DFDL Cambodia Customs Guide 2025
DFDL Cambodia Customs Guide 2025
CAMBODIA
CUSTOMS GUIDE
2025
www.dfdl.com
1 Overview of Cambodia Customs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
A. Overview of Cambodia’s Customs Regulations . . . . . . . . . . . . . . . . . . . . . . . . . 5
CONTENTS
B. Economic Landscape and Strategic Location . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
C. Customs Infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
D. Customs and Trade Updates (2024) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
E. Contacts/Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2. Registration General Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
A. Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
B. Customs Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
C. Importation of Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
D. Export of Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
E. Customs Transit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
F. Scanning Containerized Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3. Special Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
A. Qualified Investment Projects (QIP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
B. Special Economic Zone (SEZ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
C. Temporary Admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
D. Custom Bonded Warehouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
E. Best Trader Incentive Mechanism (BTIM) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
F. Authorized Economic Operator (AEO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
4. Pre-clearance Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
A. Advance Ruling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
B. Customs Valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
C. Certificate of Origin Verification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
D. Enforcement of List of Prohibited and Restricted Goods . . . . . . . . . . . . . . . . 29
E. Customs Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
F. De Minimis Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
5. Duties and Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
A. Upon importation of goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
B. Upon export of goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
6. Trade Agreements with Cambodia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
This guide is based on our understanding of publicly known Cambodian laws, regulations and official practices 7. Rules of Origin (ROO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
as of 15 October 2024 and may be affected by laws that are subsequently passed by the Cambodian Government A. Determination of Origin of Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
or notifications that are adopted by various ministries.
B. Proof of Origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
©DFDL, 2024 C. Competent Authority in Cambodia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, 8. Anti-Dumping Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
in any form or by any means – electronic, mechanical, photocopy, recording or otherwise – without the prior 9. Administration Procedures .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
permission in writing from the publisher or copyright holder. This publication, and any form of copy of this
A. Record-keeping requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
publication, may not be sold, re-sold, hired out or otherwise disposed of by way of trade, by any person or entity,
without the prior written permission of the publisher or copyright holder. The information contained in this book B. Procedures Post-Clearance Audits (PCA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
is provided for information purposes only and is not intended to constitute legal and tax advice. Legal and tax C. Statute of limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
advice should be obtained from qualified counsel for all specific situations. D. Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
For more information, please email us at [email protected] or visit www.dfdl.com. E. Appeal procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
It is with pleasure that we launch our inaugural DFDL 2024/2025 Cambodia Customs Booklet.
FOREWORD
From its inception by Royal Decree in 1951 the modern-day General Department of Customs
and Excise of Cambodia (GDCE) has evolved along with the changing local and global economic
and political winds.
The key pillars in the next step of the modernization of the customs management in Cambodia
will allow the GDCE to focus on enhancing the facilitation of trade, improvement of business
and investment environments, strengthening of revenue collection and action against cross-
border crime.
At a micro-level our clients on the ground in Cambodia are seeing the GDCE become more pro-
active with respect to post-clearance audits, tariff classification disputes, and re-assessments
concerning the transactional value used by an importer to determine the base on which duties
and taxes are applied.
Naturally as Cambodia looks to increase its Free Trade Agreement network and compete
with neighboring countries for FDI, via the reliance on investment incentives, there will be
tension with revenue collection targets of the GDCE. This tension has led the GDCE to carry out
increasingly more customs audits so that annual revenue budgets set by the Royal Government Cambodia’s economic transformation has been
of Cambodia are met.
In the current evolving environment, it has never been more important for businesses operating
in Cambodia to be aware of their obligations with respect to the customs requirements in
1OVERVIEW OF profoundly shaped by its strategic positioning
as a key exporter to Europe and the United
States. By leveraging its competitive advantages
in sectors such as textiles, agriculture, and light
Cambodia and to seek professional advice when in doubt. DFDL is well placed to ensure our
clients are customs compliant in Cambodia. CAMBODIA manufacturing, the country has established itself
as a reliable supplier to some of the world’s most
CUSTOMS demanding markets. Central to this success has
been the development of an efficient customs
Clint O’Connell framework, which has facilitated smoother trade
Managing Partner – Head of Tax and Customs flows and ensured compliance with international
Cambodia standards, further enhancing Cambodia’s appeal
as a trading partner.
