Basic information
Outline of the system
In accordance with the Anukret (Sub-Decree) No. 17 ANK.BK on the Enforcement of the List of Prohibited and Restricted Goods dated 26 February 2020 by the Royal Government of Cambodia and its Annexes that required a permission to import issued by the Ministry of Environment.
In accordance with the Sub-Decree No.047 on Ozone Depleting Substances (ODS) Management, which under the Department of Air Quality and Noise Management, the General Directorate of Environmental Protection, the Ministry of Environment is responsible for issuing the license and impose the license fees to control and verify the relevant activities involving ODS management in Cambodia.
Product coverage
The permission to import is issued by the Ministry of Environment required of the goods listed. See "Ozone-depleting substances and air conditioning" under products.
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
Under the Montreal Protocol Ozone Depleting Substances there are obligations which parties to apply for the reduction and phase out of ODS in some target years; therefore, the import of ODS have to apply the yearly quota and license per shipment, to make sure that the import of such ODS are not over the quota of target year. Cambodia is one of the parties to the Montreal Protocol; therefore, Cambodia has to apply the rules and obligations of the Montreal Protocol.
Questions for products under restriction as to the quantity or value of imports
Please see Answers 6.1-6.11.
The system applies to products originating from which country?
The system will apply to any countries that are parties to the Conventions/Protocols/Agreements that Cambodia is also the party. For non-party, Cambodia cannot export to or import from, like Ozone Depleting Substances (ODS) and products containing or designing to use of Ozone Depleting Substances, can only import from or export to the parties which are the parties to Montreal Protocol on Substances that Deplete the Ozone Layer.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Article 4 of the Sub-Decree on ODS Management: Legal or natural person wishing to import of control substances /refrigerants as stipulated in Annex 1 of this Sub-Decree on ODS Management shall register and get a quota from the Ministry of Environment.
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?
Legal or natural person wishing to import or export or transit of control Ozone Depleting Substances as stipulated in annexes of the Montreal Protocol or in the table mentioned above shall register with the Ministry of Environment to get the annual quota and license.
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply for licenses: under restrictive licensing systems.
Is there a registration fee?
The registration is free.
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?
Yes, the company detail, and the purpose of using of ODS in Cambodia.
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?
The import company have to apply first, as ODS is the restrict goods.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
Yes, some case can be issued immediately.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
The licenses are applicable for all concerned institutions.
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?
For products subject to quantitative restriction will need to attach the bill of lading, packing list, invoice, customs declaration in the previous shipment. While the products not subject to quantitative restriction, there is no need to include the document as mentioned in the paragraph above.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes, will depend on the amount of ODS imported.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement associated with the issue of licenses on this current practices.
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?
Cambodia never has this experience, as never rejection of a single application.
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?
No.
What documents are required upon actual importation?
Customs declaration for applying the new license.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There is no other additional administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
One year for quota.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No, there is no penalty for the non-utilization of a licence or portion of a license.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licenses are not transferable between importers, but we can reduce the quota allocation for the company who do not operate or use of the quota in the first six month.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Yes, foreign exchange automatically provided by the banking authorities for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
Is foreign exchange always available to cover licences issued?
Foreign exchange always available to cover licenses issued.
What formalities must be fulfilled for obtaining the foreign exchange?
The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)
Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Under the Sub-Decree on ODS Management requires importers and exporters of ODS and ODS-dependent products to first register with MOE and apply for a quota. For each shipment, a registered importer needs to apply for an import permit from the MOE. The importer needs to show the import permit to the Customs along with the other supporting documents before the shipment can be cleared. Therefore, MOE can maintain its records of imports and later check with the General Department of Customs and Excise to verify and reconcile the import data. This exercise is carried out prior to the reporting of data to the Ozone Secretariat and the Multilateral Fund Secretariat.
- For ODS, MOE has set quotas for individual importers and gives an import permit to any registered importer depending on the quotas they have. The import permit will be given by the MOE once it determines that the accumulated requested quantity would not exceed the annual quotas the importer received.
- For ODS, after the importer has cleared the shipment, the importer must inform the MOE for them to inspect and apply the license sticker to the imported cylinders.
Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?
The quota is yearly based.
Are licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)
The license is allotted only for ODS import only as control under the Montreal Protocol on Substances that Deplete the ozone Layer. Each time when applying for an import licence, the company has to submit the customs declaration. No, unused allocations are not added to quotas for a succeeding period. Yes, the names of importers to whom licences have been allocated are made known to governments and export promotion bodies of exporting countries upon request.
From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
The company has to apply for a quota before 1 November each year for the next year importing.
What are the minimum and maximum lengths of time for processing applications?
One month for processing of application, means that the quota will be available for collecting by the import company on 1st December.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
The quota is annually.
Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The license is accepted by all concerned institutions.
If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
The implementation of an ODS import quota system has been in operation since 2005. Any companies wishing to import ODS in the next year have to apply for a permit consistent with the national quota before 1st of November of the current year. The allocation of an annual quota is based on historical import statistics of the importers in the previous year. Moreover, the Ministry of Environment (MoE) allocates a certain amount of ODS (about 10% of total quota) as a "buffer" for any new importers. Prior to the issuance of import permits to importers, MOE will verify that the requested quantity would not cause the annual consumption to exceed the reduction target as agreed with the Montreal Protocol ExCom.
In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Need to get the import license.
In cases where imports are allocated on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
There is a system like informal Prio-inform consent (iPic), if one company would like to import ODS to Cambodia, the focal point of the exporting country will send an email notification to the focal point in Cambodia to verify that the company still has the available quota to import such amount into Cambodia or not. If the response is yes, the exporting country will process to export, if not the exporting country will reject to export such amount to Cambodia.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
This one applies for transit; however, this is very rare to have transit ODS.