Sector : Business Services Subsector : Professional Services Legal Services Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to the supply of legal services in Brunei Darussalam. Existing Measures : -
18.
Sector : Business Services Subsector : Valuers (Appraisers) and Estate Agents Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to the supply of valuers (appraisers) and estate agent services. Existing Measures : -
19.
Sector : Business Services Subsector : Taxation Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to the representation of taxpayers (either by individuals or enterprises) in their tax matters including preparing and furnishing of income tax returns, filing responses to notices issued by tax authority and filing notices of objections, and handling payment in relation to tax. Existing Measures : -
20.
Sector : Business Services Subsector : Rental or Leasing Services without Operator Relating to Other Machinery and Equipment Rental or Leasing Services concerning personal and household goods Obligations Concerned : National Treatment (Article 8.4) Market Access (Article 8.5) Description : Trade in Services Brunei Darussalam reserves the right to adopt or maintain any measure relating to rental or leasing services without operators relating to other machinery and equipment and concerning personal and household goods. Existing Measures : Companies Act (Chapter 39) Administrative Measures and Guidelines
21.
Sector : Communication Services Subsector : Postal Services Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to postal services. Existing Measures : -
22.
Sector : Distribution Services Subsector : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to distribution services. Existing Measures : -
23.
Sector : Private Health Services Subsector : Pharmacists, nurses, midwives and allied health services Private laboratory services Private radiology services Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment 1. Brunei Darussalam reserves the right to adopt or maintain any measure relating to the private practice of pharmacists, nurses, midwives, and allied health services. 2. Brunei Darussalam reserves the right to adopt or maintain any measure relating to the establishment of private laboratory services and private radiology services. Existing Measures : -
24.
Sector : Health Related and Social Services Subsector : Hospital Services, excluding Laboratory Services and X-Ray Services Obligations Concerned : National Treatment (Article 8.4) Market Access (Article 8.5) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to hospital services, excluding laboratory services and x-ray services. Existing Measures : -
25.
Sector : Health Related and Social Services Subsector : Hospital Services Laboratory Services X-Ray Services Obligations Concerned : National Treatment (Article 8.4) Market Access (Article 8.5) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure on commercial presence relating to the establishment of private laboratory services and private radiology services. Existing Measures : -
26.
Sector : Private Health Services Subsector : Private Health Centres or Clinics Obligations Concerned : Market Access (Article 8.5) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to the establishment of private health centres or clinics, including: (a) requiring that such private health centres or clinics be established in the form of a joint venture with a Bruneian national; (b) limiting the number of private health centres or clinics that can be established in Brunei Darussalam; (c) requiring such private health centre or clinic to carry out research and development within the territory of Brunei Darussalam, or transfer of technology; or (d) requiring a majority of the senior managers in the private health centres or clinics to be of Bruneian nationality. Existing Measures : -
27.
Sector : Other Human Health Services Subsector : Services provided by nurses Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure on commercial presence relating to services provided by nurses, except as stated in List A. Existing Measures : -
28.
Sector : Other Health Related and Social Services Subsector : Ambulance Services Obligations Concerned : National Treatment (Article 8.4) Description : Trade in Services Brunei Darussalam reserves the right to adopt or maintain any measure on commercial presence relating to ambulance services, except as stated in List A. Existing Measures : -
29.
Sector : Recreational, Cultural and Sporting Services Subsector : News Agency Services Library Services Information Technology (i.e. 6D Theatre) Consultancy in Library Marketing (including services and premises; Establishment of New Libraries; and Research on User Needs) Supplying Library Materials (children’s books, e-books or e-journals of local authors etc.) Establishment of Private Library Archive Services Sports Event Promotion Services Sports Event Organisation Services Sports Facility Operation Services Computer Reservations System Services Obligations Concerned : National Treatment (Article 8.4) Description : Trade in Services Brunei Darussalam reserves the right to adopt or maintain any measure on commercial presence relating to news agency services; library services (information technology, consultancy in library marketing, supplying library materials, establishment of private library); archive services; and sports event promotion, organisation, or operation services, except as stated in List A. Existing Measures : -
30.
Sector : Tourism and Travel Related Services Subsector : Hotels, Boarding House, or Lodging Hotels and Restaurants (including catering) Travel Agents Tour Operator Services Tour Guide Services (for birdwatching only) Other Tourism and Travel Related Services (not classified) Obligations Concerned : National Treatment (Article 8.4) Description : Trade in Services Brunei Darussalam reserves the right to adopt or maintain any measure on commercial presence relating to hotels, boarding house, or lodging; hotels and restaurants including catering; travel agents; tour operator services; tour guide services for birdwatching only; and other tourism and travel related services (not classified), except as stated in List A. Existing Measures : -
31.
