WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
WT/TPR/M/253/Add.1 
4 January 2012 
 (12-0006) 
Trade Policy Review Body 
1 and 3 November 2011 Original: English/ 
 anglais/ 
 inglés 
 
TRADE POLICY REVIEW 
CAMBODIA 
Record of the Meeting 
Addendum 
Chairperson:  H.E. Mr. Bozkurt Aran (Turkey) 
 This document contains the advance written questions, and replies provided by Cambodia.1 
__________________________________________________________________________________  
 
Organe d'examen des politiques commerciales 
1er et 3 novembre 2011 
 
EXAMEN DES POLITIQUES COMMERCIALES 
CAMBODGE 
Compte rendu de la réunion 
Addendum 
Président:  S.E. M. Bozkurt Aran (Turquie) 
 
 Le présent document contient les questions écrites communiquées à l'avance et les réponses 
fournies par le Cambodge.1 
__________________________________________________________________________________  
Órgano de Examen de la s Políticas Comerciales 
1° y 3 de noviembre de 2011 
 
EXAMEN DE LAS POLÍTICAS COMERCIALES 
CAMBOYA 
Acta de la reunión 
Addendum 
Presidente:  Excmo. Sr. Bozkurt Aran (Turquía) 
 
 En el presente documento figuran las pre guntas presentadas anticipadamente por escrito, 
junto con las respuestas facilitadas por Camboya.1 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
  WT/TPR/M/253/Add.1 
 Page 3 
 
 
 REPLIES PROVIDED BY CAMBODIA 
Chapter I. Economic Environment 
Page 3, Paragraphs 11-14, EU Q1, Tax collection 
The Secretariat's report states "The Government is committed to further improving customs 
administration and tax collection in order to secu re fiscal sustainability and mobilize resources for 
Cambodia's heavy development needs. In this rega rd, reducing the scope for evasion is significant."   
Could Cambodia describe steps it is taking to reduce tax evasion in order to ensure a fair 
trading environment for investors, and as a means to widen the tax base?  
Answer: 
Under Section 9 of the Law on Taxation, article  126: Serious negligence, "The taxpayer or 
withholding agent is considered seriously negligent if the amount of tax paid is less than the amount of 
tax as determined by tax provisions by more than 10 per cent". Article 127 stipulates that: "Tax 
evasion is the willful, knowing, or systematic and repeated violation of tax provisions with the 
intention of reducing or eliminating the tax amount required by tax provisions to be paid. Shall be 
considered also as tax evasion any serious negligence as  stated in article 126 of this law which is 
committed on: (i) two separate occasions within a period of three calendar years; or (ii)  three or 
more separate occasions in any period of time. 
To address the problems of tax evasion the Mini stry of Economy and Finance (MEF) established 
within the General Department of Taxation, a Tax Audit Department to conduc t on a regular basis tax 
audit to ensure that companies correctly pay thei r taxes due. As part of the reform program, the 
General Direction of Taxation has im plemented the following activities: 
‐ Strengthen comprehensive tax audit of large and medium taxpayers;  
‐ Strengthen enforcement program, IT system development for return processing, and 
 desk audit and de-registration;  
‐ Initiate institutional strengthening me asures including reorganization, new 
recruitment, improved tax payer service, trai ning program, internal audit, physical 
infrastructure and equipment upgrading;  
‐ Deliver training program on the new com puter system and extend its linkages to all 
tax offices; 
‐ Increase information cross-checking aimed at identifying turnover in the estimated 
regime which requires transfer to the real regime; 
‐ Maximize use of the banking system as the medium for taxpayer transactions.  
Furthermore, there are two taxa tion regimes in Cambodia: real regime (regime reel) or self-
assessment regime and estimated reg ime (regime forfaitaire). Company that has been established as 
legal entity, or company involved in import and export operations or physical person with a turnover 
of more than US$100,000 are subjected to the rea l or self-assessment regime. Real regime system 
taxpayers must submit to the tax administration a ta x declaration to which is attached: A. Balance 
sheet; B. Results Account; and C. Tables of comple mentary information. Therefore, improving in 
compliance of accounting standards and the audit of  company accounts is critical of avoiding tax 
evasion.     
Furthermore, the Ministry of Economy and Finance has  taken steps to redu ce the turnover threshold 
in order to transfer companies from the estimated regi me into the real or self-assessment regime. As a 
result, tax collection increased on aver age 25-30% per annum between 2005-2010. WT/TPR/M/253/Add.1 
Page 4  
 
 As part of the effort to reduce tax evasion at th e border and to widen the tax base, Cambodia Customs 
Administration has been implementing customs reform and modernization programs, especially 
related to: 
(1) Introduction of ASYCUDA for faster customs clearance and better customs control;  
(2) Implementation of Trade Facilitation thr ough Risk Management (Traders' Credibility 
Management System, Customs Risk Manage ment Database System ...) leading to 
better traders' compliance; 
(3) Introduction of Customs-Private Sector Part nership Mechanism for consultations on 
trade and customs matters; 
(4) Strengthening anti-smuggling capacity incl uding the introduction of Customs Marine 
Team, and Post Clearance Audit Team; 
(5) Strengthening institutional and hum an resource development including the 
establishment of new customs office to ensure the expanded coverage of customs 
management and control; and 
(6) Improvement of governance for customs o fficials (Customs Code of Conduct and 
Ethics).  
Page 7, Paragraph 18, Japan Q3, Anti-corruption measures Are there any measures or policies taken by  the Cambodian Government to enhance its 
implementation of Anti-Corruption measures including the Anti-Corruption Law? 
Answer:  
The Royal Government views good governance as an essential pre-requisite to sustainable socio-
economic development and social justice. Corruptio n is a major impediment to good governance, and 
prevents the public sector from realizing its full po tential to advance development goals and foster 
growth with equity. The Royal Government has  been combating corru ption through an Anti-
Corruption Unit, the National Audit Authority, internal audit units in line ministries and agencies, and the Ministry of National Assembly-Senate rela tions and Inspection. It has recently expanded 
significantly its campaign against corruption and th e mechanisms at its disposal to wage that 
campaign. The new Anti-Corruption Law, adopted  in 2010, creates an Anti-corruption Council to 
oversee investigations of corruption, and a new Anti -Corruption Unit that undertakes investigations 
and brings charges. Investigations have been conduc ted on corruption cases related to pension funds, 
drug, taxation, illegal timber business. In Decemb er 2010, the first arrests were made under the 
provisions of the new law, and in April 2011 the first case went to trial.  
Since its establishment in April 2010, the Anti- corruption Unit has undertaken activities under three 
broad headings: educational measures, preventive me asures, and enforcement measures, so that each 
individual would adopt the mind set, 'not wanting to corrupt', 'be unable to corrupt' and 'not dare to 
corrupt'. Through the implementation of those meas ures, the ACU has achieved  positive results, which 
have been appreciated by the general national and international public. ACU will continue to 
implement the measures gradually, in order to ensu re a smooth attitudinal change in the society.  
New institutional arrangements ha ve also been set up. There are now  Anti-Corruption Task Teams in 
all Ministries/Agencies to help in investigation and providing information to the ACU on corruption 
matters. An Intervention and Witness Protection Unit has  been established to cooperate with other 
concerned agencies in implementing witness protection system.  
Other aspects of good governance have also b een addressed: The Council on Legal and Judicial 
Reform has been executing an extensive work program  designed to accelerate reform in a number of 
ways, for example by fostering bett er access to legal and judicial information and by helping legal  WT/TPR/M/253/Add.1 
 Page 5 
 
 
 and judicial sector institutions strengthen thei r management, planning and monitoring mechanisms 
and capacity. At the same time, the Council for Admi nistrative Reform has overseen reforms of the 
legal and regulatory framework governing the Civ il Service, of the management and control systems 
for managing the Civil Service within that framew ork, and of the compensation regime to make it 
more reflective of performance.   
Page 11, Singapore Q1 and China Q1, Diversification strategy  
Cambodia's economy is currently dependent only on select ed industries, namely the garment, tourism, 
and construction industries. We understand that Ca mbodia has identified the need to diversify its 
economy as a key plan for furthering economic growth.  
Singapore Q1:  Has Cambodia identified any sect ors in particular to focus on for future 
development? 
China Q1:  Could the Cambodian government plea se elaborate on its plan to further diversify 
the economy?  What new sectors will be prioritized in the medium term? 
Answer: 
The RGC is in the process of preparing an Indus trial Policy aimed at diversifying the economy and 
focusing on the following: 
A. Promotion of Agro-industry The agro-industry straddles the primary and sec ondary industry, and the development of agro- 
industry will increase the value added from bot h agriculture and industry since the processed 
products are more valuable than unprocessed raw mat erials. The potential areas of agro-industry are 
seafood, such as fish, shrimp, squid and seashe ll, and fruits and vegetables. This will promote 
development of forward linkages. Increasing the pr ocessing of agricultural products, such as rice, 
rubber, cassava, is the priority for the short to medium term. 
B. Promotion of Assembly Industry Assembling is a labor-intensive industry, requiring inexpensive but trained labor force. For the time 
being, Cambodia may not be able to manufacture s ophisticated goods from scratch. An alternative 
method is what is called knockdown or semi-k nockdown production. Possibilities include electric 
appliances, transportation machinery assembly, wire har ness for automobile, etc. Cambodia has been 
able to promote motor cycle assembly and start car assembly (Hyundai, some 3,000 units a year). 
Over the medium term the assembly indust ry is the priority of the Government. 
C. Mineral and Agro-based Products Cambodia imports various commodities including  products whose raw materials are locally 
available. Agro-based commodities, such as process ed food, account for 3% of the total import, and 
mineral products including cement account for 4%. With ample local resources in agro-fishery, 
processed meat, fish, canned or dr ied fruits and vegetable oil are ot her commodities in this category 
that can be promoted. A comprehensive assessmen t of the endowment of Cambodia's resources needs 
to be made to ensure that its comparative advantag e owing to its natural resources is fully exploited. 
Cement production and gold mining hav e commenced recently in Cambodia. WT/TPR/M/253/Add.1 
Page 6  
 
 D. Construction Materials 
Construction contributes about 5% of GDP. As the expansion of urban areas and industrial estates 
continue, the demand for construction materials will in crease. In order to translate this into domestic 
income and employment capabilities need to be boos ted for the production of construction materials 
including bricks and other secondary products, such as concrete pipes, slabs and panels, and 
galvanized iron steel sheets and more sophisticated bricks and tiles.  
E. New Industries The RGC envisages the promotion of the d evelopment of sugar, paper and tire manufacturing 
industries, as well as the promotion of Cambodi a as the link to the regional and global production 
network in the areas of household appliances, o il, gas and mining. In order to promote the 
development of new industries, attention is gi ven to discover latent comparative advantages of 
Cambodia in the areas of ITC (Software) and renewable energy, electronics, arts, animation and 
products of culture. 
Page 11, Paragraph 32, Singapo re Q3, Foreign Direct Investment 
The WTO Secretariat's report noted that Cambodia has taken significant steps in encouraging greater 
foreign direct investment (FDI) into Cambodia,  such as passing and implementing anti-corruption 
legislation and establishing special economic zones. We are encouraged by th e significant increase of 
approved investment since 2007. We would be gratef ul if Cambodia could share in greater detail the 
approval process undertaken by the Council for the Development of Cambodia, as well as the criteria 
required for investments to obtain approval.  We  look forward to the increased opportunities such 
information would provide to potential investors.  
Answer:  
Laws and regulation governing FDI in Cambodia  are designed to encourage Investments. 
Government officials have to play a key role both as a facilitator and a regulator. The simplification 
of the Investment administrative procedures is a cri tical factor to increase the amount of FDI inflow 
to Cambodia. Below are the criteria required for in vestment to obtain approval from the Council for 
the Development of Cambodia (CDC):  
‐ Company's Memorandum of Association; 
‐ Feasibility Study; 
‐ Application Form; 
‐ Photocopy of Passport or ID Card; 
‐ Letter of non-criminal record; 
‐ Photograph of shareholders; 
‐ Documents showing locations (property, leasing contract, concession contracts, 
general layout and indicative map); 
‐ Certificate indicating money deposit of at least 25% of the registered capital issued 
by a domestic bank; 
‐ If the shareholder(s) is/are a legal perso n(s), the following documents are required: 
‐ Certificate of Commercial Registration as a legal person 
o Letter of Appointment assigning the person as the legal 
representative 
o Photocopy of ID Card/Passport of the representative of the legal 
person 
o Photograph of the representative of the legal person (4 x 6) 
‐ Maps of buildings and equipments.  WT/TPR/M/253/Add.1 
 Page 7 
 
 
 When the Applicants submit the complete documen ts, CDC must issue a Conditional Registration 
Certificate (CRC) to the applicant within 3 working  days. After the issuance of the CRC, CDC, on 
behalf of the Applicant, assists with the issuance of approvals, authorizations , licenses, permits or 
registrations by the relevant Ministries within a p eriod of 28 working days. Then, CDC must issue to 
applicants the Final Registration Certificate (FRC). 
For more detailed information please refer to Chapt er 2 of the Sub-Decree on the Implementation of 
the Amendment to the Law on Investment of the Kingdom of Cambodia No. 111 ANK/BK dated September 27, 2005.  
Page 14, Paragraph 7, EU Q2, Corruption issues  
The Secretariat's report indicates that the bus iness environment in Cambodia is undermined by 
corruption.  
Could Cambodia provide information on measures taken or envisaged to be taken in order to 
address corruption issues in an effective way so  as to reduce obstacles to private business?  
Answer: 
Please see the answer to Japan Q3 on page 7.  
Page 19, Table II.1, USA Q4, Legal agenda  
Table II.1 indicates that the Customs Law was promulga ted in 2007 with most Sub-Decrees approved.   
Which Sub-Decrees are still outstanding and what  are the expected timeframes for their 
approval and implementation? 
Answer: 
The outstanding Sub-Decrees are as followings: 
1. Sub-Decree on Authorization/Dispatch for Customs officers to carry out duties 
outside the customs territory. Excerpt from the Law on Customs: "The Royal Government may by Anukret (Sub-Decree):            a. Authorize customs officers to carry out their duties under this law outside the 
Customs Territory on a reciprocal basis in accordance with international 
agreements, treaties or conventions entered into by the Kingdom of 
Cambodia, 
b. Allow customs officers of foreign c ountries to carry out their duties under 
their relevant laws resp ecting the import and export of goods in the Customs 
Territory on a reciprocal basis, in acco rdance with international agreements, 
treaties or conventions entered into by  the Kingdom of Cambodia." This is 
part of the joint inspection for trade facilitation; 
2. Sub-Decree on Establishing Customs Tariff Committee; 
3. Sub-Decree on the official uniform, the insignia and the rank of the Customs officials. 
The proposed timeframe for approval and implementation:  
For (1): No timeframe. The issuance of this s ub-decree may be done promptly at the time of 
necessity.  WT/TPR/M/253/Add.1 
Page 8  
 
 For (2): The regulation related to this committee in the form of MEF's Prakas (Ministerial 
Regulation) was issued before the promulgati on of the Law on Customs and is still in force. 
The first draft of new Sub-Decree is under prepara tion. It is planned to submit for approval 
by 2012.  For (3): Currently the Sub-Decree on Customs Unifo rm is still in force (Approved before the 
promulgation of the Law on Customs). A ne w Sub-Decree is being prepared and, once 
approved, will substitute the cu rrent one. Timeframe: by 2012. 
Chapter II. Trade Policy Regime: Framework and Objectives 
Page 22, Paragraph 39, EU Q3 and China Q2, Website EU Q3:    Where can foreign investors find more information on the above Official Journal and 
how to go about accessing it publicly in a centralized manner? Are there plans by the 
Government to make it available also in English,  in order to facilitate the information flow for 
foreign investors? 
China Q2:  Does the Cambodian government have any plan to establish a website to publish all 
laws, regulations, decrees, judicial decisions, a nd administrative rulings of general application 
related to trade? And any intention to translat e those published in the Official Journal into a 
WTO official language? 
Answer: 
The National Information Communications Techno logy Development Authority (NiDA) under the 
Office of the Council of Ministers (OCM) has de veloped an official portal (www.ocm.gov.kh). This 
portal is under construction and it w ill be finished by the end of December 2011. The portal will be an 
official window, in dual languages Khmer and Eng lish, providing access to all laws, regulations, 
decrees, and sub-decrees.  In case,  those documents are not available in English version it will be 
shown "Not Available". In addition, the portal provides links to all official websites of the 
governmental ministries/agencies wh ere administrative decisions of general application related to 
trade would be found. Judicial decisions w ill be added to these websites in due course.  
Page 28, Paragraph 8, EU Q4, ILO right 
What measures – if any – does Cambodia take to  ensure that goods destined for export are 
produced in full respect of the fundamental rights at work as embodied by the ILO's 2008 Declaration on Social Justice for a Fair Globalization and the 8 core ILO Conventions (nos. 29, 87, 98, 100, 105, 111, 138 and 182)?  
Answer: 
The Labour Code enacted in 1997 provides the basic labour regulatory framework, which is further 
reinforced by a number of decrees (prakas). Cambodi a has ratified all core Conventions of the ILO. 
The regulatory framework provides legal guidelin es for protection of workers' and employers' rights 
in the workplace; in particular as  regards workers' right to form tr ade unions; labour rights (e.g. 
right to strike); collective bargaining; working cond itions; and provisions for dispute settlement. The 
practice of collective bargaining agreements (CBAs) and dispute resolution requires time and the 
strengthening of capacity to be fully functioning. The regulatory framework is, however, taking root, 
and its implementation is being enforced. For inst ance, CBAs have increased from around 45 during 
2003-2006 to a reported 131 in 2009. Similarly, th e settlement of labour disputes is also being 
regularized, with the Department of Labour Disputes  and the Arbitration Council being strengthened.   WT/TPR/M/253/Add.1 
 Page 9 
 
