Import Licensing Notification Portal

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.

Importers of all radiocommunication, telecommunication, and information and communication technology ("ICT") equipment and devices shall obtain a Qualified Agent certificate for Importation, Supply and Distribution of Radiocommunication, Telecommunication, and ICT Equipment and Devices (“QA certificate”) in the Kingdom of Cambodia. This requirement is stipulated in Article 16(a) of Law on Telecommunications promulgated by Royal Kram No. នស/រកម/1215/017 dated 17 December 2015 (Law on Telecommunications) and Article 7(a) of the Sub Decree No. 110 ANK/BK dated 21 July 2017 on Granting Permit for Information and Communication Technology Operations (Sub Decree No. 110).

All radiocommunication, telecommunication, and ICT equipment and devices require Type Approval ("TA") prior to its import and use in the Kingdom of Cambodia. This requirement is stipulated in Article 16(b) of the Law on Telecommunications and Article 7(b) of the Sub Decree No. 110.

In the case that imported equipment and devices fall under the restricted list specified in Sub Decree No. 370 ANK/BK dated 28 December 2023 on the Enforcement of the List of Prohibited and Restricted Goods (Sub Decree No. 370), there is a need to have an import permit for those restricted items and this permit can be obtained using the National Single Window online system.

The Telecommunication Regulator of Cambodia ("TRC"), an entity attached to the Ministry of Post and Telecommunications (“MPTC”), is responsible for issuing licenses, certificates and permits in the telecommunications sector in the Kingdom of Cambodia in general, and in particular issuing QA certificates for importation, supply and distribution of and TA certificates for radiocommunication, telecommunication, and ICT equipment and devices, and issuing import permits for those devices in the restricted list.

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

The QA certificate is intended to regulate importers, suppliers and distributors of radiocommunication, telecommunication, and ICT equipment and devices in the Kingdom of Cambodia. This certificate is valid for two years and can be renewed 30 days prior to its expiration. These qualified agents have obligations to make sure that their imported equipment and devices have TA certificate issued by the TRC for each imported model before the importation of the equipment into the Kingdom of Cambodia.

In addition to the requirement above, under Annex 2 of Sub Decree No. 370, the following items require an import permit from the TRC (Ref: HS 8517.61.00; 8517.62.30; 8517.62.42; 8517.62.43 8517.62.49; 8517.62.53; 8517.62.59; 8517.79.10; 8525.50.00; 8525.60.00; 8529.10.29; 8529.10.40; 8529.10.60; 8529.10.93; 8529.10.94; 8806.10.00; 8806.21.00, 8806.22.00, 8806.23.00; 8806.24.00; 8806.29.00; 8806.91.00; 8806.92.00; 8806.93.00, 8806.94.00; 8806.99.00).

Under Annex 5 (Explanatory Notes for the Enforcement of the Lists of Prohibited and Restricted Goods) of Sub Decree No. 370, toy drones in the subheading 9503.00.99, which cannot be included in the Annex 2 due to technical issues of HS classification, are still restricted on imports and require authorization from the Ministry of National Defence and the MPTC.

Q3. The system applies to goods originating in and coming from which countries?

The system applies to goods originating in and coming from all countries. There is no discrimination 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?

The QA certificate is intended to regulate the importers, suppliers or distributors of the equipment in the Kingdom of Cambodia and to make sure that these players import and supply safe, high standard, and good quality equipment which poses no harm to consumers and no risks to the national security. It is not intended to restrict the quantity or values of imports.

The TA requirement is also not intended to restrict the quantity or value of import. The purpose of TA is intended to ensure:

Compatibility and non-interference with Cambodia's authorized telecommunication network and equipment; and
Safety to public in general.

The import permit requirement under Sub Decree No. 370 for the equipment with the HS codes above is intended to oversee the usage purpose and security matters.

