Radiocommunication and telecommunication products, and Information and Communication Technology (ICT) related products
- 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.
All radiocommunication, telecommunication, and information and communication technology ("ICT") equipment and devices require type approvals ("TA") prior to its import and use in the Kingdom of Cambodia.
The Ministry of Post and Telecommunications ("MPTC") is responsible for ICT equipment and devices as provided under Sub-Decree No. 110 ANKr.BK dated 21 July 2017 on the Authorization to Operate in the Information and Communication Technology Sector ("Sub-Decree 110").
The Telecommunication Regulator of Cambodia ("TRC"), an entity attached to MPTC, is responsible for radiocommunication and telecommunication equipment and devices, as provided under the Law on Telecommunications dated 17 December 2015 ("Law on Telecommunications").
The Law on Telecommunications also specify that any import of radiocommunication and telecommunication equipment and devices require an import permit from the TRC. This especially applies to restricted radiocommunication, telecommunication, and ICT equipment and devices—in addition to a TA, an import permit from TRC. Sub-Decree No. 17 ANKr.BK dated 26 February 2020 on the Use of the List of Prohibited and Restricted Goods and its Annexes ("Sub-Decree No. 17") lists and classifies prohibited and restricted goods.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
All radiocommunication, telecommunication, and ICT equipment and devices require TAs before an import permit is granted by the TRC.
Under Annex 2 of Sub-Decree No. 17 (List of Goods which required Permit on Importation or Exportation), the following items require an import permit from MPTC (Ref: HS 8517.61.00; 8517.62.21; 8517.62.29; 8517.62.30; 8517.62.42; 8517.62.49; 8517.62.53; 8517.62.59; 8517.70.10; 8525.50.00; 8525.60.00; 8529.10.29; 8529.10.40; 8529.10.60; 8529.10.92).
Under Annex 5 of Sub-Decree No. 17 (Explanatory Notes for the Enforcement of the Lists of Prohibited and Restricted Goods), the following items cannot be included in the Annex 2, due to technical issue of HS classification, are also restricted on imports and under the authorization of MPTC (Ref: Drone, other than those of subheadings 8802.20.90 and 8802.30.90).
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 Type Approval (TA) is not intended to restrict the quantity or value of import. The purpose of type approval is intended to ensure:
Compatibility and non-interference with Cambodia's authorized telecommunication network and equipment; and Safety to public in general.
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 law and regulation related to import licensing procedures include Law on Telecommunication 2015, Prakas No. 122 PT.PrK dated 7 April 2017 on Conditions and Procedures for Granting, Amending, Suspending, Transferring and Revoking Permits, Certificates and Licenses for Telecommunications Operations ("Prakas No. 122"); Prakas No. 208 PT.PrK dated 29 December 2010 on Certification of Type Approval for Radiocommunications and Telecommunications Equipment; and Sub-Decree 110.
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:
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,
For radiocommunication and telecommunication equipment, the Telecommunication Regulator of Cambodia (TRC) under Ministry of Posts and Telecommunications of Cambodia shall grant the type approval within fifteen (15) business days after the receipt of application [Ref: Inter-Ministerial Prakas No. 499 MEF.Prk dated 8 May 2018 on the Provision of Public Services, ("Prakas No. 499")]. For ICT equipment, the General Department of Information and Communication Technology of Ministry of Posts and Telecommunications of Cambodia shall grant the type approval within ten business days after the receipt of application [Ref: Inter-Ministerial Prakas No. 498 MEF.PrK dated 8 May 2018 on the Provision of Public Services, ("Prakas No. 498")].
Q7.b. Can a licence be granted immediately on request?
An import permit is generally granted within ten business days if goods already have a TA and other related requirements are met based on Prakas No. 499.
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?
An import permit shall be granted by the TRC. TAs may be provided either by the MPTC or TRC based on the type of equipment or device.
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 an import permit and TA are usually granted if they meet the ordinary required criteria. MPTC or TRC will generally provide the reasons in the event of a refusal.
Under Sub-Decree No. 45 ANKr.BK dated 16 March 2016 on the Organization and Functioning of the TRC, 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.
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?
Only firms registered in Cambodia can apply for a Qualified Agent (QA) Certificate for Importation, Supply and Distribution of radiocommunication and telecommunication and/or ICT equipment issued by the TRC as provided in Annex 1. Only such firms can then apply for a TA and an import permit.
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?
An applicant for a TA certificate is requested to fill in the application as provided in Annex 2 and enclose the following documents:
A copy of a Qualified Agent Certificate for Importation, Supply and Distribution of Radiocommunications and Telecommunications Equipment and/or ICT Equipment; or telecommunication service license or ICT operator license; A copy of EMC test report; A copy of Safety test report; A copy of Health/SAR test report; A copy of RF test report (for radio equipment); EU Declaration Certificate/Declaration of Conformity; A copy of technical specification. An applicant for an import permit is requested to fill in the application as provided in Annex 3 and enclose the following documents:
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?
The import permit and the usual customs/import documentation 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?
Yes, the fees are determined by Prakas No. 499:
QA application: 80,000 Riels (Ref: Service 34); QA certificate: 1,200,000 Riels (Ref: Service 35); TA application: 80,000 Riels (Ref: Service 36); TA certificate: 4,000,000 Riels, or Riel 6,000,000 or 8,000,000 Riels (Ref: Service 41, 38-40, 37); Import Permit of radio, telecom and ICT equipment or device: US$100 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.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The validity period of a TA for radiocommunications, telecommunications and ICT equipment and device is permanent. The validity of the import permit is for one shipment.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of the permit or a portion of it.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits are transferable between importers only with the permission of TRC upon the request by importers (subject to the same application procedure defined above).
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?
TA certificate and a special approval from TRC (for the restricted products labelled in paragraph 2 above) is the condition for the issuance of an import permit.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The Qualified Agent Certificate for Importation, Supply and Distribution of Radiocommunication and Telecommunication and/or ICT equipment; or possession of a License for Operations of Telecommunication or ICT issued by the TRC is required as mentioned is paragraphs 9 and 10 above before they can apply for TA certificate and import permit.
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.