Physical books
- 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 import and export of books conformed to copyright law is covered only for physical books. It also helps the import and export procedure to be more efficient and effective as well as to prevent illegal activities within and into Cambodia.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
All kinds of import and export of the books must be covered under the coverage of the Law on Copyright and Related Rights of Cambodia, promulgated by Royal Decree No. NS/RKM/0303/008 dated 5 March 2003.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to all sorts of import and export of books from all countries in the world and does 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?
There is no restriction on the quantity or value of import or export, which ensures the free movement of books and enhancements for education, researches, and publication industry. The purpose of the licensing system aims to prevent illicit trafficking and infringement of copyright and related rights.
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?
According to Article 64 para 1 and 3 of the Law on Copyright and Related Rights of Cambodia, infringements on any import and export of production, reproduction, or performance, or communication to the public, in violation of the author's right, are offences which must be punished by law, six to 12 months in prison and/or 2,000,000 to 10,000,000 Riels fine. In addition, Article 10 para 2, the Prakas (proclamation) No. 186 on the book services and business management dated 27 July 2011, all books are subject to import and export shall have approval by the Ministry of Culture and Fine Arts for the purpose to ensure the legitimate exploitation of books and copyright infringement in the Kingdom of Cambodia. And Joint Prakas No. 657 SHV on public services of the culture, between the Ministry of Culture and Fine Arts and the Ministry of Economy and Finance, Annex F.40 of books export and import services charge dated 6 June 2016.
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 a license can be made within seven days.
Q7.b. Can a licence be granted immediately on request?
Yes, if all required documents are complete or upon urgent request by importers.
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 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?
Yes, license applications are effected by only one office which is the Department of Copyright of the Ministry of Culture and Fine Arts.
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 or the related imports have issues with Cambodia's Copyright and Related Rights Law or other registered imports.
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 if they have acceptable and legal purpose for their exports and imports.
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?
The documents for exporting and importing books are:- Application for Export and Import books - 1 Copy- List of Books for Export/Import - 1 Copy- Contract for export and import books - 1 Copy- Text works - 1 Copy- Identification - 1 Copy- Business License - 1 Copy- Letter of rights - 1 Copy
Q11. What documents are required upon actual importation?
Same as Answer 10.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Yes, a fee of 60,000 (Riels) for the administrative charge.
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 required associated with the issue of licences. The period of issuance of a licence is one week and the fee is paid on the day of the issuance of the licence 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?
A license has a validity period of one year. The validity of a license can be extended through the same process as the first application for license. The licenses are provided validation for one year from the issuance date, which is the purpose for one-time importation or exportation without limit or restriction of quantity or value of the book.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No penalty if the license has not been utilized.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers. The importers have to request an application for any related licences that they intend to have from the Ministry of Culture and Fine Arts with necessary supporting documents and comply with the agreements made in the licences.
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 attached other than those specified in point 10. The importers must specify the number of books they intend to import and follow the agreements made in the contact such as obeying all the provisions in the law of Constitution and Copyright and related rights, not affecting the tradition and custom in the negative way, conforming to the instructions of the Ministry of Culture and Fine Arts, cooperate with relevant ministries and constitutions, and not using the licence for illegal purposes.
Other Procedural Requirements
Q18. Are there any other 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?
The payment is made in Cambodia's Currency (Riel) only. However, agreement can be made for foreign currency to be exchanged by Banks or Exchanging Agencies.