CHAPTER 4: WAREHOUSING VALUE CHAIN &

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CHAPTER 4: WAREHOUSING VALUECHAIN & REGULATORY MAPPINGContents: Purpose, Warehousing Services as logistics and trade facilitation support, Logistics and trade facilitationecosystem, Warehouse Supply Chain, The World Bank Doing Business: Procedures to Build a Warehouse,Warehousing business cycle, Specific environmental and security conditions and regulations under which each ofthese products must be kept, Institutional Framework for Warehousing in Malaysia, Warehouse Business Startup,Value Chain and Regulatory Mapping, Trade Associations as Intermediaries and Overview of Governmentstakeholders (Regulators) and their roles in the value chain. Key pointsThis chapter describes the legislations governing the activities in the value chain of the warehousingservices in Malaysia. It aims to establish the value chain for warehousing which helps to identify thekey business players and intermediaries and regulators that enforce existing regulations and guide theregulatory mapping and stakeholder analysis.Warehousing is part of a logistics and supply chain management. Although transportation is corecomponent of logistics, logistics cover a wide range of other areas including storage, warehousing,trucking services and equipment maintenance. Transport and logistics involve a complex chain ofactivities, spread across multiple modes of transportation and infrastructure points.The logistics industry as backbone to global supply chain is vital to competitiveness and connectivity asit stimulates trade, facilitates business efficiency and enhances growth. Warehousing and warehousemanagement are part of a logistics management system, which is itself a component in supply chainmanagement. Although viewed by some as simply a place to store finished goods, inbound functionsthat prepare items for storage and outbound functions that consolidate, pack and ship orders provideimportant economic and service benefits to both the business and its customers, there are variousvalue chains or models that have been developed .In a supply chain, warehousing function is very critical as it acts as a node in linking the material flowsbetween the supplier and customer. Warehouses have been going through various challenges such as– supply chains are becoming more integrated and shorter, globalised operation, customers are moredemanding and technology changes are occurring rapidly. Demand for specialised warehouse serviceswill increase for the foreseeable future as manufacturers intensify their focus on core competencies.Today warehousing management systems (WMS) can be standalone or part of an Enterprise ResourcePlanning (ERP) system and can include complex technology such as Radio Frequency Identification(RFID) and voice recognition. However, the basic principle of the warehouse system has remained thesame, which is to provide information to allow efficient control of the movement of materials withinthe warehouse. The complexity of a WMS implementation varies with each business.The logistics and trade facilitation ecosystem is made up of manufacturers, traders, e-businessorganisations, logistics service providers involved in the movement of goods and necessary supportservices, Customs departments (to facilitate the documentation and clearance of moving and storedgoods), and approving agencies and local authorities responsible for various processes in thefunctioning of businesses. Participants in the ecosystem adopt and follow various industry regulationsin the form of acts, laws and conventions.In general, warehousing services business cycle consists of three main activities which is i) Acquisitionof premises, ii) Operational, and iii) Closing a business.There are relevant regulations, standards (local and international), code of practices, licences and goodmanufacturing practices that the establishment must understand and comply with. This is in additionto their customer’s requirements, including product and process standards in particular if the standardsare mandatory (such as standards for dangerous goods including hazardous chemical substances anddangerous goods waste) to ensure the quality and integrity of the products stored are maintained atall times such as protecting products from contaminants, unapproved chemicals, excessivetemperature fluctuations and physical damage, hygienic condition and pose no risk to products.The purpose of value chain analysis in this report aims to review the regulatory framework and identifythose aspects which have contributed or stifled the efficiency and growth of the warehousing industry.The focus is on reducing the unnecessary regulatory burdens (RURB) imposed on the business across1

