additional amount of financing from the Exim Bank with the recommendation of the commercial bank. 3. The Securities Market in Malaysia 3.1 Securities Commission The Securities Commission (SC) established in 1993, encourages the development of the securities and futures markets in Malaysia. In addition, the SC regulates the capital market pursuant to the Securities Commission Act, 1993, Securities Industry Act, 1983, Futures Industry Act, 1993 and Securities Industry (Central Depositories) Act, 1991. The SC is a self-funding statutory body with investigative and enforcement powers and reports to the Minister of Finance. The SC is the registering authority for the prospectus of corporations other than unlisted recreational clubs as well as the approving authority for corporate bond issues. The SC regulates all matters relating to securities and futures contracts, take-overs and mergers of companies and unit trust schemes. It is also responsible for licensing and supervising all licenced persons, exchanges, clearing houses and central depositories besides encouraging self-regulation and ensuring proper conduct of market institutions and licenced persons. 3.2 Bursa Malaysia The first formal stock exchange, the Malayan Stock Exchange, was set up in 1960 with two (2) trading rooms, one in Singapore and the other in Kuala Lumpur. With the separation of Singapore from Malaysia in 1965, the Stock Exchange of Malaysia and Singapore (SEMS) was established. In 1973, SEMS was separated into the Kuala Lumpur Stock Exchange Berhad (KLSEB) and the Stock Exchange of Singapore. The Kuala Lumpur Stock Exchange (KLSE) took over the operations of KLSEB in 1976. KLSE vested and transferred its exchange business to a wholly-owned subsidiary, Bursa Malaysia Securities Berhad whilst the demutualised KLSE became the exchange holding company known as Bursa Malaysia Berhad (Bursa Malaysia) with effect from 20 April 2004. 45 Banking, Finance and Exchange Administration Bursa Malaysia is a front-line regulator and market operator for exchange traded securities and derivatives. It has its M&A and rules which govern the conduct of its participating organisations and trading participants in securities and derivatives dealings respectively. It is also responsible for the surveillance of the marketplace, and for the enforcement of its listing requirements which spell out the criteria for listing, disclosure requirements and standards to be maintained by listed companies. Bursa Malaysia today is one of the largest bourses in ASEAN, with 953 companies (as at 19 November 2004) listed either on the Main Board, Second Board or MESDAQ Market. 3.3 Bursa Derivatives Bursa Malaysia Derivatives Berhad (Bursa Derivatives), formerly known as Malaysia Derivatives Exchange Berhad, operates the derivatives market. It was formed from the consolidation of the financial futures and commodities futures exchanges and provides investors with hedging instruments and currently offers commodities, financial and equity-related futures. Products available are KLCI Futures and Options, Kuala Lumpur Interbank Offered Rate (KLIBOR), Interest Rate Futures, 3-year, 5-year and 10-year Malaysian Government Securities Futures, Crude Palm Oil Futures and Crude Palm Kernel Oil Futures. 3.4 Labuan International Financial Exchange The Labuan International Financial Exchange (LFX), an offshore financial exchange based in Labuan, was established in November 2000. It is the only international exchange with full-fledged listing and trading facilities in an International Offshore Financial Centre (IOFC) in Asia. LFX offers trading facilities that cater for a wide range of multi-currency financial instruments in an offshore environment. These instruments can be based on conventional or Islamic based principles. LFX offers web-based trading and on-line submission of documents, including equity and debt instruments, bonds, asset backed securities and mutual funds. Instruments that are currently listed include 13 conventional bond issues, five (5) investment funds and five (5) Islamic notes. In terms of regulatory structure, LFX is governed by its Rules and Regulations as approved under the Labuan Offshore Securities Industry Act 1998 (LOSIA). The custodian of LOSIA is the Labuan Offshore Financial Services Authority. 4. Offshore Financial Services 4.1 Labuan Offshore Financial Services Authority The Labuan Offshore Financial Services Authority (LOFSA) is a regulatory body that spearheads and coordinates efforts to promote and develop Labuan as an IOFC. It streamlines the government machinery for supervising the activities and operations of the offshore financial services industry, undertakes research and development work, and plans the growth and promotion of IOFC. Banking, Finance and Exchange Administration 46 Incorporation and registration of companies fall under the purview of LOFSA. LOFSA also oversees the LFX and Labuan’s offshore industries such as banking, insurance, securities, and trust and fund management. Labuan IOFC is not subject to the exchange control rules and regulations of Malaysia. As such, the offshore business in Labuan is virtually unaffected by the country’s exchange control measures. This is because the nature of offshore business in Labuan is basically foreign currency-based and not Ringgit-based. Over 3,500 offshore companies have set up operations in Labuan, including trust companies, banks, insurance and insurance-related companies, and fund management and leasing companies. 4.2 Incentives for Offshore Financial Services Offshore trading activities include banking, insurance, trading, management, licensing, or any other activity which is not an offshore non-trading activity but does not include shipping operations. Offshore non-trading activities refer to activities relating to the holding of investments in securities, stocks, shares, loans, deposits and immovable properties by an offshore company on its own behalf and will not be subject to tax. (i) Minimum Tax An offshore company carrying on an offshore trading activity can opt to pay tax each year at the rate of 3% of its net audited profits or a fixed sum of RM20,000 a year. An offshore company carrying on an offshore non-trading activity for the basis period for a year of assessment is not subject to tax for that year of assessment. An offshore company which has no basis period for a year of assessment is taxed a fixed rate of RM20,000 for that year of assessment. (ii) Abatement of Tax for Professional Services Any person (including a company or its employee) rendering qualifying professional services to an offshore company in Labuan is exempted from income tax for up to 65% of the statutory income from that source until the year of assessment 2004. This includes legal, accounting, financial and secretarial services, and those provided by a trust company as defined in the Labuan Trust Companies Act, 1990. (iii) Abatement of Tax for Employment Non-citizens employed in a managerial capacity in an offshore company in Labuan enjoy an income tax exemption for up to 50% of their gross income until the year of assessment 2004. (iv) Other Tax Exemptions The following exemptions are available under the Income Tax Act, 1967:- 47 For dividends received by an offshore company, no refund or set-off applies to the tax deducted for such dividend Banking, Finance and Exchange Administration - For dividends paid by an offshore company out of income from offshore business activity income or exempt income, such dividends will be paid gross without any tax deducted at source - Dividends paid to shareholders of a domestic company, out of dividends received from an offshore company - Distributions by an offshore trust - Royalties paid by an offshore company to a non-resident person or another offshore company. Such royalties are also exempted from withholding tax - Interests received from an offshore company by a non-resident person (other than interest accruing to a business carried on by a non-resident person in Malaysia where that non-resident person is licenced to carry on a business under the Banking and Financial Institution Act, 1989, the Islamic Banking Act, 1983, the Insurance Act, 1963 or the Takaful Act, 1983) or another offshore company - Interests received from an offshore company by a resident person (other than interests accruing to a business carried on by a non-resident person in Malaysia where that non-resident person is licenced to carry on a business under the Banking and Financial Institution Act, 1989, the Islamic Banking Act, 1983, the Insurance Act, 1963 or the Takaful Act, 1983) or another offshore company - Technical or management fees paid by an offshore company to a non-resident or another offshore company - Lease rentals paid to non-resident persons in respect of the income arising from the use of moveable property by an offshore company licenced to carry leasing business in Labuan. (v) Stamp Duty Exemption Offshore business transactions by an offshore company (including M&A of an offshore company and transfer of shares in an offshore company) are exempted from stamp duty. 5. Exchange Control Practices Following the achievement of its objective of restoring stability in the domestic financial markets, Malaysia's selective exchange control measures have been progressively relaxed. The final major relaxation was the removal of the levy system on portfolio investment in May 2001. Since then, there is complete free movement of funds for all foreign investment in Malaysia, including the equity market. Regulations on capital flows are liberal with policies aimed at monitoring the settlement of payments and receipts as well as encouraging the use of the country's saving for productive purposes. For monitoring and compiling balance of payments statistics, residents are required to complete statistical forms, Form P and Form R, for each payment and receipt respectively of more than RM50,000 vis-à-vis nonresidents. Banking, Finance and Exchange Administration 48 Payments for overseas investment including extension of a loan to a non-resident continue to require prior approval if the amount exceeds the equivalent of RM10,000. Approval requirements for large inflows and outflows are mainly for prudential reasons to ensure financial stability. All regulations are applied uniformly to transactions with all countries, except Israel, Serbia and Montenegro for which special restrictions apply. Exchange control regulations are also applied, where appropriate, to prevent recourse to the Malaysian banking system for money laundering and financing of terrorist activities. The main features of Malaysia’s exchange control rules are as follows:- 5.1 Foreign Currency Accounts of Residents Resident exporters can open foreign currency accounts with onshore commercial banks other than licensed offshore banks in Labuan to retain export proceeds in foreign currency between USD1 million and USD50 million depending on their export receipts. In addition, upon attaining the maximum limit of the permitted overnight balance of the export foreign currency accounts (export FCA), resident exporters may retain 10% of subsequent export proceeds repatriated to Malaysia in the export FCA, provided the aggregate overnight limit does not exceed the overnight limit of the next higher threshold. For resident exporters who are eligible to retain export proceeds up to the general permissible USD50 million limit, the maximum additional amount they are able to retain is USD20 million. The balance of 90% must be sold to authorised dealers for Ringgit. The limits on the overnight balance of the export FCA are as follows:Aggregate Overnight Limit (USD million) Limit Including 10% Accumulation (USD million) 50 Average Monthly Export Receipts Exceeding RM100 million 70 30 50 Exceeding RM50 million up to RM100 million 30 Exceeding RM20 million up to RM50 million 10 Exceeding RM10 million up to RM20 million 5 Exceeding RM5 million up to RM10 million 3 Not exceeding RM5 million or new exporters 10 5 3 1 Resident companies with domestic credit facilities can open foreign currency accounts to retain foreign currency receivables, other than export proceeds, up to an aggregate overnight balance equal to USD500,000 with commercial banks in Malaysia and USD500,000 with licenced offshore banks in Labuan. 49 Banking, Finance and Exchange Administration Residents without domestic credit facilities can open foreign currency accounts with onshore commercial banks and the overseas branches of Malaysian-owned banks to retain foreign currency receivables, other than export proceeds, with no limit on the overnight balances. Resident individuals can also open foreign currency accounts for overseas education and employment up to an aggregate overnight balance of USD100,000 with commercial banks in Malaysia, USD100,000 with licenced offshore banks in Labuan and USD50,000 with overseas banks. 5.2 Foreign Currency Accounts of Non-Residents Commercial banks and merchant banks are at liberty to open foreign currency accounts for non-residents. There is no restriction on the movement of funds through these accounts. 5.3 Current Account Transactions (i) Payment for Import of Goods and Services There is no restriction on payments to non-residents for the import of goods and services. However, payments must be made in foreign currency (other than the currencies of Israel, Serbia and Montenegro). (ii) Export proceeds Export proceeds must be repatriated in full to Malaysia in foreign currency according to the payment schedule of the sales contract, which in any case should not be later than six (6) months from the export date. Proceeds must then be sold for Ringgit or retained in approved foreign currency accounts with onshore commercial banks up to an aggregate overnight limit of between USD1million and USD50 million. For exports where the value exceeds RM100,000 f.o.b. per shipment, exporters have to submit a simple form (Form KPW X) to Customs authorities at the time of shipment, unless the transaction is declared through the Electronic Data Interchange (EDI) system. 5.4 Capital Account Transactions (i) Foreign Direct Investment Foreign direct investors are freely allowed to invest in the equity market and to repatriate their investments, i.e. capital, profits, dividends and interests. (ii) Investment Abroad by Residents Residents must seek prior approval from the Controller of Foreign Exchange to remit funds in excess of RM10,000 equivalent for investment overseas. Banking, Finance and Exchange Administration 50 (iii) Credit Facilities from Non-Residents Residents are free to obtain credit facilities in foreign currency up to the equivalent of RM5 million in aggregate from licenced banks, merchant banks and nonresidents, while credit facilities exceeding that limit require prior permission from the Controller of Foreign Exchange. However, residents cannot obtain credit facilities in Ringgit from non-residents without the prior approval of the Controller. For credit facilities in foreign currency obtained that are the equivalent of between RM1 million and RM5 million, residents are only required to provide the Controller of Foreign Exchange with information on the credit facilities. No restriction exists with regard to the repayment of credit facilities obtained from non-residents as long as such facilities comply with the relevant exchange control rules. (iv) Extension of Credit Facilities to Non-Residents Commercial banks can freely extend credit facilities in foreign currency to nonresidents for any purpose except for the purchase of land in Malaysia. Resident financial institutions are also allowed to extend Ringgit credit facilities to nonresidents as follows:(v) Ringgit Property Loans Resident financial institutions are allowed to extend Ringgit credit facilities to nonresidents to finance the acquisition or development of properties in Malaysia not exceeding a maximum of three property loans, subject to their own internal credit assessment guidelines. In the event that a non-resident individual has obtained one housing loan extended by a resident company pursuant to the terms and conditions of service for the purchase of property in Malaysia, resident financial institutions may only extend up to a maximum of two property loans in aggregate. The property financed by the loans may not be for the non-resident’s own use. All purchases are subject to the guidelines issued by the Foreign Investment Committee (FIC). (vi) Other Ringgit Facilities A non-resident can also obtain credit facilities to purchase vehicles in Malaysia for his own use. In addition, banking institutions can extend credit facilities in Ringgit up to an aggregate of RM200,000 for any other purpose other than the purchase of land only. The prior approval of the Controller of Foreign Exchange is required for the extension of credit facilities exceeding the limit. Banking institutions may also extend to non-residents Ringgit overdraft facilities not exceeding RM500,000 in aggregate provided they are secured by fixed deposits placed by the non-resident customer with the lending institutions. 51 Apart from the above, banking institutions may also extend credit facilities in Ringgit up to the aggregate of RM5 million to a non-resident to finance a project undertaken in Malaysia. The project may be undertaken by the non-resident individually or jointly with residents and/or non-residents. The total amount of credit facilities should not exceed the contract value of the project undertaken by the non-resident. Banking, Finance and Exchange Administration Resident stock broking companies can extend margin financing facilities to nonresident clients for purchasing share listed on Bursa Malaysia subject to compliance with its rules. Insurance companies in Malaysia may extend policy loans in Ringgit to their nonresident insurance policy holders subject to the conditions that the amount should not exceed the attained cash surrender value at any time and the tenure of the loan should not exceed the duration of the insurance policy. 5.5 Inter-Company Accounts A resident company is free to operate one (1) or more inter-company accounts with any non-resident company, subject to the requirement that a statement (Statement IA) is submitted to the Controller of Foreign Exchange within 10 days from the end of each month. However, the Controller of Foreign Exchange’s prior consent is necessary to maintain inter-company accounts with entities in or in the currencies of Israel, Serbia and Montenegro. Inter-company settlements should also be made in foreign currency other than the currencies of Israel, Serbia and Montenegro. These inter-company accounts exclude proceeds from the export of Malaysian goods and proceeds from loans extended to the Malaysian company. Resident companies are required to obtain prior permission from the Controller of Foreign Exchange to offset export proceeds through the inter-company accounts against any other payables to overseas companies. Inter-company settlements should also be made in foreign currency other than the currencies of Israel, Serbia and Montenegro. 5.6 Credit Facilities in Ringgit to Non-Resident Controlled Companies A resident can extend credit facilities in Ringgit to a Non-Resident Controlled Company (NRCC) operating in Malaysia up to an aggregate limit of RM50 million per corporate group, and any amount of short-term trade financing where the tenure does not exceed 12 months. For domestic borrowings not exceeding RM50 million in aggregate, the NRCC need not obtain the prior approval of the Controller of Foreign Exchange. The 3:1 gearing ratio, where the NRCC's total domestic debt should not exceed three (3) times its total eligible capital funds, also does not apply. Where the NRCC’s total domestic borrowing exceeds RM50 million, the 3:1 gearing ratio applies. However, the computation of domestic debt for the 3:1 gearing ratio requirement would be based on the NRCC's domestic debt in excess of RM50 million only. Generally, NRCCs can raise domestic credit facilities through the issuance of Private Debt Securities regardless of the amount, as stated in the Exchange Control Guideline on Private Debt Securities. However, the 3:1 gearing ratio requirement must be complied with. The proceeds from Private Debt Securities must be utilised for purposes which will benefit the Malaysian economy. The prior approval of the Controller of Foreign Exchange must be obtained if the proceeds are to be used to finance investments abroad and/or for refinancing offshore borrowings. Banking, Finance and Exchange Administration 52 5.7 Portfolio Investment Non-residents are freely allowed to move their funds in and out of the country for portfolio investment purposes. However, repatriation of funds arising from the sale of Ringgit assets, dividends, interest, commission and fees must be made in foreign currencies. 5.8 External Accounts of Non-Residents Financial institutions can open accounts for non-residents in Ringgit. These are known as External Accounts. There is no restriction on the operation of the Ringgit accounts of non-residents working in Malaysia, non-residents studying in Malaysia, central banks, embassies, consulates, high commissions, and supranational or international organisations recognised by the Malaysian Government. 53 Banking, Finance and Exchange Administration Banking, Finance and Exchange Administration 54 Chapter 6 Intellectual Property Protection 1. Patents 2. Trade Marks 3. Industrial Design 4. Copyright 5. Layout Design of Integrated Circuit 6. Geographical Indications Chapter 6 Intellectual Property Protection Intellectual property protection in Malaysia comprises patents, trademarks, industrial designs, copyrights, geographical indications and layout designs of integrated circuits. Malaysia is a member of the World Intellectual Property Organization (WIPO) and a signatory to the Paris Convention and Berne Convention which govern these intellectual property rights. In addition, Malaysia is also a signatory to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) signed under the auspices of the World Trade Organization (WTO). Therefore, Malaysia’s intellectual property laws are in conformance with international standards and provide adequate protection to both local and foreign investors. 1. Patents The Patents Act, 1983 and the Patents Regulations, 1996 govern patent protection in Malaysia. An applicant may file a patent application directly if he is domiciled or resident in Malaysia. A foreign application can only be filed through a registered patent agent in Malaysia acting on behalf of the applicant. Similar to legislations in other countries, an invention is patentable if it is new, involves an inventive step and is industrially applicable. In accordance with TRIPS, the Patent Act stipulates a protection period of 20 years from the date of filing of an application. Under the Act, the utility innovation certificate provides for an initial duration of 10 years protection from the date of filing of the application. The owner of a patent has the right to exploit the patented invention, to assign or transmit the patent, and to conclude a licensed contract. 2. Trade Marks Trade mark protection is governed by the Trade Marks Act, 1976 and the Trade Marks Regulations, 1997. The Act provides protection for registered trade marks and service marks in Malaysia. Once registered, no person or enterprise other than its proprietor or authorised users may use them. Infringement action can be initiated against abusers. The period of protection is ten years, renewable for a period of every 10 years thereafter. The proprietor of the trade mark or service mark has the right to deal or assign as well as to licence its use. In accordance with TRIPS, Malaysia prohibits the registration of well-known trademarks by unauthorised persons and provides for border measures to prohibit counterfeit trademarks from being imported into Malaysia. As with patents, while local applicants may file applications on their own, foreign applicants will have to do so through authorised agents. 3. Industrial Designs 57 Industrial design protection in Malaysia is governed by the Industrial Designs Act, 1996 and Industrial Designs Regulations, 1999. The Act provides the rights of registered industrial designs as that of a personal property capable of assignment and transmission by operation of the law. Intellectual Property Protection To be eligible for registration, industrial designs must be new and do not include a method of construction or design that are dictated solely by function. In addition, the design of the article must not be dependent upon the appearance of another article of which it forms an integral part. Local applicants can file registrations individually or through a registered industrial designs agent. However, foreign applicants will need to seek the services of a registered industrial designs agent. Registered industrial designs are protected for an initial period of five (5) years which may be extended for another two 5-year terms, providing a total protection period of 15 years. 4. Copyrights The Copyright Act, 1987 provides comprehensive protection for copyrightable works. The Act outlines the nature of works eligible for copyright (which includes computer software), the scope of protection, and the manner in which the protection is accorded. There is no registration of copyright works. Copyright protection in literary, musical or artistic works is for the duration of the life of the author and 50 years after his death. In sound recordings, broadcasts and films, copyright protection is for 50 years after the works are first published or made. The Act also provides protection for the performer’s rights in a live performance which shall continue to subsist for fifty years from the beginning of the calendar year following the year in which the live performance was given. A unique feature of the Act is the inclusion of provisions for its enforcement. A special team of officers is appointed to enforce the Act and empowered to enter premises suspected of having infringing copies and to search and seize infringing copies and contrivances. 5. Layout Design of Integrated Circuits The Layout Design of Integrated Circuit Act, 2000 provides for the protection of layout designs of integrated circuits based on originality, creator’s own invention and the fact that the creation is freely created. There is no registration for the layout design of an integrated circuit. The duration of protection is 10 years from the date of its commercial exploitation or 15 years from the date of creation if not commercially exploited. The Act also allows for action to be taken by the owner if such a right recognised under the Act has been infringed. The rights can also be transferred either partly or wholly by way of assignment, licence, wills or through the enforcement of law. The Act is implemented in compliance with the TRIPS agreement to provide a guarantee to investors in Malaysia’s electronics industry and to ensure the growth of technology in the country. Intellectual Property Protection 58 6. Geographical Indications The Geographical Indications Act, 2000 provides protection upon registration to goods following the name of the place where the goods are produced. This protection is applicable to goods such as wine, agricultural products and handicraft. Geographical indications which are contrary to public order or morality shall not be protected under the Act. Actions, penalties and remedies concerning infringement of geographical indications are similar to those applicable for trade marks. For further information on intellectual property protection, please contact the Ministry of Domestic Trade and Consumer Affairs (MDTCA). 59 Intellectual Property Protection Intellectual Property Protection 60 Chapter 7 Environmental Protection 1. Environmental Policy 2. Environmental Requirements 2.1 2.2 2.3 2.4 2.5 EIA for Prescribed Activities Site Suitability Evaluation for Non-Prescribed Activities Licence to Occupy Premises Emission and Effluents Standards Control on Ozone Depleting Substances Chapter 7 Environmental Protection To promote environmentally sound and sustainable development, the Malaysian Government has established the legal and institutional framework for environmental protection. Investors are encouraged to consider environmental factors during the early stages of their project planning. Aspects of pollution control include making possible modifications in the process line to minimise waste generation, viewing pollution prevention as part of the production process, and focusing on recycling options. 1. Environmental Policy The National Policy on the Environment aims at the continued economic, social, and cultural progress of Malaysia and enhancement of the quality of life of its people through environmentally sound and sustainable development. The Policy aims at achieving:- A clean, safe, healthy and productive environment for present and future generations - The conservation of the country's unique and diverse cultural and natural heritage with effective participation by all sectors of society - A sustainable lifestyle and pattern of consumption and production Malaysia's national environmental policy focuses on:- 63 - Exercising respect and care for the environment in accordance with the highest moral and ethical standards - Conserving the natural ecosystem to ensure the integrity of biodiversity and life support systems - Ensuring continuous improvement in the productivity and quality of the environment while pursuing economic growth and human development objectives - Managing natural resource utilisation to sustain the resource base and prevent degradation of the environment - Integrating environmental dimensions in the planning and implementation of the policies, objectives and mandates of all sectors to protect the environment - Strengthening the role of the private sector in environmental protection and management - Ensuring the highest commitment to environmental protection and accountability by all decision-makers in the public and private sectors, resource users, non-governmental organisations and the general public in formulating, planning and implementing their activities - Participating actively and effectively in regional and global efforts towards environmental conservation and enhancement Environmental Protection 2. Environmental Requirements The Environmental Quality Act, 1974 and its accompanying regulations call for environmental impact assessment, project siting evaluation, pollution control, monitoring and self-enforcement. Prior to project implementation, the following approvals from DOE are required:(i) Environmental impact assessment (EIA) for Prescribed Activities, or (ii) Site suitability evaluation for Non-Prescribed Activities (iii) Licence to occupy premises 2.1 EIA for Prescribed Activities EIA is required for the following activities prescribed under the Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order, 1987. (i) Agriculture - Land development schemes covering an area of 500 hectares or more to convert forest land for agricultural production - Agricultural programmes necessitating the resettlement of 100 families or more - Development of agricultural estates covering an area of 500 hectares or more involving changes in the type of agricultural use (ii) Fisheries - Construction of fishing harbours - Harbour expansion involving an increase of 50% or more in fish landing capacity per annum - Land-based aquaculture projects involving the clearing of mangrove swamp forests covering an area of 50 hectares or more (iii) Industry - Chemicals Where the production capacity of each product or of combined products is greater than 100 tonnes per day - Petrochemicals All sizes - Non-ferrous Primary smelting of aluminium (all sizes), primary smelting of copper (all sizes), and primary smelting which produces 50 tonnes per day and above of other products Environmental Protection 64 - Non-metallic Cement: for clinker throughput of 30 tonnes per hour and above; lime: 100 tonnes per day and above for burnt lime rotary kiln or 50 tonnes per day and above for vertical kiln - Iron and Steel Requirement of iron ore as raw material for production greater than 100 tonnes per day, or using scrap iron as raw material for production greater than 200 tonnes per day - Shipyards Dead weight tonnage greater than 5,000 tonnes - Pulp and Paper Industry Production capacity greater than 50 tonnes per day (iv) Petroleum - Oil and gas field development - Construction of off-shore and on-shore pipelines in excess of 50 kilometres in length - Construction of oil and gas separation, processing, handling and storage facilities - Construction of oil refineries - Construction of product depots for the storage of petrol, gas or diesel (excluding service stations) that are located within three kilometres of any commercial, industrial or residential areas and that have a combined storage capacity of 60,000 barrels or more (v) Resort and Recreational Development - Construction of coastal resort facilities or hotels with more than 80 rooms - Hill station resort or hotel development covering an area of 50 hectares or more - Development of tourist or recreational facilities in national parks - Development of tourist or recreational facilities or islands in surrounding waters which are gazetted as national marine parks (vi) Wastes Treatment and Disposal Toxic and Hazardous Wastes 65 - Construction of on-site incineration plant - Construction of off-site recovery plant - Construction of off-site wastewater treatment plant - Construction of on-site storage facility, and - Construction of secure landfill facility All off-site treatment and disposal (incineration, wastewater treatment, storage and secure landfill) of scheduled wastes are not allowed until after 17 December 2010 with the signing of the concession agreement between the Government of Malaysia and Kualiti Alam Sdn Bhd. Environmental Protection 2.2 Site Suitability Evaluation for Non-Prescribed Activities Site suitability is evaluated based on the compatibility of the project with respect to the gazetted structure or local plans, surrounding land-use, provision of set-backs or buffer zones, capacity of the area to receive additional pollution load, and waste disposal requirements. The DOE produces a brochure, "Guidelines for the Siting and Zoning of Industries" specifying the details on the appropriate buffer zone for each specific industry category. For potentially hazardous industries, the applicant may be required to submit a risk analysis to DOE as part of the site consideration. Any person intending to carry out activities as listed below must obtain prior permission from DOE:(i) New installations near dwelling areas as detailed out in Regulation 4 and First Schedule of the Environmental Quality (Clean Air) Regulations, 1978 (ii) Construction of any building or carrying out of any work that may result in a new source of effluent or discharge as stipulated under Regulation 4, Environmental Quality (Sewerage and Industrial Effluents) Regulations, 1979 (iii) A factory which is categorised as a prescribed premise, namely, crude palm oil mills and raw natural rubber processing mills, and treatment and disposal facilities of scheduled wastes Applicants should obtain prior written approval from DOE as stipulated in Regulations 36 and 38, Environmental Quality (Clean Air) Regulations, 1978 for any erection (including incinerators), installation, resiting or alteration of fuel burning equipment that is rated to consume pulverised fuel or solid fuel at 30 kg or more per hour, or liquid or gaseous fuel at 15 kg or more per hour. 2.3 Licence to Occupy Premises A licence is required to occupy and operate prescribed premises. Applications for the licence shall be made after obtaining permission and/or approval (as mentioned in 2.3 and 2.4). Licensing fees apply for every licence issued for palm oil and raw natural rubber processing mills and facilities for the treatment and disposal of scheduled wastes. 2.4 Emission and Effluent Standards Industries are required to comply with both air emission and effluent discharge standards which are regarded as acceptable conditions allowed in Malaysia, as stipulated in the Environmental Quality (Clean Air) Regulations, 1978 and the Environmental Quality (Sewerage and Industrial Effluents) Regulations, 1979. 2.5 Control on Ozone Depleting Substances (ODS) Ozone Depleting Substances (ODS) are categorised as environmentally hazardous substances under the Environmental Quality (Refrigerant Management) Regulation, 1999 and the Environmental Quality (Halogen Management) Regulation, 1999. New investments relating to the use of these substances are prohibited. Environmental Protection 66 SECTION 2 Specific Policies, Incentives and Guidelines for Key Services Supporting the Manufacturing Sector This section sets out the specific policies, incentives and specific for the following key services supporting the manufacturing sector: 1. 2. 3. 4. 5. 6. 7. 