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ECONOMIC AND SOCIAL COMMISSION FOR ASIA AND THE PACIFIC

TRADERS’ MANUAL FOR LEAST DEVELOPED COUNTRIES

CAMBODIA

UNITED NATIONS
ECONOMIC AND SOCIAL COMMISSION FOR ASIA AND THE PACIFIC

TRADERS’ MANUAL FOR LEAST DEVELOPED COUNTRIES

CAMBODIA

UNITED NATIONS
New York, 2004
ESCAP WORKS TOWARDS REDUCING POVERTY
AND MANAGING GLOBALIZATION

ST/ESCAP/2320

The designations employed and the presentation of the material in this publication do
not imply the expression of any opinion whatsoever on the part of the Secretariat of the
United Nations concerning the legal status of any country, territory, city or area, or of its
authorities, or concerning the delimitation of its frontiers or boundaries.

Mention of firm names and commercial products does not imply the endorsement of
the United Nations.

This publication has been issued without formal editing.

i
PREFACE

In today’s world, characterized by increasing economic integration and globalization,


transparency and access to trade rules and procedures is becoming more important,
particularly for the small and medium-sized enterprises in the least developed countries.

It is important that information on Asian and Pacific least developed countries,


concerning their market potential, trade regimes, import procedures and other trade-related
issues, be available. The Economic and Social Commission for Asia and the Pacific
(ESCAP), has been addressing this need on a priority basis and disseminating information
through its trade information service network, TISNET, and in publications and handbooks
for the past two decades.

The ESCAP series of traders’ manuals for Asian and Pacific countries has been
acknowledged as a very useful source of information. In this context, ESCAP has
concentrated its efforts on publishing and updating the traders’ manual for the least
developed countries of the ESCAP region.

In order to reach a greater audience through the Internet, this publication will be
available only in electronic version. This will allow more freedom for regular updates in due
course.

This first online edition provides updated information on the business and investment
climate in Cambodia.

The ESCAP secretariat has received information and support from various agencies
in Cambodia for which it is very grateful. The secretariat wishes to acknowledge, with
appreciation, the cooperation received from the General Department of Trade, Foreign Trade
Department, Bureau of Coordination and International Organizations, ASEAN and
International Organizations Department and the Export Promotion Department at the
Ministry of Commerce; the Cambodia Investment Board at the Council for Development of
Cambodia; the Industrial Affairs Department at the Ministry of Industry, Mines and Energy;
the National Bank of Cambodia; the Customs and Excise Department at the Ministry of
Economy and Finance; the Ministry of Tourism; the Cambodia Chamber of Commerce; the
Cambodia Development Resource Institute and the ACLEDA Bank.

We hope that this edition will be useful to both exporters and importers of Cambodian
merchandise, as well as to investors.

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iii
CONTENTS
Page

PREFACE ……………………………………………………………………………… ii

ABBREVIATIONS ……………………………………………………………………. v

Part One
GLOBAL COUNTRY PRESENTATION ………….……… 1
Chapter

I. BASIC COUNTRY DATA ……………………………………………………. 1


II. MACROECONOMIC CLIMATE …………………………………………… 6

Part Two
SELLING TO CAMBODIA ………………………… 11

I.IMPORT POLICY, REGULATIONS AND PROCEDURES ……………… 11


II.TARIFF SCHEDULE - CUSTOMS …………………………………………. 14
III.FOREIGN EXCHANGE REGIME ………………………………………….. 16
IV. DOCUMENTS ………………………………………………………………… 18
V. MARKETING AND DISTRIBUTION ……………………………………… 18
VI. GOVERNMENT PROCUREMENT AND STATE TRADING
ORGANIZATIONS …………………………………………………………… 20
VII. PRINCIPAL IMPORT ITEMS ………………………………………………. 22

Part Three
BUYING FROM CAMBODIA ……………………….. 24

I. EXPORT POLICY, REGULATIONS AND PROCEDURES ……………… 24


II. EXPORT CHARGES …………………………………………………………. 27
III. SETTLEMENT OF BILLS, LETTERS OF CREDIT ……………………… 28
IV. DOCUMENTS, INCLUDING INSURANCE ……………………………….. 28
V. STATE MONOPOLY IN EXPORTS ………………………………………... 28
VI. PRINCIPAL EXPORTS ………………………………….…………………... 29

Part Four
INVESTING IN CAMBODIA ……………………… 31

I. FOREIGN INVESTMENT POLICY AND REGULATIONS ……………... 31


II. INVESTMENT PROCEDURES ……………………………………………... 32
III. INVESTMENT INCENTIVES ……………………………………………….. 34
IV. TAXATION ……………………………………………………………………. 38
V. FOREIGN EXCHANGE ……………………………………………………… 40
VI. LABOUR ISSUES …………………………………………………………….. 41
VII. DISPUTE SETTLEMENT …………………………………………………… 42
VIII. CAPITAL MARKET …………………………………………………………. 43
IX. PROTECTION OF PROPERTY RIGHTS …………………………………. 43

Part Five
TIPS FOR VISITORS TO CAMBODIA ………………… 45
ANNEX
Integrated Internet links listed in this document ………………………………………… 47

iv
ABBREVIATIONS

ADB Asian Development Bank


AFTA ASEAN free trade area
AH Asian Highway
ASEAN Association of Southeast Asian Nations
BCC business cooperation contract
BOT build-operate-transfer
CAMCONTROL Cambodia Import-Export Inspection and Fraud Repression Department
CCCI Cambodia Chamber of Commerce and Industry
CDC Council for the Development of Cambodia
CEPT common effective preferential tariff
CIB Cambodia Investment Board
c.i.f. cost, insurance and freight
DFDL Dirksen Flipse Doran & Le (Cambodia) Co. Ltd.
EIU Economist Intelligence Unit
ELVIS electronic visas information system
EU European Union
FDI foreign direct investment
f.o.b. free on board
GDP gross domestic product
GTC Green Trade Company
GSP generalized system of preferences
ICSID International Centre for Settlement of Investment Disputes
KAFIMEX Kampuchea Fish Import and Export Company
LDC least developed country
MAFF Ministry of Agriculture, Forestry and Fisheries
MIME Ministry of Industry, Mines and Energy
MFN most-favoured nation
MOC Ministry of Commerce
NBC National Bank of Cambodia
OTEXA Office of Textiles and Apparel
QIP qualified investment project
RNK National Radio of Cambodia
SARS severe acute respiratory syndrome
SAPTA SAARC Preferential Trading Arrangement
SGS Société Générale de Surveillance
SMEs small and medium-sized enterprises
SPZ special promotion zone
STO State trading organization
TRIPS Trade-Related Aspects of Intellectual Property Rights
TVK National Television of Cambodia
UNDP United Nations Development Programme
VAT value added tax
WHO World Health Organization
WIPO World Intellectual Property Organization
WTO World Trade Organization

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Traders’ Manual for Least Developed Countries: CAMBODIA
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Part one
GLOBAL COUNTRY PRESENTATION

I. BASIC COUNTRY DATA

Location: Between 100 57’N and 160 08’N latitudes, and between 1010 4,7’E and
1060 10’E longitudes. Altitude between 305 and 1,848 metres.
Area: 181,035 sq km
Land boundaries: Total of 2,572 km (Thailand 803 km, Lao People’s Democratic Republic
541 km and Viet Nam 1,228 km)
Population: 13.4 million (2002 ESCAP estimates)
Female: 51.4 per cent
Male: 48.6 per cent
Population density: 59.1 inhabitants per sq km
Urban population 10-15 per cent
Capital: Phnom Penh
Administrative Division: 20 provinces, 3 municipalities, 172 districts and 1,547 communes.
Time zone: Add seven hours to Greenwich Mean Time
Principal languages: Khmer (Official language)
English widely understood as well as French
Principal religions: Buddhism (95 per cent)
Information technology: 7.44 Internet users per 10,000 inhabitants
0.15 estimated PCs per 100 inhabitants
Education and literacy: Bhutan's literacy rate stands at 68.7 per cent.
Female: 58.0 per cent
Male: 81.8 per cent
Currency: Riel (CR)
Measures: Metric system
Business hours: Cambodia works five days a week from Monday to Friday. Business
hours are from 0900 to 1700 hours
Holidays: 9 January: National day
12-15 April: Cambodian new year
1 May: Labour day
9 November: Independence day
Telecommunications: In 2001, Internet host per 10,000 inhabitants: 0.46, Internet users per
10,000 inhabitants: 7.44; estimated PCs per 100 inhabitants: 0.15
Credit cards: VISA, MasterCard, American Express
Airlines: Cambodia Airways
Airports: Phnom Penh and Siem Reap have international airports
Railway network: Two lines:
Phnom Penh to Poipet: 385 km
Phnom Penh to Sihanoukville: 263 km
Road network: National roads: 4,200 km (only 12 per cent are paved)
Provincial roads: 3,600 km
Rural roads: 28,500 km.
Shipping: 435 km of coastline
Khompong Som (Sihanoukville)
Koh Kong
Exchange rate: US$ 1 = 3,900 CR

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A. Geography and climate

Cambodia is roughly rectangular in shape. The land extends approximately 580 km


east-west and 450 km at its broadest north-south. The country is bordered by Thailand in the
west, Lao People’s Democratic Republic in the north, Viet Nam in the east and by the Gulf
of Thailand in the south. The 435 km of coastline is very often filled with mangrove.

The country is divided into two dominant topographical regions. One is formed by
the Mekong River, which rises in Tibet, flows through Cambodia about 486 km and
continues to the South China Sea via southern Viet Nam. The other region is formed by the
Tonle Sap and the Bassac river systems, located in the central part of Cambodia. The Tonle
Sap is the natural flood retention basin of the Mekong River system. When the Mekong
River swells during the monsoon season, the floodwater reverse the flow of the Tonle Sap
River and increase the size of the lake from about 2,600 km2 to 10,000 km2. After the
monsoon, the flow reverses and water flows out of the engorged lake. The Tonle Sap River
is the unique river with return in the world.

The Tonle Sap and Mekong Basin areas consist mainly of plains with an elevation of
less than 100 meters. The Cardamon Mountains in the southwest have the highest point,
Phnom Aoral (1,813 m), are oriented northwest-southeast. The Dangrek Mountains in the
north are the prolongation of the Korat plateau in Thailand. At the east part of Cambodia
near the border with Viet Nam I are the Ratanakiri plateau and the Chlong highlands.

Cambodia’s climate is dominated by the monsoons. The northeast monsoon, which is


cool and dry, blows from November to April. The southwestern monsoon brings winds,
humidity and heavy rains from May to October. January is the coldest month and April is the
warmest. An average annual temperature is around 25°C.

B. History

Since the early 9th century, the Khmer civilization was very well known through the
centralize empire based at Angkor. In 1431, Angkor was taken over by the Kingdom of
Sukothai. By the end of the 18th century, the territory of the old Angkorian Empire had been
greatly reduced. In the 19th century the kingdom came under threat of its neighbouring
countries. In 1887, Cambodia was incorporated to the French Indochina Union.

Cambodia gained its independence from the French in 1954. In 1972 the monarchy
was abolished and the Khmer Republic proclaimed. The Khmer rouge took over Phnom
Penh on 17 April 1975. In 1976, the Khmer Rouge regime renamed the country Democratic
Kampuchea and proclaimed a peasant revolutionary State. In December 1978, Viet Nam
invaded Cambodia and installed a new Government.

In the early 1990s, United Nations Security Council began to negotiate a settlement
between Viet Nam and Cambodia which paved the way for the Paris Peace Agreement of
October 1991. The United Nations Transitional Authority in Cambodia (UNTAC) was
approved by the United Nations Security Council in February 1992 and the first free
elections took place in May 1993. Since then, a new constitution was approved and several
rounds of elections have taken place.

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C. Population

The average population growth rate of Cambodia is around 2.3 per cent per year
according to the last nationwide census. In 2001, 43 per cent of the population was under the
age of 14. Women largely outnumber men, in particular in the 40’s age group, due to the
long conflict situation. Around 85-90 per cent of the population lives in rural areas. The
population is concentrated in the cultivated central plain. Meanwhile the mountainous
regions and the widespread malaria areas are less populated. Kompong Cham and
Battambang are the two main cities after Phnom Penh, capital city, which has a population
estimated of around one million. Sihanoukville is the only deepwater port.

The population is composed of about 90 per cent of Khmer ethnic origin. The two
other main ethnic groups are Vietnamese and Chinese. There is also a small Cham
population and some highland ethnic groups.

D. Languages and communication

Khmer is the country official language and is spoken by over 95 per cent of the
population. French is also spoken but mostly by older people while English is now more
commonly spoken by the young generation.

There are several Khmer language newspapers. The Cambodia Daily and the Phnom
Penh Post are the two English newspapers while Cambodge Soir is the French language
newspaper.

The National Television of Cambodia (TVK) is broadcasting daily information in


national and international languages along with some cultural programmes. The Radio
National of Kampuchea (RNK) is broadcasting daily information by radio AM, FM and SW
in national and international languages. The Radio and Television 3 is broadcasting in
Phnom Penh, Battambang, Siem Reap, Ratanakiri, Pursat and Sihanoukville. Cambodia
Television Station Channel 9 is a private sector company. Apsara Radio and TV Channel 11
are broadcasting all over the country and are also private sector companies. Bayon Radio
and Television, a private sector company, has three relay stations in Kampong Cham, Siem
Reap and Sihanoukville.

E. Economy

The UNDP’s Human Development index which integrates longevity and health,
knowledge and standard of living in its measures of development, ranked Cambodia the 130th
out of 175 countries in 2002. Cambodia is classified as least developed country (LDC).

Before the country plunged into civil wars in the 1970s, most of the labour force in
Cambodia was engaged in agriculture, the country was self-sufficient in food and produced
exportable surpluses of its main crops such as rice and corn. By mid-1990s, Cambodia re-
gained its self-sufficiency in rice production and began exporting small quantities of rice.
Thanks to massive foreign assistance, the country’s infrastructure is improving gradually. By
the end of the 1990s, the country started the garment processing industries.