A. Overview of Cambodia’s
Customs Regulations
Customs regulations are overseen by the GDCE
of Cambodia under the Ministry of Economy and
Finance (MEF). In practice, customs procedures
are governed by a mixture of domestic policies,
Memorandums of Understanding (MoUs)
with countries in the region, and international
trade agreements. Cambodia joined the
World Customs Organization (WCO) in 2001, and Science, Technology & Innovation (MISTI). This B. Economic Landscape and
subsequently implemented several international governmental body is responsible for regulating
Strategic Location
trade agreements regarding trade, including standards proposed by other governmental
the Convention on the Harmonized Commodity departments and branches.
Economic Development
Description and Coding System and the Revised
Launched on 1st January 2024, the Customs Reform
Kyoto Convention. Cambodia’s economic development has seen
and Modernisation Strategy 2024-28 aims to
impressive progress over the past few decades.
Cambodia also joined the World Trade Organization enhance trade facilitation and improve the business
Between 1995 to 2019 – before COVID-19 struck
(WTO) in 2004 and in 2016, the country ratified the and investment environment in the country. This
in 2020 - Cambodia enjoyed a robust annual
Agreement on Trade Facilitation of the WTO (WTO- strategy focuses on increasing the efficiency
growth rate of 7.6%, making it one of the fastest-
TFA), which resulted in the establishment of the of customs administration, particularly in tax
growing economies in the globe. Cambodia did
National Committee on Trade Facilitation (NCTF) in collection, while ensuring transparency and fairness.
experience an economic downturn in 2020 due to Source: GDCE
2020. The NCTF oversees implementing the WTO- It emphasizes the importance of international
COVID-19 with a growth rate of -3.1%. The post-
TFA and coordinating with relevant public and cooperation and partnerships with various state
COVID-19 period saw Cambodia experience a
private sector actors to promote compliance. institutions, including the Ministry of Commerce
notable recovery with a growth rate of 3% in 2021,
(MOC) and the private sector, to achieve these goals.
Cambodia’s Law on Customs was promulgated in 5.2% in 2022 and 5.4% in 2023. A robust economic
The strategy also addresses contemporary global
2007 and provides the legal framework for customs environment, reflected by the country’s economic
challenges such as technological advancements
operations in the country. In practice, customs growth consistently surpassing the global average,
and geopolitical tensions.
duties are dependent upon an item’s type, value, is viewed as highly attractive for investment.
and origin. Tarriff rates can vary and there can be Building on this strategy, Cambodia has worked to
additional fees to cover administrative costs. modernize its customs procedures in recent years, Customs and Trade Overview
digitizing and streamlining certain basic processes (2024)
The Law on Standards, also promulgated in 2007,
while also adopting the Automatic System for
sets the parameters for the quality of products and The United States remains Cambodia’s largest
Customs Data (ASYCUDA) at all international
services permitted for trade in Cambodia. Different export market, accounting for over 36% of
checkpoints. Although we’ve seen progress recently
governmental departments dictate standards for Cambodia’s total exports in the first half of 2024. Source: GDCE
(pre-arrival processing, National Single Window),
the trade of goods and/or services under their Cambodia exported $4.4 billion worth of goods to
true one-stop service implementation has not yet
purview, such as the Ministry of Health (MoH) the United States, an increase of 3.9% compared to
been achieved, and vestiges of the older system are
setting labelling requirements for pharmaceuticals. the same period in 2023.
still noticeable, including bureaucratic delays such
The National Standards Council was established
as inconsistent requests for paperwork. Guidance During the first half of 2024, China, Thailand, and
in 2009 and is chaired by the Ministry of Industry,
from local experts is therefore highly recommended. Vietnam accounted for 73.4% of the Kingdom’s total
imported goods. Cambodia imported $10 billion
worth of goods from the three countries, an increase
of 13% compared to the same period in 2023.
Recent Initiatives to Improve Cambodia’s Customs Procedures (2024) General Department of Customs and Excise
The Government has a pro-trade and pro-business Cambodia’s GDCE is taking steps to digitalize its No: 6-8, Preah Norodom Blvd., Sangkat Phsar Focal Point Contacts of GDCE:
agenda, making it easy to engage with government customs operations by integrating its multiple already Thmei I, Khan Daun Penh, Phnom Penh https://customs.gov.kh/en/about/13057-focal-
agencies into dialogue on measures to improve existing Customs digital tools within ASYCUDA and point-of-gdce
Tel of Public Relations Unit of GDCE:
the business climate. A variety of Public-Private expanding the capabilities of the Cambodia NSW.
