Basic information
Outline of the system
The management of pesticides and fertilizers in Cambodia has been under the general jurisdiction of the Ministry of Agriculture, Forestry and Fisheries.
The Ministry of Agriculture, Forestry and Fisheries has been designated the department of agricultural legislation to perform the missions such as ensuring the effective management of pesticides and fertilizers in accordance with the national policy on agricultural sector, examining and developing the legal framework on standard requirements and the procedures of pre and post registration for all types of pesticides and fertilizers, examine and assess the fulfilment of standard requirement for the registration of pesticides and fertilizers, analysing and verifying the composition of pesticides and the guaranteed analysis of fertilizers at the laboratory and to undertake the bio-efficacy test at experimental field, for the assessment at pre and post-registration, conducting registration and issuance of a permit (license) for relevant activities related to all pesticides and fertilizers and to collect service fees of these activities as required by this law and fulfilling other duties in terms of management of pesticides and fertilizers under the scope of this law.
Product coverage
Reference to the Law on the Management of Pesticides and Fertilizers dated 14 January 2012 and Ankuret (Sub-Decree) No. 17 ANK/BK dated 26 February 2020 on the list of prohibited and regulated goods of the Kingdom of Cambodia there are goods subject to be prohibited or issued the import permit, those related products are pesticides and fertilizers that are listed in Annex 2 of Sub-Decree No. 17, the list of goods subject to import and export permits (license) with the following number of HS code as follows: 3102, 3103, 3104, 3105 and 3808. For the list of banned pesticides, even if, there is none listed in Annex 1 of the Sub-Decree No. 17, but it is stated in the Law on the Management of Pesticides and Fertilizers, particularly in the Proclamation No. 484 on the List of Pesticides (in Annex 1 and 2 on the list of banned pesticides and restricted pesticides).
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-automatic licensing to protect human, animal or plant life and health; protect environment; Pursue obligations under the UN Charter and other international treaties.
Products under restriction as to the quantity or value of imports
The system does not intend to restrict the quantity or value of imports. The main purpose is to reduce risks caused by the use of pesticides and fertilizers, by ensuring food security, food safety, public health, and the sustainability of the environment. To enhance public awareness on the implementation of standard requirements of pesticides and fertilizers for all relevant activities related to these products and to ensure the safe and effective control of pesticides and fertilizers, in order to comply with the international standards including FAO, WHO or the Rotterdam Convention.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The system is applied to goods originating in and coming from all countries without any discrimination.
Expected duration of licensing procedure
It is subjected to the specification of goods and its purpose.
Legal requirements
Is the licensing statutorily required?
The import licensing is maintained and statutorily required by the law on the management of pesticides and fertilizers dated 14 January 2012 and Ankuret (Sub-Decree) No. 17 ANK/BK dated 26 February 2020 on the List of Prohibited and Regulated Goods of the Kingdom of Cambodia (Annex 2 of Sub-Decree No. 17), Ministry Proclamation No. 415 on Procedure and Standard Requirement for Fertilizer Registration dated 17 August 2012, Ministry Proclamation No. 456 on Procedure and Standard Requirement for Pesticide Registration dated 19 October 2012, Ministry Proclamation No. 119 on Procedure and Management of Fertilizer Trading dated 11 April 2013, Ministry Proclamation No. 120 on Procedure and Management of Pesticide Trading dated 11 April 2013.
Government Sub-Decree No. 69 on Agricultural Material Standards and its Management;
Circular No. 345 MAFF on Agricultural material standards and its management;
Law on the Management of Pesticides and Fertilizers
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?
The Law on the Management of Pesticides and Fertilizers dated 14 January 2012, indicated in Article 7 that a natural person or legal entity who imports, exports or formulates pesticides and fertilizers for the purpose of trading in the Kingdom of Cambodia, shall apply before for registration of the pesticides and fertilizers at the Ministry of Agriculture, Forestry and Fisheries in accordance with the provisions of this law. All registrations and applications for import licenses have to be paid in accordance with the joint proclamation between the Ministry of Agriculture and the Ministry of Economy and Finance.
