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, radioactive chemical elements, radioactive isotopes, nuclear reactors, installations and apparatus require a permission to import issued by the Ministry of Mines and Energy (MME).

In accordance with Prakas No. 0321 on the Preparation and Operation of the Offices under the Departments of the General Departments of Energy of MME, the Department of Nuclear Science and Technology is responsible, among other functions, to implement the regulatory function to regulate, issue, amend, suspend or revoke the license and impose the license fees to control and verify the relevant activities involving the civilian nuclear applications and ionizing radiations.

In accordance with Prakas No. 0126 on the Management of Import and Use of Radioactive Substances and Radioactive Sources dated 1 April 2021 by the Ministry of Mines and Energy (MME), the legal entity that wishes to import and use radioactive substances and radioactive sources in the Kingdom of Cambodia shall have a permission letter issued by the Ministry of Mines and Energy.

Even in the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, import licenses are still required. Licenses are not issued automatically, importers have to request import licenses for goods listed in answer No. 2 (Purpose and Coverage of Licensing) from the Ministry of Mines and Energy.

The relevant legislations and regulations cover licensing for the import of radioactive chemical elements and isotopes; nuclear reactors, installation and apparatus, natural uranium and its compounds, uranium enrichment and its compounds, plutonium, thorium and its compounds, depleted uranium, radioactive elements/sources and isotopes and its compounds, spent (irradiated) fuel element of nuclear reactors, machinery and apparatus for isotopic separation and parts thereof.

The Prakas are applied for the management of import and use of all kinds of radioactive substances and radioactive sources being used in the civilian applications in the Kingdom of Cambodia, except for medicinal products used for cancer treatment, which are subject to separate regulations or determined by laws or regulations in force.

The permission to import issued by MME is required of the goods listed below:

The system applies to products originating in all countries and does not discriminate by country of origin.

Permission to import is not intended to restrict the overall quality or value of imports. The purpose of requirement for the permission to import is to ensure protection of national security; protection of human, animal or plant life or health; and that these goods are used in civilian applications and peaceful purposes only.

The Prakas put into force measures to manage the import and use of radioactive substances and radioactive sources, in order to promote the effectiveness of the management of radioactive substances and radioactive sources for the purpose of safety, security, transparency and accountability; protect people, animals and the environment from the harmful effects of radioactive substances and radioactive sources; and promote the implementation of obligations undertaken by the Kingdom of Cambodia related to the radiation safety and security for the use of the radioactive substances and radioactive sources.

The Prakas are listed below:

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; Anukret (Sub-Decree) No. 137 ANK/BK on the Preparation and Operation of the Ministry of Mines and Energy dated 31 October 2018 by the Royal Government of Cambodia; Prakas No. 0321 on the Preparation and Operation of the Offices under the Departments of the General Department of Energy dated 25 December 2018 by the Ministry of Mines and Energy, and Prakas No. 0126 on the Management of Import and Use of Radioactive Substances and Radioactive Sources dated 1 April 2021 by the Ministry of Mines and Energy (MME).

Based on current practice and regulations, there are no such cases where an advance importation is permitted, application for a license must be made. Licenses cannot be obtained within a shorter time-limit or for goods arriving at the port without a license.

A license cannot be granted immediately on request. In practice, the General Department of Energy of the Ministry of Mines and Energy is responsible to review and evaluate the permission letter applications.

There are no limitations as to the period of the year during which application for licence and/or importation may be made.

Consideration of license applications is not effected by a single administrative organ. In general practice, legal entities wishing to import and use radioactive substances and radioactive sources in the Kingdom of Cambodia shall have a permission letter issued by the Ministry of Mines and Energy.

All application forms shall be submitted to the One Window Service Office (OWSO) of the Ministry of Mines and Energy during the working hours of the working days only.

In cases where commodities have permission from the Council of Development for Cambodia (CDC), there shall be no need to request a permit from the Ministry of Mines and Energy for import.

After receiving the completed and adequate application forms along with the supporting documents attached, the General Department of Energy of the Ministry of Mines and Energy is responsible for reviewing and evaluating the permission letter applications in the following procedure:

- Review all required documents in pursuant to legal and technical regulations in force;

- Evaluate on sites at the proposed location or associated facilities in order to keep a record in the report on technical safety and security evaluations; and

- Prepare reports on results of the evaluation and submit to the Minister of the Ministry of Mines and Energy for review and decision.

Legal entities wishing to apply for a permission letter to import and use radioactive substances and radioactive sources shall get a written response on the approval or the rejection of the application no later than 45 days from the date of which the complete and adequate application forms have been received (by the officials from the OWSO). Reasons for any refusal will be given to the applicant indicated in the written response. However, the MME also provides recommendations to modify and improve the application in order to encourage importers to comply in pursuant to procedures and conditions prescribed in Prakas No. 0126 dated 1 April 2021, issued by the MME, as well as in other legal regulations in force. The license application is only approved if all supporting required documents are submitted and all requirements are met which are defined in Prakas No. 0126 dated 1 April 2021, issued by the MME.

