Untitled Document


Company Registration
In Cambodia


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Policies Towards Foreign Direct Investment

1. GOVERNMENT ATTITUDES

As one of the poorest countries in the region, international assistance remains a vital component in overcoming the challenges faced in Cambodia's development. Nonetheless, private sector investment will become increasingly important for the country as the private sector assumes its position as the main engine for economic growth in Cambodia. To this end, the Royal Government of Cambodia sees private sector investment as integral to the development of a fully democratic and prosperous Cambodia in the years ahead.

The government is fully aware that if the country is to achieve its developmental goals, it cannot rely on foreign aid and assistance indefinitely, and that real economic growth and development lie in the private sector. Consequently, a programme of reform is now being undertaken by the government in order to create a conducive environment for private sector investment. In 1994, the Law on Investment of the Kingdom of Cambodia was passed with the aim of streamlining the foreign investment regime and providing generous and competitive concessions for direct private sector investment. The Law on Investment also created the Council for the Development of Cambodia (CDC), a one-stop service Organisation for investment in Cambodia. The CDC, through the executive arm of the Cambodian Investment Board (CIB), is now responsible for the processing of applications for investment projects and is required to give a decision within 45 days of submission. As such, the government is fully committed to the speeding-up of new investment-project approvals by making the CDC a truly effective and well-disposed one-stop service.

2. SUMMARY OF FOREIGN INVESTMENT POLICY

In o ered its institutions and liberalised the relevant regulations, in ways that are conducive to private sector investment and business activities in Cambodia. The 1994 Law on Investment provides similar treatment to foreign and domestic investors alike, with the exception of the issue of land ownership, as set forth in Cambodia's constitution. Even in this area, the regulations are generous, with foreign investors able to lease land for a period of up to 70 years, with the possibility of renewal thereafter.

The government provides investors with a guarantee neither to nationalise foreign-owned assets, nor to establish price controls on goods produced and services rendered by investors, and to grant them the right to freely repatriate capital, interest and other financial obligations.

Investors can set up 100% foreign-owned investment projects and employ skilled workers from overseas, in cases where these workers cannot be found in the domestic labour force.

In addition, the Law on Investment and its related Sub-Decree grant generous incentives to investors, especially those concerned in investment projects geared towards exports.

Attention is also accorded to private investment in Build-Operate-Transfer (BOT) projects, and private investment in infrastructure, including public utilities such as electricity, water supply and telecommunications.

In order to facilitate investors in their applications for investment approval, the government has established an institution to oversee investment policy and strategy called the Council for the Development of Cambodia (CDC) . The CDC, being the highest decision-making level of the government on private (CIB) and public (CRDB) investments, is chaired by the prime minister and composed of senior ministers from related government ministries.

The Cambodian Investment Board (CIB), the operational arm of the CDC, has been designated as the etat major and one-stop service of the government, responsible for the evaluation of investment proposals and projects from all investors, both individual and corporate.

Cambodia has obtained "Generalized System of Preferences (GSP)" and "Most Favored Nation (MFN)" status from its major trading partners, including the European Union, the USA, Japan, Canada and Australia.

Apart from facilitation and support at the national level, attention is also being given by the government to opening up access to international sources of finance for private sector investment. Cambodia is already a member of the IFC and MIGA, and is currently applying for membership to the ICSID (International Center for Settlement of Investment Disputes). It has also signed agreements with the ADB, providing private sector investors with the opportunity to obtain funding for their investment projects from this international financing institution.

NATIONAL TREATMENT

1. SECTORS SUBJECT TO EXCEPTIONS TO NATIONAL TREATMENT

The following sectors are subject to local equity participation:

Gemstones, clay bricks both hollow and solid, tiles, rice milling, wood and stone carving, and silk-wear.

2. LIMITATIONS ON FOREIGN FIRMS' ACCESS TO FINANCING

There is no limitation on foreign firms' access to sources of finance on the basis of their nationality.

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