4.1the warehousing business cycle chain. The unnecessary burdens and issues will be identified by gettingthe perspectives of businesses in the warehousing industry.This chapter also presents the current legislative arrangements. The main Acts governing the activitiesin warehousing services sub-sector in Malaysia are the Customs Act 1967 and GST Act 2014. RoyalMalaysian Customs Department (JKDM) is the government agency responsible for administrating thenation's indirect tax policy.The warehousing services sub-sector is also bound by other acts at the Federal, State and LocalGovernment levels.An overview of licenses in various forms, such as registrations, notifications, approvals, licences andpermits is also highlighted here as the main characteristic of licensing as a regulatory instrument is thata prior approval from the government is required before any commencement of business or operationsof business.Trade associations and Chambers of Commerce act as intermediaries to communicate and coordinatebetween the logistics and warehousing businesses and the regulators. They provide services,information and training to enhance regulatory compliance and issue resolutions between regulatorsand the businesses. There are regular consultations to deal with issues of concern on governmentpolicies and implementation.PurposeThis chapter describes the legislations governing the activities in the value chain of thewarehousing services in Malaysia. It aims to establish the value chain for warehousing whichhelps to identify the key business players and intermediaries and regulators (and outsourcingpartners or intermediaries (if any) that enforce existing regulations and guide the regulatorymapping and stakeholder analysis.As mentioned in the Eleventh Malaysia Plan (Chapter 14), issues in the institutional andregulatory framework are related to coordination, inefficient and insufficient regulations as wellas lack of data management. The facilities provided at warehouses are not monitored. In additioninformation on the requirements, fees and categorisation differ among the local councils causingdifficulties and higher cost of doing business for investors. This includes information pertainingto location, type, space and size and utilisation rate and operators, which are important forlogistics planning and decision-making. Until today, there is still no specific act or regulation forwarehouse.4.2Warehousing Services as logistics and tradefacilitation supportAccording to the Council of Supply Chain Management Professionals (CSCMP), logisticsmanagement can be defined as, "that part of supply chain management that plans, implements,and controls the efficient, effective forward and reverse flow and storage of goods, services andrelated information between the point of origin and the point of consumption in order to meetcustomers' requirements."The supply chain is “a system of resources, organisations, people, technologies, activities andinformation involved in the act of transporting goods from producer to consumer. In the contextof globalisation it is a network of supply chains that form today’s global commerce” (Transport2

Research Support by the World Bank: Supply Chain Security Guide, 2009). Raw material andcomponent producers, product assemblers, wholesalers, retail merchants, and transportationcompanies are all members of a supply chain. Throughout the chain, logistics service providersfacilitate the movement of goods and information to end users by providing transportation,warehousing, distribution, cargo clearance and other value-added services.The Logistics and Trade Facilitation Masterplan (2015-2020) provides the strategic frameworkto resolve bottlenecks in the logistics sector and elevate Malaysia to become a regional player inthe medium term. The logistics industry as backbone to global supply chain is vital tocompetitiveness and connectivity as it stimulates trade, facilitates business efficiency andenhances growth. Figure 4.1 presents the logistics and value added services along the supplychain as indicated in the Masterplan.Figure 4.1: Logistics and Value Added Services Along Supply ChainIn a supply chain, warehousing function is very critical as it acts as a node in linking the materialflows between the supplier and customer. Warehouses have been going through variouschallenges such as – supply chains are becoming more integrated and shorter, globalisedoperation, customers are more demanding and technology changes are occurring rapidly.Demand for specialised warehouse services will increase for the foreseeable future asmanufacturers intensify their focus on core competencies.Today warehousing management systems (WMS) can be standalone or part of an EnterpriseResource Planning (ERP) system and can include complex technology such as Radio FrequencyIdentification (RFID) and voice recognition. However, the basic principle of the warehousesystem has remained the same, which is to provide information to allow efficient control of themovement of materials within the warehouse. The complexity of a WMS implementation varieswith each business.3

4.3Logistics and trade facilitation ecosystemThe logistics and trade facilitation ecosystem (Figure 4.2) is made up of manufacturers, traders,e-business organisations, logistics service providers involved in the movement of goods andnecessary support services, Customs departments (to facilitate the documentation and clearanceof moving and stored goods), and approving agencies and local authorities responsible forvarious processes in the functioning of businesses. Participants in the ecosystem adopt and followvarious industry regulations in the form of acts, laws and conventions. They also leverage ICTand infrastructure to deliver relevant business solutions and products.Figure 4.2: Logistics and TradeFacilitation EcosystemA regulatory and institutional frameworkis a system of regulations and procedures,andincludesthefunctionsofimplementing agencies (i.e., those withthe authority and means to enforceregulations and procedures). This isusually established by the government toregulate specific activities stipulated bylaw. The interaction between variousindustry participants helps to drive trade and is ultimately responsible for customer purchases. Inshort, an efficient logistics and trade facilitation ecosystem is necessary to boost trade andconsumption.4.4Warehouse Supply ChainIn a macroeconomic sense, warehousing creates time utility for raw materials, industrial goodsand finished products. It also increases the utility of goods by broadening their time availabilityto prospective customers. In essence, the primary aim for warehouses and distribution centre isto facilitate the movement of goods from suppliers to customers while meeting the customers'demand in a timely and cost-effective manner. Figure 4.3 presents a typical warehouse supplychain.4

