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DTIS 2007 – Executive Summary Cambodia 2007 Trade Integration Strategy: D T I S 2007 CAMBODIA’S 2007 Trade Integration Strategy EXECUTIVE SUMMARY AND ACTION MATRIX EXECUTIVE SUMMARY AND ACTION MATRIX EXECUTIVE SUMMARY AND ACTION MATRIX Prepared under the Trade Related Assistance for Development and Equity (TRADE) Project of Cambodia’s Ministry of Commerce and United Nations Development Programme (UNDP) Cambodia Phnom Penh, December 2007 Prepared under the Trade Related Assistance for Development and Equity (TRADE) Project of Cambodia’s Ministry of Commerce and United Nations Development Programme (UNDP) Cambodia Phnom Penh, December 2007 Prepared under the Trade Related Assistance for Development and Equity (TRADE) Project of Cambodia’s Ministry of Commerce and United Nations Development Programme (UNDP) Cambodia Phnom Penh, December 2007

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DTIS 2007 – Executive Summary �

Cambodia 2007Trade Integration Strategy:

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CAMBODIA’S 2007Trade I ntegrat ion Strategy

E X E C U T I V E S U M M A R Y A N D A C T I O N M A T R I XE X E C U T I V E S U M M A R Y A N D A C T I O N M A T R I XE X E C U T I V E S U M M A R Y A N D A C T I O N M A T R I X

Prepared under theTrade Related Assistance for Development and Equity (TRADE) Project of

Cambodia’s Ministry of Commerce and United Nations Development Programme (UNDP) Cambodia

Phnom Penh, December 2007

Prepared under theTrade Related Assistance for Development and Equity (TRADE) Project of

Cambodia’s Ministry of Commerce and United Nations Development Programme (UNDP) Cambodia

Phnom Penh, December 2007

Prepared under theTrade Related Assistance for Development and Equity (TRADE) Project of

Cambodia’s Ministry of Commerce and United Nations Development Programme (UNDP) Cambodia

Phnom Penh, December 2007

DTIS 2007 – Executive Summary �

Contributors(In alphabetical order)

Rory Allan, UNCTAD, Division on Investment, Technology and Enterprise Development

Peter Bolster, GTZ, Private Sector Promotion

Dermot Cassidy, Accord Associates and UNCTAD Consultant

Dao Cambodochine, CLRDC and ITC Consultant

Ea Ricky, CLRDC and ITC Consultant

Gerald Epstein, PERI, University of Massachusetts, Amherst

Michael Freudenberg, ITC, Market Analysis Section

James Heinz, PERI, University of Massachusetts, Amherst

Hong Setha, Emerging Markets Consulting

Takako Ikezuki, ITC Consultant

Iv Phirun, CLRDC and ITC Consultant

Arjun Jayadev, PERI, University of Massachusetts, Amherst

Kith Pheara, MoC, IF Core Group

Roger Lawrence, UNDP Consultant

Andreas Lendle, ITC, Market Analysis Section

Riad Meddeb, UNCTAD, Division on Investment, Technology and Enterprise Development

Noun Phanit, MoC, IF Core Group

Stephane Passeri, EC, ECAP-II Programme

Thierry Paulmier, ITC, Market Analysis Section

Arslan Razmi, PERI, University of Massachusetts, Amherst

Enrique Sierra, UNCTAD Consultant

Tan Yuvaroath, MoC, IF Core Group

Albert Zeufack, World Bank

Thierry Noyelle, UNDP Consultant and Team Leader

Special thanks to H.E. Cham Prasidh, Senior Minister and Minister of Commerce; H.E. Pan Sorasak, Secretary of State, Ministry of Commerce; H.E. Mao Thora, Under-Secretary of State, Ministry of Commerce; Ms. Anne-Isabelle Degryse-Blateau, UNDP Deputy Resident Representative and Programme Director, UNDP Cambodia; Mr. Hin Wisal, Programme Analyst, UNDP Cambodia; Dr. Mumtaz Keklik, Trade Advisor, UNDP Cambodia; and Mr. You Mab, Project Manager, TRADE Project, for their support to the work of the team.

In addition to the United Nations Development Programme (UNDP), the International Trade Centre (ITC), United Nations Conference on Trade and Development (UNCTAD), European Commission, World Bank, Deutsche Gesellschaft für Technische Zusammenarbeit - German Technical Cooperation (GTZ), and the EC-ECAP II Programme contributed direct human or financial resources to the project. The study also benefited from detailed comments provided on an earlier draft by the World Trade Organization (WTO), the International Finance Corporation (IFC), and the International Monetary Fund (IMF) in addition to those organizations already named

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In 2000, Cambodia was designated as one of three pilot countries under the Integrated Framework (IF). Subsequently, Cambodia was the first country to complete a Trade Integration Strategy also known as Diagnostic Trade Integration Study or DTIS (Cambodia’s DTIS 2002) under the IF.1

The IF is a program of six multilateral agencies – the International Monetary Fund (IMF), International Trade Centre (ITC), United Nations Conference on Trade and Development (UNCTAD), United Nations Development Programme (UNDP), World Bank, and World Trade Organization (WTO) – supported by a number of multilateral and bilateral development partners. The IF assists Least Developed Countries (LDCs) to integrate more effectively into global trade and turn trade into a driver of national development. The IF is the product of a commitment made by development partners under WTO agreements.