8. Business Support Services Research and Development (R&D) Logistics Services Specialised Technical Support Services Information and Communication Technology Environmental Management Services Distributive Trade Industrial Training As the policies, incentives and guidelines for the above key services are specific to the respective sectors, information from this section should be cross-referred with those in Section 1 General Policies, Incentives and Guidelines. Chapter 8 Business Support Services 1. Operational Headquarters (OHQs) 1.1 1.2 1.3 1.4 1.5 2. International Procurement Centres (IPCs)/ Regional Distribution Centres (RDCs) 2.1 2.2 2.3 2.4 2.5 3. Approvals for OHQ Status, Incentives and Other Benefits Equity Requirements Incentives Other Benefits Expatriate Employment Approvals for IPC/RDC Status Equity Requirements Incentives Other Benefits Expatriate Employment Representative/Regional Offices 3.1 Equity Requirements 3.2 Incentives 3.3 Expatriate Employment 4. Foreign Branch Offices 4.1 Procedure to Establish a Branch Office 4.2 Equity Requirements 4.3 Expatriate Employment 5. Market Support Services 5.1 5.2 5.3 5.4 5.5 Approvals for Establishment Equity Requirements Incentives Other Incentives and Financial Assistance Expatriate Employment Chapter 8 Business Support Services The Government offers various incentives and assistance to investors to set up the following business support services operations in Malaysia:- Operational Headquarters (OHQs) - Regional Distribution Centres (RDCs) - International Procurement Centres (IPCs) - Regional/Representative Offices - Branch Offices - Market Support Services (MSS) The other business support services consist of legal, accounting, engineering consultancy, architecture, marketing and business consultancy services; office services; construction management, building management and plantation management services; private health, education, publishing and ICT services. 1. Operational Headquarters An OHQ generally refers to a company that provides support services to its offices or related companies regionally and globally. A company that establishes an OHQ in Malaysia can be considered for tax incentives and facilities under the OHQ incentive programme. A company is granted OHQ status and tax incentives under Section 127 of the Income Tax Act, 1967 for the provision of qualifying services to its offices or related companies within and outside Malaysia. 1.1 Approvals for OHQ Status, Incentives and Other Benefits Companies that meet the following criteria can apply for OHQ status and incentives:- 69 - Locally incorporated under the Companies Act, 1965 - A minimum paid-up capital of RM0.5 million - A minimum total business spending (operating expenditure) of RM1.5 million per year - Appoint at least three senior professionals/management personnel - Serve at least three related companies outside Malaysia - Have a sizeable network of companies outside Malaysia which includes the parent company or headquarters, and other related companies Business Support Services - Have a well-established network of companies that employ a significant and substantial number of qualified professionals, technical and supporting personnel - Carry out a minimum of three (3) qualifying services The qualifying services are as follows:- General management and administration - Business planning and coordination - Coordination of procurement of raw materials, components and finished products - Technical support and maintenance - Marketing control and sales promotion planning - Data/information management and processing - Research and development work carried out in Malaysia on behalf of related companies or offices outside Malaysia - Training and personnel management for related companies or offices outside Malaysia - Treasury and fund management services to related companies or offices outside Malaysia which include :- Providing credit facilities, transacting or investing in stocks, shares, securities (including bonds, notes, certificates of deposit and treasury bills) in foreign currencies that are issued either by foreign governments, foreign banks outside Malaysia, or companies that are neither incorporated nor resident in Malaysia - Transacting or investing in certificates of deposit, notes and bonds denominated in a foreign currency that are issued by any offshore bank in Labuan - Investing in foreign currency deposits with designated banks in Malaysia or offshore banks in Labuan - Foreign exchange transactions and interest rate/currency swaps for hedging purposes that are made in a foreign currency and conducted through authorised dealers and licensed offshore banks in Labuan - Transactions in financial futures contracts or options for hedging purposes made only with a member of an exchange that is approved by Bank Negara Malaysia (BNM). The funds for carrying out the treasury and fund management activities are to be obtained only through borrowings made from authorised banks in Malaysia and offshore banks in Labuan, or from the OHQ company’s paid-up capital, its accumulated profits derived from qualifying activities, or the accumulated profits of its offices or from borrowings sourced from outside Malaysia. Business Support Services 70 An OHQ company set up by a financial institution is prohibited from providing treasury and fund management services to its related companies in Malaysia, unless the related companies are institutions licensed under the Banking and Financial Institutions Act, 1989 (BAFIA). - Corporate financial advisory services to related companies or offices outside Malaysia include: - Provision of credit administration denominated in foreign currencies for related companies - Arrangement of credit facilities denominated in foreign currencies for related companies - Arrangement of interest rate or currency swaps in foreign currencies - An OHQ company may take over claims held by related companies and/or third parties outside Malaysia at a discounted price (factoring) - All products and services which related companies invoice to each other can be re-invoiced by the OHQ company (re-invoicing) - Netting of payments (other than export proceeds for goods exported from Malaysia) among related companies vis-à-vis the OHQ, is freely allowed - An OHQ company may purchase machinery, equipment or real estate with a view to lease them to its related companies (leasing) - An OHQ company may purchase machinery, equipment or real estate belonging to related companies with a view to leasing them back to the same related companies (sales and lease back arrangements). 1.2 Equity Requirements A company granted OHQ status and incentives under Section 127, of Income Tax Act, 1976 is allowed 100% foreign equity ownership. 1.3 Incentives An approved OHQ company is eligible for tax exemption for a period of 10 years under Section 127, Income Tax Act, 1967 for income derived from the following sources :- 71 - Business Income Income arising from services rendered by an OHQ company to its offices or to related companies outside Malaysia - Interest Income derived from interest on foreign currency loans extended by an OHQ company to its offices or to related companies outside Malaysia - Royalties Royalties received from R&D work carried out in Malaysia by an OHQ company on behalf of its offices or related companies outside Malaysia Business Support Services The income generated by an OHQ company in providing qualifying services to its related companies in Malaysia will not be taxed during its tax-exempt period, provided such income does not exceed 20% of its overall income derived by providing qualifying services. Any excess of the 20% limit will not be exempted from tax. An existing OHQ company will be given a 100% income-tax exemption for its remaining exemption period. Application for this facility should be submitted to the Ministry of Finance (MOF). 1.4 Other Benefits An approved OHQ company can also enjoy the following benefits:- Obtain credit facilities in foreign currency without the approval of BNM to fund its treasury and fund management operations for its related companies outside Malaysia. These credit facilities can be obtained from any licensed commercial or merchant bank in Malaysia, including licensed offshore banks in Labuan, and from any non-resident. However, the OHQ company is not allowed to lend or raise funds in any currency on behalf of any resident - Borrow freely in Malaysian Ringgit up to RM50 million from domestic sources for use in Malaysia - Invest freely in foreign securities and lend to its related companies outside Malaysia even if it has borrowed from domestic sources, as long as the domestic borrowing in Malaysian Ringgit is within the RM50 million limit, and the remittances are made in the equivalent foreign currency - Open foreign currency or multi-currency accounts with onshore licensed banks in Malaysia to retain export proceeds in foreign currency up to an aggregate overnight balance equivalent to USD100 million, regardless of the amount of export receipts - Open one or more foreign currency accounts with commercial banks in Malaysia, licensed offshore banks in Labuan or overseas banks for crediting foreign currency receivables other than export proceeds, with no limit on the overnight balances - Use the professional services of foreign firms, provided that such services are not available locally - Acquire fixed assets as long as the fixed assets are used for the purpose of carrying out the operations of the OHQ - Expatriates working in OHQ companies are taxed only on the portion of their chargeable income attributable to the number of days that they are in Malaysia. Business Support Services 72 1.5 Expatriate Employment Companies applying for OHQ status and incentives can also request for expatriate posts, namely Key Posts and Time Posts. Upon approval, companies should forward their applications for Employment Passes to the Immigration Department for endorsement. Applications for OHQ status, incentives and expatriate posts should be submitted to MIDA. 2. International Procurement Centres / Regional Distribution Centres (IPCs/RDCs) International Procurement Centres An IPC is a locally incorporated company, which carries on a business in Malaysia to undertake the procurement and sales of raw materials, components and finished products for its group of related and unrelated companies in Malaysia and abroad. This would include procurement from, and sales made to, local sources and third countries. Regional Distribution Centres An RDC is a collection and consolidation centre for finished goods, components and spare parts produced by its own group of companies for its own brand to be distributed to dealers, importers or its subsidiaries or other unrelated companies within or outside the country. Among the value-added activities involved are bulk breaking, re-packaging and labelling. 2.1 Approvals for IPC/RDC Status Companies that meet the following criteria can apply for an IPC/RDC status:- Incorporated under the Companies Act, 1965 - A minimum paid-up capital of RM0.5 million - A minimum total business spending (operating expenditure) of RM1.5 million per year - Utilisation of Malaysian ports and airports - A minimum annual sales turnover of RM50 million by the third year of operation - Domestic sales of not more than 20% of its annual sales value. Not more than 30% of its annual sales turnover is derived from sourcing of goods from outside Malaysia to overseas destinations via drop shipment. 2.2 Equity Requirements A company granted IPC/RDC status and incentives under Section 127, of the Income Tax Act, 1967 is allowed 100% foreign equity ownership. 73 Business Support Services 2.3 Incentives An approved IPC/RDC status company can be considered for : - Full tax exemption of its statutory income for 10 years, under Section 127, Income Tax Act - Dividends paid from the exempt income will be exempted from tax in the hands of its shareholders Eligibility criteria: - Annual sales turnover of at least RM100 million - Sales to domestic market including sales to free zones (FZs) and licensed manufacturing warehouses (LMWs) are limited to 20% of its sales turnover. If sales to the domestic market exceed 20%, the additional sales will not be exempted from tax. 2.4 Other Benefits An approved IPC/RDC status company will be able to enjoy the following facilities and benefits: - Expatriate posts based on the requirements of the IPC/RDC - Open one (1) or more foreign currency accounts with licensed commercial banks to retain its export proceeds without any limit - Enter into foreign exchange forward contracts with licensed commercial banks to sell forward export proceeds based on its projected sales - Bring in raw materials, components or finished products with customs duty exemption into free industrial zones (FIZs), free commercial zones (FCZs), LMWs and bonded warehouses for re-packaging, cargo consolidation and integration before distribution to its final consumers. 2.5 Expatriate Employment Companies applying for IPC/RDC status can also apply for expatriate posts, namely Key Posts and Time Posts. Upon approval, companies should forward their applications for Employment Passes to the Immigration Department for endorsement. Application for IPC/RDC status, incentives and expatriate posts should be submitted to MIDA. Business Support Services 74 3. Representative/Regional Offices A Representative Office/Regional Office of a foreign company based in Malaysia performs permissible activities for its headquarters/principal. Such offices should be totally funded from sources outside Malaysia and are not required to be incorporated or registered under the Companies Act, 1965 or be registered with the Companies Commission of Malaysia (CCM). A Representative Office collects relevant information regarding investment and business opportunities to develop bilateral trade relations and promote the export of Malaysian goods and products. A Regional Office serves as the coordination centre for its affiliates, subsidiaries and agents within the Asia Pacific region. It is responsible for conducting designated activities within the region it operates. The approval for the establishment of Representative/Regional offices and expatriate employment is valid for a period of two (2) years and is renewable. An approved Representative/Regional Office is allowed to carry out the following activities:- Planning or coordination of business activities - Gathering and analysing of information or undertaking feasibility studies on investment and business opportunities in Malaysia and the region - Identifying sources of raw materials, components or other industrial products - Research and product development - Act as a coordination centre for the corporation’s affiliates, subsidiaries and agents in the region. An approved Representative/Regional Office is not allowed to carry out the following activities:- 75 - Engage in any trading (including import and export), business or any form of commercial activity - Lease warehousing facilities. Any shipment/transhipment or storage of goods must be carried out through a local agent or distributor - Sign business contracts on behalf of the foreign corporation or provide services for a fee - Participate in the daily management of any of its subsidiaries, affiliates or branches in Malaysia - Conduct any business transaction or derive income from its operations Business Support Services 3.1 Equity Requirements As Representative/Regional offices do not have issued capital in Malaysia, they are not subject to any equity condition. 3.2 Incentives Expatriates working in Regional Offices are taxed only on the portion of their chargeable income attributable to the number of days they are in Malaysia. 3.3 Expatriate Employment An approved Representative/Regional Office is allowed to employ expatriates at the managerial and technical level. Applications for the establishment of Representative/Regional offices and expatriate posts should be submitted to MIDA. Upon approval, companies should forward their applications for Employment Passes to the Immigration Department for endorsement. 4. Foreign Branch Offices A Branch Office is established by foreign companies incorporated outside Malaysia. 4.1 Procedure to Establish a Branch Office To establish a Branch Office in Malaysia, foreign companies are required to register as a Branch Office under the Companies Act, 1965 with the CCM. 4.2 Equity Requirements As Branch Offices do not have issued capital in Malaysia, they are not subject to any equity condition. 4.3 Expatriate Employment Branch Offices can also apply for expatriate posts and employment passes. Applications for the expatriate posts should be submitted to the Immigration Department. 5. Market Support Services Market Support Services companies refer to companies that provide services such as branding, feasibility studies, market research, marketing, product development and design and customer relationship management. These activities promote product development, differentiation, distribution and marketing to improve the quality and enhance the competitiveness of their clients. Business Support Services 76 5.1 Approvals for Establishment Market Support Services activities can be established in the form of a company registered under the Companies Act, 1965, sole proprietorship or partnership. Under the Service Tax Act, 1975 and the Service Tax Regulations, 1975, Market Support Services providers that generate a total annual sales turnover of RM150,000 or more are required to obtain Service Tax Licence. The rate of the Service Tax is 5% on the value of the services rendered. 5.2 Equity Requirements The FIC has further liberalised the policy on foreign equity participation in the services sector by allowing foreign equity participation of up to 70%. The remaining 30% must be allocated to Bumiputeras, except where specific exemptions apply. Integrated Market Support Services companies that are approved with tax incentives under the Promotion of Investments Act, 1986 are allowed 100% foreign equity ownership. 5.3 Incentives A locally incorporated company, whether a new company intending to provide market support services or an existing company intending to expand/diversify its market support services, may apply for the incentives. The company can be an independent service provider, or the marketing arm of a manufacturing company that operates as a separate or a related/associated company. Eligibility criteria: Activities which qualify are as follows:(a) Branding - Brand design and development - Brand promotion - Packaging design (b) Research - Feasibility studies - Consumer research including research on trends, attitudes, behaviours, etc - Market research including new market development, country demography, existing players, laws & regulations, trade barriers, market potential (size and acceptance), etc - Research on product development including new product development and improvement of existing product (c) 77 Customer Relationship Management - Customer database management - Retention/loyalty programme (e.g. bonus points, reward/redemption programme, customer complaints, etc.) Business Support Services The tax incentives are as follows: (i) Pioneer Status Companies granted Pioneer Status enjoy a tax exemption of 70% of their statutory income for a period of five (5) years. Applications received from companies located in the promoted areas i.e. the States of Sabah and Sarawak, and the designated "Eastern Corridor" of Peninsular Malaysia, will enjoy a 100% tax exemption on their statutory income during their 5-year exemption period. All project applications received by 31 December 2005 will be eligible for this incentive. (ii) Investment Tax Allowance (ITA) As an alternative to Pioneer Status, a company can also apply for Investment Tax Allowance (ITA). The ITA provides an allowance of 60% on the qualifying capital expenditure (such as expenditure on factory, plant, machinery or other equipment used for the approved project) incurred within five (5) years from the date the first qualifying capital expenditure is incurred. The company can offset this allowance against 70% of its statutory income in the year of assessment. Any unutilised allowance can be carried forward to subsequent years until the whole amount is fully utilised. The remaining 30% of its statutory income will be taxed at the prevailing rate. Applications received from companies located in the promoted areas i.e. the States of Sabah and Sarawak, and the designated "Eastern Corridor" of Peninsular Malaysia, will enjoy an allowance of 100% on the qualifying capital expenditure incurred within a period of five (5) years. The allowance can be utilised to offset against 100% of the statutory income for each year of assessment. All project applications received by 31 December 2005 will be eligible for this enhanced incentive. Applications for Pioneer Status and ITA should be submitted to MIDA. 5.4 Other Incentives and Financial Assistance (i) Incentives to Promote the Export of Selected Services Companies undertaking selected market support services can apply, for a tax exemption of their statutory income equivalent to 50% of the value of increased exports of services. However, the incentive shall not apply to a company for the period during which the company has been granted :a. any incentive (except for deductions for the promotion of exports) under the Promotion of Investments Act, 1986 b. investment allowance for the services sector under Schedule 7B, Income Tax Act, 1967 or an exemption under Section 127, Income Tax Act, 1967 in respect of approved services. Claims should be submitted to IRB. Business Support Services 78 (ii) Market Development Grant In order to assist Small and Medium Enterprises (SMEs) develop their export markets, matching grants of up to RM100,000 per company are provided. Eligibility criteria: - Incorporated under the Companies Act, 1965 - Annual sales turnover of not more than RM25 million and full-time employees of not more than 150 - At least 60% of its equity is held by Malaysians These companies can obtain 50% matching grant on the approved cost of activities eligible for the grant. These include participation in trade missions, specialised selling missions, international trade fairs, Malaysian trade centres overseas; trade negotiations; rental of Representative Offices overseas; and participation in overseas tenders. Applications should be submitted to the Malaysia External Trade Development Corporation (MATRADE). 5.5 Expatriate Employment Integrated Market Support Services companies that have been approved for incentives under the Promotion of Investments Act, 1986, can apply for expatriate posts, namely Key Posts and Time Posts. Upon approval, companies should forward their applications for Employment Passes to the Immigration Department for endorsement. The normal procedure for the employment of expatriate is applied to companies that are not granted incentives. Applications for expatriate posts should be submitted to MIDA. 79 Business Support Services Business Support Services 80 Chapter 9 Research and Development (R&D) 1. Contract R&D Companies, R&D Companies, Approved R&D Institutes / Research Companies and Design Houses 1.1 1.2 1.3 1.4 1.5 Approvals for Establishment Equity Requirements Incentives Financial Assistance Expatriate Employment Chapter 9 Research and Development (R&D) Malaysia offers a wide range of incentives and financial assistance to attract investments in R&D activities. R&D includes industrial design (product and process development including designing and prototyping) and research services provided by design houses, contract R&D companies, R&D companies, approved R&D institutes/research companies, etc. 1. Contract R&D Companies, R&D Companies, Approved R&D Institutes/ Research Companies and Design Houses 1.1 Approvals for Establishment Investors who wish to set up R&D operations in Malaysia in the form of contract R&D companies, R&D companies, approved R&D institutes/research companies and design houses are required to register as a company in accordance with the Companies Act, 1965. 1.2 Equity Requirements R&D and contract R&D companies including design houses granted incentives under the Promotion of Investments Act, 1986 are allowed 100% foreign equity ownership. 1.3 Incentives For the purpose of incentives, the Promotion of Investments Act, 1986 defines research and development (R&D) as "any systematic or intensive study carried out in the field of science or technology with the object of using the results of the study for the production or improvement of materials, devices, products, produce or processes but does not include:- 83 - Quality control of products or routine testing of materials, devices, products or produce - Research in the social sciences or humanities - Routine data collection - Efficiency surveys or management studies - Market research or sales promotion" Research and Development (R&D) Incentives available to companies carrying out R&D activities are as follows:(i) Contract R&D Company A contract R&D company, i.e. a company that provides R&D services in Malaysia to non-related companies is eligible for:or - Pioneer Status with a tax exemption of the 100% of statutory income for five (5) years, ITA of 100% on the qualifying capital expenditure incurred within 10 years, which can be offset against 70% of statutory income in the year of assessment (ii) R&D Company An R&D company, i.e. a company that provides R&D services in Malaysia to its related companies and/or non-related companies, is eligible for an ITA of 100% on qualifying capital expenditure incurred within 10 years, which can be offset against 70% of its statutory income in the year of assessment. Eligibility criteria: Contract R&D and R&D companies may apply for incentives if they fulfill the following criteria:- Research undertaken should be in accordance with the needs of the country and bring benefits to the economy - At least 70% of the income of the company should be derived from R&D activities - For manufacturing-based R&D, at least 50% of the workforce of the company must be appropriately qualified personnel performing research and technical functions - For agriculture-based R&D, at least 5% of the workforce of the company must be appropriately qualified personnel performing research and technical functions (iii) In-house R&D A company that undertakes in-house R&D to further its business is eligible to apply for an ITA of 50% on the qualifying capital expenditure incurred within 10 years. The company can offset the allowance against 70% of its statutory income in the year of assessment. (iv) R&D Incentives for Reinvestments R&D companies/activities mentioned in categories (i) – (iii) above will be eligible for a second round of Pioneer Status for another five (5) years, or an ITA for a further 10 years, where applicable. Applications for the above incentives should be submitted to MIDA. Research and Development (R&D) 84 (v) Double Deduction for R&D - Any company undertaking in-house R&D activities can enjoy a double deduction for its revenue expenditure for research which is directly undertaken and approved by MOF - Approved R&D expenditure incurred during the Pioneer Status period is allowed to be accumulated and brought forward and be given another deduction after the Pioneer Status period - Expenditure on R&D activities undertaken overseas, including the training of Malaysian staff, will be considered for double deduction on a case-by-case basis - Double deduction for cash contributions or donations made to approved research institutes - Double deduction on payments for the use of the services of approved research institutes, R&D companies or contract R&D companies (vi) Incentives for Researchers Researchers who undertake research focused on value creation will be given a 50% tax exemption for five (5) years on the income derived from the commercialisation of their research findings. The research has to be verified by the Ministry of Science, Technology and Innovation (MOSTI). Claims for the above incentives should be submitted to the Inland Revenue Board (IRB). (vii) Exemption from Import Duty, Sales Tax And Excise Duty on Machinery, Equipment and Materials Used for R&D Exemption from import duty, sales tax and excise duty can be given to companies importing machinery, equipment and materials used for R&D activities. Sales tax exemption will be given for machinery, equipment and materials purchased locally. Eligibility criteria: - Companies/institutions that specifically carry out R&D activities - Companies/institutions which carry out in-house R&D irrespective of whether they have been granted incentives under the Promotion of Investments Act, 1986, or the Income Tax Act, 1967 - All machinery, equipment, materials, raw materials/component parts and samples imported or purchased locally for use in R&D activities Applications by companies and research institutions undertaking the above activities should be submitted to MIDA and MOF respectively before importation. 85 Research and Development (R&D) (viii)Capital Allowance on Plant and Machinery for R&D Capital allowances are granted to R&D companies that incur capital expenditure on the purchase of plants and machinery used for research purposes. An initial allowance of 20% and an annual allowance of 14% will be given. (ix) Industrial Building Allowance on Construction or Purchase of Buildings for R&D This allowance is granted to R&D companies that incur capital expenditure on the construction or purchase of buildings that are used for R&D purpose. An initial allowance of 10% and an annual allowance of 3% will be given. (x) Tax Exemption on the Value of Increased Exports R&D companies which export its R&D services are eligible for a tax exemption on the value of increased exports earnings. They can apply for a tax exemption on their statutory income equivalent to 50% of the value of their increased exports. (xi) Double Deduction for the Promotion of Export of Services Certain expenses incurred by resident companies (both foreign affiliated and local companies) in seeking opportunities to export their services can qualify for a double deduction. Eligible expenses: • Cost of market research • Cost of tender preparations • Cost of preparing technical information • Cost of accommodation in respect of travel overseas subject to a maximum of RM300 per day • Cost of sustenance in respect of travel overseas subject to a maximum of RM150 per day • Cost of maintaining sales office overseas • Cost of publicity and advertisement in any media outside Malaysia • Cost of feasibility studies for overseas projects identified for the purpose of tender • Cost of participation in trade or industrial exhibitions in Malaysia or overseas • Cost of airfares in respect of overseas travel Research and Development (R&D) 86 (xii) Single Deduction for the Promotion of Export of Services Certain expenses incurred by resident companies seeking opportunities to export their services qualify for a single deduction. Eligible expenses: - Registration of patents, trademarks and product licensing overseas - Hotel accommodation for a maximum of three (3) nights in providing hospitality to potential importers invited to Malaysia Claims for the above incentives should be submitted to the IRB. 1.4 Financial Assistance A R&D company can enjoy the financial assistance provided by the Government through the following government bodies:• • MOSTI - Industry Research and Development Grant Scheme (IGS) - Intensification of Research in Priority Areas (IRPA) Malaysian Technology Development Corporation Sdn Bhd (MTDC) - • Malaysia Venture Capital Management Berhad (MAVCAP) - • • Cradle Investment Programme (CIP) Small and Medium Industries Development Corporation (SMIDEC) - Grant for Business Planning and Development (ITAF 1) - Grant for Product and Process Improvement (ITAF 2) - Grant for Productivity and Quality Improvement and Certification (ITAF 3) Malaysian Industrial Development Finance Berhad (MIDF) - 87 Commercialisation of Research and Development Fund (CRDF) Soft Loan for ICT Adoption Research and Development (R&D) (i) Industry Research and Development Grant Scheme (IGS) In the context of the above grant scheme, R&D is defined as the development of new or significant enhanced indigenous technologies, materials, products, devices, systems or processes. It includes the construction/operation of pilot plants not operated as commercial units and the design, development and operation of prototypes for technical testing, demonstration and making further improvements. The following priority technology areas are eligible for consideration under IGS:- Advanced manufacturing Advanced materials Aerospace Automotive Biotechnology Ceramics Composite materials Electronics Energy Environmental technology hi-technology machinery & equipment - ICT Marine & aquaculture technology Nanotechnology Nutraceuticals & pharmaceuticals Petrochemicals Photonics Polymer Poultry & poultry-based products Resource-based products Eligibility criteria: - Wholly Malaysian-owned company or Malaysian majority-held joint venture SMEs formed under the Companies Act, 1965 - Technical collaboration with one or more local public or approved private R&D institutes or universities - The approved R&D activities under IGS must be undertaken in Malaysia - Intellectual Property Rights (IPR) belong to the company Eligible expenditure: - Salary expenditure of R&D personnel (based on man-months involved, including for full and part-time employees) - Contract expenditure (i.e. related to contracted R&D activities) - Expenditure on consumables & prototypes - Pilot plant and R&D equipment expenditure (not exceeding 40% of total grant approved) - Administrative costs (e.g. rental of premise to conduct R&D, EPF and SOCSO payments for employees directly involved in the R&D project) - Project-related travel (domestic travel is not eligible) The duration of the grant is for a maximum of three (3) years. The amount approved will be determined on the merits of each application, subject to a ceiling of RM4 million or 70% of the approved project cost, whichever is lesser. Payment is on a reimbursable basis. Applications should be submitted to the IGS Secretariat, MOSTI. Research and Development (R&D) 88 (ii) Intensification of Research in Priority Areas (IRPA) The purpose of the Intensification of Research in Priority Areas (IRPA) programme is to focus on R&D activities which can enhance national socio-economic development. The allocation of the above grant is guided by the following principles:- Promote projects which are of high national priority and which address the needs of Malaysian industry - Encourage collaborative efforts among research institutions, both locally and internationally - Enhance R&D linkages between the public and private sectors Greater priority is given to projects with commercial potential, which are marketdriven and in line with strategic national needs. However, research activities directed towards capacity and capability building and knowledge advancement will continue to be funded to support the development of new technology areas as well as produce the relevant skills and expertise. Priority areas for each category of research are as follows:Research Category Priority Areas Experimental Applied Research (EAR) - Agriculture and Food Security Natural Resources and Environment Manufacturing and Services Social Transformation Knowledge Advancement Prioritised Research (PR) - Manufacturing Plant Production and Primary Products ICT Health Education and Training Strategic Research (SR) - Design and Software Technology Nanotechnology & Precision Engineering Specialty Fine Chemicals Technology Optical Technology Eligible applicants: 89 • All research institutions and universities. However, private institutions of higher learning with university and university college status can also have direct access to IRPA grants provided they fulfill the stipulated conditions of the guidelines. • Industry can participate in research under the IRPA programme in collaboration with a public research institution or university in designated research areas. The participation of industries in IRPA-related research will accelerate the commercialisation of R&D output. Research and Development (R&D) The duration of the activity for EAR is for a maximum of three (3) years whereas the duration of the activity for PR and SR is for a maximum of five (5) years each. The amount approved will be determined based on the merits of each application. Eligible expenses under the scheme include the emoluments of contract personnel. They do not cover emoluments of permanent staff, construction of infrastructure (e.g. buildings, laboratories, purchase of equipment, etc). Disbursement of funding for approved projects will be made four (4) times a year. Applications should be submitted online to the IRPA Secretariat at MOSTI via [email protected]. (iii) Commercialisation of Research and Development Fund (CRDF) The Commercialisation of Research and Development Fund (CRDF) provides partial grants to qualified R&D projects for the following activities:Phase I Phase II Phase III Phase IV Market Survey and Research Product / Process Design and Development Standards and Regulatory Compliance and Intellectual Property Protection Demonstration of Technology Payment is on a reimbursable basis. Eligibility criteria: - Incorporated under the Companies Act,1965 - At least 60% Malaysian equity ownership - Involves commercialisation of products - Technical collaboration with local research institutes or universities except for:- Joint-venture companies between local firms and universities/research institutes - Approved R&D companies; or - Company which has an associate R&D company Phase I: Market Survey and Research A company is entitled to apply for a partial grant of up to 50% of its market survey and research expenditure, or RM50,000, whichever is lower, with the duration of the activity not exceeding four (4) months. Eligible expenses: - Cost of engaging an independent market survey company - Cost of drafting the commercialisation plan - Cost of conducting initial patent searches Research and Development (R&D) 90 Phase II: Product / Process Design and Development A company is entitled to apply for a partial grant of up to 50%, or RM 1.7 million, whichever is lower. The recommended amount for the purchase of core equipment must not exceed 40% of the eligible amount for core equipment under Phase II. The duration of the activity should not exceed 12 months. Eligible expenses:- Acquisition of technology of a completed R&D from local universities or research institutions - Consultancy fees from the universities or research institutes - Cost of development of prototypes including