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MYANMAR

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of Participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Myanmar is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

MALAYSIA

Reported in 2021, last reported in 2023

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is MYR 500 (approx. USD 110), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

MALAYSIA

N/A

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Physical presence requirement for domain name
It is reported that registering a ".my" domain requires valid proof of residence in Malaysia. Acceptable forms of proof include an employment pass, student pass, permanent residence endorsement, or social visit pass accompanied by proof of marriage to a Malaysian citizen.
Coverage Horizontal

MALAYSIA

Since December 2012
Since August 1999

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Protection (Electronic Trade Transactions) Regulations

Consumer Protection Act 1999
The Consumer Protection Act and the Consumer Protection (Electronic Trade Transactions) Regulations provide a comprehensive framework for consumer protection that also applies to online transactions. The consumer protection law imposes regulations on both online marketplace operators and any person who operates a business for the purpose of supplying goods or services through a website or in an online marketplace (suppliers). In addition, the consumer protection law for electronic trade applies to websites where goods and services are marketed by third parties for purposes of trade "online marketplaces". Although it has not been reported as a barrier to e-commerce, there are claims regarding the lack of coverage on particular e-commerce issues necessary for e-consumer protection. In addition,
Coverage E-commerce sector

MALAYSIA

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Malaysia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

MALAYSIA

Since 2006

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Malaysia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

MALAYSIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Malaysia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

MALAYSIA

Since June 2012, last amended in June 2015

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Security Offences (Special Measures) Act 2012 (Akta Kesalahan Keselamatan (Langkah-langkah Khas) 2012)
Under Section 6.3 of the Security Offences (Special Measures) Act 2012, a police officer with the rank of superintendent of police or above may intercept communications without the authorisation of the public prosecutor in urgent cases.
Coverage Horizontal

MALAYSIA

Since July 1936, last amended in March 2017

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Criminal Procedure Code (Kanun Prosedur Jenayah (Akta 593))
Section 116B of the Criminal Procedure Code provides that a police officer conducting a search under the Code must be given access to computerised data, whether stored in a computer or otherwise. For the purpose of this section, 'access' includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the computerised data. It is not clear whether a court order is needed to access the information.
Coverage Horizontal

MALAYSIA

Since May 1987, as amended in July 2012

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Copyright Act of 1987
The amendment to the Copyright Act of 2012 (Act 1420) establishes a safe harbour regime for intermediaries for copyright infringements. Under Art. 43F of the law, Internet Service Providers (ISPs) and content aggregators are granted immunity from liability for copyright infringement, provided they protect copyright owners by removing access to infringing content.
Coverage Internet intermediaries

MALAYSIA

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Malaysia's law and jurisprudence.
Coverage Internet intermediaries

MALAYSIA

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Indicator User identity requirement
Mandatory SIM card registration
It is reported that Malaysia imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector

MALAYSIA

Since September 1998, entry into force in April 1999
Since April 2000, as amended in April 2022

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Guidelines of the Malaysian Communications and Multimedia Commission (MCM)

Communications and Multimedia (Licensing) Regulations 2000 (Peraturan-peraturan komunikasi dan multimedia (pelesenan) 2000 [p.U.(a) 129/2000] )
According to the guidelines issued by the Malaysian Communications and Multimedia Commission (MCMC), Content Applications Service Providers (CASP) and Applications Service Providers (ASP) must obtain the relevant licenses to operate in Malaysia. In assessing the shareholding structure of an applicant, the MCMC considers the need to promote local small and medium-sized enterprises (SMEs) of Malaysian origin within the information and communications technology industry.
Furthermore, under Part IV of the Communications and Multimedia (Licensing) Regulations 2000, as amended in April 2022, a new licensed category was introduced for cloud service providers and data centres hosting cloud service applications under the ASP classification. Cloud service providers with a local presence are required to apply for an ASP license and are permitted to remain fully foreign-owned. However, cross-border suppliers of cloud services without a local presence do not need to register or obtain ASP licenses.
Coverage Content applications service providers and applications service providers, including cloud services

MALAYSIA

Since October 2015

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Certification Requirements for Compliance Approval on Communication, Multimedia and Hybrid Equipment
According to the Certification Requirements for Compliance Approval on Communication, Multimedia, and Hybrid Equipment, import licenses are required for hybrid ICT products. These include those devices with multiple features, including toys, medical devices, and computer products.
Coverage Hybrid ICT products

MALAYSIA

Since 2013

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Lack of self-certification
SIRIM QAS International is the sole certifying agency appointed by the Malaysian authority. Type Approval is a mandatory requirement for a communications product before it is allowed to be sold in Malaysia. Among the products that need to be certified are netbooks, tablet PC, mobile phones, security devices, smart TVs, WiFi/3G/Bluetooth modules and broadcasting equipment. Foreign applicants shall appoint a local management representative in Malaysia to be responsible for Type Approval application. As a member of the Asia Pacific Economic Cooperation Mutual Recognition Arrangement (APEC-MRA), Malaysia accepts product approvals from APEC members.
Coverage Electronic products, including netbook, tablet PC, mobile phone, security devices, smart TV, WiFi/3G/Bluetooth module and broadcasting equipment

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