Regulation

1.

Citation and commencement

2.

Interpretation

3.

Registration of contract

4.

Particulars of contract required

5.

Submission of contract

6.

Revocation

7.

Schedule

IN exercise of the powers conferred by paragraph 78(1 )(g) of the Malaysian Palm Oil Board Act 1998 [Act 582], the Minister makes the following regulations:

1. Citation and commencement

2. Interpretation

2. In these Regulations, unless the context otherwise requires -

"FOB" when used means free on board;

"contract" means a contract for sale or purchase; and includes a contract
for resale or for repurchase;

"International Contract" means a contract made or executed for export or import;

"Local Contract" means a contract made or executed, which is not for export or import;

"palm oleochemical" means the palm oleochemical as prescribed in the First Schedule;

"licensee" has the same meaning assigned to that expression in the Malaysian Palm Oil Board (Licensing) Regulations 2005 [P.U.(A) 505 /2005].

3. Registration of contract

(1) Every licensee shall register every contract of oil palm products other than a contract of palm oleochemicals entered into by him, with the Board by means of telex, facsimile, electronic mail or telephone before 3.00 p.m. on the working day following which day such contract is made or executed, whichever is the earlier, and before 11.00 a.m. if that working day falls on a Thursday for states which have Friday as the weekend holiday or Saturday for states which have Sunday as the weekend holiday.

(2) Where a contract which has been registered under subregulation (1) has subsequently been cancelled or altered in any manner, that fact shall be reported to the Board in the same manner as in subregulation (1) before 3.00 p.m. on the working day following which day such contract is cancelled or altered, and before 11.00 a.m. if that working day falls on a Thursday for states which have Friday as the weekend holiday or Saturday for states which have Sunday as the weekend holiday.

(3) If the contract is registered under subregulations (1) by means of telephone, such contract shall be confirmed to the Board in writing within twenty- four hours after the registration is made.

(4) Every licensee shall register every International Contract for export of palm oleochemicals entered into by him for such contract made or executed in a month with the Board by means of telex, facsimile or electronic mail before 3.00 p.m. not later than the seventh day of the following month.

(5) Where a contract which has been registered under subregulation (4) has subsequently been cancelled or altered in any manner, that fact shall be reported to the Board in the same manner as in subregulation (4) before 3.00 p.m. on the working day following which day such contract is cancelled or altered, and before 11.00 a.m. if that working day falls on a Thursday for states which have Friday as the weekend holiday or Saturday for states which have Sunday as the weekend holiday.

(6) Any person who fails to comply with this regulation commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

4. Particulars of contract required

(1) The particulars of every contract of oil palm products other than a contract of palm oleochemicals, which are required to be registered with the Board under subregulations 3 (1), shall be in the form as prescribed in the Second Schedule.

(2) For every Local Contract of oil palm products other than a Local Contract of palm oleochemicals, the contract price shall be reported to the Board . in Ringgit Malaysia per metric ton.

(3) For every International Contract of oil palm products other than an International Contract of palm oleochemicals -
(a) the contract price, as specified in the contract; and

(b) the equivalent "FOB" price in United States Dollars,

per metric ton, shall be reported to the Board.

(4) The particulars of every International Contract for export of palm oleochemicals which are required to be registered with the Board under subregulations 3 (4 ), shall be in the form as prescribed in the Third Schedule.

(5) Any person who fails to comply with subregulations (2) and (3) commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both .

5.Submission of contract
(1) Every licensee shall submit to the Board a copy of every contract registered under subregulation 3 (1) not later than twenty-one days after the date of the registration of the contract.
(2) Every licensee shall submit to the Board a copy of the contract registered under subregulation 3 (4) not later than fourteen days after the date of the registration of the contract.

(3) Any person who fails to comply with subregulations (1) and (2) commits an offence and shall be liable on conviction to a fine not exceeding one .hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

6.Revocation

The Palm Oil Industry (Registration Of Contracts) Regulations 1985 [P.U.(A)87/1985] is revoked.

Schedule

FIRST SCHEDULE
(Regulation 2)

PALM OLEOCHEMICALS

SECOND SCHEDULE
(Subregulatlon 4 (1 )

MALAYSIAN PALM OIL BOARD ACT 1998
MALAYSIAN PALM OIL BOARD (REGISTRATION OF CONTRACTS) REGULATIONS 2006
PARTICULARS OF CONTRACT OF OIL PALM PRODUCTS OTHER THAN A CONTRACT OF PALM OLEOCHEMICALS

1. Contract date:
………………………………………………………………………………………
2. Type of contract (Local/International (Export/Import)):
………………………………………………………………………………………
3. Type of oil palm product:
………………………………………………………………………………………
4. Contractual quality specifications (e.g. MPOA/MOPGC/PORAM/MEOMA/ FOSFA/STC/GCP or others (please specify)):
………………………………………………………………………………………
5. Name of seller:
………………………………………………………………………………………
6. Name of buyer:
………………………………………………………………………………………
7. Contract number:
………………………………………………………………………………………
8. Quantity (in metric ton):
………………………………………………………………………………………

9. Packing (bulk/carton/drum/etc.):
……………………………………………………………………………………….
10. Contract price (per metric ton):
(a) Local Contract in Ringgit Malaysia:
Ringgit Ma)aysia:
(b) International Contract:
(i) contract price, as specified in the contract:
……………………………………………………………………….
ii) the equivalent "FOB" price in United States Dollars:

United States
Dollars:
11. Basis of contract (delivered/ex-mill/'FOB"/"CIF"/"C&F"/etc.):
……………………………………………………………………………………….
12. Term of payment:
……………………………………………………………………………………….
13. Month and year of delivery/collection:
……………………………………………………………………………………….
14. Place of delivery/collection/Port of loading:
……………………………………………………………………………………….

15. Final port of discharge and country of final destination (for "CIF" or "C&F"):
………………………………………………………………………………………
16. Remarks (long term contract, formula pricing, inter company trading, etc.):
………………………………………………………………………………………
17. Particulars of licensee:
(a) Name of licensee:.
(b) Board licence no.:.

……………………………………….
Signature of authorized person

Name of signatory (in block letters):……………………………………………………..

Designation: ……………………………………………………………………………….
Note: .
"CIF" - Cost, Insurance and Freight
"C&F" - Cost and Freight

THIRD SCHEDULE
(Subregulation 4(4))

MALAYSIAN PALM OIL BOARD ACT 1998
MALAYSIAN PALM OIL BOARD (REGISTRATION OF CONTRACTS) REGULATIONS 2006

PARTICULARS OF CONTRACT FOR EXPORT OF PALM OLEOCHEMICALS

1. Contract date:
………………………………………………………………………………………
2. Type of palm oleochemicals:
………………………………………………………………………………………
3. Contract number:
………………………………………………………………………………………
4. Quantity (in metric ton):
………………………………………………………………………………………
5. Packing (bulk,isotank,drum,etc.)
………………………………………………………………………………………

6. Contract price ("FOB" United States Dollars per metric ton equivalent):
……………………………………………………………………………………….
7. Month and year of delivery:
……………………………………………………………………………………
8. Particulars of licensee:
(a) Name of licensee:…………………………………………………………
(b) Board licence no:…………………………………………………………….

……………………………………..
Signature of authorized person

Name of signatory (in block letters): …………………………………………………….

Designation: ……………………………………………………………………………….

Made 17 November 2005
[KPPK(S) 454(05) 16/1 Klt. 3;PN(PU²)606/IV]

DATUK PETER CHIN FAH KUI
Minister of Plantation Industries and Commodities