design and packaging for commercial application - Cost to develop pilot plant - Cost to conduct trial production runs Phase III: Standards and Regulatory Compliance and Intellectual Property Protection A company is entitled to apply for a partial grant of up to 70% or RM200,000, whichever is lower, with the duration of the activity not exceeding four (4) months. Eligible expenses: - Cost of testing for compliance with market standards and regulations - Cost of applying for IP protection in Malaysia and in three (3) other countries Phase IV: Demonstration of Technology A company is entitled to apply for a partial grant of up to 50% of the cost of technology demonstration, or up to RM50,000, whichever is lower, with the duration of the activity not exceeding four (4) months. Eligible expenses: - Cost to conduct field-tests - Cost to organise technology previews / product launches - Cost to participate in relevant international level exhibitions Applications should be submitted to MTDC. 91 Research and Development (R&D) (iv) Cradle Investment Programme (CIP) The programme provides funding for technopreneurs and researchers with innovative ideas. Its objective is to encourage public or private universities and institutions of higher learning to produce ideas which can be converted into products, services and technologies that are commercially viable. The programme focuses on high growth industries in the following ICT sectors:- Software and information services - Internet: e-services, e-commerce and e-content Communications and networking - mobile data - High technology consumer and business products - Electronics and semiconductors - Medical devices - Advanced materials - Biotechnology and life sciences Eligibility criteria: A Primary Applicant must be a natural person and:- A Malaysian citizen of at least 18 years of age - Permanently resides in Malaysia for a period or periods amounting in aggregate to 180 days or more in a year. The Primary Applicant must be the project leader of the team and will be the main liaison person for the CIP application. A Secondary Applicant must be a natural person of any nationality who:- Is 18 years of age or above - Resides (whether permanently or not) in Malaysia Each CIP application should be made by a team of at least two (2) and a maximum of five (5) members. Each CIP team must have a Primary Applicant. Other applicants in the team will be considered as Secondary Applicant(s). The expenses eligible under the programme include salaries of research specialists, costs of computer hardware, training expenses, etc. The duration of the activity is for a maximum of six (6) months. The amount approved will be determined based on the merits of each application, subject to a ceiling of RM50,000 per idea. Disbursements of funding for approved projects will be made upon the signing of the CIP Grant Agreement. Applications should be submitted on-line to MAVCAP via www.cradle.com.my. Research and Development (R&D) 92 (v) Grant for Local Small and Medium Sized Enterprises (SMEs) Local SMEs providing promoted manufacturing related services under the Promotion of Investments Act, 1986 are eligible for the grant if they fulfill the following requirements: - Incorporated under the Companies Act, 1965 - Annual sales turnover of not more than RM25 million and full-time employees of not more than 150 - At least 60% of their equity is held by Malaysians Payment is on a reimbursable basis. Grant for Business Planning and Development (ITAF 1) SMEs involved in R&D on business planning and development can apply for the grant. The maximum grant allocated for each company is RM40,000 for expenses incurred directly in carrying out the following studies:• Market feasibility • Technology feasibility • Business planning • Domestic and export market strategy Assistance is given in the form of a matching grant where 50% of the project cost will be borne by the Government and the balance by the applicant. Grant for Product and Process Improvement (ITAF 2) SMEs involved in R&D on product and process development can apply for the grant. The maximum grant allocated for each company is RM500,000. Assistance is given in the form of a matching grant where 50% of the project cost will be borne by the Government and the balance by the applicant. Eligible expenses: 93 - Cost of hiring technical experts - Cost of acquiring technology and skills through training and obtaining technical information - Cost for testing and calibration - Cost of testing materials and equipment - Cost of designing and prototyping Research and Development (R&D) Grant for Productivity and Quality Improvement and Certification (ITAF 3) This grant is given for productivity and quality improvement and to achieve international quality standards and certification. SMEs involved in R&D on the above activities can apply for the grant. The maximum grant allocated for each company is RM 250,000. Assistance is given in the form of a matching grant where 50% of the project cost will be borne by the Government and the balance by the applicant. Eligible expenses: - Cost of hiring technical experts - Cost of acquiring skills and technology through training and obtaining technical information - Service cost for related schemes - Cost for testing and calibration - Cost of acquiring safety equipment, or equipment used for product testing or the prevention of pollution - Cost of materials used in designing and developing prototypes Applications for ITAF 1, ITAF 2 and ITAF 3 should be submitted to SMIDEC. (vi) Soft Loan for ICT Adoption This scheme provides assistance in the form of soft loans for SMEs to use ICT to improve competitiveness, efficiency and productivity as well as enhance their inhouse engineering design capabilities. Eligible criteria: - Incorporated under the Companies Act, 1965 - Annual sales turnover of not more than RM25 million and full-time employees of not more than 150 - At least 60% of their equity is held by Malaysians - In operation for not less than two (2) years and premises must have a valid operating licence issued by the local authorities - Applicants under the E-manufacturing (ERP) programme must employ suitable IT personnel. Similarly, those applying for loans under the E-design programme must have a designer who is responsible for the running of the project. Research and Development (R&D) 94 Eligible assets to be financed: i. ii. For upgrading engineering design capabilities - Purchase of related engineering design software such as softwares for Computer Aided Design (CAD) and Computer Aided Engineering (CAE) or subscription fee/licence fee for on-line engineering design services - Purchase of related computer hardware, peripheral and networking equipment - Cost of related training programme For acquisition of Enterprise Resource Planning (ERP) software or other similar softwares (E-manufacturing) - Purchase of ERP software or first year subscription to on-line ERP system, or other similar softwares such as Supply Chain Management (SCM) and Customer Relationship Management (CRM) - Implementation charges including system study, customisation and training programme - Purchase of related computer hardware, peripheral and networking equipment Form of assistance: - Soft loan of RM20,000 to RM250,000 - Interest rate of 3% per annum - Repayment period of up to five (5) years - Refinancing for existing loan is not allowed - Percentage of financing is up to 75% of total cost Applications should be submitted to MIDF. 1.5 Expatriate Employment Companies applying for incentives under the Promotion of Investments Act, 1986 can apply for expatriate posts, namely Key Posts and Time Posts. Applications should be submitted to MIDA. Upon approval, companies should forward their applications for Employment Passes to the Immigration Department for endorsement. 95 Research and Development (R&D) Research and Development (R&D) 96 Chapter 10 Logistics Services 1. Warehousing Services 1.1 Approvals for Establishment 1.2 Other Approvals 1.3 Special Industrial Building Allowance for Warehouses 1.4 Equity Requirements 2. Transportation Services 2.1 Licences 2.2 Equity Requirements 2.3 Exemption from Import Duty and Sales Tax on Prime Movers and Trailers 3. Freight Forwarding / Shipping 3.1 Licences 3.2 Paid-up Capital Requirements 3.3 Equity Requirements 4. Integrated Logistics Services (ILS) 4.1 Incentives 4.2 Expatriate Employment 5. Cold Chain Facilities 5.1 5.2 5.3 5.4 Approvals for Establishment Equity Requirements Incentives Expatriate Employment Chapter 10 Logistics Services The term Logistics Services refer to a supply chain management process that plans, implements and controls the efficient and effective flow and storage of goods, services and related information between the point of origin and the point of consumption in order to meet customers’ requirements. The main services in this area are as follows:- Warehousing, storage and inventory management services - Transportation services - Freight forwarding/shipping services - Integrated Logistic Services (ILS) - Cold Chain Facilities 1. Warehousing Services There are three (3) types of licences, depending on the warehousing requirements of the operator. An operator can choose to operate an ordinary warehouse, a Public Bonded Warehouse or a Private Bonded Warehouse. Investors intending to provide warehousing services are required to incorporate a company under the Companies Act, 1965. 1.1 Approvals for Establishment (i) Ordinary Warehouse Licence Applications for ordinary Warehouse Licences should be forwarded to the relevant state Local Authority. To apply for an Ordinary Warehouse Licence, an operator must first obtain :• Approval from DOE Approval from DOE when the operator stores hazardous goods. • Certificate of Fitness from the Local Authority According to the Uniform Buildings By-Laws, a CF issued by the relevant state Local Authority is required. The CF is an official document to acknowledge that the building is safe for occupation. • Approval from the Fire and Rescue Department Approval from the state Fire and Rescue Department is required to ensure that the premise is equipped with an adequate number of fire extinguishers and safety alarm systems. 99 Logistics Services (ii) Public/Private Bonded Warehouse Licence • A Public Bonded Warehouse operates as a central storage for the distribution of bonded goods (i.e. goods on which Customs duties and taxes have not been paid) in the country and for international trade, catering for the general public. • A Private Bonded Warehouse is a central storage and distribution centre for bonded goods (i.e. goods on which Customs duties and taxes have not been paid), of the companies and its related companies. Activities that can be carried out in these warehouses are as follows:- Warehousing - Break bulking - Repackaging - Re-labelling of imported goods - Consolidation - Entreport To qualify as a Private Bonded Warehouse Operator, the value of the goods warehoused should be at least RM10 million per annum. However, for Public Bonded Warehouses, no minimum value is imposed. A company that wishes to provide bonded warehousing services must apply for a licence to the Royal Customs Department. The following approvals must be obtained before applying to the Royal Customs Department:- Approval from DOE when operators store hazardous goods - Approval from the Fire and Rescue Department - CF from the Local Authority 1.2 Other Approvals (i) Service Tax Licence A Public or Private Bonded Warehouse operator that is licenced under Section 65 of the Customs Act, 1967 can be given permission to act as an agent for transacting businesses relating to the import or export of goods that are stored in the licenced warehouse. For this purpose, a warehouse operator is required to obtain a Freight Forwarding Agent/Shipping Agent Licence and a Service Tax Licence. Applications should be submitted to the Royal Customs Department. Logistics Services 100 1.3 Special Industrial Building Allowance for Warehouses An annual allowance of 10% of the qualifying capital expenditure is given for buildings used as warehouses for storing goods for export and re-export. 1.4 Equity Requirements The FIC has further liberalised the policy on foreign equity participation in the services sector by allowing foreign equity participation of up to 70%. The remaining 30% must be allocated to Bumiputeras, unless specific exemptions apply. Companies that have been approved for Private Bonded Warehouses Licence are exempted from the equity condition, while companies that have been approved for Public Bonded Warehouse Licence would need to comply with the FIC equity guidelines. The equity condition for warehousing activities is imposed by the Royal Customs Department. 2. Transportation Services 2.1 Licences Investors intending to provide transportation services are required to incorporate a company under the Companies Act, 1965. The following licences are required to be obtained : (i) Licence for Commercial Vehicle and Haulage • Transportation Services Companies intending to provide transportation services to third parties using commercial vehicles are required to obtain Carrier Licence A and companies that provide services for its own use are required to obtain Carrier Licence C. Both licences must be obtained from the Commercial Vehicle Licensing Board (CVLB), in accordance with the Commercial Vehicles Licensing Board Act, 1987 under the Ministry of Entrepreneurial and Cooperative Development (MECD). Applications should be submitted to CVLB. • Transportation of Container Bulk, Bulk Liquid and General Haulage Commercial vehicles that are used in the transportation of container bulk, bulk liquid and general haulage and freight, must be registered with the Road Transport Department Malaysia (RTD). To register with RTD, the following documents are required :- Registration licence with CVLB - Inspection and weighing reports from the Computerised Vehicle Inspection Centre (PUSPAKOM) - An Ad Valorem Registration Fee (AVRF) certificate and valuation (for trailers and semi-trailers) A separate application should be submitted to RTD for each commercial vehicle. 101 Logistics Services (ii) Licence for Transporting Scheduled Wastes In accordance with the Environmental Quality (Scheduled Wastes) Regulations, 1989, a company transporting scheduled wastes is required to obtain a licence from DOE. The licence is valid for one (1) year and is renewable. Applications should be submitted to DOE. (iii) Licence for Transportation of Radioactive and Nuclear Materials Companies that wish to transport nuclear and radioactive materials are required to obtain a Class D Licence from AELB. 2.2 Equity Requirements Companies intending to provide transportation services to third parties or Carrier Licence A holders are subject to the equity condition imposed by the CVLB. This condition stipulates that at least 30% of the equity must be held by Bumiputeras. 2.3 Exemption from Import Duty and Sales Tax on Prime Movers and Trailers Container haulage companies can apply for import duty and sales tax exemption on prime movers and trailers that are not produced locally. Exemption from sales tax may be considered for prime movers and trailers that are produced locally. Applications should be submitted to MOF. 3. Freight Forwarding/Shipping Services Investors intending to undertake freight forwarding and shipping services are required to incorporate a company under the Companies Act, 1965. 3.1 Licences (a) Companies planning to operate as Freight Forwarding Agents and Shipping Agents are required to obtain the relevant licences from the Royal Customs Department in accordance with Section 90 of the Customs Act,1967 (b) Licensed freight forwarding agents and shipping agents including providers of services for clearing of goods from Customs control, are also required to obtain a Service Tax Licence. Logistics Services 102 Paid-up Capital Requirement The paid-up capital requirement and the duration of the licences approved for different categories of freight forwarding agents and shipping agents are as follows:Category Activity Paid-Up Capital Requirement Duration of Licences Approved Category A Freight forwarding and shipping Exceeding RM100,000 3 years (renewable) Category B Freight forwarding or shipping between RM50,000 - RM100,000 2 years (renewable) Applications should be submitted to the Royal Customs Department. 3.3 Equity Requirements Companies approved as freight forwarding agents and shipping agents are required to comply with the equity conditions imposed by the Royal Customs Department as follows:• Freight Forwarding Agent At least 51% Bumiputera participation in the equity ownership, Board of Directors, management and the whole employment structure • Shipping Agent At least 30% Bumiputera participation in the equity ownership, Board of Directors, management and the whole employment structure A company that undertakes both activities is also required to meet 51% Bumiputera participation in the equity ownership, Board of Directors, management and its whole employment structure. 4. Integrated Logistics Services (ILS) Integrated logistic services comprise the entire supply chain management, including procurement of software and hardware, warehousing, distribution (transportation and freight services), packaging activities and customs clearance. 4.1 Incentives New and existing companies providing the above services are eligible to apply for incentives under the Promotion of Investments Act, 1986. Eligibility criteria: 103 • Incorporated under the Companies Act 1965 • At least 60% of its equity is held by Malaysians Logistics Services • ILS providers should undertake the following three (3) principal activities:- Warehousing - Transportation - Freight forwarding In addition to the above activities, the company should undertake at least one (1) of the following activities:- Distribution - - Other related and value-added services (e.g. palletising, product assembly/installation, bulk breaking, consolidation, packaging/repackaging, procurement, quality control, labelling/re-labelling, testing, etc.) Supply chain management • Companies should have the following minimum infrastructure - Commercial Vehicles : 20 units - Warehousing facilities : 5,000 sq. metres The tax incentives are as follows: New Companies (i) Pioneer Status - Pioneer Status with a tax exemption of 70% of the statutory income for a period of five (5) years; or - Pioneer Status with a tax exemption of 100% of the statutory income for a period of five (5) years for projects located in the Eastern Corridor of Peninsular Malaysia, Sabah and Sarawak (ii) Investment Tax Allowance - ITA of 60% on the qualifying capital expenditure incurred within a period of five (5) years. The allowance can be offset against 70% of the statutory income for each year of assessment; or - ITA of 100% on the qualifying capital expenditure incurred within a period of five (5) years for projects located in the Eastern Corridor of Peninsular Malaysia, Sabah and Sarawak. The allowance can be offset against 100% of the statutory income for each year of assessment. Logistics Services 104 Existing Companies (i) Pioneer Status - Pioneer Status with a tax exemption of 70% on the increased statutory income arising from the reinvestment for a period of five (5) years; or - Pioneer Status with a tax exemption of 100% on the increased statutory income arising from the reinvestment for a period of five (5) years for projects located in the Eastern Corridor of Peninsular Malaysia, Sabah and Sarawak. (ii) ITA - Investment Tax Allowance of 60% on the additional qualifying capital expenditure incurred within a period of five (5) years. The allowance can be offset against 70% of the statutory income for each year of assessment; or - Investment Tax Allowance of 100% on the additional qualifying capital expenditure incurred within a period of five (5) years for projects located in the Eastern Corridor of Peninsular Malaysia, Sabah and Sarawak. The allowance can be offset against 100% of the statutory income for each year of assessment. 4.2 Expatriate Employment Companies that have been approved for incentives to provide ILS can apply for expatriate posts, namely Key Posts and Time Posts. Upon approval, companies should forward their applications for Employment Passes to the Immigration Department for endorsement. Applications for incentives, exemption from Import Duty/Sales Tax on Machinery and Equipment and Expatriate Posts should be submitted to MIDA. 5. Cold Chain Facilities Companies undertaking cold chain facilities provide a wide range of services including cold room, refrigerated truck and other related services such as the collection, storage and distribution of perishable locally produced food products. 5.1 Approvals for Establishment Investors intending to provide cold room and refrigerated truck facilities and related services that require warehousing and transportation services are required to:- 105 • Incorporate a company under the Companies Act, 1965. • Obtain operating licences for : - Public/Private Bonded Warehouse - Licence for Commercial Vehicles and Haulage (Class A Licence) Logistics Services 5.2 Equity Requirements The FIC has further liberalised the policy on foreign equity participation in the services sector by allowing foreign equity participation of up to 70%. The remaining 30% must be allocated to Bumiputeras, unless specific exemptions apply. Companies granted incentives under the Promotion of Investments Act, 1986 to provide cold chain facilities are exempted from the equity condition. 5.3 Incentives (i) Incentives for Companies Providing Cold Chain Facilities Companies providing cold chain facilities and services for perishable agricultural produce such as fruits, vegetables flowers, ferns, and meat and aquatic products are eligible for consideration for Pioneer Status or ITA:New Companies (iii) Pioneer Status - Pioneer Status with a tax exemption of 70% of the statutory income for a period of five (5) years; or - Pioneer Status with a tax exemption of 100% of the statutory income for a period of five (5) years for projects located in the Eastern Corridor of Peninsular Malaysia, Sabah and Sarawak (iv) Investment Tax Allowance - ITA of 60% on the qualifying capital expenditure incurred within a period of five (5) years. The allowance can be offset against 70% of the statutory income for each year of assessment; or - ITA of 100% on the qualifying capital expenditure incurred within a period of five (5) years for projects located in the Eastern Corridor of Peninsular Malaysia, Sabah and Sarawak. The allowance can be offset against 100% of the statutory income for each year of assessment. Existing Companies (iii) Pioneer Status - Pioneer Status with a tax exemption of 70% on the increased statutory income arising from the reinvestment for a period of five (5) years; or - Pioneer Status with a tax exemption of 100% on the increased statutory income arising from the reinvestment for a period of five (5) years for projects located in the Eastern Corridor of Peninsular Malaysia, Sabah and Sarawak. Logistics Services 106 (iv) Investment Tax Allowance - ITA of 60% on the additional qualifying capital expenditure incurred within a period of five (5) years. The allowance can be offset against 70% of the statutory income for each year of assessment; or - ITA of 100% on the additional qualifying capital expenditure incurred within a period of five (5) years for projects located in the Eastern Corridor of Peninsular Malaysia, Sabah and Sarawak. The allowance can be offset against 100% of the statutory income for each year of assessment. The qualifying capital expenditure includes the following:- Expenditure for the building of cold rooms, including the ante-room - Expenditure for obtaining the building for use in post harvest activities - Expenditure for the acquisition of plant, machinery and equipment for use in activities that relate to freezing, cleaning, washing and packing - Expenditure for the acquisition of refrigerated trucks Eligibility criteria: - At least 60% of the company’s total revenue must be derived from the provision of cold room facilities, refrigerated transportation and other related services for the local agriculture produce (ii) Exemption from Import Duty and Sales Tax on Machinery and Equipment Companies providing cold chain facilities intending to import machinery and equipment that are not available locally can apply for import duty and sales tax exemption. 5.4 Expatriate Employment Companies applying for incentives to provide cold chain facilities can also apply for expatriate posts namely Key Posts and Time Posts. Upon approval, companies should forward their applications for Employment Passes to the Immigration Department for endorsement. Applications for incentives, expatriate posts and exemption from Import Duty/Sales Tax on Machinery and Equipment should be submitted to MIDA. 107 Logistics Services Logistics Services 108 Chapter 11 Specialised Technical Support Services 1. Engineering Consultancy 1.1 Licences, Registrations and Approvals 1.2 Equity Requirements 1.3 Expatriate Employment 2. Machinery Maintenance Services 2.1 2.2 2.3 2.4 3. Approvals for Establishment Equity Requirements Financial Assistance Expatriate Employment Occupational Safety and Health Management Services 3.1 Approvals for Establishment 3.2 Equity Requirements 3.3 Expatriate Employment 4. Accreditation and Certification 4.1 Approvals for Establishment 4.2 Equity Requirements 4.3 Expatriate Employment 5. Testing and Calibration Services 5.1 5.2 5.3 5.4 6. Irradiation and Gas Sterilisation Services 6.1 6.2 6.3 6.4 7. Approvals for Establishment Equity Requirements Incentives Expatriate Employment Clinical Trials, Bioavailability / Bioequivalence or Efficacy Trials for the Pharmaceutical Industry 7.1 7.2 7.3 7.4 8. Approvals for Establishment Equity Requirements Financial Assistance Expatriate Employment Approvals for Establishment Equity Requirements Incentives Expatriate Employment Central Utility Facilities (CUF) 8.1 8.2 8.3 8.4 Approvals for Establishment Equity Requirements Incentives Expatriate Employment Chapter 11 Specialised Technical Support Services Investments are encouraged in the following areas: - Engineering consultancy, machinery maintenance and related technical services - Occupational Safety and Health Management Services - Irradiation and gas sterilisation services for the medical devices industry - Clinical trials, bioavailability/bioequivalence or efficacy trials for the pharmaceutical industry - Central Utility Facilities (CUF) 1. Engineering Consultancy Professional engineers intending to provide engineering consultancy services can set up a sole proprietorship or partnership, or incorporate a company under the Companies Act, 1965. 1.1 Approvals for Establishment (i) Registration as an Engineering Consultancy Practice A company intending to practise as Consulting Engineers is required to register with and obtain a permit from the Board of Engineers Malaysia (BEM), in accordance with Section 7A of the Registration of Engineers Act, 1967 (Revised 1987). The requirements are as follows: Requirements Board of Directors Description • Consists entirely of individual persons who are registered Professional Engineers, Or Shareholding Structure • Consists of a majority of individuals registered professional engineers and any other individuals who are professional architects, quantity surveyors or land surveyors registered under any written law relating to the registration of such professions, or other individuals belonging to a profession associated with the engineering profession and with the written approval of the Board. • Registered professional engineers must be the majority shareholders Applications should be submitted to BEM. 111 The permit expires on 31st December of every year and yearly renewal is mandatory. Specialised Technical Support Services Foreign engineers may not be appointed as directors or shareholders of a local engineering consultancy company and are prohibited from forming local joint venture companies to practise as consulting engineers. Foreign engineers may work with their local counterparts on a project basis provided the local engineers are the lead consultants. Temporary Registration as Professional Engineers Foreign engineers who are not permanent residents of Malaysia may work as engineers in the country by obtaining a temporary registration with BEM, in accordance with Section 10A of the Registration of Engineers Act, 1967 (amended 1987). The requirements for obtaining the temporary registration are as follows:Requirements Description Academic qualification • A recognised qualification to practice as a professional engineer in the country where he normally practises Working experience • A minimum of 10 years in the field of practice Physical Malaysia presence in • A requirement of not less than 180 days in a year • Employed as an engineer for a project by a local company • Sponsored by a local professional engineer in the company which offers him the employment Employment Local sponsor Applications should be submitted to BEM. The permit expires on 31st December of every year, irrespective of whether the project is completed or not and yearly renewal is mandatory. 1.2 Equity Requirements An engineering consultancy company registered with BEM is required to maintain a 100% Malaysian equity ownership. 1.3 Expatriate Employment An engineering consulting company may employ the services of foreign engineers. An engineering consulting company that requires the services of foreign engineers should register the foreign engineers with BEM to obtain temporary registration. Upon registration, companies should forward their applications for Employment Passes to the Immigration Department for endorsement. Specialised Technical Support Services 112 2. Machinery Maintenance Services Machinery maintenance services include periodic maintenance, troubleshooting, preventive maintenance, calibration, measurement and tools inspection. "Machinery" is categorised as certificated or non-certificated machinery and both must be certified by DOSH. The installation of any machinery in a factory must also be approved by DOSH. Certificated machinery is classified into the following:- Boilers (e.g. waste heat recovery boilers, steam generators) - Unfired pressure vessels (e.g. air receivers, petrochemical treatment vessels) - Passenger lifts and hoisting machinery The design of a certificated machinery must be approved by DOSH, and the machinery must be tested before it is installed. A company intending to provide maintenance services for certificated machineries must also register with DOSH. A company providing maintenance services for non-certificated machineries is not required to register with DOSH. 2.1 Approvals for Establishment Applicants intending to provide machinery maintenance services are required to incorporate a company under the Companies Act, 1965. (i) Registration as Boiler and Unfired Pressure Vessel Repairers A company intending to repair steam boilers or unfired pressure vessels is required to register with DOSH as boiler and unfired pressure vessel repairers. Repair involves the cutting, welding, patching or riveting of any part of the steam boiler or vessel that is subject to stress induced by fluid pressure. The Factories and Machinery Act, 1967 and the Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations, 1970 stipulate the requirements for the maintenance of steam boilers or unfired pressure vessels. DOSH will consider the following criteria for applications:- Qualifications and experience of the technical personnel involved in repairing boilers and unfired pressure vessels - Procedures of repair - Design calculations of the repair area Applications should be submitted to DOSH headquarters. DOSH officers will inspect the premises and interview key personnel to ascertain their knowledge and experience in the repair of boilers and unfired pressure vessels. Upon approval, the DOSH headquarters will issue an approval letter to the applicant. The registration will be valid for a period of one (1) year. 113 Specialised Technical Support Services 2.2 Equity Requirements The FIC has further liberalised the policy on foreign equity participation in the services sector by allowing foreign equity participation of up to 70%. The remaining 30% must be allocated to Bumiputeras, unless specific exemptions apply. 2.3 Financial Assistance (i) Grant for Business Planning and Development (ITAF 1) SMEs can apply for grants under ITAF 1 to undertake studies in business planning, technology and market development (e.g. technology and market feasibility studies). Eligibility criteria: - Incorporated under the Companies Act, 1965 - Annual sales turnover of not more than RM25 million and full-time employees of not more than 150 - At least 60% of their equity is held by Malaysians The maximum grant allocated to each company is RM 40,000. Assistance is given in the form of a matching grant, where 50% of the project cost is borne by the government and the balance by the applicant. Applications should be submitted to SMIDEC. (ii) Grant for Productivity and Quality Improvement and Certification (ITAF 3) SMEs are eligible to apply for a grant for productivity and quality improvement and to achieve international quality standards and certification (e.g. Quality Series: ISO 9000, ISO 14000, Productivity and Quality System Certification). Eligible expenses: - Cost of hiring technical expertise - Cost of acquiring skills and technology through training and obtaining technical information - Service cost for related schemes - Cost for testing and calibration - Cost of acquiring equipment for product testing, pollution prevention or safety - Cost of materials used in designing and developing prototypes The maximum grant allocated to each company is RM 250,000. Assistance is given in the form of a matching grant where 50% of the project cost will be borne by the Government and the balance by the applicant. Applications should be submitted to SMIDEC. Specialised Technical Support Services 114 2.4 Expatriate Employment A company providing machinery maintenance services in Malaysia may employ expatriates. The company must submit its applications for Employment Passes to the Immigration Department. 3. Occupational Safety and Health Management Services "Occupational Health" is the maintenance of the physical, mental and social well being of workers in all occupations and the prevention of health risks brought about by adverse working conditions. "Occupational Safety" is the physical environment of the workplace and the well being of the worker, and the creation of a conducive working environment through the adoption of safe work practices, procedures and Occupational Safety and Health management systems. Competent persons certified by DOSH including Assessors, Hygiene Technicians and Occupational Health Doctors must carry out the occupational safety and health management service providers. "An Assessor" evaluates threats to health arising from the use of chemicals at work. "A Hygiene Technician" inspects, examines and tests engineering control equipment (e.g general ventilation equipment) installed in a place of work. "An Occupational Health Doctor" is a medical practitioner registered with the Director General of DOSH to conduct the medical surveillance of employees. 