Figure 4.3: Warehouse Supply ChainWAREHOUSE SUPPLY CHAINThe inbound warehousing process begins with the arrival of incoming transportation. Inboundlogistics refers to the transport, storage and delivery of goods coming into a business (from forall modes of transport- air, rail, sea, road) while outbound logistics refers to the same for goodsgoing out. The storage of goods has been the primary function for warehouses; to receivecustomer orders, retrieve required items, and finally prepare and ship those items. Once the goodshave been received from the manufacturer and/or shipper, they are compactly stored to maximisespace within the warehouses. While the distribution center as a facility from which wholesaleand retail orders are filled; distribution involves getting the product from the manufacturer to theultimate consumer.The warehousing and transporting of goods to the end customer does not necessarily mark theend of the supply chain process. Reverse logistics is another type of warehousing activity referring to items that are going from the end user back to the distributor or manufacturer (someas defective returns or for environmental reason). Warehouses are becoming to larger extentflow-through facilities that perform certain value adding functions or customer specific activitiesbefore products continue their movement through the supply chain.Due to increased competitiveness and challenges occurring in such areas as reverse logistics,environmental sustainability, greener operations, information technology, and overall supplychain integration are further evolving the strategies, roles, and responsibilities for warehouses.4.5The World Bank Doing Business: Procedures to Builda WarehouseAnother area of concern that may hinder the development of warehousing business in Malaysiais the number of procedures needed prior to building a warehouse. Data from the World Bank’sDoing Business project suggested that although performance improvements are evident in many5

areas of the transport and logistics value chain, red tape still remains a serious issue facingimporters and exporters in many developing countries. Reductions in documentary formalitieshave been minimal in recent years, and costs have actually increased in many countries. Manycountries have scope to further reduce delays and improve supply chain performance byrationalising red tape burdens.World Bank Doing Business records all procedures required for a business in the constructionindustry to build a warehouse along with the time and cost to complete each procedure (Figure4.4). In addition, Doing Business has introduced a new measure, the building quality controlindex, evaluating the quality of building regulations, the strength of quality control and safetymechanisms, liability and insurance regimes, and professional certification requirements.Information is collected through a questionnaire administered to experts in constructionlicensing, including architects, civil engineers, construction lawyers, construction firms, utilityservice providers and public officials who deal with building regulations, including approvals,permit issuance and inspections.Figure 4.4: Time, Cost andNumber of Procedures tocomply with formalities tobuild a warehouseDoing Business divides the process of building a warehouse into distinct procedures in thequestionnaire and solicits data for calculating the time and cost to complete each procedure(Figure 4.4). These procedures include obtaining and submitting all relevant project-specificdocuments (for example, building plans, site maps and certificates of urbanism) to the authorities;hiring external third-party supervisors, engineers or inspectors (if necessary); obtaining allnecessary clearances, licenses, permits and certificates; submitting all required notifications; andrequesting and receiving all necessary inspections (unless completed by a private, third-partyinspector). Interactions between company employees, such as development of the warehouseplans and inspections conducted by employees, are not counted as procedures. However,interactions with external parties that are required for the architect to prepare the plans anddrawings (such as obtaining topographic or geological surveys), or to have such documentsapproved or stamped by external parties, are counted as procedures. Doing Business also recordsprocedures for obtaining connections for water and sewerage. Procedures necessary to registerthe warehouse so that it can be used as collateral or transferred to another entity are also counted.Doing Business 2016 report continues to measure efficiency in construction permitting whilealso adding a measure of quality. The building quality control index assesses both quality controland safety mechanisms across 189 economies in six main areas: transparency and quality ofbuilding regulations; quality control before, during and after construction; liability and insuranceregimes; and professional certifications. To make the data comparable across economies, severalassumptions about the construction company, the warehouse project and the utility connections6