Cambodia is a free market economy and acceded to WTO in September 2003.

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F. Government (political structure)

Since 1993, Cambodia is a constitutional monarchy. King Norodom Sihanouk is the


head of State and responsible for appointing the Prime Minister. The 61 members Senate is
the upper house of Parliament. Its role is to scrutinize laws passed by the National
Assembly. The National Assembly has 122 members who are elected for a five-year term.
Legislation can be passed only by an absolute majority of all members of Parliament and
constitutional changes require the support of a two-thirds majority.

Cambodia’s legal system stems from the Constitution of 1993 and is organized in the
following way.

Table 1. Hierarchy and definition of Cambodian main legal norms

Constitution Supreme Norm of the Cambodian Legal Hierarchy.


Adopted by the Constituent Assembly and promulgated by the King.

Constitutional Law Revision or Amendment of the Constitution, voted by the National


Assembly with a majority of two-thirds of all its members.

Kram Designates either the Promulgated Law or the Act of Promulgation of a


(Law) Law by the King. Signed by the King or, in his absence, by the acting
Chief of State, and countersigned by the Prime Minister and the
concerned Minister.

Kret Highest Norm that may be enacted by the Executive Power, within the
(Decree) framework of its Regulatory Power. Signed by the King or, in his
absence, by the Acting Chief of State, and generally countersigned by the
Prime Minister and the concerned Minister.

Anukret Regulation adopted by the Prime Minister and countersigned by the


(Sub-Decree) interested Minister.

Prakas Regulation adopted by a concerned Minister (or the Governor of the


(Regulation) National Bank for banking issues)

Sarachor Ministerial implementing measure


(Circular)

Source: Cambodia Council of Jurists .

G. Natural resources

Cambodia’s main natural resources are rainforests, water and minerals. The
rainforests areas used to cover around 70 per cent of the territory in the 1960s. During the
long period of wars and political instability, uncontrolled logging took place decimating the
country’s forests resources. The Mekong River and the Tonle Sap basin are the most fertile
regions and represent around 20 per cent of Cambodia’s total area. The coastline in the Gulf
of Thailand is well known for its mangrove. Mineral resources are concentrated in the
province of Battambang and contain limited quantities of zircon, sapphire and ruby.

H. Human resources

According to the labour force survey of Cambodia in 2001, the distribution of


employed persons of 10 years old and over by type of primary occupation is 67.0 per cent for
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skilled agricultural and fishery workers (occupying 67.8 per cent of the total male employed
population and 66.2 per cent of the female). In two areas of the service sector, the proportion
of employed female is higher than male. One is shop and market sales which occupies 13.8
per cent of the total female employed population and 6.2 per cent of the male. Another one is
craft and related trades, occupying 6.1 per cent of total male employed population and 9.5 per
cent of the female.

The higher education system of Cambodia is composed of five universities. Four are
located in Phnom Penh. Institute of Technology, National Institute of Management, Faculty
of Law and Economic Sciences, and the Faculty of Pedagogy. The fifth, Moyarishi Vedic
University, is located in the province.

I. Participation in regional and multilateral agreements

Cambodia is a member of the United Nations Economic and Social Commission for
Asia and the Pacific (ESCAP), the United Nations Development Programme (UNDP), the
United Nations Conference on Trade and Development (UNCTAD), the United Nations
Educational, Scientific and Cultural Organization (UNESCO), the Food and Agriculture
Organization of the United Nations (FAO), the International Fund for Agricultural
Development (IFAD), the International Telecommunication Union (ITU), the World
Intellectual Property Organization (WIPO), the World Health Organization (WHO) and the
World Tourism Organization (WTO).

Cambodia’s accession into the World Trade Organization (WTO) was approved on
11 September 2003 as the 147th member and became the first least developed country to
access WTO since its creation in 1995.

Cambodia is also a member of the Asian Development Bank (ADB), the International
Bank for Reconstruction and Development (IBRD), the International Monetary Fund (IMF),
the International Development Association (IDA), the Multilateral Insurance Guarantee
Agency (MIGA), the International Civil Aviation Organization (ICAO), the International
Standards Organization (ISO), the International Maritime Organization (IMO), the Mekong
River Commission (MRC), the World Customs Organization (WCO) and the Paris
Convention for the Protection of Industrial Property Rights.

Cambodia’s participation in sub-regional trade cooperation includes its membership


to the ASEAN and ASEAN Free Trade Area (AFTA). The country is also engaged in
bilateral trade-related agreements as listed in table 2.

Table 2. Trade agreements

Country Type of agreement Date of agreement


Brunei Darussalam Trade 19 August 2000
Canada Memorandum of Understanding (MOU) on 21 January 2003
LDC initiation
China Trade 19 July 1996
European Union Trade in textiles products 3 February 1999
India Trade 6 November 2002
Indonesia Trade 18 February 1997

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Country Type of agreement Date of agreement


Lao People’s Democratic Republic Trade 25 May 1998
Malaysia Trade 4 February 1999
Philippines Economic and trade relations MOU 17 December 1995
Republic of Korea Trade 6 November 2002
Thailand Trade, economic and technical cooperation 20 September 1996
Thailand MOU on intellectual property cooperation 5 March 1997
Thailand MOU on joint committee on trade 22 May 2000
United States of America Textiles 20 January 1999
Viet Nam Trade 24 March 1998
Viet Nam Transit 7 September 2000
Viet Nam Commercial transaction in border areas 26 November 2001

Source: Ministry of Commerce.

II. MACROECONOMIC CLIMATE

A. Gross domestic product

Since its re-emergence into the world’s economy in the late 1990s, Cambodia has
taken several steps forward to improve the country’s economy. The annual gross domestic
product (GDP) growth rate has picked up since 1998. However, GDP’s growth slipped from
6.3 per cent in 2001 to 4.5 per cent in 2002, mainly due to the impact of a regional outbreak
of the Severe Acute Respiratory Syndrome (SARS) in the tourism industry.

According to the Asian Development Bank (ADB), agriculture accounted for around
38 per cent of Cambodia’s GDP in 2001. The importance of this sector has slipped in recent
years as it accounted for 48 per cent in 1997. In 2001, the industry sector represented 19 per
cent of GDP from a previous 12 per cent in 1997. The industry sector growth has been led
mainly by the development of garment manufactures, a sector highly dependent on market
changes and access arrangements. Under WTO rules, garment quotas have to be eliminated
in 2005.

The tourism sector is currently one of the driving forces of Cambodia’s growth.
However, the sector has its own constraints as it is highly concentrated around Siem Reap
and Phnom Penh with weak linkages to the rest of the economy.

In order to tackle poverty, the Government is committed to maintain economic


stability in the coming years through economic reform. Reforms in the banking sector
started in 2000, after the adoption of the Banking and Financial Institutions Law in 1999.
Land reform remains crucial as only 10 per cent of rural households hold legal land titles.
Reform in trade has made significant progress as Cambodia prepared and gained entry to the
WTO in September 2003.

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Chart 1. Cambodia GDP structure in 1997


Total GDP at current market price: 9,513.5 Bn Riels
Public
Finance administration Others
7% 3% 4%
Transport and Agriculture
communications 48%
6%

Trade
16%

Construction
Electricity, gas Manufacturing
4% Mining
and water 12% 0%
0%
Source: Asian Development Bank, Key Indicators, May 2003.

Chart 2. Cambodia GDP structure in 2002


Total GDP at current market price: 14,705 Bn Riels
Public
Others
Finance administration
3% 6%
7% Agriculture
Transport and
35%
communications
7%

Trade
15%
Mining
Construction 0%
7% Electricity, gas Manufacturing
and water 19%
1%
Source: Asian Development Bank, Key Indicators, May 2003

B. Main economic sectors

Although the role of agriculture has been reduced over the years, it remains a major
part of Cambodia’s economy employing a great majority of the workforce in the countryside.
Thanks to its potential in fisheries and livestock, the country is seeking to boost agricultural
and food products as potential exports, along with garments. Forests are considered the most
valuable resource of the country. However, in the last 30 years forest cover has drastically
declined despite Government’s efforts to clamp down on illegal logging.

During the period from 1996 to 1999, manufacturing sector’s steady growth averaged
13.5 per cent per year, led by textile production which grew 64.3 per cent. The main force of
growth in the manufacturing sector has been textiles and garments, as well as food
processing. Garments and textiles are growing fast due to Cambodia’s access to the markets
of the European Union (EU) and the United States of America through Generalized Systems
of Preference (GSP) and Most Favoured Nation (MFN) status. However, although garment

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exports made up nearly 78 per cent of exports in 2001, Cambodia’s garment sector is facing
competition with exports from China and Viet Nam.

By end of 2000, there were 25,791 companies in manufacturing, accounting for the
majority of all business enterprises in the country. About two-thirds of manufacturing
companies are in the form of small and medium-sized enterprises (SMEs), and food
processing is a major business of SMEs.

Although resourceful in minerals, Cambodia’s mining sector contributed only 0.1 per
cent to real GDP in 2001. Foreign investors have expressed interests in mining of gold and
gems, however it is still at an early phase. Exploration of oil and gas has also been discussed
with foreign companies. Construction business has started to pick up again since stability
was re-gained after 1998. In 2001, the construction sector accounted for 4.2 per cent of
GDP. The increase in tourism has contributed directly to the growth of the construction
sector, as it has meant building hotels and importing construction materials.

Since Cambodia re-emerged in the 1990s, tourism started to recover again at a growth
rate of 30 per cent per year, becoming one of the main sources of foreign currency. In 2001,
it was estimated that tourism contributed nearly to 7 per cent of GDP in foreign currency.
The policy of “open air” - which allows foreign airlines to fly directly to the Angkor Wat
temple complex and less restricted regulations on tour operators - has encouraged the
development of tourism. However, the sector has been seriously affected Lately by the
global concerns about SARS and the war of terrorism, especially after the bombing of Bali in
October 2002. The Government is seeking ways to increase the inflow of tourists with recent
proposals to allow the use of the Chinese currency in Cambodia in order to attract more
visitors from China.

Foreign investment in tourism sector is also being sought, especially in three areas.
the Angkor Wat complex in Siem Reap, the beach town of Sihanoukville and the eco-tourism
in Ratanakiri province.

C. International trade

Cambodia had established trade with foreign countries since the 1960s, mainly
exporting agricultural products such as rice, rubber and corn. Trading activities came to an
end during the Khmer Rouge regime in the 1970s. Free-market oriented trade regime began
in late 1980s with the abolishment of the state monopoly for foreign trade and the adoption of
foreign investment law in 1989. Since 1993, trade policies have been greatly liberalized and
Cambodia became a member of WTO in September 2003.

Cambodia became a member of the Association of Southeast Asian Nations


(ASEAN) in 1999 which requires the implementation of trade liberalization and tariff
reduction towards an integrated economy under the ASEAN Free Trade Area (AFTA).
Under this agreement, Cambodia commits to bind tariffs for intra-ASEAN trade to zero and 5
per cent by the year 2010.

Cambodia’s main export is garment, followed by logs and timbers, rubber, rice and
fish. Main destinations by order of importance are the European Union, United States of
America, Japan and ASEAN members such as Thailand, Viet Nam and Malaysia.

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Chart 3: Total foreign trade

2,000
Millions
US$ 1,500

1,000

500

0
1995 1996 1997 1998 1999 2000 2001

Exports, f.o.b. Imports, c.i.f.


Source: Based on the data from the Ministry of Commerce

D. Foreign investment

The Cambodia Investment Board (CIB)/Council for the Development of Cambodia


(CDB) is the central authority approving any foreign investment project. The current foreign
investment legislation encourages investment, both domestic and foreign, in the following
sectors. export-oriented projects, tourism, agro-industry, construction, infrastructure, energy
and mining. Since mid-1990s, garment and textile production have attracted the bulk of
foreign investment, mainly from Asia.

As of January 2002, top foreign investors in Cambodia are Malaysia; Taiwan


Province of China; United States of America; China; and Hong Kong, China. Foreign
investment is also encouraged in the area of tourism, as Cambodia’s tourism infrastructure is
relatively weak.

In order to boost investment, a Law on Industrial and Export Processing Zones has
been proposed and awaiting adoption. It is expected that the establishment of export
processing zones near the coastal and border areas will ease the transport issues for
businesses. New amendments to the Law on Investment of August 1994 were made in 2002
and are waiting for adoption and enactment.

Table 3. Investment projects approved by sector


(Fixed assets, in millions of US$)

Sector 1996 1999 2000


Agriculture 120.4 63.8 9.8
Agriculture 24.6 22.1 3.8
Agro-industry 28.6 21.6 5.9
Plantation 67.2 20.2 0.0
Industries 522.1 161.5 109.4
Garments 46.6 66.6 81.5
Textiles 8.7 57.8 4.1
Shoes 8.7 11.4 2.1
Tourism 115.0 171.8 79.8
Services 111.0 50.8 70.3
Total 842.4 447.9 269.2

Source: Cambodian Investment Board.


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E. Labour issues

Cambodia has a fairly young population. In 2001, 43 per cent of the population was
under the age of 14 which would lead to high population growth rate in the future.
According to the 1998 census, the total labour force participation rate is 55.5 per cent (56.5
per cent for male and 54.6 for female), while the total unemployment rate is 5.3 per cent (4.7
per cent for male and 5.9 for female). Almost 87 per cent of the labour force is concentrated
in rural areas, mainly working as farmers. Only 48 per cent of those over 25 years of age
have completed primary education while there is a lack of educational opportunities. All of
this has resulted in shortages of skilled labour, and has become one of the major issues for
both investors and Government.

In 1997, the new Labour Law replaced the 1992 one stipulating the rights to form
unions, to strike and to bargain collectively. This Labour Law in general meets international
standards as well as the requirements for the United States MFN and GSP status.
Employment of foreign skills is considered more liberal than in other countries in the region.