3.1 Approvals for Establishment Any person intending to provide occupational safety and health management services is required to incorporate a company under the Companies Act, 1965. (i) General Requirements Any person intending to be registered as an Assessor or Hygiene Technician or an Occupational Health Doctor must fulfill the following requirements:- 115 - A Malaysian citizen or, if a foreign resident, holds a valid Malaysian work permit - At least 21 years of age at the time of application - A healthy person and of good character - Not guilty of any act of professional negligence as an engineer or a medical practitioner - Not convicted of any offence under the Act or regulations made thereunder - Not convicted of an offence under any law and sentenced to more than one year’s imprisonment or fined more than RM2,000 Specialised Technical Support Services Registration as Assessors A person applying to be registered with DOSH as an Assessor must also fulfill the following requirements:a) A certificate as an industrial hygienist recognised by the American Board of Industrial Hygiene or by any other accredited certification body recognised by DOSH Or b) A degree or postgraduate diploma in occupational safety and health, occupational safety, occupational health or industrial/occupational hygiene recognised* by the Government of Malaysia A minimum of one (1) year’s practice in occupational safety and health Conducted a chemical health risk assessment or has successfully attended the course for assessors on chemical health risk assessment conducted by the National Institute of Occupational Safety and Health (NIOSH) or by any training provider recognised by DOSH Or A degree in medicine, engineering, physics, chemistry, biochemistry, ergonomics or natural and applied sciences, recognised* by the Government of Malaysia A minimum of three (3) years’ practice in occupational safety and health Conduced a chemical health risk assessment or has successfully attended the course for assessors on chemical health risk assessment conducted by NIOSH, or by any training provider recognised by DOSH Or c) A diploma in engineering, physics, chemistry, biochemistry, ergonomics or natural and applied sciences recognised* by the Government of Malaysia A minimum of five (5) years’ practice in occupational safety and health Conducted a chemical health risk assessment or has successfully attended the course for assessor on chemical health risk assessment conducted by NIOSH, or by any training provider recognised by DOSH Or d) A Higher School Certificate/Sijil Tinggi Persekolahan Malaysia (STPM), a Polytechnic certificate or equivalent, with at least a credit in Chemistry at the Malaysian Certificate of Education (MCE)/the Sijil Persekolahan Malaysia (SPM) level A minimum seven (7) years’ practice in occupational safety and health Successfully attended the course for assessors on chemical health risk assessment conducted by NIOSH, or by any training provider recognised by DOSH Specialised Technical Support Services 116 Passed the examination for assessors conducted by NIOSH * Persons with qualifications that are not recognised by the Government of Malaysia may be registered on condition that they, in addition to the respective conditions under paragraphs b), c) or d), have passed the examination for assessors conducted by NIOSH. Or e) Be a registered safety and health officer A minimum of ten (10) years’ practice in occupational safety and health Successfully attended the course for assessors on chemical health risk assessment conducted by NIOSH, or by any training provider recognised by DOSH Passed the examination for assessors conducted by NIOSH Applications should be submitted to DOSH headquarters. An interview with the applicant will be conducted by DOSH. Successful applicants will be registered as Assessors for a maximum period of three (3) years. To renew their registrations, applicants must fulfill the following requirements:- Engaged in the work activities of an Assessor every year - Undergone education in the field of occupational safety and health (ii) Registration as Hygiene Technicians A person applying to be registered with DOSH as a Hygiene Technician must:a) Possess a diploma in occupational or industrial hygiene that is recognised by the Government of Malaysia Or b) Possess a valid DOSH certificate of competency in the monitoring of mineral dust exposures (i.e. approved as a Competent Person under the Factories and Machinery (Mineral Dust) Regulations, 1989) Possess a valid DOSH certificate for competency in the inspection, examination and testing of local exhaust ventilation systems (i.e. approved as a Competent Person under the Factories and Machinery (Asbestos Process) Regulations, 1986, or the Factories and Machinery (Mineral Dust) Regulations, 1989 to conduct the inspection, examination and testing of local exhaust ventilation systems) Or c) Possess a valid DOSH certificate of competency in the monitoring of mineral dust exposures, or a valid certificate for competency in the inspection, examination and testing of local exhaust ventilation systems Passed the examination for a Hygiene Technician conducted by NIOSH 117 Specialised Technical Support Services Or d) Possess the Sijil Pelajaran Malaysia (SPM) with at least a credit in Science subjects and Mathematics Completed at least one (1) year’s practice in occupational safety and health Attended a course for Hygiene Technicians conducted by NIOSH, or any training provider recognised by DOSH Passed the examination for Hygiene Technicians conducted by NIOSH Although a competent person who does not possess the two (2) competencies will not be registered as a Hygiene Technician, he may be allowed by the Director General to carry out the duties of a Hygiene Technician for the respective competencies for a period of not more than one (1) year. Applications should be submitted to DOSH headquarters. An interview with the applicant will be conducted by DOSH. Successful applicants will be registered as Hygiene Technicians for a maximum period of three (3) years. For renewal of registrations, an applicant must fulfill the following requirements:- Engaged in the work activities of a Hygiene Technician every year - Undergone education in the field of occupational safety and health (iii) Registration as Occupational Health Doctors A person applying to be registered with DOSH as an Occupational Health Doctor must:- Possess at least a postgraduate diploma in occupational health or occupational medicine that is recognised by the Government of Malaysia or by the Director General Or - Successfully completed an Occupational Health Doctor training course that is approved by the Director General, and has passed the Occupational Health Doctor’s examination conducted by NIOSH Applications should be submitted to DOSH headquarters. An interview with the applicant will be conducted by DOSH. Successful applicants will be registered as Occupational Health Doctors for a maximum period of three (3) years. Applicants intending to renew their registration must fulfill the following requirements:- Engaged in the work activities of an Occupational Health Doctor every year - Undergone education in the field of occupational safety and health Specialised Technical Support Services 118 3.2 Equity Requirements The FIC has further liberalised the policy on foreign equity participation in the services sector by allowing foreign equity participation of up to 70%. The remaining 30% must be allocated to Bumiputeras, unless specific exemptions apply. 3.3 Expatriate Employment A company intending to employ expatriates as Assessors and Hygiene Technicians should forward its application for Employment Passes to the Immigration department. A company requiring the services of foreign Occupational Health Doctors must first obtain the approval of the Malaysian Medical Council (MMC) before applying for Employment Passes to the Immigration Department. 4. Accreditation and Certification The Department of Standards Malaysia (DSM) under MOSTI is both the national standards and accreditation body. DSM is governed by the Standards of Malaysia Act, 1996. As the national accreditation body, DSM provides official recognition to the competency and capabilities of certification bodies that undertake activities such as the certification of quality management system (ISO 9001), environmental management system (ISO 14001) and product certification. 4.1 Approvals for Establishment Certification bodies are required to incorporate a company under the Companies Act, 1965. (i) Scheme for the Accreditation of Certification Bodies with DSM Requirements for Certification Bodies Companies intending to be recognised as accredited certification bodies of quality management systems (QMS), environmental management systems (EMS) and product certifications (PC) are required to comply with the accreditation critera DSM-ACB-D62 (equivalent to ISO/IEC Guide 62), DSM-ACB-D66 (equivalent to ISO/IEC Guide 66), DSM-ACB-D65 (equivalent to ISO/IEC Guide 65) respectively and also the policies and procedures of the ACB Scheme. Some of the pertinent requirements for these certification bodies are as follows:- 119 - Certification decision shall be made locally - The impartial structure shall be localised - Must have financial capability to operate a certification/registration system - Must have competent personnel with the requisite technical knowledge and academic qualifications Specialised Technical Support Services - Must provide services that are accessible to all applicants. Access must not be conditional upon the size of suppliers or membership of any association or group or other conditions. - Assessments of an applicant’s QMS, EMS or PC systems must be as outlined in the standards and the respective IAF guidelines For further details of the requirements for certification bodies, please refer to DSMACB-D62, DSM-ACB-66 and DSM-ACB-65 which are the total adoption of the international standards. These documents are available in DSM. Companies that wish to be recognised as accredited certification bodies are required to apply to DSM for accreditation of its certification system under the ACB scheme. However, accreditation to the ACB scheme is voluntary. Malaysia-accredited certificates have been accorded international recognition by members of the Pacific Accreditation Cooperation Multilateral Recognition Agreement (MLA) and the International Accreditation Forum Multilateral Recognition Agreement (MLA). Currently, the DSM accreditation service is limited to the accreditation of quality management system (ISO 9001), environmental management system (ISO 14001) and product certification. The DSM accreditation service is open to all, irrespective of whether they are local, government or non-government bodies, profit or nonprofit bodies, provided they fulfill the conditions under the ACB scheme. Applications for accreditation should be submitted to the Accreditation Division of DSM. Upon approval, a Certificate of Accreditation, which is valid for three (3) years, will be issued. 4.2 Equity Requirements The FIC has further liberalised the policy on foreign equity participation in the services sector by allowing foreign equity participation of up to 70%. The remaining 30% must be allocated to Bumiputeras, unless specific exemptions apply. 4.3 Expatriate Employment A quality and standard certification services company requiring the services of expatriates is required to submit its application for Employment Passes to the Immigration Department. Upon approval, it should forward its application for Employment Passes to the Immigration Department for endorsement. Specialised Technical Support Services 120 5. Testing and Calibration Services Companies providing testing and calibration services complying with ISO/IEC Guide 17025 are able to demonstrate that they operate a quality system, are technically competent and are able to generate technically valid test data and results. Laboratories services may fall under the following fields of testing and calibration:(i) Testing • Biological Biological, microbiological and biochemical testing and measurement, including examination of foods, drugs and pharmaceuticals, and testing for medical and veterinary purposes. • Chemical Chemical tests and analysis on products and materials • Electrical Testing of electrical and electronics components, instruments and equipment including commercial and industrial equipment and household appliances. • Fire Tests evaluating fire resistance, ignitability, flammability etc. of products and materials. • Mechanical Mechanical and physical testing of materials and products include metallurgical tests to determine the structures by techniques such as radiography, ultrasonics, penetrants, magnetic particles and eddy currents. (ii) Calibration 121 - Heat and temperature measurement - Mechanical, mass and force measurement - Electrical measurement - Flow pressure, viscosity and density measurement - Length and dimension measurement Specialised Technical Support Services 5.1 Approvals for Establishment Testing and calibration laboratories are required to incorporate a company under the Companies Act, 1965. (i) Accreditation under the Laboratory Accreditation Scheme of Malaysia (SAMM) with the Department of Standards Malaysia Requirements for Testing and Calibration Laboratories A company intending to operate an internationally recognised testing and calibration laboratory is required to comply with the International Standard ISO/IEC 17025. It is applicable to all companies conducting tests and calibrations that form part of their inspection services and product certifications. It also applies to all laboratories, irrespective of the number of personnel and the scope of testing and calibration. Companies that wish to be recognised as accredited testing and calibration laboratories should apply to DSM for accreditation of their testing and calibration systems, in accordance with SAMM. Applications for accreditation of testing and calibration laboratories are voluntary. The SAMM accreditation service is available to any testing or calibration laboratory, whether it is private, government or inhouse. Accredited laboratories are required to participate in the proficiency testing programmes or interlaboratory comparisons from reputable sources as a means to complement on-site laboratory assessments and to provide objective data about the performance of individual laboratories. Applications for SAMM accreditation of testing and calibration laboratories should be submitted to the Accreditation Division of DSM. Upon approval, a Certificate of Accreditation, which is valid for two (2) years will be issued. (ii) Licence to Grade Cocoa A company intending to provide grading services for cocoa must obtain Licences to Grade Cocoa from the Malaysian Cocoa Board (MCB). The requirements for the grading of cocoa are stipulated under the Malaysian Cocoa Act, 1988, Cocoa Regulations (Licensing and Grading), 1991 and Specifications For Grading of Malaysian cocoa (MS 293) 1995. A grading agent grades cocoa beans and issues grading certificates for export purposes. To obtain a Licence to Grade Cocoa from MCB, grading agents must fulfill the following conditions:- Provide the requisite facilities such as machinery and equipment for cocoa grading - Employ at least two (2) graders of cocoa beans who hold at least the Malaysian Certificate of Education, or Sijil Pelajaran Malaysia. Applications for a Licence to Grade Cocoa should be submitted to MCB office. Upon approval, the MCB headquarters will issue a licence which is valid for one (1) to five (5) years and is renewable. Specialised Technical Support Services 122 5.2 Equity Requirements The FIC has further liberalised the policy on foreign equity participation in the services sector by allowing foreign equity participation of up to 70%. The remaining 30% must be allocated to Bumiputeras, unless specific exemptions apply. 5.3 Financial Assistance (i) Grant for Business Planning and Development (ITAF 1) SMEs which undertake studies in business planning, technology and market development (e.g. technology and market feasibility studies) are eligible to apply for the grant. A company providing calibration services may apply for the grant if it fulfills the following requirements: - Incorporated under the Companies Act, 1965 - A manufacturing company or companies providing manufacturing related services with an annual sales turnover of not more than RM25 million and with full-time employees of not more than 150 people - At least 60% of its equity is held by Malaysians The maximum amount allocated to each company is RM 40,000. Assistance is in the form of a matching grant with 50% of the project cost borne by the Government and the balance by the applicant. Applications should be submitted to SMIDEC. 5.4 Expatriate Employment A company providing technical testing and quality control services that require the services of expatriates should forward its application for Employment Passes to the Immigration Department. 6. Irradiation and Gas Sterilisation Services "Irradiation" is the exposure of products to an ionising ray (beta ray, gamma ray and X-ray) to reduce / eliminate harmful bacteria, viruses and spores in products. "Gas Sterilisation" involves the exposure of products to a sterilising gas such as ethylene oxide. 6.1 Approvals for Establishment An applicant intending to provide irradiation and gas sterilisation services is required to incorporate a company under the Companies Act, 1965. 123 Specialised Technical Support Services (i) Licences for Radioactive Material and Irradiating Apparatus A company intending to provide irradiation services for the medical devices industry is required to apply to AELB for the following licences:- Class A Licence - licence to manufacture, trade in, produce, process, purchase, own, possess, use, transfer, handle, sell or store radioactive material - Class C Licence - licence to manufacture, trade in, produce, process, purchase, own, possess, use, transfer, handle, sell or store irradiating apparatus The management and operation of irradiation services are governed by the following Acts and Standards:- Atomic Energy Licensing Act, 1984 - Atomic Energy Licensing Act, 1984: Radiation Protection (Licensing) Regulations, 1986 - Atomic Energy Licensing Act, 1984: Radiation Protection (Basic Safety Standards) Regulations, 1988 - Malaysian Standards (MS 838): Code of Practice for Radiation Protection (Medical X-Ray Diagnosis) To obtain a Class A or Class C licence, an applicant must have competent persons to carry out the irradiating activities, and possess adequate equipment, facilities and procedures to protect the heath and safety of employees. (A) Class A Licence To obtain a Class A Licence, the applicant must fulfill the following requirements:Radiation Protection Officer (RPO) The applicant must employ a Radiation Protection Officer (RPO) to deal with radiation gauging or X-ray gauging. If there is more than one candidate for the RPO, the applicant must select one of them to be the RPO and employ the rest as supervisors. The promotion of a supervisor to an RPO must be approved by AELB. Radiation Protection Consultant Services If an RPO is unavailable, the applicant may hire a Radiation Protection Consultant from the authorised Consultant Agency approved by AELB, to take over the RPO duties. A Radiation Protection Consultant may be engaged for a maximum period of six (6) months, after which the company must employ its own RPO. Operator (Radiation Gauges & X-ray Gauges) An applicant intending to employ workers to handle facilities or radiation gauges or X-ray gauges equipment must register them with AELB as radiation workers. Applications for Class A Licences should be submitted to the Assessment and Licensing Division of AELB’s headquarters. A Class A Licence is valid for a period of one (1) to three (3) years. Specialised Technical Support Services 124 (B) Class C Licence To obtain a Class C Licence, the applicant must fulfill the following requirements:Person Responsible for the Licence The licencee must possess a current Annual Practising Certificate (APC). The address of the practice as specified in his/her current APC should be the same as the address where the apparatus is to be used or stored. Person Who Operates the Apparatus - A qualified radiographer, full-time or part-time. - A worker trained in the programmes approved by the licensing authority (inclusive of training already carried out). The training syllabus and facilities will be vetted before approval is given. Irradiating Apparatus - The irradiating apparatus used must be of the approved type. - In an institution in which there is only one irradiating apparatus, the apparatus must not be more than 11 kW power (100 mA at 110 kV). The quality of radiographs will be increased and radiation hazards reduced with the use of a high power apparatus. Applications for Class C Licences should be submitted to the Assessment and Licensing Division of AELB, which will forward the application to the Ministry of Health (MOH) for processing and approval. The Class C Licence is valid for one (1) to three (3) years. 6.2 Equity Requirements A company granted incentives under the Promotion of Investments Act, 1986 to undertake irradiation and gas sterilisation services can have a 100% foreign equity ownership of up to 100%. 6.3 Incentives A company providing gas sterilisation and irradiation services can be considered for the following incentives:(i) Pioneer Status Companies undertaking the above activities are eligible for Pioneer Status which provides a tax exemption on 70% of the statutory income for a period of five (5) years. Applications received from companies located in the promoted areas i.e. the States of Sabah, Sarawak and the designated "Eastern Corridor" of Peninsular Malaysia will enjoy a 100% tax exemption on their statutory income during their five (5) year exemption period. All project applications received by 31 December 2005 will be eligible for this enhanced incentive. 125 Specialised Technical Support Services Or (ii) Investment Tax Allowance As an alternative to Pioneer Status, a company may apply for Investment Tax Allowance (ITA). The ITA provides for an allowance of 60% on the qualifying capital expenditure incurred within five (5) years from the date the first qualifying capital expenditure is incurred. Companies can offset this allowance against 70% of the statutory income in the year of assessment. Any unutilised allowance may be carried forward to subsequent years until the whole amount is used up. The remaining 30% of the statutory income will be taxed at the prevailing company rate. Applications received from companies located in the promoted areas i.e. the States of Sabah, Sarawak and the designated "Eastern Corridor" of Peninsular Malaysia, will enjoy an allowance of 100% on the qualifying capital expenditure incurred within a period of five (5) years. The allowance can be utilised to offset against 100% of the statutory income for each year of assessment. All project applications received by 31 December 2005 will be eligible for this enhanced incentive. Applications for Pioneer Status and ITA should be submitted to MIDA. (iii) Exemption from Import Duty on Raw Materials/Components Exemption from import duty can be considered on imported raw materials/components used directly to provide irradiation and gas sterilisation services. Applications should be submitted to MIDA. (iv) Exemption from Import Duty and Sales Tax on Machinery and Equipment Exemption from import duty and sales tax can be considered for imported machinery and equipment not available locally and used directly to provide irradiation and gas sterilisation services. Irradiation and gas sterilisation machinery and equipment purchased locally are exempted from sales tax. Applications should be submitted to MIDA. 6.4 Expatriate Employment A company applying for incentives for gas sterilisation and irradiation services requiring expatriate posts should submit its applications to MIDA. A company not applying for incentives for gas sterilisation and irradiation services and require expatriate posts should forward its applications for Employment Passes to the Immigration Department. Specialised Technical Support Services 126 7. Clinical Trials, Bioavailability/Bioequivalence or Efficacy Trials for the Pharmaceutical Industry Clinical trials are investigations carried out on human beings that are conducted by persons with scientific training/experience, for the purpose of determining the safety, effectiveness and other effects of pharmaceutical products. Clinical trials can be categorised into bioavailability/bioequivalence studies and efficacy trials. "Bioavailability" is the rate and extent to which an active substance is absorbed in a pharmaceutical form and becomes available at the site of action. "Bioequivalence" emerges when two (2) medicinal products are pharmaceutical equivalents or alternatives and if their bioavailabilities after administration in the same molar dose are similar to such a degree that their effects, with respect to both efficacy and safety, will be the same. "Efficacy Trial" is a study conducted on patients to evaluate the effectiveness and safety of a drug under certain disease conditions. 7.1 Approvals for Establishment Medical research institutes intending to conduct clinical trials, bioavailability/bioequivalence or efficacy trials for the pharmaceutical industry are required to incorporate a company under the Companies Act, 1965. Upon incorporation, these companies are required to obtain approvals to conduct clinical trials from the Research Review Committee (RRC) and Medical Research Ethics Committee (MREC) of the respective public hospitals, universities, private sectors and multi-centre studies. Clinical Trials Import Licences (CTIL) or the relevant clinical trial permits are required for the operation. (i) Approvals to Conduct Clinical Trials A company intending to conduct clinical trials is required to obtain the following approvals before carrying out the trials:- Approval from the Research and Ethics Committees, which are available at the respective universities and private institutions - Approval from the National Pharmaceutical Control Bureau (NPCB) for clinical trial import licence for the drugs required for the study The research committee reviews the scientific merit of each research proposal while the ethics committee reviews the ethical aspects of the study to safeguard the rights, safety and well being of all trial subjects. The above applications can be submitted concurrently. Clinical trials may be conducted at public hospitals run by the Ministry of Health (MOH), universities, private clinics/institutions and multi-centre studies. Clinical trials are governed by the Malaysia Guidelines for Good Clinical Practice (GCP), which has adopted the basic principles outlined by the International Committee on Harmonization of Good Clinical Practice (ICH-GCP). 127 Specialised Technical Support Services (ii) Import Licences/Permits for Purpose of Clinical Trials A company intending to import products not registered with the Drug Control Authority (DCA), and placebos for the purpose of clinical trials, must obtain a clinical trial import licence/permit from NPCB. The application to NPCB must be made by a principal investigator or an authorised person from a locally incorporated pharmaceutical company (sponsor), who has a permanent address in Malaysia. There are four (4) types of licence/permits as follows:- Clinical Trial Import Licence (CTIL) - Permit for a clinical trial of: 1. An unregistered drug which is manufactured in Malaysia 2. A registered drug with special labelling 3. A clinical trial of a new indication for a registered product Clinical Trial Import Licence A company intending to import products not registered with DCA for clinical trials require a CTIL. Applications should be submitted to NPCB. Clinical Trial Permit for Unregistered Products to be Manufactured in Malaysia for Clinical Trials A company intending to manufacture products not registered with the DCA and used for clinical trials require a permit from NPCB for the manufacture of the products and to conduct clinical trials. Applications should be submitted to NPCB. Clinical Trial Permit for Registered Drug with Special Labelling A company intending to use products not registered with DCA and requiring special labelling (i.e. the 'product name' is to be substituted with a protocol number or to be ‘blinded’ and the label is for clinical trials) must obtain a permit to import the said product. Applications should be submitted to NPCB. Clinical Trial Permit for a New Indication of a Registered Product A company intending to use products registered with the DCA with the purpose of finding new indications for the products require a permit for the conduct of the clinical trial for locally manufactured drug(s) and imported drug(s). The approval is given for a period of three (3) years. Applications should be submitted to NPCB. Specialised Technical Support Services 128 7.2 Equity Requirements The FIC has further liberalised the policy on foreign equity participation in the services sector by allowing foreign equity participation of up to 70%. The remaining 30% must be allocated to Bumiputeras, unless specific exemptions apply. 7.3 Incentives A company providing clinical trials, bioequivalence/bioavailability and efficacy trials can be considered for the following R&D incentives:(i) Contract R&D Company Companies providing clinical trials, bioequivalence, bioavailability or efficacy trials and are contract R&D companies, i.e. companies that provide R&D services in Malaysia to a company other than its related company, are eligible for:- Pioneer Status with a tax exemption of 100% of the statutory income for five (5) years - ITA of 100% on the qualifying capital expenditure incurred within 10 years, which can be offset against 70% of statutory income in the year of assessment (ii) R&D Company A company providing clinical trials, bioequivalence, bioavailability or efficacy trial, and a R&D company, i.e. a company that provide R&D services in Malaysia to its related company or to any other company, is eligible for an ITA of 100% on the qualifying capital expenditure incurred within 10 years, which can be offset against 70% of the statutory income in the year of assessment. Eligibility criteria: A contract R&D and a R&D company may apply for the incentives if they fulfill the following criteria:- Research undertaken should be in accordance with the needs of the country and bring benefits to the economy - At least 70% of the income of the company should be derived from R&D activities - For manufacturing-based R&D, at least 50% of the workforce of the company must be appropriately qualified personnel performing research and technical functions - For agriculture-based R&D, at least 5% of the workforce of the company must be appropriately qualified personnel performing research and technical functions. (iii) In-house R&D 129 A company undertaking clinical trials, bioequivalence, bioavailability or efficacy testing, and in-house R&D to further its business may apply for an ITA of 50% on qualifying capital expenditure incurred within ten (10) years. Companies can offset the allowance against 70% of their statutory income in the year of assessment. Specialised Technical Support Services (iv) R & D Incentives for Reinvestments R&D companies mentioned in categories (i) – (iii) will be eligible for a second round of Pioneer Status for another five (5) years, or an ITA for a further 10 years, where applicable. Applications for the above incentives should be submitted to MIDA. (v) Double Deduction for Research & Development - Any company undertaking in-house R&D activities can enjoy a double deduction for its revenue expenditure for research which is directly undertaken and approved by the MOF - Approved R&D expenditure incurred during the Pioneer Status period is allowed to be accumulated and brought forward and be given another deduction after the Pioneer Status period - Expenditure on R&D activities undertaken overseas, including the training of Malaysian staff, will be considered for double deduction on a case-by-case basis - Double deduction for cash contributions or donations made to approved research institutes - Double deduction on payments for the use of the services of approved research institutes, approved research companies, R&D companies or contract R&D companies Claims should be submitted to IRB. 7.4 Expatriate Employment A company applying for incentives for clinical trials, bioequivalence/ bioavailability and efficacy testing for the pharmaceutical industry may apply for expatriate posts. Applications should be submitted to MIDA. Upon approval, companies should forward their applications for Employment Passes to the Immigration Department for endorsement. 8. Central Utility Facilities A CUF is defined as a facility capable of supplying utilities from a common complex at competitive prices and higher efficiency. A company that qualifies as an integrated CUF is eligible for tax incentives. Core services provided by an integrated CUF includes the supply, storage, handling and other services of energy, water and gas. Currently, the integrated CUF is only available for the petrochemical industry. A company that can provide similar CUF services to other industries may qualify as integrated CUF providers and be eligible for tax incentives. Specialised Technical Support Services 130 8.1 Approvals for Establishment An investor intending to provide CUF is required to incorporate a company under the Companies Act, 1965. (i) Public Licence for Electricity Power Stations Public Licences for Electricity Power Stations must be obtained by companies that are engaged in the generation, transmission and/or distribution of electricity, either for private or public usage. The licences can be obtained from the Energy Commission (EC). This requirement also applies to companies involved in similar activities in the running of integrated CUF operations. The Electricity Act, 1990, the Electricity Regulation Act, 1994, and the Energy Commission Act, 2001, govern activities that are related to the generation, transmission and distribution of electricity. Applications for Public Licences for Electricity Power for public usage should be submitted to the headquarters of EC. A Public Licence for Electricity Power is valid for a period of five (5) to 21 years. (ii) Registration with EC as Competent Persons to Operate and Supervise the Installation of Electricity Any person who operates and supervises the installation of electricity and includes those who are involved in similar activities for CUF operations must register with the EC. They comprise the following categories:• Electrical Competent Engineer • Electrical Services Engineer • Electrical Supervisor • Electrical Chargeman • Wireman Activities related to the installation of electricity are outlined in the Electricity Act, 1990, the Electricity Regulations Act, 1994, and the Energy Commission Act, 2001. A certified competent person must pass a competency examination. Successful applicants will be issued a certificate and registered as a competent person by the EC. The certificate is valid for one (1) year and is renewable. (iii) Approval for Waste Water Treatment Facilities and Effluent Discharge Integrated CUF providers that operate facilities for treating waste water and effluents must apply for approval from the nearest DOE office, in accordance with the Environmental Quality Act, 1974. 131 Specialised Technical Support Services (iv) Registration of Certificated Machinery with DOSH A company intending to install and operate unregistered certificated machinery such as boilers, unfired pressure vessels and hoists for CUF operations is required to obtain prior written approval from DOSH. The machinery must first be registered with DOSH as certificated machinery. Applications should be submitted to DOSH headquarters for design approval of unfired pressure vessels. Upon approval, applicants should seek permission to install and operate boilers, unfired pressure vessels and hoists from DOSH. The CF for boilers, unfired pressure vessels and hoists will be issued by DOSH. 8.2 Equity Requirements A company granted incentives under the Promotion of Investments Act, 1986 to undertake integrated CUF services is eligible for 100% foreign equity ownership. 8.3 Incentives A company carrying out integrated CUF services is eligible for Pioneer Status or Investment Tax Allowance as follows:(i) Pioneer Status Companies undertaking the above activities are eligible for Pioneer Status which provides a tax exemption on 70% of the statutory income for a period of five (5) years. Applications received from companies located in the promoted areas i.e. the States of Sabah, Sarawak and the designated "Eastern Corridor" of Peninsular Malaysia will enjoy a 100% tax exemption on their statutory income during their five (5) year exemption period. All project applications received by 31 December 2005 will be eligible for this enhanced incentive. Or (ii) Investment Tax Allowance As an alternative to Pioneer Status, a company may apply for Investment Tax Allowance (ITA). The ITA provides for an allowance of 60% on the qualifying capital expenditure incurred within five (5) years from the date the first qualifying capital expenditure is incurred. Companies can offset this allowance against 70% of the statutory income in the year of assessment. Any unutilised allowance may be carried forward to subsequent years until the whole amount is used up. The remaining 30% of the statutory income will be taxed at the prevailing company rate. Applications received from companies located in the promoted areas i.e. the States of Sabah, Sarawak and the designated "Eastern Corridor" of Peninsular Malaysia, will enjoy an allowance of 100% on the qualifying capital expenditure incurred within a period of five (5) years. The allowance can be utilised to offset against 100% of the statutory income for each year of assessment. All project applications received by 31 December 2005 will be eligible for this enhanced incentive. Applications for Pioneer Status and ITA should be submitted to MIDA. Specialised Technical Support Services 132 Eligible applicant: • A new company intending to set up an integrated CUF project to provide quality utility services/facilities for a cluster of related industries in a specific location. • An existing company that has set up an integrated CUF project that intends to expand or diversify its utility services/facilities for a cluster of related industries in a specific centralised location Eligibility criteria: • Incorporate a company under the Companies Act, 1965. • Undertakes the following eligible services: CUF Supporting the Petrochemical Industry The CUF project should provide at least two (2) of the following utility services/facilities:- Energy (e.g. electricity, steam, chilled water) - Water (e.g. demineralised water, fire water) - Gas (e.g. industrial gases such as nitrogen, oxygen, compressed air, instrument air) - Storage and Handling (e.g. tank farms, pipe lines, pipe racks) - Other Services (e.g. fire fighting, emergency response aid, maintenance and engineering services, waste water treatment) 8.4 Expatriate Employment A company that provides Integrated Central Utility Facility (CUF) services may apply for both types of expatriate posts, Key Posts and Time Posts. Applications should be submitted to MIDA. Upon approval, companies should forward their applications for Employment Passes to the Immigration Department for endorsement. 