Cambodia’s DTIS 2002 predates the country’s accession to the WTO in 2004. As part of its accession, Cambodia has committed itself to a significant program of regulatory and legal reforms in trade governance that will have a significant impact on its competitiveness in the global economy. In addition, with the support of development partners, Cambodia has taken steps since 2002 to implement a number of actions identified in its first DTIS, notably in the areas of trade facilitation, Intellectual Property Rights (IPRs), Sanitary and Phyto-Sanitary Measures (SPS), and Technical Barriers to Trade (TBTs), as well as in some product sectors. Its performance in the trade sector has changed as a result. In view of such changes, Cambodia’s Government determined that the time had come to update its earlier strategy.

In 2005, with the support of UNDP, the Ministry of Commerce (MoC) launched a new MoC-UNDP TRADE Project, a follow-up to an earlier programme. TRADE II focuses on strengthening MoC’s capacity to manage trade reform and Cambodia’s trade integration in the world economy. The programme is built around five major modules, including one focusing on updating DTIS 2002 and another on developing a Human Impact Development Assessment of Trade (HDIA) intended to sharpen Cambodia’s ability to turn trade development into an instrument of poverty reduction and sustainable human development.

Meanwhile, other developments have helped build momentum around Cambodia’s focus on trade. With initial support from the European Commission, MoC has taken steps to put into place a Trade Sector Wide Approach (Trade SWAp). Trade SWAp will be a key instrument for the successful implementation of Cambodia’s trade sector strategy and the priorities identified by the Government as a result of the updated DTIS. A more effective use of limited human, institutional, and financial resources demands a shift from the project-by-project approach that characterized DTIS 2002, to a coordinated programme approach as advocated under Trade SWAp.

Finally, further to commitments made at the launch of the Doha Round (reinforced during the Hong Kong WTO Ministerial Conference) and as a follow-up to the debate on Aid-for-Trade launched during the Spring 2005 G8 Meeting, development partners have agreed to launch an Enhanced Integrated Framework (EIF) with new and expanded financial resources. The EIF places renewed emphasis on national capacity building for management of trade reform and trade sector development. It also points to the need for updating the DTIS and turning it into a true trade sector strategy. Many of the steps required under the EIF were anticipated under the MoC-UNDP Trade II programme and have already been taken up by the Ministry of Commerce.2 Cambodia is well positioned to receive early support from the EIF.

1 Cambodia: Integration and Competitiveness Study, Ministry of Commerce, 20022 WTO, Enhanced Integrated Framework for LDCs, Compendium of Working Documents, Geneva: May 1, 2007

DTIS 2007 – Executive Summary2

BackgroundD

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Main Focus and Underlying Principles

Work on Cambodia’s 2007 Trade Integration Strategy – DTIS 2007 – was launched in mid-2006 by the Ministry of Commerce and UNDP in close consultation with other development partners supportive of Cambodia’s efforts in trade development.

DTIS 2007 has four main objectives:

1. Identify a set of possible priority product or service sectors to serve as a basis for strengthening and diversifying Cambodia’s export basket. Strengthening exports may involve expanding sales into new import markets or capturing greater value added through more advanced processing; diversifying exports will require expanding existing, but smaller exports, or developing products or services not currently produced or exported;

2. Identify bottlenecks, either common to all priority sectors or specific to each, that need to be removed to promote development of those export sectors;

3. Link more clearly trade sector development with human development and poverty reduction (main streaming);

4. Serve as a basis for formulating clear trade sector development priorities shared by the Cambodian government, its development partners, and other concerned stakeholders to be implemented by all through a trade sector-wide approach (Trade SWAp).

With respect to the fourth objective, DTIS 2007 is not an end in itself but part of a larger process. In particular:

DTIS 2007 must be supported by much stronger structures and mechanisms for the formulation and implementation of trade policy and trade development strategy within the Royal Government of Cambodia (RGC). Implementation of DTIS 2007 has to go hand-in-hand with a clear emphasis on strengthening national capacity for management of trade reform and trade sector development;

Implementation of DTIS 2007 will require the development of a series of tools that can assist the Government and its development partners in managing and monitoring results and effectiveness;

Effective implementation of DTIS 2007 will require stronger funding coordination between the Government and its development partners, including more effective use of the PIP process and the Trade SWAp.

