Ozone-depleting substances and air conditioning
- 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.
In accordance with Anukret (Sub-Decree) No. 17 ANK.BK on the Enforcement of the List of Prohibited and Restricted Goods dated 26 February 2020 by the Royal Government of Cambodia and its Annexes that require a permission to import issued by the Ministry of Environment.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The permission to import is issued by the Ministry of Environment required of ODS and HFC substances listed below:
HS Code | Name/Group | Chemical Name | Formula |
---|---|---|---|
Section A Group 1 | |||
2903.77.00 | CFC-11 | Trichlorofluoromethane | CFCL3 |
2903.77.00 | CFC-12 | Dichlorodifluoromethane | CF2CL2 |
2903.77.00 | CFC-113 | Trichlorotrifluoroethane | C2F3CL3 |
2903.77.00 | CFC-114 | Dichlorotetrafluoroethanes | C2F4CL2 |
2903.77.00 | CFC-115 | Chloropentafluoroethane | C2F5CL |
Section A Group 2 | |||
2903.76.00 | Halon-1211 | Bromochlorodifluoromethane | CF2BrCL |
2903.76.00 | Halon-1301 | Bromotrifluoromethane | CF3Br |
2903.76.00 | Halon-2402 | Dibromotetrafluoroethanes | C2F4Br2 |
Section B Group 1 | |||
2903.77.00 | CFC-13 | Chlorotrifluoromethane | CF3CL |
2903.77.00 | CFC-111 | Pentachlorodifluoroethane | C2FCL5 |
2903.77.00 | CFC-112 | Tetrachlorodifluoroethane | C2F2CL4 |
2903.77.00 | CFC-211 | Heptachlorofluoropropane | C3FCL7 |
2903.77.00 | CFC-212 | Hexachlorodifluoropropane | C3F2CL6 |
2903.77.00 | CFC-213 | Pentachlrorotrifluoropropane | C3F3CL5 |
2903.77.00 | CFC-214 | Tetrachlorotetrafluoropropane | C3F4CL4 |
2903.77.00 | CFC-215 | Trichloropentafluoropropane | C3F5CL3 |
2903.77.00 | CFC-216 | Dichlorohexafluoropropane | C3F6CL2 |
2903.77.00 | CFC-217 | Chloroheptafluoropropane | C3F7CL |
Section B Group 2 | |||
2903.14.00 | Tetrachlormethane of carbon tetrachloride | CCL4 | |
Section B Group 3 | |||
2903.19.20 | 1,1,1-trichloroethane (methyl chloroform) | C2H3CL3 | |
Section C Group 1 | |||
2903.79.00 | HCFC-21 | Dichlorofluoromethane | CHFCL2 |
2903.71.00 | HCFC-22 | Chlorodifluoromethane | CHF2CL |
2903.79.00 | HCFC-31 | Chlorofluoromethane | CH2FCL |
2903.79.00 | HCFC-121 | Tetrachlorofluoroethanes | C2HFCL4 |
2903.79.00 | HCFC-122 | Trichlorodifluoroethanes | C2HF2CL3 |
2903.72.00 | HCFC-123 | Dichlorotrifluoroethanes | C2HF3CL2 |
2903.72.00 | HCFC-123 | 2,2-dichloro-1,1,1-trifluoroethanes | CHCL2CF3 |
2903.79.00 | HCFC-124 | Chlorotetrafluoroethanes | C2HF4CL |
2903.79.00 | HCFC-124 | 2-chloro-1,1,1,2-tetrafluoroethane | CHFCLCF3 |
2903.79.00 | HCFC-131 | Trichlorofluoroethanes | C2H2FCL3 |
2903.79.00 | HCFC-132 | Dichlorodifluoroethanes | C2H2F2CL2 |
2903.79.00 | HCFC-133 | Chlorotrifluoroethanes | C2H2F3CL |
2903.73.00 | HCFC-141 | Dichlorofluoroethanes | C2H3FCL2 |
2903.73.00 | HCFC-141b | 1,1-dichloro-1-fluoroethane | CH3CFCL2 |
2903.74.00 | HCFC-142 | Chlorodifluoroethanes | C2H3F2CL |
2903.74.00 | HCFC-142b | 1-chloro-1,1-difluoroethane | CH3CF2CL |
2903.74.00 | HCFC-151 | Chlorofluoroethanes | C2H4FCL |