133 Specialised Technical Support Services Specialised Technical Support Services 134 Chapter 12 Information and Communication Technology 1. Hardware and Software Consultancies, Database Activities, Content Development, Internet-Based Business Application Services, E-Commerce Services / Solutions, System Integration, Computer Assisted Manufacturing Services, Call Centres and Centralised Help-Lines 1.1 1.2 1.3 1.4 1.5 2. Approvals for Establishment Equity Requirements Incentives Other Financial Assistance Expatriate Employment Other ICT Services 2.1 2.2 2.3 2.4 Approvals for Establishment Equity Requirements Incentives and Other Financial Assistance Expatriate Employment Chapter 12 Information and Communication Technology ICT-related services include the following: - Hardware and software consultancies - Database activities - Content development - Internet-based business application services - Provision of e-commerce services/solutions - System integration - Computer-assisted manufacturing services - Operation of call centres and centralised help-lines Hardware and software consultancies provide services such as supporting and developing strategies in the application of servers, network, computers, etc. Database activities include data management, data security and data retrieval services. Content development services include producing educational CD-Rom, providing on-line news and information, gaming software, etc. Internet-based business application services include e-mail services, Application Service Provider (ASP) services, hosting services, etc. Electronic commerce (e-commerce) is a commercial transaction between parties entered into an electronic medium without the physical presence of the parties. Ecommerce transactions can be concluded anytime and anywhere, regardless of national boundaries. E-commerce services/solutions include Electronic Government (e-Government), Business-to-Business, Business-to-Consumers, etc. System integration services include Electronic Database Information (EDI), data warehousing, Electronics Application Integration (EAI). Computer-assisted manufacturing services include process automation, robotics, automated material handling systems and supply chain integration/management. 137 Information and Communication Technology 1. Hardware and Software Consultancies, Database Activities, Content Development, Internet-Based Business Application Services, E-Commerce Services/Solutions, Systems Integration, Computer Assisted Manufacturing Services, Call Centres and Centralised Help-Lines 1.1 Approvals for Establishment Companies intending to provide the above ICT services are required to undertake the following:• Incorporate a company under the Companies Act, 1965 • Under the Service Tax Act, 1975, and the Service Tax Regulations, 1975, companies which provide management consultancy services in the ICT industry and generate a total annual sales turnover of RM150,000 or more are required to obtain a Service Tax Licence. These companies include those providing consultancy services in the purchase of computers, the implementation of software development, and the selection of a systems integrator, as well as other consultancy services that involve the provision of independent, professional services and advice, including advice on business strategies, organisational set-ups and future directions of the company. However, consultancy services that are provided by a company to other companies within the same group are exempted from the Service Tax. Applications should be submitted to the Royal Customs Department. 1.2 Equity Requirements Companies that are granted incentives under the Promotion of Investments Act, 1986 or MSC status to undertake the above ICT services are exempted from the equity condition. 1.3 Incentives (i) Incentives for the Multimedia Super Corridor The incentives enjoyed by MSC status companies are:• Five (5) year exemption from Malaysian income tax (Pioneer Status), renewable to 10 years, or a 100% ITA for up to five (5) years on new investments made in MSC cybercities. These incentives are provided for under the Promotion of Investments Act, 1986 • R&D grants for local SMEs Information and Communication Technology 138 Other benefits: - Duty-free import of multimedia equipment - Intellectual property protection and of a comprehensive framework of cyberlaws - No censorship of the Internet - World-class physical and IT infrastructure - Globally competitive telecommunication tariffs and services - High-powered implementation agency, the Multimedia Development Corporation, to provide consultancy and assistance within the MSC - A well-planned high quality urban development - Excellent R&D facilities - A green and protected environment Eligibility criteria: - Be a provider or a heavy user of multimedia products and services - Employ a substantial number of knowledge workers - Contribute to technology transfer and the development of MSC and the Malaysian economy Applications should be submitted to MDC. (ii) Incentives for Software Development Companies that undertake the development of both original and/or major modifications of existing software, other than those that are deemed to be already established, are eligible for Pioneer Status with a tax exemption of 70% of their statutory income for a period of five (5) years. Eligibility criteria:- The computer software must be developed for general applications - For companies undertaking modifications of existing software packages, the cost of acquiring the existing packages must not exceed 25% of the modification expenditure, inclusive of the expenditure for software tools, labour and equipment. Applications should be submitted to MIDA. 139 Information and Communication Technology (iii) Accelerated Capital Allowance Companies are eligible for an initial allowance of 20% and an annual allowance of 40% for expenditure incurred in acquiring computers and information technology assets, including softwares. Thus, the expenditure can be written-off in two (2) years. The cost of developing websites is allowed as an annual deduction of 20% for a period of five (5) years. Claims should be submitted to IRB. 1.4 Other Financial Assistance (i) Industry Research and Development Grant Scheme (IGS) This scheme is meant for R&D activities that support the Second Industrial Master Plan clusters with prospects of commercialisation. The following priority technology areas are eligible for consideration under IGS:- Advanced manufacturing Advanced materials Aerospace Automotive Biotechnology Ceramics Composite materials Electronics Energy Environmental technology - Hi-technology machinery & equipment ICT Marine & aquaculture technology Nanotechnology Nutraceuticals & pharmaceuticals Petrochemicals Photonics Polymers Poultry & poultry-based products Resource-based products Eligibility criteria: - Wholly Malaysian-owned company or Malaysian majority-owned joint venture SME formed under the Companies Act, 1965 - Technical collaboration with one (1) or more local public or approved private R&D institutes or universities - The approved R&D activities under IGS must be undertaken in Malaysia - Intellectual Property Rights (IPR) belong to the company Eligible expenditure: - Salary expenditure of R&D personnel (based on man-months involved, including for full- and part-time employees) - Contract expenditure (i.e. related to contracted R&D activities) - Expenditure on consumables & prototypes Information and Communication Technology 140 - Pilot plant and R&D equipment expenditure (not exceeding 40% of the total grant approved) - Administrative costs (e.g. rental of premise to conduct R&D, EPF and Social Security Organisation (SOCSO) payments for employees directly involved in the R&D project) - Project-related travel (except domestic travel) The duration of the grant is for a maximum of three (3) years. The amount approved will be determined on the merits of each application, subject to a ceiling of RM4 million or 70% of the approved project cost, whichever is lesser. Payment is on a reimbursable basis. Applications should be submitted to the IGS Secretariat, MOSTI. (ii) Multimedia Super Corridor R&D Grant Scheme An ICT company that has MSC status is eligible to apply for an MSC R&D Grant Scheme (MGS). The purpose of the scheme is to assist local companies or joint ventures to develop multimedia technologies and applications which will contribute to the overall development of MSC. Priority for the grant will be given to R&D projects leading to the development of R&D products and the multimedia value chain and Flagship Applications. The key features of the MGS are as follows:- A grant of up to 70% of the total estimated project cost. The amount of the grant approved will be determined based on the merits of each case - Each project is funded for up to two (2) years - Repayment is not required - Payment is on a reimbursable basis - An advance will be considered for initial set-up costs, including capital expenditure - Disbursements are given on a quarterly basis upon receipt of the project progress report and certified statement of accounts - Notifications and justifications have to be submitted six (6) months prior to the end of the project (In situations where the project funding period needs to be extended) Eligibility criteria: 141 - A company with MSC status - At least 51% of its equity is held by Malaysians - R&D projects that are aligned with MSC goals - Potential impact on the success of the MSC Information and Communication Technology - Lingkages to local research institutes and leading companies - Involvement of local knowledge workers in the R&D core team - Growth impact on SMEs - Potential contribution to the Malaysian economy Applications should be submitted to the MDC. (iii) Demonstrator Applications Grant Scheme (DAGS) Demonstrator applications are small, focused and short-term ICT-based projects (not exceeding one (1) year) aimed at developing and promoting new applications with the potential to be scaled up at a later stage and with prospects for early commercialisation. The key features of DAGS are as follows:- A grant of up to 70% of the total project cost. The amount of the grant approved will be determined by the merits of each case - Up to 30% of the approved project cost will be allocated for the cost of hardware, software, installation and utilities - The main portion of the grant is to cover the costs of content and community development activities - Utilisation of open-source application software is encouraged - Each project is funded for up to a period of one (1) year - Repayment is not required - Payment is on a reimbursable basis Eligible applicant: - A Malaysian citizen - A company or a locally-registered organisation with at least 51% Malaysian ownership - A government agency - A non-governmental organisation (NGO) - A non-profit organisation (NPO) Information and Communication Technology 142 A DAGS project should be related to any one (1) of the following Strategic Priority Areas (SPA):- Social Digital Inclusion (SDI) The status of seven (7) groups in society has been targetted for advancement through ICT development. These include the rural poor and natives of Sabah & Sarawak; urban poor; women; youth; disabled people; senior citizens; and SMEs - Economic Competitiveness (EC) Companies are encouraged to adopt ICT as the means to innovate methodology, modification of existing processes, and new systems to achieve economic competitiveness. Priority sectors are manufacturing, agriculture and services. - E-Public Services (e-PS) Applications should be submitted to the DAGS Secretariat under the Malaysian Institute of Microelectronic Systems (MIMOS). 1.5 Expatriate Employment Companies granted MSC status and incentives are allowed to employ expatriate knowledge workers without any restriction. 2. Other ICT Services 2.1 Approvals for Establishment (i) Registration under Class and Individual Licences There are two types of licences, namely, the Class Licence and the Individual Licence. Both are issued under the Communications and Multimedia Act, 1998. (A) Class Licence An individual or a company undertaking the following activities is required to register under a Class Licence, in accordance with the Communications and Multimedia (Licensing) Regulations, 2000:- 143 - Audio-text hosting services - Directory services - Internet access services - Messaging services Information and Communication Technology To register under the Class Licence, the applicant must either be:- A Malaysian citizen or a permanent resident of Malaysia; or - A company incorporated under the Companies Act, 1965. The Class Licence is valid for one (1) year and renewable. The Malaysian Communication and Multimedia Commission (MCMC) will endorse the registration notice and return a duplicate licence to the applicant. The endorsement notice serves as evidence of registration. (B) Individual Licence Individual Licences are issued to service providers that undertake the following market activities: Network Facility Provider - Earth stations - Fixed links and cables - Public payphone facilities - Radio communications transmitters and links - Satellite hubs - Satellite control stations - Space stations - Submarine cable landing centres - Switching centres - Towers, poles, ducts and pits used in conjunction with other network facilities Network Service Providers - Bandwidth services - Broadcasting distribution services - Cellular mobile services - Access applications service - Space services Information and Communication Technology 144 Application Service Providers - Public switch telephone networks (PSTN) - Public cellular services - Internet protocol telephony - Public payphone services - Public switched data services Content Application Service Providers - Satellite broadcasting - Subscription broadcasting - Terrestrial free to air TV - Terrestrial radio broadcasting To be eligible for an Individual Licence, the applicant must incorporate a company under the Companies Act, 1965. The individual licence must be renewed not later than 60 days before its expiry date. Applications for both Class and Individual Licences should be submitted to MCMC. Activities Exempted from Licensing with MCMC The following ICT services are exempted from licensing:Network Facilities - Broadcasting and production studios - Incidental network facilities - Internet cross-connect equipment - Private network facilities Network Services - Incidental network services - LAN services - Private network services - Router internetworking Application Services 145 Electronic transaction services Information and Communication Technology - Interactive transaction services - Networked advertising boards and Cineplex - Web hosting or client servers Content Application Services - Internet content application services (ii) Service Tax Licence Under the Service Tax Act, 1975, and the Service Tax Regulations, 1975, the following persons or services are subject to Service Tax Licence:- Any person who provides communication services who is registered under the Communications and Multimedia Act, 1998, or who is licensed under the Communications and Multimedia (Licensing) Regulations, 2000 - The provision of telecommunication services in the form of telephone, facsimile, tele-mail, paging, cellular phone, telex, bandwidth services or valueadded services - Any person who provides consultancy services that generate a total annual sales turnover of RM150,000 or more. Consultancy services in the ICT industry include consultancy in the purchase of computers, implementation of software development, and the selection of a systems integrator, as well as other consultancy services that involve the provision of independent, professional services and advice, including advice on business strategies, organisational set-ups and future directions. However, consultancy services that are provided by a company to other companies within the same group are exempted from the Service Tax. 2.2 Equity Requirements The FIC has further liberalised the policy on foreign equity participation in the services sector by allowing foreign equity participation of up to 70%. The remaining balance of 30% must be allocated to Bumiputeras, unless specific exemptions apply. 2.3 Incentives and Other Financial Assistance Please refer to Section 1 for details on the incentives i.e. Software Development and Accelerated Capital Allowance as well as other financial assistance i.e. IGS, MGS and DAGS. 2.4 Expatriate Employment Companies granted MSC status and incentives are allowed to employ expatriate knowledge workers without restrictions. Other than software development, companies granted incentives under the Promotion of Investments Act, 1986, ICT companies located outside the MSC are required to submit their applications for expatriate posts directly to the Immigration Department. Information and Communication Technology 146 Chapter 13 Environmental Management Services 1. Environmental Impact Assessment (EIA) Consultancy 1.1 Licences, Registrations and Approvals 1.2 Equity Requirements 1.3 Expatriate Employment 2. Scheduled Wastes Management Services 2.1 2.2 2.3 2.4 3. Licences, Registrations and Approvals Equity Requirements Incentives Expatriate Employment Environmental Pollution Control Consultancy 3.1 Licences, Registrations and Approvals 3.2 Equity Requirements 3.3 Expatriate Employment 4. Energy Services Company (ESCO) 4.1 4.2 4.3 4.4 5. Licences, Registrations and Approvals Equity Requirements Incentives Expatriate Employment Small Renewable Energy Power Programme (SREP) 5.1 5.2 5.3 5.4 Licences, Registrations and Approvals Equity Requirements Incentives Expatriate Employment Chapter 13 Environmental Management Services Environmental management services cover, amongst others, the following: - Environmental impact assessment (EIA) consultancy - Environmental management system (EMS) compliance with ISO 14000 - Scheduled wastes management (includes waste recycling, waste disposal and recovery, sewage recovery and disposal, sanitation and similar activities) - Environmental pollution control consultancy - Energy-related services including energy conservation services and energy efficiency services. For Environmental Management System (EMS) compliance with ISO 14000, details on the policies and procedures for establishment are provided in Chapter 11 under the section entitled "Accreditation and Certification". Companies intending to undertake environmental management services must be incorporated locally under the Companies Act, 1965. In addition, specific licences, registrations or approvals must be obtained by companies intending to directly undertake the activities listed below:- 1. Environmental Impact Assessment (EIA) Consultancy Companies can provide consultancy services to conduct Environmental Impact Assessment (EIA) studies and prepare EIA reports for projects that fall under the list of ‘Prescribed Activities’ for submission to DOE. An EIA must be conducted for ‘Prescribed Activities’ stipulated in the Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order, 1987. The consultant for an EIA study can either be an individual, or a company. 1.1 Licences, Registrations and Approvals Registration with the DOE as an EIA consultant (individual or company) is encouraged as the registration provides a competitive advantage to the consultant in authorising such reports. Only EIA consultants that are registered with the DOE are allowed to sign EIA reports. Foreign EIA consultants can provide EIA consultancy in the country. Nevertheless, their EIA reports must be signed by local EIA consultants. Only local EIA consultants can register with DOE. 149 Environmental Management Services In order to be registered with DOE, an EIA consultant must fulfill the following criteria:- Possesses relevant qualifications and experience - At least three (3) years working experience in the field of EIA - Prepared at least three (3) approved EIA reports Companies providing EIA consultancy are required to have at least three (3) consultants in their employment who fulfill the above criteria. Applications should be submitted to DOE headquarters. Renewal of registration is not required. 1.2 Equity Requirements The FIC has further liberalised the policy on foreign equity participation in the services sector by allowing foreign equity participation of up to 70%. The remaining balance of 30% must be allocated to Bumiputeras, unless specific exemptions apply. 1.3 Expatriate Employment Companies providing EIA consultancy can seek support for hiring the services of expatriates when applying for equity structure to FIC. Upon approval, companies should forward their applications for Employment Passes to the Immigration Department. 2. Scheduled Wastes Management Services Scheduled wastes management refers to the provision of services and facilities for land farming, incineration, waste disposal, and off-site facilities for the recovery, storage and treatment of scheduled wastes. Under the Environmental Quality (Scheduled Wastes) Regulations, 1989, a total of 107 categories of wastes have been classified as scheduled wastes. Under the Environmental Quality (Prescribed Premises) (Scheduled Wastes Treatment and Disposal Facilities) Order, 1989, written permission and a licence from DOE are required for the operation of the following six (6) types of ‘Prescribed Premises’:- Land treatment facilities such as sludge farming of oily wastes or sludge - Off-site recovery facilities such as solvent recycling plant - Off-site treatment facilities such as centralised physical/chemical wastewater treatment plant - Scheduled wastes incinerators - Off-site storage facilities - Secured landfills designed for the disposal of scheduled wastes Environmental Management Services 150 All off-site treatment and disposal (incineration, wastewater treatment, storage and secured landfill) of scheduled wastes will not be allowed until after 17 December 2010 with the signing of a concession agreement between the Government of Malaysia and Kualiti Alam Sdn Bhd. However, the Government will issue licences or renew licences for the following activities in accordance with the provisions under Section 11 and 18(1) of the Environmental Quality Act, 1974 (amended 1996):- On-site scheduled wastes incinerators which are already licensed - On-site and off-site secured landfill facilities which are already licensed - Integrated effluent treatment plants in an industrial area approved to treat effluents from factories located in the area - Off-site pre-treatment facilities, off-site recovery or recycling facilities - Off-site recovery or recycling facilities Companies providing services for the collection, movement and transportation of scheduled wastes are categorised under off-site storage facilities. In addition, DOE requires that the above-mentioned activities be conducted at a "Prescribed Premise". New applications and renewal of licences are to be submitted to the DOE state offices. This licence expires in April each year and applications for renewal of the licence must be made at least three (3) months before expiry. As part of the requirements when applying to the DOE, the applicant must have a Carrier Licence A obtained from CVLB. 2.1 Licences, Registrations and Approvals Before any scheduled wastes facility can be established, the following approvals and licences are required:(i) Environmental Impact Assessment Approval or Site Suitability Evaluation The requirement for EIA approval is only for the following activities which are categorised as "Prescribed Activities" as stipulated in the Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order, 1987:- 151 - Construction of incineration plant - Construction of recovery plant (off-site) - Construction of waste water treatment plant (off-site) - Construction of secured landfill facility - Construction of storage facility (off-site) Environmental Management Services All the above plants are for the treatment and disposal of toxic and hazardous wastes i.e. scheduled wastes. As land treatment facilities are not subject to EIA requirements, applicants are only required to obtain Site Suitability Evaluation. The requirement to obtain approval for the Site Suitability Evaluation is for the purpose of determining the suitability of the proposed industry or facility and ensuring its compatibility with the surrounding land use. Applications for EIA approval pertaining to incineration, secure landfilling and recovery of scheduled wastes must be obtained from DOE headquarters, while Site Suitability Evaluation approvals must be submitted to the DOE state office. Once approved, renewal is not required. However, if there are changes to the project concept or increase in capacity, it must be referred back to DOE headquarters. (ii) Written Permission to Construct Treatment and Disposal Facilities for Scheduled Wastes Upon approval of the EIA, applicants can apply for written permission to construct the facilities from DOE as stipulated under Section 19, Environmental Quality Act, 1974. The fee for a written permission under Section 19 of the Act is RM1,000. Applications should be submitted to DOE state office. (iii) Licence to Occupy and Use the Prescribed Premise A licence to occupy and use a prescribed premise must be obtained as required under Section 18, Environmental Quality Act, 1974 and the Environmental Quality (Prescribed Premises) (Scheduled Wastes Treatment and Disposal Facilities) Regulations, 1989. The fee for a licence under Section 18 of the Act or for the renewal of such licence is RM1,000. Upon completion of the plant, applicants are required to inform the DOE state office and arrange for a pre-licensing inspection. As land treatment facilities are not subject to EIA requirements, applicants are only required to obtain the permission and licence approval after obtaining the Site Suitability Evaluation approval. The licence is approved for a period of one (1) year from the date of issuance unless stated otherwise. Renewal must be made at least three (3) months before the expiry date. Licensed operators of off-site storage facilities, treatment facilities, recovery facilities and disposal facilities are required to complete a Consignment Note for Scheduled Wastes for each delivery/collection made for submission to DOE. Environmental Management Services 152 (iv) Approval for Fuel Burning Equipment and/or Incinerator As stipulated in Regulations 36 and 38, Environmental Quality (Clean Air) Regulations, 1978, an approval from DOE is required for the following:• • Fuel burning equipment that is rated to consume: - Pulverised fuel or solid fuel at 30 kg or more per hour; or - Liquid or gaseous fuel at 15 kg or more per hour Erection of incinerators (v) Application for Machinery & Equipment to be Used in the Operation Applicants are also required to apply to DOSH for approval to register, install and operate machinery and equipment to be used in its operation. Applications should be submitted to the nearest DOSH office. (vi) Manufacturing Licence to Conduct Recycling Activities Companies that are involved in the recovery of wastes through recycling are required to obtain a Manufacturing Licence under the Industrial Coordination Act, 1975. Applications should be submitted to MIDA. Prior to the issuance of the Manufacturing Licence, companies are required to obtain a letter from the state government indicating that it has no objection to the location of the project. (vii) Licence for the Storage and Disposal of Nuclear and Radioactive Wastes Any storage and disposal of nuclear and radioactive wastes requires a Class G Licence from AELB which controls the management of nuclear and radioactive wastes in Malaysia. Applications should be submitted to AELB. The licence is given for a maximum period of three (3) years, and is renewable. 2.2 Equity Requirements The FIC has further liberalised the policy on foreign equity participation in services sector by allowing foreign equity participation of up to 70%. The remaining balance of 30% must be allocated to Bumiputeras, unless specific exemptions apply. Activities covered under the Industrial Coordination Act, 1975 including the recovery of wastes through recycling as well as activities granted incentives under the Promotion of Investments Act, 1986 are exempted from FIC equity guidelines. 153 Environmental Management Services 2.3 Incentives (i) Incentives for the Storage, Treatment and Disposal of Toxic and Hazardous Wastes Including Radioactive Chemical Wastes Companies that are directly involved in these three (3) activities in an integrated manner are eligible for the following incentives:a) Pioneer Status Companies granted Pioneer Status enjoys a tax exemption on 70% of the statutory income for a period of five (5) years. Applications received from companies located in the promoted areas i.e. the States of Sabah and Sarawak, and the designated "Eastern Corridor" of Peninsular Malaysia, will enjoy a 100% tax exemption on their statutory income during their 5-year exemption period. All project applications received by 31 December 2005 will be eligible for this incentive. b) Investment Tax Allowance As an alternative to Pioneer Status, a company can also apply for Investment Tax Allowance (ITA). The ITA provides an allowance of 60% on the qualifying capital expenditure (such as expenditure on factory, plant, machinery or other equipment used for the approved project) incurred within five (5) years from the date the first qualifying capital expenditure is incurred. The company can offset this allowance against 70% of its statutory income in the year of assessment. Any unutilised allowance can be carried forward to subsequent years until the whole amount is used up. The remaining 30% of its statutory income will be taxed at the prevailing company rate. Applications received from companies located in the promoted areas i.e. the States of Sabah and Sarawak, and the designated "Eastern Corridor" of Peninsular Malaysia, will enjoy an allowance of 100% on the qualifying capital expenditure incurred within a period of five (5) years. The allowance can be utilised to offset against 100% of the statutory income for each year of assessment. All project applications received by 31 December 2005 will be eligible for this enhanced incentive. Applications should be submitted to MIDA. (ii) Incentives for Wastes Recycling Activities Companies undertaking high value-add and high technology wastes recycling activities are eligible for the consideration of the same incentives as above. These activities include the recycling of agricultural wastes or agricultural byproducts, chemicals and reconstituted wood-based panel boards or products. Applications should be submitted to MIDA. Environmental Management Services 154 (iii) Exemption from Import Duty and Sales Tax On Machinery and Equipment An exemption from import duty and sales tax can be considered for imported machinery and equipment that are used for the provision of storage, treatment and disposal of toxic and hazardous wastes facilities, provided the machinery/equipment are not available locally. If the machinery and equipment are purchased locally, exemption from sales tax can be considered. Applications should be submitted to MIDA. (iv) Accelerated Capital Allowance This incentive provides for a special allowance at an initial rate of 40% and an annual rate of 20% (to be written-off within a period of three (3) years) for capital expenditure made on related machinery and equipment incurred by:- Companies that are wastes generators that wish to establish the facilities to store, treat and dispose of their wastes, either on-site or off-site - Companies undertaking wastes recycling activities Claims should be submitted to IRB. In the case of companies that incur capital expenditure for conserving their own energy consumption, the write-off period is accelerated to one year. Applications should be submitted to IRB together with a letter from the Ministry of Energy, Water and Communications certifying that the related equipment is used exclusively for the purpose of energy conservation. 2.4 Expatriate Employment Companies providing scheduled wastes management services except those involved in the recovery of wastes through recycling, can seek support to hire the services of expatriates when applying for equity structure to FIC. Companies applying for incentives under the Promotion of Investments Act, 1986 can apply for expatriate posts, namely Key Posts and Time Posts. Applications should be submitted to MIDA. Upon approval, companies should forward their applications for Employment Passes to the Immigration Department for endorsement. 155 Environmental Management Services 3. Environmental Pollution Control Consultancy 3.1 Licences, Registrations and Approvals Investors intending to undertake such activities are required to incorporate a company under the Companies Act, 1965. 3.2 Equity Requirements The FIC has further liberalised the policy on foreign equity participation in the services sector by allowing foreign equity participation of up to 70%. The remaining balance of 30% must be allocated to Bumiputeras, unless specific exemptions apply. 3.3 Expatriate Employment Companies providing environmental pollution control consulting services can seek support for hiring the services of expatriates when applying for equity structure to FIC. Once approved, the company can apply for the Employment Passes to the Immigration Department. Upon approval, companies should forward their applications for Employment Passes to the Immigration Department for endorsement. 4. Energy Services Company Energy services companies (ESCOs) provide consultancy and advisory services as well as project management relating to the conservation or efficient use of energy. 4.1 Licences, Registrations and Approvals The Government, through the Malaysia Energy Centre, is currently in the process of developing a suitable institutional and legal framework for ESCOs in the country. ESCOs are encouraged to register and become members of the Malaysian Association of Energy Services Company (MAESCO), a non-governmental association that works closely with the Government and Malaysia Energy Centre in promoting and organising the development of energy efficiency and energy conservation (EE & EC) programmes in Malaysia. 4.2 Equity Requirements The FIC has further liberalised the policy on foreign equity participation in the services sector by allowing foreign equity participation of up to 70%. The remaining balance of 30% must be allocated to Bumiputeras, unless specific exemptions apply. ESCOs granted incentives under the Promotion of Investments Act, 1986 are exempted from FIC equity guidelines. Environmental Management Services 156 4.3 Incentives (i) Incentives for Energy Conservation Companies undertaking the following activities are eligible to be considered for incentives under the Promotion of Investments Act, 1986:Undertake energy efficiency/energy conservation projects on behalf of clients (including financing) on the basis of recovery of all costs from agreed sharing of energy efficiency/energy conservation savings over a specified contract period based on the performance contract. If the performance contracting services undertaken involve services such as consultancy and advisory services (energy audit, training, energy management services, feasibility studies project) and project management (design and tendering, procurement, supervision and commissioning of the project), these services can also be taken into account for consideration of tax incentives. Companies providing these services are eligible for:a) Pioneer Status Companies granted Pioneer Status enjoy a tax exemption on 70% of the statutory income for a period of five (5) years. Applications received from companies located in the promoted areas i.e. the States of Sabah and Sarawak, and the designated "Eastern Corridor" of Peninsular Malaysia, will enjoy a 100% tax exemption on their statutory income during their 5-year exemption period. All project applications received by 31 December 2005 will be eligible for this incentive. b) Investment Tax Allowance As an alternative to Pioneer Status, a company can also apply for Investment Tax Allowance (ITA). The ITA provides an allowance of 60% on the qualifying capital expenditure (such as expenditure on factory, plant, machinery or other equipment used for the approved project) incurred within five (5) years from the date the first qualifying capital expenditure is incurred. The company can offset this allowance against 70% of its statutory income in the year of assessment. Any unutilised allowance can be carried forward to subsequent years until the whole amount is used up. The remaining 30% of its statutory income will be taxed at the prevailing company tax rate. Applications received from companies located in the promoted areas i.e. the States of Sabah and Sarawak, and the designated "Eastern Corridor" of Peninsular Malaysia, will enjoy an allowance of 100% on the qualifying capital expenditure incurred within a period of five (5) years. The allowance can be utilised to offset against 100% of the statutory income for each year of assessment. All project applications received by 31 December 2005 will be eligible for this enhanced incentive. 157 Environmental Management Services Eligibility criteria: - Incorporated under the Companies Act, 1965 - The services and/or projects must be implemented within one (1) year of approval. The incentives apply to applications received by 31 December 2005 - The companies must carry out performance contracting services to conserve energy Applications should be submitted to MIDA. 4.4 Expatriate Employment Companies applying for incentives under the Promotion of Investments Act, 1986 can apply for expatriate posts, namely Key Posts and Time Posts. Applications should be submitted to MIDA. Upon approval, companies should forward their applications for Employment Passes to the Immigration Department for endorsement. 