Sector : Other Tourism Services Subsector : Youth Hostel Golf Courses Marina Facilities Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure on commercial presence relating to youth hostels, golf courses, and marina facilities. Existing Measures : -
32.
Sector : Recreational, Cultural and Sporting Services Subsector : Theme Parks Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure on commercial presence relating to the supply of services for theme parks in Brunei Darussalam. Existing Measures : -
33.
Sector : Broadcasting Services Subsector : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to broadcasting services. Existing Measures : -
34.
Sector : Printing, Publishing, and Reproduction of Newspapers including matters relating to the collection and publication of news and the distribution of newspapers Subsector : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to the printing, publishing, and reproduction of newspapers including matters relating to the collection and publication of news and the distribution of newspapers. Existing Measures : -
35.
Sector : Transport Services Subsector : Air Transport Services Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure related to air transport services including: (a) the ownership, operation, and management of airports and heliports in Brunei Darussalam; (b) the supply of ground handling operations; (c) specialty air services; (d) passenger transportation; (e) freight transportation; (f) maintenance and repair of aircraft; and (g) supporting services for air transport. Existing Measures : -
36.
Sector : Transport Services Subsector : Land Transport Services Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to the supply of land transport services including: (a) passenger transportation; (b) freight transportation; (c) commercial vehicle with operator; (d) pushing and towing services; (e) maintenance and repair of road transport equipment; and (f) supporting services for road transport services. Existing Measures : -
37.
Sector : Transport Services Subsector : Pipeline Transport Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to pipeline transport including the transportation of fuels and other goods. Existing Measures : -
38.
Sector : Transport Services Subsector : Pushing and Towing Services for Maritime Transport Services Pushing and Towing Supporting Services for Internal Waterways Transport Supporting Services for Rail Transport Services Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to pushing and towing services for maritime transport services, pushing and towing supporting services for internal waterways, and supporting services for rail transport services. Existing Measures : -
39.
Sector : Maritime Transport Services Subsector : Rental of vessels with crew Maintenance and repair of vessels Maritime Agency Services Services auxiliary to maritime transport Supporting services for maritime transport Obligations Concerned : National Treatment (Article 8.4) Market Access (Article 8.5) Description : Trade in Services Brunei Darussalam reserves the right to adopt or maintain any measure on commercial presence for maritime transport services relating to rental of vessels with crew, maintenance and repair of vessels, maritime agency services, services auxiliary to maritime transport, and supporting services for maritime transport. Existing Measures : -
40.
Sector : Maritime Transport Services Subsector : Freight Transport (for energy goods) Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to freight transport for energy goods. Existing Measures : -
41.
Sector : Transport Services Subsector : Internal Waterways Passenger Transport Services Freight Transport Services Rental of vessels with crew Maintenance and repair of vessels Supporting services for Internal Waterways Transport Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure on commercial presence relating to internal waterways transport services. Existing Measures : -
42.
Sector : Transport Services Subsector : Rail Transport Services Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure on commercial presence relating to this sector, except as stated in List A. Existing Measures : -
43.
Sector : Transport Services Subsector : Space Transport Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure on commercial presence relating to this sector, except as stated in List A. Existing Measures : -
44.
Sector : Other Transport Services Subsector : Freight transport agency services and other freight transport services (freight consolidation and break-bulk services only) Obligations Concerned : National Treatment (Article 8.4) Description : Trade in Services Brunei Darussalam reserves the right to adopt or maintain any measure on commercial presence relating to freight transport services and other freight transport services (freight consolidation and break-bulk services only), except as stated in List A. Existing Measures : -
45.
Sector : Other Transport Services Subsector : Freight transport agency services and other freight transport services (except for freight consolidation and break-bulk services) Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to freight transport services and other freight transport services, except for freight consolidation and break-bulk services only. Existing Measures : -
46.
Sector : Services Auxiliary to all modes of transport Subsector : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure on commercial presence relating to services auxiliary to all modes of transport. Existing Measures : -
47.
Sector : Business Services Subsector : Rental or Leasing Services relating to Aircraft without Operator Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure on commercial presence relating to the rental or leasing services relating to aircraft without operator, except as stated in List A. Existing Measures : -
48.