DTIS 2007 – Executive Summary

Cambodia 2007Trade Integration Strategy:

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DTIS 2007 – Executive Summary�

Comparing19 Export Potentials

To develop a more strategic view of Cambodia’s trade sector development, DTIS 2007 identifies an initial basket of 19 export potentials and examines them through a series of “filters” (Chapter 2). The 19 sectors are listed in Table 1 and their statistical analysis summarized in Table 2. The “filters”

are meant to identify export potentials that may “mature” more quickly or that Cambodia may seek to encourage more rapidly based on their current competitiveness strengths and weaknesses, their market access conditions, or their poverty reduction impact.

Table 1: 19 Product and Service Export Potentials

List

1: C

urre

ntly

-Exp

orte

d Pr

oduc

ts

Beer

Cashew nuts

Cassava

Corn

Fishery

Footwear

Garment

Livestock

Rice, including organic rice

Rubber

Silk, including silk handicraft

Soybeans

List

2: S

ervi

ces

and

Non

-Exp

orte

d Pr

oduc

ts

Fruits and vegetables, including organic produce, mango, palm and soap products, and pepper.

Wood products, including sustainable construction materials such as bamboo flooring, paneling, etc.

Light manufacturing assembly, which might include bicycle and mopeds, light, electrical/ electronics (e.g. fans, TVs), sewing machines, etc.

Tourism, including personal and business travel, and entertainment.

Labour services, including construction services, household help, and farming.

Transport and transport-related services

Business processes/web-based services, which might include computer services, architecture, engineering, bookkeeping, accounting, etc.

To assess export development opportunities for each product or service sector, four indexes have been developed: Index 1 measures current export performance of Cambodia in the given product or service sector based on export value in 2005; Index 2 measures current demand conditions in world markets using a composite indicator including growth of international demand and Cambodia’s access to international markets based on tariffs; Index 3 measures domestic supply capacity. The index is based on the results of a survey of over 150 Cambodian firms that were questioned about supply issues such as the quality of products, productivity, costs of production, and the efficiency of supporting industries;

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DTIS 2007 – Executive Summary �

Index 4 measures the potential human development impact of each product or service sector on the Cambodian economy. The index is based on a rough estimate of 2005-2006 employment combined with other dimensions including employment creation, income generation, employment of women, poverty reduction, rural development, environmental sustainability, and the impact and extent of forward and backward linkages. Those dimensions were developed through interviews with companies, discussions with experts, and a literature review.

The first three indexes are combined into a single “Export Potential” index.

Table 2: Assessment of Export Development Opportunities for 19 Products and Services

Export potential Human development

Estimated exports in 2005($ 1,000)

1. Export performance

2. World markets

3. Domestic supply conditions

Export potential assessment (average 3 indices)

Estimated employment

4. Human development assessment

List 1:Garments 2,610,766 H (5.0) H (3.5) H (3.8) High (4.1) 360,000 High

Footwear 156,513 H (4.1) M (3.1) H (3.5) High (3.6) 4,500 Medium

Cassava 13,000 L (1.2) H (5.0) H (3.5) High (3.5) 4,000 Low

Rubber 9,095 L (1.2) H (3.9) H (4.5) High (3.2) 40,000 Medium

Fishery 100,000 M (3.0) M (2.7) H (3.5) Medium (3.1) 260,000 Medium-High

Rice 200,000 H (5.0) L (1.2) M (3.0) Medium (3.1) 2,940,000 Medium-High

Soybeans 34,000 L (1.7) H (3.4) M (3.0) Medium (2.7) 16,500 Low-Medium

Cashew nuts 50,000 L (2.0) M (2.7) M (3.0) Low (2.6) 12,000 Medium

Silk 4,000 L (1.1) M (2.7) L (2.3) Low (2.0) 20,500 Medium-High

Livestock 19,000 L (1.4) M (3.1) L (1.3) Low (1.9) 400,000 Medium

Corn 25,000 L (1.5) L (1.2) L (2.5) Low (1.7) 12,500 Low-Medium

Beer 975 L (1.0) M (2.8) L (1.0) Low (1.6) 3,000 Low

List 2:Fruits and vegetables 269 L (1.0) H (3.2) Medium Medium .. Medium-High

Wood products 5,547 L (1.1) M (2.9) Medium Medium .. Medium

Light manufacturing 3,336 L (1.1) H (3.3) Medium Medium .. Medium

Tourism .. High High Medium High .. High

Labour services .. Medium High Medium Medium .. Medium

Web-based services .. Low High Low Low .. Low

Transport services .. Low Medium Low Low .. Low

Note: Indexes range from 1 (lowest ranking) to 5 (highest ranking). Product sectors rank “high” with an index of more than 3.1, medium with an index between 2.7 and 3.1, or low with an index of less than 2.7. “n.a.” = not applicable. The composite indexes for livestock and beer do not take into account domestic supply conditions and socio-economic impact due to lack of comparable data. They are not directly comparable with other products in List 1.