5. Small Renewable Energy Power Programme (SREP) SREP was launched by the Government to encourage and intensify the utilisation of renewable energy (RE) in electricity power generation. Under this programme, electricity producers who utilise all types of RE, including biomass, biogas, municipal wastes, solar, mini-hydro and wind, are allowed to sell electricity to the utility providers through the distribution grid system. All matters pertaining to the selling price, purchase agreement, etc. are negotiated directly between the producers and the utility providers. While the power plant can be more than 10 MW in size, the maximum capacity that is allowed to be sold to the distribution grid system under the programme is limited to 10 MW only. 5.1 Licences, Registrations and Approvals A secretariat that functions as a One-Stop Centre for the programme has been set up at the Energy Commission to facilitate the industry’s participation in the programme. Applications to implement projects under SREP should be submitted to the SREP Centre at the Energy Commission. Approval will be given by the Ministry of Energy, Water and Communications. The licence will be given for a period of 21 years, effective from the date of the commissioning of the plant. Small power generation plants can negotiate the Renewable Electricity Purchase Agreement with the relevant Utility, including the selling price on a willing-seller, willing-buyer basis. These service providers are also required to apply to DOSH for approval to install and operate machinery and equipment to be used in their operations. Environmental Management Services 158 5.2 Equity Requirements Foreign equity participation in the SREP is allowed up to a maximum of 30%. A minimum of at least 30% Bumiputera equity participation is required. This equity condition is imposed by the Ministry of Energy, Water and Communications. 5.3 Incentives Incentives for the Use of Renewable Energy Resources To encourage the generation of energy using biomass that is renewable and environmentally-friendly, companies that undertake such activities are eligible for:a) Pioneer Status Companies granted Pioneer Status enjoys a tax exemption on 70% of the statutory income for a period of five (5) years. Applications received from companies located in the promoted areas i.e. the States of Sabah and Sarawak, and the designated "Eastern Corridor" of Peninsular Malaysia, will enjoy a 100% tax exemption on their statutory income during their 5-year exemption period. All project applications received by 31 December 2005 will be eligible for this incentive. b) Investment Tax Allowance As an alternative to Pioneer Status, a company can also apply for Investment Tax Allowance (ITA). The ITA provides an allowance of 60% on the qualifying capital expenditure (such as expenditure on factory, plant, machinery or other equipment used for the approved project) incurred within five (5) years from the date the first qualifying capital expenditure is incurred. The company can offset this allowance against 70% of its statutory income in the year of assessment. Any unutilised allowance can be carried forward to subsequent years until the whole amount is used up. The remaining 30% of its statutory income will be taxed at the prevailing company tax rate. Applications received from companies located in the promoted areas i.e. the States of Sabah and Sarawak, and the designated "Eastern Corridor" of Peninsular Malaysia, will enjoy an allowance of 100% on the qualifying capital expenditure incurred within a period of five (5) years. The allowance can be utilised to offset against 100% of the statutory income for each year of assessment. All project applications received by 31 December 2005 will be eligible for this enhanced incentive. For the purpose of this incentive, ‘biomass sources’ is defined as palm oil mill/estate wastes, rice mill wastes, sugar cane mill wastes, timber/sawmill wastes, paper recycling mill wastes, municipal wastes, and biogas (from landfill, palm oil mill effluent, animal wastes and others), while energy forms for the purpose of this incentive refer to electricity, steam, chilled water, and heat. The above incentives are also extended to users of hydropower (not exceeding 10 MW) and solar power. The company is required to implement the project within one (1) year from the date of approval. Applications should be submitted to MIDA. 159 Environmental Management Services Accelerated Capital Allowance To further promote the use of energy generated from renewable resources, the equipment used by companies to generate such energy for its own consumption is eligible for Accelerated Capital Allowance which can be written off within one (1) year. The list of equipment eligible for Accelerated Capital Allowance is determined by the Minister of Finance and the incentive is effective from the year of assessment 2005. Claims should be submitted to IRB. 5.4 Expatriate Employment Companies applying for incentives under the Promotion of Investments Act, 1986 can apply for expatriate posts, namely Key Posts and Time Posts. Applications should be submitted to MIDA. Upon approval, companies should forward their applications for Employment Passes to the Immigration Department for endorsement. Environmental Management Services 160 Chapter 14 Distributive Trade 1. Hypermarkets 1.1 Incorporation, Capital and Equity Conditions 1.2 Operational Conditions 1.3 Environment and Public Interest Conditions 2. Departmental Stores 2.1 Incorporation, Capital and Equity Conditions 2.2 Operational Conditions 2.3 Environment and Public Interest Conditions 3. Superstores 3.1 Incorporation, Capital and Equity Conditions 3.2 Operational Conditions 3.3 Environment and Public Interest Conditions 4. Specialty Stores 4.1 Incorporation, Capital and Equity Conditions 4.2 Operational Conditions 4.3 Environment and Public Interest Conditions 5. Other Distributive Trade Activities 5.1 Incorporation, Capital and Equity Conditions 5.2 Operational Conditions 5.3 Environment and Public Interest Conditions 6. Direct Selling Business 6.1 Licences, Registrations and Approvals 6.2 Equity Requirements 7. Franchise Business 7.1 Licences, Registrations and Approvals 7.2 Equity Requirements 8. Incentives and Other Financial Assistance 9. Expatriate Employment Chapter 14 Distributive Trade The distributive trade comprises all linkage activities that channel goods and services down the supply chain to intermediaries for resale or to final buyers. The linkages may be: • Direct or indirect between two (2) parties (or levels) or more than two (2) parties (or levels) within the chain • Real physical processes or electronic transactions as defined under the relevant laws • In person or electronic transactions as defined under the relevant laws • Transactions that may or may not involve the transfer of title of ownership to the goods and services. Distributive traders include wholesalers, retailers, franchise practitioners, direct sellers, product manufacturers and suppliers who channel their goods in the domestic market, and commission agents or other representatives including those of international trading companies. Administrative Conditions With effect from 1 December 2004, all proposals for foreign involvement in the distributive trade must obtain the approval of the Committee on Distributive Trade under the Ministry of Domestic Trade and Consumer Affairs (MDTCA). This includes the opening of new branches, relocation, expansion of existing branch/outlet, buying/taking over of outlets of other operators, and the purchase of land, premises and assets, prior to obtaining the approval/licence from the Local Authority to operate distributive trade activities. Notwithstanding the above, any approval under the repealed guidelines shall continue in force and have effect as if it had been made under these new guidelines. All distributive trade companies with foreign equity shall: 163 a) Appoint Bumiputera director(s) b) Hire personnel at all levels, including management, to reflect the racial composition of the Malaysian population c) Increase the utilisation of local airports and ports in the export and import of the goods d) Utilise local companies for legal and other professional services which are available in Malaysia e) Submit an annual financial report to MDTCA f) Abide by the bylaws and regulations of the local authority. Distributive Trade With the exception of hypermarkets, local companies are not required to submit applications to undertake distributive trade activities to MDTCA. Guidelines for Establishment 1. Hypermarkets A hypermarket is a large commercial establishment that is a combination of a departmental store and a supermarket. It is defined as a self-service distribution store with a sales floor area of 5,000 sq. metres or more, selling a very wide variety of mainly consumer goods, comprising a mix of food and non-food products, in a range of transaction sizes or quantities and in different forms of packaging. Hypermarkets must operate on a standalone basis and have mandatory facilities such as ample parking space, rest area, restaurants and other public utilities (such as toilets, telephones, ATM machines, etc.) with a landscape. Effective 1 January 2004, the opening of new hypermarkets in the area of Klang Valley, Johor Bahru and Pulau Pinang is frozen for a period of 5 years. 1.1 Incorporation, Capital and Equity Conditions All hypermarket operations whether locally-owned or with foreign involvement, are subject to the following rules and conditions: (i) Local Incorporation All hypermarket businesses must be incorporated under the Companies Act, 1965. This condition also applies to existing businesses operating under foreign branches. (ii) Minimum Capital Requirements The minimum capital investment in terms of shareholders’ funds (paid-up capital plus reserves) is RM50 million, to be reviewed every three (3) years. The paid-up capital for each additional outlet is RM10 million. Businesses already approved by FIC must also comply with this condition unless specifically exempted. (iii) Equity Requirements Under the FIC guidelines, foreign investors setting up hypermarkets can hold up to a maximum of 70% of the equity. The balance of 30% should be allocated to Bumiputeras. This also applies to existing operations that have not been referred to the FIC. A reasonable grace period for compliance will be given, depending on the merits of each case. Decisions already made by FIC in respect of the equity as well as the terms and conditions imposed that are more liberal or favourable to the investor will remain applicable. Distributive Trade 164 1.2 Operational Conditions • Indicative plans for additional branches of hypermarkets must be submitted to MDTCA two (2) years before a formal application is submitted. The addition of branches is subject to the approval of MDTCA. • Sales floor area of at least 5,000 sq. metres • Any reduction or increase of the sales floor area must obtain the approval of MDTCA • One check-out counter per 1,000 sq. metres business floor • Allowed to operate on a freestanding basis with basic amenities on the outskirts of towns • Not allowed to operate 24 hours daily • At least 30% of the goods sold in the premises shall consist of products manufactured by Bumiputera SMEs. • At least 30% of shelf-space in the premises should be allocated for products manufactured or supplied by Bumiputeras • Formulate and provide clear rules and criteria for suppliers to market their products. 1.3 Environment and Public Interest Conditions 165 • Follow existing bylaws on the provision of car parks for commercial areas of the respective Local Authorities or Town Councils, subject to a minimum of 50 parking lots per 1,000 sq. metres • Provide business space for ancillary businesses at a reasonable rental rate • Not allowed to operate within a 3.5km radius of residential areas and town centres • One (1) hypermarket is allowed for every 350,000 residents • Hypermarkets are not allowed to be constructed in locations under the jurisdiction of Local Authorities that have less than 350,000 residents • Impact study on existing local retailers should be carried out before the opening of a hypermarket is considered • Hypermarket operators should ensure a safe and clean environment (with garbage disposal, recycling facilities, etc) as well as the efficient use of energy. Distributive Trade 2. Departmental Store A departmental store is a distribution store with a sales floor area of varying sizes, usually engaged in retailing an extensive assortment of consumer goods that are departmentalised by gender, age or lifestyle, through self-service or with sales assistance, generally under one common store management. A departmental store may include a supermarket of not more than 2,000 sq. metres. 2.1 Incorporation, Capital and Equity Conditions Any foreign involvement in a departmental store is subject to the following rules and conditions: (i) Local Incorporation All departmental store businesses with foreign equity must be incorporated under the Companies Act, 1965. This condition also applies to existing businesses operating under foreign branches. (ii) Minimum Capital Requirement The minimum capital investment in terms of shareholders’ funds (paid-up capital and reserves) is RM20 million, to be reviewed every three (3) years. The paid-up capital for each additional outlet is RM10 million. Businesses already approved by FIC must also comply with this condition unless specifically exempted. (iii) Equity Conditions Under the FIC guidelines, foreign investors setting up departmental stores can hold up to a maximum of 70% of the equity. The balance of 30% should be allocated to Bumiputeras. This also applies to existing operations that have not been referred to the FIC. A reasonable grace period for compliance will be given, depending on the merits of each case. Decisions already made by FIC in respect of the equity as well as the terms and conditions imposed that are more liberal or favourable to the investor will remain applicable. 2.2 Operational Conditions • Indicative plans for additional branches of departmental stores need to be submitted to MDTCA two (2) years before a formal application is made. The addition of branches is subject to the approval of MDTCA. • MDTCA approval required for any reduction or increase of the sales floor area • One (1) check-out counter per 1,000 sq. metres business floor • Allowed to operate on freestanding basis with basic amenities on the outskirts of towns • Not allowed to operate 24 hours daily Distributive Trade 166 • At least 30% of the goods sold in the premises shall consist of products manufactured by Bumiputera SMEs. • At least 30% of shelf-space in the premises should be allocated for products manufactured or supplied by Bumiputeras • Formulate and provide clear rules and criteria for suppliers to market their products. 2.3 Environment and Public Interest Conditions • Impact study on existing local retailers should be carried out if a departmental store is to be operational in a standalone building or if the business floor area is 5,000 sq. metres and above • Departmental stores operators should ensure a safe and clean environment (with garbage disposal, recycling facilities, etc) as well as the efficient use of energy. 3. Superstores A superstore is a self-service distribution store with a sales floor area of 2,000 sq. metres to less than 4,500 sq. metres retailing a wide variety of mainly consumer goods, comprising a mix of food and non-food products. 3.1 Incorporation, Capital and Equity Conditions Any foreign involvement in superstore is subject to the following rules and conditions: (i) Local Incorporation All superstore businesses with foreign equity must be incorporated under the Companies Act, 1965. This condition also applies to existing businesses operating under foreign branches. (ii) Minimum Capital Requirement The minimum capital investment in terms of shareholders’ funds (paid-up capital and reserves) is RM25 million to be reviewed every three (3) years. The paid-up capital for each additional outlet is RM5 million. Businesses already approved by FIC must also comply with this condition unless specifically exempted. (iii) Equity Conditions Under the FIC guidelines, foreign investors setting up superstores can hold up to a maximum of 70% the equity. The balance of 30% should be allocated to Bumiputeras. This also applies to existing operations that have not been referred to the FIC. A reasonable grace period for compliance will be given, depending on the merits of each case. Decisions already made by FIC in respect of the equity as well as the terms and conditions imposed that are more liberal or favourable to the investor will remain applicable. 167 Distributive Trade 3.2 Operational Conditions • Sales floor area of 2,000 sq. metres to less than 4,500 sq. metres • The addition of branches is subject to the approval of MDTCA • MDTCA approval required for any reduction or increase of the sales floor area • One check-out counter per 1,000 sq. metres business floor • Not allowed to operate 24 hours daily • At least 30% of the goods sold in the premises shall consist of products manufactured by Bumiputera SMEs. • At least 30% of shelf-space in the premises should be allocated for products manufactured or supplied by Bumiputeras • Formulate and provide clear rules and criteria for suppliers to market their products 3.3 Environment and Public Interest Conditions • Follow existing by-laws on the provision of car parks for commercial areas of the respective Local Authorities or Town Councils, subject to a minimum of 50 parking lots per 1,000 sq. metres, whichever is higher • Provide business space for ancillary businesses at a reasonable rental rate • Not allowed to operate within 3.5km radius of residential areas and town centres • One (1) superstore is allowed for every 250,000 residents • Impact study on existing local retailers should be carried out before the opening of a superstore is considered • Superstore operators should ensure a safe and clean environment (with garbage disposal, recycling facilities, etc) as well as the efficient use of energy. 4. Specialty Store A specialty store deals with one main brand name/product/line of goods associated with one (1) product. It may specialise in:• Food catering and restaurant services outside hotel premises • Food, beverages and tobacco • Household/personal goods (e.g. furniture, household electrical appliances, healthcare products, optical goods, footwear, clothing and apparel, sports goods, books, jewellery, spices, electronic goods, etc.) Distributive Trade 168 • Motorcycles/motor vehicles • Small machinery (e.g. industrial and agricultural equipment for small users) • Pharmacy (retailing mainly drugs, health and beauty products) • Electronic wholesaler/retailer (web-based distributor) • Other specialty stores 4.1 Incorporation, Capital and Equity Conditions Any foreign involvement in specialty store is subject to the following rules and conditions: (i) Local Incorporation All specialty store businesses with foreign equity must be incorporated under the Companies Act, 1965. This condition also applies also to existing businesses operating under foreign branches. (ii) Minimum Capital Requirement The minimum capital investment in terms of shareholders’ funds (paid-up capital and reserves) is RM1 million, to be reviewed every three (3) years. Businesses already approved by FIC must also comply with this condition unless specifically exempted. (iii) Equity Conditions Under the FIC guidelines, foreign investors setting up superstores can hold up to a maximum of 70% of the equity. The balance of 30% should be allocated to Bumiputeras. This also applies to existing operations that have not been referred to the FIC. A reasonable grace period for compliance will be given, depending on the merits of each case. Decisions already made by FIC in respect of the equity as well as the terms and conditions imposed that are more liberal or favourable to the investor will remain applicable. 4.2 Service Tax Licence Specialty stores dealing in food and beverages with a total annual sales turnover of more than RM500,000 are required to obtain a Service Tax Licence under the Service Tax Act, 1975. 4.3 Specific Requirement for Pharmacy The person operating the pharmacy counter must be a pharmacist registered with the Malaysia Pharmacy Board under the Ministry of Health (MOH). The registration is subject to annual renewal. The pharmacist must apply for a Pharmacist’s Licence to the State Health Department where the business premise is located. 169 Distributive Trade 4.4 Environment and Public Interest Conditions • Impact study on existing local retailers should be carried out if a departmental store is to be operational in a standalone building or if the business floor area is 5,000 sq. metres and above • Specialty store operators should ensure a safe and clean environment (with garbage disposal, recycling facilities, etc) as well as the efficient use of energy. 5. Other Distributive Trade Activities Foreign participation is allowed in other distributive trade activities except the following:• Supermarket (400 to 2,000 sq. meters sales floor area) • Mini-market (less than 400 sq. meters sales floor area) • Provision shop/general vendor • 24-hour convenience store • Newsagent and miscellaneous goods store • Medical hall (specialising in alternative/traditional medicines plus general dry foodstuff) • Petrol kiosk with/without convenience store • Permanent wet market/permanent store 5.1 Incorporation, Capital and Equity Conditions Any foreign involvement in these activities is subject to the following rules and conditions: (i) Local Incorporation All other distribution business formats with foreign equity must be incorporated under the Companies Act, 1965. This condition applies also to existing businesses operating under foreign branches. (ii) Minimum Capital Requirement The minimum capital investment in terms of shareholders’ funds (paid-up capital and reserves) is RM1 million, to be reviewed every three (3) years. Businesses already approved by FIC must also comply with this condition unless specifically exempted. (iii) Equity Conditions Under the FIC guidelines, foreign investors setting up superstores can hold up to a maximum of 70% of the equity. The balance of 30% should be allocated to Bumiputeras. This also applies to existing operations that have not been referred to the FIC. A reasonable grace period for compliance will be given, depending on the merits of each case. Distributive Trade 170 Decisions already made by FIC in respect of the equity as well as the terms and conditions imposed that are more liberal or favourable to the investor will remain applicable. 5.2 Environment and Public Interest Conditions • Impact study on existing local retailers should be carried out if the business is to be operational in a standalone building or if the business floor area is 5,000 sq. metres and above • Businesses should ensure a safe and clean environment (with garbage disposal, recycling facilities, etc) as well as the efficient use of energy 6. Direct Selling Business Direct selling is defined as sale of goods door-to-door or through mail order or telemarketing. Direct selling companies generally appoint dealers who undertake direct contact with consumers. The three (3) types of marketing plan are as follows: Marketing Plan Definition Multi Level The company appoints individuals as members/distributors to market its products. The members/distributors then appoint other individuals (down lines) to expand their network. The recruitment of members/distributors can be ongoing/extended up to a certain level. Each member/distributor receives commission/bonus/incentives from personal sales and sales made under his/her network (overriding bonus). Single Level The company appoints sales representatives/agents and pay them a salary/commission/combination of salary and commission on the total sales made. Sales representatives/agents are not permitted to appoint/sponsor other sales representatives/agents. Mail Order Sales of products or services by individuals on their own or other authorised persons via mail. Products that are not allowed to be marketed as the main product under the direct selling business are: - Insurance-related products (unless the company is the authorised agent of the General Insurance Association of Malaysia/Life Insurance Association of Malaysia and not allowed to be packaged with other products) - Real estate-related products - Virtual products such as websites If the direct selling products involve health foods/food supplements/traditional medicines, the following requirements must be met: 171 Approval from the Drug Control Authority under MOH Distributive Trade - If the products are endorsed as "No Registration Required" or classified as "Food", the product must be referred to Food Quality Control Division under MOH - The approved serial number obtained from MOH must be stated on all the product brochures, advertisements and printed materials. For cosmetics, the products must be registered with National Pharmaceutical Control Bureau under MOH whilst petroleum-based products must obtain a licence under the Petroleum Development Act, 1974 (PDA) from MDTCA. Electrical goods must obtain approval for import and manufacture from the Energy Commission under the Ministry of Energy, Water and Communication. Applicants intending to undertake direct selling businesses are required to incorporate a company under the Companies Act, 1965. 6.1 Licences, Registrations and Approvals (i) Direct Selling Licence Applicants are required to obtain a Direct Selling Licence under the Direct Selling Act, 1993. (ii) Minimum Capital Requirement A company involved in direct selling is required to meet the following minimum capital requirement depending on the type of business:Type of Direct Selling business Minimum Capital Requirement Multi Level RM1.5million Single Level RM0.5million Mail Order RM0.5million Companies with foreign equity involvement RM5 million Applications should be submitted to the Direct Selling Unit of the Domestic Trade Division under MDTCA. 6.2 Equity Conditions Under the FIC guidelines, foreign investors setting up superstores can hold up to a maximum of 70% of the equity. The balance of 30% should be allocated to Bumiputeras. This also applies to existing operations that have not been referred to the FIC. A reasonable grace period for compliance will be given, depending on the merits of each case. Decisions already made by FIC in respect of the equity as well as the terms and conditions imposed that are more liberal or favourable to the investor will remain applicable Distributive Trade 172 7. Franchise Business Franchising is a method of doing business by which a Franchisee is granted the right to operate a business according to the franchise system as determined by the Franchisor. With this system, Franchisor grants to the Franchisee the right to used a mark, trade secret, any confidential information and intellectual properties owned or related to the Franchisor. The Franchisor shall provide assistance to the franchisee to operate his business. And in return for the grant of rights, the Franchisor has the right to impose certain fee or other form of consideration to the Franchisee. Franchising is a system where the Franchisor and the Franchisee must be honest and practice the franchise code of ethics. The Franchisee carries the brand and reputation of the franchisor’s business. Therefore, the Franchisor will have to protect and nurture their Franchisees. This business commitment will bring success in the system. According to the European Franchise Federation (EFF), franchising is a system of marketing goods and/or services and/or technology which is based upon a close and ongoing collaboration between legally, and financially separate and independent undertakings, the Franchisor and its individual Franchisees, whereby the Franchisor grants its individual Franchisee the right, and imposes the obligation, to conduct a business in accordance with the Franchisor's concept. The right entitles and compels the individual Franchisee, in exchange for a direct or indirect financial consideration, to use the Franchisor's trade name, and/or trademark and/or service mark, know-how, business and technical methods, procedural system, and other industrial and/or intellectual property rights, supported by continuing provision of commercial and technical assistance, within the framework and for the term of a written franchise agreement, concluded between parties for this purpose. Both franchisor and franchisee are encouraged to attend the training on know-how in the franchise business. This training conducted by Malaysian Franchise Association (MFA) and supported by MECD. There are five (5) types of franchises as follows: Types of Franchises Definition Franchisor A person who grants a franchise to a franchisee and includes a master franchisee and his relationship with a sub-franchisee. Master Franchisee A person who has been granted the rights by a franchisor to sub franchise to another person, at his own expense, the franchise of the franchisor. Franchisee of Foreign Franchisor A person who has been granted the rights by a foreign franchisor but does not sub franchise to another person. Franchise Broker 173 Distributive Trade A person doing business as an agent or representative of a franchisor to sell a franchise to any person for a certain consideration but does not include any director, officer or employee of the franchisor or franchisee. 7.1 Licences, Registrations and Approvals (i) The Law Franchise arrangements in Malaysia are governed by the Franchise Act, 1998. According to the Act, a franchise means a contract or an agreement, either expressed or implied, whether oral or written, between two (2) or more persons. This Act applies to the sale of franchises throughout Malaysia. Compliance with the Act and thus the need to register also covers companies previously registered under the Prime Minister’s Department or MECD. The sale of a franchise is deemed to be in Malaysia where: • an offer to sell or buy a franchise • is made in Malaysia and accepted within or outside Malaysia • is made outside Malaysia and accepted within Malaysia • the franchised business is or will be operating in Malaysia. (ii) Application for Registration of Franchises A Franchisor must make an application to register his franchise with the Registrar of Franchise under MECD, by submitting an application to the Registrar, together with the following documents and information:- Complete disclosure document with all the necessary particulars filled in - A sample of franchise agreement - Proven and complete operation manual - Training manual - Registered Trade Mark or intellectual property mark with MDTCA - Certificate of incorporation and Form 8 or Form 9; - Latest audited accounts (3 years), latest management account, financial statement, balance sheet and profit and loss account - Other additional information or documents as may be required by the Registrar for the purpose of evaluating the application. Distributive Trade 174 (iii) Franchise Agreement A franchise agreement must be in writing. The agreement should contain, but is not limited to: • The name and description of the product and business under the franchise • The territorial rights granted to the franchisee • The fee which may be imposed on the franchise • The obligation of the Franchisor • The obligation of the Franchisee • The right to use the mark or any other intellectual property by the Franchisee • The conditions under which the Franchisee may assign the right under the franchise • A statement on the cooling-off period • A description pertaining to the mark or any other intellectual property owned or related to the Franchisor which used in the franchised • If the agreement is related to a Master Franchisee, the Franchisor’s identity and the rights obtained by the Master Franchisee from the Franchisor • The types and particulars of assistance provided by the Franchisor • The duration of the franchise and the terms of renewal • The effect of the termination or expiration of the franchise agreement (iv) Annual report The Franchisor must submit an annual report to the Registrar within 30 days from the anniversary date of registration. The annual report is to be submitted using Form BAF 6 and must contain the following information or documents:• Number/name/addresses of the following franchise outlets: a. Company outlet b. Bumiputera franchise outlet c. Non-Bumiputera franchise outlet d. Overseas franchise outlet 175 Distributive Trade • Yearly turnover • Latest disclosure documents • Latest audited financial statement The report submitted must be signed and sealed by the company. A RM50 processing fee and a RM1,000 registration fee is charged. A processing fee of RM50 is also charged for any amendment to the documents. Payment is to be made by postal order or bank draft in the name of the Registrar of Franchise. Subsequently, processing and registration fees are applicable for the registration of the Franchisor/Master Franchisee/ Franchisee of Foreign Franchisor. Applications should be submitted to MECD. (v) Application for Service Tax Licence Franchise businesses such as food establishments having a total annual sales turnover of more than RM150,000 are required to be licensed under the Service Tax Act, 1975, and the Service Tax Regulations, 1975. The rate of the service tax is 5% on the value of the services rendered. Applications for Service Tax Licence must be made to the nearest office of the Royal Customs Department where the company is operating. 7.2 Equity Conditions Under the FIC guidelines, foreign investors setting up franchise businesses can hold up to a maximum of 70% of the equity. The balance of 30% should be allocated to Bumiputeras. This also applies to existing operations that have not been referred to the FIC. A reasonable grace period for compliance will be given, depending on the merits of each case. Decisions already made by FIC in respect of the equity as well as the terms and conditions imposed that are more liberal or favourable to the investor will remain applicable. 8. Incentives and Other Financial Assistance (i) Incentive for Hypermarkets/Direct Selling Companies that Export Locally Produced Goods A hypermarket or a direct selling company that exports locally produced goods will be given an income tax exemption on the statutory income equivalent to 20% of its increased export value. (ii) Double Deduction for the Promotion of Exports All resident companies involved in the distributive trade seeking opportunities to export Malaysian products qualify for a double deduction for the following expenses incurred:- Distributive Trade 176 Eligible expenses: - Overseas advertising, publicity and public relations work - Supplying samples abroad, including delivery costs - Undertaking export market research - Preparing tenders for the supply of goods overseas - Supplying of technical information abroad - Preparing exhibits and participation costs in trade/industrial exhibitions, virtual trade shows and trade portals - Fares for overseas travel by company employees for business purposes - Accommodation expenses of up to RM300 per day and sustenance expenses of up to RM150 per day for company representatives who travel overseas on business - Maintaining sales offices and warehouses overseas for the purpose of promoting exports - Using local professional services to design the packaging for exports - Undertaking feasibility studies for overseas projects identified for the purpose of a tender - Participating in trade or industrial exhibitions locally or overseas - Participating in exhibitions held in Malaysian Permanent Trade and Exhibition Centres overseas (iii) Single Deduction for the Promotion of Exports Certain expenses incurred by resident companies in looking for opportunities to export their services qualify for a single deduction. Eligible expenses: - Hotel accommodation for a maximum of three (3) nights provided to potential importers invited to Malaysia (iv) Double Deduction on Export Credit Insurance Premiums Export credit insurance premiums qualify for a double deduction. Claims for the above incentives should be submitted to IRB. 177 Distributive Trade (v) Incentive for Malaysia International Trading Company To qualify as an approved MITC, a company must meet the following criteria:- Incorporated under the Companies Act, 1965 - At least 60% of its equity is held by Malaysians - Annual sales turnover of at least RM10 million including both local and export sales - Export manufactured goods especially those produced by Malaysian SMEs Applications should be submitted to MATRADE. An approved MITC may apply for a tax exemption to the IRB amounting to 20% of the increase in the value of exports upon fulfilling the following conditions:- The company uses local services for the purpose of banking, finance, insurance and uses local ports and airports - Not more than 20% of the company‘s annual sales is derived from trading commodities. For purpose of claiming the tax incentive:- Export sales refer to the f.o.b. value of goods sold - Goods (locally produced or manufactured or imported for subsequent reexport) are regarded as exports when they are taken out of the country - Sales to LMWs and FZs are not considered as exports for the purpose of this incentive - Export sales do not include trading commissions and profits derived from trading in the Commodity Exchange Companies with no export sales in the preceding year may not apply for the tax exemption. Tax exemption will be granted for five (5) consecutive years of assessment to each company commencing from the year of assessment in which the company is first given the incentive, provided all conditions are fulfilled. Claims should be submitted to the IRB together with a letter from MATRADE certifying that the company has complied with the conditions of the incentive. Applications for certification should be submitted to MATRADE. Distributive Trade 178 (vi) Special Industrial Building Allowance for Warehouses An annual allowance of 10% of the qualifying capital expenditure is given for buildings used as warehouses for storing goods for export and re-export. Claims should be submitted to the IRB. (vii) Market Development Grant In order to assist SMEs develop their export markets, matching grants of up to RM100,000 per company are provided. Eligibility criteria:- Incorporated under the Companies Act 1965 - Annual sales turnover of not more than RM25 million and full-time employees of not more than 150 - At least 60% of its equity is held by Malaysians These companies can obtain a 50% matching grant on the approved cost of activities eligible for the grant. The activities include participation in trade missions, specialised selling missions, international trade fairs, Malaysian trade centres overseas, trade negotiations, rental of Representative Offices overseas and participation in overseas tenders. Applications should be submitted to MATRADE. (viii)Incentive for the Implementation of RosettaNet RosettaNet is an open Internet-based common business messaging standard for supply chain management link-ups with global suppliers. To encourage local SMEs to adopt RosettaNet in order to become more competitive in the global market, the expenditure and contribution incurred by companies in the management and operation of RosettaNet Malaysia and in assisting local SMEs to adopt RosettaNet, are eligible for income tax deduction. The eligible expenditure and contribution are those incurred on equipment (computers and servers) and salaries for full-time employees seconded to RosettaNet Malaysia, contribution of software, sharing of software and programming and the training of the staff of local SMEs to use RosettaNet. Claims should be submitted to IRB. (ix) Brand Promotion Grant To assist companies in the distributive trade to develop and promote their brand names in the international market, companies can obtain 100% outright grants of up to a maximum of RM1 million per company per brand (for SMEs only), or 50% reimbursable grant of up to a maximum of RM2 million per company per brand (for non-SMEs). 