 
 While seeking to enforce the Labor Code across the board, the Govern ment is particularly sensitive to 
the requirements of export sectors, and works to ensu re, for example, that child labor and prison 
labor are never involved in the production of goods for export.    
Chapter III. Trade Policies and Practices by Measure 
Page 29, Paragraph 6, USA Q5, Customs procedures 
According to the Secretariat, "The Government  has made significant progress in implementing 
customs reforms, critical to improving trade procedures at the border."  While we understand that the Customs-Private Sector Partnership Mechanism is being used to "coordinate and improve mutual 
understanding between the customs administration and the private sector," is this body also being 
used to solicit input from the private sector on the numerous regulations (see table on page 30) 
while those measures are being developed?  
Answer: 
All customs regulations as in table on page 30 w ere developed with participation from international 
customs advisers to be in line with the interna tional good practice. Almost all of these regulations 
were approved and put into implementation before the functioning of the Customs-Private Sector 
Partnership Mechanism - CPPM (2009). After th e establishment of the CPPM, private sector is 
invited to raise and comment all customs-related matters. 
Page 29, Paragraph 6, Indonesia Q1, Customs valuation 
As noted in the report of the Secretariat, the Ca mbodian government has made significant progress in 
implementing customs reforms. There are two priority measures, namely (i) the implementation of an automated system for customs data (ASYCUDA) wh ich is due to commence in 2011, and (ii) the 
implementation of the transaction value (TV) met hod, in line with WTO commitments. Following the 
concerns expressed by some WTO members about Ca mbodia's failure to fully implement transaction 
values (TV) regarding the use of minimum customs values on certain imports, could Cambodia 
clarify its position in regards to its commitments undertaken under WTO rules?  (Reference 
document WT/TPR/S/253, page 29, para. 6) 
Answer: 
Cambodia would like to thank Indonesia for raising th is question. But we would like to refer to our 
answers to question from EU on Customs Valuation and the submitted Check list of Issues, which has 
been issued as G/VAL/N/2/KHM/1. 
Page 29, Paragraph 8, EU Q5 and Q6, Anti-smuggling 
The Secretariat's report informs that "A revised plan has been drawn up for the modernization and 
streamlining of customs procedures for the period 2009-13.  The plan's objectives include increasing 
taxpayer awareness; developing an anti-smugglin g policy; introducing an automated customs 
clearance system;  developing and implementi ng the Cambodia Single Window; introducing risk-
management and post-clearance audit; implementing the WCO SA FE Framework of Standards; 
acceding to the revised Kyoto Convention (Cambodia has signed a letter of intent and plans to become 
a contracting party by 2012); and strengthening Cambodia's enforcement capacity to combat illegal 
trade in arms and narcotics. " WT/TPR/M/253/Add.1 
Page 10  
 
 Q5.  Could Cambodia indicate which products are currently being affected by smuggling, and 
also inform about the current status of efforts to develop anti-smuggling policy?  
Answer: 
Developing and implementing anti-smuggling policy ha s resulted in reduction of smuggling activities. 
However, there are some products still smuggled into Cambodia. Those include: petroleum, vehicles, 
alcoholic and non-alcoholic drinks. Anti-smuggling measures are outlined in above answer on "fair 
trading environment and widen tax base", see answer on the tax collection in Page 3, 
Paragraphs 11-14. 
Q6.  Could Cambodia explain the steps taken or to be taken in order to decrease the smuggling 
to/from neighboring countries, and improve effe ctive customs control, independently and as 
part of both ASEAN and GMS initiatives?  
Could Cambodia share information on the measu res it intends to put in place to resolve the 
problem?  
Answer: 
Please also see the answers to previous  questions. In addition, we woul d like to inform that currently 
Cambodia Customs has concluded MOUs with cust oms administrations of  neighboring countries 
(Thailand, Vietnam, and Laos) to cooperate in combating illegal cross-border activities. 
Pages 32, Paragraph 15, EU Q7, Customs procedures  
The Secretariat's report states "According to the au thorities, significant progress has been made overall 
on the 12-point action plan on trade facilitation, in cluding the lowering of registration costs, the 
introduction of the SAD, customs automation (ASY CUDA World System), the establishment of the 
Inter-Agency Coordinating Group for Trade Facilitation through Risk Management, and the 
introduction of risk management. These achievement s have contributed to trade facilitation through 
simplifying documentary requirements, increasing tr ansparency, reducing the number of containers 
subject to physical inspection as well as the time required for customs clearance, improving compliance and increasing revenue.  However, th e authorities note that remaining challenges – 
including multiple and unpredictable fees, insuffi cient coordination across agencies, and weak 
monitoring systems – may affect the effective implementation of risk management and may hinder the process of implementing other action plans.  
What measures is Cambodia considering in order to control corruption in customs as a way to 
promote and facilitate the flow of international business? 
Answer: 
The following measures are being implemented: 
‐ Code of Conduct and Ethics for Customs O fficials to improve the integrity within 
customs as part of the implementation of the WCO's Revised Arusha Declaration; 
‐ Customs-Private Sector Partnership M echanism Meetings for consultation and 
solving problems raised by the private sector; 
‐ Establishment of the Hot-line/Public relati on Contact point to promptly deal with 
issues; 
‐ Implementation of the Anti-corruption Law;  WT/TPR/M/253/Add.1 
 Page 11 
 
 
 ‐ The computerization of customs transactions through the introduction of ASYCUDA;  
‐ The use of the banking system fo r payments related to customs.  
Pages 31-32, Paragraphs 14-15, USA Q6, Customs procedures  
According to the Secretariat, "The Government is developing a National Single Window, based on the 
ASYCUDA platform, to provide a single entry point for trade-related transactions."  
In this regard, does Cambodia accept docu mentation for pre-arrival processing?  
Also, does Cambodia allow goods to be released fr om customs after clearance even if the final 
determination of duties, taxes and charges has not been determined? 
Answer: 
Cambodia would like to inform that there are two Mini sterial Regulations (Prakas) dealing with these 
matters, namely:  
‐ Ministry of Economy and Finance's Prakas No. 1447 dated December 26th 2007 on 
Provision and Procedure of Customs Decl aration provides for the pre-arrival 
processing provision (Praka 2); 
‐ Ministry of Economy and Finance's Prakas No. 571 dated August 19th 2010 on 
Procedure on Payment of Duty and Taxes and Other Levies on Imported and 
Exported Goods provides for the removal of  goods from the customs prior to the 
payment of duties and taxes and fees (Praka 9).  
Page 32, Paragraphs 16-18, EU Q8-9, Inspection fees The Secretariat's report indicates that Cambodia mainta ins certain taxes intended to reflect the cost of 
customs processing fees/ services furnished (printing, the time spent in processing the declaration). As 
quoted in the report, "...Cambodia applied a fee of 15,000 riels (nearly US$4) per import/export  
declaration", …"the charge corresponds to the cost of printing customs declaration form and the time 
spent by customs officers in processing the declaration…", "This fee remains unchanged; the 
introduction of what is called a WTO-compatible fl at fee for service has not started yet"; and "The 
authorities maintain that Customs is designing a customs processing fee that may be used as a 
streamline fee", "Camcontrol charges inspection fees of  0.1% of the c.i.f. value of imports, and 0.1% 
of the f.o.b. value on exports".  
Could Cambodian provide information if there are any plans foreseen to introduce the WTO-
compatible flat fee for service?  
The EU is concerned that the customs fees are levied on an ad valorem basis and may therefore 
deter imports as the processing cost normally do es not rise with the value of imports. Does 
Cambodia have any plan to review the system?  The EU would suggest that the Cambodian 
authorities consider limiting this customs administra tion/ streamline fees to the approximate cost of 
processing individual import transactions. 
Answer: 
As regards customs fees, the Government is c onsidering a streamlined, WTO compatible fee for 
service rendered as contained in the 12-point Actio n Plan. This includes the review of current fee 
structure for possible adjustment and re-design, its l evel (as related to commensurate the approximate WT/TPR/M/253/Add.1 
Page 12  
 
 cost of service rendered, mainly operation and ma intenance of ICT system and equipment). In this 
light, a draft Ministerial Regulation related to customs processing fee (flat fee) is being considered.    
As regards inspection fees of CAMCONTROL, th e Ministry of Commerce has drafted a new fee 
structure for CAMCONTROL's inspections which is a WTO-compatible fla t fee for service rendered. 
It is now awaiting endorsement by the Ministry of Economy and Finance.  
Page 32, Paragraph 19 and Table III.1,  pages 33-34, EU Q10, Excise tax 
According to the Secretariat's report, Cambodia levies excise taxes on a number of product groups; 
according to the authorities excise tax is applied on imports at the same rates and conditions as on 
domestic traded goods, without exception. 
However, as presented in the Table III.1, excise ta x for domestically produced goods is calculated on 
"ex-factory selling price"(defined as 65% of the selling price before VAT and any discount) and for 
imported goods, excise tax is calculated inclus ive of customs duty and c.i.f. value.  
Q10.1  Could Cambodia provide further details on the basis for calculation of ad valorem  excise 
for imported spirits and for locally produced spirits?  
Answer: 
Cambodia provides national treatment for both import ed and locally produced sp irits. The excise rate 
for both is 10%. 
Calculation of ad valorem excise for locally produced spirits: 
For Domestic Products = 65% of invoice price issued to customers x Excise Rate 
Example 1: For Domestic Products  Assuming the invoice or selling price of a box of spirits is 150,000 KHR, then the 
excise tax is calculated = (150,000 x 65%)  x 10% = 9,750 KHR. The ex-factry selling 
price used for excise calculations in 97,500 KHR. 
Calculation of ad valorem excise for imported spirits: 
The excise tax rate for spirit is 10%, and the import duty rate for this product is 15%. 
(Cambodia Tariff book 2010). The Excise Tax is calculated as follows:  
For Imported Products = (CV or CI F + Import Duty) x Excise Rate 
Import Duty = CV x Import Duty Rate CIF (Cost + Insurance + Freight) or Customs Value (CV) 
Example 2: For Imported Products Assuming that CIF price for a box of spirits is 97,500 KHR per box, then the excise 
tax for a box of spirits  = [97,500+(97,500 x15%)] x 10% = [97,500+14,625] x 10% 
= 11,212.5 KHR  
Q10.2 Could Cambodia also provide more de tails on how "ex-factory selling price" is 
established?  WT/TPR/M/253/Add.1 
 Page 13 
 
 
 Answer: 
While determining the tax, the authoriti es are faced with the following issues: 
‐ First, it is more complex compared to th e invoice value method across companies;  
‐ Second, it uses different cost components in calculating the ex-factory price (costs + 
margin);  
‐ Finally, the cost components are not consistent  with those provided by the factories.  
Moreover, companies had resorted to deducting various  cost component, such as transportation costs 
and administration costs to arrive at the ex-factory pr ice. To ensure uniform treatment, MEF issued a 
Circular in 2007 on the Determination of Exci ses on a number of locally produced goods, which 
considers, in article 1, the ex-factory price as a fixed rate of 65% of invoice price to customers 
(excluding VAT) for all excises on local products.  
Page 39, Paragraph 34, EU Q11-13, Customs valuation The Secretariat's report states: "During the review period, Customs implemented the WTO Valuation 
Agreement in parallel with the decentralization of  customs valuation decision-making, and obtained 
significant early results. For example, 50% of du tiable goods were processed using the transaction 
value. Customs is considering whether certain non- dutiable imported goods will be processed at the 
transaction value, such as goods imported by invest ment companies, exempted importation, temporary 
imports, and goods imported by the Government. According to the au thorities, all imports currently 
comply with WTO valuation methods. As of J une 2011, Cambodia was preparing to submit its 
checklist of issues to the WTO." 
Q11.  Is the minimum customs value still being used by  the authorities to date and, if so, what is 
the timeline for eliminating this practice?  Could Cambodia also clarify which products are still 
subject to the use of minimum values and under what circumstances this practice is employed? 
Answer: 
The use of minimum custom s values was abolished on 1st Jan 2011, and is no longer used for any 
products.  
Q12.  Could Cambodia comment on the benefits  of the new customs transaction value system 
and share its possible lessons learned?  
Answer: 
The benefits of the application of  transaction value are as below: 
‐ Improve private sector awareness on the obligation to conform with PCA rules 
related to customs value; 
‐ Increase compliance records of traders as re gard to trade practices (better and true 
bookkeeping and accounting...); 
‐ Improve revenue collection. 
Q13.  The rate of utilization (50%) of the prim ary method of customs value is much lower than 
international average. Can Cambodia  explain why this is the case? WT/TPR/M/253/Add.1 
Page 14  
 
 Answer: 
We would like to note that the statement that there is  a 50% rate of utilization of the primary method 
is inaccurate. Even in the transitional period this ratio should be higher because the primary method 
of Customs valuation for only non-dutiable goods accounted approximately for already more than 40% of the total import values.  
Page 39, Paragraph 34, USA Q7, Customs valuation  The Secretariat reports that as of June 2011, Cambodia was preparing to submit its checklist of issues 
on customs valuation to the WTO.   
When will the checklist be ready for submission? 
Answer: 
Cambodia submitted the checklist to the WTO Secretariat on 18 October, 2011. 
Page 40, Paragraph 36, EU Q14-15, Rules of origin 
According to the Secretariat's report, "As of Ja nuary 2011, Cambodia was still in the process of 
preparing a regulation on rules of origin: the Ministry of Commerce and the Ministry of Economy and Finance were working jointly on the draft regulation,  which was at an early stage of development".  
Q14.  Could Cambodia elaborate on the reasons for this delay?  Answer: 
Cambodia requires technical assistance to prepare a legal  text on rules of origin, and such assistance 
has not been available. We expect to receive such  assistance in 2012, and plan to produce a draft 
legal text during that year that will fully comp ly with the WTO Agreement on Rules of Origin. 
Q15.  How Cambodia plans to accelerate the process of implementing the WTO Agreement on 
Rules of Origin in the application of preferential and non-preferential rules of origin? What is 
the current timetable for implementing this process?  
Answer: 
Cambodia believes that the rules of origin establis hed by ASEAN and by the free trade agreements 
with ASEAN dialogue partners fully reflect the WTO Agreement. The implementation of non-
preferential rules of origin must await the adop tion of the legal text referred to above. 
Page 40, Paragraph 39, USA Q8, Import prohibitions, quotas, and licensing 
The report states that goods are prohibited or restri cted for any of the following purposes: protection 
of national security; protection of public order a nd standards of decency and morality; protection of 
human, animal or plant life or health; etc.  What  animals or animal products are restricted for the 
protection of human or animal life or health?  If r estrictions exist, which Ministry administers the 
licenses and how is approval determined?  WT/TPR/M/253/Add.1 
 Page 15 
 
 
 Answer: 
Prohibitions/restrictions may occur when livestoc k/animal carry disease, or when animal products 
originated from animals which have diseases or wh en products originating from animals can be 
harmful to animal and/or human health. The Mi nistry for Agriculture, Forestry and Fisheries issues 
the permit for the import-export of animals. Import- export permits are issued  based on the evaluation 
of risks, information analysis on the contaminated  diseases and tests on health or sanitary condition 
of the animal or product originated from anima ls. Presently, there are no su ch prohibitions on the 
importation of livestock and products originated from animals. 
Page 40, Paragraph 39, Indonesia Q2, Impo rt prohibitions, quotas, and licensing 
As noted in the report of the Secretariat, Sub-D ecree 209 of 2007 (Prohibited and Restricted goods 
lists) identifies 1,537 tariff lines that are subject to import prohibition or licensing. In this regard, 
exceptions to this rule includ e some narcotics and fish.  
Could Cambodia briefly explain its position  with regard to Sub-Decree 209/2007? Having 
mentioned the exceptions, particularly fish, co uld Cambodia please provide detailed information 
as to why fish was prohibited? (Reference document WT/TPR/S/253, Page 40, para 39) 
Answer: 
Regarding Sub-Decree 209/2007: The Sub-Decree has b een issued due to the following factors: 
‐ To make available and transparent a document/list of goods that are restricted or 
prohibited for import and export to the customs territory; 
‐ To comply with the provision of article 8 of the Law on Customs for any of the 
following purposes: 
o National security; 
o Public order and standards of decency and morality; 
o The protection of health and life of persons, animals or plants; 
o The protection of national treasures of artistic, historic or archaeological 
value; 
o The conservation of natural resources; 
o The compliance with the provisions of any legislation of the Kingdom of 
Cambodia; 
o The fulfillment of obligations under the Charter of the United Nations. 
On 24 October 2011, Cambodia submitted an import licensing questionnaire to the WTO Secretariat 
detailing import licensing requirements for fish.  
Page 40, Paragraph 39, Thailand Q3, Fish imports Under Sub-Decree 209/2007, were import quantity of fish is restricted;  could Cambodia explain 
in detail about the restriction and the relevan t procedure in line with import licensing 
procedures?  
Answer: 
Please refer to the answer to In donesia Q2, immediately above. WT/TPR/M/253/Add.1 
Page 16  
 
 Page 42, Paragraphs 48-50, EU Q17-19, Government Procurement 
The Secretariat's report explains that difficulti es remain in providing public access to bidding 
documents due to the poor information infrastructur e and few conferences publicity. For construction 
bidding, only bidders registered with the Depart ment of Public Procurement are permitted to 
participate in the tendering, and certain prequalification procedures exist at the provincial level. 
Q17.1  Has Cambodia any plan to widen public access to bidding information as a means to 
enhance efficiency in government procu rement through increasing competition?  
Q17.2  How will Cambodia improve the transparen cy of the procurement procedures regarding 
access to bidding documents and account ability of procurement decisions? 
Q18.  Has the Government taken any measures aimed at strengthening the enforcement 
conditions and improving the training of the officials in charge of procurement units? 
Q19.  Why different pre-qualification proce dures are created at the provincial level? 
Answer to Q17.1: 
Government procurements are governed  by the following regulations:  
‐ Decree No. 105 dated October 18, 2006 on Public Procurement. 
‐ Order No. 587 of the Ministry of Economy and Finance dated September 19, 2005 
"implementing" the World Bank and Asi an Development Bank procurement manual 
(490 pages) for ADB and WB projects. 
‐ The Implementing Rules and Regulations Governing Public Procurement (IRRPP) 
adopted by Order (Prakas) No. 381 of the Minister of Economy and Finance dated 
15 March 2010. 
Cambodia's public procurement, as determined in the IRRPP is already open to ensure efficiency of 
government fund's use. It sets the fo llowing procedures based on thresholds:  
1. Open tender procedures The open tender procedure is used when a suffic ient number of economic operators are deemed 
capable of satisfying the specified requirements and when  it is in the government's interest to call for 
a competitive bid among such economic operators to obt ain the most efficient and lowest-cost bid. The 
thresholds for implementation of va rious public procurement procedu res are set in the Annex below: 
Annex 5-B of the IRRPP 
Procedures Procurement thresholds 
Goods Civil works Services 
International 
competitive bidding From 1,000 million riels and 
above From 1,200 million riels and 
above From 800 million riels and above 
National competitive 
bidding From 100 to 1,000 million riels From 100 to 1, 200 million riels From 100 to 800 million riels 
Shopping From 20 to 100 million riels From 20 to  100 million riels From 20 to 100 million riels 
Domestic canvassing Below 20 million riels Below 20 million riels Below 20 million riels 
Direct contract No threshold, but requires 
approval by the Ministry of Finance No threshold, but requires 
approval by the Ministry of Finance No threshold, but requires 
approval by the Ministry of Finance 
Note: 4,100 Riels = 1 US dollar.  WT/TPR/M/253/Add.1 
 Page 17 
 