are used. The ranking of economies on the ease of dealing with construction permits isdetermined by sorting their distance to frontier scores for dealing with construction permits.These scores are the simple average of the distance to frontier scores for each of the componentindicators (Figure 4.5).Figure 4.5: Dealing with ConstructionPermits: Efficiency and Quality of BuildingRegulationTable 4.1 shows Malaysia’s performance in Dealing with Construction Permits for the last 3years (2014-2016).Table 4.1: Dealing with Construction Permits performance (2014-2016)MalaysiaDB 2016MalaysiaDB 2015MalaysiaDB 201415(81.10)1528(82.49)1339(79.55)13Best PerformerDB 2016(Spore)1(92.92)10Time (days)797410526Cost (% of warehouse value)1.41.31.30.1Building Quality Control Index (0-15)13--11.0IndicatorDealing with Construction Permits(Rank/DTF Score)Procedures (number)4.6Warehousing business cycleIn general, warehousing service business cycle consists of three main activities, namely 1)Acquisition of premises, 2) Operational, and 3) Closing /cessation of a business (Figure 4.6).However focus of this study would be on the acquisition of premises and warehouse businessstart up.7

Figure 4.6: Warehousing Services Business Cycle & Activities4.7Specific environmental and security conditions andregulations under which each of these products mustbe keptThere are relevant regulations, standards (local and international), code of practices, licencesand good manufacturing practices that the establishment must understand and comply with, inaddition to their customer’s requirements, including product and process standards in particularif the standards are mandatory (such as standards for dangerous goods including hazardouschemical substances and dangerous goods waste) to ensure the quality and integrity of theproducts stored are maintained at all times such as protecting products from contaminants,unapproved chemicals, excessive temperature fluctuations and physical damage, hygieniccondition and pose no risk to products. For eg, to maintain the original quality of pharmaceuticalproducts, every party active in the distribution chain has to comply with the applicablelegislation and regulations. Every activity in the distribution of pharmaceutical products shouldbe carried out according to the principles of GMP, good storage practice (GSP) and gooddistribution practice.For drugs and pharmaceuticals, the storing, handling, distributions, labelling and packaging,traceability and re-calling among others are governed by the Pharmaceutical Services Divisionof the Ministry of Health (MOH). The MOH also has various guidelines such as the GoodManufacturing Practices (GMP) and Good Distribution Practices that industries need to follow.Dangerous goods and radioactive materials are strictly regulated and the governingauthorities include the Department of Safety and Health (DOSH), the Atomic Energy LicensingBoard (AELB), the Fire & Rescue Department of Malaysia (BOMBA) and the Department ofEnvironment Malaysia (DOE).8

Among related regulations of the warehousing business operations are as shown in Figure 4.7.However this study has its limitations as no analysis would be done on warehousing businessoperations and its related regulations.Figure 4.7: Warehousing Business Operations4.8Institutional Framework for Warehousing in Malaysia1Figure 4.8 shows the current institutional framework of warehouse industry in Malaysia acrossthe different sectors of policy, planning, regulation and enforcement with its respectiveministries and agencies. It provides an overview of the regulatory framework, existinglegislative and institutional arrangements, and mapping of the value chain to regulations,including the stakeholders.Figure 4.8: Existing Institutional Framework for Warehousing1 EPU Logistics Trade Facilitation Masterplan,20149

4.9Warehouse Business StartupThe warehousing services value chain commences with the regulatory compliance surroundingthe acquisition of the warehouse to start the business, then to the operation of the warehouseand cessation of warehouse if the business needs to relocate or exit the industry. In warehousing,an operator must first submit an application to construct a warehouse and obtain developmentapproval from the local authority (Figure 4.9). Once building construction is complete,inspections from the relevant technical agencies are required. Upon inspection and confirmationthat the warehouse is fit for occupancy and use and complies with relevant regulations, theoperator will receive a Certificate of Completion and Compliance (CCC) from a principalsubmitting person (“PSP”) who is defined in SDBA (Street, Drainage and Building Act, 1974)as a Professional Architect, Professional Engineer or building draughtsman registered under theBoard of Architects Malaysia (BAM). The warehouse operator can then apply for a warehouselicence appropriate for its intended use from the local authority or from the CustomsDepartment. There are three types of warehouse licences, and selection of the appropriate typedepends on how the operator intends to use the warehouse. An operator can choose to operatean ordinary warehouse, a public-bonded warehouse or a private-bonded warehouse.Figure 4.9: Warehousing Business Startup Procedures24.10 Value Chain and Regulatory MappingThe purpose of value chain analysis in this report aims to review the regulatory framework andidentify those aspects which have contributed or stifled the efficiency and growth of the2 EPU Logistics Trade Facilitation Masterplan,201410