Source: ComTrade, TradeMap, Market Access Map, IMF Balance of Payments, field survey of Cambodian producers, literature review. ITC Methodology.

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Table 3 compares the 19 products and services along the two dimensions of export potential and human development potential

Table 3: 19 Sectors Positioning According to their Export Potential and Human Development Impact

Human development impact

Export potential

Low Medium High

High Garments Tourism

Medium-High Silk Fishery Rice Fruits and vegetables

Medium Livestock Cashew nuts

Wood products Light manufacturingLabour services

Footwear Rubber

Low-Medium Corn Soybeans

LowBeer Web-based servicesTransport services

Cassava

Source: Table 2

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A main lesson from table 3 is that most product and service sectors identified in DTIS 2007 are attractive sectors for export development in Cambodia today, either because of their positive impact on human development, their strong potential for expansion, or both. The possible exceptions are the four product and service sectors in the shaded lower left-hand corner (corn, beer, transport services and web-based services).

DTIS 2007 – Executive Summary�

DTIS 2007 – Executive Summary 7

Attractive Marketsfor Cambodia’s Export Potentials and Market Access Conditions

DTIS 2007 develops an Attractive Market Index for each product line in each of the 19 sectors and for each import market as a means to rank and identify where the most attractive new markets for expanded Cambodian exports might be found (Chapter 3). The Attractive Market Index combines:

A measure of the strength of demand in the importing market (measured by the difference in the growth of that import in the given market and the growth of world imports for the same product);

The size of import markets, as measured by their share in world imports of a given product;

The openness of import markets for products from Cambodia, as measured by the ad valorem equivalent tariffs they apply to imports from Cambodia for a given product;

The preferential access to import markets (measured by the tariff differential between tariffs faced by Cambodia and those faced by its five major competitors in each import market).

Findings from the Attractive Market Analysis include:

Cambodia’s current main export destinations include the United States (currently dominant due to the garment sector), Germany, the United Kingdom, France, Canada, Japan, Singapore, South Korea (leading country for tourism), China (PRC), Thailand and Viet Nam. Viet Nam and Thailand are either not represented or vastly underrepresented in many official statistics due to extensive informal trade but are clearly large importers of Cambodian goods;

European Union countries are among the most attractive new or expanded markets, with the United Kingdom in the lead for many of the 19 export potentials, followed by France, Italy, Spain and Germany. Japan and Hong Kong also offer large numbers of promising new or expanded markets for most of the 19 sectors. Other interesting potential markets include: Singapore, Thailand, Indonesia, Malaysia and Viet Nam in Southeast Asia; China PRC, Taiwan (PoC), and South Korea in East Asia; Saudi Arabia and the United Arab Emirates in the Gulf countries; as well as Canada, Australia, Turkey, and Kazakhstan;

Aside from the potential new or expanded export markets listed above, the analysis also suggests interesting opportunities for exports to a number of ex-Soviet Republics, the Russian Federation, as well as some African and Arab countries

Perhaps, the most interesting finding from the Attractive Market Analysis is that for a great majority of the 19 product and service sectors (and individual product lines within each sector), Cambodian exporters hold limited to no tariff advantage over their main competitors in the top five attractive markets. This is so either because their main competitors come from other LDCs and benefit from similar tariff preferences and/or because tariffs applied by importing countries are very low for everyone.

This finding is highlighted in Table 4 below.

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DTIS 2007 – Executive Summary�

Table 4: Percentage Distribution of Cambodia’s Export Potentials by Product Line-Import Market Combinations for “All Markets” and for “Top 5 Attractive Markets Only” Showing Tariff Advantage or Disadvantage Enjoyed by Cambodian Exporters

Garment Sector

List � Non-Garment Sectors

List 2 Sectors

Import Markets All Top 5 All Top 5 All Top 5

Tariff advantage for Cambodian Exporters (D>=5%) 20% 72% 8% 24% 2.5% 7.9%

Neither advantage nor disadvantage(-5%<D<5%) 73% 28% 84% 76% 89.1% 92.1%

Tariff disadvantage for Cambodian Exporters (D<=-5%) 7% 0% 8% 0% 8.4% 0%

Number of Product Line-Import Market Combinations 17513 738 5109 215 17652 629

In sum, the Attractive Market Analysis presented in DTIS 2007 suggests that the ability of Cambodian exporters to compete on the basis of tariff preferences in the 19 sectors is increasingly limited. Where it still exists (garments for the most part) it may be shrinking rapidly. The implication of the disappearance of tariff-based competitive advantages is that there is growing pressure on current or potential Cambodian exporters to compete on a different basis, including by developing cost advantages through improved production practices at home, and through strengthening their ability to meet non-tariff requirements of importing countries.