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 followings are the related law and regulations related to import permit procedures:

Law on Telecommunications promulgated by Royal Kram No. នស/រកម/1215/017 dated 17 December 2015
Sub Decree No. 370 dated 28 December 2023 on the Enforcement of the List of Prohibited and Restricted Goods
Sub Decree No. 110 dated 21 July 2017 on Granting Permit for Information and Communication Technology Operations
Prakas No. 122 dated 7 April 2017 on Conditions and Procedures for Granting, Amending, Suspending, Transferring and Revoking Permits, Certificates and Licenses for Telecommunications Operations
Inter-Ministerial Prakas No. 498 dated 8 May 2018 on the Provision of Public Services by the Ministry of Post and Telecommunications
Inter-Ministerial Prakas No. 499 dated 8 May 2018 on the Provision of Public Services by the Telecommunication Regulator of Cambodia
Prakas No. 208 dated 29 December 2010 on Certification of Type Approval for Radiocommunications and Telecommunications Equipment.

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):

N/A

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:

There is no quantitative limit on importation of commodities subject to import permits:

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)?

In the case of an eligible application:

The QA certificate shall be approved within 15 business days by TRC. However, this requirement is set for any person who wishes to do business on importation, supply and distribution of telecommunication, radiocommunication, and ICT equipment in the Kingdom of Cambodia. They must be a registered company under Cambodian law to apply for this type of certificate, and this certificate is valid for two years and can be renewed. This certificate can be obtained via TRC’s online portal.
The TA certificate shall be approved within 15 business days. However, this technical requirement is set for the qualified agents who wish to import, supply and distribute the equipment in the Kingdom of Cambodia to fulfil before they can import the equipment into the Kingdom of Cambodia. They have to make sure that their imported equipment is complied with Cambodia’s technical requirement to ensure compatibility, non-interreference, safety and security aspects. This certificate is issued per model of equipment basis and it is valid a life time. Importers can import that same model anytime and any amount of that particular model they want.
The import permit required by the Sub Decree No. 370 shall generally be approved by TRC within 3 business days through the National Single Window online system. This import permit is only required for the equipment with HS Codes detailed in Point 2 above.

Q7.b. Can a licence be granted immediately on request?

An import permit is generally granted within 3 business days if goods already have the TA certificate and the required documents are provided.

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 is no limitation.

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?

All of these certificates and permit are granted by TRC. Applicants who wish to be qualified agents can submit their application for QA certificate and import permit online. The application process for TA certificates is still being processed manually. However, TRC will process this service via online portal in the near future.

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 QA certificate, TA certificate or import permit are usually granted if they meet the ordinary required criteria. TRC will generally provide the reasons in the event of a refusal.

Under Sub Decree No. 45 ANK/BK dated 16 March 2016 on the Organization and Functioning of the Telecommunication Regulator of Cambodia, applicants have the right of appeal against a final decision of the TRC to a competent court within 90 days after the issuance of the final decision.

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?

Only firms registered in Cambodia can apply for a QA certificate issued by the TRC. Only firms with QA certificate issued by TRC can apply for a TA certificate and an import permit.

The Prakas No. 499 determines fees for the following registrations:

QA application fee: 80,000 Riels (Ref: Service 34);
QA certificate fee: 1,200,000 Riels (Ref: Service 35);
TA application fee: 80,000 Riels (Ref: Service 36);
TA certificate fee: 4,000,000 Riels, or Riel 6,000,000 or 8,000,000 Riels (Ref: Service 41, 38-40, 37);
Import Permit fee of radiocommunications, telecommunications and ICT equipment or device: 400,000 Riels per import permit (Ref: Service 1).

Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?

An applicant for a QA certificate is requested to fill in the online application and get the following documents ready for submission and can get into TRC’s online portal at service.trc.gov.kh or at TRC’s website at http://www.trc.gov.kh.