179 Distributive Trade Eligibility criteria:- Incorporated under the Companies Act, 1965 - Annual sales turnover of not more than RM25 million and full-time employees of not more than 150 - At least 60% of its equity is held by Malaysians - Company owns the brand and is the registered approved owner of the trademark registered in any country and has rights to it - For outright grants, product/services are already exported with at least 20% of the sales from export. For a company that does not meet the 20% export condition, the application may be considered based on the export potential and commitment of the company to develop an international brand. - Products/services should originate from Malaysia. For products manufactured offshore, the brand can be considered if the company undertakes value added activities in Malaysia such as R&D, designing, packaging, marketing, distribution and invoicing Eligible expenses: • • Branding/marketing strategy consultancy (not more than 10% of the grant): - Brand strategy, creation and development - Marketing strategy and implementation - Media strategy - Brand communication strategy - Brand management system - Brand manual & information system Brand Development: - Logo design and redesign - Product design and redesign - Packaging design and redesign - Intellectual property matters, including registration and trademark Distributive Trade 180 • • Brand Promotion: - Customer relationship management system to monitor brand - Corporate and visual identity works - Advertising and promotion (maximum 50% of the grant) Brand Market Research/Service: - Brand audit/valuation - Research - Brand tracking Applications should be submitted to MATRADE. (x) Franchise Development Assistance Scheme Under this scheme, a matching grant or 90% of the total cost (whichever is lower) is provided to individuals or companies involved in franchise business, subject to a maximum amount of RM100,000 per business or franchised product. Eligibility criteria: - Companies that have franchised local product/business or intending to become Master Franchisees - Companies registered in accordance with the requirements of the Franchise Act, 1998 - Participating in the Franchising Development Programme under MECD - The type of franchise business which can qualify for the assistance is confined to a "business format franchise" - Companies which have been involved in the franchise business from 1996 onwards - Incorporated under the Companies Act, 1965 - A consultant registered with MOF may be appointed. Companies that do not engage the service of a consultant may also apply. However, the assistance to be provided will be determined by the Management Committee of MECD. The eligible expenses are consultancy fees and other related fees determined by the Management Committee of MECD. The disbursement of the grant will be made upon the completion of each phase of development on a reimbursable basis and in accordance with the following qualification schedule:- 181 Distributive Trade Type of Companies Phases Bumiputera Companies (RM) Phase I: Screening 5,000 Joint Venture Companies Majority Majority Bumiputera Non Bumiputera (RM) (RM) 2,500 3,250 Phase II: Development of Concept 30,000 19,500 15,000 15,000 Phase III: Research on Prototype Outlet 5,000 3,250 2,500 2,500 Phase IV: Research on Franchise Package 50,000 32,500 25,000 25,000 Phase V: Launching of Franchise 10,000 6,500 5,000 5,000 Total 100,000 65,000 50,000 50,000 Non Bumiputera Companies (RM) 2,500 Applications and claims should be submitted to Perbadanan Nasional Berhad. Conditions for approval: • Claims are to be made no later than three (3) years from date of registration under the Franchise Development Programme • Company must be wholly owned by Malaysian, already have a viable prototype outlet and have at least one (1) Bumiputera franchisee • Each company qualifies for assistance for only one (1) product. If it wishes to obtain assistance for a different product, it has to set up another company • The application and the amount qualified for the assistance will be considered and decided by the Management Committee of MECD. (xi) Franchise Financing Scheme Under this scheme, the maximum loan limit is RM7.5 million. The credit facilities offered include term loans, overdrafts, trade financing and any other credit facilities to be determined from time to time by CGC. The prescribed rate of interest charged by the participating banks (ie. Malayan Banking Berhad and Bumiputra Commerce Bank Berhad) is not more than 1.5% above the base lending rate (BLR). However, the actual cost to the borrower is lower as MECD, through the CGC subsidises the loan interest in the following schedule:- Distributive Trade 182 Loan duration Interest Rate Year 1 & 2 BLR + 1.5% Rate Subsidised Cost to the Borrower (estimated BLR = 10.5%) 6% 6% Year 3 8% BLR + 1.5% 4% Year 4 10% BLR + 1.5% 2% Year 5 12% BLR + 1.5% - Eligibility criteria: - Wholly Malaysian-owned and controlled companies with net assets or shareholders' funds not exceeding RM1.5 million - Existing total credit facilities of the borrower should not exceed RM7.5 million. The borrower should not have any adverse record in respect of borrowings from any other financial institutions or other agencies - Borrower must be involved in the business on a full-time basis - Franchisor must be registered with MECD. Applications should be submitted to MECD. 9. Expatriate Employment Applications for expatriate posts should be submitted to the Immigration Department. In processing the application, the Immigration Department will follow the guidelines and conditions imposed by DTC. The DTC has issued the following guidelines for the employment of expatriates:For distributive trade companies (other than direct selling): 183 - Any distributive trade company with a paid-up capital of RM10 million and above will automatically be allowed three (3) key posts. Additional posts will be considered upon request - Any distributive trade company with a paid-up capital of between RM1 million to less than RM10 million will be considered for a minimum of one (1) key post - A maximum of 10 time posts per company is permitted for executives or technical experts with professional qualifications and the relevant practical experience including holding an equivalent or a related position in the company’s business for not less than three (3) years. Distributive Trade For direct selling companies: - One (1) key post per company, on condition that the person has held a managerial position in the company’s business outside Malaysia for a period of not less than three (3) years preceding the date of application for the work permit. If a company has more than one (1) foreign shareholder, the shareholder who holds the most shares will be granted the key post. - A maximum of 10 time posts per company for expatriates who possess the necessary qualifications and practical experience. - A minimum paid-up capital of RM350,000, with at least a 30% Bumiputera equity participation, is required. Upon approval, companies should forward their applications for Employment Passes to the Immigration Department for endorsement. Distributive Trade 184 Chapter 15 Industrial Training 1. Approvals for Establishment 2. Equity Requirements 3. Incentives 4. Expatriate Employment Chapter 15 Industrial Training Industrial training, including technical and vocational training, is in the following areas:• Production technology (mould, tool and die making, etc) • Industrial electronics (mechatronics, instrumentation and control, etc.) • Electrical engineering • Mechanical engineering • Civil engineering • Other areas related to industrial training Investors may offer these programmes through the setting up of Private Higher Educational Institutions (PHEIs), which include the following:• Private universities and branch campuses of foreign universities with university status • Private colleges/institutions with non-university status • Technical and vocational training institutions The establishment, management and quality of the courses of study conducted in a PHEI are governed by the following Acts:• Private Higher Educational Institutions Act, 1996 • National Accreditation Board Act, 1996 • The Education Act, 1996 • The Universities and University Colleges Act, 1996 1. Approvals for Establishment (i) Local Incorporation Investors intending to set up a PHEI must incorporate a company under the Companies Act, 1965. (ii) Approval In Principle to Establish PHEIs In order to set up a PHEI in Malaysia, applicants are required to submit a proposal to the Department of Private Education under the Ministry of Higher Education (MOHE) detailing the PHEI’s concept plan which may be followed by a presentation. An approval in principle will be granted for the establishment of the PHEI, if MOHE is satisfied with the concept plan. 187 Industrial Training (iii) Approval to Establish PHEIs and Approval to Conduct Courses of Study Upon approval, the company is required to submit a formal application to MOHE to establish the PHEI, and to conduct any course of study or training programme either singly or jointly with any university, university college, or other higher educational institutions (public/private/professional body in or outside Malaysia). MOHE will then forward the application to conduct the courses of study to the National Accreditation Board (NAB) for processing. The application must include details of the course curriculum, teachers, facilities and the management system of the courses to be conducted. A Panel of Assessors (PoA) from NAB will process the application to conduct the courses of study, and will give its recommendations to NAB for a decision. Letters of approval to establish the PHEI and to conduct the courses of study will be issued by MOHE to the company. The company will be given a grace period of six (6) months to achieve the minimum standard specified for the courses of study. Institutions that conduct short courses (courses of study of less than 20 credit hours or four (4) months long) are exempted from obtaining MOHE’s approval to conduct the courses of study. However, they are required to notify NAB on the profile of the short courses. (iii) Registration of PHEIs Upon approval, the company is required to register with MOHE as a PHEI under the Private Higher Educational Institutions Act, 1996. Applications to register as a PHEI should be submitted to the Education Department. A Certificate of Registration will then be awarded. (iv) Approval to Determine Minimum Standard for Courses of Study A course of study conducted by a PHEI must achieve the minimum standard level specified for the course by MOHE before the PHEI is allowed to award its students with academic qualifications for the course. MOHE’s criteria for determining the minimum standard level of achievement for a specific course of study are based on its teaching staff, syllabus of all subjects, available facilities, management system and the rationale for conducting the course of study. Applications to determine the minimum standard for courses of study should be submitted to NAB. (v) Certificate of Accreditation (Optional) A PHEI is given the option to obtain NAB’s approval for the accreditation of its courses of study. An accreditation is a formal recognition that the certificates, diplomas and degrees awarded by PHEI are in accordance with the standards set by NAB. Applications for the accreditation of courses of study should be submitted to NAB. To attain accreditation, a course of study must undergo the compliance assessment process. This assessment is similar to the assessment of minimum standards for the courses of study. Industrial Training 188 Upon approval, a Certificate of Accreditation will be issued to the company by NAB. The validity period of the Certificate of Accreditation for the certificate, diploma and degree programmes is five (5) years. Applications to extend the validity period should be made six (6) months before the expiry of the certificate. 2. Equity Requirements PHEIs of international status are allowed a foreign equity participation of between 25% to 28%. The equity condition for setting up PHEIs in Malaysia is imposed by MOHE and Bumiputeras should be allocated at least 30% of the balance. 3. Incentives Companies providing industrial, technical and vocational training are eligible for the following incentives:(i) Investment Tax Allowance Companies that establish technical or vocational training institutions are eligible for an ITA of 100% for ten (10) years. This allowance can be offset against 70% of the statutory income for each year of assessment. Applications should be submitted to MIDA. (ii) Special Industrial Building Allowance (IBA) Companies that incur expenditure on buildings used for approved industrial, technical or vocational training can claim a special annual Industrial Building Allowance (IBA) of 10% for ten (10) years. Claims should be submitted to IRB. (iii) Exemption from Customs Duties on Educational Equipment All PHEIs are eligible for full exemption from import duty, sales tax and excise duty on educational equipment including laboratory equipment, workshop equipment, studio and language laboratory. Applications should be submitted to MIDA. (iv) Tax Exemption on Royalty Payment Royalty payments made by educational institutions to non-residents (franchisor) for franchised education programmes that are approved by MOHE are eligible for tax exemption. Claims should be submitted to IRB. (v) Special Capital Allowance Companies including PHEIs are eligible to claim an initial allowance of 20% and an annual allowance of 40% for the purchase of computers and information technology assets, including software. The full amount can be written-off in two (2) years. Claims should be submitted to IRB. 189 Industrial Training (vi) Incentives for ICT Usage Companies including PHEIs can enjoy a single deduction on its operating expenditure relating to the usage of IT for the improvement of their management processes, including payments to consultants. Claims should be submitted to IRB. (vii) Incentives for Multimedia Super Corridor PHEIs are encouraged to locate their institutions within the MSC including the areas designated as cybercities namely Cyberjaya, Technology Park Malaysia, University Putra Malaysia-Malaysia Technology Development Corporation (UPM-MTDC), Kuala Lumpur City Centre (KLCC) and KL Tower. However, those located outside MSC can still enjoy the incentives, subject to certain conditions. The incentives enjoyed by MSC status companies are:- Pioneer Status with a tax exemption of 100% of the statutory income for a period of five (5) years for the first round, or an ITA of 100% on the qualifying capital expenditure incurred within five (5) years, which can be offset against 100% of the companies’ statutory income - Eligibility to receive R&D grants (for majority Malaysian-owned MSC status companies) Qualifying activities: - Be a heavy user of multimedia products and services - Grant diplomas or degrees in respect of approved courses for a training period of at least two (2) years - Establish a multimedia faculty or an appropriate management authority for administering the operations of approved courses - Employ a substantial number of knowledge workers. Knowledge workers can be lecturers, instructors, researchers and employees on a full time or part time basis - Register as a separate legal entity - Conduct and support R&D activities - Comply with all statutory requirements of the Ministry of Education and MOHE for the commencement of operations Industrial Training 190 Other benefits: - Intellectual property protection and a comprehensive framework of cyberlaws - No censorship of the Internet Within the MSC: - World-class physical and IT infrastructure - Globally competitive telecommunication tariffs and services - A well-planned and high quality urban development - Excellent R&D facilities - A green and protected environment Applications should be submitted to MDC. 4. Expatriate Employment PHEIs intending to employ expatriates including foreign lecturers and trainers must obtain the approval of the Department of Private Education, MOHE. Approval for the expatriate posts will be granted for a period of one (1) to five (5) years. Upon approval, PHEIs should forward their applications for Employment Passes to the Immigration Department for endorsement. Foreign lecturers with valid employment passes should later apply to the Education Department for Permits to Teach in accordance with the Private Higher Educational Institutions Act, 1996. A Permit to Teach is valid for one (1) to five (5) years and can be extended for another one (1) to five (5) years. 191 Industrial Training Industrial Training 192 Useful Addresses Address Page Ministries 267 Relevant Organisations 268 MIDA State Offices 270 State Government Offices 271 Department of Environment Offices 272 Department of Occupational Safety and Health Offices 273 Royal Customs Department Offices 274 Education Department Offices 275 Immigration Department Offices 276 Malaysian Cocoa Board Offices 277 List of Universities / Institutes Carrying Out Clinical Trials 277 List of Centres Carrying Out Bioequivalence Studies 277 State Local Authorities 278 The Fire and Rescue Department Offices 284 Pharmacy Services Offices 285 Free Zones (Gazetted Up to August 2000) 287 MINISTRIES PRIME MINISTER’S DEPARTMENT Perdana Putra Building Federal Government Administrative Centre 62502 Putrajaya, Malaysia Tel: (603) 8888 8000 Fax: (603) 8888 3444 Website: www.pmo.gov.my E-mail: [email protected] [email protected] MINISTRY OF AGRICULTURE AND AGRO-BASED INDUSTRY Wisma Tani, Jalan Sultan Salahuddin 50624 Kuala Lumpur, Malaysia Tel: (603) 2617 5000 Fax: (603) 2691 3758 Website: www.agrolink.moa.my E-mail: [email protected] MINISTRY OF ARTS, CULTURE AND HERITAGE TH Perdanan Tower, Maju Junction 10110 Jalan Sultan Ismail 50694 Kuala Lumpur, Malaysia Tel: (603) 2612 7600 Fax: (603) 2693 5114 Website: www.heritage.gov.my E-mail: [email protected] MINISTRY OF DEFENCE Jalan Padang Tembak 50634 Kuala Lumpur, Malaysia Tel: (603) 2692 1333 Fax: (603) 2691 4163 Website: http://mod.gov.my E-mail: [email protected] MINISTRY OF DOMESTIC TRADE AND CONSUMER AFFAIRS Lot 2G3, Presint 2 Federal Government Administrative Centre 62623 Putrajaya, Malaysia Tel: (603) 8882 5500 Fax: (603) 8882 5763 Website: www.kpdnhep.gov.my E-mail: [email protected] MINISTRY OF EDUCATION Level 5, Block E8 Parcel E Federal Government Administrative Centre 62604 Putrajaya, Malaysia (603) 8884 3500 Tel: Fax: (603) 8889 5244 Website: www.emoe.gov.my E-mail: [email protected] MINISTRY OF ENERGY, WATER AND COMMUNICATIONS Block E4/5, Parcel E, Jalan Semantan 50668 Kuala Lumpur, Malaysia Tel: (603) 2087 5000 Fax: (603) 2087 5001 Website: www.ktkm.gov.my E-mail: [email protected] MINISTRY OF ENTREPRENEURIAL AND COOPERATIVE DEVELOPMENT Lot 2G6, Precint 2 Federal Government Administrative Centre 62100 Putrajaya, Malaysia Tel: (603) 8880 5101 (603) 8880 5106 Fax: Website: www.mecd.gov.my E-mail: [email protected] MINISTRY OF FEDERAL TERRITORY Level 1-4, PJH Building, Presint 2 Federal Government Administrative Centre 62100 Putrajaya Malaysia Tel: (603) 8888 4288 (603) 8888 9140 Fax: Website: www.kwp.gov.my E-mail: [email protected] 267 Address MINISTRY OF FINANCE Level 10, Centre Block Finance Ministry Complex Precint 2, Federal Government Administrative Centre, 62592 Putrajaya, Malaysia Tel: (603) 8882 3000 Fax: (603) 8882 3892 / 8882 3894 Website: www.treasury.gov.my E-mail: [email protected] MINISTRY OF FOREIGN AFFAIRS No. 1, Jalan Wisma Putra, Precint 2 62602 Putrajaya, Malaysia Tel: (603) 8887 4000 Fax: (603) 8889 1717 / 8889 2816 Website: www.mofa.gov.my E-mail: [email protected] MINISTRY OF HEALTH Jalan Cenderasari 50590 Kuala Lumpur, Malaysia Tel: (603) 2698 5176 (603) 2698 5964 Fax: Website: www.moh.gov.my E-mail: [email protected] MINISTRY OF HIGHER EDUCATION Block E3, Parcel E Federal Government Administrative Centre 62505 Putrajaya, Malaysia Tel: (603) 8883 5000 (603) 8889 2476 Fax: Website: www.mohe.gov.my MINISTRY OF HOME AFFAIRS Level 12, Block D1, Parcel D Federal Government Administrative Centre 62502 Putrajaya, Malaysia Tel: (603) 8886 8000 Fax: (603) 8889 1610 Website: www.moha.gov.my E-mail: hamzah [email protected] MINISTRY OF HOUSING AND LOCAL GOVERNMENT Level 3-7, Block K, Pusat Bandar Damansara 50782 Kuala Lumpur, Malaysia Tel: (603) 2094 7033 Fax: (603) 2094 7380 / 2093 9720 Website: www.kpkt.gov.my E-mail: [email protected] MINISTRY OF HUMAN RESOURCE Level 6-9, Block D3, Parcel D Federal Government Administrative Centre 62502 Putrajaya, Malaysia Tel: (603) 8886 5000 Fax: (603) 8889 2381 Website: www.mohr.gov.my E-mail: [email protected] MINISTRY OF INFORMATION Angkasapuri, Bukit Putra 50610 Kuala Lumpur, Malaysia (603) 2282 5333 Tel: Fax: (603) 8889 2381 Website: www.kempen.gov.my E-mail: [email protected] MINISTRY OF INTERNAL SECURITY Level 3, Block D1, Parcel D Federal Government Administrative Centre 62502 Putrajaya, Malaysia (603) 8886 8000 Tel: (603) 8889 1610 Fax: Website: www.moha.gov.my E-mail: hamzah [email protected] MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT Wisma Tanah, Jalan Semarak 50574 Kuala Lumpur, Malaysia (603) 2692 1566 Tel: (603) 2691 8641 Fax: Website: www.nre.gov.my E-mail: [email protected] MINISTRY OF NATIONAL UNITY AND SOCIAL DEVELOPMENT 20th & 21st Floor, Wisma Bunga Raya Jalan Raja Laut, 50562 Kuala Lumpur Malaysia Tel: (603) 2692 5022 Fax: (603) 2693 7353 Website: www.kempadu.gov.my E-mail: [email protected] MINISTRY OF PLANTATION INDUSTRIES AND COMMODITIES 6-13th Floor, Lot 2G4, Presint 2 Federal Government Administrative Centre 62654 Putrajaya, Malaysia Tel: (603) 8880 3300 Fax: (603) 8880 3482 Website: www.kppk.gov.my E-mail: [email protected] MINISTRY OF RURAL AND REGIONAL DEVELOPMENT Level 5-9, Block D9, Parcel D Federal Government Administrative Centre 62606 Putrajaya, Malaysia Tel: (603) 8886 3500 / 8886 3700 Fax: (603) 8889 2104 Website: www.rurallink.gov.my E-mail: [email protected] MINISTRY OF SCIENCE, TECHNOLOGY AND INNOVATION Level 1-7, Block C5 Federal Government Administrative Centre 62662 Putrajaya, Malaysia Tel: (603) 8885 8000 Fax: (603) 8888 6070 Website: www.mosti.gov.my E-mail: [email protected] MINISTRY OF TOURISM 6th, 21st, 32nd –36th Floor Menara Dato’ Onn, Putra World Trade Centre 45 Jalan Tun Ismail 50694 Kuala Lumpur, Malaysia Tel: (603) 2693 7111 Fax: (603) 2691 0951 Website: www.motour.gov.my E-mail: [email protected] MINISTRY OF TRANSPORT Level 5-7, Block D5, Parcel D Federal Government Administrative Centre 62502 Putrajaya, Malaysia (603) 8886 6000 Tel: Fax: (603) 8889 1569 / 8889 2597 Website: www.mot.gov.my E-mail: [email protected] MINISTRY OF WOMEN, FAMILY AND COMMUNITY DEVELOPMENT Level 1-6 Block E, Kompleks Pejabat Kerajaan Bukit Perdana, Jalan Dato’ Onn 50515 Kuala Lumpur, Malaysia Tel: (603) 2693 0095 / 2693 0401 Fax: (603) 2693 4982 Website: www.kpwkm.gov.my E-mail: [email protected] MINISTRY OF WORKS 5th Floor, Block A, Kompleks Kerja Raya Jalan Sultan Salahuddin 50580 Kuala Lumpur, Malaysia (603) 2711 1100 Tel: Fax: (603) 2711 6564 Website: www.kkr.gov.my E-mail: [email protected] MINISTRY OF YOUTH AND SPORTS 3rd Floor, Kompleks Pejabat Kerajaan Block G, Jalan Dato’ Onn 50570 Kuala Lumpur, Malaysia (603) 2693 2255 Tel: Fax: (603) 2693 2231 Website: www.kbs.gov.my E-mail: [email protected] RELEVANT ORGANISATIONS ATOMIC ENERGY LICENSING BOARD (AELB) Batu 24, Jalan Dengkil 47800 Dengkil Selangor Tel: (603) 8926 7699 Fax: (603) 8922 3685 Website: www.aelb.gov.my E-mail: [email protected] DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH Level 2, 3 and 4, Block D4, Parcel D Federal Government Administration Centre 62502 Putrajaya Tel: (603) 8886 5000 Fax: (603) 8889 2351 Website: www.dosh.mohr.gov.my BANK NEGARA MALAYSIA Jalan Dato’ Onn P.O. Box 10922 50929 Kuala Lumpur Tel: (603) 2698 8044 Fax: (603) 2691 2990 Website: www.bnm.gov.my E-mail: [email protected] DEPARTMENT OF STANDARDS MALAYSIA Level 1 & 2, Block C4, Parcel C Federal Government Administration Centre 62502 Putrajaya Tel: (603) 8885 8000 Fax: (603) 8888 5060 Website www.dsm.gov.my E-mail: [email protected] BOARD OF ENGINEERS MALAYSIA 17th Floor, JKR Headquarters Kompleks Kerja Raya Malaysia Jalan Sultan Salahuddin 50580 Kuala Lumpur Tel: (603) 2696 7096 Fax: (603) 2692 5017 Website: www.bem.org.my E-mail: [email protected] EMPLOYEES PROVIDENT FUND 7th Floor, KWSP Building, Jalan Raja Laut 50350 Kuala Lumpur Tel: (603) 2694 6566 Fax: (603) 2694 8433 Website: http://www.kwsp.gov.my E-mail: [email protected] CALL CENTER ASSOCIATION MALAYSIA (CCAM) No. 3, Lorong 9/50 46200 Petaling Jaya Tel: (603) 7956 6336 Fax: (603) 7956 6336 Website: www.callcentermalaysia.org E-mail: [email protected] COMMERCIAL VEHICLE LICENSING BOARD Level 4, Podium Block Lot 2G6, Precinct 2 Federal Government Administration Centre 62100 Putrajaya Tel: (603) 8880 5000 Fax: (603) 8880 5621 Website: www.mecd.gov.my CONSTRUCTION INDUSTRY DEVELOPMENT BOARD Level 7, Grand Season Avenue, No 72 Jalan Pahang 53000 Kuala Lumpur (603) 2617 0200 Tel: Fax: (603) 4045 3858 / 2808 Website: www.cidb.gov.my E-mail: [email protected] DEPARTMENT OF ENVIRONMENT Level 3-7, Block C4 Federal Government Administration Centre 62662 Putrajaya (603) 8885 8200 Tel: (603) 8888 9987 Fax: Website: www.jas.sains.my E-mail: [email protected] DEPARTMENT OF INDUSTRIAL RELATIONS Level 4, Block D3, Parcel D Federal Government Administration Centre 62502 Putrajaya Tel: (603) 8886 5000 (603) 8889 2355 Fax: Website: www.jppm.gov.my/jppm/ E-mail: [email protected] DEPARTMENT OF LABOUR Level 5, Block D3, Parcel D Federal Government Administration Centre 62502 Putrajaya Tel: (603) 8886 5000 (603) 8889 2368 Fax: Website: www.jaring.my/ksm/jb E-mail: [email protected] ENERGY COMMISSION 13th Floor, Menara TH Perdana 1001, Jalan Sultan Ismail 50250 Kuala Lumpur Tel: (603) 2612 5400 Fax: (603) 2693 7791 Website: www.st.gov.my E-mail: [email protected] EXPORT-IMPORT BANK OF MALAYSIA (EXIM BANK) Level 19, Bangunan Bank Industri Bandar Wawasan 1016, Jalan Sultan Ismail 50250 Kuala Lumpur Tel: (603) 2692 7077 Fax: (603) 2692 7078 Website: www.exim-bank.com E-mail: [email protected] IMMIGRATION DEPARTMENT Level 3, (Podium), Block2G4, Precinct 2 Federal Government Administration Centre 62550 Putrajaya Tel: (603) 8880 1005 (603) 8880 1394 Fax: Website: www.imi.gov.my E-mail: [email protected] INLAND REVENUE BOARD 10th Floor, Block 9 Government Offices Complex Jalan Duta 50600 Kuala Lumpur (603) 6209 1000 Tel: Fax: (603) 6201 2434 Website: www.hasilnet.org.my E-mail: [email protected] LABUAN OFFSHORE FINANCIAL SERVICES AUTHORITY (LOFSA) Level 17, Main Office Tower Financial Park Labuan Jalan Merdeka 87000 Federal Territory Labuan Tel: (6087) 591 200 / 300 (6087) 413 328 / 453 442 Fax: Website: www.lofsa.gov.my E-mail: [email protected] MALAYSIAN ASSOCIATION OF ENERGY SERVICES COMPANY (MAESCO) 24, Jalan Opera J U2-J, Taman TTDI Jaya 40150 Shah Alam Selangor Darul Ehsan Tel: (603) 7845 2864 Fax: (603) 7875 2069 Website: www.gadingkencana.com.my E-mail: [email protected] MALAYSIAN COMMUNICATION AND MULTIMEDIA COMMISSION 63000 Cyberjaya Selangor. Tel: (603) 8688 8000 Fax: (603) 8688 1000 Website: www.mcmc.gov.my E-mail: [email protected] MULTIMEDIA DEVELOPMENT CORPORATION SDN BHD MSC Headquarters 2360 Persiaran APEC, 63000 Cyberjaya Selangor Darul Ehsan Tel: (603) 8315 3000 Fax: (603) 8318 8519 Website: www.mdc.com.my E-mail: [email protected] MALAYSIAN EXCHANGE OF SECURITIES, DEALING & AUTOMATED QUOTATION BHD (MESDAQ) Suite 50-12-2, 12th Floor Wisma UOA Damansara 50 Jalan Dungun Damansara Heights 50490 Kuala Lumpur Tel: (603) 2715 1188 / 2097 7500 Fax: (603) 2715 9590 Website: www.mesdaq.com.my E-mail: [email protected] MALAYSIA EXPORT CREDIT INSURANCE BERHAD (MECIB) Level 17, Bangunan Bank Industri Bandar Wawasan 1016, Jalan Sultan Ismail P.O. Box 11048 50734 Kuala Lumpur Tel: (603) 2691 0677 (603) 2691 0353 Fax: Website: www.mecib.com.my E-mail: [email protected] MALAYSIAN INDUSTRIAL DEVELOPMENT FINANCE BHD (MIDF) 195A, Jalan Tun Razak 50400 Kuala Lumpur Tel: (603) 2161 0066 / 1166 Fax: (603) 2161 5973 / 2161 Website: www.midf.com.my E-mail: [email protected] MALAYSIAN INDUSTRY-GOVERNMENT GROUP FOR HIGH TECHNOLOGY Office of the Science Advisor to Prime Minister Level 2, West Wing Perdana Putra Building 62502 Putrajaya (603) 8888 1888 Tel: (603) 8888 3822 Fax: Website: www.might.org.my E-mail: [email protected] MALAYSIA EXTERNAL TRADE DEVELOPMENT CORPORATION (MATRADE) 7th Floor, Wisma Sime Darby Jalan Raja Laut, 50350 Kuala Lumpur (603) 2616 3333 Tel: (603) 2694 7363 Fax: Website: www.matrade.gov.my E-mail: [email protected] Address 268 MALAYSIAN TECHNOLOGY DEVELOPMENT CORPORATION SDN BHD Level 3-4, MIDF Building 195A, Jalan Tun Razak 50400 Kuala Lumpur Tel: (603) 2161 2000 Fax: (603) 2163 7542 Website: www.mtdc.com.my E-mail: [email protected] MALAYSIA TOURISM PROMOTION BOARD 17th Floor, Menara Dato’ Onn Putra World Trade Centre 45, Jalan Tun Ismail 50480 Kuala Lumpur Tel: (603) 2615 8188 Fax: (603) 2693 5884 / 0207 Website: www.tourism.gov.my E-mail: [email protected] MALAYSIAN COCOA BOARD 5 & 6th Floors, Wisma SEDCO Locked Bag 211 88999 Kota Kinabalu Sabah. Tel: (6088) 252572 Fax: (6088) 239575 / 253037 Website: www.koko.gov.my E-mail: [email protected] NATIONAL PHARMACEUTICAL CONTROL BUREAU Jalan Universiti, P.O. Box 319 46730 Petaling Jaya Tel: (603) 7957 3611 Fax: (603) 7956 2924 / 7075 Website: www.bpfk.gov.my E-mail: [email protected] NATIONAL ACCREDITATION BOARD Level 14B, Menara PKNS-PJ No.17, Jalan Yong Shook Lin, 46050 Petaling Jaya Tel: (603) 7968 7002 Fax: (603) 7956 9496 Website: www.lan.gov.my E-mail: [email protected] NATIONAL PRODUCTIVITY CORPORATION (NPC) Lorong Produktiviti, Off Jalan Sultan 46200 Petaling Jaya Selangor (603) 7955 7266 Tel: Fax: (603) 7957 8068 Website: www.npc.org.my E-mail: [email protected] 269 Address PORT KLANG AUTHORITY Mail Bag Service 202, Jalan Pelabuhan 42005 Port Klang Selangor Tel: (603) 3168 8211 Fax: (603) 3167 0211/ 3168 8229 Website: www.pka.gov.my E-mail: [email protected] INSTITUTE FOR MEDICAL RESEARCH Standing Committee For Medical Research Jalan Pahang 50588 Kuala Lumpur Tel: (603) 2698 6033 Fax: (603) 2693 8306 Website: www.imr.gov.my E-mail: [email protected] COMPANIES COMMISSION OF MALAYSIA 2nd, 10-17th Floors, Putra Place 100, Jalan Putra 50622 Kuala Lumpur Tel: (603) 4047 6000 Fax: (603) 4047 6317 Website: www.ssm.gov.my E-mail: [email protected] TELEKOM MALAYSIA BERHAD Menara Telekom Off Jalan Pantai Baharu 50672 Kuala Lumpur Tel: (603) 2240 1221 Fax: (603) 2283 2415 Website: www.telekom.com.my E-mail: [email protected] ROYAL MALAYSIAN CUSTOMS Block 2G1B Ministry of Finance Complex, Precinct 2 Federal Government Administration Centre 62596 Putrajaya Tel: (603) 8882 2100 / 2300 Fax: (603) 8889 5899 / 5901 Website: www.customs.gov.my E-mail: [email protected] TENAGA NASIONAL BERHAD 129, Jalan Bangsar 59200 Kuala Lumpur Tel: (603) 2296 5566 Fax: (603) 2283 6397 Website: www.tnb.com.my E-mail: [email protected] SECURITIES COMMISSION No. 3, Persiaran Bukit Kiara Jalan Bukit Kiara 50490 Kuala Lumpur Tel: (603) 6204 8000 Fax: (603) 6201 5078 Website: www.sc.com.my E-mail: [email protected] SMALL & MEDIUM INDUSTRIES DEVELOPMENT CORPORATION Level 8, Tower C, Uptown 5 No. 5, Jalan SS21/39 Damansara Uptown 47500 Petaling Jaya Selangor Tel: (603) 7628 7400 Fax: (603) 7660 1919 Website: www.smidec.gov.my E-mail: [email protected] SOCIAL SECURITY ORGANISATION (SOCSO) Menara Perkeso 281 Jalan Ampang 50538 Kuala Lumpur Tel: (603) 4253 5320 (603) 4256 7713 Fax: Website: www.perkeso.gov.my E-mail: [email protected] THE IGS SECRETARIAT The Ministry of Science, Technology & Innovation Level 1, Block C5 Federal Government Administration Centre 62662 Putrajaya Tel: (603) 8885 8065 Fax: (603) 8888 9000 Website: www.mosti.gov.my E-mail: [email protected] MIDA STATE OFFICES KEDAH & PERLIS Director Malaysian Industrial Development Authority 8th Fl., Wisma PKNK Jalan Sultan Badlishah 05000 Alor Star, Kedah Malaysia Tel: (604) 731 3978 Fax: (612) 731 2439 E-mail: [email protected] PULAU PINANG Director Malaysian Industrial Development Authority 4.03 4th Floor, Menara PSCI 39 Jalan Sultan Ahmad Shah 10050 Pulau Pinang Malaysia Tel: (604) 228 0575 Fax: (604) 228 0327 E-mail: [email protected] PERAK Director Malaysian Industrial Development Authority 2nd Floor, Wisma Bukit Gantang Wahab P.O.Box 210, 30720 Ipoh, Perak Malaysia Tel: (605) 253 9300 Fax: (605) 255 2661 E-mail: [email protected] MELAKA Director Malaysian Industrial Development Authority 13th Floor, Bangunan Graha Maju Jalan Graha Maju, P.O.Box 221 75740 Melaka Malaysia Tel: (606) 282 5711/284 8034 Fax: (606) 283 3437 E-mail: [email protected] JOHOR Director Malaysian Industrial Development Authority Unit No. 15.03 Level 15, Wisma LKN 49, Jalan Wong Ah Fook 80000 Johor Bahru, Johor Malaysia Tel: (607) 224 2550/ 5500 Fax: (607) 224 2360 E-mail: [email protected] PAHANG Director Malaysian Industrial Development Authority Suite 3, 11th Floor Kompleks Teruntum P.O.Box 178, 25720 Kuantan, Pahang Malaysia Tel: (609) 513 7334 Fax: (609) 513 7333 E-mail: [email protected] SABAH Director Malaysian Industrial Development Authority 4th Fl., Bank Negara Building Jalan Lapan Belas, Off Jalan Tun Razak P.O. Box 11915 88821 Kota Kinabalu, Sabah Malaysia Tel: (6088) 211 411/211 412 Fax: (6088) 211 412 E-mail: [email protected] SARAWAK Director Malaysian Industrial Development Authority Room 404, 4th Floor, Bangunan Bank Negara No.147, Jalan Satok, P.O.Box 716 93714 Kuching, Sarawak Malaysia Tel: (6082) 254 251/237 484 Fax: (6082) 252 375 E-mail: [email protected] KELANTAN Director Malaysian Industrial Development Authority 5th Floor, Bangunan PKINK Jalan Tengku Maharani Puteri 15000 Kota Bharu, Kelantan Malaysia Tel: (609) 748 3151 Fax: (609) 744 7294 E-mail: [email protected] TERENGGANU Director Malaysian Industrial Development Authority 5th Floor, Menara Yayasan Islam Terengganu Jalan Sultan Omar 20300 Kuala Terengganu, Terengganu Malaysia Tel: (609) 622 7200 Fax: (609) 623 2260 E-mail: [email protected] Address 270 STATE GOVERNMENT OFFICES JOHOR State Secretariat Office Level 2, Bangunan Sultan Ibrahim Bukit Timbalan 80990 Johor Bahru Tel: (607) 224 1957 Fax: (607) 224 1495 Website: www.johordt.gov.my E-mail: [email protected] KEDAH State Secretariat Office Level 2, Block A, Wisma Darul Aman 05503 Alor Setar Tel: (604) 730 1212 Fax: (604) 731 3339 Website: www.kedah.gov.my E-mail: [email protected] KELANTAN State Secretariat Office Blok 2, Kota Darulnaim 15503 Kota Bharu Tel: (609) 748 1957 Fax: (609) 744 3164 Website: www.kelantan.gov.my E-mail: [email protected] MELAKA State Secretariat Office Pejabat Ketua Menteri Melaka Level 4, Block Bendahara Seri Negeri, Ayer Keroh 75450 Melaka Te: (606) 230 7204 Fax: (606) 232 8220 Website: www.melaka.gov.my E-mail: [email protected] NEGERI SEMBILAN State Secretariat Office 5th Floor, Blok A, Wisma Negeri 70503 Seremban Tel: (606) 763 2041 Fax: (606) 767 3728 Website: www.sukns.gov.my E-mail: [email protected] 271 Address PAHANG State Secretariat Office Wisma Sri Pahang, 2nd Floor, Blok A 25503 Kuantan Tel: (609) 512 6601 Fax: (609) 552 6106 Website: www.pahang.gov.my E-mail: [email protected] SARAWAK Chief Minister Department 20th Floor, Wisma Bapa Malaysia 95302 Petrajaya Kuching Tel: (6082) 441 957 Fax: (6082) 441 677 Website: www.sarawak.gov.my PERAK State Secretariat Office Jalan Istana 30000 Ipoh Tel: (605) 241 5668 Fax: (605) 254 5323 Website: www.perak.gov.my E-mail: [email protected] SELANGOR State Secretariat Office Bangunan Sultan Salahuddin Abdul Aziz Shah 40503 Shah Alam Tel: (603) 5510 9255 Fax : Website: www.selangor.gov.my E-mail: [email protected] PERLIS State Secretariat Office Ibu Pejabat Kerajaan Negeri 01990 Kangar Tel: (604) 970 2109 Fax: (604) 976 3555 Website: www.perlis.gov.my E-mail: [email protected] TERENGGANU State Secretariat Office 15th Floor, Wisma Darul Iman 20503 Kuala Terengganu Tel: (609) 623 1957 Fax: (609) 624 2244 Website: www.terengganu.gov.my E-mail: [email protected] PULAU PINANG State Secretariat Office Level 25, Kompleks Tun Abdul Razak (KOMTAR) 10503 Penang Tel: (604) 262 1957 Fax: (604) 261 8618 Website: www.sukpp.gov.my