Legal Document

Title: Prakas No. 233 Revisions of Procedures in Fulfilling Formalities for the Export of Goods
Type: Regulation
Issuing Agency: Ministry of Commerce
Responsible Agency: Ministry of Commerce
Issuing Date: 29-11-2013

 

UNOFFICAL TRANSLATION

Kingdom of Cambodia

Nation Religion King

Ministry of Commerce No. 233 MoC


 

Inter-Ministerial Prakas

On

Revision of Procedures in Fulfilling Formalities for the Export of Goods

 

            Minister of                                                     Senior Minister, Minister of      

Ministry of Economy  and Finance                            Ministry of Commerce

                 

-        Having seen the Constitution of the Kingdom of Cambodia

-        Having seen Royal Code No. NS/RKT/0913/903 dated 24 September 2013 on the Nomination of the Royal Government of Cambodia

-        Having seen Royal Code No. 02/NS/94 dated 20 July 1994 promulgating the Law on the Organization and Functioning of the Council of Ministers

-        Having seen Royal Code No. NS/RKM/0196/18 dated 24 January 1996 promulgating the Law on the Establishment of the Ministry of Economy and Finance

-        Having seen Royal Code No. NS/RKM/0196/16 dated 24 January 1996 promulgating the Law on the Establishment of the Ministry of Commerce

-        Having Royal Code No. NS/RKM/0508/016 dated 17 May 2008 promulgating the Law on Public Finance System

-        Having seen Sub-decree No. 488 OrNKr.BK dated 16 October 2013 on the Organization and Functioning of the Ministry of Economy and Finance

-        Having seen Sub-decree No. 91 OrNKr.BK dated 01 August 2007 on the Organization  and Functioning of the Ministry of Commerce

-        Having seen Sub-decree No. 59 OrNKr.BK dated 29 May 2008 on the Transformation of the Department of Cambodia Import-Export Inspection and Fraud Repression (Camcontrol) into the Cambodia Import-Export Inspection and Fraud Repression Directorate General (Camcontrol) under the supervision of the Ministry of Commerce

-        Having seen Sub-decree No. 82 OrNKr.BK dated 16 November 1995 on General Regulation of Public Accounting

-        Having seen Regulation No. 04 BB dated 15 November 2006 of the Royal Government on Strengthening of the Non-Tax Revenue Management

-        Having seen Inter-Ministerial Prakas No. 044 MOC/SM 2007 dated 09 February 2007 on Revision of Export Management Fee of the Ministry of Economy and Finance and Ministry of Commerce

-        Having seen Prakas No. 112 MOC/SM 2013 dted 23 May 2013 of the Ministry of Commerce on Revision of Procedures of the Issuance of Certification of Origin

-        According to the approval of Samdech Techo Prime Minister dated 14 November 2013 on Letter No. 012 P.N KhKL dated 13 November 2013 of the Ministry of Commerce on Request for Principle to Remove the Requirement of Application for the Certificate of Origin in case the import country does not need it.

-        According to the necessity of the Ministry of Commerce and Ministry of Commerce and Finance

 


Decides

Article 1

The payment of Service Fees and procedures in applying for the Certificate of Origin (CO) for the export of goods for companies and exporters shall be revised, aimed at facilitating the export from Cambodia as follows:

 

A                Companies and exporters who wish to export goods from Cambodia, regardless of inside or outside the Generalized System of Preferences (GSP) shall not be required to apply for the Certificate of Origin (CO) from the Ministry of Commerce or the Ministry of Commerce’s representative offices located in special economic zones in the case that the company  and exporter does not have necessary need or the authorities of the import country does not require the Certificate of Origin.

 

B                 Companies and exporters stated in Point A above shall send a letter of notice to the Ministry of Commerce (as per the sample attached to this Prakas) within 30 (thirty) days at the latest from the date of export so that the Ministry of Commerce has the basis for collecting data and for cutting stocks of the company’s import raw materials monthly.

 

C                Companies and exporters who do not apply for the Certificate of Origin shall fulfill the obligation of paying Export Management Fee as set out by the Inter-Ministerial Prakas No. 274 MOC/SM2008 dated 09 December 2008 on Revision of Export Management Fee of the Ministry of Economy and Finance and the Ministry of Commerce and shall be exempted from paying Administrative Fee. The Technical Department shall inspect and calculate the Export Management Fee in accordance with the Joint Prakas No. 985 dated 28 December 2012 on  Public Service Fee of the Ministry of Commerce and other relevant regulations.

 

D                The payment of the Export Management Fee shall be made at the payment counter of the Accounting and Finance Department of the Ministry of Commerce or at the Ministry of Commerce’s representative offices located in special economic zones based on the quantities and description of goods as stated in the Commercial Invoice and Joint Inspection Report of the General Department of Customs and Excise and the Cambodia Import-Export Inspection and Fraud Repression Directorate General (Camcontrol).

 

Article 2

Companies and exporters shall pay the Export Management Fee within 30 (thirty) days at the latest from the date of export. In case the deadline above has passed, the company and exporter shall receive a warning or have their rights to export suspended temporarily or definitively.

 

Article 3

Any regulation contrary to this Inter-Ministerial Prakas shall be abrogated.

 

Article 4

Secretary General, Director of Cabinet, Director General, General Inspector, representative offices of the Ministry of Commerce located in special economic zones and Head of relevant


 

 

units under the supervision of the Ministry of Commerce and the Ministry of Economy and Finance shall implement this Prakas in an effective manner from the date of signature.

 

Phnom Penh, 29 November 2013

Minister                                                                                               Senior Minister

Ministry of Economy and Finance                                                          Minister of Commerce

(signed and stamped)                                                                                     (signed and stamped)

Aun Porn Miniroth                                                                                                   Sun Chanthol

CC:

-  General Secretariat of Senate

-  General Secretariat of National Assembly

-  Office of the Council of Ministers

-  Cabinet of Samdech Akka Moha Sena Padei Techo Hun Sen, Prime Minister

-  National Audit Authority

-  Relevant ministries and units

-  Anti-Corruption Unit

-  All municipal and provincial administrations

-  Garment Manufacturers Association in Cambodia “for information

-  As stated in Article 4 “for functioning

-  Archive

 

List Measures/Standards

Name Description Status Measures/Standards Measure Class
Requirement to follow procedures in order to obtain certificate of origin Exporters are required to follow the updated procedures of certificate of origin issuance and to be compliant with procedure of importing countries Active Measure Goods
Requirement for inspection of the production and export goods The inspection of the production and export goods must be conducted by technical officers of the Ministry of Commerce at the location of the production, at the place of goods collection or at the goods warehouse at the request of the company or exporter or according to the necessity of the technical department Active Measure Goods
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