And here seems to lie the main challenges for Cambodia’s next phase in the development of its export sector: the need for its exporters to compete in import markets increasingly through improved product quality, productivity gains, and reduced transaction costs so as to lower their costs; through expanded processing to capture a greater share of value added; and through their improved ability to meet international standards. In many regards, the very large amount of current informal exports to both Thailand and Viet Nam crystallizes the very nature of this challenge, as it points to the current weak capacity of many Cambodian exporters in many sectors and markets to meet international competition head-on.

In 75 percent or more of the cases, Cambodian exports enjoy no tariff advantage in either “All” Import Markets or in their “Top Five” Attractive Markets. Only in the case of garment product lines in Top 5 Attractive Markets do Cambodian exporters enjoy a significant tariff advantage (in 72 percent of the cases, mostly for product line exports to Cambodia’s main current export markets – the US and several EU countries).

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D: Difference between the (weighted) tariff applied the top five competitors in each market and the tariff applied to Cambodia.No significant advantage/disadvantage in three-quarter or more of the cases highlighted in blue

DTIS 2007 – Executive Summary �

In-Depth Analyses of 19 Export Potentials

Chapter 4 of DTIS 2007 takes an in-depth look at competitiveness conditions in the 19 export potentials and seeks to identify constraints to their development that are either specific to the sector or shared across sectors.

The results are summarized in the 19 SWOT sector tables presented as Table AM-2 in the Action Matrix of the DTIS 2007 (see Appendix: Action Matrix). It is understood that those 19 SWOTs are starting points rather than end points for the formulation of sector-specific interventions. The agreed view is that further work beyond DTIS 2007, typically along a Value-Chain approach, will likely be required to lay down the proper foundations for project-based interventions in individual product sectors, especially those where little analytical work has been done thus far.

In general, the 19 detailed product and service sector analyses point to a number of shared challenges for Cambodian export potentials. They include:

Insufficient cost competitiveness and low productivity. In most sectors, Cambodia’s exports are hindered by high production costs and low productivity. Producers are confronted with inadequate and often expensive supporting domestic infrastructure (energy, roads and telecommunications) and high transaction costs, especially transportation and trade facilitation. Cambodia suffers from high shipping costs. Despite increasing competition among transportation companies, the costs of intra-regional transportation are still higher than those for international transportation. Supporting infrastructure such as storage and refrigeration, is insufficient for many agricultural commodities. Cambodia’s telecommunications infrastructure is weak and costly;

Limited value addition in many sectors due to strong import dependency for raw materials and intermediate inputs. In addition, many sectors suffer from limited processing capacity, and accordingly, limited ability to add value and diversify products. Products often are exported in crude or semi-processed form only, which limits the possibility to add value and diversify products. In various sectors, much of raw materials and intermediate inputs have to be imported, which drives up overall production costs;

Low quality and little-differentiated products, limited access to technology, and low design and R&D capacity. Low quality and limited differentiation of products is not only linked to weak production technology, but also to limited know-how in design and marketing. Processing and harvesting technologies used in a number of sectors are outdated, partly because of insufficient financial resources at the enterprise level. In many sectors, enterprises have difficulty meeting exacting quality standards (non-tariff barriers) of various foreign markets;

Limited knowledge of foreign markets and international trade issues. Many Cambodian firms have only limited knowledge of foreign markets and international trade issues and need intermediaries in a number of sectors. Sales management remains reactive, with enterprises often passively waiting for clients rather than actively exploring new opportunities;

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DTIS 2007 – Executive Summary�0

Limited ability to meet the requirements of foreign buyers. A main concern is the difficulty of Cambodian producers in meeting the time delivery requirements and the large quantities requested by foreign buyers due to small-scale production resulting from the small size of the domestic market. In many sectors, insufficient production capacity is mentioned by those interviewed as one of the major obstacles to export growth, mainly due to a lack of capital;

Limited entrepreneurship;

A legal and institutional framework for business export development that remains underdeveloped. There is evidence that Cambodian entrepreneurs lack basic skills for export business and a genuine entrepreneurship mentality.

Because of the diversity of the sectors analyzed, the 19 detailed sector analyses do not lend themselves to an easy overall summary of main issues, except perhaps in pointing to shared cross-cutting areas where improvements would clearly benefit a wide range of sectors including trade facilitation, investment facilitation, SPS capacity, TBT capacity and Intellectual Property Rights capacity (see below). In other respects, most of the 19 export potentials also confront sector-specific issues, including skill development of producers, strengthening of supply chains, strengthening of processing capacity, access to quality inputs, organization of producers and many others.

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DTIS 2007 – Executive Summary ��

MainstreamingExports in Cambodia’s Development:Human Development Issues in Five Sectors

DTIS 2007 lists as one of its objectives the need to link more clearly trade sector development with human development and poverty reduction in Cambodia (mainstreaming). The mainstreaming of trade into a national objective of poverty reduction is an issue much talked about since

the late 1990s, and one that calls for much improved research and conceptualization that can then be translated into better policies and strategic decisions.