Sector : Private Education Services Subsector : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to the supply of private education services, for Brunei Darussalam citizens, including the following: (a) equity shareholding by foreign nationals or companies in the ownership of schools and higher learning institutions; (b) the total number of schools and higher learning institutions that may be established in Brunei Darussalam; (c) the total number of employees, including teachers; or (d) the nationality of senior management or board of directors. Existing Measures : -
49.
Sector : Education Services Subsector : Adult Education, for courses with maximum duration of three months (Private Education) Type of Obligation : National Treatment (Article 8.4) Description of Measure : Trade in Services Brunei Darussalam reserves the right to adopt or maintain any measure on commercial presence relating to adult education, for courses with maximum duration of three months for private education, except as stated in List A. Source of Measure : Education Act (Chapter 210)
50.
Sector : Higher Education Services Subsector : - Obligations Concerned : Market Access (Article 8.5) Local Presence (Article 8.11) National Treatment (Article 10.3) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to the supply of higher education services for Brunei Darussalam citizens. Existing Measures : Education Act (Chapter 210)
51.
Sector : Education Services Subsector : International Schools, for Primary and Secondary Education Services Obligations Concerned : National Treatment (Article 8.4) Market Access (Article 8.5) Description : Trade in Services Brunei Darussalam reserves the right to adopt or maintain any measure relating to international schools, for primary and secondary education services. Existing Measures : -
52.
Sector : Electricity Services Subsector : - Obligations Concerned : Market Access (Article 8.5) Prohibition of Performance Requirements (Article 10.6) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to the generation, supply, transmission, and distribution of electrical energy. Existing Measures : -
53.
Sector : Trade Services Subsector : Supply of potable water for human consumption Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Prohibition of Performance Requirements (Article 10.6) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to the supply of potable water, including: (a) the supply of water as a public utility; (b) the extraction of ground water; or (c) the export of water. Existing Measures : -
54.
Sector : Trade Services Subsector : Wholesale trade services and retail trade services of tobacco Obligations Concerned : Market Access (Article 8.5) Description : Trade in Services Brunei Darussalam reserves the right to adopt or maintain any measure relating to the supply of wholesale and retail trade services of tobacco products. Existing Measures : -
55.
Sector : Trade Fair and Exhibition Organising Services Subsector : - Obligations Concerned : National Treatment (Article 8.4) Description : Trade in Services Brunei Darussalam reserves the right to adopt or maintain any measure relating to trade fair and exhibition organising services. Existing Measures : Public Entertainment Act (Chapter 181)
56.
Sector : Financial Services Subsector : Capital Market Clearing and Settlement Services Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment 1. Brunei Darussalam reserves the right to adopt or maintain any measure relating to the establishment or operation of the following: (a) clearing and settlement services; (b) central securities depository; (c) trade repository; (d) trading facilities; (e) credit rating agencies; (f) exchanges; or (g) securities and futures market. 2. For greater certainty, this entry applies to financial institutions participating in, or seeking to participate in, any such exchange or securities market. Existing Measures : Autoriti Monetari Brunei Darussalam Order, 2010 Securities Markets Order, 2013 Securities Markets Regulations, 2015 Payment and Settlement Systems (Oversight) Order, 2015
57.
Sector : Credit Reporting Services Subsector : - Obligations Concerned : National Treatment (Article 8.4) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6) Local Presence (Article 8.11) Description : Trade in Services Brunei Darussalam reserves the right to adopt or maintain any measure relating to the establishment and operation of credit reporting services. Existing Measures : Autoriti Monetari Brunei Darussalam Order, 2010 Banking Order, 2006 Islamic Banking Order, 2008
58.
Sector : Financial Services Subsector : Banking Obligations Concerned : National Treatment (Article 8.4) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6) Description : Trade in Services Brunei Darussalam reserves the right to adopt or maintain any measure relating to the treatment of locally incorporated banks that are not available to licensed foreign banks branches including the following: (a) number of branch locations; or (b) types of banking business5 offered. Existing Measures : Autoriti Monetari Brunei Darussalam Order, 2010 Banking Order, 2006 Islamic Banking Order, 2008 5 “Banking Business” is as defined under Section 2 of the Banking Order, 2006 and Section 2 of the Islamic Banking Order, 2008.
59.
Sector : Financial Services Subsector : All Sectors Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Description : Trade in Services and Investment 1. Brunei Darussalam reserves the right to adopt or maintain any measure relating to subsidies or grant of advantages including the following: (a) government-owned or government-controlled entities for legitimate national economic development objectives; and (b) Islamic financial institutions carrying out Islamic banking, takaful or retakaful, and Islamic capital markets for the purpose of Islamic finance development. 2. Brunei Darussalam reserves the right to adopt or maintain any measure relating to small and medium enterprises financing programme. Existing Measures : -
60.