What persons or firms are eligible to apply for a licence?
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Department of Agricultural Legislation
Address
# 200, Preah Norodom Blvd, Sangkat Tonlebassac,
khan Chamkarmon, Phnom Penh, Cambodia
Telephone
Fax
Website
Contact officer
Mr. Phum Ra, Director
Mr. Moch Chantha, Deputy Director
Submission of an application
Administrative body(ies) for submission of an application
Ministry of Agriculture, Forestry and Fisheries,
# 200, Preah Norodom Blvd, Sangkat Tonlebassac,
khan Chamkarmon, Phnom Penh, Cambodia
Website: https://web.maff.gov.kh,
Emai: info@maff.gov.kh,
Phone: (855) 23 726 128/ 23 726 129
Fax: (855) 23 217 320
Documentation requirements
What information is required in applications?
(i) The standard requirements for pesticide registration shall ensure to include information and data as mentioned below:
- Identity of a natural person or legal entity who applies for registration, identification of pesticide and formulating process;
- Data on pesticides specification, compositions, active ingredients, analytical method, physical and chemical properties of active ingredients and other data of pesticide composition;
- Data on bio-efficacy from country of origin and the report on the field bio-efficacy with specific crops and experimental regions;
- Data on pesticide toxicity;
- Data on pesticide residue;
- Safety to human and animal;
- Safety to the environment;
- The trade, usage and disposal;
- Package and label in Khmer.
(ii) The standard requirements for fertilizers registration shall ensure to include information and data as mentioned below:
- Identification of a company that applies for registration, characteristics of fertilizer and process of formulation;
- Specification of a fertilizer and the guaranteed analysis of nutrients, the certificate of the origin indicating the analytical results of the nutrient elements and the analytical methodologies;
- Data of bio-efficacy issued by the country of origin and the report of bio-efficacy test in an experimental field;
- Package, label in Khmer and leaflet;
- Other data or information as required by the Ministry of Agriculture, Forestry and Fisheries.
(iii) During importation, exportation of pesticides, importers/exporters shall comply with the conditions of standard requirements as mentioned below:
- Pesticides shall have been approved for registration in accordance with the provision of this law;
- Importers or exporters of pesticides shall obtain a permit issued by the Ministry of Agriculture, Forestry and Fisheries;
- Shall comply with the standard for container, label or leaflet for the instruction in Khmer which have been approved during registration;
- List of pesticide items to be imported or exported, shall be coded by the harmonized system of custom codes;
- Shall comply with the safety measures on import/export of pesticides as required by this law;
- Shall have the records of information related to the import/export operation of pesticides;
- Shall inform the Ministry of Agriculture, Forestry and Fisheries to undertake the primary inspection during import/export operation or prior to the distribution;
- Shall attach relevant documents which list the companies or branches in contract with, for the distribution of imported pesticides.
- Shall comply with other conditions as required by the Ministry of Agriculture, Forestry and Fisheries.
(iv) During export/import operation of fertilizers, the importer/exporter shall comply with the conditions of standard requirements as mentioned below:
- Fertilizers shall have been approved for registration according to the provision and procedures of this law;
- Importers/exporters of fertilizers shall have a permit issued by the Ministry of Agriculture, Forestry and Fisheries;
- Shall comply with the standard of package, label or leaflet for instruction in Khmer which have been approved for registration;
- Shall have the records related to import/export of fertilizers;
- Shall notify the Ministry of Agriculture, Forestry and Fisheries to undertake the primary inspection, prior to distribution;
- Shall obtain the certificate of analytical result on the guaranteed analysis of the nutrients issued by a competent authority of the exporting country of origin, prior to export;
- Shall attach the document indicating the companies or branches in contract with, for the distribution of imported fertilizers;
- Shall comply with other conditions as required by the Ministry of Agriculture, Forestry and Fisheries.
The license issuing can be related and based on the activities of the company itself. All products to be imported must be registered in advance. The importers must provide the annual report on the utilization/or distribution of pesticides and fertilizers from the previous year.