As noted previously, MoC and UNDP have launched a Human Development Impact Assessment of Trade research effort in parallel to the DTIS 2007, which overtime is expected to produce stronger analyses of the linkages between trade development and poverty reduction in Cambodia.

Chapter 5 of DTIS 2007 provides a very preliminary look at how human development issues might be looked at in the context of trade development, by examining five of the 19 product sectors: rice, fisheries, soybean, corn, and garment. Clearly, the five vignettes are only a start and far more detailed work will be required to pull out the policy implications of linking the two issues.

Two detailed studies are being finalized under HDIA that will amplify some of those early findings: (1) a study of the Garment sector and (2) a study of the fiscal implications of trade liberalization for public resources and investment. More studies are planned for the future.

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DTIS 2007 – Executive Summary�2

Strengtheningthe Legal and Institutional Environment for

Competitiveness of Export Potentials

Strengthening the ability of a growing number of product and service sectors to develop a competitive export capacity will require, as noted earlier, interventions both at the product or service sector level and in areas of legal and institutional support that cut across most sectors.

Chapter 6 of DTIS 2007 focuses on five such cross cutting areas

Trade Facilitation Investment Facilitation Technical Barrier to Trade Sanitary and Phyto-Sanitary Measures Intellectual Property Rights

Each of these five main areas are looked at particularly from the perspective of identifying improvements that might have the most direct impact on the 19 export potentials. In turn, the “Work Programme of the Royal Government of Cambodia resulting from Cambodia’s Accession to the World Trade Organization” is looked at in Chapter 6 from the perspective of which areas of legal and institutional reform agreed to under the WTO accession might have a more immediate positive impact on resolving some of the bottlenecks identified in the five cross-cutting areas.

Trade Facilitation

Improvements in Trade Facilitation remain critical to the competitiveness of a broad range of export sectors. A recent reform programme of the Government and World Bank has helped reduce certain transaction costs, though they remain high compared to competitor countries. Areas for further action include: (1) implementation of the Risk-Management Strategy approved under sub-decree 21; (2) successful automation of CED under the ASYCUDA programme; (3) introduction of a WTO-compatible flat fee for service; and (4) design and implementation of a Single-Window process at a more aggressive pace than the one currently proposed under the ASEAN 2012 schedule. Investment Facilitation

Improvements in Investment Facilitation focus on two main areas: (1) the deepening of legal reform for investment; and (2) accelerating the development of Special Economic Zones (SEZs).

The Achilles heel of the investment framework today remains the lack of a predictable and transparent set of rules that are enforced in a speedy, fair, and efficient manner by the appropriate government institutions. In most respects, the thrust of Cambodia’s investment framework currently in development ompares favorably with the best anywhere. However, there remains significant work in the coming years to turn legal proposals and drafts into approved laws and fill in the regulatory details through sub-decrees and administrative instructions, as well as develop the institutional capacity to implement such laws and regulations.

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DTIS 2007 – Executive Summary ��

Special Economic Zones (SEZs) are intended to provide a quick fix to some of these problems in the form of higher standards of regulatory administration and better infrastructure than currently available. Well developed, effective SEZs can be a key to attracting investment in a number of the export potential product sectors identified in DTIS 2007, including light manufacturing assembly and agri-processing. Accordingly, deepening the successful implementation of a number of Special Economic Zones should rank high on the list of Cambodia’s priorities.

Technical Barriers to Trade

Cambodia’s current draft Law on Standards does not comply with many of the provisions of the WTO Agreement on Technical Barriers to Trade, and for that matter, might create undue new barriers to Cambodian exporters. The draft law should be pulled out of the National Assembly, where it stands currently, and should be revisited and amended extensively so that it is made WTO-compliant and meets the needs of Cambodian producers.

At present, there are no Cambodian government accredited bodies. Certificates of conformity currently issued by Cambodian government conformity organizations have no value to the Cambodian exporter or to the importer of Cambodian goods or services. There are but very few private Cambodia-based organizations that are internationally accredited (e.g. Institut Pasteur du Cambodge, Chup Rubber Plantation Testing Lab, Rubber Research Institute of Cambodia testing lab). In addition, there is no Cambodian accreditation body.

So far, the very limited Cambodia-based infrastructure in the area of conformity compliance has had significant benefits. It has allowed for the development of a very flexible system whereby Cambodian exporters have been able to access technical compliance resources directly from regional or overseas organizations that are internationally recognized and can assist Cambodian producers in meeting the requirements of demanding importing countries.

As Cambodia seeks to promote the development of its own conformity assessment infrastructure, it must make sure that the infrastructure that develops meets international standards and does not develop into a monopoly, shutting out regional and overseas certification bodies and replacing them by “second-best” national bodies that do not meet international requirements.