Sector : Financial Services Subsector : Banking Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to the granting of licences to banks. Existing Measures : -
61.
Sector : Financial Services Subsector : All Sectors Obligations Concerned : Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to the appointment of key responsible persons of the financial institutions including its senior executives, chairman, and the board of directors. Existing Measures : -
Cambodia
List A. Explanatory Notes
1. This List sets out, pursuant to Article 10.8 (Reservations and Non-Conforming Measures), measures that do not conform to the obligations under:
(a) Article 10.3 (National Treatment);
(b) Article 10.4 (Most-Favoured-Nation Treatment);
(c) Article 10.6 (Prohibition of Performance Requirements); and (d) Article 10.7 (Senior Management and Board of Directors).
2. Cambodia may add, withdraw or modify its entries as set out in this List for a period of 24 months from the date of entry into force of this Agreement, provided that the relevant non-conforming measure is in existence as of the date of entry into force of this Agreement. Cambodia shall notify the other Parties of any such addition, withdrawal, or modification in this List, including the relevant laws and regulations, through the Depositary. Such addition, withdrawal, or modification will take effect on the date of such notification.
3. Each reservation in this List shall set out the following elements, where applicable: (a) Sector refers to the sector in which a reservation is taken;
(b) Subsector refers to specific industries, products, and activities in which a reservation is taken;
(c) Industry Classification refers to the activities covered by the reservation according to International Standard Industrial Classification (ISIC) Revision 3 for manufacturing, agriculture, fishery, forestry, mining and quarrying;
(d) Level of Government indicates the level of government maintaining the measures for which a reservation is taken. For the purposes of the Level of Government element, National Administration refers to Central Government and Sub-National Administration refers to Capital/Provinces, Khans/Municipalities/Districts and Sangkats/Communes;
(e) Type of Obligation refers to the obligations of Article 10.3 (National Treatment), Article 10.4 (Most-Favoured-Nation Treatment), Article 10.6 (Prohibition of Performance Requirements), and Article 10.7 (Senior Management and Board of Directors), as the case may be, which do not apply to the measures for which a reservation is taken;
(f) Description of Measure refers to a measure that does not conform to Article 10.3 (National Treatment), Article 10.4 (Most-Favoured-Nation Treatment), Article 10.6 (Prohibition of Performance Requirements), and Article 10.7 (Senior Management and Board of Directors) for which a reservation is taken; and ANNEX III – CAMBODIA – 3
(g) Source of Measure refers to existing measures that apply to the sector, subsector, or activity covered by the reservations and are identified for the transparency purpose only.
4. In the interpretation of a reservation, all elements of a reservation shall be considered. The Description of Measure element shall prevail over all other elements.
5. These Explanatory Notes shall form part of Cambodia’s reservations in this List.
1.
Sector : All sectors Subsector : - Industry Classification : - Level of Government : National Administration and Sub-National Administration Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Description of Measure : National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure relating to land ownership within the constitutional law, land law, and related laws and regulations. A foreigner has ownership rights over the private part of the co-owned building only from the first floor up. The ground floor and under-ground floors shall not be owned by the foreigners. A foreigner is not permitted to have ownership rights over the private parts of the co-owned buildings situated within 30 kilometres distance from land border, and other areas defined by the Royal Government of Cambodia, except the co-owned buildings located in the Special Economic Zones, for important public meeting, and other areas defined by the Royal Government of Cambodia. Land along the border cannot be leased to a national or legal person of a bordering country. Source of Measure : - Constitution of the Kingdom of Cambodia, Article 44 - Land Law (2001) - The Law on Providing Foreigners with Ownership Rights Over Private Part of the Co-Owned Buildings (2010) - Code of Civil Procedure (2006) - Civil Code (2007) - Sub-Decree No. 114 ANKR.BK dated 29 August 2007 on the Mortgage and Transfer of the Rights over a Long-term lease or an Economic Land Concession - Government circular No. 08 SR dated 17 November 2015
2.
