General Principles 

1. The Ministry of Investment, Trade and Industry (MITI) is responsible for coordinating the registration and vetting of Memorandum of Understanding (MOU) / Joint Venture Agreement (JVA) that are to be witnessed by Cabinet Minister (YAB Prime Minister, YAB Deputy Prime Minister and YB Ministers) and Government Representatives (YB Deputy Ministers, Ambassadors/High Commissioners and Heads of Malaysian Mission overseas), as mandated by the Cabinet's decision on 2 July 1997.

2. The Vetting Committee for MOU/JVA consisting of representatives from MITI, Ministry of Finance (MOF), Malaysia Investment Development Authority (MIDA), Ministry of Foreign Affairs (MoFA), Malaysia External Trade Development Corporation (MATRADE) or any other relevant Ministry or Government Agency, that will assess whether the MoU/JVA is      suitable for signing or witnessing by a Government Representative.

3. Approval granted for witnessing the signing ceremony or any registration of the relevant documents with the Vetting Committee should not be construed as the Government endorsing the project.

4. The vetting process aims to ensure that investors/parties of the MOU/ JVA possess the necessary capabilities to implement it successfully. This helps prevent unfulfilled agreements and safeguards the country’s reputation.

Application Criteria

5. To apply for MOU/JVA vetting before the signing ceremony witnessed by any Government Representatives, the applicant is required to have first fulfil the following criteria:

1. The MoU/JVA must involve a Malaysian private company and a foreign company. Note that a subsidiary of any foreign company registered locally in Malaysia with the Companies Commission of Malaysia (SSM) is not regarded as a foreign entity for this vetting process. The vetting is limited to MoU/JVA related to trade and investment activities; other areas will not be considered.
2. The Malaysian private company must be registered under the Companies Act 1965.
3. The company or authorised signatory to the MoU/JVA must not be bankrupt or facing legal issues that could impact the MOU/JVA implementation, as well as Malaysia’s reputation.

 

Documents Required

6. The following documents must be submitted by the applicant, (i.e., Malaysian signatory or company to the MOU/JVA):

1. A completed Registration Form (Appendix I) for the MoU/JVA which can be downloaded from here (MITI Official Portal), signed by either the Chief Executive Officer, Managing Director, or Company Secretary;
2. A copy of Form 24 (Company Allocation of Shares) of the Malaysian company, certified by the Company Secretary;
3. A copy of Form 49 (Shareholders/Directors information) of the Malaysian company, certified by the Company Secretary;
4. A copy of the MoU/JVA in Microsoft Word format (soft copy file);
5. A copy of the Company Profile or Annual Report of the Malaysian company;
6. Additional information pertaining to the business nature of the foreign party (e.g. Company Profile, Annual Report); and /or
7. The Vetting Committee may request additional document / information related to the MOU/JVA.

 

Documents Submission

7. Completed documents must be submitted by the applicant through email to the Vetting Committee Secretariat as follows:

1. For MoU/JVA to be signed or exchanged with countries excluding ASEAN countries:

    

   Senior Director

   Bilateral Economic & Trade Relations Division (BETR)

   Ministry of Investment, Trade and Industry

   Email: allhep@miti.gov.my

2. For all MoU/JVA to be signed or exchanged with companies from ASEAN countries:

    

   Senior Director

   ASEAN Economic Integration Division (BIEA)

   Ministry of Investment, Trade and Industry

   Email: allasean@miti.gov.my

 

Processing Time

8. Applications must be submitted at least two weeks before the signing/ exchange ceremony.

9. Applications will be processed within seven working days of receiving complete documents.

 

Post-Signing Obligation

10. The company or Malaysian signatory to the MoU/JVA must submit a copy of the signed MoU/JVA to BETR/BIEA.

11. The company or Malaysia signatory is to submit a Periodic Implementation Report to MITI on a quarterly basis, using the template provided in Appendix II, for monitoring progress. Failure to fulfil post-signing obligations may result in future applications for the vetting process not being considered.

 

Note:

1. MITI is not responsible for securing a slot for the witnessing ceremony. Companies are to contact the relevant Ministry directly to arrange their participation in the ceremony.

2. The guidelines above only cover MOU/JVA or equivalent documents which signing/ exchange to be witness by a Government Representative only and do not cover signing/exchange of Letter of Intent (LOI).