Sanitary and Phyto-Sanitary Measures

Cambodia’s current SPS institutional capacity for exports is very limited and, at times, characterized by a duplication of agencies whose controls do not even meet international conformity requirements.

There is a need for streamlining the current SPS control institutional framework and eliminating controls that have no value to the exporter. In addition, there is a need to develop the human and institutional resources required to support exporters in producing crops or foods that meet SPS requirements of importing countries.

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DTIS 2007 – Executive Summary��

SPS support activities covers three broad areas: plant safety, animal safety and food safety. Roughly speaking, the complexity of support activities increases as one proceeds from plant safety to animal and food safety. Given the 19 export potentials highlighted in this DTIS, the recommendation is to focus initially on developing SPS support capacity in the areas of plant health and selectively, animal health (fisheries in particular, and possibly selected livestock such as piglets and pigs).

Intellectual Property Rights

Enforcement of Intellectual Property Rights (IPRs) is important for Cambodia. This is not simply to meet its international obligations and project an image that strengthens the credibility and competitiveness of Cambodian producers to the outside world. Stronger IPR protection also offers opportunities for Cambodia to develop certain export products that may be subject to IPR protection (e.g. geographical indications) and, as a result, be endowed with a unique “Cambodian” competitive advantage.

A key priority bottleneck to address is the establishment of a commercial court system. Its absence is a serious bottleneck to a rules-based resolution of commercial disputes, including IPRs disputes. Linked to this is another bottleneck, namely the absence of intellectual property professionals. There is a need to strengthen human resources knowledgeable in IPRs issues and develop intellectual property education at the university level in Cambodia.

IPRs represent a major asset to developing higher value added products and services to benefit the economy as a whole. Two areas might call for priority attention. First, under Article 7 of the TRIPS Agreement, investigations can be undertaken to identify those areas of the Cambodian economy that would best benefit from IPR-based technology transfer. Second, Cambodia might want to focus efforts on developing a strong system of patents as well as join international conventions, such as the Patent Cooperation Treaty (PCT), to make it easier for Cambodian innovators and businesses to attract potential foreign investment and access information on technologies more easily.

Finally, the development of trademarks and geographical indications (GIs) are two areas that could strengthen Cambodia’s competitiveness in a number of the export potential products and services identified in this study, including agricultural and handicraft product sectors such as rice, pepper, silk and others.

The Royal Government of Cambodia’s Work Programme Resulting from Cambodia’s WTO �ccession

Chapter 6 concludes by reviewing the 120 or so incomplete legal and institutional reforms and actions listed in the “Work Programme” through the lens of the aforementioned analyses of the five main cross-cutting areas. This, in turn, allows for the prioritization of those legal and institutional reforms that might have a more immediate impact on addressing issues and bottlenecks raised in the five cross-cutting areas. Priority actions identified through this lens are shown in blue in Table AM-3, shown in the Action Matrix appended to this Executive Summary.

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ImplementingDTIS 2007

As noted earlier, the last main objective for DTIS 2007 is to serve as the basis for formulating trade sector development priorities shared by the Government, its development partners, and other concerned stakeholders that will be implemented by all through a trade sector-wide approach.

While this study was being developed, Cambodia’s Ministry of Commerce (MoC) took steps to put in place a new institutional infrastructure for consultation, management, resource mobilization and monitoring required for a successful implementation of DTIS 2007.

Key among those parallel development is the creation of the Sub-Steering Committee on Trade Development and Trade-Related Investment by Anukret of March 2007 and the formation of the MoC’s Department for International Cooperation by Anukret of August 2007 (the latter focusing on the reorganization of the MoC).

Two factors will be critical in determining the effectiveness of the new implementing mechanisms: clear involvement of and good coordination with other key ministries in the work of the Sub-Committee and the Department for International Cooperation; and vigorous development of Human Resources in MoC and concerned line Ministries in many aspects of trade policy formulation and trade strategy implementation.

The DTIS 2007, with its detailed Action Matrix, will serve as the basis for formulating a trade sector development program to be implemented through a Trade SWAp. At its October 1, 2007 meeting, the Sub-Steering Committee on Trade Development and Trade-Related Investment, under the chairmanship of the Senior Minister of Commerce, proposed the formulation of three main sub-programs:

Reforms and Cross-Cutting Issues for Trade Development Product and Service Sector Export Development Capacity-Building for Trade Development and for the Management of Trade Development

Work is under way to organize mixed Government-Development Partners design teams that will formulate the three sub-programs taking into account present Government efforts and resources, ongoing Technical Assistance, and current gaps. Once priorities are clearly identified for each, it will be possible to develop a three-year costing plan using the MTEF/PIP rolling plan approach. Monitoring tools and indicators will need to be developed. As work progresses, evaluation of programme results will need to be assessed and incorporated as a basis for updating objectives and priorities. Finally, additional HDIA studies are planned to help develop a closer fit between human development and poverty reduction on the one hand, and trade sector development on the other.