Sector : All sectors Subsector : - Industry Classification : - Level of Government : National Administration and Sub-National Administration Type of Obligation : National Treatment (Article 10.3) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : National Treatment, Prohibition of Performance Requirements and Senior Management and Board of Directors shall not apply to any measure regarding the hiring of employment policies and obligation of an investor. Employers must give preference to Cambodians when hiring a worker (Article 263 of Labor Law (1997)). Investors shall be obliged to promote Cambodian staff to a senior management level, and this shall be made over time. The maximum percentage of foreigners who may be allowed to be employed in each of the enterprises shall not exceed 10 per cent of the total number of Cambodian employees. This rate of 10 per cent is divided into three categories of employees: 1. Office employees: three per cent 2. Employees or skilled workers: six per cent 3. Employees or Non-skilled workers: one per cent For the establishment and operation of factory, the factory owner shall give priority to Cambodian engineers and technicians. Source of Measure : Law on Investment of the Kingdom of Cambodia (1994) Law on the Amendment of the Law on Investment of the Kingdom of Cambodia (2003) Law on Administration of Factory and Handicraft (2006 and amendment 2014), Article 10 Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the Implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia Prakas No. 162 MOSALVY dated 16 July 2001 on the use of the foreign manpower issued by the Ministry of Social Affairs, Labor, Vocational Training and Youth Rehabilitation Prakas No.196 K.B/ BR K dated 20 August 2014 on Employment of Foreign Labour Code of Civil Procedure (2006)
3.
Sector : All sectors Subsector : - Industry Classification : - Level of Government : National Administration and Sub-National Administration Type of Obligation : National Treatment (Article 10.3) Senior Management and Board of Directors (Article 10.7) Description of Measure : National Treatment and Senior Management and Board of Directors shall not apply to any measure relating to portfolio investments. For domestic purchases by non-residents for equity securities, in the primary market, 20 per cent of each subscription for equity is reserved for Cambodian investors, and the remaining 80 per cent is for both Cambodian and non-Cambodian investors. However, the Director General of the Securities and Exchange Commission of Cambodia (SECC) may define the reallocation if the above allocation is not fulfiled. A foreign investor cannot buy 100 per cent of subscription of securities publicly issued (maximum 80 per cent). A corporate secretary must be a Cambodian national and an independent director shall have work experience condition different from a Cambodian national. Source of Measure : Law on the Issuance and Trading of Non- Government Securities (2007) Law on Government Securities (2020) Sub-decree on the implementation of the Law on the Issuance and Trading of Non-Government Securities (2009) Article 65 of sub-decree on the implementation of the Law on the Issuance and Trading of Non-Government Securities (2009) Article 36 of sub-decree No. 005/15 (2015) Sub-decree on the Conduct and Organization of the Securities and Exchange Commission of Cambodia Article 12 and 23 of Prakas No. 031/10 on corporate governance for the listed public enterprise dated on 15 December 2010 Prakas on Public offering of Equities Securities Prakas on Public offering of Debt Securities Prakas on Licensing and Supervision of Derivative Trading The guideline on the mechanics of trading The guideline on Client Money Account and Mechanism of Deposit, Withdrawal and Settlement of Client money for trading derivative National Economic Development Policy Stock Market Development Policy and its strategies
4.
Sector : Manufacturing Subsector : Production or processing of psychotropic substances and narcotic substances: Schedules I, II, and III of the Single Convention on Narcotic Drugs done at New York, 30 March 1961 (hereinafter referred to as “1961 Convention” in this Entry) and the Convention on Psychotropic Substances done at Vienna, 21 February 1971 (hereinafter referred to as “1971 Convention” in this Entry) Industry Classification : ISIC 2429 Level of Government : National Administration and Sub-National Administration Type of Obligation : National Treatment (Article 10.3) Senior Management and Board of Directors (Article 10.7) Description of Measure : National Treatment and Senior Management and Board of Directors shall not apply to any measure relating to the manufacturing of narcotic and psychotropic substances. Manufacturing of narcotic and psychotropic substances of Schedule I is prohibited in Cambodia, but the manufacturing of finished products of Schedule II and III (1) are only permitted according to the needs and planning of the Ministry of Health of Cambodia. Source of Measure : Law on the Controlling of Drugs (1997), Articles 1 through 4 Schedule I, II, and III of the 1961 Convention and the 1971 Convention Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the Implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia
5.