warehousing industry. This section has its limitations of the review process, as it will onlynarrow the scope to regulatory mapping on the first phase of the business cycle (startinga business). It will provide detailed analysis on the business startup of a physical premisefor warehousing activities in terms of the general regulatory requirements. However aswarehousing is complicated by the types of goods handled and stored, regulations on selectedtypes of goods handled would be highlighted (Table 4.2) as they are subjected to differenttypes of regulations e.g. pharmaceuticals, dangerous and hazardous goods, scheduledchemicals, cold chain facilities and disposal of scrap/waste; albeit no detail analysis in thisstudy.Details of the requirements in terms of Acts, Regulations, Policies for each step of the valuechain process, namely Acquisition of premise & startup; Application for warehouse licence(Ordinary, Public Bonded, Private Bonded & LMW) as well as Warehouse Operations (selectedtypes of goods handled) are listed in Table 4.2 (Note: The list of Acts, Regulations and Policiesis however not exhaustive).Table 4.2:Acts, Regulations and Policies by Approval of Agency/Ministry for3Warehouse ActivitiesValue ChainPrimaryActivity/ProcessActs, Regulations,PoliciesApprovalAgency/Ministry Street, Drainage &Building Act 1974 Companies Act 1955 Local Authority CompaniesCommission ofMalaysia (SSM)Request for utilityInspection Street, Drainage &Building Act 1974 Local AuthorityRequest for Road andDrainage Inspection Street, Drainage &Building Act 1974 SewerageCertifyingAgency (IWK)Submission fordevelopment approval(Warehouse operatorscan submit applicationsfor warehouseconstruction andoperation permits toOSC 1Submission, butthe process to obtainAcquisition of development approvalpremise and takes 130 days due tothe need to satisfy thestart-upmultiple requirements ofdifferent internal andexternal agencies).3 Adapted from EPU Logistics Trade Facilitation Masterplan, 201411

ed,Bonded andLMW)- Cont’dObtain approval on firesafety (premise isequipped with anadequate number of fireextinguishers, as well asfire and safety alarmsystems). Fire Services Act1988 Fire andRescueDepartment(BOMBA)Obtain a waterclearance letter Water ServicesIndustry Act 2006 Water authority(SYABAS)Application for theCertificate of Completionand Compliance (CCC).(Potential operators ofordinary warehousesmust obtain approvalfrom the Department ofthe Environment if theywant to store hazardousgoods, and approvalfrom the Fire andRescue Department andother technical agenciesalong with a Certificateof Completion andCompliance (CCC) fromthe local authority toacknowledge that thebuilding is safe foroccupation). Street, Drainage &Building Act 1974 BuildingDepartment andBoard ofArchitects via theLocal AuthorityApplication for anOrdinary WarehouseLicence Companies Act1965; Local GovernmentAct 1976; Street, Drainage &Building Act 1974; Fire Services Act1988; Water ServicesIndustry Act 2006; SSM Local Authority IWK BOMBA SYABAS BuildingDepartmentand Board ofArchitectsApplication for a PublicBonded WarehouseLicence for a warehousethat intends to providecentral storage for thedistribution of bondedgoods(i.e., goods on whichCustoms’ duties and Customs Act 1967; Companies Act1965; Street, Drainage &Building Act 1974; Fire Services Act1988; RoyalMalaysianCustomsDepartment(JKDM) SSM Local Authority IWK12