2903.75.00 | HCFC-221 | Hexachlorofluoropropanes | C3HFCL6 |
2903.75.00 | HCFC-222 | Pentachlorodifluoropropanes | C3HF2CL5 |
2903.75.00 | HCFC-223 | Tetrachlorotrifluoropropanes | C3HF3CL4 |
2903.75.00 | HCFC-224 | Trichlorotetrafluoropropanes | C3HF4CL3 |
2903.75.00 | HCFC-225 | Dichloropentafluoropropanes | C3HF5CL2 |
2903.75.00 | HCFC-225ca | 1-1-dichloro-2,2,3,3,3-pentafluoropropane | CF3CF2CHCL2 |
2903.75.00 | HCFC-225cb | 1,3-dichloro-1,2,2,3,3-pentafluoropropane | CF2CLCF2CHCLF |
2903.75.00 | HCFC-226 | Chlorohexafluoropropanes | C3HF6CL |
2903.79.00 | HCFC-231 | Pentachlorofluoropropanes | C3H2FCL5 |
2903.79.00 | HCFC-232 | Tetrachlorodifluoropropanes | C3H2F2CL4 |
2903.79.00 | HCFC-233 | Trichlorotrifluoropropanes | C3H2F3CL3 |
2903.79.00 | HCFC-234 | Dichlorotetrafluoropropanes | C3H2F4CL2 |
2903.79.00 | HCFC-235 | Chloropentafluoropropanes | C3H2F5CL |
2903.79.00 | HCFC-241 | Tetrachlorofluoropropanes | C3H3FCL4 |
2903.79.00 | HCFC-242 | Trichlorodifluoropropanes | C3H3F2CL3 |
2903.79.00 | HCFC-243 | Dichlorotrifluoropropanes | C3H3F3CL2 |
2903.79.00 | HCFC-244 | Chlorotetrafluoropropanes | C3H3F4CL |
2903.79.00 | HCFC-251 | Trichlorotetrafluoropropanes | C3H4FCL3 |
2903.79.00 | HCFC-252 | Dichlorodifluoropropanes | C3H4F2CL2 |
2903.79.00 | HCFC-253 | Chlorotrifluoropropanes | C3H4F3CL |
2903.79.00 | HCFC-261 | Dichlorofluoropropanes | C3H5FCL2 |
2903.79.00 | HCFC-262 | Chlorodifluoropropanes | C3H5F2CL |
2903.79.00 | HCFC-271 | Chlorofluoropropanes | C3H6FCL |
Section C Group 2 | |||
2903.79.00 | Dibromofluoromethane | CHFBr2 | |
2903.79.00 | HBFC-22B1 | Bromodifluoromethane | CHF2Br |
2903.79.00 | Bromofluoromethane | CH2FBr | |
2903.79.00 | Tetrabromofluoroethane | C2HFBr4 | |
2903.79.00 | Tribromodifluoroethane | C2HF2Br3 | |
2903.79.00 | Dibromotrifluoroethane | C2HF3Br2 | |
2903.79.00 | Bromotetrafluoroethane | C2HF4Br | |
2903.79.00 | Tribromofluoroethane | C2H2FBr3 | |
2903.79.00 | Dibromodifluoroethane | C2H2F2Br2 | |
2903.79.00 | Bromotrifluoroethane | C2H2F3Br | |
2903.79.00 | Dibromofluoroethane | C2H3FBr2 | |
2903.79.00 | Bromodifluoroethane | C2H3F2Br | |
2903.79.00 | Bromofluoroethane | C2H4Br | |
2903.79.00 | Hexabromofluoropropane | C3HFBr6 | |
2903.79.00 | Pentabromodifluoropropane | C3HF2Br5 | |
2903.79.00 | Tetrabromotrifluoropropane | C3HF3Br4 | |
2903.79.00 | Tribromotetrafluoropropane | C3HF4Br3 | |
2903.79.00 | Dibromopentafluoropropane | C3HF5Br2 | |
2903.79.00 | Bromohexafluoropropane | C3HF6Br | |
2903.79.00 | Pentabromofluoropropane | C3H2FBr5 | |
2903.79.00 | Tetrabromodifluoropropane | C3H2F2Br4 | |
2903.79.00 | Tribromotrifluopropane | C3H2F3Br3 | |
2903.79.00 | Dibromotetrafluoropropane | C3H2F4Br2 | |
2903.79.00 | Bromotetrafluoropropane | C3H2F5Br | |
2903.79.00 | Tetrabromofluoropropane | C3H3FBr4 | |
2903.79.00 | Tribromodifluoropropane | C3H3F2Br3 | |
2903.79.00 | Dibromotrifluopropane | C3H3F3Br2 | |
2903.79.00 | Bromotetrafluoropropane | C3H3F4Br | |
2903.79.00 | Tribromofluoropropane | C3H4FBr3 | |
