Live animals and animal 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.
The licensing system for live animals and animal products covers all animals and animal products and is part of a broad and comprehensive effort to protect animal and human health.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Live animals and animal products.
ln Sub-Decree No.16 on Sanitary Inspection of Animal and Animal Products
Animals mean:
- Domestic and wild quadruped animals, including their breeding families;
- Domestic and wild birds, including their breeding families;
Animal products mean:
- Dead or slaughtered animals, carcass or part of carcass that have not been cooked or processed into other products;
- Tusks, horns, fur and feathers from living or dead animals, which have not been processed;
- Meat or any animal products for supply for human food, animal feed, used in public health, agriculture or industrial purposes. Royal Decree No. NS/RK/O 1 16/003 promulgated Law on Animal Health and Production.
Q3. The system applies to goods originating in and coming from which countries?
Both systems apply to products originating in all countries and do not discriminate by country of origin.
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 is not intended to restrict the quantity or value of imports, rather, it is designed to assist in the regulation and monitoring of the movement of animals and animal products into Cambodia, in order to prevent the spread of animal infectious diseases and protect animal and human health, and to enforce veterinary rules on import, export, transportation of animals and animal products from one place to another within the Kingdom of Cambodia. The importation of animals and animal products that contain infectious disease agents specified in the list of animal infectious diseases is prohibited.
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 is regulated by Sub-Decree No. 16 of 13 March 2003 on the Sanitary Inspection of Animal and Animal Products, and Regulation No. 178 of 18 May 2009 on the Sanitary Inspection of Animal and Animal Products. The list of products subject to licensing is specified in the Sub‑Decree. The Royal Government can nullify the Sub-Decree without reference to the legislature. Royal Decree No. NS/RK/O116/003 promulgated Law on Animal Health and Production.
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)?
Importers must submit an application form and identify specific products to receive an importing license.
Q7.b. Can a licence be granted immediately on request?
The License is issued for importers who receive the approval of the application request from the General Directorate of Animal Health and Production/ Ministry of Agriculture, Forestry and Fisheries.
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.
No. There are no limitations as to the period of the year during which application for license and/or importation may be made.
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?
The issuance of an import license is administrated by the General Directorate of Animal Health and Production after receiving the approval by the Ministry of Agriculture, Forestry and Fisheries.
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 will be refused only if the necessary documentation is absent or incomplete. Applicants may appeal a refusal to issue a license to the Minister of Agriculture, Forestry and Fisheries. It may also be refused if there has been a recent outbreak of disease in the area from which the animals originate.
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?
Any persons or legal entities registered with the Ministry of Commerce to do business in Cambodia may apply for a sanitary inspection and an import 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?
An importer who wishes a license, should address a letter to the Ministry of Agriculture, Forestry and Fisheries through the General Directorate of Animal Health and Production requesting a license. The letter must be accompanied by the applicant's business license issued by the Ministry of Commerce; sanitary certificates issued by the exporting country; and animal or animal products identification.
Q11. What documents are required upon actual importation?
The documents required upon actual importation:
- Business license issued by the Ministry of Commerce;
- Import license issued by the Ministry of Agriculture, Forestry and Fisheries;
- Sanitary certificate issued by the exporting country;
- Animal or animal products identification;
- Contract between the owners of the goods and the General Directorate of Animal Health and Production.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no fee or charge for the import license, however, a service charge is levied to cover the cost of the sanitary inspection and a fee will be charged for laboratory tests, if these are required.
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.
Importers never pay a deposit or advance payments in association with an issuance of a license.
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 one year, and, upon request, can be extended.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No, but non-utilization will be taken into account in considering a subsequent license application.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No, import licences are not transferable to others.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
None, other than those specified under point 10, above.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There is no other administrative procedure.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Foreign exchange is freely available.