 
 A call for bids may be international (ICB) or national (NCB); the threshold for government public 
procurement is set in the Annex 5-B.  
For the World Bank and the Asian Developmen t Bank projects, goods of a value exceeding 
USD 100,000 and civil works of a value exceedi ng USD 300,000 shall be procured through 
international competitive bidding procedures. Na tional competitive bidding ap plies for procurement 
of goods at estimated individual contract values as indicated in Annex 5-B. 
2. Other procurement procedures A restricted call for bids (shopping) involves obtai ning a minimum of 3 offers; in case of an 
international restricted call for bids, the 3 offers a re to be sourced from at least two countries. The 
shopping procedure may be used where the threshold for procurements is set in the Annex 5-B. 
The World Bank and the Asian Development Bank conduct the shopping pro cedure by announcing for 
procurements valued between USD 5,000 and 20,000 for goods, and between USD 5,000 and 40,000 for works. For procurements va lued below USD 5,000, shopping may be carried out without 
announcement. 
Domestic canvassing is the obtaining of a minimu m of 3 quotations from local suppliers for goods 
available in stores. Goods valued below 20 m illion riels may be procured through the domestic 
canvassing procedure. 
For both development banks, the equivalent is a pu rchase with an order form or a petty cash for a 
purchase valued below USD 5,000. The World Bank and Asian Development Bank procurement 
manual considers "shopping" and "canva ssing" as equivalent terms (A rticle 10.2.4 of the manual). 
The direct contracting is an agreement or negotiation  involving a single supplier. This process may be 
used for instance when one supp lier is the sole source of the goods or service required, in cases of 
emergency or failure of an open consultation, or fo r force account work. Such contract must be 
authorized beforehand by the Ministry of Economy and Finance. For both banks, this process is only 
to be used in exceptional circumstances and must be authorized beforehand for goods.  
Q17.2 How will Cambodia improve the transparen cy of the procurement procedures regarding 
access to bidding documents and account ability of procurement decisions? 
Answer: 
The objective of the Public Finance Reform Program  launched in late 2004 is to further improve 
public procurement process. During the first pha se of the reform program, the following activities 
have been implemented: 
‐ Improve rules and regulations government  public procurement procedures by 
adopting new Procurement Sub-Decree (Decree 105 of October 18, 2006) and 
Implementing Rules and Regulations (IRR) (The Implementing Rules and Regulations 
Governing Public Procurement (IRRPP) (Prakas No. 381 of 15 March 2010), 
including Standard Bidding Documents (SBD s) at National and Sub-National Levels. 
‐ Further Strengthen Procuring Agencies'  capacity, at National and Sub-national 
Levels, to implement the new Procurem ent Sub-Decree and Implementing Rules and 
Regulations (IRR), including Standard Bidding Documents (SBDs). 
‐ Strengthen Department of Public Procu rement (DPP)'s capacity to monitor and 
evaluate the performance of th e public procurement system. WT/TPR/M/253/Add.1 
Page 18  
 
 ‐ Increase competitiveness and transparency in the procurement process through 
enhanced publicity and disclosure. In this  regards, since early 2011 the Cambodian 
Ministry of Economy and Finance launched a website to publish all government 
projects subject to public procurement. 
The line of accountability of the Line Ministry officials  within the procurement process has been set in 
the Procurement Sub-Decree (No. 105 of Octob er 18, 2006) and the IRRPP (Prakas No. 381 of 
15 March 2010). 
Tenders are to be examined and evaluated by the Pre-qualification, Bi dding and Award Committee 
(PEAC) in each line ministry headed by the Head of the Government Ministry  and Agency (Article 6.3 
of the IRRPP), which may delegate these tasks to a technical assessment panel,  the Procurement Unit 
(Article 5.2.4 of the IRRPP). 
The IRRPP set detailed criteria on how tenders are evaluated in accordance with the terms and 
conditions specified in the bidding documents.  
‐ Proposal for award of contract is to be  made by the Pre-qualification, Bidding and 
Award Committee (PEAC) (Article 6.8 of the IRRPP). Decision to award a contract is 
made by the PEAC Chairman upo n unanimous decision of the PEAC (Article 6.8 of 
the IRRPP).  
‐ Above 500 million riels, the matter will be referred to the Department of Public 
Procurements of the Ministry of Economy and Finance for examination prior to the 
award (Annex 5-A of the IRRPP). 
‐ Above 1.3 billion riels or in the event of a politically sensitive procurement, or one 
that has a strong social or moral impact or  which poses a threat to the environment, 
the final contract award decision is to be made by the Council of Ministers (Article 26 
of the 2006 Decree). 
Q18. Has the Government taken any measures aimed at strengthening the enforcement 
conditions and improving the training of the officials in charge of procurement units? 
Answer: 
To further improve the implementation of regulat ory framework, a traini ng program was conducted 
by the Department of Public Procurement on 20 Augu st 2010 for officials in charge of procurement 
units in order to explain the IRRPP. On 24 March 2011, another seminar was conducted by the 
Department of Public Procurement in order to co llect feedbacks from the officials in charge of 
procurement in order to incorporate into  the new draft of the Procurement Law. 
Q19. Why different pre-qualification procedures are created at the provincial level? Answer: 
There is no separate pre-qualification process at the provincial level. Pre-qualification of suppliers, contractors, service prov iders is not used for all procurement projects. 
Pre-qualification is only used for the procurement of  goods or contractors for civil work for big and 
complicated projects or projects involving large budget amount. Pre-qualification may be used for 
government procurements of equipment especial ly designed for the contracting authority  WT/TPR/M/253/Add.1 
 Page 19 
 
 
 (customized), industrial facilities, specialized services, complex informa tion systems and turn-key 
contracts (Article 3.7.1. of the  IRRPP).  
The pre-qualification process enables identificati on of potential candidates for government 
procurements who meet the technical and financial sel ection criteria. As for works, contractors are to 
be sorted into categories and registered at the Depar tment of Public Procurements (Article 8.2.d of 
the 2006 Decree). This registration is not applied to international contractors, who are interested in 
the bidding for projects funded by the World Bank and the Asian Development Bank. 
Page 46, Paragraph 67, Singapore Q4, Special Economic Zones  
Cambodia has revised its Investment Law to abo lish incentives contingent on export performance in 
2005, which is in line with Cambodia's undertaking not  to maintain any measures inconsistent with 
TRIMs.   
Could Cambodia share more inform ation about its amendments and revisions to the Investment 
Law?  
Answer:  
Page 46, Paragraph 67 of the Secretariat's Report stated about the Law on Special Economic Zones 
which will be submitted for approval by the Council of Ministers. It is not about the Amendment of the 
Law on Investment. It should be noted that all qualified investment projects operating within or outside the special economic zones are subjected to the same treatment. 
Page 49, Paragraph 72, Thailand Q1, Land and property ownership 
Overall, there are no limits on the rights of forei gn and domestic entities to es tablish and own business 
enterprises or to compete with public enterpri ses. However, the Constitution provides that only 
Cambodia citizens or legal entities have the right to  own land. A new law allowing foreign ownership 
of properties such as apartments and condominiums was passed in 2010.  
Under the new law, are there any restrictions or  requirement on categories of foreigner who can 
purchase properties in Cambodia?  
Are there any requirements on zoning, the maximum amount, or time period of foreign 
ownership of properties?  
Answer: 
Law on "providing foreigners with ownership rights in  private units of co-owned buildings" signed on 
May 24, 2010 stipulated: 
- Legally qualified foreigners have ownership rights in private units of co-owned 
buildings and rights to use and enjoy benefits of the common areas, and they have 
obligations to comply with the provisions of this law and other related regulation in 
force.  
- Foreigners have ownership rights in private units of co-owned buildings only from 
the first (1st) floor up. The ground floors and underground floors cannot be owned by 
foreigners. 
- This ownership right only provides private units of co-owned building for foreigner. 
As far as the common areas of co-owned buildings are concerned, they shall be kept 
for the common use of all co-own ers of the co-owned buildings.  WT/TPR/M/253/Add.1 
Page 20  
 
 - In any case. The land pa rcel where the co-owned buildin g is located cannot be 
subject to the ownership of special co-owners.  
- Foreigners are not authorized to acquire ow nership rights in private units of co-
owned buildings located within 30 (thirt y) kilometers of the land borders of 
Cambodia and in other areas determined by the Royal Government. Except for the 
co-owned buildings located in Special Ec onomic Zones, in im portant urban areas and 
in other areas determined  by the Royal Government. 
Sub-decree on "determination of the proportion and percen tage of private units that can be owned by 
foreigner in a co-owned building" signed on July 29, 2010 stipulated: 
 -  Legally qualified foreigners have ownership ri ghts in private units in co-owned 
buildings not exceed 70 (Seventy) percent of th e total areas of the private units of a 
co-owned building.  
Background  
Co-owned building refers to a building or constr uction in which several owners reside. A co-owned 
building consists of some parts which are the excl usive ownership of each co-owner, called "private 
units", and some other parts which are common spaces for common use of the co-owners, called 
"common areas". 
Legally qualified foreigner refers to foreign nati onals who enjoy legal capacity according to 
Cambodian laws and who have legally entered Cambodia .  
Page 50, Paragraph 80, EU Q20, Competition law   
According to the Secretariat's report, "While Cambodia is an open economy with limited SOE 
presence, some observers have noted creeping re gulatory restrictions on competition in domestic 
markets: these concern, inter alia , recent decisions restricting price competition in the mobile phone 
sector".  
Could Cambodia inform about the process of enacting a general competition law and the 
timeframe foreseen?  
Answer: 
The Ministry of Commerce is currently preparing a dr aft competition law with a view to submit it to 
the office of Council of Ministers in 2012. Cam bodia is committed within the ASEAN to have a 
competition law in force by 1 January 2015.  
Page 52, Paragraph 84, EU Q21, Standards 
The 2007 Law on Standards of Cambodia is the legal basis for all measures related to standards and 
technical regulations.. Progress in the area of TBT legislation and implementation appears 
unsatisfactory, and many hamper  trade (exports and imports).  
Can Cambodia provide update on the state of play with regard to the implementation of the 
Standards Law, and in particular, progress with re gard to re-examining parts of the Law, and if 
necessary revise them?  
What is the envisaged timeframe for the revisio n of the Law, and establishing the appropriate 
institution for the implementation of the Law?  WT/TPR/M/253/Add.1 
 Page 21 
 
 
 Answer:  
Cambodia has taken the following steps to implement the Law on Standards:  
‐ Cambodia has established the Institute of St andards of Cambodia (ISC) within MIME 
which is playing a role as Nati onal Standards Body of Cambodia. 
‐ Adopted Sub-Decree No. 62 (2008) on the organization and functioning of the 
Institute of Standards of Cambodia, which describes the main activities of the ISC. 
‐ Established the National Standards C ouncil (NSC) and its TOR. The NSC is 
composed of members coming from d ifferent organizations and institutions. 
‐ NSC had established 5 Technical Committees (TC) and TOR of the TC. 
o TC1 Building & Construction materials 
o TC2 Chemical substances and items 
o TC3 Food and Prepared Food Stuff 
o TC4 Cereal, vegetable and fruit products 
o TC5 Management system    
‐ Cambodia will re-examine parts of the Law in  2012, and revise them to comply with 
the requirements of the WTO TBT Agreement. 
Page 52, Paragraph 86, EU Q22-24, Standards 
The Secretariat's report describes the activities of the Institute of Standards of Cambodia, (ISC) 
created in 2007. 
Q22. Could Cambodia provide an indication with regard to its ongoing standard-setting 
activities, in particular how many standards are already in preparation and how many are 
planned to be prepared in the future? 
Answer:  
Ongoing standards setting Activities:  As of today, ISC has 77 Na tional Standards in which: 
‐ 22 standards are developed by Na tional Technical Committees;  
‐ 4 Codex standards adopted as national standards; 
‐ 45  IEC standards adopted s as national standards; and 
‐ 6 ISO standards adopted as national standards. 
The Institute of Standards of Cambodia (ISC) pl ans to develop and adopt 16 standards and guideline 
for the year of 2011 and 16 standards for the year 2012. In next 5 years action plan, Cambodian plan to develop and adopt 20 standards each year. 
Q23. Is Cambodia planning to increase the num ber of national standards? What steps has 
Cambodia taken in order to ensure that nati onal standards are based on international 
standards, in accordance with point F of Anne x 3 of the TBT Agreement on the Code of Good 
Practice for the Preparation, Adopti on and Application of Standards? 
Answer:  
‐ Yes, Cambodia has planned to increase the number of national standards. (See 
answer to the previous question). 
‐ Cambodia adopted the annex 3 of the TBT Agreement on the Code of Good practice 
for the Preparation, Adoption and Applic ation Standards, and has so notified the 
WTO in 2010.  WT/TPR/M/253/Add.1 
Page 22  
 
 ‐ Cambodia has developed procedures for adopt ing international standards to be 
national standards by complying with ISO/IEC Guide 21-1&2.  
Q24. What are the measures taken to raise aw areness on the importance of standards within 
governmental institutions (incl. regulators) and the private sector? 
Answer:  
To raise the awareness on the implementation of st andards, the Institute of  Standards of Cambodia 
has organized training seminars and workshops for all interested parties about the importance of 
standards and conformity assessment.   
Page 52, Paragraphs 84- 85, Indonesia Q3, TBT Regulatory framework  
According to the definition of standards, the DTIS (Diagnostic Trade Integration Study) has 
recommended that "Compulsory standards" be re viewed by the Cambodian government because it 
does not comply with what is required under the WTO-TBT rules on technical regulations. 
Why did the Cambodian government not review the compulsory standards? 
What requirement remain to be fulfilled in view  of Cambodia's commitment to bring its regime 
into compliance with the WTO Agreement, includ ing in the area of TBTs (Reference document: 
WT/TPR/S/253, Page 52, para. 85). 
Answer:  
Cambodia will review parts of the Law in 2012 includ ing the definitions of standards and compulsory 
standards and revise them to comply with the requirements of the TBT Agreement.  
Pages 51-53, Indonesia Q5, Labeling 
Indonesia would like to ask whether there is a Law in Cambodia regulating rule requirements. Is it 
compulsory for information on goods to  be printed in the local language?  
Are there any decrees stipulating that labeling carrying a description of substances must be 
implemented? 
Answer:  
Cambodia has regulated requirements for information on goods to be printed in local language by:  
‐ Law on the management of quality and safety of products and services; 
‐ Technical regulation on labeling of food product, no. 1045, dated 28 December 2000; 
‐ Sub-decree on management of classification and labeling chemicals, no. 180, dated 
20 October 2009. 
Technical regulation on labeling of food product No . 1045 requires that the labeling should be in the 
Khmer language or that an additional label in the Kh mer language should be a ffixed to imported food 
products. 
Sub-decree on management of classification and labe ling chemicals, no 180: Requires that imported 
chemical products and chemical consumer products shall be labe led in Khmer language before 
distribution in market or consumption.  WT/TPR/M/253/Add.1 
 Page 23 
 
 
 The Law on the Management of Quality and Safet y of Products and Services requires manufacturers 
and service providers to indicate on the produc ts, goods, and services in Khmer language the 
ingredients, composition, users' guidelines, manufac turing date, and expiration date along with other 
requirements that guarantee the safety and health  of consumers prior to their commercialization. 
Page 53, Paragraphs 95-97, EU Q25, SPS standards 
Cambodia has taken on commitment for the full im plementation of the WTO SPS agreement within 
a 5 year transitional period following accession. According to the Secretariat's report, Cambodia's SPS management system suffers from a number of serious  weaknesses, notably lack of adequate control 
and inspection systems. The shortcomings are signifi cant in particular with regard to key potential 
export areas such as plant, animal and fish, with  notably lack of certification, and traceability 
mechanisms.  
Provided the commitment under the WTO, and th e large potential for exports, how does 
Cambodia intend to address these deficiencies  in the implementation of the WTO SPS 
agreement?  
In particular,  how Cambodia plans to accelerate the SPS management system and capacity 
development in the coming years in order to improve inspection, and control capacity, hereby 
facilitating imports and exports?  
Answer: 
After becoming a member of the WT O in 2004, Cambodia has tried its best to fulfill all requirements 
including the implementation of SPS agreement. How ever, we still face shortfalls in implementing this 
agreement due to the lacking of Infrastructu re, human resources, technical knowledge and 
regulations. In order to make maximum progress Cambodia has: 
‐ Continued to prepare laws/regulations in conformity with international standards, 
such as OIE, IPPC, and Codex Alimentarius.  Those draft laws are: 
o Draft law governing agricultural pesticides and fertilizer, 
o Draft law on Animal Health and Animal Production, 
o Draft law on Phytosanitary Measures; 
‐ Implemented and prepared institutional a rrangements for the Food safety System 
from Farm to Table (Inter-Ministerial Sub Decree No. 868 on the implementation and 
institutional arrangements on food safety  based on the farm-to-table approach); 
‐ Established and strengthened SPS capacity su ch as Technical infrastructure, analysis 
capability, enhancing human resource capacity; 
‐ Disseminated, provided training, and increa sed the awareness to of concerned stake 
holders, especially private sector to understand SPS agreement, requirements and 
conditions for import-export process. 
In addition, a number of steps have been taken  that will make Cambodian exporters and potential 
exporters better able to meet SPS requirements in export markets. These include:  
‐ Good manufacturing practice and hygienic practice (GMP&GHP) have been 
enforced in local food processing factories and handicrafts. GMP&GHP training 
programs and workshops have been conducte d by technical expert team to food 
manufacturing managers at technology inc ubator center and General Department of 
Industry of Ministry of industry, Mines and Energy; 
‐ The capacity of SPS service providers has  been strengthened and internationally 
accredited: Industrial Laboratory Center of Cambodia (ILCC) has been given WT/TPR/M/253/Add.1 
Page 24  
 
