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Kingdom
of Cambodia
Nation Religion King
No. 80/ANK/BK
ANU-KRET
ON MEASURES RESTRICTING CERTAIN INVESTMENT SECTORS
The
Royal Government of Cambodia:
-
Referring
to the 1993 Constitution of the Kingdom of Cambodia;
-
Referring
to Reach Kret No. NS/RKT/1198/72 of November 30, 1998 on the formation
of the Royal Government of Cambodia;
-
Referring
to Reach Kram No. 02/NS/RKM/94 of July 20, 1994 promulgating the Law
on the Organization and Functioning of the Council of Ministers;
-
Referring
to Reach Kram No.
03/NS/94 of August 5, 1994 promulgating the Law on Investment of the
Kingdom of Cambodia;
-
Referring
to Anu-Kret No. 51/ANK/BK of June 26, 1995 on the Organization and
Functioning of the Council for Development of Cambodia;
-
Referring
to Anu-kret No. 88/ANK/BK of December 29, 1997 on the Implementation
of the Law on Investment of the Kingdom of Cambodia and its amending
Anu-Kret No. 53/ANK/BK of June 11, 1999;
-
Pursuant
to the Political Platform of the Royal Government presented to the
National Assembly on November 30, 1998; and
-
With
the approval of the Council of Ministers during the Cabinet Meeting of
August 27, 1999.
IT
IS HEREBY DECIDED
Article
1:
The
following investment sectors shall be restricted on the basis of national
security, social welfare, or economic needs as listed in the sensitive
list for the opening of industries and for the granting of national
treatment in the attached annex.
Article
2:
Any
provisions contrary to this Anu-Kret shall be abrogated.
Article
3: The
Minister in charge of the Office of the Council of Ministers, the Minister
of Economy and Finance, the Council for the Development of Cambodia and
all concerned ministries and institutions shall implement this
Anu-kret from the date of its signature.
Phnom Penh, August 27, 1999
Prime Minister
Signature and Seal
HUN SEN
Submitted
to Samdech Prime Minister
by
the Senior Minister
Minister
of Economy and Finance
Keat
Chhon
Annex
1
Sensitive
List for the opening up of industries
ISIC
CODE
|
SECTORS/INDUSTRIES
|
REMARKS
(RESTRICTIONS/
REQUIREMENTS)
|
I.
Industries Closed to Both National and Foreign Investments
|
|
3698
|
Manufacture/processing
of cultural items
|
Subject
to prior approval from relevant Ministries
|
|
2021
|
Sawn
timber, veneer, plywood, wood-based products utilizing local logs as
raw materials.
|
No
new license will be issued.
|
|
2411
|
DBSA
Production.
Toxic
chemicals effecting health of community and impacting to
environment.
Production
of toxic chemicals or utilization of toxic agents
|
-
Subject to prior approval from Ministry of Health and related
Ministries.
-
Prohibited in accordance with an international treaty.
|
|
2429
|
Manufacture
of psychothopic substance
|
- Prohibited
for the psychotropic substances listed in schedule I.
- Subject
to specific details provided by Ministry of Health and the
psychothopic substances listed in schedule II and III.
|
|
2429
|
Manufacture/processing
of narcotic drugs
|
Prohibited
|
|
2927
|
Manufacture
of weapons and ammunitions
|
National
defense policy
|
|
N.A
|
Manufacture
of firecracker and fireworks
|
Subject
to control
|
|
N.A
|
Manufacture
related to defense and securities
|
National
defense policy
|
II.
Industries Closed only to Foreign Investors, i.e., SME, National
Policies
|
|
|
Nil
|
Nil
|
II.
Industries Open with Restriction to Foreign Investors
|
|
1600
|
Manufacture
of cigarette
|
Only
of export (100%)
|
|
1551
|
Alcohol
|
Subject
to prior approval from relevant Ministries
|
|
1320
|
Exploitation
of gemstones
|
Subject
to local equity participation
|
|
2691
|
Bricks
made of clay (hollow, solid) and tile, ….
|
Subject
to local equity participation
|
|
1531
|
Rice
mill
|
Subject
to local equity participation
|
|
2029
|
Manufacturing
of wood and stone carving
|
Subject
to local equity participation
|
|
1711
|
Silk
weaving
|
Subject
to local equity participation
|
IV.
Manufacturing Related Services
|
|
2210
|
Publishing
|
|
|
2212
|
Publishing
of newspaper, journals and periodicals
|
Subject
to discussion with Ministry of Information and Ministry of Culture
and Fine Arts
|
|
2213
|
Publishing
of record media
|
|
|
2219
|
Other
publishing
|
Foreign
equity is restricted to maximum of 49%
|
|
2221
|
Printing
|
|
|
2222
|
Service
activities related to printing
|
|
|
9213
|
Radio
and television activities
|
|
V.
Others
|
|
|
NIL
|
|
|
|
|
Annex
2
Sensitive List for the
Granting of National Treatment
MEASURES
|
DESCRIPTION
OF TREATMENT
|
|
Ownership
of Land
|
-
Foreign
can not own land. The land can be leased for 70 years, renewable.
|
|
Work
permit
|
All
foreign investors and foreign employees must obtain work visas and
work permit.
|
|
Recruitment
of personnel
|
Foreign
investors shall give priority to Cambodian citizen in recruiting and
hiring.
They
have the right to employ skilled foreign personnel and experts who
are not available in the Kingdom of Cambodia among the Cambodian
people. But they are subject to Immigration Law and Labor Law.
|
Annex
3
Temporary
Exclusion List for the opening up of industries
|
ISIC
CODE
|
SECTORS/INDUSTRIES
|
REMARKS
(RESTRICTIONS/REQUIREMENTS)
|
I.
Industries Closed to both Foreign and National Investments
|
|
|
Nil
|
Nil
|
II.
Industries Closed only to Foreign Investors, i.e., SME. National
Policies
|
|
|
Nil
|
Nil
|
III.
Industries Open to Local and Foreign Investors with Restriction only
to Foreign Investors
|
|
|
Nil
|
Nil
|
IV.
Manufacturing of Related Services
|
|
|
Nil
|
Nil
|
V.
Other Services
|
|
|
Nil
|
Nil
|
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