Approval of Forwarding / Shipping agents to become an import or export agent in Customs matters is subject to Section 90, Customs Act 2002
How To Apply
To apply, use an application Form and submit the completed document to the State Director of Customs where it will be processed along with other supporting documents such as Business Registration Certification, a copy of Share Certificate, Form 24, Form 49 as well as letter of appointment from customers and a list of represented customers.
Applicants also have to state the address of operating branches. In case a branch is established after approval to become an agent is obtained, companies have to notify the State Director of Customs where the parent company operates and forward a copy to the State Director of Customs where the branch will operate.
For Forwarding Agent Company
At least 51 percent bumiputera participation on share capital, management and employees.
For Shipping Agent Company
At least 30 percent bumiputera participation on share capital, management and employees.
Approval as forwarding / shipping agent is given for a period of two years and is subject to the conditions stated that could be added to or changed when necessary. Some of the main conditions are:
they are not allowed to transfer ownership, change name, sell or handover to any party without Customs permission;
prepare General Bond according to the amount fixed by Customs;
be legally liable on acts of workers; and
comply with all the provisions under the Customs Act 1967 and its Regulations as well as other instructions released by the Customs.
Approval will be revoked upon impingement of provisions under the Customs Act 2002 and related regulations.
Approval to become a forwarding / shipping agent by the State Director of Customs in one state also covers company branches in other states. The branch company's approval to be an agent is also subject to terms stated in paragraph CONDITIONS APPROVAL. Nonetheless, bumiputera share capital and employees' equity is taken into consideration as a whole without focusing only on branches that will be set up.
Application to renew an approval has to be submitted 2 months before the approval's expiry. Supporting documents that need to be enclosed are EPF Statement, annual report and audited financial statement, Form 24, Form 49, list of lower-level management and employees as well as represented customers.
Approval of renewal will be given for a period of 2 years subject to the conditions stated.
As a form of security measure towards the forwarding / shipping agents working in the Customs area, Identity Passes are issued. The passes are issued to the employees of the approved forwarding / shipping agent.
Identity Pass for forwarding agents is marked yellow, while for shipping agents it is marked red. The Identity Pass' validity is for not more than 2 years in line with the agent's endorsement.
The Identity Pass will be revoked by default when the holder resigns, and it has to be surrendered to the Customs' authority for cancellation.
Further information regarding application to become a forwarding /shipping agent or renewal of approval can be gained from the Agents' Control Unit at each state. The public can also contact the nearest Customs office or address their inquiries to:
SDI Logistics Co., Ltd