Basic information
Outline of the system
The General Directorate of Agriculture, based on the approval of the Ministry of Agriculture, Forestry and Fisheries, is the competent authorization for the issuance of import licenses of seeds, plants and planting materials and regulated articles under the list of prohibited and regulated goods of the Kingdom of Cambodia.
Product coverage
The products subject to import licensing, according to the Seeds Act 2008 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 and Sub-Decree No. 15 ANK/BK dated 13 March 2003 on Phytosanitary Inspection and Ministry Proclamation No. 346 dated 10 May 2010 on Plant Quarantine Procedures are found in the following HS lines: 0106, 0409, 0410, 0511, 0601, 0602, 0712, 0713, 1005, 1008, 1201, 1202, 1207, 1209, 1211, 1212, 1401, 2302, 2303, 2304, 2305, 2306, 2308.
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 public morals; protect new plant varieties.
Products under restriction as to the quantity or value of imports
The licensing requirements are maintained for the protection of plant life and health and to carry out the obligations of the Kingdom of Cambodia as a member under the international agreement of the International Plant Protection 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 applies to goods originating in and coming from all countries.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
Import licensing is statutorily required under Chapter 4 Section 1 (Article 51, 52) of the Seeds Act 2008, Annex 2 of Ankuret (Sub-Decree) No. 17 ANK/BK dated 26 February 2020 on list of prohibited and regulated goods of the Kingdom of Cambodia, Ministry proclamation No. 346 dated 10 May 2010 on Plant Quarantine Procedures and No. 375 dated 6 July 2017 on the sample of application forms and procedures for the issuance of seed quality certificate.
Law on Seed Management and Plant Breeder's Rights
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?
All persons and firms registered with Ministry of Commerce are eligible to apply for licenses.
What persons or firms are eligible to apply for a licence?
All persons and firms registered with Ministry of Commerce are eligible to apply for licenses.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Ministry of Agriculture, Forestry and Fisheries (MAFF)
Mr. OP Pich, Director of Department of Crop Seed, General Directorate of Agriculture
Address
Telephone
Fax
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Ministry of Agriculture, Forestry and Fisheries (MAFF)
General Directorate of Agriculture (GDA)
#54B/49F, Street 395-656, Sangkat Toeuk Laak3, Khan Tuol Kork, Phnom Penh, Cambodia.
Phone: (023) 883 427, Fax: (023) 883 427
Documentation requirements
What information is required in applications?
Please see in detail in Annex 4: Application for importing of plant quarantine materials and Annex 5: Import certificate for plant quarantine material of the Ministry Proclamation No. 346 dated 10 May 2010 on Plant Quarantine Procedure through the website of IPPC or the following link: https://www.ippc.int/en/countries/cambodia/ or direct link: https://www.ippc.int/static/media/files/reportingobligation/2015/03/30/1....
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?
Before the seed arrives at the entry of the Kingdom of Cambodia, the importer must summit an import application with relevant documents including import license to General Directorate of Agriculture for at least ten working days.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No. There are no limitations as to the period of the year during which application for license and/or importation may be made.
Issuing the license
Can a licence be granted immediately on request?
No. 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
Applying for an import license for seeds, an importer can receive the approval from the Ministry of Agriculture, Forestry and Fisheries within 20 working days from the date of receipt of the completed application forms at the General Directorate of Agriculture. In particular, the validity of the seed import permit is one year from the date of the issuance of the license.
Which administrative body is responsible for approving application of licences?
The issuance of import license is administrated by the General Directorate of Agriculture after getting the approval of import from the Ministry of Agriculture, Forestry and Fisheries.
Must the applications be passed on to other organs for visa, note or approval?
The issuance of import license is administrated by the General Directorate of Agriculture after getting the approval of import from the Ministry of Agriculture, Forestry and Fisheries.
Are there any other conditions attached to the issue of a licence?
As specified under point 25 above.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
A fee must be charged in respect of the consignments including the cost of import certificate for plant quarantine materials, inspection and the laboratory test if required (Inter-Ministry proclamation between Ministry of Agriculture, Forestry and Fisheries and Ministry of Economy and Finance No. 836 of 19 September 2019 on public services of MAFF).
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No. There is no deposit or advance payment requirement associated with the issue of licenses.
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?
Application that conform fully to the requirements spelled out in the relevant legal texts are never refused.
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. There are no limitations as to the period of the year during which application for license and/or importation may be made.
What documents are required upon actual importation?
The documents are required upon actual importation:
- Invoice and Packing list and bill of landing;
- Import license issued by Ministry of Agriculture, Forestry and Fisheries;
- Business license issued by Ministry of Commerce;
- Phytosanitary certificate from the exporting country;
- Seed quality certificate from the origin country and/or post entry inspection from CITES permit for endangered plant species.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Prior to importation, importers are required to fill out the import application form and also summit relevant documents such as list of pests, technical document of treatments etc., with the application to the General Directorate of Agriculture. These documents may be required by GDA to conduct a risk analysis. The result from the risk analysis will be announced during the 15 days from the day of submitting the application forms. The result of the risk analysis will determine if the importation would be allowed.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The validity of a license is one year and may be not extended.
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 license.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
According to Chapter 4 Section 1 (Article 51) of the Seed Act 2008, the transfer of rights to another person of the seed import permit must be approved by the Ministry of Agriculture, Forestry and Fisheries.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.