(855) 23 722 767, (855) 23 722 768 Website: https://customs.gov.kh/
Dialogue Platforms are established in Cambodia Some of the most recent examples are:
to foster collaboration between the government
• The pilot program, launched on July 2024, General Department of Taxation
and the private sector. Notable examples include
to digitalize pre-arrival processing at key
EuroCham’s Transport & Logistics Committee, Corner Russian Federation & Mao Tsetong Blvd. Email: [email protected]
ports and airports across Cambodia.
the Government-Private Sector Forum and the Sangkat Toek La ak I, Khan Tuol Kork, Phnom Penh
Website: https://www.tax.gov.kh/
Customs-Private Sector Partnership Mechanism. • The integration of e-signatures and
improved user interfaces for the Tel: (855) 23 266 668, (855) 886 708
These platforms play a crucial role in shaping
policies and resolving issues. Here are some of Cambodia NSW.
the latest reforms made possible thanks to Public
Ministry of Commerce
• The SOP guidelines for the management
Private Consultations. of Postal, Express Delivery and Cross- No. 19-61, Confederation de la Russie Blvd (110)
Border E-Commerce, issued in June 2024. Phnom Penh
• The current integration of the CVDS into Tel: (855) 23 866 188
the ASYCUDA and the ASYHUB systems. Email: [email protected]
Techo Takhmao International Airport, situated in turnaround time for goods by cutting out delays
Kandal Province near Phnom Penh, is set to become associated with customs clearance procedures. In
operational in 2025. Upon completion, it will be the addition, its proximity to SEZs and industrial parks
9th largest airport in the world, playing a crucial role will strengthen the logistics chain, providing support
in Phnom Penh’s emergence as a key inter-regional to businesses in these areas through enhanced
transport hub. customs services.
The new airport is expected to enhance the The airport’s increased capacity, modern infra-
efficiency of customs operations within Cambodia. structure, and strategic location are anticipated to
By increasing air cargo capacity, it will facilitate the significantly enhance customs operations, which in
faster and more efficient movement of goods. Also, turn would boost Cambodia’s economic growth.
new facilities at the airport are expected to reduce
B. Customs Declaration
The importation and exportation of goods are subject to normal customs declaration procedures, regardless of
whether the goods are eligible for duty or tax exemption.1 The owners or their authorized representatives are
required to declare these goods to the GDCE.2
The importer, exporter, or its authorized representative must accomplish a customs declaration form or a Single
Administrative Document (SAD), which can be done manually or electronically through the ASYCUDA.
When the SAD is completed, the customs officer will assess the SAD using a risk management criteria system to
determine the applicable processing lane.
Lane Requirements
for commercial purposes in Cambodia must • SAD is automatically assessed and with specific
have business registration with the Ministry reasons; a clearance document is issued.
PROCEDURES of Commerce (MOC), Value Added Tax (VAT)
Blue Lane
• Hardcopy of the SAD is subject to Post-Clearance Audit
registration with the General Department of
Taxation (GDT), and customs registration with
the GDCE. Additional registrations may be
If the SAD is under Red and Yellow lanes, customs officer will verify the criteria that caused the declaration to be
necessary if the enterprise operates within
set in these lanes.
a Special Economic Zone or under special
arrangements with the Cambodian Government. Upon clearance of the SAD’s assessment, the system will indicate the amount of duties, taxes, and fees to be
settled. Following the payment, GDCE will issue the Cargo Release Note pertaining to the declaration. This note
Individuals and non-residents are generally
serves as authorization for customs to release the cargo.
not allowed to export goods for commercial
purposes.
