Wood and wood by-products
- Document symbol
- G/LIC/N/3/KHM/5
- Original language
- English
- Published on
- 08/05/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
According to Article 73 of the Law on Forestry of 31 August 2002 and Sub-Decree No. 209 of 31 December 2007 and amended to Anukret (Sub-Decree) No. 17 ANK/BK on the Enforcement of the List of Prohibited and Restricted Goods dated 26 February 2020 (Changed List of Goods in Annex 1), the license for export/import of forestry products and by products shall be issued by the Ministry of Commerce, after the issuance of a visa by the Head of Forestry Administration. This license shall be extended by the Ministry of Commerce.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Currently, under Prakas No. 078 on Procedure of Issuing Export and Import License of the Ministry of Commerce dated 1 March 2013, only one type of import licensing has been applied for products falling in Annex I of Sub-Decree No. 17 dated 26 February 2020.
Q3. The system applies to goods originating in and coming from which countries?
Cambodia has no discriminatory policy regarding the country of origin of the imported commodities. The import licensing system is applied to goods originating in and coming from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The licensing procedures are not intended to restrict the quantity or value of the imports. The purposes of utilizing import licensing procedures are necessary for:
- Protection of national security;
- Protection of public order and standards of decency and morality;
- Protection of human, animal or plant life or health;
- Protection of national treasures of artistic, historic or archaeological value;
- Compliance with the provisions of any legislation of The Kingdom of Cambodia currently in force;
- The fulfilment of obligations under the Charter of the United Nations.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Import licensing applies only to prohibited and restricted goods under law and Regulations (Goods listed in Annex I of Sub-Decree No. 209 in 2007 and amended to Sub-Decree No. 17 on 26 February 2020).
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Application for importation can be made at any time.
Q7.b. Can a licence be granted immediately on request?
An import license cannot be granted immediately upon request. Prior review of the application is required. The license could be granted in 16 hours/working day if all required documents are approved.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
The limitation period and quantity of importation is approved by the Government and relevant Ministries. The Ministry of Commerce issues import licenses based on that decision.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
It depends on the goods, an import license under the Ministry of Commerce is required, and a visa from the Forestry Administration, Ministry of Agriculture Forestry and Fisheries (MAFF) before final approval by the Ministry of Commerce (Forestry Law).
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
An application for a license can be refused if the required documents are not met.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons, firms and institutions are eligible to apply for a license.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Documentation and other requirements for application of import license are:
- Letter from the Cabinet of Ministers/Relevant Ministries (MAFF, MOE…);
- Application;
- Business Registration Certificate;
- Sales contract;
- Visa approved by the Forestry Administration, MAFF (For Processed Wood only);
- Administration Fee Receipt;
- Certificates of Origin of Exporter;
- Bill of Lading;
- Other necessary documents.
Q11. What documents are required upon actual importation?
At the time of actual importation, the import license must be presented to the customs at the port where the entry takes place.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Administration Fee for an import license: 400,000KH Riels equal to US$100 for other of processed wood and 800,000 KH Riels equal to US$200 for processed wood.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
The import license is available once the administration fee has been made and is not refundable.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The license is valid for three months and can be extended only twice, first extension 45 days, second extension 30 days.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization of a license, the licence is revoked.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
A license is not transferable between importers.