Title | Prakas No. 136 Necessary Measures for the Governance of Export under Trade Preferential Scheme |
Type | Regulation |
Issuing Agency | Ministry of CommerceMinistry of Commerce |
Issuing Date | 04/09/2006 |
UNOFFICAL TRANSLATION
Ministry of Commerce
No. 136 MOC / SM 2006
Kingdom of Cambodia
Nation – Religion – King
Regulation (Prakas)
On
Necessary Measures for the Governance of Export under
Trade Preferential Scheme
Senior Minister, Minister of Commerce
- Have seen Constitution of the Kingdom of Cambodia;
- Have seen Royal Decree No. 02/NS/94 dated July 20 1994 on the Organization and Function of the Council of Ministers;
- Have seen Royal Decree No. NS/RKT/0704/124 dated July 15, 2004 on the Appointment of the Royal Government of Cambodia;
- Have seen Royal Code No. NS/RKM/0196/16 dated January 24, 1996 on the Establishment of the Ministry of Commerce;
- Have seen Sub-Decree No. 54 ANKR, dated September 22, 1997 on the Organization and Function of the Ministry of Commerce;
- Referring to the necessity of the Ministry of Commerce,
Hereby Decides
Article 1: Every exporter who exports under the Most Favored Nations (MFN) and Generalized System of Preferences (GSP) Scheme has to fulfill procedure to apply for the Certificate of Origin and oblige to pay Export Management Fee (MEF) within 30 days after the exportation of goods.
Article 2: Inspection date of Customs and Camcontrol Officials certified on the Joint- Inspection Report shall be considered as the exporting date.
Article 3: Exporter of Set-garment products of 02 different categories has to pay haft of Export Management Fee for each category.
Article 4: In case of negligence or delay to apply for Certificate of Origin and to pay Export Management Fee over the fixed period as stipulated in Article 1, the exporter has to be fined 1% (one percent) per day on the value of required Export Management Fee.
Article 5: The exporter has to accept only one inspection of technical production per month in order to verify norm of production and deduct stock of materials based on each Certificate of Origin issued by the ministry. The verification of technical norm and the deduction of stock will not be allowed to carry over to next month for which it will cause confusion in the governance of stock and affect the implementation of Rule of Origin of the countries who grant trade preferential treatment to Cambodia.
Article 6: The implementation of sub-contracting production is permitted to all exporters by allowing the hiring of sub-contractor who has proper production permit and abides by Labor Law of the Kingdom of Cambodia. Every time of entering into sub-contracting for production, the exporter has to inform Trade Preferences Department and implement it in accordance with the instructed recommended form.
Article 7: In case of the exporter fails to fulfill obligations as stipulated in the above Articles 5 and 6, the Ministry of Commerce will suspense the issuance of Certificate of Origin to this exporter until the obligations in these two articles have been completely fulfilled.
Article 8: All Announcements and Regulations (Prakas) contradicted to the contents of this Prakas is considered null and void.
Article 9: Director of the Cabinet, Director General of Technical Affairs, Director General of Administrative and Finance, Director General of Inspection, Director of Camcontrol, Director of Trade Preferences Department, Director of Foreign Trade Department, Director of ASEAN & International Organizations Department, Director of Administration Department, Director of Accounting and Finance Department have to effectively implement the contents of this Regulation (Prakas) from the date of 01st October, 2006 onward.
Phnom Penh, September 04, 2006
Senior Minister Minister of Commerce Signature and Seal
CHAM PRASIDH
Copies confirmed to:
- Cabinet of Samdech Prime Minister.
- Cabinet of H.E Deputy Prime Minister SAR KHENG.
- Cabinet of H.E Deputy Prime Minister HOR NAMHONG.
- Council of Ministers.
- Council for the Development of Cambodia.
- Ministry of Economy and Finance.
- Ministry of Industry, Mines and Energy.
- Ministry of Labor and Vocational Training.
- Ministry of Social and Veteran Affairs, and Youth Rehabilitation.
- Customs and Excises Department.
- Garments Manufacturing Association in Cambodia.
- All Garment Factories – for cooperation and implementation.
- Royal Gazette.
- Documents
– Chronicles.
Name | Type | Agency | Description | Comments | Law | Validity |
---|---|---|---|---|---|---|
Requirement for payment of export management fee for obtaining Certificate of Origin on exports | Rule of Origin | Ministry of Commerce | All exports under GSP/MFN are required to obtain a Certificate of Origin and pay an export management fee 30 days prior to the exports of goods. | Governance of exports under trade preferential scheme | Prakas No. 136 Necessary Measures for the Governance of Export under Trade Preferential Scheme | 04/09/2006 |