• Electronic Customs
Customs Declaration (SAD) Registration Declaration
• Electronic Supporting
Documents Surveillance and Monitoring
• Electronic/Paperless
Process by Customs Via Customs Tools (Mobile apps)
ATIGA e-Form D LPCOs issued by competent • Electronic Receipt and
Release
Lodgment of SAD Received from ASEAN authorities via NSW
Members via ASW
E-PAYMENT
Electronic Cargo Declarations
submitted by Carriers, NVOCCs,
and Forwarders, via ASYHUB Electronic Payment
© 2024, GDCE 5
C. Importation of Goods
Goods can be imported through the Cambodia In general, the following documents are required
International Sea Port (Sihanouk Ville Port), Phnom for the importation of goods into Cambodia:
Document Checking Penh Floating Port, Cambodia International border
• commercial invoice;
check point, and International Airport. In addition,
there exist several Customs Temporary Storages/Dry • packing list;
Ports where goods can be temporarily held before • bill of lading or airway bill;
Physical being released to the importer/owner. Notably, the
• copy of the importer’s latest patent tax
Inspection Sihanouk Ville Port is among the most utilized ports
and VAT certificate;
where goods undergo screening via the TC-Scan
Machine System, implemented to minimize physical • certificate of origin of the imported goods
inspections conducted by Customs. (if applicable);
Query copy of Import Permit or License issued
Importation procedures differ based on the mode of •
transportation – sea, air, or land. This encompasses by relevant ministries and the competent
ship formalities for sea imports, aircraft formalities authorities for prohibited and restricted
for air imports, cargo warehousing, container goods (if required); and
Scrutiny Process
scanning, customs declaration process, and • Other relevant documents as per the
inspections. Moreover, special procedures may apply specific requirements of the goods being
if the importer or owner is entitled to incentives or imported.
Duty and Tax Assessment / Customs Valuation
other types of relief, as detailed in Section 3 (Special
Procedures).
Duty & Tax Payment
15
6
9
3 E. Customs Transit
16
1 Phnom Penh International Airport
2 Siem Reap International Airport Customs transit is the customs procedure under also required to adhere to the routes designated
2 3 Aranyaprathet Border Checkpoint
which goods are transported under customs by the GDCE, and upon reaching the outbound
4 Banteay Chakrei International Border Checkpoint
5 Bavet Border Check Point control from one customs office to another.3 This border, transit documentation must be presented
8
6 Boeung Trakoun Border Checkpoint
allows goods to pass through Cambodia from one to Customs for clearance. In addition, transit goods
13 7 Cham Yeam Border Check Point
8 Kamrieng International Border Checkpoint customs office to another without being subject to are also granted exemption from duties and taxes.
9 Nong Nok Khiene Border Crossing
10 O Smach
import duties and taxes. However, the operator is required to furnish a
11 Phnom Den Department of Customs and Excise deposit or security.
12 Phnom Penh Autonomous Port Customs transit applies to both national and inter-
13 Phsar Prum Border Check Point
14 Prek Chak International Border Check Point
national transits. This can be performed by: In general, the following documents are required to
15 Sihanoukville Autonomous Port transit goods through Cambodia:
16
The office of the International border Checkpoint of a. Customs Temporary Storage Operators;
commercial invoice;
Poipet
•
b. Customs Bonded Warehouse Operators; and
17 Trapaingkriel Border Checkpoint Stung Treng
7
1 • packing list;
12 c. other persons permitted by the GDCE to
operate customs transit procedures. • customs permit or license (if applicable);
5 Transit goods are only transported in containers or • certificate of insurance; and
4
3 in transport units approved by the GDCE. They are • certificate of origin.
15 11
14
F. Scanning Containerized Goods
Scanning containers is a trade facilitation method However, this scanning requirement does not apply
that enhances customs’ efficiency by allowing for to the following:
quicker physical inspections and reducing the costs
D. Export of Goods • Export goods that were inspected before
associated with unloading goods. For this, goods
loading and secured with customs seals.
must go through the TC-Scan Machine System for
All exporters (or their representatives) are required seals are verified. If all requirements are met,
inspection. • Goods loaded into containers without
to complete the customs declaration and clearance containers are loaded and prepared for export.
roofs or walls.
procedures. Export procedures vary depending Scanning of containerized goods is required under
However, certain export items, such as garments Goods cleared at Customs and Excise
on whether the goods are to be shipped via sea, the following conditions:
•
air, or land. Similarly to importation, goods can be
and wood products from factories in the Sihanouk Offices at the border without scanning
Ville area, undergo clearance at the port itself. In machines.
exported through the SihanoukVille Port, Phnom • The Customs Declaration (SAD) is
such cases, customs officers may conduct reviews assessed under the Red Lane.