E-mail: [email protected] SABAH Chief Minister Department Level 7, Block B, Wisma MUIS 88999 Kota Kinabalu Tel: (6088) 423 1111 Fax: (6088) 424 125 Website: www.sabah.gov.my DEPARTMENT OF ENVIRONMENT OFFICES JOHOR Department of Environment Level 3, Bangunan Timjaya Km 7, Jalan Skudai 81200 Johor Bahru Tel: (607) 235 6041 Fax: (607) 235 6071 E-mail: [email protected] PAHANG Department of Environment 4th Floor, Bangunan Asia Life Jalan Telok Sisek 25662 Kuantan Tel: (609) 552 9211 / 555 4793 Fax: (609) 552 9075 E-mail: [email protected] SARAWAK Department of Environment 1st Floor, Lot 2347 Piasan Link Commercial Centre Piasan, 98008 Miri Tel: (6085) 657 919 Fax: E-mail: [email protected] KEDAH Department of Environment 6th Floor, Kompleks LADA Jalan Persiaran Putera 07000 Kuah Tel: (604) 966 4530 Fax: (604) 966 3950 E-mail: [email protected] PERAK Department of Environment 4, 7 & 9th Floors, Bangunan Seri Kinta Jalan Sultan Idris Shah 30000 Ipoh Tel: (605) 254 2744 / 253 8472 Fax: (605) 255 8595 E-mail: [email protected] SARAWAK DEPARTMENT OF ENVIRONMENT 2nd Floor, Bangunan Ibu Pejabat BDA No. 1, Jalan Kidurang 97007 Bintulu Tel: (6086) 339 542 / 313 827 Fax: (6086) 312 958 E-mail: [email protected] KEDAH Department of Environment Level 1, Menara Zakat Jalan Telok Wanjah 05200 Alor Setar Tel: (604) 733 2832 Fax: (604) 733 7350 E-mail: [email protected] PERLIS Department of Environment 2nd Floor, Bangunan KWSP Jalan Bukit Lagi 10000 Kangar Tel: (604) 979 3100 Fax: (604) 977 2822 E-mail: [email protected] SELANGOR Department of Environment 12th Floor, Wisma MPSA Persiaran Perbandaran 40000 Shah Alam Tel: (603) 5519 4787 / 4788 Fax: (603) 5519 4788 E-mail: [email protected] KELANTAN Department of Environment 4th Floor, Wisma Ilmu Bangunan Tabung Haji Jalan Doktor 15000 Kota Bharu Tel: (609) 747 9008 Fax: (609) 747 9014 E-mail: [email protected] PULAU PINANG Department of Environment 5&6th Floors, Wisma Peladang Jalan Kg Gajah 12200 Butterworth Tel: (604) 333 4441 Fax: (604) 333 1667 E-mail: [email protected] TERENGGANU Department of Environment 9th Floor, Menara Yayasan Islam Terengganu Jalan Sultan Omar 20300 Kuala Terengganu Tel: (609) 626 1044 Fax: (609) 622 6877 E-mail: [email protected] SABAH Department of Environment 7th Floor, Blok E, Bangunan KUWASA Jalan Karamunsing 88000 Kota Kinabalu Tel: (6088) 250 025 Fax: (6088) 241 170 E-mail: [email protected] WILAYAH PERSEKUTUAN Department of Environment 1st Floor, Wisma SCA No. 3, Jalan Sungai Besi 57100 Kuala Lumpur Tel: (603) 9221 5543 Fax: (603) 9221 6437 E-mail: [email protected] MELAKA Department of Environment 2nd Floor, Bangunan Graha Maju Jalan Graha Maju 75300 Melaka Tel: (606) 284 7825 / 284 7839 Fax: (606) 284 7845 E-mail: [email protected] NEGERI SEMBILAN Department of Environment 5th Floor, Arab Malaysian Business Centre Jalan Pewas 70200 Seremban Tel: (606) 764 9017 (606) 764 9019 Fax: E-mail: [email protected] PAHANG Department of Environment Majlis Perbandaran Temerloh POSTCODE ??? Temerloh Pahang Tel: (609) 296 5198 (609) 296 5198 Fax: E-mail: [email protected] SABAH Department of Environment 4th Floor, Blok 4 Kompleks Ujana Kewangan 87007 Federal Territory Labuan Tel: (6087) 408 772 Fax: (6087) 408 774 E-mail: [email protected] SARAWAK Department of Environment 7-9th Floors, Wisma STA No 26, Jalan Datuk Abang Abdul Rahin 93450 Kuching (6082) 418 535 / 418 536 Tel: Fax: (6082) 480 863 E-mail: [email protected] Address 272 DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH JOHOR Department of Safety and Health Johor Level 3, Blok B, Wisma Persekutuan Jalan Ayer Molek 80534 Johor Bharu Tel: (607) 224 3076 Fax: (607) 224 2667 E-mail: [email protected] PAHANG Department of Safety and Health Pahang Level 9, Bangunan Persekutuan Jalan Gambut 25000 Kuantan Tel: (609) 555 4014 Fax: (609) 555 3215 E-mail: [email protected] SELANGOR Department of Safety and Health Selangor Level 7, Wisma Consplant 2 Jalan SS 16/1 75400 Subang Jaya Tel: (603) 5638 0340 Fax: (603) 5638 9159 E-mail: [email protected] KEDAH & PERLIS Department of Safety and Health Kedah & Perlis Level 9, Wisma Persekutuan Jalan Kampong Baru 05534 Alor Setar Tel: (604) 730 8081 Fax: (604) 732 9659 E-mail: [email protected] PERAK Department of Safety and Health Perak Level 3, Bangunan Sri Kinta Jalan Sultan Idris Shah 30000 Ipoh Tel: (605) 254 9711 Fax: (603) 255 5219 E-mail: [email protected] TERENGGANU Department of Safety and HealthTerengganu Level 3, Wisma Persekutuan Jalan Sultan Ismail 20200 Kuala Terengganu Tel: (609) 4257 6066 Fax: (609) 4257 2991 E-mail: [email protected] KELANTAN Department of Safety and Health Kelantan Level 8 Bangunan Persekutuan Jalan Bayam 15534 Kota Bharu Tel: (609) 748 2375 Fax: (609) 746 2809 E-mail: [email protected] PULAU PINANG Department of Safety and Health Penang Level 17&18 NB Tower 5050 Jalan Bagan Luar 12000 Butterworth Tel: (604) 332 2258 Fax: (604) 323 7261 E-mail: [email protected] WILAYAH PERSEKUTUAN Department of Safety and Health Wilayah Persekutuan Level 17, Menara PERKESO 281 Jalan Ampang 50534 Kuala Lumpur Tel: (603) 4257 6066 Fax: (603) 4257 2991 E-mail: [email protected] MELAKA Department of Safety and Health Melaka Level 2, Wisma Datuk Hj Mohd Jalan Hang Tuah 75300 Melaka Tel: (606) 282 6659 Fax: (606) 282 6679 E-mail: [email protected] SABAH Department of Safety and Health Sabah Lot No. D7.4, Level 7 Blok D, Bangunan KWSP P.O. Box 7 49, Jalan Karamunsing 88534 Kota Kinabalu Tel: (6088) 235 855 Fax: (6088) 233 367 E-mail: [email protected] NEGERI SEMBILAN Department of Safety and Health Negeri Sembilan Level 11, Wisma Persekutuan Jalan Datuk Abdul Kadir 70000 Seremban Tel: (606) 761 2828 Fax: (606) 764 3143 E-mail: [email protected] 273 Address SARAWAK Department of Safety and Health Sarawak Level 14, Bangunan Somerset Gateway No 9, Jalan Bukit Mata 93100 Kuching Tel: (6082) 242 257 Fax: (6082) 259 846 E-mail: [email protected] ROYAL CUSTOMS DEPARTMENT OFFICES JOHOR Royal Customs Kompleks Kastam Tanjung Puteri P.O. Box 780 80990 Johor Bahru Tel: (607) 222 4666 Fax: (607) 223 3855 E-mail: [email protected] PAHANG Royal Customs Wisma Kastam, Jalan Besar P.O. Box 20 25700 Kuantan Tel: (609) 553 515 Fax: (609) 553 513 E-mail: [email protected] SARAWAK Royal Customs Jalan Gedung, Bintawa P.O. Box 1385 93596 Kuching Tel: (6082) 333 133 Fax: (6082) 330 152 E-mail: [email protected] KEDAH Royal Customs Kompleks Kastam Negeri Jalan Pegawai 05050 Alor Setar Tel: (604) 772 1212 Fax: (604) 772 0004 E-mail: [email protected] PERAK Royal Customs No. 37-39, Jln. Tun Abd. Razak 30100 Ipoh Tel: (605) 527 1340 Fax: (605) 527 5884 E-maill: [email protected] TERENGGANU Royal Customs Bangunan UMNO Jalan Sultan Mohamed Gong Kapas 21100 Kuala Terengganu Tel: (609) 622 1077 Fax: (609) 623 0393 E-mail: [email protected] KELANTAN Royal Customs Jalan Sultan 15000 Kota Bharu Tel: (609) 748 1508 Fax: (609) 747 7002 E-mail: [email protected] MELAKA Royal Customs Jalan Quayside 75710 Melaka Tel: (606) 282 8355 Fax: (606) 283 9211 E-mail: [email protected] NEGERI SEMBILAN Royal Customs Jalan Paroi-Senawang P.O. Box 16 70450 Seremban Tel: (606) 762 7463 Fax: (606) 762 0762 E-mail: [email protected] PERLIS Royal Customs Kompleks Kastam Negeri Jalan Kampong Pondok 01000 Kangar Tel: (604) 976 1420 Fax: (604) 976 5014 E-mail: [email protected] PULAU PINANG Royal Customs Jabatan Kastam Diraja Malaysia Wisma Kastam Gat Leboh China 10300 Penang Tel: (604) 262 2300 Fax: (604) 262 5178 E-mail: [email protected] WILAYAH PERSEKUTUAN Royal Customs Wilayah Persekutuan 22, Jalan SS6/3, Kelana Jaya 47301 Petaling Jaya Tel: (603) 7884 0800 Fax: (603) 7804 0195 E-mail: [email protected] SABAH Royal Customs Jalan Haji Saman 88596 Kota Kinabalu Tel: (6088) 231 411 Fax: (6089) 242160 Fax: (6089) 233236 E-mail: [email protected] Address 274 EDUCATION DEPARTMENT OFFICES JOHOR Johor State Education Department Jalan Tun Abdul Razak 80604 Johor Bahru Tel: (607) 236 1633 Fax: (607) 238 5789 E-mail: [email protected] PAHANG Pahang State Education Department Jalan Alor Akar 25604 Kuantan Tel: (609) 567 6402 Fax: (609) 567 4257 E-mail: [email protected] KEDAH Kedah State Education Department Educational Complex Jalan Stadium 05100 Alor Setar Tel: (604) 733 1311 Fax: (604) 731 7496 PERAK Perak State Education Department Jalan Tun Abdul Razak 30640 Ipoh Tel: (605) 527 4355 Fax: (605) 527 7273 E-mail: [email protected] KELANTAN Kelantan State Education Department Jalan Doktor 15000 Kota Bharu Tel: (609) 741 8000 Fax: (609) 748 2554 E-mail: [email protected] PERLIS Perlis State Education Department Jalan Tun Abd Razak 01990 Kangar Tel: (604) 976 1177 Fax: (604) 976 7080 E-mail: [email protected] MELAKA Melaka State Education Department Jalan Bukit Beruang P.O. Box No. 62 75902 Melaka Tel: (606) 232 3776 Fax: (606) 232 0500 E-mail: [email protected] PULAU PINANG Penang State Education Department Jalan Bukit Gambir 10700 Penang Tel: (604) 657 5500 Fax: (604) 261 1726 E-mail: [email protected] NEGERI SEMBILAN Negeri Sembilan State Education Department Jalan Dato' Hamzah Locked Bag No.6 70990 Seremban Tel: (606) 765 3100 Fax: (606) 763 9969 E-mail: [email protected] 275 Address SABAH Sabah State Education Department Territorial House 88604 Kota Kinabalu Tel: (6088) 232 277 Fax: (6088) 234 828 E-mail: [email protected] SARAWAK Sarawak State Education Department Tun Datuk Patinggi Building Tuanku Haji Bujang Jalan Simpang Tiga 93604 Kuching Tel: (6082) 243 201 Fax: (6082) 246 750 E-mail: [email protected] SELANGOR Selangor State Education Department Jalan Jambu Bol 4/3E, Section 4 40604 Shah Alam Tel: (603) 5518 6500 Fax: (603) 5510 2133 E-mail: [email protected] TERENGGANU Terengganu State Education Department Jalan Paya Bunga 20604, Kuala Terengganu Tel: (609) 624 4500 Fax: (609) 622 7207 E-mail: [email protected] WILAYAH PERSEKUTUAN Kuala Lumpur State Education Department Federal Territory Education Department Bangunan Anjung FELDA Jalan Maktab, Off Jalan Semarak 50604 Kuala Lumpur Tel: (603) 2693 0777 Fax: (603) 2697 4801 E-mail: [email protected] IMMIGRATION DEPARTMENT OFFICES JOHOR Johor State Immigration Department 1st Floor, Blok B, Wisma Persekutuan Jalan Air Molek 80550 Johor Bahru Tel: (607) 224 4253 Fax: (607) 223 1740 E-mail: [email protected] PAHANG Negeri Pahang State Immigration Department Kompleks Imigresen Bandar Indera Mahkota 25200 Kuantan Tel: (609) 573 2200 Fax: (609) 573 640 E-mail: [email protected] KEDAH Kedah State Immigration Department 2nd Floor, Wisma Persekutuan Jalan Kampung Baru 05000 Alor Setar Tel: (604) 733 3302 Fax: (604) 733 1752 E-mail: [email protected] PERAK Perak State Immigration Department 1&2 Floors, Bangunan Sri Kinta Jalan Sultan Idris Shah 30000 Ipoh Tel: (605) 241 5233 Fax: (605) 255 8386 E-mail: [email protected] KELANTAN Kelantan State Immigration Department 2nd Floor, Wisma Persekutuan Jalan Bayam 15550 Kota Bharu Tel: (609) 744 0322 Fax: (609) 744 0200 E-mail: [email protected] PERLIS Perlis State Immigration Department 1st Floor, Bangunan Persekutuan Persiaran Jubli Emas 01000 Kangar Tel: (604) 976 2636 Fax: (604) 976 1861 E-mail: [email protected] MELAKA Melaka State Immigration Department 2nd Floor, Bangunan Persekutuan Jalan Hang Tuah 75300 Melaka Tel: (606) 292 3300 Fax: (606) 284 1085 E-mail: [email protected] PULAU PINANG Penang State Immigration Department Jalan Leboh Pantai 10550 Penang Tel: (604) 261 5122 Fax: (604) 733 1752 E-mail: [email protected] NEGERI SEMBILAN Negeri Sembilan State Immigration Department 2nd Floor, Wisma Persekutuan Jalan Datuk Abdul Kadir 70000 Seremban Tel: (606) 762 0000 Fax: (606) 763 2491 E-mail: [email protected] SABAH Sabah State Immigration Department 4&5 Floors Bangunan Wisma Dang Bandang Jalan Tuanku Abdul Rahman 88550 Kota Kinabalu Tel: (6088) 280 700 Fax: (6088) 280 701 E-mail: [email protected] SARAWAK Sarawak State Immigration Department 1&2 Floors, Bangunan Sultan Iskandar Jalan Simpang Tiga 93908 Kuching Tel: (6082) 245 661 Fax: (6082) 240 390 SELANGOR Selangor State Immigration Department 2nd Floor, Kompleks PKNS 40550 Shah Alam Tel: (603) 5519 0653 Fax: (603) 559 0414 TERENGGANU Terengganu State Immigration Department 1st Floor, Wisma Persekutuan Jalan Sultan Ismail 20200 Kuala Terengganu Tel: (609) 622 1424 Fax: (609) 623 6682 E-mail: [email protected] WILAYAH PERSEKUTUAN Wilayah Persekutuan Immigration Department Ground Floor, Kompleks Wilayah Jalan Munshi Abdullah Kuala Lumpur Tel: (603) 2698 0377 Fax: (603) 2698 0068 E-mail: [email protected] WILAYAH PERSEKUTUAN LABUAN Wilayah Persekutuan Labuan Immigration Department P.O. Box 174 87008 Federal Territory Labuan Tel: (6087) 412 298 Fax: (6087) 414 990 E-mail: [email protected] Address 276 MALAYSIAN COCOA BOARD OFFICES Malaysian Cocoa Board Licensing and Grading Unit No. 30B&C, 2nd Floor Bangunan LKN Jalan Batu Unjur 1 Bayu Perdana 41200 Klang Tel: (603) 3324 3762 Fax: (603) 3324 2451 E-mail: [email protected] Malaysian Cocoa Board Licensing and Grading Unit F86, 1st Floor Jalan Kuantan Bandar Baru Temerloh Pahang Tel: (609) 4852 762 Fax: (609) 296 4137 E-mail: [email protected] Malaysian Cocoa Board Licensing and Grading Unit MDLD 3988, Lot 103, 2nd Floor Fajar Centre Jalan Segama, P.O. Box 61095 91120 Lahad Datu Tel: (6089) 882 273 / 533 Fax: (6089) 884 117 E-mail: [email protected] Malaysian Cocoa Board Licensing and Grading Unit 5&6 Floors, Wisma SEDCO Lorong Plaza Wawasan Off Coastal Highway 88999 Kota Kinabalu Tel: (6688) 252572 Fax: (6088) 239575 Website: www.koko.gov.my E-mail: [email protected] Malaysian Cocoa Board Licensing and Grading Unit 5th Floor, Bangunan Bank Negara Jalan Santok 93400 Kuching Tel: (6082) 247 790 / 247 646 Fax: (6082) 278 688 E-mail: [email protected] LIST OF UNIVERSITIES / INSTITUTES CARRYING OUT CLINICAL TRIALS UNIVERSITY OF MALAYA Assistant Registrar Faculty of Medicine University Of Malaya 50603 Kuala Lumpur Tel: (603) 7967 7022 Fax: (603) 7956 8841 E-mail: [email protected] SCIENCE UNIVERSITY OF MALAYSIA Assistant Registrar Research and Ethics Committee Pharmaceutical Science Research Centre Science University Of Malaysia 16150 Kubang Kerian Tel: (609) 764 1703 Fax: (609) 765 6532 E-mail: [email protected] NATIONAL UNIVERSITY OF MALAYSIA Secretariat of Research Committee and Ethics Committee Faculty of Medicine National University Of Malaysia Jalan Tenteram, Bandar Tun Razak 56000 Cheras Tel: (603) 9173 9064 Fax: (603) 9173 9214 E-mail: [email protected] INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA Deputy Dean (Postgraduate and Research) Kulliyah of Medicine International Islamic University Malaysia Jalan Istana Bandar Indra Mahkota 25200 Kuantan Tel: (609) 513 2797 (609) 571 6770 Fax: E-mail: [email protected] NATIONAL HEART INSTITUTE Secretary of Ethical Committee National Heart Institute 145, Jalan Tun Razak 50400 Kuala Lumpur Tel: (603) 2617 8200 Fax: (603) 2698 2824 E-mail: [email protected] UNIVERSITY SARAWAK MALAYSIA Deputy Dean (Research) Faculty of Medicine and Health Science Lot 77, Seksyen 22 KTLD, Jalan Tun Ahmad Zaidi Adruce 93150 Kuching Tel: (6082) 416 550 Fax: (6082) 422 564 E-mail: [email protected] LIST OF CENTRES CARRYING OUT BIOEQUIVALENCE STUDIES CLINICAL INVESTIGATION CENTRE (CIC) 13th Floor, Main Tower University Hospital Lembah Pantai 50603 Kuala Lumpur Tel:: (603) 7950 2351 Fax: (603) 7954 1904 E-mail: [email protected] NATIONAL UNIVERSITY OF MALAYSIA Faculty of Allied Health Sciences Pharmaceutical Department Jalan Raja Muda Abdul Aziz 50300 Kuala Lumpur Tel: (603) 2692 3066 Fax: (603) 2698 3271 Website: www.ukm.my E-mail: [email protected] 277 Address GLENEAGLES CLINICAL RESEARCH CENTRE 4th Floor, Gleneagles Medical Centre No. 1, Jalan Pangkor 10050 Penang (604) 228 5760 / 227 6111 (ext 426) Tel: Fax: (604) 228 5715 E-mail: [email protected] PHARMACEUTICAL SCIENCE RESEARCH CENTRE Clinical Trials Unit Kelantan Campus 16150 Kubang Kerian (609) 765 1700 / 1711 Tel: Fax: (609) 765 3370 E-mail: [email protected] INTERNATIONAL MEDICAL UNIVERSITY IMU-Equilab Sesama Centre Plaza Komanwel, Bukit Jalil 57000 Kuala Lumpur Tel: (603) 8666 7296 Fax: (603) 8656 7299 Website: www.imu.edu.my E-mail: [email protected] SCIENCE UNIVERSITY OF MALAYSIA Drug Research Centre 11800 Penang (604) 653 3888 Tel: Fax: (604) 657 4854 E-mail: [email protected] SCIENCE UNIVERSITY OF MALAYSIA Pharmaceutical Science Research Centre Minden 11800 Penang Tel: (604) 657 7888 Fax: (604) 657 0017 E-mail: [email protected] STATE LOCAL AUTHORITIES JOHOR LEMBAGA BANDARAN JOHOR TENGGARA Ibu Pejabat Kejora Jalan Dato' Onn, Bandar Penawar Desaru, 81900 Kota Tinggi Tel: (607) 8221 601 / 8221 610 Fax: (607) 8221 216 MAJLIS BANDARAYA JOHOR BAHRU Jalan Dato' Onn P.O. Box 232 80720 Johor Bahru Tel: (607) 2282 525 Fax: (607) 2230 619 MAJLIS DAERAH KOTA TINGGI Jalan Padang 81900 Kota Tinggi Tel: (607) 8831 004 / 8834 558 Fax: (607) 8834 015 MAJLIS DAERAH KULAI Jalan Pejabat Kerajaan 81000 Kulai Tel: (607) 6631 511 / 6632 132 Fax: (607) 6632 407 MAJLIS DAERAH LABIS 85300 Labis Tel: (607) 9251 781 Fax: (607) 9251 308 MAJLIS DAERAH MERSING 243, Jalan Ibrahim 86800 Mersing Tel: (607) 7992 969 Fax: (607) 7993 975 MAJLIS PERBANDARAN BATU PAHAT Jalan Pejabat 83000 Batu Pahat Tel: (607) 4341 045 / 4341 944 Fax: (607) 4321 164 MAJLIS DAERAH PONTIAN Jalan Alfagolf 82000 Pontian Tel: (607) 6871 442 / 6870 292 Fax: (607) 6873 131 MAJLIS PERBANDARAN JOHOR BAHRU TENGAH 81300 Skudai, Johor Bahru Tel: (607) 5561 005 / 5571 730 Fax: (607) 5568 007 MAJLIS DAERAH SEGAMAT No 1, Jalan Abdullah 85000 Segamat Tel: (607) 9314 455 / 9312 710 Fax: (607) 9312 712 MAJLIS PERBANDARAN KLUANG Jalan Pejabat Kerajaan 86000 Kluang Tel: (607) 777 1401 / 1402 Fax: (607) 7713 209 MAJLIS DAERAH SIMPANG RENGGAM Jalan Pejabat 86200 Simpang Renggam Tel: (607) 7551 300 / 7551 303 Fax: (607) 7556 131 / 7551 302 MAJLIS PERBANDARAN MUAR Locked Bag 516 84009 Muar Tel: (606) 9521 204 / 206 Fax: (606) 9522 691 MAJLIS DAERAH TANGKAK P.O. Box 67 84907 Tangkak Tel: (606) 9781 261 / 9782 226 Fax: (606) 9782 670 PIHAKBERKUASA TEMPATAN PASIR GUDANG L3 – 06, Kompleks Pusat Bandar 81700 Pasir Gudang Tel: (607) 2513 720 / 22 / 2514 021 Fax: (607) 2515 260 MAJLIS DAERAH YONG PENG Km 1, Jalan Labis 83700 Yong Peng Tel: (607) 4671 276 / 4674 276 Fax: (607) 4671 712 KEDAH MAJLIS DAERAH BALING 09100 Baling Tel: (604) 4701 800 Fax: (604) 4701 580 MAJLIS DAERAH SIK 08200 Sik Tel: (604) 4695 394 Fax: (604) 4695 448 MAJLIS DAERAH BANDAR BAHARU 09800 Serdang Tel: (604) 4077 264 (604) 4078 873 Fax: MAJLIS DAERAH YAN 06900 Yan Tel: (604) 4655 745 (604) 4655 990 Fax: MAJLIS DAERAH KUBANG PASU 06000 Jitra Tel: (604) 9171 901 Fax: (604) 9174 057 MAJLIS PERBANDARAN ALOR SETAR Jalan Kolam Air 05675 Alor Setar Tel: (604) 7332 499 / 7300 458 (604) 7334 377 Fax: MAJLIS DAERAH PADANG TERAP 06300 Kuala Nerang (604) 7866 328 Tel: Fax: (604) 7866 639 MAJLIS PERBANDARAN KULIM 09000 Kulim Tel: (604) 4906 522 Fax: (604) 4901 443 MAJLIS PERBANDARAN LANGKAWI Bandaraya Pelancongan 07000 Kuah Langkawi Tel: (604) 9666 590 Fax: (604) 9666 158 MAJLIS PERBANDARAN SUNGAI PETANI Kompleks SP Plaza Jalan Ibrahim 08000 Sungai Petani Tel: (604) 4212 205 (604) 4233 416 Fax: LOCAL AUTHORITY Kulim Hi-Tech Park P.O. Box 28 09000 Kulim Tel: (604) 4032 266 Fax: (604) 4032 277 MAJLIS DAERAH PENDANG Level 3, Wisma Seri Pendang 06700 Pendang (604) 7596 077 Tel: Fax: (604) 7596 709 Address 278 KELANTAN MAJLIS DAERAH BACHOK 16300 Bachok Tel: (609) 7788 524 Fax: (609) 7789 533 / 500 MAJLIS DAERAH KUALA KRAI SELATAN 18200 Dabong Tel :(609) 9663 345 Fax :(609) 9667 345 MAJLIS DAERAH PASIR PUTEH 16800 Pasir Puteh Tel: (609) 7866 011 Fax: (609) 7867 011 / 7904 963 MAJLIS DAERAH GUA MUSANG 18300 Gua Musang Tel: (609) 9121 235 Fax: (609) 9121 044 / 669 MAJLIS DAERAH KUALA KRAI UTARA 18000 Kuala Krai Tel :(609) 9666 121 Fax :(609) 9663 284 MAJLIS DAERAH TANAH MERAH 17500 Tanah Merah Tel: (609) 9556 026 Fax: (609) 9556 826 MAJLIS DAERAH JELI 17600 Jeli Tel: (609) 9440 023 / 063 Fax: (609) 9440 007 / 250 MAJLIS DAERAH MACHANG Pejabat Majlis Daerah Machang 1 & 2 Floor, Bangunan Aked Mdm Jalan Dato' Hashim 18500 Machang Tel: (609) 9751 076 Fax: (609) 9751 431 MAJLIS DAERAH TUMPAT 16200 Tumpat Tel: (609) 7257 285 / 7257 788 Fax: (609) 7256 919 MAJLIS DAERAH KOTA BHARU 16450 Ketereh, Kota Bharu Tel: (609) 7886 112 / 7887 267 Fax: (609) 7886 031 MAJLIS DAERAH PASIR MAS 17000 Pasir Mas Tel: (609) 7909 250 Fax: (609) 7903 250 MAJLIS PERBANDARAN KOTA BHARU 15000 Kota Bharu Tel: (609) 7483 344 / 7483 209 Fax: (609) 7486 026 MELAKA MAJLIS BANDARAYA MELAKA BERSEJARAH Bangunan Graha Makmor No 1, Lebuh Ayer Keroh 75450 Melaka Tel: (606) 2326 411 Fax: (606) 2325 716 E-Mail: [email protected] MAJLIS DAERAH JASIN 77000 Jasin Tel: (606) 5291 245 / 5291 994 Fax: (606) 5293 537 MAJLIS PERBANDARAN ALOR GAJAH JKR No. 2239 78000 Alor Gajah Tel :(606) 5562 575 Fax :(606) 5564 909 MAJLIS DAERAH JELEBU Kuala Kelewang 71600 Jelebu Tel: (606) 6136 479 / 991 Fax: (606) 6137 515 MAJLIS DAERAH REMBAU Jalan Dato' Lela Maharaja 71309 Rembau Tel: (606) 6851 144 Fax: (606) 6855 117 / 6852 884 MAJLIS PERBANDARAN PORT DICKSON 71009 Port Dickson Tel: (606) 6473 904 / 6474 962 Fax: (606) 6474 984 MAJLIS DAERAH JEMPOL 721120 Bandar Seri Jempol Tel: (606) 4581 233 / 4847 (606) 4585 800 Fax: MAJLIS DAERAH TAMPIN 73000 Tampin Tel: (606) 4411 601 (606) 4413 001 Fax: MAJLIS DAERAH KUALA PILAH 72000 Kuala Pilah Tel: (606) 4814 025 Fax: (606) 4811 042 MAJLIS PERBANDARAN NILAI P.O. Box 52 71800 Nilai Tel: (606) 7996 200 Fax: (606) 7997 300 NEGERI SEMBILAN 279 Address MAJLIS PERBANDARAN SEREMBAN Jalan Yam Tuan 70990 Seremban Negeri Sembilan (606) 7642 944 Tel: Fax: (606) 7637 449 PAHANG MAJLIS DAERAH BENTONG Jalan Ketari 28700 Bentong Tel: (609) 2221 148 Fax: (609) 2223 729 MAJLIS DAERAH LIPIS Level 4, Bangunan Lipis Central Point 27200 Kuala Lipis Tel: (609) 3121 253 Fax: (609) 3123 953 MAJLIS DAERAH BERA 28300 Triang Tel: (609) 2553 870 / 871 Fax: (609) 2554 243 MAJLIS DAERAH MARAN 26500 Maran Tel: (609) 4771 411 / 412 Fax: (609) 4771 511 MAJLIS PERBANDARAN KUANTAN Jalan Tanah Puteh 25100 Kuantan Tel: (609) 5121 666 / 5121 555 Fax: (609) 5130 644 MAJLIS DAERAH CAMERON HIGHLANDS P.O. Box 66 29007 Tanah Rata Tel: (605) 4911 455 / 4912 097 Fax: (605) 4911 728 / 843 MAJLIS DAERAH PEKAN 266600 Pekan Tel: (609) 4221 350 Fax: (609) 4221 954 MAJLIS PERBANDARAN TEMERLOH 28000 Temerloh Tel: (609) 2961 777 / 770 Fax: (609) 2962 664 MAJLIS DAERAH JERANTUT 27000 Jerantut Tel: (609) 2662 205 Fax: (609) 2661 545 / 2665 513 MAJLIS DAERAH ROMPIN 26800 Kuala Rompin Tel: (609) 4146 677 / 688 Fax: (609) 4146 077 MAJLIS DAERAH RAUB 27600 Raub Tel: (609) 3551 175 / 804 Fax: (609) 3554 270 PERAK MAJLIS BANDARAYA IPOH Jalan Sultan Abdul Jalil 30450 Ipoh Tel: (605) 2413 733 Fax: (605) 2537 396 / 2540 144 MAJLIS DAERAH KINTA SELATAN JKR 163, Jalan Batu 31900 Kampar Tel: (605) 4666 004 / 4664 823 Fax: (605) 4665 136 MAJLIS DAERAH GERIK Jalan Haji Meor Yahaya 33000 Gerik Tel: (605) 7912 305 Fax: (605) 7912 288 E-Mail: [email protected] MAJLIS DAERAH KUALA KANGSAR Jalan Raja Chulan 33000 Kuala Kangsar Tel: (605) 7763 199 Fax: (605) 7761 004 MAJLIS DAERAH HILIR PERAK Jalan Sekolah 36000 Teluk Intan Tel: (605) 6221 299 / 6221 277 Fax: (605) 6212 446 E-Mail: [email protected] MAJLIS DAERAH KERIAN No 1, Wisma Majlis Daerah Kerian Jalan Padang 34200 Parit Buntar Tel: (605) 7163 658 Fax: (605) 7169 268 E-Mail: [email protected] MAJLIS DAERAH KINTA BARAT Jalan Dewangsa 31007 Batu Gajah Tel: (605) 3632 020 (605) 3665 930 Fax: E-Mail: [email protected] MAJLIS DAERAH LENGGONG Jalan Alang Iskandar 33400 Lenggong Tel: (605) 7677 207 Fax: (605) 7677 002 MAJLIS DAERAH PENGKALAN HULU 33100 Pengkalan Hulu Tel: (604) 4778 224 Fax: (604) 4778 458 MAJLIS DAERAH PERAK TENGAH Ground Floor Kompleks Pentadbiran Daerah Perak Tengah 32600 Seri Iskandar Tel: (605) 3712 088 Fax: (605) 3762 089 E-Mail: [email protected] MAJLIS DAERAH SELAMA 34100 Selama Tel: (605) 8394 201 Fax: (605) 8394 377 MAJLIS DAERAH TAPAH Jalan Station 35000 Tapah Tel: (605) 4011 326 Fax: (605) 4012 288 MAJLIS DAERAH TANJUNG MALIM P.O. Box 59 35900 Tanjung Malim Tel: (605) 4490 100 Fax: (605) 4490 102 MAJLIS PERBANDARAN MANJUNG Pejabat Majlis Perbandaran Manjung Jalan Pinang Raja 32040 Seri Manjung Tel: (605) 6871 363 Fax: (605) 6882 102 MAJLIS PERBANDARAN TAIPING Wisma Perbandaran Jalan Taming Sari 34000 Taiping Tel: (605) 8080 777 Fax: (605) 8068 957 PERLIS MAJLIS PERBANDARAN KANGAR No 192, Jalan Kangar 01000 Kangar (604) 9762 188 / 9762 688 Tel: Fax: (604) 9766 052 Address 280 PULAU PINANG MAJLIS PERBANDARAN PULAU PINANG 17th Floor, Bangunan Komtar 10000 Penang Tel: (604) 2624 400 Fax: (604) 2626 260 MAJLIS PERBANDARAN SEBERANG PERAI Jalan Datuk Hj Ahmad Said 12000 Butterworth Tel: (604) 3105 500 (604) 3324 913 (Perlesenan & Perjawatan) Fax: (604) 3322 140 / 339 SABAH DEWAN BANDARAYA KOTA KINABALU No. 1, Jalan Bandaran 88675 Kota Kinabalu Tel: (088) 254 063 Fax: (088) 219 175 / 233 815 MAJLIS DAERAH KOTA BELUD P.O. Box 8 89157 Kota Belud Tel: (088) 976 529 Fax: (088) 976 529 MAJLIS DAERAH PENAMPANG P.O. Box 80 89507 Penampang Tel: (088) 711 712 Fax: (088) 712 588 MAJLIS PERBANDARAN SANDAKAN P.O. Box 221 90007 Sandakan Tel: (089) 273 753 Fax: (089) 272 112 / 222 964 MAJLIS DAERAH KOTA MARUDU P.O. Box 129 89100 Kota Marudu Tel: (088) 661 323 Fax: (088) 661 163 MAJLIS DAERAH RANAU P.O. Box 57 89308 Ranau Tel: (088) 876 411 Fax: (088) 875 542 MAJLIS PERBANDARAN TAWAU P.O. Box 412 91007 Tawau Tel: (089) 772 868 Fax: (089) 762 267 MAJLIS DAERAH KUALA PENYU P.O. Box 120 89740 Kuala Penyu Tel: (087) 884 248 Fax: (087) 884 709 MAJLIS DAERAH SEMPORNA P.O. Box 134 91308 Semporna Tel: (089) 785 350 Fax: (089) 785 484 MAJLIS DAERAH BEAUFORT P.O. Box 181 89808 Beaufort Tel: (087) 211 550 Fax: (087) 211 539 / 211 519 MAJLIS DAERAH KUNAK P.O. Box 15 91207 Kunak Tel: (089) 851 205 Fax: (089) 851 398 MAJLIS DAERAH SIPITANG P.O. Box 28 89857 Sipitang Tel: (087) 821 701 Fax: (087) 821 284 MAJLIS DAERAH BELURAN P.O. Box 20 90107 Beluran Tel: (089) 511 255 Fax: (089) 511 272 MAJLIS DAERAH LAHAD DATU P.O. Box 60249 91112 Lahad Datu Tel: (089) 881 621 Fax: (089) 881 832 MAJLIS DAERAH TAMBUNAN 89650 Tambunan Tel: (087) 770 126 / 770 127 Fax: (087) 774 441 MAJLIS DAERAH KENINGAU P.O. Box 181 89008 Keningau Tel: (087) 341 146 Fax: (087) 339 986 MAJLIS DAERAH NABAWAN P.O. Box 27 89957 Nabawan Pensiangan Tel: (087) 366 194 Fax: (087) 366 212 MAJLIS DAERAH KINABATANGAN W.D.T. No. 8 90200 Kinabatangan Tel: (089) 560 101 Fax: (089) 560 100 MAJLIS DAERAH PAPAR P.O. Box 177 89608 Papar (088) 912 318 / 911 094 Tel: Fax: (088) 913 608 MAJLIS DAERAH TENOM P.O. Box 114 89907 Tenom Tel: (087) 735 553 Fax: (087) 735 553 MAJLIS DAERAH TUARAN P.O. Box 580 89208 Tuaran Tel: (088) 788 303 / 550 (088) 787 573 Fax: LEMBAGA BANDARAN KUDAT P.O. Box 201 89058 Kudat Tel: (088) 611 266 Fax: (088) 613 002 281 Address SARAWAK DEWAN BANDARAYA KUCHING UTARA Bukit Siol, Jalan Semariang Petra Jaya 93050 Kuching Tel: (082) 446 688 Fax: (082) 446 414 E-Mail: [email protected] MAJLIS BANDARAYA KUCHING SELATAN Jalan Padungan 93675 Kuching Tel: (082) 242 311 Fax: (082) 417 372 MAJLIS PERBANDARAN MIRI Jalan Raja 98000 Miri Tel: (085) 433 439 / 502 Fax: (085) 415 486 MAJLIS PERBANDARAN PADAWAN Kota Padawan, Pasar Batu 10 Jalan Penrissen 93250 Kuching Tel: (082) 615 566 Fax: (082) 611 832 / 612 888 MAJLIS PERBANDARAN SIBU No 1, Jalan Sukan P.O. Box 557 96000 Sibu Tel: (084) 333 411 Fax: (084) 320 240 / 336 922 E-Mail: [email protected] MAJLIS DAERAH BAU 94000 Bau Tel: (082) 763 128 Fax: (082) 763 545 MAJLIS DAERAH BETONG Bangunan Kubu Rentap 95700 Betong Tel: (083) 472 124 / 948 Fax: (083) 472 192 MAJLIS DAERAH DALAT & MUKAH Jalan Kubu P.O. Box 68 96400 Mukah Tel: (084) 871 622 / 3 (084) 871 041 Fax: MAJLIS DAERAH KANOWIT Jalan Kubu P.O. Box 1 96707 Kanowit Tel: (084) 752 093 Fax: (084) 752 695 MAJLIS DAERAH KAPIT P.O. Box 57 96800 Kapit Tel: (084) 796 266 Fax: (084) 796 323 MAJLIS DAERAH LAWAS P.O. Box 80 89950 Lawas Tel: (085) 284 001 Fax: (085) 285 485 / 284 553 MAJLIS DAERAH LIMBANG P.O. Box 390 98708 Limbang Tel: (085) 211 288 Fax: (085) 212 577 MAJLIS DAERAH LUAR BANDAR SIBU Jalan Bujang Suntong Peti Surat 1318 96008 Sibu Tel: (084) 336 077 / 334 413 Fax: (084) 324 694 MAJLIS DAERAH LUBOK ANTU Jalan Penghulu Imong Anak Awan 95800 Engkilili Bahagian Sri Aman Tel: (083) 563 015 Fax: (083) 563 144 MAJLIS DAERAH LUNDU 94500 Lundu Tel: (082) 735 501 / 735 729 Fax: (082) 735 035 MAJLIS DAERAH MARADONG & JULAU Jalan Mahkamah 96507 Bintangor Tel: (084) 693 232 Fax: (084) 693 973 MAJLIS DAERAH MARUDI Peti Surat 374, Marudi 98058 Baram (085) 755 755 Tel: Fax: (085) 755 336 MAJLIS DAERAH MATU & DARO 96250 Matu Tel: (084) 832 233 Fax: (084) 832 343 MAJLIS DAERAH SAMARAHAN 94300 Kota Samarahan Tel: (082) 671 023 Fax: (082) 671 342 MAJLIS DAERAH SARATOK P.O. Box 73 95400 Saratok Tel: (083) 436 104 Fax: (083) 436 511 MAJLIS DAERAH SARIKEI Jalan Nyelong 96100 Sarikei Tel: (084) 651 201 Fax: (084) 658 623 MAJLIS DAERAH SERIAN No 1, Jalan Bunga Tanjung 94700 Serian Tel: (082) 874 154 / 155 Fax: (082) 874 799 MAJLIS DAERAH SIMUNJAN Gunung Ngen New Service Centre 94800 Simunjan Tel: (082) 803 610 / 622 Fax: (082) 803 785 MAJLIS DAERAH SRI AMAN Peti Surat 78 95000 Sri Aman Tel: (083) 322 072 Fax: (083) 320 829 MAJLIS DAERAH SUBIS 98150 Bekenu Tel: (085) 719 018 Fax: (085) 719 527 LEMBAGA KEMAJUAN BINTULU Wisma Bintulu No 1, Jalan Kidurong P.O. Box 55 97007 Bintulu Tel: (086) 332 011 (086) 332 255 Fax: Address 282 SELANGOR MAJLIS BANDARAYA SHAH ALAM Tingkat 1, Wisma MBSA Persiaran Perbandaran 40000 Shah Alam Tel: (603) 5510 5133 Fax: (603) 5510 8010 / 5512 4414 MAJLIS PERBANDARAN AMPANG JAYA Menara MPAJ Jalan Pandan Utama Pandan Indah 55100 Kuala Lumpur Tel: (603) 4296 8000 Fax: (603) 4296 8060 MAJLIS PERBANDARAN KAJANG Jalan Semenyih 43000 Kajang Tel: (603) 8737 7899 Fax: (603) 8737 7897 MAJLIS PERBANDARAN KLANG Bangunan Sultan Alam Shah Jalan Perbandaran 41675 Klang Tel: (603) 3371 6044 Fax: (603) 3372 0344 MAJLIS PERBANDARAN PETALING JAYA Jalan Yong Shook Lin 46675 Petaling Jaya Tel: (603) 7956 3544 Fax: (603) 7958 6491 / 7957 5476 MAJLIS DAERAH KUALA LANGAT Jalan Morib 42700 Banting Tel: (603) 3187 2825 / 732 Fax: (603) 3187 9304 MAJLIS PERBANDARAN SELAYANG Persiaran 3, Bandar Baru Selayang 68100 Batu Caves Tel: (603) 6120 6142 Fax: (603) 6138 8933 MAJLIS DAERAH KUALA SELANGOR 45000 Kuala Selangor Tel: (603) 3289 1439 / 2075 Fax: (603) 3289 1101 MAJLIS PERBANDARAN SUBANG JAYA Persiaran Perpaduan Jalan USJ5 47610 Subang Jaya Tel: (603) 8026 3131 Fax: (603) 5637 6585 / 5637 6570 MAJLIS DAERAH HULU SELANGOR Jalan Bukit Kerajaan 44000 Kuala Kubu Baru Hulu Selangor Tel: (603) 6064 1331 (603) 6064 3991 Fax: MAJLIS DAERAH SABAK BERNAM 45300 Sungai Besar Tel: (603) 3224 1655 Fax: (603) 3224 2766 MAJLIS DAERAH SEPANG 1st Floor, Bangunan Tun Aziz Salak Tinggi 43900 Sepang Tel: (603) 8706 1016 / 1090 Fax: (603) 8706 1971 TERENGGANU MAJLIS PERBANDARAN KUALA TERENGGANU 4 – 8 Floor, Menara Permint Jalan Sultan Ismail 20200 Kuala Terengganu Tel: (609) 6261 111 Fax: (609) 6226 570 MAJLIS PERBANDARAN KEMAMAN Jalan Air Putih 24000 Chukai Tel: (609) 8597 777 Fax: (609) 8595 455 MAJLIS DAERAH BESUT 22200 Besut Tel: (609) 6956 388 / 389 Fax: (609) 6956 199 283 Address MAJLIS DAERAH DUNGUN Jalan Yahya Ahmad 23000 Dungun Tel: (609) 8481 931 Fax: (609) 8483 210 MAJLIS DAERAH HULU TERENGGANU 21700 Kuala Berang Hulu Terengganu Tel: (609) 6811 466 / 149 Fax: (609) 6811 655 MAJLIS DAERAH MARANG 21600 Marang Tel: (609) 6182 366 / 368 Fax: (609) 6181 963 / 6182 490 MAJLIS DAERAH SETIU Wisma Majlis Daerah Setiu Bandar Permaisuri 22100 Setiu Tel: (609) 6099 377 / 434 / 757 Fax: (609) 6099 367 THE FIRE AND RESCUE DEPARTMENT OFFICES JOHOR Fire and Rescue Department Jalan Larkin 80648 Johor Bahru Tel: (607) 224 3444 Fax: (607) 224 6724 Website: www.bombajh.gov.my E-mail: [email protected] KEDAH Fire and Rescue Department Jalan Tun Abdul Razak 05200 Alor Setar Kedah Tel: (604) 7344 444 Fax: (604) 7343 868 E-mail: [email protected] KELANTAN Fire and Rescue Department Jalan Long Yunus 15200 Kota Bharu Tel: (609) 7484 444 Fax: (609) 7457 308 E-mail: [email protected] MELAKA Fire and Rescue Department Kompleks Ibupejabat Fire & Rescue Jalan Tun Hamzah 75450 Bukit Katil Tel: (606) 231 8559 Fax: (606) 231 9157 Website: jabatanbombadanpenyelamat melaka.my.wiie.net NEGERI SEMBILAN Fire and Rescue Department Jalan Zaaba 70100 Seremban Tel: (606) 7624 444 Fax: (606) 7627 405 Website: www.jbpmns.gov.my E-mail: [email protected] PAHANG Fire and Rescue Department Jalan Bukit Ubi 25200 Kuantan Tel: (609) 5135 544 Fax: (609) 5142 775 E-mail: [email protected] SARAWAK Fire and Rescue Department Jalan Setia Raya, Labuan Jaya 93350 Kuching Tel: (6082) 412 994 Fax: (6082) 369 646 PERAK Fire and Rescue Department Jalan Kompleks Sukan 30648 Ipoh Tel: (605) 5474 444 Fax: (605) 5496 909 E-mail: [email protected] SELANGOR Fire and Rescue Department Persiaran Sultan, Seksyen 15 40648 Shah Alam Selangor Tel: (603) 5519 4444 Fax: (603) 5510 2324 E-mail: [email protected] PERLIS Fire and Rescue Department 5th Floor, Bangunan Persekutuan Baru Persiaran Jubli Emas 01000 Kangar Tel: (604) 9778 827 Fax: (604) 9776 069 E-mail: [email protected] TERENGGANU Fire and Rescue Department Jalan Kemajuan, Bukit Kecil 20648 Kuala Terengganu Tel: (609) 6234 444 Fax: (609) 6229 009 Website: www.bombatrg.gov.my E-mail: [email protected] PULAU PINANG Fire and Rescue Department Jalan Perusahaan 13600 Perai Penang Tel: (604) 3984 444 Fax: (604) 3971 984 E-mail: [email protected] WILAYAH PERSEKUTUAN Fire and Rescue Department Jalan Maharajalela 50648 Kuala Lumpur Tel: (603) 2148 4444 Fax: (603) 2145 1625 E-mail: [email protected] SABAH Fire and Rescue Department Jalan Sembulan Locked Bag 2045 88999 Kota Kinabalu Tel: (6088) 211 837 Fax: (6088) 223 994 E-mail: [email protected] WILAYAH PERSEKUTUAN LABUAN Fire and Rescue Department Jalan Tun Mustapha P.O. Box 289 87008 Federal Territory Labuan Tel: (6087) 481 230 Fax: (6087) 415 932 Website: www.bombalbu.gov.my E-mail: [email protected] Address 284 PHARMACY SERVICES OFFICES Head Office Director of Pharmacy Services Pharmacy Services Division Ministry of Health Malaysia Locked Bag No. 924 Post Office Jalan Sultan 46790 PETALING JAYA Tel: 03-79682200 Fax: 03-79682222 Web site: www.pharmacy.gov. my Email: [email protected] Deputy Director of Health (Pharmacy) Federal Territory Kuala Lumpur Federal Territory Health Department Jalan Cenderasari 50590 KUALA LUMPUR Tel: Deputy Director of Health (Pharmacy) Perlis State 4th Floor KWSP Building Jalan Bucket Lagi 01000 KANGAR Deputy Director of Health (Pharmacy) Kedah State Lorong Penjara Off Jalan Sultanah 05250 ALOR SETAR Deputy Director of Health (Pharmacy) 37th Floor KOMTAR 10590 PULAU PINANG Pharmacy Enforcement Unit of Penang Jalan Residensi 10990 PULAU PINANG Deputy Director of Health (Pharmacy) Perak State 3rd Avenue, Greentown 30450 1POH Deputy Director of Health (Pharmacy) Pharmacy Services Division Selangor Health Department 15th Floor, Wisma MPSA Persiaran Perbandaran 40000 SHAH ALAM 285 Address Fax: 03-26940701 samb 226/131 03-26938776 Tel: Fax: 04-9767336 04-9765033 Tel: Fax: 04-7325868 04-7307313 Tel: Fax: 04-2625533 04-2613508 Tel: Fax: 04-2289346 04-2280314 Tel: Fax: 05-2555994 05-2532734 Head Office Deputy Director of Health (Pharmacy) Negeri Sembilan State Jalan Lee Sam 70590 SEREMBAN Tel: Fax: 06-7625231 06-7646148 Deputy Director of Health (Pharmacy) Melaka State 6th Floor, Wisma Persekutuan Jalan Hang Tuah 75300 MELAKA Tel: Fax: 06-2828344 06-2839233 Deputy Director of Health (Pharmacy) Johor State No. 10-2, 10th Floor Menara Srawak Enterprise 5 Jalan Bucket Meldrum 80300 JOHOR BAHRU Tel: Fax: 07-2276800 07-2236146 Deputy Director of Health (Pharmacy) Pahang State 12th Floor, Wisma Persekutuan Jalan Gambut 25000 KUANTAN Tel: Fax: 09-5551366 09-5526692 Deputy Director of Health (Pharmacy) Terengganu State Jalan Sultan Mahmud P.O. Box 131 20710 KUALA TERENGGANU Tel: Fax: 09-6222627 09-6227486 Deputy Director of Health (Pharmacy) Kelantan State 5th Floor, Wisma Persekutuan Jalan Bayam 15590 KOTA BHARU Tel: Fax: 09-7483288 09-7431175 Pharmacy Enforcement of Kelantan Lot 125-130 Jalan Maktab 16100 PENGKALAN CHEPA Tel: Fax: 09-7730586 09-7730196 Deputy Director of Health (Pharmacy) Sabah State 1st Floor, Rumah Persekutuan Jalan Mat Salleh 88590 KOTA KINABALU Tel: Fax: 088-257258 088-223024 Address 286 Head Office Pharmacy Enforcement of Sabah 9th Floor, Block D, KWSP Building Jalan Karamunsing P.O. Box 19607 88806 KOTA KINABALU Tel: Fax: 088-231609 088-245998 Deputy Director of Health (Pharmacy) Sarawak State Jalan Tun Abang Haji Openg 93590 KUCHING Tel: Fax: 082-256586 082-257552 FREE ZONES (GAZETTED UP TO AUGUST 2000) FREE INDUSTRIAL ZONE 1. Mukim of Plentong, Johor Bahru (Pasir Gudang Johor) 2. Mukim of Pringgit, Central District of Malacca 3. Tanjung Keling, Mukim of Tanjung Keling, Central District of Malacca 4. Mukim of Pringgit and Bukit Baru, Central District of Malacca 5. Mukim of Hulu Kinta, District of Kinta, Perak 6. Telok Panglima Garang, District of Kuala Langat, Selangor 7. Mukim of Ulu Kelang, District of Gombak, Selangor 8. Mukim of Damansara, District of Klang, Selangor 9. Prai, Central District of Seberang Prai, Mukim 1, Penang 10. Bayan Lepas, South West District, Mukim 12, Penang 11. Batu Berendam, Mukim of Bachang, Central District of Malacca 12. Kinta, Mukim of Hulu Kinta, District of Kinta, Perak 13. Mukim of Sungai Karang, District of Kuantan, Pahang 14. Sama Jaya, Kuching, Sarawak 287 Address FREE COMMERCIAL ZONE 1. Mukim of Plentong, District of Johor Bahru (Pasir Gudang Johor) 2. Duty Free Area, Pengkalan Kubor (Trading) 3. Bukit Kayu Hitam, Kedah (Trading) 4. Mukim Kapar, District of Klang, Selangor 5. West Port, Pulau Indah, Mukim of Klang, District of Klang, Selangor 6. Deep Water Wharf, Section 4, City of Butterworth, District of North Seberang Perai, Penang 7. Mukim 12, District of South, East, Penang 8. Bukit Kayu Hitam Town and Mukim of Sungai Laka, District of Kubang Pasu, Kedah 9. Duty Free Area, Stulang Laut, Johror Bahru, Johor 10. Kuala Lumpur International Airport, Sepang, Selangor 11. Mukim of Tanjung Kupang, District of Johor Bahru, Johor Address 288