Sector : Manufacturing Subsector : Production of poisonous chemicals, agriculture pesticide, or insecticide and other goods by using chemical substances Industry Classification : ISIC 2421 Level of Government : National Administration and Sub-National Administration Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Senior Management and Board of Directors (Article 10.7) Description of Measure : National Treatment, Most-Favoured-Nation Treatment and Senior Management and Board of Directors shall not apply to any measure relating to the production of poisonous chemicals, and agriculture pesticide or insecticide. The production of other goods by using chemical substances, prohibited by international regulations or the World Health Organization, is prohibited for all investors. The production, processing, and registration of pesticide in the list of banned pesticides (2) in Cambodia are prohibited. The production, processing, and registration of other pesticides shall also be rejected if: 1. information and data attached to the application are false; 2. pesticide is highly toxic to public health or causes risk rather than the advantage of that pesticide usage; 3. pesticide is a phytotoxic product, that cannot compensate the losses of crop yield; 4. the efficacy of the pesticide has lower standard than what is clarified; 5. the pesticide contains persistent toxic residue in crops and in the environment. Source of Measure : Prakas No. 598 BRK.KSK dated 15 December 2003 issued by Ministry of Agriculture, Forestry and Fishery Prakas No. 484 BRK.KSK dated 26 November 2012 issued by Ministry of Agriculture, Forestry and Fishery Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the Implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia Law on the management of pesticides and fertilizers (2012), Article 8 and Article 16
6.
Sector : Agriculture Subsector : Seed management and Plant breeder's rights Industry Classification : ISIC 0140 Level of Government : National Administration and Sub-National Administration Type of Obligation : National Treatment (Article 10.3) Senior Management and Board of Directors (Article 10.7) Description of Measure : A foreign person cannot enjoy a plant breeder's right or related rights except for a foreign person who: 1. has resident status in Cambodia; or 2. has a permanent residence in a signatory state of the Convention of the International Union for the Protection of New Varieties of Plants adopted in Paris in 1961, as amended, or in any State which has a memorandum of understanding with Cambodia regarding plant variety protection. Source of Measure : Law on seed management and plant breeder's rights (2008), Article 13 and related regulations
7.
Sector : Fishery Subsector : Inland and marine fishery Industry Classification : ISIC 0500 Level of Government : National Administration and Sub-National Administration Type of Obligation : National Treatment (Article 10.3) Senior Management and Board of Directors (Article 10.7) Description of Measure : The following activities shall be prohibited for all investors: 1. fishing during closed season (for middle-scale and industrial fishing); 2. any fishing activities in the fishery conservation areas, except where special permission is granted by the Minister of Agriculture Forestry and Fisheries to the Fisheries Administration to conduct scientific, technical research, and experiments related to fishery; 3. bypass navigations or any activities in the fisheries conservation areas except competent officers in case of law enforcement; 4. new settlement of less than two kilometres distance from the boundaries of fishery conservation areas except for Fisheries Administration resident which is used for law enforcement purposes; 5. any fishing activities in the fishery domain using the prohibited gears (3); 6. producing, buying, selling, transporting, and storing any electrocuting devices, all types of mosquito net fishing gear, mechanised motor pushed nets, inland trawlers that are used for fishing purpose; and 7. other activities prohibited in the Law of Fisheries (2006). A foreign person cannot enjoy small-scale or family-scale fishing. Fishing exploitation or aquaculture by foreigners must be conducted under the agreement with the Ministry of Agriculture Forestry and Fisheries after obtaining the approval from the Royal Government of Cambodia. Transshipments of fishery products and anchoring of the foreign fishing vessels shall be in accordance with terms and conditions determined by the Fisheries Administration. Foreign fishing vessels that are permitted to fish in the marine fishery domain shall inform the Fisheries Administration prior to port calls in marine fishery domains of Cambodia. Only Cambodian (Khmer) nationals can establish fishing community in their locals in order to manage, conserve, develop and use fishery resources. Source of Measure : Law on Fisheries (2006) Sub-decree No. 25 ANK.BK dated 20 March 2007 on management of fishing community
8.
Sector : Forestry Subsector : Forestry and Logging: Forestry exploitation business Industry Classification : ISIC 0200 Level of Government : National Administration and Sub-National Administration Type of Obligation : National Treatment (Article 10.3) Senior Management and Board of Directors (Article 10.7) Description of Measure : National Treatment and Senior Management and Board of Directors shall not apply to any measure relating to restriction or regulation on forestry and forestry-related industries. All activities prescribed in Articles 28 through 39 of Chapter 8 of the Law on Forestry (2002) shall be prohibited. Natural protected areas shall be governed by the Law on Environmental Protection and Natural Resource Management (1996), with the purpose to: - protect and promote environmental quality and public health through the prevention, reduction, and control of pollution; - assess environmental impacts of all proposed projects prior to the issuance of the decision by the Royal Government of Cambodia; - ensure rational and sustainable conservation, development, management, and use of the natural resources of Cambodia; - encourage and enable the public to participate in environmental protection and natural resource management; - suppress any acts that cause harm to the environment. Cambodia’s measures relating to the investments in the Permanent Forest Reserves, except for rubber and eucalyptus plantations, are for the purpose of ensuring the sustainable management of forests for its social, economic and environmental benefits, including conservation of biological diversity and cultural heritage. Investors or the investment must comply with environmental impact assessment screening criteria and assessment process applicable to their proposed investments prior to their establishment, as required by the Law on Environmental Protection and Natural Resource Management (1996) and its Sub-Decree on Environmental Impact Assessment Process (EIAP) for such investment. Source of Measure : Law on Forestry (2002) Law on Environmental Protection and Natural Resource Management (1996) Government Declaration dated 25 January 1999 on Management and Elimination of Forest Anarchy Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the Implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia
9.
