Seeds, plants and planting materials
- 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 General Directorate of Agriculture, based on the approval of the Ministry of Agriculture, Forestry and Fisheries, is the authorized competent authority for the issuance of import licenses of seeds, plants and planting materials and regulated articles under the promulgation of the list of prohibited and regulated goods of the Kingdom of Cambodia.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Products subject to import licensing, according to the Seeds Act 2008, Anukret (Sub‑Decree) No. 17 ANK/BK dated 26 February 2020 on the Promulgation of the List of Prohibited and Regulated Goods of the Kingdom of Cambodia, Anukret (Sub-Decree) No.15 ANK/BK dated 13 March 2003 on Phytosanitary Inspection, and Ministry Proclamation No. 346 dated 10 May 2010 on Plant Quarantine Procedures are found in the following HS lines: 0106, 0409, 0410, 0511, 0601, 0602, 0712, 0713, 1005, 1008, 1201, 1202, 1207, 1209, 1211, 1212, 1401, 2302, 2303, 2304, 2305, 2306, 2308.
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.
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 licensing is not intended to restrict the quantity or value of imports. The licensing requirement is maintained for protection of plant life and health.
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?
Import licensing is statutorily required under Chapter 4 Section 1 (Article 51, 52) of the Seeds Act 2008, Annex 2 of Anukret (Sub-Decree) No. 17 ANK/BK dated 26 February 2020 on the Promulgation of the List of Prohibited and Restricted Goods of the Kingdom of Cambodia, Ministry proclamation No. 346 dated 10 May 2010 on Plant Quarantine Procedures, and No.375 dated 6 July 2017 on sample application forms and procedures for the issuance of seed quality certificates.
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)?
Before seeds arrive at the entry of the Kingdom of Cambodia, the importer must summit an import application with relevant documents to the General Directorate of Agriculture at least ten working days before.
Q7.b. Can a licence be granted immediately on request?
No, a license cannot be granted immediately on request. Applying for an import license for seeds, an importer can receive the approval from the Ministry of Agriculture, Forestry and Fisheries within 20 working days from the date of receipt of the completed application forms at the General Directorate of Agriculture.
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.
No. There are no limitations as to the period of the 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?
The issuance of an import license is administrated by the General Directorate of Agriculture after getting the approval of import from the Ministry of Agriculture, Forestry and Fisheries.
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 that fully conforms to the requirements spelled out in the relevant legal texts are never refused.
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 and firms registered with the Ministry of Commerce are eligible to apply for licenses.
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?
Please see in detail in Annex 4: Application for importing of plant quarantine materials and Annex 5: Import certificate for plant quarantine material of the Ministry Proclamation No. 346 dated 10 May 2010 on Plant Quarantine Procedure through the website of IPPC or the following link:
[https://www'>https://www.ippc.int/en/countries/cambodia/">https://www](<<a style='color:#0000ff' href='https://www.ippc.int/en/countries/cambodia/>) .ippc.int/en/countries/cambodia/
or direct link
[](<https://www.ippc.int/static/media/files/reportingobligation/2015/03/30/1310109048_Cam_PQ_procedure_kh-Eng_with_ann_2013042321-18En .pdf>)https://www.ippc.int/static/media/files/reportingobligation/2015/03/30/1310109048_Cam_PQ_procedure_kh-Eng_with_ann_2013042321-18En .pdf
Q11. What documents are required upon actual importation?
The documents required upon actual importation:
Invoice and packing list and bill of landing; Import license issued by Ministry of Agriculture, Forestry and Fisheries; Business license issued by Ministry of Commerce; Phytosanitary certificate from the exporting country; Seed quality certificate from the origin country and/or post entry inspection form; CITES permit for endangered plant species.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
A fee must be charged in respect of the consignments, including the cost of import certificate for plant quarantine materials, inspection and laboratory test if required (Inter-Ministry proclamation between Ministry of Agriculture, Forestry and Fisheries and Ministry of Economy and Finance No. 836 of 19 September 2019 on public services fee of MAFF).
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. There is no deposit or advance payment required associated with the issue of licenses.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The validity of a license is one year and may be not extended.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No. There is no penalty for the non-utilization of a license.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
According to Chapter 4 Section 1 (Article 51) of the Seed Act 2008, the transfer of rights to another person of the seed import permit must be approved by the Ministry of Agriculture, Forestry and Fisheries.
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?
As specified under point 10 above.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Prior to importation, importers are required to fill out the import application form and also summit relevant documents such as list of pests, technical document of treatments etc., with the application to the General Directorate of Agriculture. These documents may be required by GDA to conduct a risk analysis. The result from the risk analysis will be announced during the 15 days from the day of submitting the application forms. The result of the risk analysis will determine if the importation would be allowed.