 ISO17025:2005 accreditation in microbiology t est by National Association of Testing 
Authorities of Australia (NATA) in December 2010 and it has planned to be accredited in Chemical tests. The action plan for ILCC commercialization in 2013 has been endorsed by the Ministry of Industry, Mines and Energy; 
‐ The capacity of Institute of Standard of Cambodia (ISC) has been developed, 
especially in SPS management system through the establishment of Conformity 
Assessment Body (CAB) for Management S ystems Certification in order to gain 
international accreditation; 
‐ Five ISC's officials have been trained in the requirement of ISO 17021 and its 
interpretation to lead into systems certification, particularly Food Safety 
Management System (FSMS). 
Although considerable progress has been made, Ca mbodia requires further technical assistance in 
areas such as legal drafting (see below), operati ng laboratories, inspections and risk assessment. 
Page 53, Paragraphs 95-97, EU Q26, SPS standards 
What would be the timeframe for putting in pla ce the relevant structures to ensure appropriate 
SPS standards?  
Answer: 
In order to secure the implemen tation of SPS agreement, Cambodia needs financial and technical 
support to continue to prepare the followings draft laws in accordance with these schedules: 
‐ Draft law governing agricultural pesticides and fertilizer: Expect to finish in 2012. 
‐ Draft law on Animal Health and Animal Production: Expect to finish in 2013. 
‐ Draft law on Phytosanitary Measures: Expect to finish in 2013. 
Pages 54-58 and 69, Paragraph 19, EU Q27-29, SPS The Secretariat's report gives an overvie w of Cambodia's SPS related measures.  
Q27. Could Cambodia explain whether the required SPS certificates /permits for certain 
agriculture products (as mentioned in paragraph 17 in page 69) are based on international 
standards (OIE, IPPC, and/ or CODEX Alimentarius)? 
Q28. Are Cambodian SPS related import requirements made publically available and if so, where 
these can be found?  
Q29. Could Cambodia inform if and when it will notify SPS related measures which might have 
an impact on trading Partners to the WTO?  
Answer to Q27: 
Cambodia became a member of OIE in 1964, IPPC in 1952, and is a member of Codex Alimentarius 
Commission. Cambodia has implemented SPS in  compliance with the standards, guidelines, 
recommendations, and rules of OIE, IPPC and Codex Alimentarius, and adopts these norms as 
technical regulations wherever appropria te to Cambodian circumstances.  WT/TPR/M/253/Add.1 
 Page 25 
 
 
 Answer to Q28: 
The formalities and procedures for importation have b een disseminated and can be found on the SPS 
enquiry point website of the Ministry of Commerce. The relevant laws may be found in the Official 
Journal. 
Answer to Q29: 
Cambodia will notify its SPS measures in early 2012.  Page 55, Paragraph 99, USA Q9 and Indonesia Q4, SPS enquiry point 
The Secretariat notes Cambodia's difficulty with coor dinating a number of ministries with different 
responsibilities for ensuring safety for food and animal and plant health.  We note that Camcontrol is 
the SPS enquiry point. 
USA Q9:  Is Camcontrol also the National Notification Authority (NNA)?  
As the enquiry point, what powers does Camcontr ol have to gather information from the other 
ministries to respond to enquiries? 
Also, how does the NNA gather the inform ation that needs to be notified? 
Indonesia Q4:  Could Cambodia clarify the overlap in monitoring and regulating of inspection 
procedures concerning SPS measures?  As we know,  the fact that both agencies have their own 
responsibilities means that a risk to animal , plant, or human health may be imported  (Reference 
document: WT/TPR/S/253, page 55, para. 99). 
Answer to USA Q9: 
Each concerned Ministry (MAFF, MO C, MOH, MIME) has its respec tive Focal Points for relevant 
SPS matters. Camcontrol coordinates with those Focal points and agrees on the procedures on the 
exchange of information to respond to any enquiry. Practically, an enquiry may be channeled directly 
to the relevant and responsible authorities to gi ve feedback and copy to Camcontrol or those 
authorities may provide advice to Camcontrol regarding the response. 
Notifications are the responsibility of each concern ed ministry, and are coordinated and submitted by 
the Ministry of Commerce. 
Answer to Indonesia Q4: 
The inter-ministerial Prakas No. 868, on the impl ementation and institutiona l arrangements of food 
safety based on the farm to table approach was adopted by 6 Ministries (MEF, MOC, MIME, MAFF, 
MOH and MOT) on 20 Oct 2010. This inter-minister ial Prakas delineates clearly the responsibilities 
of each ministry. Thus, the issue of overl ap on SPS management systems has been resolved. 
Also, under its trade facilitation program, the RGC has adopted Sub-Decree 21 (Trade Facilitation 
through Risk Management) streamlining the clear ance process at borders while attempting to 
maintain the effectiveness of SPS inspection.  Sub-Decree 21 lays down provisions for setting up the 
Inter-Agency Agreement on the rel evant treatment to be applied to the risks for both imports and 
exports. WT/TPR/M/253/Add.1 
Page 26  
 
 Page 55, Paragraph 100, USA Q10, Risk assessment 
The report states that "MAFF/DAHP issue import pe rmits for animals and animal products based on 
risk assessment".   
Please describe the risk assessment methodolog y MAFF is using. Are the risk assessments 
publicly available? 
Answer: 
Risk assessment methodology conforms to the OIE standard including: 
‐ The collection of information, and evaluation of the situation of the exporting country. 
‐ The collection of the information on the situation of animal disease from OIE; 
‐ The collection of information, examination, and analysis of manufacturing method, 
packaging and transport. 
The Sanitary examination is in conformity with the list of infectious diseases, based on the 
International Animal health Code (OIE). 
The risk assessments are published and also posted on the website of the Ministry of Agriculture, 
Forestry and Fisheries. 
Page 55, Paragraphs 103-105, EU Q30, Inspection fees 
The Secretariat's report noted that Camcontrol is au thorized to conduct official inspection of goods in 
international trade and on the domestic (retail) market. It has primary responsibility for the 
enforcement of SPS quality and safety requirements unde r the WTO SPS Agreement. It levies fees for 
its inspection service based on ad valorem  basis (e.g. the fee for cargoes in spected is 0.1% of the c.i.f. 
value on imports and 0.1% of f.o.b. value on exports), with a minimum of US$6.0, which covers costs and contributes to government revenues,  at 1% of consolidated revenue. 
The EU is concerned that the Cambodian author ities administer cargo inspection fees which are 
levied on an ad valorem  basis and may therefore deter imports/exports as the 
processing/administrative cost no rmally does not rise with the value of imports. How do the 
authorities intend to address this issue?  
Answer: 
The Ministry of Commerce has drafted a new fee st ructure for CAMCONTROL inspections which is a 
WTO-compatible flat fee for service rendered. It is now awaiting endorsement by the Ministry of 
Economy and Finance.  
Page 56, Paragraph 105, USA Q11, Risk assessment 
The report states that "Camcontrol's priority SPS and food safety is surveillance of the domestic 
market, targeting smuggled and legitimate food products on the basis of risk assessment findings."  
What risk assessment methodology is Camcontrol using?   
Are the risk assessments publicly available?  WT/TPR/M/253/Add.1 
 Page 27 
 
 
 Answer: 
Camcontrol is using the risk assessment methodology as recommended by Code x. We have already set 
up priority list of products at the beginning based on risks linked to the intrinsic characteristics of the 
products and the information we get from other s ources. However, the process is still at the learning 
stage, and we are receiving technical assistance fr om ADB and the World Bank. Technical assistance 
is essential for further progress.    
Page 57, Paragraph 111, China Q3, rice and SPS 
Cambodian rice exports are unable to access certain  markets…Cambodia currently does not seem to 
meet requirements regarding, inter alia, th e capacity of phytosanitary laboratories. 
Since rice is one of Cambodia's main exports an d enjoys great export potential, what will the 
Cambodian government do to improve its overall SPS capacity in order to tap the international 
market? 
Answer: 
At a general level, the RGC is strengt hening relevant  SPS capacity through: 
‐ Continue to prepare laws/regulations to be conformed to international standard and 
principles of international instruction of OIE, IPPC and Codex Alimentarius; 
‐ Establish and strengthen capacity on SPS su ch as infrastructure, technique, analysis 
capacity, human resources . People's Republic of China has and continues to support 
the building of Laboratory and to provide training to enhance capacity of human resources; 
‐ Disseminate, provide training to increase awareness to stake-holders, especially 
private sector to understand SPS agreemen t, requirements and conditions for import-
export; 
‐ Prepare action plan and implement action plan for the promotion of paddy 
production and rice export as mentioned in the policy paper on the promotion of 
paddy production and rice export. 
More specifically, good manufacturing practice and hygienic practice (GMP&GHP) have been 
enforced in local food processing factories includ ing rice millers. In addition, the Institute of 
Standards of Cambodia is preparing 18 national standards related to rice, including 10 product 
standards for 10 kinds of rice, 1 standard for rice milling, 1 standard for rice packaging, 3 standards 
for guidelines relating to Good Manufacturing Practice (GMP), (GHP) and Safety System and 3 standards on a Code of Good Pr actice regarding methods to reduce heavy metal, pesticide residues 
and contamination presenting in the rice product. Th e ISC has extended its conformity assessment 
scheme to include rice.  
Large rice milling companies are e quipped with high-tech laboratories that ensure that Cambodian 
rice meets international SPS standards.  
Chapter IV. Trade Policies by Sector 
Page 58, Paragraph 115, EU Q31, IPR 
The Secretariat's report states that that the Cam bodian draft law on compulsory licensing for public 
health is being drawn up by the Ministry of Hea lth and is scheduled to be submitted to the national 
Secretariat for Intellectual Property in 2011. WT/TPR/M/253/Add.1 
Page 28  
 
 Could Cambodia provide more detailed information and the current status of this draft law? If 
possible, could the Cambodian side also explain the criteria for granting a compulsory license 
under this draft law and under what circumstanc es these provisions will be employed (the scope, 
duration, and procedure)?  
Answer: 
The draft law on Compulsory License is not fully completed. However, the draft law will follow 
closely Article 31 of TRIPS.  
Page 60, Paragraph 121, USA Q12, IPR   
In its report, the Secretariat indicates that the three levels of Cambodian courts have the authority to 
apply provisional measures, including for the de tention of material evidence, ceasing infringing 
activity, and confiscating infringing goods.   
Do judges have the authority to adopt such provisional measures inaudita altera parte ?  
Answer: 
The relevant legal texts do not require the court to contact or hear the alleged infringer before 
ordering provisional measures. Please kindly see  Cambodia Laws on Marks, Trade Names, and Acts 
of Unfair Competition Articles 29-34, Copyrights and Related Right Article 59, and Patents, Utility 
Model Certificates, and Industr ial Designs Article 126.  
Q12.1 Please indicate whether final judicial d ecisions are written and are based on the facts 
and evidence as presented.  
Answer: 
Yes, Please kindly see Cambodia Civil Procedure Code Article 180. 
Q12.2 Are court costs and attorney s' fees available to be awarded to the prevailing party in all 
IP civil infringement cases?  
Answer: 
Yes, please kindly see Cambodian Civil Procedure Code Art 59-64.  
Q12.3 Can injunctions be obtained against the exportation of goods suspected to be infringing?  
Answer: 
Yes, injunctions are available to protect against all kinds of infringement. See Cambodia Laws on 
Marks, Trade Names, and Acts of Unfair Competiti on Articles 27, 35 to 47, Copyrights and Related 
Right Articles 59, 63, 64, and Patents, Utility Mode l Certificates, and Industrial Designs Article 126.  
Q12.4 Do the courts have the authority to or der the destruction of goods determined to be 
infringing, as well as the equipment, material s, and implements used to manufacture and 
distribute such goods?   WT/TPR/M/253/Add.1 
 Page 29 
 
 
 Answer: 
Yes, please see Cambodia Laws on Marks, Trade Nam es, and Acts of Unfair Competition Article 46, 
Copyrights and Related Right Articles 58, 66, and Patents, Utility Model Ce rtificates, and Industrial 
Designs Article 134.  
Q12.5 Please clarify whether the courts have th e authority to order sanctions against litigants 
and other parties subject to the court's jurisdicti on in order to enforce their orders, such as in 
the case of injunctions.  
Answer:  
Yes the Courts have the authority to order sancti ons against litigants and other parties subject to the 
court's jurisdiction in order to enforce their orders.  The sanctions are carried out by the Prosecutor 
Office. 
Page 60, Paragraph 124, USA Q13, Enforcement 
The report notes that a new sub-committee on Enforc ement (of the national IPR Committee) is being 
created to address the potential confusion resulting from  the lack of transparent rules that clarify the 
particular task of each agency.   
Is there a timeline to issue rules to clarify the tasks of each agency to handle infringement 
complaints?  
Answer: 
Prime Minister's Sub-Decree will be adopted in 2012.  WIPO expert fact finding was done in August 
this year for the purpose of drafting the Sub-Decree . 
Q13.1 The Secretariat indicates the need to strengthen human resources knowledgeable in IPR 
issues and to develop IP education at the uni versity level.  Is there a budget and targeted 
number of hires to increase the number of qualified professionals to work in IPR enforcement?  
Answer: 
No.  Q13.2 What steps are being taken to develop IP R education at the university level, and to 
educate existing IPR enforcement employees on IPR issues?  
Answer: 
Under the Trade  Development Support Program, the Ministry of Commerce has already hired 
National and International Consultants to develop cu rricula, training materials, and manuals to be 
introduced to Universities, IP Offices, and Enforcement Agencies in 2012 or 2013.  
Page 60, Paragraphs 122-123, EU Q32, IPR 
The Secretariat's report describes authorities r esponsible for the enforcement of the IPRs. Could 
Cambodia specify whether all the enforcement auth orities have the same ex officio competence 
as customs authorities (mentioned in paragraph 122)?   WT/TPR/M/253/Add.1 
Page 30  
 
 Answer: 
Yes, all competent enforcement  authorities have ex officio powers.   
Page 61, Paragraph 125, EU Q33, IPR 
The Secretariat's report informs that in January  2003, a comprehensive law on the protection of 
patents and industrial designs entered into force.  
Could Cambodia inform whether its legislation already includes a provision implementing 
Article 39.3 of TRIPS ?  
Answer: 
Cambodian Patents, Utility Model Certificates, and I ndustrial Designs Law do no t include provisions 
implementing Article 39.3 of TRIPS.  
Page 61, Paragraph 128, EU Q34-36, IPR The Secretariat's report states "Provisions on compulsory licensing may be applied following three 
years of non-use of a patent, or if a patented product has not been offered for sale in sufficient quantity 
to supply the Cambodian market without valid r eason. The licence would be predominantly for the 
supply of the domestic market. " 
Q34. Could Cambodia provide clarifications on this provision as regards the exact meaning of 
the term "non-use"? May serious preparations by the patentee (e.g. building manufacturing facilities, developing business plans, etc.) be considered as use?  
Answer: 
Cambodia Patents, Utility Model Certificates, and Industrial Desi gns Law, Article 56: "On the 
request, made to the Minister after the expiration of a period of four (4) years from the date of filing of 
the patent application or three (3) years from the dat e of the grant of the patent, whichever period 
expires last, the Minister may issue a non-voluntary license/compulsory license if he is satisfied that 
the patented invention is not exploited or is insu fficiently exploited in th e Kingdom of Cambodia. 
Notwithstanding the 1st paragraph of this Article, a non-voluntary license shall not be issued if the 
owner of the patent satisfies the Minister that ci rcumstances exist which justify the non-exploitation or 
insufficient exploitation of the patented invention."  
Basing on the second paragraph ab ove building manufacturing facilities, developing business plans, 
etc. can be considered as justific ation for delays in exploitation. 
Q35. Could Cambodia also provide explanation on the meaning of "a patent" in the 
paragraph 128 – is it referring to the patent al ready granted or it also refers to the patent 
application? In other words: may the non-use of  an invention before the grant of the patent 
serve as a basis to request a compulsory license?  
Answer: 
According to the Cambodia, Patents, Utility Model Certificates and Industrial Designs Law  ("Patent 
Law"), a "patent" refers to a patent that has alre ady been granted and not to a patent application. 
However, the non-use of an invention before the gran t of a patent can serve as a basis to request a  WT/TPR/M/253/Add.1 
 Page 31 
 
 
 compulsory license. Article 56 of the Patent Law states that the Minister may issue a non-
voluntary/compulsory license four years from the dat e of filing of the patent application. As a result, 
the non-use of an invention may serve as the basis to request a compulsory license even before the 
grant of the patent."  
In the Cambodian law the term "pat ent" refers to the patent already granted (Article 3 of Patent Law 
"patent" means the title granted to protect an inven tion). Yes, Compulsory License can be issued after 
the expiration of a period of 4 years from the date of filling of the Patent application (Article 56 of 
Patent Law). 
Q36. Furthermore, could Cambodia inform whet her provisions on compulsory licensing in 
the law on the protection of patents and industrial designs are in line with Article 27 of TRIPS, 
which foresees very accurately rel evant procedure to follow and conditions to comply with while 
granting compulsory licenses? Please provide the relevant provisions.  
Answer: 
TRIPS Article 27 relates only to "Patentable Subject Matter". Cambodia believes that this question may be with regard to Article 31 of TRIPS "Other Use Without 
Authorization of the Right Holder". 
Please kindly see Cambodia's Law on Patents, U tility Model Certificates, and Industrial Designs, 
Articles 47 to 55, "Exploitation by Government or Person thereby Authorized", and Articles 56 to 64, 
"Non-Voluntary Licenses".   
Page 62, Paragraphs 134-135, EU Q37-38, IPR 
The Secretariat's report informs that in January  2003, the Law on Copyrights and Related Rights 
entered into force.  
Q37. Could Cambodia provide detailed informatio n on the types of related rights covered by 
the Cambodian legislation?  
Answer: 
Related Rights in Cambodia Copyrights and Related Right include: 
 - Right of Performer (Articles 41-43) 
 - Rights of Phonogram Producers (Articles 44-45)  - Rights of Video Producer (Article 46)   - Rights of the Broadcasting Organizations (Articles 47-48). 
Q38. What is the duration of protection for related rights?  Answer: 
The duration of protection for related rights stated in Cambodian Copyright and Related Rights Law 
Article 53 as below:  
1. The duration of protection for performer s hall be 50 (fifty) years following the calendar year 
in which the performance was fixed in the phonogr am, or in the absence of such fixation, from 
the end of the calendar year in which the performance took place.  WT/TPR/M/253/Add.1 
Page 32  
 
 2. The duration of protection for the phonogra m producer shall be 50 (fifty) years following the 
calendar year in which the phonogram was published, or  in the absence of such publication, from the 
end of the year following the fixation of the phonogram.  
3. The duration of protection of the broadc asting program of the broadcasting organization 
shall be 50 (fifty) years following the end of ca lendar year in which this program was broadcast. 
Page 63, Paragraph 136, EU Q39-40, Geographical indications  
The Secretariat's report informs that the draft GI la w has been prepared and will be soon promulgated.  
Q39. Could Cambodia specify whether the new GI law will enable also the registration of 
foreign GIs and inform when it is  expected to enter into force?  
Answer: 
Yes, foreign GI can be registered. The la w is expected to enter into force 2012-2013.  
Q40. In addition, could Cambodia provide more detailed information about the draft law, in 
particular, what shall be the conditions regarding the duration of validity, and the generic nature of a GI?  
Answer: 
Registration duration is forever, and there is no provision on registered GIs becoming generic.   
Page 64, Paragraph 139, EU Q41, Enforcement  
The Secretariat's report states "[…] customs authoriti es are allowed to inform right holders about the 
possible importation or exportation of infringing goods. " 
Could Cambodia explain the meaning of the sentence above, including in which context this 
applies, e.g. before the seizure of suspected counterfeit goods take  place at the border or after 
the seizure takes place, or in any other situation? What is the objective of such provision? 
Answer: 
Pursuant to Border Measures (Articles 35-47 of TM  Law and Article 63 of Copyright and Related 
Rights Law), the right holder may make application to the Customs or competent authorities or court to suspend clearance of goods suspected of being counterfeit. However, when Customs has any doubt 
relating to counterfeit goods being imported, the custom s may also inform the right holder to assist in 
identifying whether the suspected goods in fact infringe.    
Page 64, Paragraph 141, EU Q42, Enforcement  
Cambodian Government has made significant progress within the area of Intellectual Property Rights. 
There remain, however, certain weaknesses/problem s as described in the Secretariat's report.  
Could Cambodia clarify what steps are currently being taken in order to improve the situation 
to ensure effective enforcement of IPR, in lig ht of Cambodia's obligations under TRIPS?  
Do the authorities have plans to increase the op erating budgets of IPR enforcement agencies?   WT/TPR/M/253/Add.1 
 Page 33 
 
 
 Answer: 
Cambodia is going to set up two National Sub-Committees, namely, National Sub-Committee on IP 
Enforcement and National Sub-Committee on IP Education in 2012-2013. Cambodia does not have a separate budget for IP enforcement. 
Page 68, Paragraph 12, Australia Q1, Facilitate agricultural exports 
The WTO Secretariat report notes challenges in Cambodia's export services sector have resulted in 
limiting agricultural exports.  
Given the economic benefits of such exports could Cambodia outline any measures it is 
considering to improve relevant infrastructure an d services to facilitate agricultural exports?  
Answer: 
In its Rice Policy, the RGC has set out measures to  promote export facilitation in order to expedite 
agriculture export, in which the hard system incl udes transport infrastructu re, seaports, warehouses 
and the soft system includes trade facilitation, su pporting institutions, quality standards, sanitation 
and phyto-sanitation standard (SPS) etc.   
Measures on Logistic System 
A. Immediate measures 
‐ Improve trade facilitation and reduce info rmal spending by clearly identifying 
milestone of export procedure reducing time for clearance as well as sharing 
responsibility between concerned ministries in or der to grant  special treatment to the 
rice sector;  
‐ Implement Single Stop Service for agricu ltural export procedure for filling customs 
document procedure and other certificates su ch as SPS, fumigation, certificate on 
quality, quantity and weight and customs declaration; 
‐ Address classification and quality standards in compliance with international 
standards in order to establish the standard of Cambodian rice and also work with 
private sector, in terms of rice production, to strengthen technica l capacity to meet 
the required standards. 
B. Medium to longer term measures 
‐ Speeding up the restoration and operation of rail-roads transport (Poipet-Phnom 
Penh and Phnom Penh-Preah Sihanouk Provin ce): by using railways, rice and goods 
transport will be cheaper, eliminating u nnecessary expense and shortening shipment 
times. The ministry of public works and transport especially Concessional Management Committee (CMC) for Restruct uring of the Royal Railway Cambodia 
has to accelerate the work on restructuring and development by collaborating with 
Concession Company to begin the railways transport operation; 
‐ Consider the establishment of an Export-Impor t Bank to support the export of rice 
and other goods; 
‐ Consider the establishment of a Cambodia Development Bank to support other 
physical infrastructures in order to boost the level of economic growth and improve 
the competitiveness of the Cambodian economy. 
 WT/TPR/M/253/Add.1 
Page 34  
 
 Cambodia has laid out policy to promote paddy prod uction and rice export. In order to realize this 
policy, MAFF has also prepared an action plan fo r its implementation to promote paddy production 
and rice export (Implementing Action plan for the prom otion of Paddy production and Rice Export) as 
follows: 
‐ Measures concerning Paddy production; 
‐ Measures concerning the purchasing and processing of paddy; 
‐ Measures concerning the facilitation system of rice export; 
‐ Measures concerning market access. 
Page 68, Paragraph 13, Australia Q2, Rice exports Australia notes Cambodia's plans to become a significant rice exporting nation. 
Does Cambodia plan to increase exports of ot her agricultural products under the 'National 
Strategic Development Plan'?  
Answer: 
In 2010, the area under non-rice crops was 752,639 ha,  about 21 per cent of th e total sown area. This 
has increased from about 14 per cent in 2007. The land under non-rice crops has thus rapidly risen, 
resulting in a more diversified cropping regime. Ho wever, to meet the NSDP Update 2009-2013 
target, area under non-rice crops must grow still higher. 
Among the main crops in the non-rice crop segment  are maize, cassava, mung bean, soybean and 
rubber. Rubber is a perennial industrial export crop, contributing to both latex and timber. 
Smallholders control almost 45 per cent of the area under rubber. It creates jobs for them, helping to 
reduce poverty and preventing out-migration. Being a tree crop, it also helps expand green cover and 
protect the environment. In 2010, rubber plantations in Cambodia covered 181,430 ha, an increase of 39.6 per cent compared to 2009 (129,920 ha).  
Besides rice, Cambodia also has plans to export ot her agricultural products namely cassava, rubber, 
fishery products, corn/maize, soybeans, cash ew nuts, livestock, silk, and palm oil. 
Page 69, Paragraph 17, Australia Q3, Tariff reduction 
Australia welcomes Cambodia's reforms in the agricu lture sector, including the reduction in tariffs on 
agricultural products, relatively open trade policy settings and low levels of domestic support.  
Does Cambodia plan to reduce tariff levels further?  
Answer: 
Cambodia has no plans to reduce MFN tariff le vels. Cambodia will follow the tariff reduction 
schedules (including for agricultural products) of the ASEAN FTA and other FTAs commitments. 
Page 70, Paragraph 22, Australia Q4, Rice policy Q4.1 Could Cambodia outline progress on its rice policy adopted in 2010 to increase 
production and export of rice?   WT/TPR/M/253/Add.1 
 Page 35 
 
 
 Answer: 
The Royal Government of Cambodia adopted on 25 June 2010 its Rice Policy, aiming at increasing 
unprocessed rice surplus to 4 million tons and to expor t milled rice of at le ast 1 million ton by 2015 
and to create the Cambodian rice brand name on the in ternational market. To achieve this objective, 
the RGC has adopted a two-prong strategy: (i) C onvert informal export of paddy to neighboring 
countries to formal export of processed rice to international markets; and (ii) Enhance 
competitiveness in medium term. Furthermore, this objective can be achieved by addressing issues of 
value chain, production, processing, export fa cilitation and marketing and promoting coordination 
among various agencies. 
The RGC has identified some quick win measures: such as improvements in seed and appropriate 
technology, small-scale irrigation, rural road, mi crofinance. Over the medium term, the RGC will 
address the issues of water Manageme nt, rural electrification, farm er organization and agricultural 
land management. 
The results achieved to date are the following: Total paddy rice production increased to around 8.25  million tons in 2010/11 from 7.58 million tons 
in 2009/10. The increase in rice production reflected greater use of mechanized equipment, such as 
tractors and small-scaled mechanized plough, harves ting equipment, increased use of agricultural 
inputs and more frequent recourse to agricultural ext ension services, as well as the change in the use 
of rice species from long-term to medium to shor t term rice, allowing farmers to harvest more than 
one crops a year. However, rice production and export in  2011 is likely to be negatively affected by 
the current flooding. 
In thousands tons 2009/10 2010/11 2011/12 
Paddy production 7,586 8,249 8,500 
In implementing the Rice Policy, the RGC has increased  investment in rural infrastructures, such as 
rural road and irrigation facilities. Investment in  small-scaled irrigation facilities increased from 
USD 101.4 million in 2009 to USD 188.8 million in 2 010. An additional investment in irrigation was 
USD 40 million in the first half of 2011. 
Commercial and specialized banks also  increased their loan portfolio for agriculture to 7% of their 
total loans, amounting to USD 264 million in 2010. A USD 36-million Fund for Agricultural Development was established and managed by the B ank for Rural Development to provide trade 
finance to the Cambodian Rice Miller Association, of which US5.65 million were used as investment 
capital and USD 30 million used as operating capital.  
The Ministry of Agriculture, Forestry and Fisheri es (MAFF) identified 10 rice species for production 
and distribution of seeds to farmers. The MAFF launched agricultural extension program, expanded 
agricultural research stations and intensified the activ ities of the Center for Agricultural Development 
to cover the production of rice seeds, research and t echnical training. In this regards, the MAFF 
reactivated the activities of the Samrong Rice S eed Production Center, which includes warehouse, 
drying machine and irrigation facility.  
The Ministry of Economy and Finance has streamlined  procedures for the import of rice seeds and 
agricultural machinery. Permit issu ance is decentralized to the border checkpoint in order to 
facilitate import. The Ministry introduced a 0-percen t import duty for the import of agricultural inputs 
and agricultural machinery, including rice-milling ma chine. The Cambodian government provided a 
3-year exemption of the profit tax for investment pr ojects in rice milling. The Ministry of Economy and WT/TPR/M/253/Add.1 
Page 36  
 
 Finance is considering a Credit Guarantee Scheme and a Risk Sharing Facility to help farmers cope 
with weather risks. 
The Ministry of Industry, Mine and Energy (M IME) has expanded the coverage of the Rural 
Electrification Project and issued licenses to rura l power supply operators in order to increase access 
to electricity to 7.061 villages in 2010, an increase of 50%. The government reduced the tariff of rural 
electricity by 65,7% at the end of 2010 from 3500 riels per kWh to 1,200 kWh for 5,913 villages. 
The Ministry of Land Management and Urbanizatio n has expanded the land-titl ing program in order 
to ensure land tenure security and encourage farmers'  investment in their land. As of April 2011, a 
total of 1,848,389 land titles were is sued, of which 598,828 titles were issued as part of the systematic 
land-titling program. 
In thousands tons 2009/10 2010/11 2011/12 
Exports of milled rice 15.5 51.2 180 
Milled rice exports are expected  to increase more about tree-folds in 2011. The increase was due to 
the EU's "Everything But Arms" initiative (import quotas were cancelled and rice originating in 
Cambodia was duty free. EU accounted for 82% of milled rice exports, with the remaining 18% going to other countries. 
Cambodia has also prepared an implementation action plan for the promotion of paddy production 
and rice export: 
 Measures concerning Paddy production 
‐ Streamline procedures on the importation of paddy seed, fertilizer, agricultural inputs 
and agriculture machineries 
‐ Continue to provide incentives on impor t duties for agricultural materials and 
equipments 
‐ Identify important paddy seeds which a re the priority objective for enhancing 
production capacity; 
 Measures concerning the purchasing and processing of paddy;  Measures concerning the facilitation system of rice export; 
 Measures concerning market access. 
To assist producers in meeting SPS requirements, the Institute of Standards of  Cambodia is preparing 
18 national standards including 10 product standards fo r 10 kinds of rice, 1 standard for rice milling, 
1 standard for rice packaging, 3 standards for guidelines relating to Good Manufacturing Practice (GMP), (GHP) and Safety System and 3 standards on Code of Good Practi ce regarding methods to 
reduce heavy metal, pesticide residues and contamina tion presenting in the rice product. The ISC has 
extended its conformity assessment scheme to cover rice.  
Q4.2 How does Cambodia plan  to address constraints on processing and warehousing 
capacity which is identified as a limit on rice exports?  WT/TPR/M/253/Add.1 
 Page 37 
 
 
 Answer: 
The expansion of Phnom Penh Port included the launch of 2 warehouses in order to improve 
warehousing capacity and to diversify  export routes for rice. The further expansion of the Phnom 
Penh Port is aimed at facilitate transportation an d export of agricultural products by using feeder 
ships and transferring to mother ships in a third c ountry in addition to the Sihanoukville Port, which 
has recently launched a new container port to increase its handling and warehousing capacity.  
The Phnom Penh Dry Port has planned two more  warehouses on 10 hectares of land to increase 
warehousing capacity for rice export. 
Moreover, the RGC will push for constructi on bonded warehouse in the country to facilitate 
transportation and distribution.     
The RGC has provided incentives to build high tech rice mills, which focuses on the whole rice 
production process, including silo. As a result, the number of rice milling and exporting companies 
increased from 9 in 2009 to 30 in 2010. 
Page 72, Paragraph 29, Australia Q5, Rubber exports Could Cambodia outline how the Government's  trade facilitation policy has improved rubber 
exports in recent years and whether traded volumes have increased?  
Answer: 
The Government is implementing trade facilitation po licy aiming at improving investment climate and 
trade facilitation in Cambodia. Customs reform and modernization programs include: 
‐ Introduction of ASYCUDA for faster customs clearance and better customs control;  
‐ Implementation of Trade Facilitation thr ough Risk Management (Traders' Credibility 
Management System, Customs Risk Management Database System) leading to better 
traders' compliance; 
‐ Introduction of Customs-Private Sector Part nership Mechanism for consultations on 
trade and customs matters; 
‐ Strengthening institutional and hum an resource development including the 
establishment of new customs office to ensure the expanded coverage of customs 
management and control; 
‐ Improvement of governance for customs o fficials (Customs Code of Conduct and 
Ethics, implementation of Anti-Corruption Law).  
Rubber export is sensitive to price changes in the international market. Rubber production and 
exports fell dramatically during the Global Fina ncial Crisis, when r ubber price dropped from 
USD 3,000 per ton in 2007 to around 700 per ton in 2008. 
In response to the sharp decrease in rubber exports in 2008, when the price for rubber collapsed, the 
RGC waived the 10 percent export tax on rubber. How ever, in recent years (from 2009 up to date) the 
price of rubber has been increasing (up to 4,500 to  5,000 USD per ton) leading to increased exports 
of this product.  
In recent years, since the inter national price on rubber increased, the Government annulled previous 
tax measures, and introduced a new sub-decree to  collect export taxes on rubber. Sub-decree No. 172 
ANKR.BK dated 29 December 2010 set the following ca scading specific tax based on the threshold of 
rubber price fluctuation as below: WT/TPR/M/253/Add.1 
Page 38  
 
 Rubber Price (USD/ metric ton) Export Tax (USD/ metric ton) 
Less than $ 2,000 50 
2,000 to less than 3,000 150 
3,000 to less than 4,000 200 
4,000 upward 300 
As a result of the implementation of the policy meas ures described earlier the volume of rubber export 
has increased rapidly in recent years.  
 2008 2009 2010 2011 (est.) 
Rubber exports 
(in thousand tons) 14 33 29 50 
Figure 1. The Patterns of Rubber Exports in 2008-2011 (in metric ton) 
 
Source: Department General of Customs and Excise. 
Pages 73-74, EU Q 43, Fisheries sector  
The report by the Secretariat descr ibes Cambodia's fisheries sector.  
Could Cambodia provide information how it ensu res that vessels listed on its shipping register 
do not engage in illegal, unreported and unregulated (IUU) fishing, comply with Cambodia's labour laws and regulations, as well as the relevant ILO Conventions relating to maritime 
workers and respect relevant Cambodia's environm ental laws and regulations, as well as the 
relevant multilateral environmental agreem ents that Cambodia has ratified?   WT/TPR/M/253/Add.1 
 Page 39 
 
 
 Answer: 
Under international law, national laws of pavilio n countries are applied to vessels that are registered 
with those countries. The Cambodian governme nt requires that vessels registered under the 
Cambodian flag should strictly comply with Camb odian laws and regulations. Vessels that breach 
Cambodian laws and regulations will be de-registered.  
Pages 73-74, EU Q44-45, Fisheries The Secretariat's report explains that Cambodia' s major export markets for freshwater fish are 
Thailand and Viet Nam, meaning that Cambodia relies on demand from only two countries. Diversification of the export destinations for fr eshwater fish would provide a significant opportunity 
to increase exports. According to the DTIS 2007, e xports to Thailand and Viet Nam are generally 
informal but still subject to several formal and info rmal fees. Furthermore, Cambodia's ability to meet 
relatively high SPS standards is limited in a number of sectors.  
Q44. Could Cambodia elaborate on its ability, or the lack thereof, to  meet SPS standards in 
this particular sector? 
Q45. Could Cambodia identify whether this co nstitutes a major drawback in this sector 
leading to limitation of export markets (i.e. only Thailand and Vietnam), and explain how it 
intends to address these issues? 
Answer: 
Cambodia (MAFF) used to issue permits to export fis h to the USA, EU, Australia, HK, Thailand, and 
Japan, but recently some countries have required hi gher standards that Cambodia can't fulfill. At 
present MAFF is able to issue export permits onl y on shipments to Hong Kong, Japan, Thailand and 
Vietnam. Presently, Cambodia (MAFF/Fishery Administra tion) continues to work with the private 
sector in enhancing Good Manufacturing Practice and sanitary provisions for products to be 
exported. Even though there are certain programs to enhance sanitary practices on those products, 
Cambodia requires further support to be able to  continue and expand fishery exports.   
Page 76, Paragraph 54, Thailand Q2, Investment incentives and remittance 
Q2.1 How does Cambodia provide incentives to in vestors in order to attract investment in its 
country?  
Answer: 
Laws and regulations governing FDI in Cambodia are designed to encourage investments. Once an 
investment project is registered as a Qualified Investment Project (QIP) with Council for the Development of Cambodia (CDC), it will be granted  the incentives as well as investment guarantee, 
such as: 
‐ Exemption from the tax on profit (tax holiday period); 
‐ Duty free import of production equipmen t, construction materials and production 
inputs according to the type of the QI P as provided in the Sub-Decree No. 111; 
‐ 100% exemption of export tax, except for activiti es as stipulated in laws in effective; 
‐ No discrimination between foreign and domestic  investors except for the ownership of 
land; but foreign investors can use land concessions, and unlimited long-term or 
short-term leases which are renewable; 
‐ No nationalization policy of private properties of investors; WT/TPR/M/253/Add.1 
Page 40  
 
 ‐ No price controls on products or services; 
‐ Investors are allowed to purchase foreign currencies through banking system and to 
remit abroad for the payment for imports and interest, payment of royalties, 
remittance of profits, and repatriation of invested capital; 
‐ All QIPs located within or outside sp ecial economic zones receive the same 
investment incentives and guarantees. 
The remittance of returns from foreign investment is f ree but is subject to withholding tax as provided 
in the Law on Taxation.  
For more detail, please see Chapter II, paragraphs  53-59 of the WTO Secretariat's report. 
Q2.2. Does Cambodia have a law governing remitta nce of return from foreign investment? If 
so what are the requirements? 
Answer: 
The Law on Foreign Exchange (1997) permits forei gn investors to purchase foreign currencies and to 
remit abroad through the banking system these currenci es for the discharge of financial obligations 
incurred in connection with their investment (pay ment for imports and repayment of interest, and 
remittance of profits). All international payment s including remittances are required to be made 
through the banking system. Transac tions for amounts greater than USD 100,000 have to be reported 
to the National Bank of Cambodia by banks for statistical purposes.  
The National Bank of Cambodia is authorized to license commercial banks and other agents to 
engage in foreign exchange transac tions and to regulate current and capital transactions.  
Pages 77-78, Paragraphs 57 and 60-61, USA Q14, ILO Better factories 
The Secretariat discusses the benefits to Cambodi a's apparel sector of the International Labor 
Organization's better Factories program that helped  attract investment and merchandise orders form 
multinational companies concerned about the labor standards in factories producing their products .  
Please discuss any efforts by the Government of Cambodia to build upon this ILO program or 
continue developing its export sectors by improvin g compliance with international labor standards . 
Answer: 
As regards building on the ILO pr ogram to develop export sectors, the Ministry of Commerce has held 
discussions with shoe manufacturers, explaining to  them the benefits that could derive from 
voluntarily following procedures similar to the Better Factories Program Cambodia.   
As regards building on the ILO program to conti nue to improve working conditions in Cambodia, the 
Ministry of Labor and Vocational Training (MLVT) has taken a number of steps. In 2007and 2008, 
MLVT  provided technical and vocational training  programs through 258 training centres (primary, 
secondary, tertiary) of which 58 centres belong to M LVT. The training involved 113,648 students (of 
which 53,903 were female students). The MLVT also  has provided trainings to 4,510 apprentices and 
workers (of which 4,082 were fema le) in 69 factories and has established a National Employment 
Agency (NEA) to assist the train ees after they have finished their technical and vocational training in 
finding jobs, which constitutes a connection to  labour market and a link between labour forces and 
training institutions.   WT/TPR/M/253/Add.1 
 Page 41 
 
 
 To ensure improved working cond itions, the Ministry has continued its focus on strengthening the 
enforcement of the Labour Laws and regulations , disseminating information about these laws, 
conducting inspections of working conditions, hygi ene and occupational safety, child labour and 
foreign employees at business establishm ents across the country. It has facilitated resolution of labour 
disputes and promoted the formation of labour associ ations in accordance with the provisions of the 
Labour Law and international standar ds on labour. The Ministry is now working on drafting the Law 
on Trade Unions through a tripartite mechani sm comprising representatives from the RGC, 
worker/employee organizations and employer organizati ons. In 2008, there was a dramatic decrease 
in the number of labour disputes and violations  concerning working conditions. Among 174 labour 
disputes in 171 business establishmen ts, 90 cases have been resolved.  
The Ministry conducted 3,133 inspections in which 927 business establishments that had been in 
violation of the provisions of the Labour Law w ere identified and given a wa rning and 12 were fined. 
The Ministry also conducted 1,338 inspections of  hygiene and occupational health conditions in 
586 business establishments. The Ministry has removed 8,221 children who were engaged in hazardous types of work, and has prevented 10,095 children from working on these types of jobs.  
Page 80, Paragraph 71, EU Q46 and Australia Q7, Legal services The Secretariat's report informs that  there has been an effort by do mestic law firms to propose a 49% 
equity limitation on foreign firms and restric tions on their forms of commercial arrangement.  
EU Q46: Could Cambodia please explain the rationale behind these proposed limitations?  
Is there still any plan in the pipeline to revive the proposal to limit foreign lawyers to supply services in Cambodia?  
Australia Q7: Could Cambodia confirm that it  is not seeking to impose foreign equity 
limitations on firms providing legal services in Cambodia? 
Answer to EU Q46: 
Cambodia has no intention to introduce equity limitations on foreign law firms. 
Answer to Australia Q7: 
Cambodia has no intention to introduce any forei gn equity limitations on firms providing legal 
services. 
Page 80, Paragraph 77, Japan Q1, E-commerce 
According to the Secretariat's report, the Govern ment of Cambodia is drafting electronic commerce 
legislation, even though currently there is no legislation on this sector.  
Japan would like to know if the new legislation on electronic commerce w ill be consistent with 
Article XVI and XVII of GATS, and when such legislation is likely to be introduced. 
Answer: 
A first draft of the e-commerce law is being prepa red at the working group level. It will be in full 
compliance with Articles XVI and XVII of GATS.   WT/TPR/M/253/Add.1 
Page 42  
 
 Pages 83-87, Singapore Q2, Infrastructure development 
Cambodia is also keen to develop its infr astructure services (such as financial services, 
telecommunications services, and transport servi ces) and to improve legal and institutional 
frameworks for business development, as a wa y to become more investor-friendly.  
Does Cambodia have any concrete plans on doing this?  
Answer: 
The "Vision and Financial Sector Development Plan for 2001-2010" (Blueprint) envisaged the 
development of a sound, market-oriented financial sector that will enhance resource mobilization and 
allocation and consequently suppor t sustainable economic growth. It was updated to cover the period 
of 2006-2015. Recently, the RGC has updated it further for 2011- 
2020 to incorporate the lessons from the Asian Fi nancial Crisis, notably by diversifying the financial 
sector, bringing the sector and its supervision and regul ation to international standards, and molding 
it as an efficient instrument to support agricultural and industrial development.  
Banking sector: 
‐ Conduct of Monetary Policy and Maintaining Financial System Stability;  
‐ Promotion of increased use of the national currency, the Riel; 
‐ Bank supervision will be further strengthe ned through improved  coordination among 
finance sector regulators by establishing an MOU signed by the finance sector 
regulators;  
‐ Compliance with the Basel Co re Principles, the prevailing global standard, would be 
one of the key elements for enhancing th e effectiveness of bank supervision; 
‐ The NBC and other finance sector agencies to establish a joint crisis management 
framework; 
‐ Making an Interbank Market Work by launching negotiable certificates of deposit 
 (NCDs) to cover the need for a security. 
Insurance: 
‐ Continued enforcement of the co mpulsory insurance requirements; 
‐ Implementing requirements of the Internati onal Association of Insurance Supervisors 
(IAIS) Insurance Core Principles, the k ey global standard for prudential regulation 
and supervision for the insurance sector, where applicable; 
‐ Training programs for staff in the regulator's office and insurance industry by 
establishing a training institute for the insurance sector; 
‐ The development of new products including life insurance. 
Pension funds: 
‐ The public sector funds which include: National Social Security Fund for Civil 
Servants (NSSFC), National Fund for Veterans (NFV) and Persons with Disabilities 
Foundation (PWDF); 
‐ Establishment of the National Social Security Fund (NSSF) for the private sector. 
Capital market: 
‐ Operationalization of the Cambodian Stock Market (CSX).  WT/TPR/M/253/Add.1 
 Page 43 
 
 
 Legal and accounting framework: 
‐ Completing the Commercial Legal Framework . The Commercial Contract Law is to 
be promulgated and accompanied by implementing regulations; 
‐ The establishment of a dedicated commercial court; 
‐ A competition policy will be adopted to prevent anti-competitive practices in the 
financial sector that will comprise a Competition Law and a Consumer Protection 
Law that will cover truth in lending; 
‐ Over the medium-term, the Law on Agen cy will be considered together with 
 implementing regulations; 
‐ Over the long term, a Competition Law Aut hority and Consumer Pr otection Authority 
 will be established. 
The Law on Corporate Accounts, their Audit a nd the Accounting Profession (Accounting and Audit 
Law) was adopted in June 2002 and requires enterp rises to prepare annual financial statements in 
compliance with 15 Cambodian Accounting Standards  (CAS). These fifteen CAS were issued around 
that time and were based on a modified version of certain International Accounting Standards (IAS). 
This law also established the requirement for aud its, and around this period, a number of Cambodia 
Standards on Auditing (CSA), based on certain international standards on audit, were also 
introduced. However, in January 2009, MEF issued re gulations to fully adopt International Financial 
Reporting Standards for all entities operating in Cambodia, including any interpretation and modernization of those standards issued by the In ternational Accounting Standards Board (IASB). In 
May 2010, the MEF promulgated Cambodian Standards on Auditing and Assurance (ISAA) issued by 
International Federation of Accountants, includi ng any future amendments to those standards. 
Payments system The NBC has developed a National Payment System Roadmap which has been  updated subsequently 
to guide the development of the National Payment S ystem for Cambodia. A draft Law on the National 
Payments System has been prepared.  
A system for check clearing, referred to as the "Interim Solution" was set up by NBC and introduced 
in May 2009 after the introduction of check standar d in September 2008. This system has been 
operating effectively. All checks issued by banks' he ad offices are cleared th rough the NBC's clearing 
house much faster now than was the case a few yea rs ago. Other projects include the establishment of 
a credit bureau, and the improvement of the le gal underpinning for leasing activities.  
Telecommunications  
Mobile phones currently 8 operators and Internet a ccess have been increasing by 50% a year. A 4G 
internet operator was launched in April 2011:  14 million subscribers of mobile phones. 
Future policies will focus on: 
‐ Enforcing the Law on Telecommunications;   
‐ Establishing the Telecommunications Regulator of Cambodia (TRC); 
‐ Sharing Backbone Infrastructure;  
‐ Increasing Fiber Optic Capacity; 
‐ Constructing / installing more Fiber Optic Backbone; 
‐ Launching the Satellite by Royal Group (Royal Blue Skies Co.,Ltd) soon; 
‐ Controlling and checking violations of licenses; 
‐ Taking measures against all operators w ho break  Government regulations; WT/TPR/M/253/Add.1 
Page 44  
 
 ‐ Establishing Internet Regulation; 
‐ Establishing the National Radio Regulation. 
Transport 
The Royal Government of Cambodia is committed to implement measures that will improve the 
availability of year round affordable transpor t services for individual and commercial users 
everywhere in the country. This will be done by encouraging private services where the demand is 
high and sufficient for profitability and by using subs idized services in remote areas, where demand is 
too low for profitability. 
The national road network rehabilita tion has nearly been completed and focus is moving to the 
secondary roads, where much work is still needed to provide the regions with all weather roads. 
Railways and maritime transport activities are mini mal relative to their potential and must be 
developed. 
Private sector participation in transport has been successfully  initiated through partnership 
agreements in toll road projects, airport concessi ons and a major reform is ongoing in railways. The 
Royal Government of Cambodia will continue to enc ourage private sector par ticipation for all means 
of transport. Private sector participation enables to accelera te the country's development by 
introducing foreign capital and resources. The Gove rnment will also develop an adequate regulatory 
and monitoring framework to ensure that private services follow national standards and interests. 
Competitive and transparent procurement procedu res will be adopted for all major concessions. 
Where the private services are intr oduced, the government will terminat e equivalent public services. 
The Royal Government of Cambodia is committed to improving safety and security for all means of 
transport. The Government will continue to devel op a better regulatory environment by introducing 
new laws and regulations and by strengthening the existing enforcement mechanisms. Implementation 
programs will be devised to facilitate the introduction of these new laws and regulations. 
As regards water transportation, the Government is committed to: 
‐ Develop maritime transport and port laws and regulations following all relevant 
international conventions and rules; 
‐ Consider opportunities for public-private  sector partnerships or private sector 
participation in port operations; 
‐ Promote the establishment of special ec onomic zones at Sihanoukville and Phnom 
Penh ports; 
‐ Introduce more efficient custom clearance procedures and systems; 
‐ Support the enacting of the protocol reflec ting the bilateral agreement reached with 
Vietnam to facilitate  river navigation; 
‐ Develop new port infrastructures in Phno m Penh, Sihanoukville, Kampong Cham and 
Chhong Kneas; 
‐ Plan and develop new wharf infrastruc tures and accesses at important river 
 crossings; 
‐ Devise river dredging self-financed mechani sms using private sector participation 
and improving navigation aids; 
‐ Update and amend waterways transport regul ations to ensure sa fety, security and 
environmental protection; 
‐ Implement organizational reforms and devel op capacity building programme for all 
involved in water transport.  WT/TPR/M/253/Add.1 
 Page 45 
 
 
 Page 84, Paragraph 91, Japan Q2, Port tariff 
According to the Secretariat's report, the minister  has veto rights over port tariffs and other policy 
matters.  
In the past, how many times, and for what reaso ns, has the minister(s) exerted these rights?   
Answer: 
Port tariffs are proposed  by the Board of Directors of the port authorities. Representatives of the 
Ministry of Economy and Finance and of the Mini stry Public Works and Transport are members of 
the Boards of Directors. The recommendations of th e board of directors are submitted for approval to 
the ministers of economy and finance and of public works and transport. Formally, the ministers have 
veto rights over the port tariffs, but they have never exercised these rights. Port tariffs are amended 
from time to time to reflect market conditions.   
Page 85, Paragraph 97, EU Q47, Access to credit 
The Secretariat's report mentions that the World Ba nk described Cambodia as top reformer in terms of 
easing access to credit through the recently approved Secured Transactions Law, which made it easier 
for businesses to qualify for loans. However, fore ign and local companies, notably SME's with a 
limited capital base and/or lacking property or la nd, continue to have limited access to credits, 
affecting trade and investment, mainly since a subs tantial collateral is gene rally required, making it 
impossible to realize viable and economically  important projects without bank funding.  
Are there any plans by Cambodia to revise the rules in the banking sector, thereby making it 
possible to extend credit to potential investo rs, and enhancing opportunities for the trade 
sectors, by revising the requirement for collateral?   
Answer:  
The use of collateral by banks refl ects the nature of SMEs themselves as well as the banks' generally 
cautious approach to lending. SMEs are genera lly small business owner-operated establishments and 
many of them are not formally registered. There  is a lack of reliable and accurate financial 
information with which banks can ascertain risk. Cu rrently, there are few SME firms that are able to 
produce documents and financial statements to satis fy basic underwriting cri teria in a commercial 
bank. Therefore, the RGC is making efforts to establish accounting and auditing systems in the 
country. Meanwhile, the central bank is endeavoring to  put in place a "credit bureau" that would keep 
track of borrowers' debt and previous default history. 
Pages 87-88, Malaysia Q1-2, Spectrum 
A few mobile operators in Cambodia, including Hello  Axiata have suffered from partial revocation of 
spectrum/frequency by the Government of Cam bodia i.e.2004 (2 MHz), 2008 (3.2 MHz) and 2011 
(0.3 MHz).. Such decisions were taken without consultation and compensation. The spectrum was 
later assigned to new licensees with no compensation granted to Hello Axiata. The withdrawal of the 
spectrum has cost Hello an additional investment of  USD 18ml to maintain its coverage and service 
quality due to shortage of spectrum.  
Q1.  While Hello Axiata has decided not to pu rsue a compensation claim, we seek assurance 
from the Government of Cambodia that no more spectrum will be withdrawn from Hello Axiata 
until the licenses granted to Hello Axiata expires.  Any premature spectrum withdrawal should WT/TPR/M/253/Add.1 
Page 46  
 
 be done through a public consultation process.  Will Cambodia hold a public consultation 
process before any premature spectrum withdrawal? 
Answer: 
The Ministry of Posts and Telecommunications of Cambodia (MPTC) fulfills the roles of policy maker 
and regulator. Decisions related to the alloca tion of spectrum are now subject to prior 
recommendation of the government. In relation to the spectrum withdrawal in question, the RGC 
undertook public consultations among all existing telecommunications operators before the decision 
on withdrawal was taken. The RGC is undertakin g the sector reform on Multi-band utilization and 
service diversification on ce llular mobile service. 
Q2. Are the terms and conditions of spectru m licenses, and its licensing procedures and 
processes publicly available? If yes, please indi cate the source where they are available to the 
public. If not, when would the Government of Cambodia publish such terms, conditions and 
procedures? In addition, we seek commitment fr om the Government of Cambodia to publish the 
licensing process and notice in advanced pr ior to the issuance of fresh license. 
Answer: 
The terms and conditions of spectrum utilization and its license procedures are not fully published, 
but are available to the public when required, and available on www.mptc.gov.kh 
Page 88, Paragraph 110, China Q4, Telecommunication 
As the law on telecommunication is yet to be a pproved by the National Assembly, and the telecom 
regulatory body has not yet been established, th e MPTC still acts as policymaker and regulator. 
Could the Cambodian delegation please indicate  when the telecommunication law will be 
approved and implemented? 
Answer: 
The Ministry of Posts and Telecommunications of Cambodia (MPTC) drafted the law on 
Telecommunications since the year 2005, with th e assistance and support of the International 
Institutions, such as International Telecommunica tions Union (ITU), Asian Development Bank (ADB) 
and World Bank (WB). 
On March 31, 2006, the draft was approved by the Council of Ministers, then submitted to the 
National Assembly for its passage. The National Assembly returned the draft with the recommendation that the organization and the functi oning of the Telecommunication Regulator of 
Cambodia (TRC) should be included in the draft la w. The Ministry revised the law following these 
recommendations, engaged in inter-ministerial consul tations and has re-submitted the draft law to the 
Council of Ministers.  
We do hope that the new draft Law on Telecommu nications will be approved by the Council of 
Ministers by December 2011, then enacted and promulgated by the 2
nd semester, 2012. 
Chapter V. Aid for Trade 
No questions.  WT/TPR/M/253/Add.1 
 Page 47 
 
