Radioactive chemical elements and isotopes, nuclear reactors, installations and apparatus
- 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.
In accordance with Anukret (Sub-Decree) No.370 ANK.BK on the Enforcement of the List of Prohibited and Restricted Goods dated on December 2023 and it took effect from 01 May 2024 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.
In accordance with the Inter-Ministerial Prakas Nos. 489 and 490, dated July 24, 2024, issued by the Ministry of Mines and Energy and Ministry of Economy and Finance set forth a list for public services and associated fines, These Prakas outline a structured series of public services, detailing the types of service available, applicable fees, maximum service duration, and the validity of each service type as specified in the attached appendixes. Among these services is the issuance of permission letters for the import, use, and extension of use of radioactive sources.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
|
HS Code |
Description |
|
2844.10.10 |
-- Natural uranium and its compounds |
|
2844.10.90 |
-- Other |
|
2844.20.10 |
-- Uranium enriched in U 235 and its compounds; plutonium and its compounds |
|
2844.20.90 |
-- Other |
|
2844.30.10 |
-- Uranium depleted in U 235 and its compounds; thorium and its compounds |
|
2844.30.90 |
-- Other |
|
2844.41.00 |
-- Tritium and its compounds; alloys, dispersions (including cermets), ceramic products and mixtures containing tritium or its compounds |
|
2844.42.00 |
-- Actinium-225, actinium-227, californium-253, curium-240, curium-241, cuium-242, curium-243, curium-244, einsteinium-253, einsteinium-254, gadolinium-148, polonium-208, polonium-249, polonium-210, radium-223, uranium-232, and other compounds; alloys, and dispersion (including cermets), ceramic products and mixtures containing these elements or compounds |
|
2844.43.00 |
-- Other radioactive elements and isotopes and compounds; other alloys, dispersion (including cermets), ceramic products and mixtures containing these elements, isotopes or compounds |
|
2844.44.00 |
-- Radioactive residues |
|
2844.50.00 |
-- Spent (irradiated) fuel elements (cartridges) of nuclear reactors |
|
8401.10.00 |
-- Nuclear reactors |
|
8401.20.00 |
-- Machinery and apparatus for isotopic separation, and parts thereof |
|
8401.30.00 |
-- Fuel elements (cartridges), non-irradiated |
|
8401.40.00 |
-- Parts of nuclear reactors |
Q3. The system applies to goods originating in and coming from which 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?
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 relevant legislation and regulation that 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 isotopes separation and parts thereof list below:
- Anukret (Sub-Decree) No. 370 ANK.BK on the Enforcement of the List of Prohibited and Restricted Goods dated on December 2023, which took effect from 01 May 2024 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).
This Prakas is hereby put into force the measures to manage the import and the 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, animal and environment from the harmful effects of radioactive substance and radioactive source; and Promote the implementation of the obligations undertaken by the Kingdom of Cambodia related to the radiation safety and security for the use of the radioactive substances and radioactive source. This Prakas is hereby 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 the medicinal products used for cancer treatment, which are subjected to the undertaken by separated regulation or to be determined by laws or regulations in force.
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):
For products under restriction as to the quantity or value of import (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
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.
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?
For the application for licenses, importer shall obtain the application from 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 license 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?
The permission letter to import of radioactive substances and radioactive sources is valid no later than 2 (two) years in accordance with the Inter-Ministerial Prakas No. 489 on the Public Service of the Ministry of Mined and Energy between the Ministry of Economy and Finance, dated 24 July 2024. The legal entity who obtain the permission letter can only import once during the validity period of the permission letter. In case of 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 the Prakas No. 0126 dated on 01 April 2021.
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.)
Currently, Cambodia has no nuclear facilities and nuclear materials, however, there are limited radioactive sources currently use in various sectors such as industrial radiography medical (X-ray diagnostic and cancer treatment), cultural heritage, construction, and laboratories, etc. Based on the current practice, there are no license allotted for radioactive substances/sources. However, there is specific regulation for issuing the license of import of radioactive substances/sources for supplying to local use. Based on the Prakas No. 0126 dated on 01 April 20221, issued by the MME, is covered only for public legal entity and private legal entity (company/firm) requesting the Permission Letter of Import for use in their own institution purpose.
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?
Not applicable.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Legal entity wishes to apply for permission letter import and use of radioactive substances and radioactive sources shall get the written response on the approval or the rejection of the application no later than 45 (forty-five) days from the dated of which the complete and adequate application form have been received (by the official from the OWSO).
After receiving the completed and adequate application forms along with the supporting documents attachment, the General Department of Energy of the Ministry of Mines and Energy is responsible to review and evaluate 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 the technical safety and security evaluations; and
- Prepare report on results of the evaluation and submit to the Minister of Ministry of Mines and Energy for esteemed review and decision.
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 permission letter to import of radioactive substances and radioactive resources is valid for no later than 2 (two) years. The legal entity who obtains the permission letter can only import once during the validity period f the permission letter. In case of radioactive substances and radioactive resources are not imported during the validity period of the permission latter, the legal entity shall re-apply for the permission letter to import in accordance with the procedures as prescribed in the Prakas No. 0126 dated on 01 April 2021, issued by the MME.
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 consideration of license application is not affected by a single administrative organ. In general practice, legal entity wishes to import and use of radioactive substance and radioactive sources in the Kingdom of Cambodia shall have a permission letter issued by the Ministry of Mines and Energy. This Prakas is hereby for the management of import and use of all kind of radioactive substances and radioactive sources being used in the civilian applications in the Kingdom of Cambodia, except for the medicinal products used for cancer treatment, which are subjected to be undertaken by separated regulations or to be determined by laws or regulations in force.
In case where commodities have permission from the Counsil of Development for Cambodia (CDC), there shall be need to request a permit from the Ministry Of Mines and Energy.
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?
Not applicable.
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)?
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?
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?
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.
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?
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 required to be attached.
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)
- Supporting document required to be attached along with the applications.
Q11. What documents are required upon actual importation?
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.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
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 No. 489 on the Public Service of Ministry of Mines and Energy between the Minister of the Ministry of Economy and Finance, dated 24 July 2024. The authorization letter for importing radioactive substances and radioactive sources classified as categories 1 and 2 incurs a fee of 800,000 (eight hundred thousand) Riel per source, whereas sources categorized from 3 to 5 are charge at 500,000 (five hundred thousand) Riel per source.
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.
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.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
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.