Penh Floating Port, Cambodia International border • Goods from government institutions,
and inspections at the exporter’s premises.
checkpoints, and the International Airport. • The SAD is initially in another lane but is diplomats, organizations with diplomatic
The GDCE is required to conduct a primary or re-routed to the Red Lane based on risk immunity, international organizations, or
For non-containerized goods, exporters should
in-depth spot check on all items before they can information provided by Customs officers. NGOs officially authorized by competent
directly request customs office or branch approval
be exported. After the customs paperwork is Upon request by the importer or owner of authorities.
and then proceed with the export declaration •
authorized, inspection is finished, and export duties the goods. Goods for humanitarian aid or donations.
processes. For non-prohibited, containerized goods, •
and taxes are paid, the goods are cleared for export.
exporters should adhere to customs procedures at • Other conditions as specified by the • Goods exempted by the MEF.
the Department of Export Management of the GDCE. In general, the following documents are re-quired GDCE. • Goods imported by members of the
for the export of goods from Cambodia:
However, if the exported goods are prohibited or Best Trader group under Customs risk
restricted, exporters must also obtain an export management principles.
• commercial invoice;
permit from the relevant ministries. Different • Empty containers.
• packing list;
customs procedures are applic
• Other goods as specified by the GDCE.
• bill of lading / airway bill, trucking bill of
At Sihanouk Ville Port, garment-related items and lading;
agricultural products constitute the majority of A container scanning fee will apply depending on the size of the container.
• customs permit or license (if applicable);
export goods. These items undergo inspection
primarily at the GDCE Export Office in Phnom • insurance certificate; and
Penh, where containers are sealed. Subsequently, • certificate of origin issued by the MOC (if
at the Sihanouk Ville Port customs office, relevant availing a preferential rate under a trade
documents are usually examined, and container agreement).
3 Article 9 of the LOC and Prakas 508 dated 1 July 2008.
3
SPECIAL
Projects (QIP)
QIP refers to those investment projects in
tax, and VAT on the importation of
production inputs of an Export QIPs and
Supporting Industry QIP to serve their
is subject to various conditions, procedures and
post clearance reviews by the relevant authorities.
C. Temporary Admission
Temporary Admission refers to customs procedures that
permit specific items to enter Cambodia with either a full
or partial exemption from taxes and charges, under certain
conditions. These items are imported for a particular
purpose and must be re-exported within a specified
timeframe without any modifications except for normal
depreciation from usage.5
• Be a legal entity that demonstrates flow of goods, and the safe management
In 2014, the GDCE initiated a BTIM, which is an incentive scheme given to high-compliant traders or those
compliance with import-export regulations of access, confidentiality, and data
identified as Best Traders.9 BTIM members enjoy priority in submitting declarations, inspecting goods and
and has not committed any serious storage.
documents, and releasing items. They are also exempted from the advanced verification of customs value and
offenses, including those related to duty
rules of origin, enabling them to finalize customs procedures at a later stage. In addition, BTIM members benefit • Implement systems to ensure the safety
and tax payments, within the past three
from pre-arrival clearance. and security of handling, transport, and
years. storage of import, export, and transit
To qualify as BTIM member, a trader must meet the following criteria: • Maintain a system for recording and cargo, as well as related to conveyances,
• be ranked in the first category of the • comply with the record-keeping managing financial information and containers, premises, warehouses, and
Trade Credibility Management System; requirements related to import-export records in a clear, accurate, and verifiable other inventory storages.
activities according to existing rules; and format.
• be a legal person with at least KHR 1 • Establish systems to manage and record
billion capital; • be a member of any authorized business • Possess adequate financial resources to the safety and security measures for
support business operations and fulfill tax personnel, workers, employees, and
have an annual trade volume of at least community whose chairperson must
obligations. visitors entering the company’s business
•
USD 2 million; verify the financial status and compliance
status of the trader. • Engage in regular consultations, premises and other relevant locations.
have not committed serious customs
Develop systems to manage and record
•
cooperation, communication, and •
offences in the past three years and not
information exchange with the GDCE, the safety and security measures with or
be in default;
promptly reporting any changes to the for business partners.
business, irregularities, or discovered • Have clear crisis management
F. Authorized Economic Operator (AEO) crimes in writing. mechanisms and contingency plans to
• Provide training to workers and prevent and control issues in a timely and
In 2023, the GDCE implemented an AEO Program, which is a global initiative where customs authorities
employees on customs rules, security and up-to-date manner.
collaborate with the private sector to promote trade and improve supply chain security and safety.10 AEO status
safety protocols for the flow of goods, as
offers various benefits, including those provided under Mutual Recognition Agreements with partner countries, • Implement mechanisms for internal
well as crisis management and response. audit,review, analysis, evaluation,
destination clearance and use of AEO logo, deferred payment for 15 days, and broader relief from customs
procedures and formalities compared to those provided to BTIM members. • Maintain written and electronic records correction, and improvement on a regular
pertaining to import-export activities, the basis.