Application form - Agricultural materials.pdfWhat 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?
It is depending on the virtual situation of the companies (importers), whether the companies have applied following the law or not, such as registration and warehouse registration, if any, the companies have to request to obtain licenses immediately from the ministry.
The period of time for the submission of applications for licenses can be varied depending on the permit types as indicated in the table below.
|
1-Registration (fertilizers and pesticides); |
-3 months-2 years (Pesticides) -1-3 months (Fertilizers) |
|
2-Permit of import and export of agricultural materials |
-1 month only |
|
3-Permit of distribution; |
-1 month only |
|
4-Warehouse Registration (fertilizers and pesticides); |
-1-3 months |
|
5-Permit of formulation and repackaging; |
-1-3 months |
|
6-Permit of wholesale and retail of agricultural materials |
-1-2 months |
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Practically, the certificate/license of full registration of pesticide is valid for three years after the date of issuance of the certificate, while the import-export licenses can be validated for one year from the date of signature, except the suspension or revocation by the minister of the ministry before the expiration date.
Issuing the license
Can a licence be granted immediately on request?
No, a license cannot be granted immediately on request.
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 Ministry of Agriculture, Forestry and Fisheries is responsible for registration and licensing of agricultural materials like pesticides and fertilizers. Articles 29 and 64 of the Law on Management of Pesticides and Fertilizers stated that a natural person or legal entity who imports or exports pesticides shall obtain a permit issued by the Ministry of Agriculture, Forestry and Fisheries.
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?
The license issuing can be related and based on the activities of the companies itself. The importers must provide the annual report on the utilization/or distribution of pesticides and fertilizers from the previous year. During importation, exportation of pesticides and fertilizers, importers/exporters shall comply with the conditions of standard requirements as required by the provision of this law. In case of failure to import the amount of goods by the time limits or validity expiration of licenses, the importers have to resubmit the new application or sometime importers/exporters can challenge with the administrative measures or legal measure as state in the law.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
All registrations and applications for import licenses have to be paid in accordance with the joint proclamation between the Ministry of Agriculture 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?
All registrations and applications for import licenses have to be paid at first upon requesting the proposal, in accordance with the joint proclamation between the Ministry of Agriculture and the Ministry of Economy and Finance.
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?
If all the requirements for the application of a license have not been met, the ministry has authorization to refuse or require additional information or supporting documents.
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 applicants do not agree with this, they can submit a right of appeal to the Ministry, Council of Minister or courts.
If so, to what bodies and under what procedures?
If applicants do not agree with this, they can submit a right of appeal to the Ministry, Council of Minister or courts.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
- Import license issued by Ministry of Agriculture Forestry and Fisheries.
- Business license issued by Ministry of Commerce.
- Certificate of registration of pesticides and fertilizers.
- Invoice, parking list and bill of landing.
- Certificate of origin confirmation of products.
- Certificate of quality confirmation of products from manufacturer and others.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The importer has to have an authorized letter of import permit of registered products in advance.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The new certificate of registration of the pesticides and fertilizers can be valid until three years. This validity can be extended three times by maintaining the same registry number. For and import permit (license) that has the period of time for one year, it cannot be extended. The import-export licenses are validated for one year from the date of signature, except the suspension or revocation by the minister of the ministry before the expiration date.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
In Article 105 it states that it shall be subject to obtain a warning letter, suspension or revocation of the certificate of registration or relevant permits, to any person who commits any one of the following offenses such as transfers a right to hold a certificate of registration or relevant permits related to the trade of pesticides and fertilizers to a third person without prior approval from the Ministry of Agriculture, Forestry and Fisheries. In Article 106 it mentions that it shall be subject to pose a transactional fine of 1,000,000 Riels to 5,000,000 Riels to a person who commits any one of the following offences including do not comply with the conditions, rules and valid period as indicated in the permits or the certificate of registration of pesticides and fertilizers.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licenses can be transferable between importers, however, permission from the ministry in advance is necessary.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign exchange is freely available to all importers