2903.79.00 | Dibromodifluoroprapane | C3H4F2Br2 | |
2903.79.00 | Bromotrifluopropane | C3H4F3Br | |
2903.79.00 | Dibromofluoropropane | C3H5FBr2 | |
2903.79.00 | Bromodifluoropropane | C3H5F2Br | |
2903.79.00 | Bromofluoropropane | C3H6FBr | |
Section C Group 3 | |||
2903.79.00 | Bromochloromethane | CH2BrCL | |
Section D Group 1 | |||
2903.39.10 | MB | Methyl bromide | CH3Br |
Section E Group 1 | |||
2903.39.90 | HFC-134 | 1,1,2,2-Tetrafluoroethane | CHF2CHF2 |
2903.39.90 | HFC-134a | 1,1,1,2-Tetrafluoroethane | CH2FCF3 |
2903.39.90 | HFC-143 | 1,1,2-Trifluoroethane | CH2FCHF2 |
2903.39.90 | HFC-245fa | 1,1,1,3,3-Pentafluoropropane | CHF2CH2CF3 |
2903.39.90 | HFC-365mfc | 1,1,1,3,3-Pentafluoro-n-butane | CF3CH2CF2CH3 |
2903.39.90 | HFC-227ea | 1,1,1,2,3,3,3-Heptafluoropropane | CF3CHFCF3 |
2903.39.90 | HFC-236cb | 1,1,1,2,2,3-Hexafluoropropane | CH2FCF2CF3 |
2903.39.90 | HFC-236ea | 1,1,1,2,3,3-Hexafluoropropane | CH F2CH FCF3 |
2903.39.90 | HFC-236fa | 1,1,1,3,3,3-Hexafluoropropane | CF3CH2CF3 |
2903.39.90 | HFC-245ca | 1,1,2,2,3-Pentafluoropropane | CH2FCF2CHF2 |
2903.39.90 | HFC-43-10mee | 1,1,1,2,2,3,4,5,5,5-Decafluoropentane | CF3CHFCHFCF2CF3 |
2903.39.90 | HFC-32 | Difluoromethane | CH2F2 |
2903.39.90 | HFC-125 | Pentafluoroethane | CHF2CF3 |
2903.39.90 | HFC-143a | 1.1.1-trifluoroethane | CH3CF3 |
2903.39.90 | HFC-41 | Fluoromethane | CH3F |
2903.39.90 | HFC-152 | 1,2-difluoroethane | CH2FCH2F |
2903.39.90 | HFC-152a | 1,1-Difluoroethane | CH3CHF2 |
Section E Group 2 | |||
2903.39.90 | HFC-23 | Trifluoromethane | CHF3 |
3824.71.90 | R-500 | CFC-12 / HFC-152a | |
3824.71.90 | R-502 | HCFC-22 / CFC-115 | |
3824.74.90 | R-401A | HCFC-22/HFC-152a/HCFC-124 | |
3824.74.90 | R-406A | HCFC-22/HC-600a/R-142b | |
3824.74.90 | R-408A | HCFC-22/HFC-143a/HFC-125 | |
3824.74.90 | R-409A | HCFC-22/HCFC-124/HCFC-142b | |
3824.74.90 | R-415B | R-22/R-152a (25/75) | |
3824.74.90 | R-418A | HC-290/HCFC-22/HFC-152a | |
2903.39.90 | HFC-1,2,3,4yf | 2,3,3,3-Tetrafluoropropene | CH2=CFCF3 |
3824.78.00 | R-404A | R143a/125/134a | |
3824.78.00 | R-507A | R143a/125 | |
3824.78.00 | R-407A | R32/125/134a | |
3824.78.00 | R-407B | R32/125/134a | |
3824.78.00 | R-407C | R32/125/134a | |
3824.78.00 | R-410A | R32/125 | |
3824.78.00 | R-508A | R23/116 | |
3824.78.00 | R-508B | R23/116 | |
2711.13.00 | HC-600 | Butane | CH3CH2CH2CH3 |
2711.13.00 | HC-600a | Iso-Butane | C4H10 |
2711.12.00 | HC-290 | Propane | C3H8 |
Q3. The system applies to goods originating in and coming from which countries?
The system will apply to any countries that are parties to the Conventions/Protocols/Agreements that Cambodia is also the party. For non-party, Cambodia cannot export to or import from, like Ozone Depleting Substances (ODS) and HFCs and products containing or designing to use of Ozone Depleting Substances. Cambodia can only import from or export to the parties which are the parties to Montreal Protocol on Substances that Deplete the Ozone Layer.
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?
