Basic information
Outline of the system
The licensing system for import and export of books conformed to copyright law is covered only for physical books. It also helps the import and export procedure to be more efficient and effective as well as to prevent illegal activities within and into Cambodia.
Product coverage
All kinds of import and export of the books must be covered under the coverage of the Law on Copyright and Related Rights of Cambodia, promulgated by the Royal Decree No. NS/RKM/0303/008 dated 5 March 2003.
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
There is no restriction on the quantity or value of import or export, which ensures the free movement of books and enhancements for education, researches, and publication industry. The purpose of the licensing system aims to prevent illicit trafficking and infringement of copyright and related rights.
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 applies to all sorts of import and export of books from all countries in the world and does not discriminate by the country of origin.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
According to Article 64 para 1 and 3 of the Law on Copyright and Related Rights of Cambodia, infringements on any import and export of production, reproduction, or performance, or communication to the public, in violation of the author's right, are offences which must be punished by law, six to 12 months in prison and/or 2,000,000 to 10,000,000 Riels fine. In addition, Article 10 para 2, the Prakas (proclamation) No. 186 on the book services and business management dated 27 July 2011, all books are subject to import and export shall approval by the Ministry of Culture and Fine Arts for the purpose to ensure of the legitimate exploitation of books and copyright infringement in the Kingdom of Cambodia. And the Joint Prakas No. 657 SHV on public services of the culture, between the Ministry of Culture and Fine Arts and the Ministry of Economy and Finance, Annex F.40 of books export and import services charge dated 6 June 2016.
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?
All persons, firms and institutions are eligible to apply for licenses if they have acceptable and legal purpose for their exports and imports.
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?
What documents is the importer required to supply with the application?
The documents for exporting and importing books are:
- Application for Export and Import books 1 Copy
- List of Books for Export/Import 1 Copy
- Contract for export and import books 1 Copy
- Text works 1 Copy
- Identification 1 Copy
- Business License 1 Copy
- Letter of rights 1 Copy
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Issuing the license
Can a licence be granted immediately on request?
Yes, if all required documents are complete or upon urgent request by importers.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Application for a license can be made within seven days.
Which administrative body is responsible for approving application of licences?
Yes, the license applications affected by only one office is the Department of Copyright of the Ministry of Culture and Fine Arts.
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?
No other conditions attached other than those specified in point 10. The importers must specify the number of books they intend to import and follow the agreements made in the contact such as obeying all of the provisions in the law of Constitution and Copyright and related rights, not affecting the tradition and custom in the negative way, conforming to the instructions of the Ministry of Culture and Fine Arts, cooperate with relevant ministries and constitutions, and not using the licence for illegal purposes.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes, an administrative charge.
What is the amount of the fee or charge?
Yes, a fee of 60000 (Riels) for the administrative charge.
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment required associated with the issue of licences. The period of the issue of licences is one week and the fee is paid on the day of the issue of the licences and is not refundable.
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?
An application for a license can be refused if the required documents are not met or the related imports has issues with Cambodia's Copyright and Related Rights Law or other registered imports.
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?
Yes, the licenses are provided validation for one year from the issuance date, which is the purpose for one-time importation or exportation without limit or restriction of quantity or value of the book.
What documents are required upon actual importation?
Same as Answer 25.
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?
A license has a validity period of one year. The validity of a license can be extended through the same process as the first application for license.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No penalty if the license has not been utilized.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers. The importers have to request application for the any related licences that they intend to have from the Ministry of Culture and Fine Arts with necessary supporting documents and comply with the agreements made in the licences.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The payment is made in Cambodia's Currency (Riel) only. However, agreement can be made for foreign currency to be exchanged by Banks or Exchanging Agencies.