Each year, the U.S. Commercial Service Malaysia produces a Country Commercial Guide (CCG). This guide presents a comprehensive look at Malaysia’s commercial environment, reviews economic and political conditions and trends, identifies commercial opportunities for U.S. exports and investment, and also the overall investment climate in Malaysia. CCGs are prepared annually at U.S. embassies for use by U.S. businesses and U.S. government organizations, and they represent the combined efforts of several U.S. Government agencies.
Below are summaries of select elements of our CCG-Malaysia. For a copy of the guide, or for further details on doing business in Malaysia, please email email@example.com.
For centuries, Malaysia has profited from its location at a crossroads of trade between the East and West, a tradition that carries into the 21st century. Geographically blessed, peninsular Malaysia stretches the length of the Strait of Malacca, one of the most economically and politically important shipping lanes in the world. Malaysia leveraged its strategic location to become one of the largest producers and exporters of tin, rubber and palm oil. Malaysia has been able to transform its economy from overdependence on raw materials and agriculture to a relatively high-tech, competitive nation. Services and manufacturing now account for nearly 75 percent of GDP (51.2 percent in services and 22.9 percent in manufacturing in 2014), while agriculture accounts for 8.9 percent, according to the World Bank.
Malaysia’s population was 31.3 million as of December 2015. According to Bank Negara Malaysia (Malaysia’s Central Bank), Malaysia’s GDP in 2015 was valued at US$296.7 billion. In 2016, Malaysia GDP growth is projected be 4.4 percent. GDP growth was 5.0 percent and 5.9 percent in 2015 and 2014, respectively. Malaysia is continuing efforts to boost domestic demand and reduce the economy's dependence on exports. Nevertheless, exports - particularly of electronics, oil and gas, palm oil and rubber - remain a significant driver of the economy. Gross exports of goods and services constitute more than 80 percent of GDP, with 15.8 percent of Malaysia’s exports going to China, its top trading partner. China’s weakened demand and falling global commodity prices have slowed Malaysia’s prospects for economic growth.
Through the Economic Transformation Program (ETP), the Malaysian government remains committed to reaching high-income status by the year 2020. This initiative includes a commitment to attract investment in “National Key Economic Areas” (NKEA)1 and a commitment to improving Malaysia’s infrastructure, especially its transportation infrastructure in East Malaysia (Sabah and Sarawak). Planned projects include the below:
o Established under the Companies Act, 1965
o Paid-up capital of at least RM25,000
o Shareholders are 100 percent Bumiputra
o Board of Directors are at least 51 percent Bumiputra
o Managerial and Professional Staff are at least 51 percent Bumiputra
o Supporting Staff are at least 51 percent Bumiputra
Malaysia's ease of trading across borders remains highly ranked in international comparisons. However, is it not a free and open market. Malaysia’s import barriers are aimed at protecting the environment and strategic sectors as well as maintaining cultural and religious norms.
Technical barriers such as halal certification for the importation of meat and poultry are regulated through licensing and sanitary controls. All imported beef, lamb, and poultry products must originate from facilities that have been approved by Malaysian authorities as halal or acceptable for consumption by Muslims.
Pork and pork products may be imported into Malaysia only if Malaysia's Department of Veterinary Services (DVS) issues a permit authorizing its importation. Each consignment of pork and pork products must be accompanied by a valid import permit issued by the Malaysian Quarantine and Inspection Services, Malaysia (MAQIS) permitting the importation of pork and pork products into Malaysia. The permits are granted on a case-by-case basis and are sometimes refused without explanation.
In 2011, Malaysia implemented a food product standard MS1500:2009 which sets out general guidelines on halal food production, preparation and storage, which many exporters consider it much stricter than the multilaterally-agreed Codex Alimentarius halal standard. This new standards require slaughter plants to maintain dedicated halal facilities and ensure segregated transportation for halal and non-halal products. Malaysia also requires audits of all establishments that seek to export meat and poultry products to Malaysia, an issue on which the United States has raised concerns.
In January 2012, the Malaysian Department of Standards implemented MS2424:2012 General Guidelines on Halal Pharmaceuticals, a voluntary certification scheme. The guidelines enabled manufacturers of pharmaceutical products to apply for halal certification and established basic requirements for manufacturing and handling.
