sub decree on forest products allow to imp-exp Cambodia | 12/09/2012

 
GOVERNMENT OF CAMBODIA                      * 

      N0  131 GnRk>bk

SUB-DECREE
ON FOREST and NON TIMBER FOREST PRODUCTS
ALLOW FOR EXPORT AND IMPORT
*********
ROYAL GOVERNMENT OF CAMBODIA

Have seen     the Constitution of the Royal Government of Cambodia (RGC);
Have seen     the Royal Decree ns/rkt/0704/124 dated 15th July 2004 on the establishment of the RGC;
Have seen     the Royal Code (Preah Reach Kram) 02/ns /94 dated 20th July 1994 on the promulgation of the law on arrangement and implementation of the Council of Minister;
Have seen     the Royal Code ns/rkm/0196/13 dated 24th January 1996 on the promulgation of the law on the establishment of the Ministry of Agriculture Forestry and Fisheries;
Have seen     the Royal Code ns/rkm/0802/016 dated 31st August 2002 on the promulgation of the Law on Forestry;
Have seen     the Decree (Kret) 57 Rk dated 26th July 1989 on the promulgation of the Law on Import and Export Tax;
Have seen     the Sub-Decree 17 GnRk>bk dated 07th April 2000 on the arrangement and implementation of the Ministry of Agriculture Forestry and Fisheries;
Have seen     the Sub-Decree 64 GnRk>bk dated 11th September 2003 on the change of name of the Department of Forestry to Forestry Administration;
Receiving     the adoption from the plenary session of the Council of Minister on 20th October 2006;

Hereby decided as follows

Article 1    The objective of the Sub-decree is to identify Forest and Non-Timber Forest Products         allowed to export and import.

Article 2    The following products are allowed to export:
A-    Allow to export all kinds of processed and non-processed timber products deriving from man-made forest. Timber products from rubber plantation are under different jurisdiction.
B-    Allow to export forest and non-timber forest products deriving from legal sources of natural forest as follows:

1-    Furniture, parts of furniture, and parts of bookshelf;
2-    Wood-carving products, wood toys, decorated wood products, souvenir products, all kinds office equipment made of wood and non-wood forest products, and other similar products;
3-    Parquet and flooring board;
4-    Assembled or not yet assembled wood crate and pallet board;
5-    Moulded and sanded wood, door and window frame, finger jointed board, wood for tool handle;
6-    Wood glue together to become board;
7-    Particle board under high pressure and plywood;
8-    Wood veneer, rotary or slice into piece;
9-    Cross-cutting wood, 15cm. maximum thickness, with or without bark;
10-    S2S or S4S (smoothed 2 sides or smoothed 4 sides) with export quality;
11-    Wood chip, wood pulp;
12-    Wood match, tooth-pick, chop sticks;
13-    Railway sleeper (except luxury wood);
14-    Square wood with a maximum width/thickness of 25cm. which have been seasoned naturally (sun dry) or technically in dry kiln;
15-    Painting frame, photo frame, glass frame, art carving board and its holder, and other similar products;
16-    Timber or non-timber forest products processed following traditional style:
a.    Art or traditional spirit products such as racing boat, rowing boat, ox-cart, buffalo cart, horse cart, roofless howdah
b.    Daily used instrument such as bow, mortar, pestle, carrying frame, woven baskets, luggage, fish traps, animal cages, box for keeping metal material, cigarette or other edible fruit or leaf cases, wedding cases, woven products, walking stick, round stick, square stick
c.    Equipment and other tool used in agriculture such as plow, rake, mattock handle, cleaver or knife handle, axe handle, hitching post, wedge, basket for carrying soil
d.    Equipment and fishing tools such as fish traps, posts, oar, paddle
e.    Music instrument such as drum, Khmer guitar, xylophone, Khmer violin, zither
f.    Other similar products;           
17-    Bamboo plywood, assembled bamboo sticks or boards, rattan, vine, and other similar products;
18-    All kinds of wood resin/latex and wild mushroom;
19-    Oil extracted from timber and non-timber forest products;
20-    Products from medicinal plants, poisonous plants, sweet smell plants, bio-chemical and substance for tannery plants;
21-    Flowers, leaves, fruits of wild plants;
22-    Products processed from all kinds of non-timber forest product;
23-    Wildlife product, processed or not processed and wildlife specimens from the group of common wildlife species.  

Article 3    The following products are not allowed to export:

1-    Logs whether debarked or not;
2-    Crude or rough sawn timber;
3-    Squared logs with a thickness or width of more than 25cm, even when smoothed;
4-    Oil extracted from MOREAH PROEUV (Dyxosilum Lorreiri), yellow vine, and yellow vine powder;
5-    Firewood and charcoal from natural forests.

Article 4    The following products are allowed to import:

        A.    Round or squared logs, sawn timber, and other forest and non-timber forest             products;
        B.    Processed timber or non-timber forest products.

Article 5    Forest and non-timber forest products allowed to export or import are subjected to pay taxes in accordance with existing laws.

Article 6    As mentioned in article 2, paragraph B, point number 16 of this Sub-decree:
A.    Export of processed timber or non-timber forest products following traditional style at family or tourist scales are allowed without requirement of export license, and transportation permit issued by Head of Forestry Administration;
B.    Export of processed timber or non-timber forest products following traditional style by client or third party for commercial purpose are allowed without Export License requirement. However, transportation permit issue by Head of Forestry Administration will be required.

Article 7    Except products stipulated in article 2, paragraph B, point number 16 of this Sub-decree, export of timber and non-timber forest products as stipulated in article 2 require export license issue by Ministry of Commerce and visa by the Head of Forestry Administration. Extension of export license validity will be issued by Ministry of Commerce.
 
Article 8    The import of processed and non-processed timber and non-timber forest products as stipulated in article 4 of this sub-decree for raw material of local industry production require import license issue by the Ministry of Commerce with visa issue by the Head of Forestry Administration and require transportation permit issue by the Head of Forestry Administration.

Article 9    Strictly ban the import of all kinds of epidemic plants, wildlife, and other flora or fauna which impact local sources of genetic.

Article 10    The Royal Government may allow the export or import of other forest and non-timber         forest products when necessary according to regional, international, or national socio-        economic demand.

Article 11    Forest and non-timber forest products will be allowed to export or import only through         government official ports.

Article 12    Any regulation that is contrast to this Sub-decree is nullified.  

Article 13    Minister in charge of Council of Ministers, Minister of Agriculture Forestry and Fisheries, Minister of Economy and Finance, Minister of Commerce, Minister of Environment, Minister of Health, Ministers, State Secretaries, of all relevant ministries, must implement this Sub-decree in accordance with their respective duties from this date of signature onward.

                    Capital city of Phnom Penh, 28th November 2006
                            Prime Minister
                            Singed and Sealed
                            HUN SEN     
Receivers:     - Ministry of the Royal Palace
        - General Secretariat of the Constitutional Council
        - General Secretariat of the Senate
        - General Secretariat of the National Assembly
        - General Secretary of the Royal Government
        - Cabinet of the Prime Minister
        - Cabinet of H.E. Deputy Prime Minister
        - Provincial Cities and Municipalities
        - Chamber of Commerce
        - Same as article 13  
         - Chronological files