Cambodian Government encourages the official export of labour services to improve


the living conditions of people, enhance professional skills, absorb unemployed and
underemployed labour, and raise State revenue. Major labour exports have been made to
Greece (around 1,200 workers) and Malaysia (approximately 1,000 workers), mainly in the
fields of construction, manufacturing and domestic services. Unofficial labour migration has
occurred mostly to neighbouring countries, affecting a total amount estimated of 100,000
workers.

Although the country encourages labour export, one major constraint is low level of
education of the labour force. Thus, foreign workers are imported to work in Cambodia due
to shortage of local skills. Vietnamese labourers can be found in several sectors such as
trading, wood processing and construction.

References for part one: Global Country Presentation

ADB, Asian Development Outlook 2003 http://www.adb.org


ADB, Annual Report 2002, Cambodia
Cambodia Investment Guide 2002, DFDL/Mekong Law Group.
Economist Intelligence Unit, Country Profile 2003 – Cambodia
Economist Intelligence Unit, Country Report August 2003 – Cambodia
IMF Cambodia Letter of Intent, Memorandum of Economic and Financial Policies, 17
January 2003 http://www.imf.org/External/NP/LOI/2003/khm/01/index.htm
IMF Country report No. 03/59, March 2003, Cambodia: selected Issues and Statistics
Appendix
Ministry of Commerce http://www.moc.gov.kh/
Ministry of Education, Youth and Sport http://www.moeys.gov.kh/
Trade Policy and Industrial Sector Development in Cambodia, presented by H.E. Mr. Sok
Siphana, Secretary of State for Commerce at the Workshop on International Trade
and the WTO Agreements for Cambodia, Seoul, Republic of Korea, 16-22 March,
2003.
WTO Diagnostic Trade Integration Study for Cambodia, August 2002,
WT/IFSC/W/12/Add.2
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Part two
SELLING TO CAMBODIA

I. IMPORT POLICY, REGULATIONS AND PROCEDURES

A. General

The Law on Commercial Regulations and Commercial Register, 1995, and its 1999
Amendments, stipulate that trading entities including merchants and companies have to
register at least 15 days prior to the commencement of commercial operations at the
provincial or municipal commerce office, or other places as determined by the Ministry of
Commerce.1 The registration fee is about US$ 70 for both national and foreign companies.

Any trading companies of Cambodian or foreign nationalities, registered with the


Ministry of Commerce, are allowed to freely engage in import-export activities. Investment
companies can only conduct import-export business within the scope of their investment
licence.2 State trading companies still continue to operate, however, they have to compete
with other private companies in the same market.

B. Import approval

No approval is required to import goods into Cambodia, but the importer has to be
registered with the Ministry of Commerce. Only goods that are classified as prohibited or
restricted goods to import need permission from the relevant ministries. (See table 4 for
restricted items and table 5 for prohibited items). All goods imported have to be reported to
the customs office.

C. Licensing, quotas and prohibitions

In general, the limited licensing system in place is for protection of human health,
consumer interests, national security and protection of the environment. All firms properly
registered with the Ministry of Commerce are allowed to engage into import activities of all
types of goods except military equipment and narcotic drugs, for which the only legal
importer is the Government. However only licensed concessionaires, foreign or domestic,
can operate trade in forestry products.

Import licences are required for some goods from the Ministry of Commerce, but also
from relevant government agencies depending on the nature of goods as listed in table 4.3

Import licences issued by the Ministry of Health are valid for six months and
extendable upon request. Licences for agricultural inputs are valid for one year and also
extendable. Licences for pharmaceutical products and agricultural inputs are issued free-of-
charge, however, for each pharmaceutical product registered with the Ministry of Health is
subject to a one-time fee of US$200 and US$30 for each agricultural input registered at the
Ministry of Agriculture, Forestry and Fisheries.

1
http://www.moc.gov.kh/laws_regulation/part7_eco_dev/rkm95_law_commercial_reg.htm
and http://www.moc.gov.kh/laws_regulation/kram-Comm_amd.htm
2
http://www.moc.gov.kh/laws_regulation/prk-moc-trading.htm
3
http://www.camnet.com.kh/customs/
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Application for other import licences requires a fee of 15,000 Riels and is valid for
three months. Upon request, it can be extended for an additional two months. The licence
application process is usually completed within seven days.

Quantitative restrictions are applied only to pesticides imports due to safety


requirements and storage facilities.

As per WTO membership agreement, no later than 1 June 2005, Cambodia will
eliminate quantitative restrictions on imports of fertilizers, pesticides and other agricultural
inputs. Cambodia will also establish a WTO-consistent method of registration and review of
imported agricultural chemicals.

Table 4. Products subject to import licensing

Product Measure Concerned agency


Agricultural inputs (pesticides and fertilizers) Licence Ministry of Agriculture,
Forestry and Fisheries
Artificial sweeteners Licence Ministry of Health
Cultural items Licence/permit Ministry of Culture
Cultural items above US$10,000 Automatic licence Central Bank of Cambodia
Gold bars, silver, precious stones and articles thereof Licence Central Bank of Cambodia
Live animals Permit Ministry of Agriculture,
Forestry and Fisheries
Pharmaceuticals and medical materials Licence Ministry of Health
Vehicles, aircraft and parts, ships and boats, and other Licence Ministry of National
machinery for military purposes Defence
Wood products Licence/permit Ministry of Agriculture,
Forestry and Fisheries

Source: WTO Diagnostic Trade Integration Study for Cambodia, August 2002, WT/IFSC/W/12/Add.1,
page 33.

Among the products prohibited to import into Cambodia, there are, however, selected
ones that may be imported under special circumstances and require ministerial authorization
for import (see table 5).

Table 5. Products subject to import prohibition

Product Measure Concerned agency


Armaments and ammunitions Prohibited, except for military Ministry of Defence/
procurement Internal Affairs
Firecrackers Prohibited, except for special occasions Ministry of Defence/
Internal Affairs
Illicit drugs Prohibited
Live pigs and pig meat Prohibited Ministry of Agriculture
Printed materials Prohibited if deemed to have negative Ministry of Education/
impact on society Culture
Right hand drive vehicles Prohibited
Used motorcycle tyres Prohibited Ministry of Environment
Used footwear and leather bags Prohibited Ministry of Environment

Source: WTO Diagnostic Trade Integration Study for Cambodia, August 2002, WT/IFSC/W/12/Add.1,
page 33.

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D. Import requirements

For imports of agricultural inputs and pharmaceutical products, Cambodia requires a


Certificate of Good Manufacturing Practice in accordance with WHO Standard Guidelines.

Imports of live animals and animal sub-products require a health certificate and
sanitary and phytosanitary inspection. Imports of some agricultural goods including fruit and
vegetables, citrus and rose plants and seed, baled cotton and seeds, and onion seeds require a
phytosanitary certificate.

E. Packing and labelling requirements

In 2000, the Law on the Management of Quality and Safety of Products and Services
was adopted. Manufacturers and service providers are required to have product labels in
Khmer language detailing ingredients, composition, users’ guidelines, manufacturing date
and expiration date along with other requirements which guarantee the safety and health of
consumers prior to their commercialization. Also, foodstuff labelling must indicate clearly
name of goods, producer name and address, source, quantity, batch number, production and
expiration dates, ingredients and directions for use if necessary.

The Ministry of Commerce is responsible for inspecting the implementation of these


regulations and repressing frauds and violations.

F. Inspections

The Annex to the Prakas of Regulations on the Implementation of Pre-shipment


Inspection Services by the Ministry of Economy and Finance stipulates the rules and
regulations of the pre-shipment inspection.

Cambodia Import Export Inspection and Fraud Repression Department (Camcontrol)


is the agency in charge of inspections of import/export goods, quality control, execution of
regulations concerning quality, safety and trademarks of food and consumer goods except
medicines, medical equipment and cosmetic products. Areas of operation include marine-
related issues, petroleum products, agricultural products and lost adjustment services.

The Government signed a contract with the Société Générale de Surveillance (SGS),
a Swiss company, to conduct all pre-shipment of imported goods into Cambodia. Imported
goods with declared value of US$ 5,000 or more must be reported to local office of SGS.
Inspection of the shipment will be conducted by the local office which then forwards the
report and all documents to SGS Cambodia. The importer will present the SGS documents to
relevant customs office and pay due taxes upon the arrival of the goods in Cambodia.
[Sources. Cambodia Investment Guide 2002 - DFDL/Mekong Law Group.]

The current pre-shipment contract between the Cambodian Government and SGS is
applied to shipments valued at US$ 4,000 or more free on board (f.o.b.). Goods worth less
than US$ 4,000 are valued by the Cambodian Customs and Excise Department. Valuation is
based on procedures consistent with WTO requirements. Pre-shipment inspection is
exempted for the categories listed in box 1.

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Box 1. Goods exempted for pre-shipment inspection

• Precious stones and precious metals;


• Objects of art;
• Explosives and pyrotechnic products;
• Ammunition, weapons and implements of war;
• Live animals;
• Current newspapers and periodicals;
• Household and personal effects;
• Parcel post or commercial samples;
• Gifts from foreign Governments or international organizations to foundations, charities and
recognized humanitarian organizations;
• Gifts and supplies to diplomatic and consular missions and to agencies related to any United Nations
Organization imported for their own needs;
• Grants in kind;
• Goods imported for government use under government order;
• Scrap metals;
• Cigarettes; and
• Temporary admitted goods (inward processing for export)

Source: WTO Report of the Working Party on the Accession of Cambodia, 15 August
200, WT/ACC/KHM/21, paragraph 101.

Pre-shipment inspection fees can amount up to 0.80 per cent of f.o.b. value of the
goods, except for bulk petroleum products at US$ 0.30 per metric ton. Failure to comply
with the pre-shipment inspection results in a penalty of 7 per cent of the cost, insurance and
freight (c.i.f.) value.

G. Customs valuation

At present, Cambodia is in a transitional period regarding the phasing out of its


minimum customs value. The Draft Customs Law was approved by the Council of Ministers
and shall be adopted by July 2004 by the National Assembly. Currently Cambodia is using a
reference price database as guide for appraising value declaration, except for some products
subject to minimum customs values. The Draft Customs Law stipulates that the customs
valuation of imported goods is based on the transaction value which is the price paid for
goods when sold for export to Cambodia.

II. TARIFF SCHEDULE - CUSTOMS

A. General

The Law on Import and Export Duties, 1989, provides the legal basis for the
implementation of customs tariffs. The Cambodian Customs and Excise Department is
responsible for the imposition and surveillance of import tariff schedules.

Contact point. Cambodian Customs and Excise Department


6 Norodom Boulevard
Phnom Penh
Cambodia
E-mail: customs@camnet.com.kh
URL: http.//www.camnet.com.kh/customs/
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B. Classification

Cambodia is a member of the World Customs Organization and applies the eight-digit
tariff nomenclature based on the harmonised system (HS). The seventh and eighth digits are
harmonised to ASEAN practice.

C. Customs duties

There are five major duty rates for imported goods, excluding vehicles, which enjoy
special rates as follows.
• 0 per cent for goods that government policy provides not to collect duties;
• 7 per cent for primary products and raw materials;
• 15 per cent for machinery and equipment;
• 35 per cent for finished products and government protected goods;
• 50 per cent for luxurious goods.

Under the Cambodia-US Agreement related to trade in cotton, wool, man-made fibre,
non-vegetable fibre and silk blend textile and textile products, Cambodia offers preferential
tariff rates to imports textile and apparel products of United States-origin.

D. ASEAN Free Trade Area (AFTA)

In 1999, Cambodia joined AFTA that promotes intraregional trade among ASEAN
members.4 The backbone of AFTA is tariff reduction through the mechanism of the common
effective preferential tariff (CEPT). Under CEPT, tariffs on goods traded within the ASEAN
region, which meet a 40 per cent ASEAN content requirement, will be reduced to 0-5 per
cent by the year 2010 for Cambodia. By 2010-2015, the ASEAN countries have agreed to
enact zero tariff rates on virtually all imports from the four newer ASEAN members,
including Cambodia.

Under CEPT, goods are classified in four categories:


1. Inclusion List (IL): goods that will have zero or 5 per cent tariff rate by the deadline
for each country.
2. Exclusion List (EL): sensitive goods that are temporarily excluded from the Inclusion
List, and will be subject to zero or 5 per cent tariff rates within the following seven
years. For Cambodia, 2007 is the deadline to transfer the items under the Exclusion
List into the Inclusion List.
3. Sensitive List (SL): goods that are given a longer time frame to transfer to the
Inclusion List (2017 for Cambodia), including unprocessed agricultural products.
4. General Exceptions List (GEL): goods that are not subject to tariff reduction or
elimination for reasons of national security, human, animal and plant life and health,
including articles of artistic, historic and archaeological values.

The Inclusion List of Cambodia consists of 3,114 tariff lines (around 46 per cent of
total tariff lines). In 2000, the first year of implementation, about 945 tariff lines with tariff
rates of 50, 35 and 15 per cent had preferential rates (or CEPT rates) of 35, 20, 10 and 7 per

4
ASEAN member countries are: Brunei Darussalam, Cambodia, Indonesia, Lao People’s Democratic
Republic, Malaysia, Myanmar, Philippines, Singapore, Thailand and Viet Nam.

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cent, respectively. Import duties on products in the Inclusion Lists of Cambodia shall be
eliminated not later than 1 January 2015. Flexibility, however, will be allowed for import
duties on some sensitive products which will be eliminated not later than 1 January 2018.
The full 2002 CEPT package for Cambodia is available at:
http.//www.aseansec.org/2002_cept_bycountry.htm

E. Taxes and surcharges

The Cambodia Import-Export Inspection and Fraud Repression Department


(CAMCONTROL) collects a fee of 0.1 per cent on the value of all imported goods. There
are no charges other than regular customs duties, except in the case of petrol and diesel,
where Cambodia imposes a charge of US$ 0.02 per litre for petrol, and US$ 0.04 for diesel.

Value added tax (VAT) is applied on imports from all sources on c.i.f. value
including customs duties and excise taxes whenever applicable. A fee of 15,000 Riels
(approximately US$ 4) is charged per import declaration.