9 Personnel Security ✖ ✔
Submitting Validation 10 Trading Partner Security ✖ ✔
11 Crisis Management and Incident Recovery ✖ ✔
12 Measurement, Analysis, and Improvement ✖ ✔
Source: GDCE
9 Prakas No. 452 dated 11 April 2013, as updated by GDCE’s subsequent decisions and instructions.
10 Prakas No. 209 dated 19 April 2023.
•
of importation, and the stock management
can be self-managed, subject to existing
procedures from the GDCE.
Exemption from carrying the goods
• Exemption from container scanning
obligations. If necessary, the GDCE may
require the container to be scanned
4
PRE-
Since 2013, Cambodia established and has
been implementing the Advance Ruling system
to enhance trade facilitation and ensure the
transport permit and customs seal posting in accordance with risk management correctness of customs declaration.11 The
requirement on goods upon the arrival at principles. CLEARANCE Advance Ruling constitutes a written statement
business premise.
• Pre-arrival clearance procedure.
• Reduced physical inspections in accordance
with risk management principles.
PROCEDURES issued by the GDCE in response to inquiries
regarding tariff classification, interpretation of
• Documents deferment relating to import, customs value, and the origin of goods intended
• Destination clearance at customs bonded
export and transit without provision of for importation into Cambodia.
warehouse and temporary storage premise
with national transit request carried out at security guarantee. To request an Advance Ruling, the applicant
the office of entrance without having to (such as the importer, producer of the goods,
obtain permission from the GDCE. or its authorized representative) must submit
the application (in the prescribed format) to
the Department of Planning, Technique, and
International Affairs of the GDCE before the
actual shipment of the goods in question.
5. Computed Value Following the examination, the GDCE will indicate in the Certificate
6. Residual Value of Origin Form whether preferential treatment is granted for the
importation in question. In case the exporting country and importing
Generally, the customs value of imported goods is determined country have different tariff classification for the imported goods,
by the transaction value, which refers to the actual price paid the Certificate of Origin may not be accepted, and the goods may
or payable for the goods when sold for export to Cambodia. If be released at Most Favored Nation (MFN) rates.
the transaction value method cannot be applied, the importer or
trader may seek guidance from the GDCE on the application of D. Enforcement of List of Prohibited and
alternative methods. The importer/trader is obligated to declare
the customs value of the imported goods on the SAD.
Restricted Goods
The GDCE assesses the customs value of imported goods Prohibited and restricted goods are goods that are banned or
considering various factors, including the transaction value, freight are subject to a certain conditions and policy considerations, as
and insurance costs, and relevant adjustments. In some instances, follows:
the GDCE may establish a minimum customs valuation for certain
• protection of national security;
imported goods. These valuations are derived from the GDCE’s
minimum price list for specific goods issued regularly. • protection of public order and stadards of decency and
morality;
In addition, the GDCE may adjust the transaction value by
• protection of human, animal or plant life or health;
adding certain costs related to the imported goods. These may
include royalties and license fees that the importer must pay • protection of national treasures of artistic, historic or
as a condition of sale of the imported goods, commissions and archaeological value;
brokerage fees (excluding buying commissions), and assists such • conservation of natural resources;
as materials, components, design or engineering work used in
• compliance with the provisions of existing Cambodian
the production of the imported goods. These will be assessed on
legislation; and
a case-by-case basis.
• fulfillment of obligations under the Charter of the
United Nations.