Operation ofWarehouse(selectedtypes ofgoodshandled)Cont’dtaxes have not beenpaid) in the country andfor international trade.This type of warehousecaters to the public). Water ServicesIndustry Act 2006; BOMBA SYABAS BuildingDepartment andBoard ofArchitectsApplication for a PrivateBonded WarehouseLicence for a warehousethat intends to providecentral storage anddistribution for bondedgoods (i.e., goods onwhich Customs’ dutiesand taxes have not beenpaid) for the companyand its relatedcompanies.The operations of theLicensed ManufacturingWarehouse (LMW)(bonded warehousewhere manufacturing isundertaken to producefinished goods forexport, are subject tominimal Customsprocedures). Customs Act 1967; Companies Act1965; Street, Drainage &Building Act 1974; Fire Services Act1988; Water ServicesIndustry Act 2006 JKDM SSM Local Authority IWK BOMBA SYABAS BuildingDepartment andBoard ofArchitects Customs Act 1967 JKDMHandling & Transport ofhazardous goods andmanagement of toxic,hazardous chemicals,radioactive materialsand hazardous wastes.A facility whichgenerates, stores,transports, treats ordisposes scheduledwaste is subject to thestipulated environmentalregulations. Guidelines onStorage of HazardousChemicals: A Guidefor Safe Warehousingof PackagedHazardous Chemicals EnvironmentalQuality (ScheduledWastes) Regulations2005; EnvironmentalQuality (PrescribedConveyance)(Scheduled Wastes)Order 2005; EnvironmentalQuality (PrescribedPremises) (ScheduledWastes Treatment andDisposal Facilities)Order 1989; Department ofOccupationalSafety andHealth (DOSH) Ministry ofHumanResources(MOHR) Ministry ofNaturalResources andEnvironment(NRE) JKDM Atomic EnergyLicensing Board(AELB) Ministry ofScience,Technology and13

Operation ement,specialisedstorage, andscheduledwastemanagement EnvironmentalQuality (PrescribedPremises) (ScheduledWaste Treatment andDisposal Facilities)Regulations 1989; Customs (Prohibitionof Export/Import)Order(Amendment)(No.2)1993, and; RadioactiveSubstances ActExplosive Act &Regulations 1957; Atomic EnergyLicensing Act &Regulations 1984.Innovation(MOSTI) Department ofEnvironment(DOE)For pharmaceuticals anddrugs, the storing,handling, distributions,labelling and packaging,traceability and recalling. Storageconditions forhazardous, sensitiveand dangerous materialsand/or products and/orcosmetics such ascombustible liquids andsolids, pressurizedgases, highly toxicsubstances andradioactive materials /products.Good ManufacturingPractices andGuidelines on GoodDistribution Practice(GDP) 2013, under theDangerous Drugs Act1952 (Revised 1980),Poison Act 1952(Revised 1989),Poisons (PsychotropicSubstances)Regulations 1989 andthe Control of Drugsand CosmeticsRegulations 1984(Revised 2009). NationalPharmaceuticalControl Bureau,Ministry of HealthMalaysia (MOH)OCCUPATIONALHEALTH & SAFETY- the legislativeframework to promote,stimulate and encouragehigh standards of safetyand health at work,reduced risks to healthfrom the use, storage ortransportation ofsubstances . To meetthese aims, allpracticable precautionsmust be taken in theproper use and handling Occupational Safetyand Health Act(OSHA), 1994.supported byregulations, codes ofpractices andguidelines DOSH MOHR14

of any substance likelyto cause a risk to health.MACHINERYOPERATIONS- provides for the controlof factories with respectto matters relating to thesafety, health andwelfare of persontherein, the registrationand inspection ofmachinery and formatters connectedtherewith. DOSH carriesout inspection,certification andregistration of allmachinery prior to theirinstallation. Factories andMachinery Act 1967 DOSH MOHRINVENTORYMANAGEMENT- provides for inspectionand certification offactory machinery. Factories andMachinery(Notification,Certificate of Fitness,and Inspection)Regulations, 1970. Fire Services Act1988 Occupational Safetyand Health (Use andStandards of Exposureof ChemicalsHazardous to Health(USECHH) Regulation2000 DOSH MOHR Environment QualityAct 1974 Environment Quality(Scheduled Wasteregulations) 2005 DOE NRESPECIALISEDSTORAGE- Protection of personsand property from fireri

in warehousing services sub-sector in Malaysia are the ustoms Act 1967 and GST Act 2014. Royal Malaysian ustoms Department (JKDM) is the government agency responsible for administrating the nation's indirect tax policy. The warehousing services sub-sector is also bound by othe

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