Sector : Mining Subsector : Mining including sand exploitation, and oil and gas extraction and refinery Industry Classification : ISIC 1410, 1110 Level of Government : National Administration and Sub-National Administration Type of Obligation : National Treatment (Article 10.3) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : To protect the natural environment in all areas within the fresh water and sea water in Cambodia, all kinds of sand exploitation for export abroad shall be prohibited. National Treatment, Prohibition of Performance Requirements and Senior Management and Board of Directors shall not apply to any measure relating to mining including the sand exploitation, and oil and gas activities carried out within Cambodia. An investment licence in mining, including sand exploitation and oil and gas activities, is required and shall be subject to terms and conditions determined by the Council of Ministers, the Ministry of Mines and Energy, and the relevant regulatory authorities. Investment projects involving exploration and exploitation of minerals and natural resources shall be submitted for the approval of the Council of Ministers. The export of all types of natural resources is prohibited. Mineral resources shall be preserved to meet the demand of the domestic factories in converting those mineral resources to finished products. Only finished products are allowed for export. Petroleum contractors shall have obligations to (1) provide education, training, and prioritising employment for Cambodian people and (2) maximise the utilisation of domestic labour force, goods, and services. The Royal Government of Cambodia can require petroleum contractors to supply not more than 25 per cent of their petroleum share for fulfilling domestic demand. In case of emergency in domestic supply, the exportation of petroleum’s resources shall be prohibited. Petroleum contractors shall submit all petroleum data from their operations to the Ministry of Mines and Energy when the petroleum agreement is completed or expired. Petroleum contractors shall submit all information and reports to the Ministry of Mines and Energy. The Ministry of Mines and Energy can publicly disseminate relevant information related to petroleum operations, and environmental and social. The State has its right to participate in the shares of petroleum operation. The shares participation of the State is approved by the Prime Minister. Source of Measure : Law on Environmental Protection and National Resource Management (1996) Law on Mineral Resource Management and Exploitation (2001) Law on Management of Petroleum and Petroleum Products (2019) Sub-Decree No. 27 ANRK.BK dated 6 April 1999 on the Water Pollution Control Article 11 of sub-decree No. 60 ANK. BK dated 5 April 2016 on the organization and functioning of the Council for the Development of Cambodia Sub-Decree No. 08 ANK.BK dated 31 January 2005 Government Decision No. 29 SSR dated 8 May 2009 on the Limitation of Sand Exploitation
10.
Sector : All Sectors Subsector : - Industry Classification : - Level of Government : National Administration and Sub-National Administration Type of Obligation : National Treatment (Article 10.3) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : Investment projects which: have investment capital of USD 50 million or more; involve politically sensitive issues; may have negative impact on the environment have long-term strategy; or involve infrastructure concession, shall be submitted for the approval of the Council of Ministers. Other or further requirements relating to National Treatment, Prohibition of Performance Requirements and Senior Management and Board of Directors for the aforementioned investment projects may be adopted by the Council of Ministers. Prohibition of Performance Requirements and Senior Management and Board of Directors shall not apply to any measure relating to tax incentive for small and medium enterprises with any condition as follows: to use at least 60 per cent local content; or to increase the number of employees by at least 20 per cent; or to locate in small and medium enterprises cluster. Source of Measure : Law on Investment of the Kingdom of Cambodia (1994) Law on the Amendment of the Law on Investment of the Kingdom of Cambodia (2003) Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the Implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia Sub-decree No. 124 ANK.BK dated 2 October 2018 on tax incentive for Small and Medium Enterprises Article 11 of sub-decree No. 60 ANK. BK dated 5 April 2016 on the organization and functioning of the Council for the Development of Cambodia
List B. Explanatory Notes
1. This List sets out, pursuant to Article 10.8 (Reservations and Non-Conforming Measures), the specific sectors, subsectors or activities for which Cambodia may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by: (a) Article 10.3 (National Treatment); (b) Article 10.4 (Most-Favoured-Nation Treatment); (c) Article 10.6 (Prohibition of Performance Requirements); and (d) Article 10.7 (Senior Management and Board of Directors).
