Changes in Myanmar Exporter and Importer Registration Procedures

On 23 May 2023, the Trade Department of the Ministry of Commerce (“MOC”) issued a new importer and exporter registration (“IMPEX”) order via Notification 35/2023, replacing the Registration (Imports and Exports) Order 42/1954 issued under the Control of Imports and Exports (Temporary) Act 1947 and the Export and Import Bulletin No. 6/2018 issued by the Department of Trade on 9 August 2018.

Under this new order, the MOC has introduced a new mechanism for those wishing to engage in importing and exporting by dividing the registration requirements into two different categories — (i) for trading purposes, which requires an IMPEX Certificate (old name) or now also referred as EIR as general term; and (ii) for non-trading purposes which requires an import and export registration (“EIR”) certificate.

Below is a summary of the major changes in the registration procedures:

Who must have an IMPEX Certificate (or EIR as new name)?

Companies and cooperatives wishing to engage in the export and import of goods must apply to the Department of Trade for an IMPEX Certificate (or EIR) (the “Certificate”). Regardless of the number of branches a Myanmar entity has, it must apply for a Certificate only for its head office. Likewise, foreign companies/overseas corporations established in Myanmar under the Myanmar Companies Law must apply for a Certificate for no more than one branch.

Who must have an EIR Certificate?

Previously, government entities were exempt from the requirement to apply for the certificate to export and import goods. Now, the following entities and individuals wishing to engage in the export and import of goods for non-trading purposes must apply to the Department of Trade for an EIR Certificate:

• Government departments and organizations 
• State-owned entities 
• Associations registered with the relevant departments 
• Individuals from religious organizations and diplomats 

How to apply for the Certificate

The order introduces a new application procedure. The application will be done online through the MOC’s Myanmar Tradenet 2.0 system. The prescribed application fees are paid through the online system as well. Upon receipt of the application, the MOC official will arrange for an on-site inspection and if all is found satisfactory, approval will be granted within 15 working days after the application review and inspection.

Renewal of the Certificate

Entities must now renew their Certificate six months before its expiration. Previously, three months was sufficient.

Cancelation of the Certificate

If no application is made for renewal within one year after the Certificate has expired, the Certificate will be canceled. 

Penalty

If the director of one company (Company A) is also a director of another company (Company B) whose Certificate has been suspended or cancelled, then Company A is not eligible to apply for, renew, or amend the certificate during the penalty period.

Appeal

If the application for the Certificate has been rejected or if the Certificate has been suspended or cancelled, then the entity may file an appeal with the MOC within 30 days from the date of the MOC’s decision.

How to reapply for a Certificate?

If the Certificate has been suspended or cancelled, the entity may reapply after paying the following penalty fees:

• Fine for one offense:                            MMK 200,000     
• Fine for two offenses:                          MMK 250,000  
• Fine for three or more offenses:      MMK 300,000