Malaysia is not party to the WTO Government Procurement Agreement, and as a result foreign companies do not have the same opportunity as some local companies to compete for contracts, and in most cases are required to take on a local partner before their bids will be considered. In domestic tenders, preferences are provided to Bumiputra (Malay) suppliers over other domestic suppliers. In most procurement, foreign companies must take on a local partner before their tenders will be considered. Procurement also often goes through middlemen rather than being conducted directly by the government, or is negotiated rather than tendered. International tenders generally are invited only where domestic goods and services are not available.
The services sector constitutes 51.2 percent of the national economy and has been a key driver of economic and job growth in Malaysia in recent years. Since 2009, Malaysia has liberalized 45 services sub-sectors., Malaysia allows 100 percent foreign equity participation in private hospital services, medical specialist clinics, department and specialty stores, incineration services, accounting and taxation services, courier services, private universities, vocational schools, dental specialist services, skills training centers, international schools, vocational schools for special needs. The Malaysian government added an 18th sub-sector of quantity surveyors services. In November 2014, the Lower House of the Parliament passed amendments to laws governing architectural services, quantity surveying services, and engineering services, which eased restrictions on foreigners working in these professions in Malaysia. The amended legislation on architectural services came into force in June 2015. The Ministry of Works is expected to finalize its review of the amendments affecting quantity surveying and announce the beginning of implementation in early 2016.
Malaysia has an export licensing system. In some sectors, Malaysia maintains tax programs that appear to provide subsidies for exports. In other cases, the goal is to restrict exports of specific commodities. For products such as textiles, export licenses are used to ensure compliance with bilateral export restraint agreements. For other products, such as rubber, timber, palm oil, and tin exports, special permission from government agencies is required and the country taxes these exports to encourage domestic processing. Malaysia is the second largest producer and exporter of palm oil and palm oil products. Malaysia accounts for approximately 39 percent of world palm oil production and 27 percent of world trade in vegetable oils. In March 2016, Malaysia raised its tax on crude palm oil (CPO) exports to 5 percent ending a duty-free policy held since May 2015. The reintroduction of the export tax is aimed at discouraging the export of CPO and to encourage local refinery. Refined palm oil and products made from palm oil are not subject to export taxes.
For a full report on trade barriers in Malaysia, please see the U.S. Trade Representative’s (USTR) 2016 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/about-us/policy-offices/press-office/reports-and-publications/2016/2016-national-trade-estimate.
Standards are widely used in all sectors of Malaysian society, and the national standardization system uses a consensus process to develop new standards, allowing manufacturers, traders, consumers, government, and others to provide input and consideration into the development process. Malaysia adheres to the WTO's “Standard Code" on Technical Barriers to Trade. SIRIM Berhad, formerly known as the Standards and Industrial Research Institute of Malaysia, is the government-owned company providing institutional and technical infrastructure for the Government.
There are a few important national testing organizations that operate under SIRIM and define the structure and objectives of national standardization as well as ensure the functionality and quality assurance of products. For a list of conformity assessment bodies visit the Department of Standards Malaysia website (www.standardsmalaysia.gov.my) and click on “Accreditation” and then on “Directory of Accredited CBs” as well as on “Directory of Accredited Labs.”
Malaysia is part of the Asia Pacific Economic Cooperation (APEC) Mutual Recognition Arrangement (MRA). This is a multilateral arrangement between the U.S. and the economies of twenty nations, most of which are located in Southeast Asia. The purpose of the APEC MRA is to facilitate trade, promote market access, reduce or minimize non-tariff trade barriers, and arrive at a Mutual Recognition Arrangement of conformity assessment processes. All economies in the APEC Arrangement, including Malaysia, are already in the first phase (Part I), which encompasses mutual recognition of test reports. Many economies, including Malaysia, are ready for the second phase (Part II), which is an acceptance of product approvals / test reports from one another. Only four APEC economies are ready for Part III, mutual certification acceptance, and Malaysia is not one of these economies.
The Department of Standards Malaysia (DSM) was established following the establishment of SIRIM to undertake the statutory roles in national standardization formerly carried out by the Institute. It operates as the sole national accreditation body in the country. DSM provides accreditation services to certification bodies, inspection bodies, and testing and calibration laboratories. DSM is responsible for processing applications for accreditation and their submission to the Director General who, in successful cases, issues certificates of accreditation. DSM fee structure for accreditation is: (a) application fee RM5,000; (b) annual fee RM5,000; (c) Assessment fee RM1000 per man-day. An accreditation certificate is valid for three years. See the Conformity Assessment section above.
Publication of Technical Regulations
Malaysia is a member of the World Trade Organization (WTO). Under the WTO Agreement on Technical Barriers to Trade (TBT Agreement), members are required to report all proposed technical regulations that could affect trade with WTO member countries. Notify U.S. is a free, web-based e-mail subscription service that offers an opportunity to review and comment on proposed foreign technical regulations that can affect your access to international markets. Register online at: http://www.nist.gov/notifyus/
Additionally, Malaysia’s legislative body produces an official gazette (or publication of notices) entitled Government Gazette. Proposed and final technical regulations are published, but accessing the government information over the Internet requires a subscription. U.S. firms can review and comment on proposed standards and technical regulations through the SIRIM Berhad (http://www.sirim.my/) website, by clicking on “Corporate Ads” and then “Public Comment.” A list of existing standards can be found on the same site, by clicking on “Online Services” and then “MS Catalog Online.”
Malaysia has a multicultural and multiracial population consisting of Malays, Chinese, Indians, and indigenous peoples. Although Malaysia's ethnic mix is generally harmonious, the various communities remain largely separate and ethnic/religious tensions exist. With such a varied ethnic composition, there is a diversity of religions. The official religion is Islam, but it is common to see temples, mosques, and churches within the same area.
Business customs in Malaysia do not differ fundamentally from those of the U.S. Compared to some other Asian countries, the traits of frankness, openness, and punctuality are valued relatively more in business negotiations and dealings. Ongoing personal contact is very important. However, visitors should be aware of differing religious and cultural traditions for each ethnic group. For example, Malay Muslims may feel uncomfortable in business or social functions where alcohol or pork is served, and visitors should take note that items (such as business cards) should always be presented or received using the right hand.
The first thing to consider when planning business travel to Malaysia is whether or not any local holidays may occur during the trip, and whether they will disrupt the normal flow of business. If offices are not open, appointments may not be scheduled as easily. All states and territories in Malaysia observe federal holidays, and in addition each state observes its own respective local holidays, such as birthday celebrations of its Sultan and the current King. In 2014, there were 42 official federal and state holidays. The Malaysian Prime Minister’s Department announces federal and state holidays through the Cabinet. The Malaysian Employer’s Federation provides a useful set of links to 2016 holidays (http://www.mef.org.my/public/knowledgecentre_ph.aspx). The holidays observed by the U.S. Embassy are can be found on the Embassy website at https://my.usembassy.gov/holiday-calendar/
Malaysian government offices are open five days a week, Monday through Friday, in all states except Kedah, Kelantan and Terengganu. Saturdays and Sundays are considered weekends and offices are closed during these days.
The typical hours of operation for offices in Malaysia are as follows:
Putrajaya and Kuala Lumpur:
8:00am to 5:30pm
Other States: 8:00am to 5:00pm
On Fridays, the lunch break is usually from 12:15pm-2:45pm to allow the Muslims to perform their prayers.
Kedah, Kelantan, Johor and Terengganu
Working days are from Sunday through Thursdays. Fridays and Saturdays are considered weekends. The typical operating office hours in these states are:
Sundays to Wednesdays: 8:00am to 4:45pm
Thursdays: 8:00am to 4:30pm
Additionally, travelers should be aware that Friday is the holy day for Muslims, and government offices close from 12:00-2:45 on Fridays. It is usually difficult to schedule meetings on Friday afternoons, especially with government agencies.
Malaysia does not practice daylight saving time, and is UTC +08:00 (EST + 12 hours) in spring/summer and UTC +9.00 (EST + 13 hours) in the fall/winter.
Bank Operation Hours
Most banks are open five days a week. However, some banks in shopping complexes or selected branches operate 6 days a week.
All States except Terengganu, Kelantan, Johor and Kedah
Monday - Thursday: 9:15am to 4:30pm
Friday: 9:15am to 4:00pm
Terengganu, Kelantan, Johor and Kedah
Sundays - Wednesdays: 9:15am to 4:30pm
Thursdays 9:15am to 4:00pm
Fridays - Saturdays: Closed
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