III. FOREIGN EXCHANGE REGIME

A. General

Cambodia’s banking system was reformed in 1989 with the introduction of a two-tier
system: the central bank and commercial banks. The National Bank of Cambodia (NBC) is
the central bank in charge of formulating and implementing Cambodia’s monetary policy.
Private commercial banks have been established as limited liability companies. Foreign
banks have also been allowed to participate in the market, usually under joint venture
arrangements with the National Bank.
[Source: IMF Country Report, March 2003]

There are two exchange rates: official and market rate. The official rate is adjusted
daily by NBC to keep the spread between the two rates less than one per cent. The official
rate applies mainly to transactions made by the Government and State-owned enterprises,
whereas the market rate is frequently used in exchange transactions.

B. Currency convertibility

The foreign exchange regime was liberalized using the market-based exchange rate.
The Riel, the national currency has been determined by the market since 1993, and is freely
convertible. Under the Law on Foreign Exchange, 1997, all foreign exchange transactions,
including purchases and sales of foreign currency, are permitted through authorized
intermediaries without restriction. Transactions in foreign currency worth US$ 10,000 or
more have to be declared. Importers are allowed to keep the foreign exchange proceeds from
their trading activities.

C. Foreign exchange allocation

According to the Law on Foreign Exchange, 1997, as well as the regulations issued
by the National Bank of Cambodia, foreign currencies can be freely purchased through the
banking system. The Law on Foreign Exchange specifically States that there are no
restrictions on foreign exchange operations, specifically including the purchase and sale of
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foreign exchange and transfers of all other types of international settlements. However, the
law requires that only authorized intermediaries perform these transactions. These
intermediaries, legally recognized banks in Cambodia, are required to report to the National
Bank of Cambodia any transactions in excess of US$ 10,000.

D. Money and finance measures

There are no special requirements for the settlement of trade transactions. An


importer has to open an account with a commercial bank.

E. Banking

Under the Banking and Financial Institution Law (1999), all private commercial
banks are required to obtain a licence from NBC. Currently, there are 17 banks including
one State-owned bank, three foreign bank branches, nine locally incorporated commercial
banks and four specialized banks (see box 2).

Box 2. Major commercial banks in Cambodia

Bank Ownership/status
Foreign Trade Bank State-owned
Krung Thai Bank Public Co. Ltd. Foreign branch (Thai)
Maybank Foreign branch (Malaysian)
First Commercial Bank Foreign branch (Taiwan, Province of China)
Advanced Bank of Asia Ltd. Private (Korean)
Cambodia Asia Bank Private (Malaysian)
Cambodia Commercial Bank Private (Thai)
Cambodia Mekong Bank Private (Cambodian)
Cambodia Public Bank Private (Malaysian)
Canadia Bank Ltd. Private (Cambodian/Canadian)
Singapore Banking Corp. Private (Singaporean)
Union Commercial Bank Private (Hong Kong, China)
Vattanac Bank Private (Cambodian)
Rural Development Bank Specialized (State-owned)
ACLEDA Bank Specialized (Cambodian)
Peng Heng SME Bank Specialized (Cambodian/Canadian)
Cambodia Agriculture Industrial Specialized Bank Specialized (Cambodian/Japanese)

Source: IMF Country Report, March 2003.

The Law on Banking and Financial Institutions guarantees foreign banks equal rights
and obligations to local banks. There is no restriction regarding foreign ownership of banks.
There are also a large number of micro finance institutions (around 90) in Cambodia,
providing credit and promoting savings among their members.

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IV. DOCUMENTS

A. Documents required for imports

Number of
Document Body concerned
copies
Bill of lading/Airway Bill 3 Shipping company/airline company
Certificate of origin 1 Ministry of Commerce
Commercial invoice 1 Exporter
Customs declaration form 3 Custom Department
Import licence 4 Concerned ministries
Insurance advice 1 Insurance company
Packing list 1 Exporter

Source: http.//www.camnet.com.kh/customs/ .

B. Special requirements

A Certificate of Good Manufacturing Practice is required for imports of agricultural


inputs and pharmaceutical products, while a health certificate and sanitary and phytosanitary
inspection is needed for imports of live animals and animal sub-products. Imports of some
agricultural goods including fruit and vegetables, citrus and rose plants and seed, baled
cotton and seeds and onion seeds also require a phytosanitary certificate.

V. MARKETING AND DISTRIBUTION

A. Market regulations

The metric system is commonly used in Cambodia, although some traditional weights
and measures are also used. For many products, it is mandatory to have labelling,
instructions or warnings in Khmer language.

The Ministry of Health prescribes standards, distribution and labelling requirements


for medicines.

B. Product standards

Cambodia joined the International Organization for Standardization (ISO) in January


1995 and ratified the ASEAN Framework Agreement on Mutual Recognition Arrangements.

The Standards Office in the Technical Department of the Ministry of Industry, Mines
and Energy is in charge of the overall policy development of standardization and
certification. Cambodia is expected to enact a new Law on Industrial Standards in 2004
which will provide for the establishment of a Department of Industrial Standards.

Under the current legislation, imported goods are subject to the same inspection
process as domestically-produced goods. Pharmaceutical products are required to undergo
laboratory testing in Cambodia for the conformity of the samples prior to registration.

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Sanitary and phytosanitary measures are based on the Law on the Management of
Quality and Safety of Products and Services (2000) while other sub-decrees concerning each
particular sector such as animal and animal products, plant quarantine, food hygiene are
currently being drafted.

With regard to Quality control, CAMCONTROL is the national contact point for
Codex Alimentarius. CAMCONTROL focuses its efforts on the enforcement of quality and
safety of products and services through the establishment of food standards and specification
and labelling requirements.

The Prakas on Measures Against Food Products Devoid of Appropriate Packaging


Label issued in 1999 by the Ministry of Commerce requires detailed labelling of food
products circulated in Cambodia. Importers or exporters of food products are required to
obtain a clearance from the Customs Department that will issue an expiry date certificate see
http.//www.moc.gov.kh/laws_regulation/prk335-moc_expiry_date.htm.

C. Port facilities and trading route

Cambodia can be accessed by road, by air, by waterways or by sea. The two major
waterways are the Mekong and the Tonle Sap rivers. The Mekong River is an important
route for cross-border transportation between Cambodia and Viet Nam as this river runs
through Viet Nam before reaching the South China Sea. On the Mekong River, there is also
the second main port of Cambodia. Phnom Penh. The main port is Sihanoukville which is
the only deepwater seaport of the country.

Cambodia has three main airports at Phnom Penh (Pochentong airport), Sihanoukville
and Siem Reap. International airlines fly regularly into Phnom Penh and regional airlines
into Siem Reap. There are also eight airports to serve domestic flights.

Road transport carries out around 90 per cent of the total volume of long distance
motorized surface transport in Cambodia. The national road network is divided into two
classes of roads with a total distance of 4,165 km. The national main roads are numbered
RN1 to RN7. The RN1 and RN5 are part of Asian Highway AH1, while RN 4, RN7 and part
of RN6 are part of Asian Highway AH11 (map). Asian Highway AH1 starts in Izmir
(Turkey) and ends in Tokyo (Japan), while Asian Highway AH11 starts in Vientianne (Lao
People’s Democratic Republic) and finishing in Sihanoukville (Cambodia).

In November 2003, three new border points of entry have been opened on the
Cambodian-Thai border under an agreement between the two Governments. The crossings
are at Prum (Pailin City)-Ban Pakkard, Duang-Ban Laem, and Choam Anlong Veng-Sa
Ngam.

There is also a railway system that runs from Phnom Penh to Poipet along the Thai
border and from Phnom Penh to Sihanoukville. Over the past decades, the railway system
has degraded and the Government has planned upgrading projects which are pending
international financing.

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VI. GOVERNMENT PROCUREMENT AND STATE TRADING


ORGANIZATIONS

A. Government procurement

Cambodia’s procurement policies are open and well defined under government
regulations. A new government procurement regulation was introduced in 1995 under the
Sub-decree 60. Procurement is carried out through either of the following methods.

• International competitive bidding - applied to projects above 200 million Riels for
civil work and 100 million Riels for goods, and open to all bidders through public
announcement;
• Domestic competitive bidding - applied to projects below 200 million Riels for
civil work and 100 million Riels for goods, and open to all bidders through public
announcement;
• International shopping - required to obtain a minimum of three quotations from at
least two different countries, and open public competition is not required;
• Domestic canvassing - open competition is not required, foreign bidders could
participate; or
• Direct purchase or direct contracting - open competition is not required, foreign
bidders could participate.

B. State trading organizations

There are 11 State trading organizations engaged into import and export activities of
rice, rubber, fertilizer, fishery products, pharmaceutical products and agricultural equipment.
The State trading organizations operate in full accordance with private business practices.

The Green Trade Company (GTC), established by the Government in 1998, is a


merger of three former State-owned companies. Cambodian Food Company, Material and
Equipment Company, and Agricultural Product Company. The institution is under the
technical supervision of the Ministry of Commerce and under the financial supervision of the
Ministry of Economic and Finance. However, GTC is an autonomous body in respect of
administration and finance.

The GTC manages Cambodia’s national reserve of rice through sales and purchases at
market prices. GTC receives no supports from public funds beside the initial injection of 30
billion Riels by the Government. Since July 2001, GTC has not engaged in rice export
activities and has focussed only on domestic rice trade and distribution.

The Agricultural Inputs Company was established in February 1999 and is managed
by a board of directors from the Ministry of Agriculture, Forestry and Fisheries, Ministry of
Economy and Finance, and Ministry of Commerce. The Company’s main activities are
purchases and sales of agricultural products (fertilizers, pesticides, seeds and agricultural
equipment), warehousing and managing the distribution of fertilizers and agricultural inputs
obtained from foreign donations. The Government plans to divest its share in the
Agricultural Inputs Company by 2006.

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In the rubber sector, seven State-owned rubber plantations are being considered to
become public enterprises. The Government would remain the owner of the real estates
while the boards of directors would gain full autonomy in management and operations. The
rubber import, export, transport and equipment company is under the technical management
of the Ministry of Agriculture, Forestry and Fisheries.

C. Privatization process

The first phase of privatization was carried out from 1991 to 1993 with the intention
of attracting foreign investment. The second phase started in 1995. An inter - ministerial
committee has been set up to oversee the privatization process under the leadership of the
Ministry of Economy and Finance.

As of April 2000, 177 enterprises have been privatized of which five were joint-
ventures, 20 sold off and 152 leased to private investors. Most privatized enterprises are in
the manufacturing, agriculture and commerce sectors. A total of seven rubber companies
remain State-owned until 2006 and 13 public-service enterprises will remain as State-owned
enterprises at the completion of the privatization programme.

Table 6. List of State-owned enterprises


(as of March 2003)

Ministry Name of enterprise


State-owned enterprises
Ministry of Agriculture, Forestry, and Fisheries Chup Rubber Plantation Company,
Krek Rubber Plantation Company,
Memut Rubber Plantation Company,
Chamkar Andaung Rubber Plantation Company,
Snuol Rubber Plantation Company,
Pem Chang Rubber Plantation Company,
Boeung Ket Rubber Plantation Company,
Agricultural Inputs Company
Ministry of Public Works and Transport Sihanoukville Port,
Phnom Penh Port,
Kampuchea Shipping Agency and Broker (KAMSAB),
Laboratory of Construction,
Royal Railway of Cambodia,
Neak Loeung Ferry,
Prek Kdam Ferry
Phnom Penh Municipality Phnom Penh Water Supply
Ministry of Industry, Mines and Energy Electricity of Cambodia (EDC)
Ministry of Economy and Finance Rural Development Bank
Ministry of Commerce Green Trade Company
Joint-venture enterprises (51 per cent State-participation)
Ministry of Commerce Camintel Company,
Cambodia Pharmaceutical Enterprises

Source: WTO Report of the Working Party on the Accession of Cambodia, 15 August 2003,
WT/ACC/KHM/21, page 59.

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Table 7. List of enterprises to remain in State ownership upon


completion of privatization programme

Ministry Name of enterprise


Ministry of Commerce Green Trading Company
Ministry of Industry, Mines and Energy Electricity of Cambodia (EDC)
Office of the Council of Ministers Printing House of the Office of the Council of Ministers
Ministry of Economy and Finance Rural Development Bank
Ministry of Public Works and Sihanoukville Port,
Transport Phnom Penh Port,
Kampuchea Shipping Agency and Broker (KAMSAB),
Laboratory of Construction,
Royal Railway Station,
Neak Loeung Ferry,
Prek Tamak Ferry,
Prek Kdam Ferry
Ministry of Agriculture, Forestry and Agriculture Inputs Company
Fisheries (Whether the seven rubber State-owned enterprises are to be kept
State-owned is being discussed)

Source: WTO Report of the Working Party on the Accession of Cambodia, 15 August 2003,
WT/ACC/KHM/21, page 60.

VII. PRINCIPAL IMPORT ITEMS

Cambodia principal trade partners are mainly from the Asian region, although lately
the composition of its imports has shown a tendency to diversify, as listed in tables 8 and 9.

Table 8. Direction of imports


(Million of US$)

Country 1998 1999 2000 2001


Singapore 95.0 98.0 106.0 723.4
Thailand 168.5 193.1 221.8 228.0
Hong Kong, China 129.8 183.6 254.3 116.9
Viet Nam 90.7 84.7 91.5 109.5
China 95.7 85.0 112.9 86.9
Taiwan Province of China 126.0 147.6 174.8 78.1
Republic of Korea 67.8 79.0 76.9 49.6
Japan 71.1 73.1 58.4 19.6
Malaysia 46.5 49.3 64.2 19.2
United States of America 38.9 37.6 32.8 16.5
France 40.5 41.5 39.3 12.6
Indonesia 28.0 50.3 68.4 9.9

Source: On the basis of data from the Ministry of Commerce.