12 Article 21 of the LOC and Prakas 387 dated 22 May 2008. 13 Article 18 of the LOC.
E. Customs Permit
The following import-export goods require application for Customs Permit through NSW:
Import goods under the QIP outside the Free • Master list approved by the CDC
Zone and duties and taxes are covered by the
state
Goods in the list of prohibited and restricted License, permit, certificate and/or other legal
goods documents from competent Ministries or
Institutions of the Royal Government of Cambodia
Goods of the Ministries or Institutions of the RGC Request letter from the Ministry or Institution of the
where duties and taxes are covered by the state RGC with the permission from the MEF
Imported goods under the framework of grand • For grant and humanitarian aids: approval
aids, humanitarian aids, from the CDC (Cambodia rehabilitation and
Development Board)
• For cooperation financing (loan): Master list
approved by the MEF
Duty and tax-exempt imported goods for or • Approval from the Ministry of Foreign
by foreign diplomatic or consular mission, Affairs and International Cooperation
international organization and agencies of • Approval from the MEF on customs duty
technical cooperation of other governments in and tax exemption
the exercise of their official functions and their
personnel use
A. Upon importation of goods
Personnel effects for person migrating to
Cambodia
Approval from the GDCE
5
DUTIES AND
Once a declaration has been lodged and
recorded by the GDCE, the importer or owner
Goods under temporary admission Approval from the GDCE of the goods becomes responsible for import
duties and taxes. There are three types of duties
Other goods subject to the decision of Government Approval from the Government or the MEF
TAXES and taxes payable before the imported goods
or the MEF. are released from Customs:
Exemption of import duties and taxes will be granted with respect to the following:
a. goods for foreign diplomatic or consular Meanwhile, partial exemption of import duties
missions, international organizations and and taxes may also be granted with respect to the
agencies of technical co-operation of other import of:
governments, for official business purposes;
a. Goods and materials covered by partial
b. goods for personal use of officials in item (a) exemption under existing Cambodian Laws;
above;
b. seeds and breeding animals for agriculture;
c. goods originating in the Cambodia or that goods expected to undergo repair, processing
have been previously duty and tax paid, that or testing; goods re-imported in the same
are exported and returning from abroad, state; goods imported by the Cambodian
and that have not been enhanced in value; Government for public purposes, goods for
and temporary admission and other goods as
d. goods exempted under existing Cambodian determined by the MEF.17
laws.16 Cambodia has entered into several FTAs with
Uncut (unprocessed) precious stones 10% The CAM-UAE CEPA is the third bilateral FTA
concluded by Cambodia in recent years. The
Processed wood 5% and 10% other two are the CCFTA and CKFTA, which
entered into force in 2022.
The RCEP Agreement is an agreement to broaden partnership that will facilitate the expansion of
and deepen ASEAN’s engagement with Australia, regional trade and investment and contribute
China, Japan, Republic of Korea and New Zealand. to global economic growth and development.
Together, the RCEP participating countries account Accordingly, it will bring about market and
for approximately 30% of global GDP and 30% of employment opportunities to businesses and
the world’s population. The objective of the RCEP people in the markets covered. The RCEP Agreement
Agreement is to establish a modern, comprehensive, will work alongside and support an open, inclusive
high-quality and mutually beneficial economic and rules-based multilateral trading system.
B. Proof of Origin
The proof of origin covers all types of evidence to For goods falling under the Preferential Trade
support that the declared goods originated in a System, the CO must meet the specified criteria
particular country. This includes the Certificate of outlined in the FTA or trade agreements established
Origin (CO), whether in paper or electronic format, with Cambodia. Conversely, for goods covered by
and the declaration of origin. unilateral agreements or concessions, the CO must
adhere to the ROO of the importing country. In both
COs are often required by both importing and
scenarios, the utilization of electronic COs may be
exporting nations due to existing trade agreements
authorized, subject to the provisions outlined in the
with Cambodia. This enables exporters to capitalize
relevant FTA or trade agreement, and confirmation
on the preference systems of importing countries,
from the issuing authority of the CO.
including schemes such as the GSP and MFN
arrangements.
CO Form
7
A. Determination of Origin of
Goods For India (AIFTA) Form AI
The ROO Law provides the criteria for the origin For Japan (AJCEP)
RULES of the goods that are subject to preferential and
Form AJ
8
ANTI-DUMPING
2017 Law on Trade Remedies
The PCA encompasses a review of tariff classification, origin of goods, and customs value of imported and
exported goods. The audit may be either limited (focusing on specific aspects) or comprehensive, at the discretion
of the GDCE. The PCA Team may request verification of information through customs offices or conduct audits
at the auditee’s business premises.
