Consolidated TPP Text – Malaysia’s Schedule of Commmitments for Temporary Entry for Business Persons

The following sets out Malaysia’s commitments in accordance with Article 12.4 (Grant of Temporary Entry) in respect of the temporary entry of business persons.

A. Business Visitors

Description of Category

Definition:

Business Visitors means:

Installer and Servicer means a person who is an installer or servicer of machinery or equipment, who is employed or appointed by a supplying company, where such installation or servicing by the supplying company is a condition of purchase of the said machinery or equipment, who does not perform activities which are not related to the installing or servicing activities which is the subject of the contract and who receives his or her remuneration from the supplying company.

Conditions and Limitations (including length of stay)

Temporary entry is for a period of up to 90 days.

Does not receive any remuneration from a source located within Malaysia.

Temporary entry shall not exceed a total of six months.

B. Intra-Corporate Transferees

1. Intra-Corporate Transferees will have access in all sectors and sub-sectors except for legal services, custom agents and real estate agents.

2. Malaysia may grant temporary entry and provide a work permit or work authorisation to dependants of Intra-Corporate Transferees of another Party.

Description of Category

Definition:

Intra-Corporate Transferees means a  business person who is:

1. A senior manager being a person in an enterprise within Malaysia:

Specialist or an expert being a person within the enterprise who possesses knowledge at an advanced level of continued expertise and who possesses proprietary knowledge of the enterprise. This is provided that the employee of the service supplier of the other party must have been employed for not less than two years immediately preceding the date of the application for temporary entry.

Dependants means a wife or husband, who is legally married and recognised under the Malaysian laws, or/and a child to a business person under this category.

Upon an application by a dependant and subject to Malaysian laws and regulations, relevant licensing, administrative and registration requirements, a dependant may be permitted to work.

Conditions and Limitations (including length of stay)

Temporary entry is for a period of up to two years and may be extended every two years for a total term not exceeding 10 years for senior managers and not exceeding five years for specialists or experts.

C. Contractual Service Suppliers

Description of Category

Definition:

Contractual Service Suppliers means a business person who is:

A Contractual Service Supplier:

The service contract pursuant to Contractual Service Supplier seeks to supply the services includes any one of the listed sectors or professions as listed below:

Business Services

Conditions and Limitations (including length of stay)

Temporary entry is for a period of up to 12 months or the duration of the contract, whichever is less.

D. Independent Professionals

Description of Category

Definition:

Independent Professionals means a self-employed business person who seeks to travel to Malaysia temporarily, to perform a valid service contract without the requirement of a commercial presence, who is:

The service contract pursuant to which the independent professional is eligible to supply his or her services according to the listed sectors or profession as listed below:

Business Services

Conditions and Limitations (including length of stay)

Temporary entry is for a period of up to 12 months or the duration of the contract, whichever is less.

Not more 20 per cent of lecturers employed in an educational institution who possess the necessary qualification, knowledge, credentials or experience.

Date Modified: