Basic information
Outline of the system
The licensing system for import and export of artifacts is covered only for newly made products. The licensing system for import and export of newly made artifacts is designed to help and manage a potential risk of sensitive products which are prohibited to import or export from the country, and yet it is a comprehensive effort procedure to prevent illicit trafficking of cultural property from and into Cambodia's territory.
Product coverage
It covers all newly made artifacts and a wide variety of materials which are mentioned in Cambodian National Heritage Law in 1996, Cambodia Royal Decree No. NS/RKM/0196/26 and Sub Decree 98). However, artifacts which are higher or taller than 200cm are not permitted to be imported into the country.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The licensing for import and export of newly made artifacts are not restricted to the quantity or value of imports. Rather, it is designed to assist in the regulation and monitoring of the movement of artifacts coming in and from Cambodia, in order to prevent illicit trafficking of the antiquity. The purpose of the licensing system aims to prevent illicit trafficking. Yet to help and manage a potential risk of sensitive products which are coming in and from the country of import and export.
Questions for products under restriction as to the quantity or value of imports
Concerning the importation license, there is no restriction to the quantity or value of imports to the countries of importation, unless it is stated by the Government. Restriction is focused on illegal antiquity, artifacts which are sensitive to Cambodian culture, those of Khmer style which are made abroad and imported to Cambodia for business, those that are higher than 200cm. Question from I-XI are not applicable.
The system applies to products originating from which country?
The system applies to all products originating from all over the countries around the globe.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Import licensing is regulated by Administrative Order of the Ministry of culture and Fine Arts No. 169 Prakas regarding task and obligation of the Department of Antiquity, and Administrative Order No. 158 Prakas, concerning import and export of newly made artifacts regulated in 2019. All new artifacts imported into Cambodia's territory must obtain import licensing which is approved by the Ministry of Culture and Fine Art.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
Persons, firms and institutions can apply for import authorizations, if they are eligible and meet the requirements as follows:
- Allow officials or authorized experts to inspect the import products and licensing fee is paid.
- Agreed with rules and regulations if something is wrong, for instance if the imported products are different from the import list, the goods will be refused importation into the country or the importers will receive a fine and the goods may be returned to its original destination.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Applicants have to fill the importation forms and summit to the Ministry of Cultural and Fine Arts which contain all the necessary information of importers or firms or institutions. Therefore, passport or ID Card (copy), photo, name, materials and size of import of artifacts, purchasing invoice, and the authorization letter of the country of exportation are required.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
A request for an import license comes in two forms; first the importer has to request a license in advance to the arrival of the products.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Importation license is granted for a period of one month, no extension is available for the expired license.
Issuing the license
Can a licence be granted immediately on request?
Based on actual fact, the license can be granted immediately upon request within one-two working days.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The second is when the products have arrived at the ports, importers have to request the import license from the Ministry of Culture and Fine Arts. The license is normally granted within five working days.
Which administrative body is responsible for approving application of licences?
Consideration of licence applications is effected by a single administrative organ. Importers have to request the import license from the Ministry of Culture and Fine Arts. Once the license is granted, importers may contact General Departments of Customs and Excise of Cambodia.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
Conditions apply when issued import license as stated above in question No.5, and No.6.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes, a license fee is charged based on Regulation Order Prakas No. 657 dated 6 June 2016 between the Ministry of Culture and Fine Arts and the Ministry of Economy and Finance.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No deposit is required, payment can be made once the license is issued and the amount of license fee is based on quantity and size of the import of artifacts which is stated in the table of service charge approved by the Ministry of Culture and Fine Arts and the Ministry of Economy and Finance mentioned above. No refund policy is stated.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Applicants and import products have to meet importation procedure and requirement. The refusal is based on four categories, cultural products which badly effect the Cambodian culture, products which are the same in Cambodian artistic styles, antiquities and products over 200cm high.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
Importation license is granted for a period of one month, no extension is available for the expired license.
What documents are required upon actual importation?
The usual customs documentation, the import license, list of import items with photograph and a transport permission letter issued by the Ministry of Culture and Fine Arts. Relevant documents related to the importation permit may be required at the port of entry.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Not applicable.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The validity is one month for each issued license. No policy for issued license to be extended. Once it is expired the importer needs to request a new license.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
The Ministry of Culture and Fine Arts has no policy for penalty but other relevant sectors such as customs may take action for any wrongdoing.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Issued licenses cannot be transferred from one to another.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Payment is paid in Cambodian currency. Foreign currency exchange is available through the banks or exchange agencies.
Is a licence required as a condition to obtaining foreign exchange?
Is foreign exchange always available to cover licences issued?
What formalities must be fulfilled for obtaining the foreign exchange?
Formalities to obtain foreign exchange is based on the bank's rules and regulations.