UNOFFICAL TRANSLATION

 

KINGDOM OF CAMBODIA

NATION – RELIGION – KING

 

Royal Government of Cambodia No. 59. A’NKR-BK

SUB-DECREE

On

 

Upgrading Cambodia Import-Export Inspection and Fraud Repression Department (Camcontrol) to Cambodia Import-Export Inspection and Fraud Repression Directorate-General (Camcontrol) under the Ministry of Commerce

 

Royal Government

 

–     Pursuant to the Constitution of the Kingdom of Cambodia;

–     Pursuant to the Royal Decree No. NS/RKT/0704/124, dated 15 July, 2004 on the Appointment of the Royal Government of the Kingdom of Cambodia;

–     Pursuant to the Royal Decree No. 02/NS/94, dated July 20, 1994, on the Organization and the Functioning of the Council of Ministers;

–     Pursuant to the Preah Reach Krom No. NS/RKM/0196/16, dated January 24, 1996, promulgating on the Establishment of the Ministry of Commerce;

–     Pursuant to the Sub-Decree No. 20 Ä’NKR.BK, dated April 30, 1996, on the Establishment and the Functioning of the Ministries and Secretariats;

–     Pursuant to the Sub-Decree No. 91, Ä’NKR.BK, dated August 01, 2007, on the Establishment and the Functioning of the Ministry of Commerce;

–     Upon request from Minister of the Ministry.

 

hereby decides

 

Article 1:

To upgrade Cambodia Import-Export Inspection and Fraud Repression Department (Camcontrol) of the Ministry of Commerce as stated in Sub-Decree No. 91 A’NKR.BK, dated August 01, 2007 on the Establishment and Functioning of Ministry of Commerce to Cambodia Import-Export Inspection and Fraud Repression Directorate-General (Camcontrol) under the Ministry of Commerce.

 

Article 2:

Cambodia Import-Export Inspection and Fraud Repression Directorate-General (Camcontrol) has its mission as follows:

–       to ensure quality, safety of products and services as well as consumer protection;

–       to ensure best trade practices;

–       to ensure conformity requirements set by laws related to trade;

–       to cater for commercial services as a third party;

–       to ensure that both food and non-food products on sale in the market are of quality and safety and to protect consumer interests;

 

Article 3:

Cambodia Import-Export Inspection and Fraud Repression Directorate-General (Camcontrol) has its responsibilities as follows:

–       to provide import-export inspection services with Customs and Excise based on the Trade Facilitation through Risk Management;

–       to protect consumers, to ensure quality, safety of products and to repress fraud in collaboration with relevant agencies;

–       to issue certificate of quantity for export goods upon the request from applicants so as to fulfill importing country requirements;

–       to check National Standard Conformity on quality, safety of products which use sign of National Standard;

–       to conduct cooperative pre-check on declarations of products and services that may affect safety, consumers’ health or production, trade of  those  products  and services provided by competent authorities;

–       to inspect products and services in stage of circulating in markets;

–       to manage Laboratory Department of Ministry of Commerce to diagnose quality of products;

–       to cater for commercial services;

–       to collect import-export inspection fees and fee on diagnostic of product quality;

–       as a secretariat for National Codex Committee;

–       as a Contact Point of receiving and disseminating Sanitary and Phyto-sanitary (SPS);

–       as a Contact Point of providing information on food safety under framework of ASEAN-China cooperation;

–       to carry out other duties designated by Ministry’s leaders.

 

Cambodia Import-Export Inspection and Fraud Repression Directorate-General (Camcontrol) is led by one Director General, together with some Deputy Director Generals upon its necessity.

 

Article 4:

Cambodia Import-Export Inspection and Fraud Repression Directorate-General (Camcontrol) consists of four departments as an administrative hubs and fundamental entities as follows:

A- Administrative Hubs:

–       Dispute Resolution and General Policy Department

–       Technical Affairs and Public Relation Department

–       Consumer Protection and Fraud Repression Department

–       Laboratory Department

 

B-  Fundamental Entities:

Refers to branches stationed in provinces, municipalities, inspection centers and dry ports.

The organizational chart of Cambodia Import-Export Inspection and Fraud Repression Directorate-General is an annex of this Sub-Decree.

 

Article 5:

Dispute Resolution and General Policy Department has its responsibilities as follows:

–       to prepare, manage and keep officials’ dossiers in the Directorate-General;

–       to arrange training programs;

–       to facilitate internal affairs in the Directorate-General with outside agencies and Camcontrol branches under the Directorate-General;

–       to prepare and circulate administrative documents for the Directorate-General and relevant documents;

–       to manage both tangible and intangible assets and inventory documents;

 

 

–       to prepare, manage and process accounting, financing matters within the Directorate-General;

–       to jointly check draft laws, technical regulations related to products;

–       to provide viewpoint on law matters and construe laws;

–       to check lawful matters towards any lawsuit that relates to quality, safety and fraud;

–       to make Directorate-General activity report, as well as make effective statistics;

–       to set up information bulletin concerning Directorate-General;

–       to communicate with media;

–       to carry out other duties designated by Directorate-General’s leaders;

 

Dispute Resolution and General Policy Department is led by one Director, together with some Deputy Directors as assistants upon its necessity.