Under the Montreal Protocol Ozone Depleting Substances there are obligations in which parties apply for the reduction and phase out of ODS and HFCs in some target years; therefore, the import of ODS and HFCs have to apply the yearly quota and license per shipment, to make sure that the import of such ODS are not over the quota of a target year. Cambodia is one of the parties to the Montreal Protocol; therefore, Cambodia has to apply the rules and obligations of the Montreal Protocol.
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?
In accordance with Sub-Decree No.047 on Ozone Depleting Substances (ODS) Management, dated 17 March 2005 and Sub-Decree No. 192 on the revision of article 4, 5, 14, 19, 20, 23 and Annex 1 and Annex 2 of Sub-Decree No. 47, dated 30 September 2021 which under the Department of Air Quality and Noise Management, the General Directorate of Environmental Protection, the Ministry of Environment is responsible for issuing the license and impose the license fees to control and verify the relevant activities involving ODS and HFC management in Cambodia.
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?
Under Sub-Decree on ODS Management, importers and exporters of ODS and ODS-dependent products are required to first register with the MOE and apply for a quota. For each shipment, a registered importer needs to apply for an import permit from the MOE. The importer needs to show the import permit to the Customs along with other supporting documents before the shipment can be cleared. Therefore, the MOE can maintain its records of imports and later check with the General Department of Customs and Excise to verify and reconcile the import data. This exercise is carried out prior to the reporting of data to the Ozone Secretariat and the Multilateral Fund Secretariat.
For ODS, the MOE has set quotas for individual importers and gives an import permit to any registered importer depending on the quotas they have. The import permit will be given by the MOE once it determines that the accumulated requested quantity would not exceed the annual quotas the importer received. For ODS, after the importer has cleared the shipment, the importer must inform the MOE for them to inspect and apply the license sticker to the imported cylinders.
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?
The quota is yearly based.
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.)
The license is allotted only for ODS import only as control under the Montreal Protocol on Substances that Deplete the Ozone Layer. Each time when applying for an import licence, the company has to submit the customs declaration. No, unused allocations are not added to quotas for a succeeding period. Yes, the names of importers to whom licences have been allocated are made known to governments and export promotion bodies of exporting countries upon request.
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?
The company has to apply for a quota before 1 November each year for the next year importing.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
One month for processing of application, means that the quota will be available for collecting by the import company on 1 December.
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
The quota is annually.
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?
The license is accepted by all concerned institutions.
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?
The implementation of an ODS import quota system has been in operation since 2005. Any companies wishing to import ODS in the next year have to apply for a permit consistent with the national quota before 1 of November of the current year. The allocation of an annual quota is based on historical import statistics of the importers in the previous year. Moreover, the Ministry of Environment (MoE) allocates a certain amount of ODS (about 10% of total quota) as a "buffer" for any new importers. Prior to the issuance of import permits to importers, MOE will verify that the requested quantity would not cause the annual consumption to exceed the reduction target as agreed with the Montreal Protocol ExCom.
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?
After getting the annual quota, the company needs to get the import license per shipment from MoE if they wish to import ODS and HFCs.
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?
There is a system like informal Prio-inform consent (iPIC), if one company would like to import ODS to Cambodia, the focal point of the exporting country will send an email notification to the focal point in Cambodia to verify that the company still has the available quota to import such amount into Cambodia or not. If the response is yes, the exporting country will process to export, if not the exporting country will reject to export such amount to Cambodia.
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
This one applies for transit; however, this is very rare to have transit ODS.
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)?
Q7.b. Can a licence be granted immediately on request?
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.
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?
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?
Cambodia never has this experience, as never rejection of a single application.
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 under restrictive licensing systems. A legal or natural person wishing to import or export or transit ozone depleting substances as stipulated in annexes of the Montreal Protocol or in the table mentioned above shall register with the Ministry of Environment to get the annual quota and license. The registration is free.
Article 4 of Sub-Decree on ODS Management: Legal or natural person wishing to import of control substances/refrigerants as stipulated in Annex 1 of this Sub-Decree on ODS Management shall register and get a quota from the Ministry of Environment.
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?
Yes, the company detail, and the purpose of using ODS in Cambodia. For products subject to quantitative restriction the importer will need to attach the bill of lading, packing list, invoice, customs declaration in the previous shipment.
Q11. What documents are required upon actual importation?
Customs declaration for applying the new license.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Yes, will depend on the amount of ODS imported.
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.
There is no deposit or advance payment requirement associated with the issue of licenses on this current practice.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
One year for quota.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No, there is no penalty for the non-utilization of a licence or portion of a license.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licenses are not transferable between importers, but we can reduce the quota allocation for the company who does not operate or use the quota in the first six months.
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?
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other additional administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation.
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?
Yes, foreign exchange is automatically provided by the banking authorities for goods to be imported. Foreign exchange is always available to cover licenses issued.