 
 Government Policy Statement 
Page 12, Paragraph 46, Japan Q4, AFTA tariff commitment 
The report states that AFTA specifies that duty -free access to Cambodia's market from other ASEAN 
countries will occur by 2015, with flexibility to 2018.  
In this regard, please describe in detail the concrete schedule for the reduction commitment. 
Answer: 
Under AFTA tariff commitment, Cambodia has to elim inate import tariff on all goods classified in the 
Inclusion List by 1 January 2015 except for goods in the General Exception List and Sensitive List. There is no tariff commitment for general exception products. An end rate for sensitive products is 
0-05%. Due to different level of economic developmen t, Cambodia has been given flexibility for 7% of 
the tariff lines in the Inclusion List, for which im port tariffs will be elimi nated by 1 January 2018. A 
timeframe of tariff elimination for petroleum produc ts is longer than that of other Inclusion List 
products i.e. import tariffs will be  eliminated by 2026. The preferen tial tariff is accorded only to 
originating goods from other ASEAN Member St ates. The detailed tariff reduction schedule is 
available on the ASEAN website. 
Page 13, Paragraph 51, Japan Q5, Certificate of origin Japan is of the view that timely and appropriate i ssuance and recognition of a certificate of origin is 
necessary for proper implementation of free trade agreements.  
Is there any measure or policy taken by the Camb odian Government to improve the capacity of 
government agencies in order to realize such  treatment on certificate of origin? 
Answer: 
In accordance with Ministry of Commerce ROO-relate d regulations, a certificate of origin has to be 
issued within 11 hours following the receipt of a complete set of the application documents. Goods 
clearance has been speeded up through a delega tion of decision making to customs border check 
points to release originating goods imported und er FTA commitments if certificates of origin conform 
with ROO and operational certificate procedures prov isions. The establishment of a national single 
window and ASEAN single window would further speed up goods clearance therefore further 
reducing cost of doing business.   
Page 16, Paragraph 70, USA Q1, Berne Convention   
Cambodia listed a number of legal reforms underway. 
Please provide an update on Cambodia's pl ans to accede to and implement the Berne 
Convention (1971 Paris text).   
Answer: 
Cambodia will work on the Berne Convention accession when the TRIPS extension expires. 
Q1.1  To that end, please provide further deta ils on the following questions on copyright law 
issues in light of TRIPS. Please describe ho w Cambodia will protect foreign works and sound 
recordings that pre-date Cambodia's accession to the WTO.  WT/TPR/M/253/Add.1 
Page 48  
 
 Answer:  
Cambodia is not a member of the Berne Convention.  When Cambodia joins the Berne Convention, we 
will fully implement the Convention including its Article 18.  
Q1.2 Please explain how Cambodia plans to prot ect compilations of data and/or literary and 
artistic works.  
Answer: 
Yes, Cambodia protects compilations of data, plea se kindly see Article 8 of Copyrights and Related 
Rights Law. Yes, Cambodia protects literary and artistic  works, please kindly s ee the Articles 7, 30, 
and 31 of Copyright and Related Rights Law.   
Q1.3 Please explain what types of "fair practi ces" Cambodia will recognize (e.g., educational 
or personal uses), and describe what might be the scope of these limitations and exceptions to 
copyright protection.  
Answer: 
Cambodia follows international practice. Please kindly see the Articles 23, 24, and 25 of Cambodia 
Copyrights, and Related Rights Law.   
Article 23: The importation of a copy of work by any  natural person, for his/her personal use, can be 
done without the consent of the author of that work or the right-holder. 
Article 24: The private reproduction of a published work in a single copy shall be permitted without 
the authorization of the author or the right-hold er, where the reproduction is made by a natural 
person exclusively for his own personal purposes. 
The permission under the proceeding paragraph of th is article shall not exte nd to the reproduction: 
 (a) Of a work of architecture in the form of building or other construction; 
 (b) In the form of reprography of the wh ole or a substantial part of a book, and of a 
musical work in the form  of musical notation; 
 (c) Of the whole or of a substantial part of a database in digital form;  (d) Of a computer program, other than a backup-copy;  
 (e) Of any work, in cases where reproducti on would conflict with a normal exploitation 
of the work or would otherwise unreasonabl y prejudice the legitimate interests of the 
author or the right- holder. 
Article 25: The author cannot prohibit the following acts:  
‐ Free and private representations made exclusivel y to a close circle of people such as 
family or friends;  
‐ The arrangement to preserve in a library the copy of work for the purpose of 
conservation or research;  
‐ The use of work for the purposes of educati on, which is not for financial gain;  
‐ The translation of works from Khmer language into the languages of the ethnic 
minorities or vice versa.  WT/TPR/M/253/Add.1 
 Page 49 
 
 
 If there is a clear indication of the author's name and the source of work, the following acts are not 
subjected to any prohibitions by the author: 
 - The analyses and short quot ations justified by the critic al, polemical, pedagogical, 
scientific or informative nature of that work; 
  - The broadcasting of press commentary;  
 - The dissemination of speeches addresses to  the public either entirely or in part, 
 through press release or television broadcasting;  
 - The adaptation of comic, style or caricature, based on original work;  
 - The reproduction of graphic or plastic work which is situated in the public place, 
when this reproduction doesn't constitute the principle subject for subsequent 
reproduction. 
Q1.4 We note that the current copyright law ha s several provisions that take a very broad 
approach to permitting the translation of works without the authorization of the author.  Please describe how these provisions are implemented in light of TRIPS Article 13. 
Answer: 
Article 10 of the Law on Copyright and Related Ri ghts permits the translation without permission of 
works belonging to the State that have no copyright protection. However, Article 21, stipulates that the author has exclusive right to authorize others to  translate their works into foreign languages.  
Q1.5 What are Cambodia's plans to a ccede to or ratify the Berne Appendix? 
Answer: 
We will work on the ratification of the Berne Appe ndix, when we join the Berne Convention. 
Page 17, Paragraph 73, USA Q2, Copyright registration   We note that only fifty Cambodian nationals have  obtained copyright registrations thus far.  Does 
Cambodia currently provide (or plan to provide) incentives to encourage copyright 
registration?  If so, please explain how.  We are also interested in learning more about what 
information in copyright registrations  Cambodia does (or might) make public .  
Answer: 
There are no incentives for registration of copyright works. Registration usually occurs only when the 
market is very large and/or reproduction is easy. Th e information provided for registration is freely 
available to the public upon request. Please kindly see the Article 39 of Cambodia Copyrights, and Related Rights Law. 
Page 17, Paragraph 74, USA Q3, Patent applications 
In its Report, Cambodia indicated that at the e nd of 2010 about 100 patent applications had been 
received, but that the process for granting a patent is still under development.  When will Cambodia complete the process for granting patents?  Camb odia further indicated that the Department of 
Industrial Property will shortly issue a regular publicat ion containing applicatio ns and, where relevant, 
the results of the patent searches.  Does Cambodia plan to conduct substantive examination of the 
application or only formality examination? WT/TPR/M/253/Add.1 
Page 50  
 
 Answer: 
Cambodia plans to have in place the process for gr anting patents before the end of 2014. This could 
occur sooner if we receive TA. Cambodia conducts only formality examinations. For substantive 
examinations, the filed patent application will be sent to International Examination Authorities 
abroad, who will conduct the substantive examination.   
Page 22, Paragraphs 110-117, Australia Q6, SMEs The Trade Policy Review report notes that Cambodia is addressing a number of key challenges for 
SMEs, such as cost registration procedures, business costs associated with import and export 
procedures, ongoing refinements to the legal frame work for business, access to bank finance, and 
production skills and kn owledge. In particular, the report notes th at Cambodia is currently establishing 
a coaching service to provide information on export procedures. 
Does Cambodia provide a training and coachi ng service which includes business planning 
activities to assist SMEs overcome key impediment, such as access to finance and general business production? 
If so, how is the training and coaching provided and what does it include? 
Answer:   
Public and private business schools and univ ersities have been conducting programs on 
entrepreneurship and business management. The subjects and training disciplines include accounting, marketing, management, banking, ICT, business plan…etc. On top of that there are several NGOs, 
development partners, and business a ssociations also provide short term entrepreneurial training 
courses to SMEs: 
‐ Cambodian commercial banks involved in both small-enterprise lending and their 
traditional large-scale lending are the A ssociation of Local Economic Development 
Agencies (ACLEDA) and the Rural Developm ent Bank (RDB), which are established 
by the RGC as a commercial bank and a specialized bank, respec tively. Their tasks 
are to support and strengthen microfinance services in rural areas, including the development, promotion and financing of Small and Medium Enterprises (SMEs); 
‐ Financial Reporting Template (FRT) for SMEs was introduced to SMEs as a tool to 
assist them in applying for financing from  banks and financial institutions, or other 
needs requiring financial statements and in accordance with laws and regulations in 
force. SMEs are encouraged by the National  Accounting Council (NAC) to use the 
FRT template as a basis for preparing financial statements, for both internal 
management purposes and for presentation to banks to support an application for a 
loan. Trainings and seminars was conduc ted by NAC to SMEs on using FRT. 
In addition to the efforts to enc ourage banking service providers to e ducate customers at the point of 
sale, the central bank has recently made a more proac tive step by pushing for the Association of 
Banks in Cambodia as well as the Cambodia Microfinance Association and micro-lenders to focus 
more on educating clients about banking and microfinance services. Given high capital endowment and ample liquidity in the system, there are increasing signs that banks and the Associations have taken actions in this regards.     
Moreover, the topic "Financing small and medium enterprises" has a firm place in the agenda of 
microfinance conferences, frequently organized by the authorities with participation from service 
providers and consumers. The discussion was aimed to promote SMEs awareness of the possibility of  WT/TPR/M/253/Add.1 
 Page 51 
 
 
 using microfinance as source of funds and encourage SMEs to develop so as to create job opportunity 
for poor people. 
Page 22, Para 115, Japan Q6, Training of engineers  Are there any measures or policies taken by th e Cambodian Government to train engineers and 
technicians in sectors other than the food and beverage sector? 
Answer: 
As part of the Industrial Policy, the Government gives priorities to training engineers and technicians 
in other areas, such as construction engineers,  electricity and other sector engineers in the 
Cambodian Institute of Technology (CIT), the Ro yal University of Agriculture, the Polytechnic 
Institute and vocational training centers. The gover nment established the National Training Board 
(NTB) to provide teaching of soft and technical skills, and bringing schools and industries closer 
together to promote quality and relevance to market demand.   
In vocational training, since 2009 the vocational training centers have awarded post-graduate and 
graduate diplomas to 4,894 persons (986 female), higher diplomas to 7,988 persons (2,143 female), 
diplomas to 2,820 persons (821 female), and s hort-term vocational training certifications to 
205,827 persons (118,220 female ). In short-term vocational trai ning, 48,012 trainees (23,557 female) 
were trained under the Technical Vocational and Ed ucational Training Development for Quality and 
Equity Program, 40,140 trainees (22,586 fe male) under the Government Special Fund, 
53,617 trainees (32,360 female) under the ADB-f unded Second Education Sector Development 
Project, 2,144 persons (1,567 fema le) under an ADB-funded pilot pr oject on Post-harvest Technology 
and Skills Bridging Program, and 61 ,914 persons (38,150 female) by other public educational 
institutions.  
Page 23, Paragraph 121, ASEAN Q1, SPS-related   
We note that for food crops, insufficient knowledge  of SPS requirements in importing countries and 
insufficient capacity are impediments to Cambodia's exports.  
We would like to know whether the Royal Govern ment is taking measures to address these two 
particular impediments (on SPS knowledge and in sufficient capacity), and how the government 
is doing so.  
Answer: 
A number of steps have been taken that will ma ke Cambodian exporters and po tential exporters better 
able to meet SPS requirements in export markets. These include:  
‐ Good manufacturing practice and hygienic practice (GMP&GHP) have been 
enforced in local food processing factories and handicrafts. GMP&GHP training 
programs and workshops have been conducted by technical expert teams for food 
manufacturing managers at technology inc ubator center and General Department of 
Industry of Ministry of industry, Mines and Energy; 
‐ The capacity of SPS service providers has  been strengthened and internationally 
accredited: Industrial Laboratory Center of Cambodia (ILCC) was given 
ISO17025:2005 accreditation in microbiology t est by National Association of Testing 
Authorities of Australia (NATA) in December 2010 and plans are underway for it to be accredited in Chemical tests. The action plan for ILCC commercialization in 2013 
has been endorsed by the Ministry of Industry, Mines and Energy. WT/TPR/M/253/Add.1 
Page 52  
 
 ‐ The capacity of the Institute of Standard  of Cambodia (ISC) has been developed, 
especially in SPS management system th rough the establishment of Conformity 
Assessment Body (CAB) for Management S ystems Certification in order to gain 
international accreditation. 
Five ISC's officials have been trained in the requi rement of ISO 17021 and its interpretation to lead 
into systems certification, particularly  Food Safety Management System (FSMS). 
REPLIES PROVIDED BY CAMBODIA TO THE 2
nd ROUND OF QUESTIONS  
Three WTO Member Delegations, i.e. the European  Union, the United States and Malaysia, have 
submitted follow up questions about the Cambodian trade regime. The answers to these questions are 
given below.   
EU 2nd round questions 
Anti-smuggling  
Q1. We are interested in estimated value of smuggled goods.  
Answer: 
It is difficult to estimate the value of smuggled goods as it is difficult to  find a methodology to 
calculate the value of illegal, unrecorded activ ities (smuggling). However, we can observe and 
estimate (qualitative) the pattern and intensity of smuggling based on the following factors: 
 (a) Tariff policy of the government (reduci ng tariff means least incentive for smuggling); 
 (b) Enhancement of enforcement capacity (cont rol of supply chain: import, distribution 
up to end user, for example for motor vehicles); 
 (c) External factor also influences on pat tern of smuggling (for example, Viet Nam 
abolished subsidies on petrol eum products that lead to increase in retail price on 
these products. As a result, the margin of pr ofit by smuggling is narrowed as there is 
a small price difference (of petrol) in Viet Nam and Cambodia).  
 (d) Increase in domestic production to subs titute imported goods. We observed this 
pattern in case of soft drink and alcoho lic beverage. There are factories (more are 
being built) that produce soft drink and alcoholic beverage (beer) for domestic 
market with very competitive price thus s ubstituting traditionally imported ones. This 
domestic production and supply lead to import decline and also smuggling. 
Given the above observations, and with reference to  our previous answer on smuggling (remaining 
few item such as petroleum, motor vehicles, alcoho lic and non-alcoholic drinks), we can estimate that 
the scope of smuggling of these mentione d products is drastically reduced.   
Inspection fees  Q2. We would appreciate more detailed informatio n on the proposed new flat fee structure 
and fee levels for Camcontrol services.  
Answer:  
The new structure for Camcontrol inspection fees th at has been approved by the Senior Minister, 
Minister of Commerce, is attached as annexes to  these questions and answers. Further consultations 
with relevant agencies and members of the business community are required as well as the  WT/TPR/M/253/Add.1 
 Page 53 
 
 
 endorsement of the Ministry of Economy and Financ e (MEF). Once this process is completed, a joint 
Prakas  of the Ministry of Commerce and MEF will be issued and the new fee structure will be used.  
Excise tax 
Q3.  Could Cambodia provide more information on the rationale behind using 65% of selling 
price as the point of reference for the calculation of the ex-factory price for alcoholic beverages 
and on the possibility to challenge that percentage. 
Answer: 
Factory price is calculated as 65% of selling pr ice by deducting 35% to account for the following: 
 - 15% for the profit margin; and 
 - 20% for the taxes, transportation costs, advertisement, costs of sale agents including 
salaries and administration costs. 
Government procurement Q4. We are interested to learn about the annua l estimated value of contracts awarded to all 
bidders and in a number of procurement notices published through the Cambodian Ministry of 
Economy and Finance website since early 2011. 
Answer: 
The annual estimated value of cont racts awarded to all bidders can be  found at the Department of 
Public Procurement of the Ministry of Economy and Finance (MEF). In 2009 and 2010, the number and amount of contracts were as follow: 
 - 2009: 368 contracts awarded, valued 1.103.667.664.458 Riel or US$269 million; 
 - 2010: 490 contracts awarded, valued 1.304.226.342.820 Riel or US$318 million. 
According to the MEF Department of Public Proc urement websites, the number of projects awarded 
to bidders during the last 2 years was as follow: 
 - Goods = 485 projects;  
 - Civil works= 321 projects; and   - Service = 5 projects.  
So the total number is 811 projects, which were awarded by the Central Administration and Local 
Governments. 
Standards 
Q5. Cambodia states that it will re-examine pa rts of the Law in 2012, and revise them to 
comply with the requirements of the WTO TBT  Agreement. Here, we would appreciate if 
Cambodia could elaborate on which parts need to be re-examined.  WT/TPR/M/253/Add.1 
Page 54  
 