 

Article 6:

Technical Affairs and Public Relation Department has its responsibilities as follows:

–       to study and instruct on technical matters related to quality, safety of products;

–       to draft technical regulations related to quality, safety of products;

–       to jointly provide technical viewpoint on investigation programs nationwide;

–       to communicate with Standard Institution, other inspection institutions and business-related traders;

–       to jointly set up information on Hazard for risk assessment of products;

–       to receive and disseminate information related to the implementation of Sanitary and Phyto-sanitary (SPS) in the area of international trade;

–       to facilitate, cooperatively collect information with National Codex Committee and concerned institutions in replying to ASEAN Secretariat, World Trade Organization (WTO) Secretariat and other relevant agencies;

–       to research on specific Sanitary and Phyto-sanitary measures that provide benefits for Cambodian export products;

–       to provide viewpoint to National Codex Committee on the effect of food standard establishment affairs, food inspection issue and Phyto-sanitary issue to Cambodia;

–       to disseminate information in the country on some measures related to Sanitary and Phyto-sanitary;

–       as an assistant to secretariat and administration for National Codex Committee;

–       to collect, manage and keep technical, scientific documents, standards and technical regulations;

–       to be in charge of operation and presentation of Directorate-General website;

–       as a National Contact Point of Information System on Food Safety for ASEAN and other regions based on fact;

–       as a National Contact Point of Information System on Unsafe Consumer Products (other than food products) for ASEAN and other regions based on fact;

–       to prepare National Policy on Quality and Safety of Products and Services;

–       to define inspection methodologies;

–       to provide technical viewpoint on investigation programs on quality, safety;

–       to research on Sanitary and Microbiology related to food;

–       to research on food processing hygiene;

–       to research on additional elements on food, products directly touching with food and cleaning products;

–       to research on nutritional food;

–       to research on issues related to chemicals and non-food products under technical regulations;

–       to communicate with international agencies and inspection agencies of other countries;

–       to facilitate technical assistance;

–       to carry out other duties designated by Directorate-General’s leaders.

 

Technical Affairs and Public Relation Department is led by one Director, together with some Deputy Directors as assistants upon its necessity.

 

Article 7:

Consumer Protection and Fraud Repression Department has its responsibilities as follows:

–      to trace and conclude inspection evaluation and National Investigation on quality, safety of products and services under the Directorate-General framework;

–      to prepare, draft and revive methodologies of investigation affairs related to quality, safety, products;

–      to prepare inspection guidebook;

–      to collect and compile information on Hazard for carrying out import-export inspection based on the principle of Risk Management;

–      to coordinate with branches on provincial-municipal inspections for special investigation;

–      to lead special investigation unit for carrying out special investigations that are technically complicated;

–      to set up policies on consumer protection related to products, services such as labelling, misleading advertisement and fraud related to products and services;

–      to prepare tracing program and conclude National Investigation Evaluation as well as consumer affairs other than quality, safety of products and services;

–      to receive and solve complaints from public or public institutions;

–      to promote and support consumer movement;

–      to arrange implementation of educational information programs to consumers and to make them understandable;

–      to lead, facilitate and carry out commercial inspection related to import-export products or hand-in-and-receiving process in country upon request from economic operators;

–      to carry out other duties designated by Directorate-General’s leaders.

 

Consumer Protection and Fraud Repression Department is led by one Director, together with some Deputy Directors upon its necessity.

 

Article 8:

Laboratory Department has its responsibilities as follows:

–       to arrange a quality assurance system for Laboratory and carry out work through this system effectively;

–       to set up quality control programs for testing and documents on quality systems such as policies, work measures, methodologies, recording and standards for carrying out the Lab work;

–       to undertake the Lab testing and take sample for testing so as to define characteristics of physical, chemical and microbiology on food products and non- food products in accordance with specified spectrum;

–       to carry out external quality control programs in collaboration with other Lab centers. Participating in inspection and assessment on the effectiveness Lab testing with inter-laboratory centers in proficiency testing schemes prepared by internationally recognized institution;

–       to prepare programs and sample-taking procedures for food and non-food products for implementing via Camcontrol provincial-municipal branches, trace this work implementation, receive products to diagnose, conformation assessment on products, keep and manage diagnostic data properly;

–       to prepare strategies, plans, and request for testing capacity development for Laboratory center in accordance with real situation and necessity;

–       to prepare for internal auditing on Laboratory implementation due to specified time frame;

–       to define testing spectrum for requesting capacity assessment from internationally recognized institutions and manage this work appropriately in accordance with requirements in order to receive official accreditation on Laboratory capacity;

–       to carry out other duties designated by Directorate-General’s leaders.

 

Laboratory Department is led by one Director, together with some Deputy Directors upon its necessity.

 

Article 9:

Any provision that contradicts to this Sub-decree is considered void and null.

 

Article 10:

Minister of Council of Ministers, Minister of Commerce, Minister of Economy and Finance; Secretariats, all Ministries, relevant Institutions shall implement this Sub-decree in accordance with designated duties from the date of its signing.

 

Phnom Penh, May 29, 2008.

Prime Minister

 

 

 

Samdech Akka Mohasena Padei Techo Hun

Sen

 

 

Having humbly brought this Sub-decree

to inform Samdech Akka Mohasena Padei Techo

 Hun Sen, Prime Minister of the Kingdom of Cambodia

                         for singing.

          Senior Minister Minister of Commerce

 

Cc:

Cham Prasidh

–         Ministry of Royal Palace

–         Constitutional Council Secretariat

–         Senate Secretariat

–         National Assembly Secretariat

–         Cabinet of Samdech Prime Minister

–         Cabinet of Deputy Prime Ministers

–         As in Article 10

–         Royal Gazette

–         Achieve