2. Cambodia reserves the right to maintain and to add, for policy flexibility, to this List any non-conforming measure at all levels of government that existed prior to but was not listed in this List at the date of entry into force of this Agreement, for a period of 24 months from the date of entry into force of this Agreement, against the above-mentioned obligations. Cambodia shall notify the other Parties of any such maintenance or addition in this List, through the Depositary. Such maintenance or addition will take effect on the date of such notification.
3. Each reservation in this List shall set out the following elements, where applicable:
(a) Sector refers to the sector in which a reservation is taken;
(b) Level of Government indicates the level of government maintaining the measures for which a reservation is taken. For the purposes of the Level of Government element, National Administration refers to Central Government and Sub-National Administration refers to Capital/Provinces, Khans/Municipalities/Districts and Sangkats/Communes;
(c) Type of Obligation refers to the obligations of Article 10.3 (National Treatment), Article 10.4 (Most-Favoured-Nation Treatment), Article 10.6 (Prohibition of Performance Requirements), and Article 10.7 (Senior Management and Board of Directors), as the case may be, which do not apply to the measures for which a reservation is taken;
(d) Description of Measure refers to a measure that does not conform to Article 10.3 (National Treatment), Article 10.4 (Most-Favoured-Nation Treatment), Article 10.6 (Prohibition of Performance Requirements), and Article 10.7 (Senior Management and Board of Directors) for which a reservation is taken; and
(e) Source of Measure refers to existing measures that apply to the sector, subsector, or activity covered by the reservations and are identified for the transparency purpose only.
4. In the interpretation of a reservation, all elements of a reservation shall be considered. The Description of Measure element shall prevail over all other elements. 5. These Explanatory Notes shall form part of Cambodia’s reservations in this List.
1.
Sector : All sectors Level of Government : National Administration and Sub-National Administration Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : Cambodia reserves the right to adopt or maintain any measure relating to special preferences or treatments granted to Micro, Small and Medium-sized Enterprises (MSME). Source of Measure : Industrial Development Policy 2015-2025 dated 6 March 2015 SME Promotion Policy Framework (2015) Draft Policy on Promotion of Small and Medium Enterprises Draft Law on Investment as of 14 June 2019 Draft Law on Special Economic Zones as of 14 June 2019
2.
Sector : All sectors Level of Government : National Administration and Sub-National Administration Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Senior Management and Board of Directors (Article 10.7) Description of Measure : Cambodia reserves the right to adopt or maintain any measure regarding subsidies. Source of Measure : -
3.
Sector : All sectors Level of Government : National Administration and Sub-National Administration Type of Obligation : Most-Favoured-Nation Treatment (Article 10.4) Description of Measure : Cambodia reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement or arrangement in force or signed prior to the date of entry into force of this Agreement. Cambodia reserves the right to adopt or maintain any measure that accords differential treatment to Member States of ASEAN under any ASEAN agreement open to participation by any Member States of ASEAN in force or signed after the date of entry into force of this Agreement. Cambodia reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement or arrangement in force or signed after the date of entry into force of this Agreement. Source of Measure : Cambodia Industrial Development Policy 2015-2025 dated 6 March 2015 Rectangular Strategy, Phase IV, of the Royal Government of Cambodia National Strategic Development Plan (2019-2023)
4.
Sector : Agro-industries, Supporting industries, Handicraft Level of Government : National Administration and Sub-National Administration Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : Cambodia reserves the right to adopt or maintain any measure relating to agro-industries, supporting industries for the agriculture, tourism, and textile sector, cultural, historical, or traditional handicraft and incidental services to all the said sectors or industries. Source of Measure : Cambodia Industrial Development Policy 2015-2025 dated 6 March 2015 Rectangular Strategy, Phase IV, of the Royal Government of Cambodia National Strategic Development Plan (2019-2023)
5.
Sector : All sectors Level of Government : National Administration and Sub-National Administration Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Senior Management and Board of Directors (Article 10.7) Description of Measure : Cambodia reserves the right to adopt or maintain any measure relating to national defence, public order and security. Source of Measure : -
6.
Sector : All sectors Level of Government : Sub-National Administration Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Description of Measure : Cambodia reserves the right to adopt or maintain any measure already or will be adopted, or maintained by Sub-National Administration or Authorities affecting investor or investment. Source of Measure : -