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Table 9. Composition of imports


(Million of US$)

Imports 1998 1999 2000 2001


Man-made staple fibres 50.4 109.9 225.1 279.3
Petroleum products 155.5 159.0 180.0 207.8
Knitted or crocheted fabrics 111.3 122.2 129.5 163.8
Tobacco and manufactured tobacco substitutes 29.2 61.1 76.4 78.7
Nuclear reactors, boilers, machinery and
mechanical appliances 87.9 73.2 102.9 71.5
Vehicles and parts 84.3 74.6 72.7 67.3
Electrical machinery and equipment 70.8 67.1 51.5 53.3
Pharmaceuticals products 40.0 44.9 40.1 47.3
Paper and paperboard 25.8 27.7 36.3 41.6
Other made up textile articles 23.6 39.0 47.0 38.0
Salt; sulphur; earths and stone plastering materials,
lime and cement 23.6 23.8 30.8 35.2
Articles of apparel and clothing accessories, not
knitted or crocheted 9.7 9.3 21.5 34.5
Plastics and articles thereof 17.9 19.3 25.1 28.9
Sugars and sugar confectionary 14.4 23.3 12.3 28.3
Man-made filament 35.1 22.4 16.9 14.5
Cotton 33.9 58.2 19.6 9.4
Others 313.7 292.5 330.1 304.2
Total Imports c.i.f. 1127.1 1,227.5 1,417.8 1,503.6

Source: On the basis of data from the Ministry of Commerce.

References for part two: Selling to Cambodia

AEAN Homepage, http.//www.aseansec.org/14183.htm


Cambodia Customs Homepage, http.//www.camnet.com.kh/customs/
Cambodia Investment Board, Cambodia Development Council:
http.//www.cambodiainvestment.gov.kh/Information.asp?PageID=Startup+Procedures per
cent3AMore
CAMCONTROL, roles and responsibilities http://www.camcontrol.gov.kh/mission2.html
Economist Intelligence Unit, Country Profile 2003 – Cambodia
Economist Intelligence Unit, Country Report August 2003 – Cambodia
IMF Country Report Cambodia, March 2003
Ministry of Commerce, http.//www.moc.gov.kh/depts/green_trade/gb_website.htm
Ministry of International Trade and Industry of Malaysia, Home page
http.//www.miti.gov.my/trade/mtmain.htm
Phnom Penh Post, Print Edition, 21 November-4 December 2003.
UNCTAD, TRAINS, http.//r0.unctad.org/trains/2003 per cent20Cambodia.htm.
US-ASEAN Business Council Home page, http.//www.us-asean.org/afta.asp
WTO Fact sheet, Cambodia,
http://www.wto.org/english/thewto_e/acc_e/factsheet_cambodge_e.htm
WTO Report of the Working Party on the Accession of Cambodia, 15 August 2003,
WT/ACC/KHM/21.

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Part Three
BUYING FROM CAMBODIA

I. EXPORT POLICY, REGULATIONS AND PROCEDURES

A. General

In general, the Government promotes export activities to encourage employment and


generate foreign exchange. Any trading companies of Cambodian or foreign nationalities,
registered with the Ministry of Commerce, are allowed to freely engage in import-export
activities as stipulated in Law on Commercial Regulations and Commercial Register, 1995.
The registration fee costs about US$ 70 for both national and foreign companies.

B. Export approval

In general, no approval is required to exports goods from Cambodia. Most exports


only require an export declaration made into 3 copies to accompany with the invoice and
packing list. However there are some exceptions such as.
• The export of timber products is controlled and very restricted, therefore an
application to export timber has to be filled in and authorized by the First and
Second Prime Minister according to the Decision No. 65 on the Annulment the
Existing Procedure for Timber Export, June 18 1994;
• The sale and export of solidified rubber should also be authorized by the
Government, as stipulated in the Anukret on Conferring the Right to Sell and
Export Rubber Products to the Ministry of Agriculture, Forestry and Fisheries,
October 13 1994.
Other export restrictions and prohibitions are detailed in the next section.

C. Licensing, quotas and prohibitions

In general, the limited licensing system in place is for protection of Cambodia’s


environment, as well as its archaeological and cultural heritage.
Table 10. Products subject to export licensing

Product Measure Concerned agency


Articles of processed wood Licence Ministry of Agriculture, Fisheries
and Forestry
Fish Export monopoly granted to Ministry of Agriculture, Fisheries
State enterprise and Forestry
Footwear Export licence to EU Ministry of Commerce
Live animals Export licence Ministry of Agriculture, Fisheries
and Forestry
Pharmaceuticals and medical materials Export licence Ministry of Health
Precious stones, raw gold Licence as long as declared Central Bank of Cambodia
items above US$10,000
Vehicles and machinery for military Export licence Ministry of National Defence
purposes
Weapons, explosives and ammunitions Export licence Ministry of National Defence

Source: WTO Diagnostic Trade Integration Study for Cambodia, WT/IFSC/W/12/Add.1, page 36 and
http.//www.wto.org/english/thewto_e/acc_e/factsheet_cambodge_e.htm.

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Table 11. Products subject to quota

Product Measure Concerned agency


Rice Quota Ministry of Agriculture, Fisheries
and Forestry
Textiles and garments Export quota to the United States Ministry of Industry, Mines and
Energy/ Ministry of Commerce
Textiles and garments Export quota to EU Ministry of Industry, Mines and
Energy/ Ministry of Commerce

Source: WT/IFSC/W/12/Add.1, page 36.

Table 12. Products subject to export prohibitions

Product Measure Concerned agency


Cambodian antiques Prohibited Ministry of Culture
Illicit drugs Prohibited Ministry of Health
Logs and unprocessed timber Prohibited Ministry of Agriculture, Fisheries
and Forestry
Printing materials Prohibited if negative impact on Ministry of Education, Youth and
society Sports
Sandal wood Prohibited Ministry of Agriculture, Fisheries
and Forestry
Sawn timber Prohibited Ministry of Agriculture, Fisheries
and Forestry

Source: WT/IFSC/W/12/Add.1, page 36.

D. Documentary evidence under trade agreements and preferential schemes

Canada

In January 2003, Canada and Cambodia signed a Memorandum of Understanding


under the Canadian Least Developed Countries Market Initiative which grants tariff-free and
quota-free access for textile and apparel products originating from Cambodia. In order to be
eligible for the LDC tariff rates, textile and apparel products originating from Cambodia have
to satisfy. (a) rules of origin, (b) certification and (c) direct shipment. The Canada Customs
Revenue Agency may also conduct verification of the Rules of Origin by means of a
verification visit, letter or questionnaire.

According to the regulations concerning Certificate of Origin, Commercial Invoice


and Export Licence for Garments by the Cambodian Ministry of Commerce, textile
manufacturers should obtain the following documents from the Ministry.
• Cambodian Certificate of Origin Form A;
• Commercial Invoice; and
• Export Licence.

European Union (EU)

The EU-Cambodia Textile Trade Agreement signed in 1999, provided Cambodia


with unlimited access to the EU market for Cambodian textiles exports and simplifies
documentary requirements for such trade, until the expiry of the Agreement at the end of
2002. With Cambodia's entry into ASEAN, EU granted the country the regional cumulation
and derogation benefits offered by the EU Preferential Rules of Origin, which has resulted in
the EU-Cambodia Textile Trade Agreement being prolonged until the end of 2004.
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The EU-Cambodia textile agreement allows quota-free access to the EU market.


However, nine categories of the Cambodian textile products must go through double-
checking (surveillance) in order to certify Cambodian origin of the products. Details of the
agreement are available at the trade section of the European Commission.

Cambodian textile manufacturers need the following documents in order to export to


the EU market.
• Exporter registration in Cambodia with the general system of preferences (GSP)
Trade Preferences System Department of the Ministry of Commerce;
• Export Licence issued by the Ministry of Commerce; and
• Cambodian Certificates of Origin Form A (if raw materials are imported from
ASEAN member countries, a copy of the certificate of origin verifying the origin
should be submitted to the Ministry of Commerce).

Application procedure with the Cambodian Ministry of Commerce is detailed in


Prakas No. 1347/MOC/PRK and Prakas No. 3413/MOC.

Japan

In December 2002, Japan revised its GSP scheme by expanding its coverage,
especially duty-free and quota-free treatment. To receive this preferential tariff treatment
Cambodian goods must be accompanied by a GSP Form A issued by Cambodia Trade
Preferences System Department.

The GSP Form A is not required for consignments of customs value not exceeding
200,000 Yen or of goods whose origins are evident. The latter are included in the list
available from the Japan Ministry of Foreign Affairs.

Japan’s GSP scheme also applies certain origin criteria, rules for transportation (direct
consignment) and rules of cumulative origin for certain processed products. The list is
available from to the Japan Ministry of Foreign Affairs.

United States of America

In 1999, Cambodia and the United States of America signed an agreement relating to
trade in cotton, wool, man-made fiber, non-cotton vegetable fiber and silk blend textiles and
textiles products. Under this agreement, a quota system for export of garments from
Cambodia into the United States was established for 13 broad categories of garments.
Details on the broad categories are available at the United States Office of Textiles and
Apparel (OTEXA).

The United States-Cambodia textile agreement, 1999, was also the first bilateral
textile trade agreement containing a labour provision. It permits an annual quota increase of
14 per cent if the United States finds that Cambodia is in "substantial compliance" with its
labour laws and internationally recognized core labour standards. In December 1999, the
United States Government offered a 5 per cent increase. And in 2001, the United States
eased its quota restrictions by another 9 per cent in addition to the annual increase of 6 per
cent. Therefore, the total textile exports from Cambodia for 2002 were 15 per cent higher
than in 2001. The new extension covers the period from 31 December 2001 to 31 December
2004.
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Textile products of Cambodian origin gain access to the United States market through
the United States GSP. However, this scheme also means the exclusion of these textile
products from the list of goods that are subject to low or zero tariff rates.

Textiles exporters should apply to the Ministry of Commerce for the following
documents prior to any shipment to the United States.
• Export visa. Under the ELVIS (Electronic Visa Information System) Visa
Arrangement between Cambodia and the United States, a "visa" issued by the
Government of the country of origin of the textile exported to the United States,
describes the shipment, certifies the country of origin, and authorizes the
shipment to be charged against any applicable quota.
• A visa is required for each shipment of textiles, except for merchandise imported
for the personal use of the importer and not for resale, regardless of value, and
properly marked commercial sample shipments valued at US$ 800 or less.
• An “ELVIS transmission” is a message, sent electronically to the United States
Customs Service, by the Government of Cambodia or by its representative, which
describes the shipment and includes the visa number assigned to the shipment.

D. Other requirements

In Cambodia, laboratory testing of pharmaceutical products is required prior to


registration to check the conformity of the samples.

II. EXPORT CHARGES

There is no export tax as such but garment exports are under the garment visa system
put into place by the Ministry of Commerce which decides on the visa.

The following products are subject to 10 per cent export tax payable to the Ministry
of Finance:
• Live horses and bovine animals;
• Fish: live, fresh, chilled, fillet;
• Raw hides, skins and semi processed skins;
• Semi processed wood;
• Veneer sheets and sheets for plywood and veneer panels; and
• Wood cases, boxes, casks, etc.

Additionally, CAMCONTROL charges an inspection fee of 0.1 per cent of export


value while contractors of the Kampuchea Fish Import and Export Company (KAFIMEX)
collect a 4 per cent fee on all fish transported in the province. KAFIMEX also collects an
export licence fee of US$1 of all live fish export at Pochentong Airport.

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Table 13. Export tariffs

Export tariff
HS heading Description of good (per cent
ad valorem)
01.02; 01.03 Pure bred breeding bovine animals and swine 10
03.01; 03.02; 03.03; Live fish, prepared fish and fish products 10
03.04; 03.05
03.06; 03.07 Live crustaceans and molluscs and products thereof 10
12.11; 13.01; 13.02 Cannabis, cannabis resin, extracts and dyes, coca, opium* 50
29.05.50 Halogenated, sulphonated, nitrated or nitrated derivatives 50
of a cyclic alcohol*
29.26 Nitril-function compounds* 50
40.01; 40.04 Natural rubber in primary forms or in plates, sheets or 10
strips and rubber waste
44.02; 44.03; 44.04; Unprocessed and semi-processed wood; wood charcoal 10
44.05; 44.06; 44.07
44.08.10.00; 44.09 Sawn and shaped wood. Veneer sheets and sheets for 5
plywood; strips for flooring

Source: WT/ACC/KHM/21, table 8.

* Categories included for the sake of formal completeness. The products in these
groups require a licence in order to be exported.

III. SETTLEMENT OF BILLS, LETTERS OF CREDIT

The Foreign Trade Bank provides letter of credit to Cambodian importers under the
condition of a 20 per cent deposit, a collateral of land or building, and a good credit history.
Minimum acceptance fee is 0.1 per cent, however importers are required to pay 0.2 per cent
fee due to the perceived country risk.

IV. DOCUMENTS, INCLUDING INSURANCE

Number Form
Document Body concerned Cost
of copies number
Bill of lading/Air waybill 8 Shipping company/airline
company
Certificate of origin 8 Ministry of Commerce
Commercial invoice 8 Exporter
Customs declaration form 3 Customs Department 15,000 Riels
GSP 4 Ministry of Commerce Form A
Insurance certificate 3 Insurance company
Packing list 8 Exporter

Source: http.//www.camnet.com.kh/customs/ .

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V. STATE MONOPOLY IN EXPORTS

Although Cambodia’s economy is liberal, there are a few State-owned trading


companies that hold exclusive rights to some trading activities.

Fisheries sector is dominated by the Kampuchea Fish Import and Export Company
(KAMFIMEX). KAMFIMEX holds the exclusive rights to fish exports. Fish for exports
should be sold through KAFIMEX which in turn grants licences to five export traders to
handle and transport the fish across the border to Thailand’s Aranyaphatet fish market.

According to the Anukret on Conferring the Right to Sell and Export Rubber
Products to the Ministry of Agriculture, Forestry and Fisheries on 13 October 1994,
Cambodia’s Ministry of Agriculture, Forestry and Fisheries is the only agency in charge of
selling and exporting rubber products. The Ministry could use 30 per cent from the proceeds
of the sales to import equipment necessary for rubber production.