C. Statute of limitations
The GDCE may redetermine the declared tariff classification, origin of goods, and customs value within three
years from the date of customs declaration. The period may be extended to 10 years on account of any fraudulent
activity.20
D. Penalties
The following penalties apply to non-compliance of the customs rules and procedures:
• Penalties for minor offences (including • Penalties for other violations of the
inaccuracies, omissions, or failure to customs law and provisions (e.g., failure
complete any information required in a to report goods, failure to submit
customs declaration, and failure to meet customs declaration, non-compliance
requirements and obligations that have on requirements for duty free goods,
no impact on duties, taxes, prohibitions, smuggling, etc.): Fine of one to three
or restrictions): Fine of KHR100,000 to times the unpaid duties and taxes plus
KHR500,000 (approximately US$25 to confiscation of goods (as applicable), or
US$125)21 imprisonment (up to one year), or both.23
A. Record-keeping
9
ADMINISTRATION
requirements
All persons engaged in the importation and
• Penalties for failure to comply with the
document retention requirement: Fine
of KHR 1 million to KHR 5 million or
Please note that penalties may be waived in case of
voluntary declaration of additional duties and taxes
provided that such declaration is made to the GDCE
imprisonment (up to 6 months), or both.22 within one year from the date of the original customs
export of goods must keep import-export
declaration.24
PROCEDURES related documents, books, records, and
information (including those in electronic
format) within 10 years at their business
E. Appeal procedures
premises in Cambodia.18
Any person, importer, or agent may file an appeal with the appropriate authority or court if they are dissatisfied
B. Post-Clearance Audits with the GDCE’s decision on the re-determination of tariff classification, origin, or customs value.
A PCA is an audit, investigation, inspection, 1. Appeal to the Director of the GDCE within 30 days from the receipt of the Notice from the GDCE;
or control procedure carried-out by 2. Appeal to the Customs Tariff Committee (CTC) on the decision of the Director of the GDCE; and
the GDCE after the release of goods. Its
3. Appeal to a competent court within 30 days from the receipt of the decision of the CTC.25
objective is to verify and validate the
accuracy of declarations by examining Where the customs value is under appeal, the goods can be released without the payment of duties and taxes
pertinent documents, business records, provided that the importer has sufficient security to cover the duties and taxes under dispute.
systems, and commercial data held by
individuals or companies directly or
20 Article 18 of the LOC.
21 Article 73 of the LOC.
indirectly engaged in international trade.19 22 Article 74 of the LOC.
23 Article 74 of the LOC.
24 Article 18 and 19 of the LOC.
18 Article 51 of the LOC.
25 Article 24 of the LOC.
19 Prakas 388 dated 22 May 2008.
Our dedicated professionals exhibit the acumen DFDL collaborated with the following local firms:
and insight necessary to assist you in navigating
• Sarin & Associates, Cambodia
the legal complexities and challenges. Drawing
1 - Appeal to DG* tuned local knowledge in countries we operate in, • Robin Lynn & Lee, Malaysia
we strive to provide concise, commercially focused
• Ocampo and Suralvo Law Offices,
and innovative advice.
Philippines
DFDL in Singapore is qualified as a foreign law
practice and is not licensed to practice Singapore
Satisfied Dissatisfied law.
2 2 - Appeal to CTC
Satisfied Dissatisfied
3 3 - Appeal to court*
Satisfied Dissatisfied
Source: https://customs.gov.kh/en/publications
Working in conjunction with our legal team, our customs team is positioned to provide key advisory, compliance
and disputes services for cross-border and local investments. We offer a full range of customs services, including:
• Assistance in applying for Best Trader • Application for customs duty and DIBERJOHN BALINAS
tax exemptions for international
Regional Tax and Customs Director
and Authorized Economic Operator
certification organizations, QIP companies, and
• Assistance in applying for a Customs companies with projects [email protected]
Broker license funded by international institutions or
foreign governments
• Advisory on customs valuation and tariff
classification • Assistance in applying for Temporary
Importation under Temporary Admission
Advisory on rules of origin (ROO) and Procedures
•
Free Trade Agreement applications
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Senior Manager, Customs & Compliance
documentation and licensing
from customs authorities on valuation,
tariff, and exemptions • Support with Post Customs Audits
[email protected]
• Advisory on regulatory procedures for • Assistance in resolving customs dispute
customs transit and bonded warehouses with the GDCE
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