Newly made artifacts
- Document symbol
- G/LIC/N/3/KHM/6
- Original language
- English
- Published on
- 09/04/2025
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 import of art objects (Modern Art objects and Reproduced Art Objects). The licensing system for import of newly made are objects is designed to help and manage a potential risk of sensitive products which are prohibited to import from the country, and yet it is a comprehensive effort procedure to prevent illicit trafficking of cultural property from and into Cambodia's territory.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
It covers all newly made of art objects and a wide variety of materials which are refer to the National legal basis and ordinances legislation:
- Law on Protection of Cultural Heritage, 1996.
- Sub-decree No 98 September 17, 2002 Respecting Implementation of Cultural Heritage Protection.
- Inter-Miniterial Prakas No 657 June 06, 2016 the Ministry of Culture and Fine Arts with the Ministry of Economy and Finance on Public Services Fee.
Artifacts which are higher or taller than 200 cm and Reproduced art objects are not permitted import into the country.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to all products originating from all over the countries around the globe.
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 for import of art objects are not restricted to the quantity or value of imports. Rather, it is designed to assist in the regulation and monitoring of the movement of artifacts coming in and from Cambodia, in order to prevent illicit trafficking of antiquities. The purpose of the licensing system aims to prevent illicit trafficking. Yet to help and manage a potential risk of sensitive products which are coming in and from the country of import and export.
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 Administrative Order of the Ministry of culture and Fine Arts No. 169 Prakas regarding task and obligation of the Department of Antiquities, and Administrative Order No. 158 Prakas, concerning import and export of newly made artifacts regulated in 2019. All art objects imported into Cambodia's territory must obtain import licensing which is approved by the Ministry of Culture and Fine Art.
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):
Concerning the importation license, there is no restriction to the quantity or value of imports to the countries of importation, unless it is stated by the Government. Restriction is focused on illegal antiquity, artifacts which are sensitive to Cambodian culture, those of Khmer style which are made abroad and imported to Cambodia for business, those that are higher than 200cm. Question from I‑XI are not applicable.
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?
N/A
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?
N/A
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.)
N/A
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?
N/A
Q6.V. What are the minimum and maximum lengths of time for processing applications?
N/A
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
N/A
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?
N/A
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?
N/A
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?
N/A
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?
N/A
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
N/A
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
N/A
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)?
N/A
Q7.b. Can a licence be granted immediately on request?
N/A
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.
N/A
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?
N/A
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?
Applicants and import products have to meet importation procedures and requirements. The refusal is based on four categories, cultural products which badly effect the Cambodian culture, products which are the same in Cambodian artistic styles, antiquities and products over 200cm high.
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?
Persons, firms and institutions can apply for import authorizations, if they are eligible and meet the requirements as follows:
- Allow officials or authorized experts to inspect the import products and licensing fee is paid.
- Agreed with rules and regulations if something is wrong, for instance if the imported products are different from the import list, the goods will be refused importation into the country, or the importers will receive a fine and the goods may be returned to its original destination.
- Eligible Importer (Traders) could apply and online permit letter. For traders or agencies: Go to the website https://live.nsw.gov.kh/
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?
Applicants have to complete the importation forms and summit these to the Ministry of Cultural and Fine Arts which contain all the necessary information of importers or firms or institutions. Therefore, passport or ID Card (copy), photo, name, materials and size of import of artifacts, purchasing invoice, and authorization letter of the country of exportation are required.
Q11. What documents are required upon actual importation?
The usual customs documentation, the import license, list of import items with photograph and a transport permission letter issued by the Ministry of Culture and Fine Arts. Relevant documents related to the importation permit may be required at the port of entry.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
license fee is charged based on Regulation Order Inter-Ministerial Prakas No 657 June 06, 2016 the Ministry of Culture and Fine Arts with the Ministry of Economy and Finance on Public Services Fee.
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 is required; payment can be made once the license is issued and the amount of the license fee is based on quantity and size of the import of artifacts which is stated in Inter-Ministerial Prakas No 657 mentioned above. No refund policy is stated.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The validity is one month for each issued license. No policy for issued license to be extended. Once it is expired the importer needs to request a new license.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
The Ministry of Culture and Fine Arts has policy for penalty Export or Tries to export, without authorization, a cultural objects (Article 51 and Article 56) other relevant sectors such as customs may take action for any wrongdoing.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Issued licenses cannot be transferred from one to another.
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?
Conditions apply when issued import license as stated above in question No.4, and No.6.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
N/A
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?
Payment is paid in Cambodian currency. Foreign currency exchange is available through the banks or exchange agencies. Formalities to obtain foreign exchange is based on the bank's rules and regulations. Payment could be paid through E-payment.