VI. PRINCIPAL EXPORTS

Cambodia’s main export partner is the United States with which it has the special
agreement for garments and textiles.

Table 13. Direction of exports


(Million of US$)

Country/area 1998 1999 2000 2001


United States of America 292.5 493.0 739.7 832.1
Hong Kong, China 26.7 37.8 262.2 208.3
United Kingdom 24.8 52.8 81.6 126.3
Germany 71.7 40.0 66.0 98.7
France 12.2 20.5 27.7 35.0
Singapore 132.7 179.6 18.0 28.0
Netherlands 6.7 9.4 20.5 25.7
Viet Nam 41.9 12.7 19.5 21.2
China 42.2 8.8 23.8 16.7
Japan 7.9 9.3 10.7 13.3
Ireland 4.9 10.2 11.6 11.0
Canada 1.9 3.1 4.9 10.4
Malaysia 6.1 6.5 9.8 10.3
Thailand 76.8 18.3 22.9 7.6

Source: On the basis of data from the Ministry of Commerce

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Table 14. Composition of exports


(Million of US$)

Item 1998 1999 2000 2001


GSP Exports 392.4 564.3 1,012.0 1,141.5
Rubber 26.9 28.1 31.9 23.2
Sawn timber 90.1 73.5 25.3 9.1
Logs 88.0 37.2 7.6 7.4
Other domestic exports 0.1 0.9 3.5 6.1
NR carrier procurements 2.5 2.7 4.2 4.7
Fish products 2.5 3.4 4.5 4.1
Agricultural products 1.4 2.0 2.0 2.0
Total 603.9 712.1 1,091.0 1,198.1
Re-exports 296.0 171.8 169.8 175.6
TOTAL 899.9 883.9 1,260.8 1,373.7

Source: On the basis of data from the Ministry of Commerce.

References for part three: Buying from Cambodia

Canada Gazette, Part II, 1 January 2003.


http.//canadagazette.gc.ca/partII/2003/20030101/html/index-e.html
Ministry of Commerce, Prakas on the Issuance of the Certificate of Origin, Commercial
Invoice and Export Licence for Garments
http.//www.moc.gov.kh/laws_regulation/prk1437-99-moc_ci.htm ;
Ministry of Commerce, Prakas Amending and Supplementing the Issuance of Certificates of
Origin, Commercial Invoice and Export Licence for Garments
http.//www.moc.gov.kh/laws_regulation/prk3416-99-moc_co.htm
WTO Report of the Working Party on the Accession of Cambodia, 15 August 2003,
WT/ACC/KHM/21.
WTO Diagnostic Trade Integration Study for Cambodia,
WT/IFSC/W/12, WT/IFSC/W/12/Add.1 and WT/IFSC/W/12/Add.2.

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Part Four
INVESTING IN CAMBODIA

I. FOREIGN INVESTMENT POLICY AND REGULATIONS

The Law on Investment, 1994 of Cambodia establishes an open and liberal


environment for foreign investors. Most sectors of the economy are open to foreign
investment, with the exception of the legal and accountancy sectors, as well as certain areas
of transport, construction and foreign trade. In 2002, the Council of Ministers approved a
Draft Amended Investment Law, which would replace the Investment Law, 1994. The new
Draft Investment Law should be adopted shortly.

Foreign investors in Cambodia enjoy national treatment, except in when it comes to


land ownership. According to the Constitution, 1993, only Khmer legal entities and citizens
of Khmer nationality have the right to own land. Foreign entities or individuals are allowed
to lease land for 70 years renewable. The Government commits not to undertake a
nationalization policy, nor to impose price controls on the products or services used by those
investors who have received prior approval from the Government.

Cambodia has signed investment promotion and protection agreements with China,
Cuba, France, Germany, Malaysia, the Netherlands, the Philippines, the Republic of Korea,
Singapore, Switzerland, Thailand and the United States of America. These agreements
provide reciprocal national treatment to investors, excluding the benefits deriving from
membership in future customs unions or free trade areas and agreements relating to taxation.
The agreements preclude expropriations except when undertaken for a lawful or public
purpose, in a non-discriminatory manner and accompanied by prompt, adequate and effective
compensation at a fair market value of the property prior to expropriation. The investment
agreements also guarantee the repatriation of investments and provide for settlement of
investment disputes via arbitration.

Between 1994 and 2001, the main investors in Cambodia were Malaysia; Taiwan,
Province of China; China; Singapore; Thailand; the United Kingdom; and Hong Kong,
China. The list of total cumulative registered investment projects in by country of origin
during this period is offered in table 15.

Table 15. Investment projects by country of origin

Country Millions of US$ Percentage


Malaysia 1,503 41.8
Cambodia 826 22.4
Taiwan Province of China 310 8.4
China 176 4.7
Singapore 156 4.2
Thailand 131 3.5
United Kingdom. 120 3.2
Hong Kong, China 112 3
Republic of Korea 90 2.4
Canada 52 1.4
Indonesia 48 1.3
Australia 41 1.1
United States of America 38 1
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Country Millions of US$ Percentage


France 34 0.9
Japan 8 0.2
Other 30 0.8
Total 3,675 100.0

Source: Cambodia Country Commercial Guide, United States Commercial Service.

Between 1994 and 2001, sectors receiving the greater flows of investment capital
were tourism, garment, agriculture and construction services. The list of total cumulative
registered investment capital by sector during this period is offered in table 16.

Table 16. Investment capital by sector

Sector Millions of US$ Number of projects


Industry 1,489 642
Food Processing 127 44
Garments 363 337
Petroleum 63 13
Wood Processing 250 35
Footwear 37 23
Agriculture 172 80
Services 299 74
Construction 121 12
Telecommunications 94 11
Tourism 1,714 58
Total 3,676 854

Source: Cambodia Country Commercial Guide, United States Commercial Service.

II. INVESTMENT PROCEDURES

The Council for the Development of Cambodia (CDC) is the highest decision-making
body of the Government in charge of the promotion and protection of private and public
sector investment. The CDC is chaired by the Prime Minister and composed of senior
ministers from related government agencies. The Cambodian Investment Board (CIB) is the
CDC’s operational arm for private sector investment. The CIB reviews investment
applications and grants concessions to investors and investment projects.

Types of investment

The following forms of investment are authorized:


• 100 per cent local source of capital;
• 100 per cent foreign source of capital;
• Joint-ventures, foreign participation cannot be more than 49 per cent;
• Build-operate-transfer (BOT). limited to only infrastructure projects (Anukret No.
11/ANK/BK on BOT Contract)5;
• Business cooperation contract (BCC); and
• Other forms authorized by law.

5
An Anukret is a Sub-decree. For details on the hierarchy and definitions of Cambodian legal norms, see
http://www.bigpond.com.kh/Council_of_Jurists/z/Typolg.htm
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According to the Anukret No. 80/ANK/BK on Measures Restricting Certain


Investment Sector 1999, the following areas of restriction for private investment are listed
below.

ISIC Remarks
Sector/industry
code (restrictions/requirements)
I. Industries closed to both national and foreign investments
3698 Manufacture/processing of cultural items. Subject to prior approval from relevant ministries.
2021 Sawn timber, veneer, plywood, wood-based No new licence will be issued.
products utilizing local logs as raw
materials.
2411 DBSA production: Subject to prior approval from the Ministry of
Toxic chemicals effecting health of health and related ministries.
community and impacting to environment. Prohibited in accordance with an international
Production of toxic chemicals or utilization treaty.
of toxic agents.
2429 Manufacture of psychotropic substance Prohibited for the psychotropic substances listed
in table I.
Subject to specific details provided by the
Ministry of Health and the psychotropic
substances listed in tables II and III.
2429 Manufacture/processing of narcotic drugs Prohibited
2927 Manufacture of weapons and ammunitions National defence policy
N.A Manufacture of firecracker and fireworks Subject to control
N.A Manufacture related to defence and National defence policy
securities
II. Industries closed only to foreign investors, i.e. SMEs, national policies
Nil Nil
III. Industries open with restriction to foreign investors
1600 Manufacture of cigarette Only of export (100%)
1551 Alcohol Subject to prior approval from relevant ministries
1320 Exploitation of gemstones Subject to local equity participation
2691 Bricks made of clay (hollow, solid) and tile Subject to local equity participation
1531 Rice mill Subject to local equity participation
2029 Manufacturing of wood and stone carving Subject to local equity participation
1711 Silk weaving Subject to local equity participation
IV. Manufacturing related services
2210 Publishing
2212 Publishing of newspaper, journals and Subject to discussion with the Ministry of
periodicals Information and Ministry of Culture and Fine Arts
2213 Publishing of record media
2219 Other publishing Foreign equity is restricted to maximum of 49%
2221 Printing
2222 Service activities related to printing
9213 Radio and television activities
V. Others
NIL

Source. Ministry of Commerce

Any foreign investment in Cambodia requires the approval from CDC. Investment
applications must be submitted to CDC including:

• A completed application form from the CDC duly signed by an authorized


representative of the applicant;
• A letter stating the intention of the applicant to invest in Cambodia, with a brief
summary/profile of the investors, the investment project, the objectives and any
special requests regarding the investment project;
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• The constituent documents of the proposed investment enterprise, such as the


Memorandum of Association and Articles of Association, in accordance with the
existing laws of Cambodia;
• A detailed study of the economic and technical feasibility of the investment
enterprise, including an outline of the manufacturing flow process; and
• Details of the qualifications of the applicant, including:
- technical capacity,
- marketing capacity,
- human resources and managerial capacity, and
- financial capacity.

Application fees for investment projects are detailed in the Anukret No. 88 on the
Implementation of the Law on Investment 6 as follows.

• If the investment project is less than or equal to US$1 million:


- US$ 100 at the time of application submission; and
- US$ 500 upon receipt of the investment approval.
• If the project is more than US$1 million:
- US$ 200 at the time of application submission; and
- US$ 1,000 upon receipt of the investment approval.

III. INVESTMENT INCENTIVES

According to the Investment Law 1994, applications for investment incentives should
be submitted to CDC for approval. Investment incentives are as follows.

• A corporate tax rate of 9 per cent (standard corporate tax rate is 20 per cent);
• Exemption of corporate tax up to 8 years starting from the year of first profit. If
profits are reinvested in the country, such profits will be exempted from all
corporate tax;
• A five-year loss carry forward shall be allowed;
• Non-taxation on the distribution of dividends or profits or proceeds of investment,
whether transferred abroad or distributed in the country;
• 100 per cent import duty exemption for raw materials and other materials used for
the investment project;
• 100 per cent export duty exemption, if any.

These incentives cannot be transferred or assigned to any third party.

After submitting its investment application to CDC, the enterprise can file an appeal
to CDC within 25 working days of receipt of notification to revoke or cancel, partially or
wholly, privileges and incentives.

Private investment in Cambodia receives the incentives in the form of customs duty
exemptions (see box 3).

6
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Box 3. Customs duty exemptions

A. Types of investment subject to customs duty exemptions


1. Investment in export-oriented projects with a minimum of 80 per cent of production
designated for export.
2. Projects located in a Special Promotion Zone.
3. Tourism industry projects.
4. Projects in labour intensive industries, processing industries and agro-industry.
5. Investment in physical infrastructure and energy industry projects.

In the case of projects within (3), (4) and (5) above, the exemption from customs duties relates to the
construction of buildings and factories and the first year of operation only.
B. Types of goods subject to customs duty exemptions
1. Construction materials for the project.
2. Machinery used directly in the production process.
3. Other equipment used directly in the project other than administrative equipment.
transportation and distribution equipment.
4. Spare parts for the machinery and equipment referred to in (2) and (3).
5. Raw materials and intermediate goods used directly in the production process.
6. Packaging equipment.
C. Types of export goods entitled to 100 per cent export tax exemptions
Finished products.

Source: Anukret No.88 on the Implementation of the Law on Investment

The following fields of investment are entitled to receive incentives including the
exemption, in whole or in part, of taxes and duties.
• Pioneer and/or high technology industries;
• Job creation;
• Export-oriented (80 per cent of total products);
• Tourism industry;
• Agro-industry and transformation industry;
• Physical infrastructure and energy;
• Provincial and rural development;
• Environmental protection; and
• Investments in a special promotion zone (SPZ) as shall be created by law.

Other areas entitled to receive investment incentives are as follows.

List of suggested areas of investment


1. Crop production
1.1 Paddy farming greater than 1,000 ha
1.2 All types of cash crops greater than 500 ha
1.3 Vegetables greater than 50 ha

2. Livestock production
2.1 Livestock more than 1,000 heads
2.2 Dairy farming more than 100 heads
2.3 Poultry and eggs more than 10,000 heads

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3. Fisheries
3.1 Hatcheries more than 2 ha
3.2 Shrimp farming and other aqua-culture production greater than 10 ha
4. Manufacture and processing of food and related products
Investment Capital equivalent to US$ 500,000 and above
4.1 Beverages
4.2 Fats and oils
4.3 Sugar confectionery
4.4 Meat products
4.5 Dairy products
4.6 Preserved fruit and vegetables
4.7 Grain mill products
4.8 Bakery products
4.9 Animal feeding products
5. Manufacture of textile mill products
Investment capital equivalent to US$ 1,000,000 and above
5.1 Cotton weaving mill and thread mill
5.2 Embroidery cloth mill
5.3 Floor covering mills
5.4 Other weavings
6. Manufacture of apparel and other textile
Investment capital equivalent to US$ 1,000,000 and above
7. Manufacture of furniture and fixtures
Investment capital equivalent to US$ 1,000,000 and above
7.1 Household furniture
7.2 Office furniture
7.3 Manufacturing of building partitions and fixtures

8. Manufacture of paper and allied products


Investment capital equivalent to US$ 1,000,000 and above
8.1 Tree plantations for paper production and pulp mills
8.2 Paper
8.3 Paperboard mills
8.4 Paperboard containers
9. Manufacture of chemicals and allied products
Investment capital equivalent to US$ 1,000,000 and above
9.1 All types of chemicals including agricultural chemicals
9.2 Plastics and other synthetics rubber
9.3 Drugs
9.4 Cleaning products
9.5 Paints and allied products
10. Manufacture of rubber and miscellaneous plastics
Investment capital greater than US$ 500,000
11. Manufacture of leather and other products
Investment capital greater than US$ 500,000
12. Manufacture of fabricated metal products
Investment capital equivalent to US$ 1,000,000 and above
13. Manufacture of electrical and electronic equipment
Investment capital greater than US$ 500,000
14. Manufacture of transportation equipment
14.1 Automobiles and spare parts
14.2 Aircraft and spare parts
14.3 Constructions and means of water transports
14.4 Equipment and means of rail transports
14.5 Bicycles and motorcycles

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15. Construction of roads and bridges and physical infrastructure construction including electric
power and water production
16. Production of machinery and industrial equipment
Investment capital greater than US$ 1,000,000
17. Hotel construction
Three stars or higher
18. Medical complexes of international standards, educational facilities of international standards,
vocational training centres
19. Infrastructure construction for use in the cultural and arts area
20. Production and business activities to protect the environment
21. Infrastructure for investment in the high tech telecommunication sector

Sources: Compiled from the Ministry of Commerce and the Cambodia Investment Guide 2002.