A copy of Identity Card (Cambodian) or Passport (Foreigner) legalized at One Window Service office of sub-national administrations or notary public office
A copy of Certificate of Incorporation legalized at One Window Service office of sub-national administrations or notary public office
A copy of Patent Tax Certificate legalized at One Window Service office of sub-national administrations or notary public office
A copy of Memorandum and Articles of Association legalized at One Window Service office of sub- National administrations or notary public office
Agreement(s) with Foreign Partner(s) legalized at One Window Service office of sub-national administrations or notary public office
A copy of Certificate of Ownership of Immovable Property (owned premises) or rental agreement of business premises (rented premises) legalized at One Window Service office of sub-national administrations or notary public office

An applicant for a TA certificate is requested to fill in the application that can be found at TRC’s website at http://www.trc.gov.kh and enclose the following documents:

A copy of a Qualified Agent Certificate for Importation, Supply and Distribution of Radiocommunications and Telecommunications Equipment and ICT Equipment
A copy of EMC test report;
A copy of Safety test report and/or Certificate;
Acopy of EMF/SAR test report (if any)
A copy of RF test reports (for radio equipment);
EU Declaration of Conformity/ EU Type Examination Certificate
A copy of technical specification.

An applicant for an import permit is requested to fill in the online application and get the following documents ready for submission and can get into TRC’s online portal at service.trc.gov.kh or at TRC’s website at http://www.trc.gov.kh.

A copy of Qualified Agent Certificate;
A copy of Invoice;
A copy of Packing List;
A copy of Airway Bill or Bill of Landing;
A copy of Technical Specification;
A copy of Type Approval certificate of the equipment model applied for import licence.

Q11. What documents are required upon actual importation?

Upon actual importation, the customs officers normally require the usual customs/import documentation. The import permit from MPTC is required only with the equipment that is listed in the restricted goods list attached to the sub-decree No. 370 of the government. However, the importers have the responsibility to make sure that they have been operating with QA certificate issued by the TRC and the telecommunication equipment of each model imported have been registered with TRC via TA certificate before the arrival of their equipment.

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

Yes, the fees are determined by Prakas No. 499:

QA application fee: 80,000 Riels (Ref: Service 34);
QA certificate fee: 1,200,000 Riels (Ref: Service 35);
TA application fee: 80,000 Riels (Ref: Service 36);
TA certificate fee: 4,000,000 Riels, or Riel 6,000,000 or 8,000,000 Riels (Ref: Service 41, 38-40, 37);
Import Permit fee of radiocommunications, telecommunications and ICT equipment or device: 400,000 Riels per import permit (Ref: Service 1).

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 deposits or advance payments are required.

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

The validity period of the QA certificate is 2 (two) years and it can be renewed using TRC online portal at https://service.trc.gov.kh/
The validity period of TA certificate for radiocommunications, telecommunications and ICT equipment and device is permanent.
The validity period of the import permit is for one shipment (one permit for one shipment).

Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?

For the first offense, TRC will invite the importers to a meeting and explain all requirements stipulated in the telecommunications law and relevant regulations to them, and instruct them to fulfill the requirements and require them to promise not commit the offense again. Penalties may be imposed if importers do not fulfill the requirements and repeat the offense.

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

The Qualified Agent certificates are not transferable.
The Type Approval certificates for each model of equipment registered with TRC are transferable between Qualified Agents; but they have to make a request to TRC to approve on their transfer.
The Import Permits are not transferable.

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?

There are no conditions attached to issuing an import permit required by the Sub Decree No. 370. However, to be eligible to apply for the import permit, a firm must hold a QA certificate and must prove that those particular models of equipment to be imported into the Kingdom of Cambodia have TA certificate issued by TRC.

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

There are no other administrative procedures apart from the system described above. However, to be eligible to apply for the import permit (under the Sub Decree No. 370), a firm must hold a QA certificate and must prove that those particular models of equipment to be imported into the Kingdom of Cambodia have TA certificate issued by TRC.

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?

Foreign exchange is freely available to all importers.

Radiocommunication and telecommunication products, and Information and Communication Technology (ICT) related products

Outline of Systems

Purposes and Coverage of Licensing

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

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?

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.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.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?

Eligibility of Importers to Apply for Licence

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?

Q11. What documents are required upon actual importation?

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or 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.

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?

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

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?