Chemical substances
- 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.
Referring to the Anukret (Sub-Decree) No.17 ANK/BK on the Enforcement of the List of Prohibited and Restricted Goods dated on 26 February 2020, the Institute of Standards of Cambodia of the Ministry of Industry, Science, Technology and Innovation is in charge of Chemical Substance Import and Export Licenses. The objective of Chemical Substance Import and Export Licenses is to ensure standard and target uses of each chemical substance used in the manufacture and production.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The purpose of a chemical substance import and export license is to manage and control the appropriate use of chemical substances in the production and manufacture in order to ensure safety and protect human and animal health and environment. The system will cover all chemical substances listed in the Anukret (Sub-Decree) No. 17 ANK/BK on the Enforcement of the List of Prohibited and Restricted Goods dated on 26 February 2020 which is under the responsibility of the Ministry of Industry, Science, Technology and Innovation.
Q3. The system applies to goods originating in and coming from which countries?
The license is intended to restrict the quantity of import but only for investment factory or manufacture. The system applies to chemical substances 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 license is intended to restrict the quantity of import but only for investment factory or manufacture.
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?
The Anukret (Sub-Decree) No.17 ANK/BK on the Enforcement of the List of Prohibited and Restricted Goods dated on 26 February 2020 only.
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:
Matrix of chemical substances import and export license via Cambodia National Single Window (CNSW)
(See attached)
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)?
The application must be applied for a license before goods arrived at port of entry.
Q7.b. Can a licence be granted immediately on request?
The minimum and maximum length of time for processing applications is five working days.
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.
There are no limitations as to the period of the year in which an application for a licence 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 application is effected by a single administrative organ, the Institute of Standards of Cambodia of the Ministry of Industry, Science, Technology and Innovation.
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?
The license shall be presented to the custom authorities and the Cambodia Development Council (CDC). There are some circumstances of application refusal to give a license such as:
Incomplete documents submitted by applicants. Inappropriate use of chemical substance.
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 licenses.
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?
Check list for chemical license: (a) Application form; (b) Company statute; (c) Valid patent tax; (d) Certificate of incorporation; (e) Certificate of tax registration (VAT); (f) Invoice and packing list; (g) Material safety data sheet.
Q11. What documents are required upon actual importation?
Check list for chemical license: (a) Application form; (b) Company statute; (c) Valid patent tax; (d) Certificate of incorporation; (e) Certificate of tax registration (VAT); (f) Invoice and packing list; (g) Material safety data sheet.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The license fee is determined by Joint-Prakas (Joint regulation) between the Ministry of Economy and Finance and the Ministry of Industry, Science, Technology and Innovation.
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.
No deposit or advance payment required.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The periods of validity of a license are three months, six months and one year depending on the type of company and target use and it cannot be extended.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a license or a portion of a license.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The license is attached to the factory and manufacture and cannot be transferred.
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?
No other conditions beside conditions stated in Answer 10 and 11.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No other procedural requirements.
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?
Normally, our concern is only the price of goods converted into Cambodian currency at the time of submission of documents.