In order to promote investment in disadvantaged areas, Cambodia is divided into four


regions. Region 4 would be the most disadvantaged and where investment is most
encouraged.

Region 1: Phnom Penh, Kandal Province, Siem Reap Province and Sihanoukville.

Region 2: Kampong Cham, Kampong Chhnang, Kampong Speu, Kampot, Prey


Veng, Svay Reing and Takeo Province.

Region 3: Batambang, Kampong Thom and Pursat Province.

Region 4: Banteay Mean Chey, Krachie, Koh Kong, Mondul Kiri, Preah Vihear,
Rattanakiri and Stung Treng Province.

It is worth noting that the Government has issued the following list of sectors where
investment will not receive incentives.

1. All types of trading activities;


2. All forms of transportation services;
3. Duty-free shops;
4. Restaurants, karaoke, and other night clubs and massage parlours that are not located in
international standard hotels;
5. Business centres;
6. Press related activities and media networks (radio, television, newspaper);
7. Retail and wholesale;
8. Professional services; and
9. Natural resources, except petroleum and natural gas.

Incentives under the Draft Amended Investment Law, 2002

In 2002, the Government drafted an amended the Investment Law which should be
enacted soon and is expected to bring about significant changes in the investment climate of
the country. Under the Draft Amended Investment Law, each investment project approved
by CDC and granted a Final Registration Certificate is called a qualified investment project
(QIP).

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The following investment incentives are applied to QIPs on the condition that they
obtain a “Compliance Certificate” from CDC on an annual basis:
• A QIP is entitled to exemption from profit tax for a period of three years starting
from the first year of profits or three years after the first revenue, plus another
period of profit tax exemption as determined in the Financial Management Law.
• Exemption from import duties for construction materials, production equipment
and production input materials for Export QIPs and Supporting Industry QIPs.
• Employment of foreign employees where no qualified Cambodians are available.
• Transfer of incentives by merger or acquisition.
• Exemption from export duties.

The new Draft Amended Investment Law cancels the 9 per cent profit tax rate. All
QIPs are subject to the corporate profit tax rate of 20 per cent. For existing QIP granted this
tax rate will be entitled to a grace period of five years after the promulgation of the new law,
provided the annual submission of the Compliance Certificate. Similarly, an existing QIP
entitled to an exemption of tax or profit will be able to continue that exemption upon the
annual submission of the Compliance Certificate.

IV. TAXATION

The legal framework regulating taxation in Cambodia includes the Law on Taxation
adopted in 1997 and the value added tax (VAT) introduced in 1999. As Cambodia
progressively improves its legal environment, amendments to the Law on Taxation, 1997, are
expected.

A. Corporate (profit) tax

Tax rates on the annual profit in Cambodia are as follows:


• Twenty per cent for the profit realized by a legal person;
• Thirty per cent for profit realized under an oil or natural gas production sharing
contract and the exploitation of natural resources including timber, ore, gold, and
precious stones;
• Nine per cent for an investment enterprise after the period of tax exemption; and
• Zero per cent for an investment enterprise during the period of tax exemption.

An advance payment of profit tax at the rate of 1 per cent of the turnover of the
previous month has to be made monthly.

B. Excise tax

Excise tax is applied to both domestically produced goods and imported goods based
on ex-factory price and tariff inclusive c.i.f. value respectively. Excise tax ranges from 10
per cent (for soft drinks, beer, wine and spirits, cigarette and other tobacco products, and
petrol and lubricating oil) to 5-110 per cent (for automobiles, buses, trucks, motorcycles and
spare parts).

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C. Income tax

Income originated from the following sources is subject to a monthly salary tax:
• Salary received from Cambodian sources;
• Salary received from foreign sources; and
• Advanced money, loan or instalment made by the employer to the employee,
which shall be added to the taxable salary of the month in which they are paid out
and shall be deducted from salary in the month of any repayment made by the
employee.

Tax rate
Taxable parts of the monthly salary
(%)
From 0 to 500,000 Riels 0
From 500,001 to 1,250,000 Riels 5
From 1,250,001 to 8,500,000 Riels 10
From 8,500,001 to 12,500,000 Riels 15
Over 12,500,000 Riels 20

Source: Law on Taxation .

D. Value added tax (VAT)

VAT was introduced on 1 January 1999 to replace turnover and consumption taxes.
VAT is levied at a single rate of 10 per cent on goods and services and imports from all
sources on c.i.f. value, including customs duties and excise taxes when applicable. VAT is
not applied to exports.

The following goods and services exempted from VAT:


• Public postal services;
• Hospital, clinic, medical and dental services, and the sale of medical and dental
goods;
• Transportation of passengers by wholly State-owned public transport entities;
• Insurance and primary financial services;
• Public-interest non-profit activities;
• Imported articles for personal use exempt from customs duties;
• Goods imported by foreign diplomatic and consular missions, international
organizations and technical cooperation agencies of other Governments for
official use;
• Ten categories of agricultural inputs and/or “raw agricultural products” such as
fertilizer, plant seeds, veterinary medicines, animal feeds, breeding stock, small
tractors and spare parts, and miscellaneous agricultural machinery. Additionally,
there is a list of imported agricultural inputs that are exempted from VAT (see
table 17).

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Table 17. Imported agricultural inputs exempted from VAT

HS classification Product description


0101.11.00; 0102.10.00; 0103.10.00; 0104.10.10; 0104.20.10; Animal species
0105.11.10; 0105.12.10; 0105.19.10; 0105.19.30; 0105.92.10;
0105.93.10; 0106.00.10; 0511.10.00; 0710.10.00;

1005.10.00; 1006.11.00; 1008.30.00; 12.04; 12.05; 12.06; Seeds


1207.20.00; 1207.30.00; 1207.40.00; 1207.50.00; 1207.60.00;
1207.91.00; 12.09; 50.01;

23.08; 23.09 except 2309.10.10 and 2309.10.90 Animal feedstuff and supplementary feed

Source: WTO (WT/ACC/KHM/21), table 3.

E. Minimum tax

A minimum tax of 1 per cent of annual turnover is imposed on taxpayers subject to


the real regime system of taxation, even if the taxpayer has been granted the status of an
investment enterprise.

F. Withholding tax

The following three rates of withholding tax are applied according the below listed
specifications.

• Fifteen per cent on:


- Income received by a physical person from the performance of services
including management, consulting and similar services; and
- Royalties for intangibles and interests in minerals, oil or natural gas, and
interest paid to a physical person or an enterprise except interest paid to a
domestic bank or savings institution.
• Ten per cent on the income from the rental of movable and immovable property.
• Five per cent on interest paid by a domestic bank or savings institution to a
resident physical person having a non-fixed term savings account.

G. Other taxes

Each business enterprise should register annually with the tax authorities and pay a
business registration tax of US$300 per year. In the trade and industrial sectors, the
maximum business registration tax is 0.1 per cent of the turnover. In the service sector, the
maximum rate is 0.25 per cent of the turnover.

A 4 per cent registration tax is also applied to the registration of ownership of


immovable and movable assets. Additionally, a 2 per cent tax is applied on unused land.

V. FOREIGN EXCHANGE

The Law on Foreign Exchange, 1997 stipulates that, “there shall be no restrictions on
foreign exchange operations through book entry including purchases and sales of foreign exchange
on the foreign exchange market, transfers, all kinds of international settlements, and capital flows in
foreign or domestic currency, between Cambodia and the rest of the world or between residents and
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non-residents. However, such operations shall be undertaken solely through authorized


intermediaries.”

There are currently no restrictions on the repatriation of profit or capital derived from
investments made in Cambodia, nor on most transfers of funds abroad. The Law on
Investment guarantees that investors can freely remit foreign currencies abroad for the
purposes of:
• Payment for imported goods and services, and repayment of loans including
interests and principals made by foreign banks or institutions;
• Royalties and management fees;
• Profits after discharge of obligations due and payment of all relevant taxes and
royalties; and
• Repatriation of invested capital on dissolution of an investment project.

Any transfer equaling or exceeding US$ 100,000 shall be reported to the Central
Bank.

VI. LABOUR ISSUES

As mentioned earlier, Cambodia has a fairly young population. Moreover, the lack of
educational opportunities has resulted in shortages of skilled labour which has become a
major issue for both investors and Government.

A. Basic labour requirements

Cambodia’s Labour Law, 1997 , establishes that all employers must make a
declaration to the Ministry of Social Affairs, Labour, Vocational Training and Youth
Rehabilitation prior to the actual opening of the enterprise or within 30 days after the closing
of the enterprise. Enterprises that have at least eight workers must have an internal
regulation of the enterprise. Cambodian employees are required to have employment cards.

Cambodia’s Labour Law recognizes that labour contracts can be made in written or
verbal forms. A labour contract cannot be for a period longer than two years. It can be
renewed one or more times, as long as the renewal does not surpass a maximum duration of
two years.

Cambodia’s Labour Law regulates the right to establish labour unions as well as
“collective labour agreements”. The Law guarantees the right to strike stipulating that each
strike must be preceded by prior notice of at least seven days. This notice must be filed with
the enterprise or establishment as well as with the ministry in charge of labour.

The Law requires a minimum wage but it does not set the actual figure of minimum
wage. The maximum working hours are eight hours per day or 48 hours per week. The
minimum age for wage employment is set at 15 years. But minors (under 18 years old)
cannot be employed in underground mines or quarries, nor perform night work in any
enterprise.

Women are entitled to maternity leave of 90 days with half of their regular wages
paid by their employers. For one year from the date of the child delivery, women are entitled
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to an extra one-hour break per day for breastfeeding during the regular working hour.
Cambodia’s Labour Law also requires that any enterprises employing a minimum of 100
women or girls set up, within their establishments or nearby, a nursing room and a day-care
centre. Alternatively, if there is not day-care centre on the premises, women workers can
place their children in any day-care centre and the charges must be paid by the employer.

B. Foreign employment

No foreigner can work in Cambodia unless he/she possesses a work permit and an
employment card issued by the ministry in charge of labour. Only residents in Cambodia can
be employed.

The maximum percentage of foreign employees in each enterprise cannot exceed 10


per cent. Employment of foreigners exceeding the stipulated limit requires authorization
from the ministry in charge of labour.

Foreign lawyers are permitted to engage in commercial association with Cambodian


lawyers, but they cannot represent clients, conduct activities to attract clients, or publish
commercial advertisements.

VII. DISPUTE SETTLEMENT

Whenever possible, disputes relating to encouraged investments in Cambodia or


involving foreign national’s rights and obligations protected by law should be settled
amicably through consultation between the parties in dispute. Should the parties fail to reach
an amicable settlement within two months of the date of first consultation, either party can
bring the dispute to the following high level bodies:
• Conciliation before CDC which will provide its opinion; or
• Referral of the dispute to the court of Cambodia; or
• Referral to international rules to settle the dispute, as agreed by both parties.

The Government is currently applying to become a member of the International


Centre for Settlement of Investment Disputes (ICSID).

As a member of ASEAN, Cambodia obliges to the ASEAN Protocol on Dispute


Settlement Mechanism, 1996 which provides procedures on dispute settlement to all Member
States. In case the disputing parties fail to reach agreement, the dispute must be referred to
the ASEAN Senior Economic Officials Meeting which will set up a panel to hear the dispute.

Upon its accession to WTO in September 2003, Cambodia has agreed to establish
before 1 January 2005 a dispute settlement mechanism within the Cambodian Customs
Service in order to handle complaints about customs practices from traders and
Governments.

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VIII. CAPITAL MARKET

There is no capital market in Cambodia. In 1995, a Capital Market Law was drafted
but due to the political disturbance in 1997, the initiative was interrupted. Under the Central
Banking Law, 1996, the National Bank of Cambodia has the responsibility to establish and
oversee financial markets as well as securities operations.

IX. PROTECTION OF PROPERTY RIGHTS

Cambodia is a member of the World Intellectual Property Organization (WIPO) since


1995, and belongs to the Paris Convention for the Protection of Industrial Property Rights
since 1998. The Cambodian Government is planning to join the Berne Convention (for
copyrights and related rights), and the International Convention for the Protection of New
Varieties of Plants (UPOV).

As a member of ASEAN, Cambodia has participated in the ASEAN Framework


Agreement on Intellectual Property Cooperation since 30 April 1999. Beside the multilateral
agreements, Cambodia has also entered into bilateral agreements regarding property rights
with Thailand and the United States of America.

The Department of Intellectual Property, under the Ministry of Commerce, is


responsible for formulating and implementing policies regarding protection of copyrights.
Upon Cambodia’s accession to WTO, new legislation has been drafted to conform to the
Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, including the
Draft Law on Copyright and Related Rights (March 2003), the Law on Marks, Trade Name
and Acts of Unfair Competition (February 2002), and the Law on Patents, Utility Models and
Industrial Designs (January 2003).