 Answer: 
Cambodia has reviewed the Law on Standards and has  identified three areas in the law that will 
require revision: 
Chapter 1:  General Provisions:  - The definition of standards needs revision to  conform to the definition provided in 
Annex 1 of the TBT Agreement; 
 - The term "mandatory standard" needs to be replaced by the term "technical 
regulation" which should be defined as in Annex 1. 
Chapter 3:  Cambodian Standards:  - The term "Standards" should be change d to "technical regulations" throughout. 
Chapter 8: Accreditation and Registration: 
 - The Accreditation Body needs to be in stitutionally separate from the Certification 
Body. Both are presently within ISC. Ca mbodia will make a determination as to 
which of the two bodies should not be established in the same umbrella of ISC. 
In 2012, Cambodia would like to begin work on the amendment of the law. It requests assistance in 
securing the services of an experienced expert who coul d review in detail all aspects of the current 
law and assist in drafting the necessary amendments , thereby ensuring full conformity with the TBT 
Agreement.   
Intellectual property rights 
Q6. We appreciate if Cambodia could elaborat e on the reasons for not including provision 
implementing TRIPS art. 39.3 in its Patents, Utility Model Certificates, and Industrial Designs 
Law and how it ensures that the rights of IP holder could be secured through the legal system? 
Answer: 
TRIPS does not require the protection in Article 39 to be included in Patent Law. Cambodia intends to 
provide such protection in the Draft Law on Trade Secrets and Undisclosed Information. This law will 
protect test data in a way that is compatible with  Cambodia’s ability to be nefit fully from the Doha 
Decision on TRIPS and Public Health.  
Transparency in granting licenses 
Q7. In practice, local and foreign companies have  identified concerns relating to non-transparent 
licensing processes and broad discretion exercised by ministries responsible for administering the license application process as an impediment to trade and which create opportunities for levying 
additional fees and processing delays.  
In addition, as our initial question on transp arency in granting licenses was not replied by 
Cambodia, we have included also this question in our set of follow-up questions.    WT/TPR/M/253/Add.1 
 Page 55 
 
 
 Answer: 
The Council for Administrative Reform has publishe d a "Compendium of Information on Public 
Services" which spells out for each Ministry th e procedures and requirements for securing licenses. 
The compendium shows that the Ministry of Tourism, for example, issues 11 separate licenses and spells out for each of these licenses: the name of  the license; the provider; the purpose; the legal 
basis; the eligibility basis; and the required doc umentation that applicants must submit. The 
Compendium contains similar information for licen ses issued by the Ministry of Commerce, Ministry 
of Industry, Mines and Energy, Ministry of Economy and Finance, Ministry for Land Management, Construction and Urbanisation, Ministry of Environm ent, Ministry of Public Works and Transport, 
Ministry of Agriculture, Forestry and Fisheries, Minist ry of Post and Telecommunications, Ministry of 
Education, Youth and Sports, and the Council for th e Development of Cambodia. It also provides 
information on the telephone, fax and email addresses of  each ministry as well as their website url. 
USA 2
nd Round Question 
Copyright Law Article 8 of the Cambodian copyright law states that "compilation of databases, whether in 
machine readable or other forms shall be also  protected by this law."  Please explain how 
Cambodian law is similar to TRIPS Article 10 wh ich limits protection to only those compilations 
with selection and arrangement of their contents  sufficient to constitute intellectual creations.  
Answer: 
Article 8 of Cambodian Copyright and Related Rights Law states that:  "Derivative works including translations, adaptat ions, arrangements and modification or other 
improvements of works, or compilation of databa ses, whether in machine readable or other forms 
shall be also protected by this law. 
The protection of any work referred to in the above paragraph shall be without prejudice to any 
protection of an original work incorporated in or  utilized for the making of such a new work." 
We believe that the Article 8 of Cambodian Law on Copyright and Related Rights is compliant with 
the TRIPS Article 10.  
Malaysia 2
nd Round Questions 
Spectrum 
Q1. In all cases of spectrum w ithdrawals, the Government of Cambodia ("GoC") have not taken 
any public consultation process. Example of spectru m withdrawal, where Malaysia companies are not 
affected, include the frequency overlapping owne rship issues in the frequency band 2.5 – 2.7 Ghz 
band where licenses have been issued by the GoC to  new licensees despite the fact that the spectrum 
have been assigned to other licensees. Both par ties claimed that their licenses are valid. Dispute 
resolution on this matter is still on-going and currently being resolved on case by case basis.  
We are of the view that public consultation pr ocess should be held if GoC decided to proceed 
with premature spectrum reallocation and sectoral  reform, in future.  Will the GoC ensure that 
public consultations be held in the future? WT/TPR/M/253/Add.1 
Page 56  
 
 Answer: 
Yes we will. In the future, th e Royal Government of Cambodia will hold consultation with the 
Malaysian company (Hello Axiata) and all other aff ected companies before deciding to proceed with 
premature spectrum reallocation and sectoral reform. 
Q2. To date, the licenses and the processes of appl ying licenses are not publicly available in the 
public domain and MPTC's website. Kindly indicate when it will be made available in the website.  
Answer: 
It will be made available in the public domain an d MPTC’s website after the promulgation of the Law 
on telecommunications. 
Q3. The industry has participated in two rounds of public consultation pertaining to the Draft 
Telecommunications Law back in 2001 and 2005. No updates were formally given by the GoC on the 
status of the Draft Law.  
Will there be another round of limited consultation  process with the industry taking place prior 
to the Law being promulgated by National Assembly?  
Will the Draft law be published by the GoC for public reference and comments? 
Answer: 
So far, the process of adoption of an updated Law on  Telecommunications has involved two rounds of 
public consultation. A revised Draft Law on Teleco mmunications was subsequently submitted to the 
Office of the Council of Ministers for further consid eration. No other public consultation on the Draft 
Law is now contemplated. Once the new Law on Te lecommunications has been promulgated, a series 
of concordant regulations will have to be prepared  and adopted. The relevant draft regulations will be 
subject to normal public consultation process.  WT/TPR/M/253/Add.1 
 Page 57 
 
 
 ANNEX 1 
This list is used as the annex of Inter-M inisterial Prakas No………………..dated 2011. 
List of Inspection Fees   
I- General Cargos 
1. By-Sea Consignments 
Type of Inspection Mode of packing Description Quantity/Unit Fees (Riel) 
($1=4000 
riel) 
1. Document Check Containers Full container 01 20,000 
Less than container load 01 10,000 
Hold of vessels Bulk 01 20,000 
By boats All types of boats 01 20,000 
2. Regular Physical Inspection Containers First full container 01 120,000 
Subsequent full containers  60,000 
Less than container load 01 60,000 
Hold of vessels Bulk 01 100,000 
By boat Boat with the capac ity of more than 
20 tons 01 100,000 
Boat with the capacity equal to or 
less than 20 tons 01 30,000 
3. Physical Inspection with sampling  Containers Full container 01 60,000 
Less than container load 01 30,000 
Hold of vessels Bulk 01 40,000 
By boat Boat with the capac ity of more than 
20 tons 01 60,000 
Boat with the capacity equal to or 
less than 20 tons 01 30,000 
2. By-Air Consignments 
Type of Inspection Mode of packing De scription Quantity/Unit Fees (Riel) 
1. Document Checks Pallet or cartons Cargos on pallet or in carton 01 20,000 
2. Regular Physical Inspection Pallet Cargos on pallet 01 80,000 
 Cartons More than 05 cartons 01 40,000 
  Equal to or less than 05 cartons 01 20,000 
3. Physical Inspection with sampling  Pallet Cargos on pallet 01 60,000 
 Cartons More than 05 cartons 01 40,000 
  Equal to or less than 05 cartons 01 20,000 WT/TPR/M/253/Add.1 
Page 58  
 
 3. By-Land Consignments 
Type of Inspection Mode of packing De scription Quantity/Unit Fees (Riel) 
1. Document Checks Container Full container 01 20,000 
Less than container load 01 15,000 
By truck With the capacity of more than 
10 tons 01 20,000 
With the capacity equal to or less 
than 10 tons 01 15,000 
2. Regular Physical Inspection Containers First full container 01 120,000 
Subsequent full container  60,000 
Less than container load 01 75,000 
By Truck With the capacity of more than 
10 tons 01 40,000 
With the capacity equal to or less 
than 10 tons 01 20,000 
3. Physical Inspection with sampling  Containers Full container 01 60,000 
Less than container load 01 30,000 
By Truck With the capacity of more than 
10 tons 01 40,000 
With the capacity equal to or less 
than 10 tons 01 20,000 
II- Liquid Cargos  
Type of Inspection Mode of pa cking Description Quantity/Unit Fees 
(Riel) 
1. Document Checks  
 Loaded in vessel Liquid cargos loaded in 
holds/compartments 01 40,000 
Loaded in truck Liquid cargos loaded in tanks 01 20,000 
2. Regular Physical Inspection Loaded in vessel Liquid cargos loaded in the first and 
second compartments 01 40,000 
Liquid cargos loaded in subsequent 
compartments 01 20,000 
Loaded in vessel Liquid cargos loaded in tanks 01 40,000 
3. Physical Inspection with sampling  Loaded in vessel Liquid cargos loaded 
holds/compartments 01 50,000 
Loaded in truck Liquid cargos loaded in tank 01 50,000 
III- General Cargos in cross-border trade 
Inspection fees are charged the lump sum amount of 40,000 Riel. 
Remarks  
1- Fees are charged per consignment. 
2- Less than Container Load (LCL) means a contai ner filled by cargos to be received by more 
than one Consignee or filled by more than one Shipper.  WT/TPR/M/253/Add.1 
 Page 59 
 
 
 ANNEX 2 
This list is used as the Annex to the Inte r-ministerial Prakas No....................Dated......................2011 
Testing Fees - Per Parameters 
No. Parameter Analysis Methodology/Technical 
Analysis Fees (riel) 
1 Chemical Tests for Foods   
1.1 Quality Parameters for General Foods   
  Acid Value AOAC   30,000.00  
  Alkalinity AOAC   30,000.00  
 Ash Content AOAC   40,000.00  
  Carbon Dioxide AOAC   30,000.00  
  pH-Value AOAC   10,000.00  
  Crude Fat AOAC   50,000.00  
  Density AOAC   20,000.00  
  Dietary Fiber AOAC   60,000.00  
  Foreign Matters AOAC   10,000.00  
  Impurities AOAC   30,000.00  
  Moisture AOAC   30,000.00  
  Protein AOAC   60,000.00  
  Starch  ISO   80,000.00  
  Total Nitrogen AOAC   60,000.00  
  Total Solids AOAC   40,000.00  
  Total Volatile Bases (TVB) AOAC   60,000.00  
1.2 Quality Parameters for Fats and Oils   
  Acid Value AOCS   30,000.00  
  Iodine Value AOCS   30,000.00  
  Peroxide Value AOCS   20,000.00  
  Saponification Value AOCS   20,000.00  
  Unsaponification Value AOCS   20,000.00  
  Volatile Matter AOCS   20,000.00  
1.3 Parameters for Alcoholic Beverages   
  Acidity AOAC   32,000.00  
  Alcohol by Volume AOAC   40,000.00  
  Methanol AOAC   60,000.00  
  Esters AOAC   32,000.00  
  Aldehydes AOAC   50,000.00  
  Sulfur Dioxide AOAC   50,000.00  
  Furfural AOAC   40,000.00  
1.4 Sugars and Honey   
  Sucrose  Polarization   80,000.00  
  Invert Sugar AOAC   40,000.00  
  Reducing Sugar AOAC   40,000.00  
  Hydroxymethylfufural (HMF) in Honey AOAC   60,000.00  
1.5 Food Additives    
  Cafein HPLC   80,000.00  
  Benzoic Acid/ Sodium Benzoate HPLC   60,000.00  
  Sorbic Acid/ Sodium Sorbate HPLC   60,000.00  
  Nitrate / Sodium Nitrate AOAC   60,000.00  
  Nitrite/ Sodium Nitrite AOAC   60,000.00  
List (cont'd) WT/TPR/M/253/Add.1 
Page 60  
 
 No. Parameter Analysis Methodology/Technical 
Analysis Fees (riel) 
  Sulfites/ Sulfur Dioxide AOAC   60,000.00  
  Monosodium L-Glutamate  AOAC   80,000.00  
  Brilliant Black HPLC   80,000.00  
  Brilliant Blue FCF HPLC   80,000.00  
  Indigo Carmine HPLC   80,000.00  
  Fast Green FCF HPLC   80,000.00  
  Carmoisine HPLC   80,000.00  
  Erythrosine HPLC   80,000.00  
  Ponceau 4R HPLC   80,000.00  
  Amaranth HPLC   80,000.00  
  Tartrazine HPLC   80,000.00  
  Sunset Yellow FCF HPLC   80,000.00  
1.6 Chemical Adulterants   
  Borax/ Boric Acid (Qualitative) AOAC   20,000.00  
  Borax/ Boric Acid (Semiquantitative) AOAC   40,000.00  
  Formaldehyde (Qualitative) AOAC   30,000.00  
  Free Mineral Acid in Vinegar AOAC   40,000.00  
  Melamine  GC/MS 120,000.00  
  Para Red HPLC   80,000.00  
  Rodamine B HPLC   80,000.00  
  Salicylic Acid (Qualitative) AOAC   30,000.00  
  Sodium Hydrosulfite (Qua litative) AOAC   30,000.00  
  Sudan Red I, II, III, IV HPLC 100,000.00  
1.7 Contaminants   
  Antimony AAS   80,000.00  
  Arsenic  AAS   80,000.00  
  Cadmium AAS   80,000.00  
  Calcium AAS   60,000.00  
  Copper AAS   80,000.00  
  Iron AAS   60,000.00  
  Lead AAS   80,000.00  
  Manganese AAS   60,000.00  
  Potassium AAS   60,000.00  
1.8 Mycotoxins   
  Total Aflatoxins in Grains ( B1 , B2, G1, G2) Can't be specified 
  Aflatoxin M1 and M2 in Milk and Dairy Products Can't be specified 
1.9 Veterinary Drug Residues in Meat and Fish Products Can't be specified 
1.10 Pesticide Residues in Foods  Can't be specified 
1.11 Chemical Residues from Food Proc essing Industry and Environmental 
Contaminants  
  3-MCPD Can't be specified 
  Tin  Can't be specified 
  Mercurry  Can't be specified 
  Dioxin Can't be specified 
  Polycyclic Aromatic Hydrocar bons (PAHs) Can't be specified 
  DDT Can't be specified 
  PCBs Can't be specified 
  Others Can't be specified 
List (cont'd)  WT/TPR/M/253/Add.1 
 Page 61 
 
 
 No. Parameter Analysis Methodology/Technical 
Analysis Fees (riel) 
1.12 Test for Nutrition Facts and Labeling Claims    
  Alcohol by Volume AOAC   40,000.00  
  Ash AOAC   40,000.00  
  Calcium AOAC   60,000.00  
  Cholesterol AOAC   60,000.00  
  Dietary Fiber AOAC   60,000.00  
  Drained Weight AOAC   40,000.00  
  Iodine Value AOAC   40,000.00  
    
  Iron AAS   60,000.00  
  Protein AOAC   60,000.00  
  Sodium AAS   60,000.00  
  Sugar AOAC   60,000.00  
  Starch  ISO   80,000.00  
  Total Fat AOAC   50,000.00  
  Vitamin C AOAC   40,000.00  
  Others Can't be specified 
1.13 Water and Ices    
  Arsenic AAS   60,000.00  
  Bicarbonate AOAC   30,000.00  
  Chloride ( as Sodium Chloride) AOAC   20,000.00  
  Conductivity AOAC   10,000.00  
  Copper AAS   30,000.00  
  Iron ASS   30,000.00  
  Manganese  ASS   30,000.00  
  Nitrate AOAC   30,000.00  
  pH value pH-meter   10,000.00  
  Sulphate AOAC   20,000.00  
  Total Dissolved Solids (TDS) AOAC   10,000.00  
  Total Hardness ( as Calcium Carbonate) AOAC   20,000.00  
1.14 Grading Specifications for Cereals   
  Rice ISO 7301   80,000.00  
  Purity of Fragrant Rice   40,000.00  
  Other Cereals   70,000.00  
2 Microorganisms in Food    
  Aerobic Plate Count ISO/ AOAC   20,000.00  
  Bacillus cereus ISO/ AOAC   40,000.00  
  Clostridium Perfringens ISO/AOAC   40,000.00  
  Total Coliforms, MPN CANADA-MF018   20,000.00  
  Total Coliforms, Plate Count ISO/AOAC   40,000.00  
  E.Coli, MPN CANADA-MF018   20,000.00  
  Faecal Coliform, MPN CANADA-MF018   20,000.00  
  Listeria monocytogenes ISO/AOAC   40,000.00  
  Salmonella spp ISO/AOAC   40,000.00  
  Staphylococcus aureus ISO/AOAC   40,000.00  
  Vibrio Cholerae ISO/AOAC   40,000.00  
  E.Coli and Coliform in Water ISO/AOAC   40,000.00  
  Coagulase-Positive Staphylococci ISO/ AOAC   40,000.00  
  Yeasts and Molds ISO/ AOAC   40,000.00  
List (cont'd) WT/TPR/M/253/Add.1 
Page 62  
 
 No. Parameter Analysis Methodology/Technical 
Analysis Fees (riel) 
3 Fuel Specifications   
  Gasoline ASTM 200,000.00  
  Diesel ASTM 220,000.00  
  Kerosene ASTM 180,000.00  
  JET A1 ASTM 180,000.00  
  Fuel Oil ASTM 180,000.00  
  Steam Coal ASTM 180,000.00  
  Engine Oils ASTM 240,000.00  
  Base Oils ASTM 240,000.00  
4 Specifications for Chemicals   
  Test for Purity of Acids  ISO/AOAC 200,000.00  
  Test for Purity of Organic Solvents ISO/AOAC 150,000.00  
  Test for Purity of Carbonated Salts  ISO/AOAC 100,000.00  
  Test for Purity of Fertilizers ISO/AOAC 200,000.00  
  Test for Purity of Food Additives  ISO/AOAC 200,000.00  
Notes/Remarks: Fees in the above list refe r to tests presently undertaken by the CA MCONTROL Laboratory itself. For the tests th at 
presently must be undertaken by other laboratories at the reque st of CAMCONTROL, the test f ee is marked with the words 
"Can't be specified". 
__________