Currently, Cambodia has no nuclear facilities and nuclear materials, however, there are limited radioactive sources currently used in various sectors such as industrial, medical and laboratories, etc. Based on the current practice, there are no licenses allotted for radioactive substances/sources, however, there is a specific regulation for issuing licenses of imports of radioactive substances/sources for supplying to local use. Based on Prakas No. 0126 dated 1 April 2021, issued by the MME, licenses are covered only for public legal entities and private legal entities (companies/firms) requesting the permission letter of import for use in their own institution.

Public Legal entities and firms eligible to apply for licenses:

(a) For firms, it is under restrictive licensing, there are more supporting documents required to be attached along with their application request for license.

(b) For public legal entities, it is under a non-restrictive system. There are less supporting documents required to be attached along with their application request for license (e.g. a certified copy of Khmer identification card or passport, a certified copy of the institution's certification, etc.).

Yes, there is a system of registration of firms permitted to engage in importation (Ministry of Commerce) for running their firms' business. However, the Ministry of Mines and Energy has established the national inventory of radiation sources in the Regulatory Authority Information System (RAIS).

Legal entities wishing to import and use radioactive substances and radioactive sources in the Kingdom of Cambodia shall have a permission letter issued by the Ministry of Mines and Energy.

For applications for licenses, importers shall obtain the application forms or additional information at the One Window Service Office (OWSO) of the Ministry of Mines and Energy or through its website at www.mme.gov.kh. There are no exceptions or derogations from the licensing requirement.

Importers should request through an official letter to MME, along with the Application Form for permission letter to import of radioactive substances and radioactive sources in Annex 1 of Prakas No. 0126 dated 1 April 2021, to be filled and attached with required supporting documents.

The information required in applications:

Applicant Information; Modes of Import Transportation; Purpose of Import (use, storing and other purposes of import, please specify); Details of radiation protection and safety officer(s), including certificate(s) of training on radiation protection and safety; Radiation survey meters; Personal Monitoring Dosimeters; Management of disused radioactive substances/sources; Details of radioactive substance/sources for which permission letter is sought; List of general radiation workers (list of relevant staff who are working related to radiation).

The import license and all technical documents are required upon actual importation. The following supporting documents are required to be attached:

a) For Public Legal Entity: A copy of the certificate or documents on the technical specifications of radioactive substances/source issued by the manufacturer or supplier company; A copy of an agreement or letter or documents indicating that the manufacturers or suppliers will accept the radioactive substances/sources to the country of origin or other countries for conditioning after depleted or disused; Declaration letter issued by a public legal entity to return the radioactive substances/sources to the country of origin or other countries for conditioning after depleted or disused; b) For Private Legal Entity (Company/Firm): A certified copy of the Khmer identification card or passport; A certified copy of the company's certification of business registration and patent; A copy of certificate or documents on the technical specifications of radioactive substances/sources issued by manufacturer or supplier company; A copy of an agreement or letter or documents indicating that the manufacturers or suppliers will accept the radioactive substances/sources to the country of origin or other countries for conditioning after depleted or disused; Declaration letter issued by a legal entity to return the radioactive substance/sources to the country of origin or other countries for conditioning after depleted or disused; Lease agreement or land title/deed or permission letter by competent authority to indicate the legality of operating on the location related to radioactive substances/sources which permission to import is being sought.

A legal entity who applies for the permission letter to import, use or extend the permission letter to use radioactive substance/sources shall pay the public service fee as defined in Inter-Ministerial Prakas between the Minister of the Ministry of Economy and Finance and the Minister of the Ministry of Mines and Energy.

However, for public legal entities (government institutions), there is no requirement to pay the public service fee but there is an obligation to comply in pursuant to the procedures and conditions prescribed in Prakas No. 0126 dated 1 April 2021, MME, as well as in other legal regulations in force.

If the licensing fee or administrative charge is not yet defined, it is necessary to wait for the specific Inter‑Ministerial Prakas in force between the Minister of the Ministry of Mines and Energy of Economy and Finance and the Minister of the Ministry of Mines and Energy.

Based on the current practice, there is no deposit or advance payment required associated with the issue of licenses.

The permission letter to import radioactive substances and radioactive sources is valid for no later than six months. The legal entity who obtains the permission letter can only import once during the validity period of the permission letter. In cases where radioactive substances and radioactive sources are not imported during the validity period of the permission letter, the legal entity shall re-apply for the permission letter to import in accordance with the procedures as prescribed in Prakas No. 0126 dated 1 April 2021, issued by the MME.

Any person who imports and uses radioactive substances and radioactive sources without a permission letter shall pay a penalty fee of 2,500,000 Riel to 4,000,000 Riel.

Any legal entity who obtains the Permission Letter to import and use of radioactive substances and radioactive sources and does not comply with the requirements, technical specifications, practices and/or international standards related to the radiation safety and security for the use of radioactive substances and sources shall pay a penalty fee from 100,000 Riel to 5,000,000 Riel.

Licenses/permission letters of importation are not transferable between importers; such a case is not permitted. Any legal entity who obtains the Permission Letter to import radioactive substances and radioactive sources during the validity of the licenses or permission letters is not transferable to another person. If they wish to transfer to other importers, they shall re-apply for a new license or permission letter of importation.

The penalty to pay the fee as prescribed in Article 18 and 19 of this Prakas does not exempt any person from undertaking any obligations or punishment set out by other laws or legal regulations in force.

Foreign exchange is freely available for all international trade transactions.