Additional legislation is expected to be adopted in 2004, such as the Law on


Geographical Indications and Layout Design of Integrated Circuits, the Law on Protection of
Undisclosed Information and Trade Secrets, and the Law on Plant Variety Protection.

A. Copyright protection

The Draft Law on Copyright and Related Rights, 2002 , provides protection for the
lifetime of the author and 50 years after his/her death. The Draft Law also provides
protection for compilations of data, computer programmes as literary works, rental rights for
computer programmes, and the exclusive rights of a broadcaster to authorize rebroadcast by
wireless means.

B. Trademarks

The Law on Marks, Trade Name and Acts of Unfair Competition, 2002 requires that
applications for registration of a mark be submitted to the Intellectual Property Division at
the Ministry of Commerce. A trademark is protected for 10 years and renewable for
successive periods of 10 years indefinitely.

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C. Industrial designs and patents

Under the Draft Law on Patent, Utility Models and Industrial Designs, 2003,
registration applications for industrial designs should be submitted to the Ministry of
Industry, Mines, and Energy (MIME). Only new designs (designs not disclosed to the public
through publication or use prior to the priority date) can be registered. Designs that are
contrary to public order or morality cannot be registered. Protection is provided for five
years and can be renewed twice.

MIME is also in charge of registration for patents. Patents are granted upon
expiration of an 18-months period starting on the priority date and protection is provided for
20 years.

In January 2003, Cambodian Government adopted a new Law on the Management of


Pharmaceutical Products to postpone the implementation of pharmaceutical patenting until
2016 citing the Doha Declaration which allows LDC Governments to delay the
implementation of pharmaceutical patent protection until 2016.

References for part four: Investing in Cambodia

Asian Development Bank, Cambodia Financial Sector Blueprint for 2001-2010 (2001)
http.//www.adb.org/Documents/Reports/CAM_Blueprint/
Cambodia E-Government Homepage
http.//www.cambodia.gov.kh/unisql1/egov/english/home.frame.html
Cambodia Investment Guide 2002, DFDL/Mekong Law Group (2002)
Council for Development of Cambodia/Cambodia Investment Board
http.//www.cambodiainvestment.gov.kh/default.asp
Economist Intelligence Unit, Country Profile, August 2003
Greater Mekong Sub-region Business Forum
http.//www.gmsbizforum.com/Legal per cent20and per cent20regulatory(cambodia)/Foreign
per cent20investment/Taxation per cent20..cambodia.htm
Médecins Sans Frontières
http.//www.msf.org/content/page.cfm?articleid=2ECD1BDD-94B2-49EB-
8EC939E2C87E54C7
Ministry of Commerce www.moc.gov.kh
US Commercial Service, Country Commercial Guide for Cambodia FY 2001
http//www.usatrade.gov/website/ccg.nsf/ShowCCG?OpenForm&Country=CAMBODIA
WTO Report of the Working Party on the Accession of Cambodia, 15 August 2003
WT/ACC/KHM/21
http://docsonline.wto.org/gen_home.asp?language=1&_=1

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Part Five
TIPS FOR VISITORS TO CAMBODIA

Since the Paris Peace Agreement (1991), tourism has restarted in Cambodia. The
Government has adopted a policy to promote all activities related to the development of
tourism. The sector is mostly in the hands of private companies while the Government
focuses on the infrastructure development.

Visitors to Cambodia may book their travel through one of the registered tour
operators in Cambodia or travel on their own. The Open Sky Policy permits international
flights to Cambodia’s main airports which has helped increase the number of visitors to the
country. Consequently, 12 international airlines are allowed to provide direct flights to and
from Cambodia, including Malaysia Airlines, Thai Airways International, Silk Airline
(Singapore), Vietnam Airline, Bangkok Airway, Dragon Airline (Hong Kong, China) and
Eva Air (Taiwan, Province of China).

There are 11 cities in Asia that have direct international flights to and from
Cambodia, including Bangkok, Kuala Lumpur, Shanghai, and Singapore. Within Cambodia,
three airlines (Mekong Airlines, Siem Reap Airways and Royal Phnom Penh Airways) serve
seven cities/towns throughout the country. The cities/towns with international flights
connections are Battambang, Koh Kong, Mondolkiri, Phnom Penh, Rattanakiri, Siem Reap
and Stung Treng.

A. Visa and passport

Visitors are required to possess valid passport and visa to enter Cambodia. Children
under 14 years old also need visa to travel to Cambodia, but the visa process is free of
charge. Visas can be obtained at the Cambodian embassies and consulates or upon arrival at
the international airports of Phnom Penh and Siem Reap, and at border check points with
Thailand and Viet Nam. If visitors arrive at Cambodia through any other entry point they
need to obtain a visa from one of the Cambodian embassies.

According to the Ministry of Tourism, the current fees for visa and related expenses
are:
• Visa fee: business visa (US$ 25), tourist visa (US$ 20);
• Airport tax: international airport tax (US$ 20), at Siem Reap
(US$ 15); and
• Domestic airport tax: US$ 5

A tourist visa is valid for 30 days. For individuals who need to stay longer than the
standard one month, a three-month visa will be granted upon application to the Ministry of
Interior and payment of a fee of US$ 60. Individuals with a business licence issued by the
Ministry of Commerce may apply for a business visa valid for one year upon payment of a
fee of US$ 20.

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B. Entry points

• By air: Siem Reap and Phom Penh.


• By sea: Sihanoukville Port (Visa on arrival upon request)
• By road: Visitors coming from Thailand, Viet Nam or Lao People’s Democratic
Republic may use one of the following border crossing points.
- Bavet (Svay Rieng Province);
- Kaam Samnor-Koh Rokar (Kandal-Prey Veng);
- Cham Yeam (Koh Kong Province);
- Poi Pet (Banteay Meanchhey Province);
- O'Smach (Oddar Meanchhey Province);
- Phnom Den (Takeo Province). No visa on arrival; and
- Dong Krolor (Stung Treng Province). No visa on arrival.

References for part five: Tips for Visitors to Cambodia

Cambodia-travel.com
http.//www.cambodia-travel.com/information/cambodia-visa.htm
Embassy of Cambodia, Washington DC (U.S.A.)
http.//www.embassy.org/cambodia/
GoCambodia.com
http.//www.gocambodia.com/travel/travel_guide.asp
Greater Mekong Sub-region Business Forum
http.//www.gmsbizforum.com/cambodia/explorer_cambodia.htm
Ministry of Tourism
http.//www.mot.gov.kh/
US Commercial Service, Country Commercial Guide for Cambodia FY 2001
http//www.usatrade.gov/website/ccg.nsf/ShowCCG?OpenForm&Country=CAMBODIA

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Annex

INTEGRATED INTERNET LINKS LISTED IN THIS DOCUMENT

Name Internet address


ADB annual report 2002 - Cambodia http://www.adb.org/Documents/Reports/Annual_Report/200
2/CAM.asp
AFTA http://www.aseansec.org/2002_cept_bycountry.htm
Agreement on Promotion and Protection of http://www.bigpond.com.kh/Council_of_Jurists/Treaties/tri
Investment between Cambodia and 007g.htm
Thailand
Amending and Supplementing the Issuance http://www.moc.gov.kh/laws_regulation/prk3416-99-
of Certificates of Origin, Commercial moc_co.htm
Invoices, and Export Licenses for Exported
Garments, Prakas No. 3413/MOC
Anukret No. 11/ANK/BK on BOT Contract http://www.moc.gov.kh/laws_regulation/econo_devepment/
ank-bot.htm
Anukret No. 63/ANK/BK on Conferring http://www.moc.gov.kh/laws_regulation/part8_sustainable/a
the Right to Sell and Export Rubber nk63_93_rubber.htm
Products to the Ministry of Agriculture,
Forestry and Fisheries, October 13 1994
Anukret No. 80/ANK/BK on Measures http://www.moc.gov.kh/laws_regulation/econo_devepment/
Restricting Certain Investment Sector 1999 ank80-99-lol_neg-list.htm
Anukret No. 88 on the Implementation of http://www.moc.gov.kh/laws_regulation/econo_devepment/
the Law on Investment ANK88-CDC.htm
Application form from the CDC http://www.cambodiainvestment.gov.kh/Application.asp
Apsara Radio and TV Channel 11 http://www.apsaratv.com.kh/pro_tv9.htm
ASEAN http://www.aseansec.org/home.htm
Asian Highway status map of Cambodia http://www.unescap.org/tctd/ah/cambodia.htm#statusmap
Banking and Financial Institution Law http://www.moc.gov.kh/laws_regulation/rkm1199-13-
bank_financial.htm
Banking and Financial Institutions Law in http://www.bigpond.com.kh/Council_of_Jurists/Banque/KR
1999 M19_11_13E.htm
Bayon Radio and Television http://www.bayontv.com.kh
Cambodia - United States of America http://www.bigpond.com.kh/Council_of_Jurists/Treaties/tri
Investment Treaty 002f.htm
Cambodia Commercial Bank http://www.ccb-cambodia.com/
Cambodia Council of Jurists http://www.bigpond.com.kh/Council_of_Jurists/z/Typolg.ht
m
Cambodia Daily http://www.camnet.com.kh/cambodia.daily/
Cambodia Investment Board (CIB)/Council http://www.cambodiainvestment.gov.kh/default.asp
for the Development of Cambodia (CDC)
Cambodia-US Agreement http://web.ita.doc.gov/Otexa/OTEXAGRE.NSF/main-view
CAMCONTROL http://www.camcontrol.gov.kh/
Canada Bank Ltd. http://www.canadiabank.net/
Constitution, 1993 http://www.bigpond.com.kh/Council_of_Jurists/Constit/con
s001g.htm
Council for the Development of Cambodia http://www.cambodiainvestment.gov.kh/default.asp
Decision No. 65 on the Annulment the http://www.moc.gov.kh/laws_regulation/part8_sustainable/s
Existing Procedure for Timber Export, 18 sr65_94_annul.htm
June, 1994
Draft Amended Investment Law http://www.moc.gov.kh/laws_regulation/draft_laws-
comment/Draft_LawsUpdate/Draft Amended Law on
Investment.pdf
Draft Customs Law http://www.moc.gov.kh/laws_regulation/draft_laws-
comment/Draft_LawsUpdate/Draft Law on Customs-
15August02.pdf
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Draft Law on Copyright and Related http://www.moc.gov.kh/laws_regulation/New_Update/Law


Rights, 2002 on Copyright-31May 2002.pdf
Draft Law on Patent, Utility Models and http://www.moc.gov.kh/laws_regulation/draft_laws-
Industrial Designs, 2003 comment/Draft_LawsUpdate/Draft Patent, Utility Models,
IDs Law.pdf
ELVIS (Electronic Visa Information http://web.ita.doc.gov/Otexa/OTEXAGRE.NSF/
System) Visa Arrangement
EU-Cambodia Textile Trade Agreement http://europa.eu.int/comm/external_relations/cambodia/intro
/index.htm
Foreign Trade Bank http://www.ftbbank.com/
Japan Ministry of Foreign Affairs http://www.mofa.go.jp/policy/economy/gsp/
Labour Law, 1997 http://www.moc.gov.kh/laws_regulation/rkm_labor_law_97
.htm
Law on Commercial Regulations and http://www.bigpond.com.kh/Council_of_Jurists/Commerce/
Commercial Register, 1995 com002g.htm
Law on Foreign Exchange, 1997 http://www.moc.gov.kh/laws_regulation/rkm897-03-
foreign.htm
Law on Import and Export Duties, 1989 http://www.camnet.com.kh/customs/LAW89.htm
Law on Investment, 1994 http://www.cambodiainvestment.gov.kh/documents/TCAM
3.1.1laws Investment Law.doc
Law on Marks, Trade Name and Acts of http://www.globalcompetitionforum.org/regions/asia/Camb
Unfair Competition, 2002 odia/02lw-TrademarCompet1.pdf
Law on Taxation http://www.moc.gov.kh/laws_regulation/rkm97_taxation_la
w.htm
Law on the Management of Quality and http://www.moc.gov.kh/laws_regulation/rkm0600-01-
Safety of Products and Services product_safety.htm
Mekong River Commission http://www.mrcmekong.org/
Memorandum of Understanding between http://www.moc.gov.kh/Trade_Agreement/canada_21jan03.
Cambodia and Canada htm
Ministry of Commerce http://www.moc.gov.kh/
National Television of Cambodia http://www.tvk.gov.kh/english/default.html
New extension of United States of America http://www.ustr.gov/releases/2002/01/02-03.htm
-Cambodian Textile Agreement
Office of Textiles and Apparel, United http://otexa.ita.doc.gov/
States of America
Phnom Penh Post http://www.phnompenhpost.com/
Prakas on Measures Against Food Products http://www.camcontrol.gov.kh/food_laws.html
Devoid of Appropriate Packaging Label
Pre-shipment inspection regulations - http://www.moc.gov.kh/laws_regulation/New_Update/PSI
Annex Regulations Annex. Pdf
Protocol on Dispute Settlement http://www.aseansec.org/4924.htm
Mechanism, 1996
Radio and Television 3 http://www.tv3.com.kh/
Rubber import, export, transport and http://www.maff.gov.kh/aboutus.html
equipment company
Singapore Banking Corp. http://www.sbc-bank.com/index.htm
Television Station Channel 9 http://www.tv9.com.kh/profile.html
The issuance of the Certificate of Origin, http://www.moc.gov.kh/laws_regulation/prk1437-99-
Commercial Invoice and Export Licence moc_ci.htm
for Garments, Prakas No. 1347/MOC/PRK
Trade section of the European Commission http://trade-
info.cec.eu.int/doclib/docs/2003/april/tradoc_111331.pdf
UNESCAP http://www.unescap.org/
United States of America Apparel quota http://www.ustr.gov/releases/2000/05/00-39.html
increase
WTO http://www.wto.org/

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Part Five: Tips for visitors to Cambodia 48 of 48

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