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AppendixDTIS 2007 Action Matrix

Table �M-�:DTIS 2007 19 Product and Service Export Potentials

Table �M-2:DTIS 2007 Key Development Issues and Priority Action PlanFor 19 Export Potentials

Table �M-�:DTIS 2007 Trade-Related Legal and Institutional Action Plan

Table �M-�: DTIS 2007 �� Product and Service Export Potentials

List

1: C

urre

ntly

-Exp

orte

d Pr

oduc

ts

Beer

Cashew nuts

Cassava

Corn

Fishery

Footwear

Garment

Livestock

Rice, including organic rice

Rubber

Silk, including silk handicraft

Soybeans

List

2: S

ervi

ces

and

Non

-Exp

orte

d Pr

oduc

ts

Fruits and vegetables, including organic produce, mango, palm and soap products, and pepper.

Wood products, including sustainable construction materials such as bamboo flooring, paneling, etc.

Light manufacturing assembly, which might include bicycle and mopeds, light, electrical/electronics (e.g. fans, TVs), sewing machines, etc.

Tourism, including personal and business travel, and entertainment.

Labour services, including construction services, household help and farming

Transport and transport-related services

Business processes/web-based services, which might include computer services, architecture, engineering, bookkeeping, accounting, etc.

Table �M-2:DTIS 2007 Key Development Issues and Priority �ctions for �� Export Potentials

This table summarizes the findings of SWOT analyses carried out for the 19 products and services. It also identifies preliminary priority actions for each, based on analyses presented in Chapters 4 and 5 of the DTIS 2007. Further work on sector-specific priority actions will be done as part of the implementation of DTIS 2007.

Note: Indexes shown in the table range from 1 (lowest ranking) to 5 (highest ranking). Product sectors rank “high” with an index of 3.2 or more, medium with an index between 2.8 and 3.2, or low with an index 2.8 points or lower. “n.a.” = not applicable.

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Table �M-2.�: Garments

Strengths/Opportunities Weaknesses/ThreatsHigh current export performance (Index 1 = 5.0)

The garment industry is by far the most important exporting industry in Cambodia, and export growth remains strong.

Increasing exports over the last years despite the end of the quota system.

Strong geographic concentration of exports (mostly US and EU).

High world markets index (Index 2 = 3.5)

Tariff preferences applied to some items owing to LDC status.

Potential and better market access to EU market if accu- mulation rules for rules of origin are eased.

Transitory advantage because of US quotas for Chinese textiles.

No legal restrictions for investors, such as for repatriating earnings. Diversifying of export markets (e.g. Japan, Canada) could reduce reliance on US and EU markets.

High tariffs applied for some items in major markets (e.g. US).

Stringent rules of origin limit the use of preferential access schemes (e.g. EBA). Preference erosion could become a threat in some markets (e.g. EU). US quotas for China will eventually run out, with more competition on Cambodia’s main market.

WTO accession by Viet Nam will increase its competitiveness, which may cause some suppliers to move there. Buyers can quickly switch to other supplying markets.

High domestic supply index (Index 3 = 3.75)

High labour availability.

Experienced foreign investors provide know-how.Buyers see relatively good working conditions and monitoring measures as advantageous.

Better training measures could raise productivity and working conditions.

Most production is sub-contracted by foreign partners.

High costs of electricity. High informal costs, especially for import/export procedures. Lack of skills due to lack of formal training.

Weak productivity.

No supplying industries, which means a heavy dependence on imports of raw materials.

Industry is driven by FDI, with few local investors.

No significant labour cost advantage compared to other low-cost suppliers.

High human development impact

The garment sector provides most of the industrial employment in Cambodia (in 2006 it had a workforce of about 325,000 people), and is a major source of foreign revenue. Remittances help support households, many in rural areas. Workers are young (about 10 years younger on average compared to the employed labour force as a whole), mostly literate, with higher-than-average levels of education.

Most workers are female and from rural areas, and they usually support their families with a part of their income. Significant source of wage employment for women. Accounts for 10% of all non-agricultural employment and over 20% of all non-agricultural wage employment in the country. Earnings of garment workers are somewhat higher on average compared to other non-agricultural activities.

High human development dependency on the sector:

Withdrawal of investors could seriously harm rural families who rely on remittances of family members working in the garment industry.

Limited human capital development, as companies provide little on-the-job training to employees.

Work tends to be repetitive and provide few challenges or opportunities.

High turnover, lack of long-term jobs, displaced older workers may not have access to other employment opportunities.

Preliminary priority actions

Remittances help support households, many in rural areas. Workers are young (about 10 years younger on average compared to the employed labour force as a whole), mostly literate, with higher-than-average levels of education. Most workers are female and from rural areas, and they usually support their families with a part of their income.

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Table �M-2.2: Footwear

Strengths/Opportunities Weaknesses/ThreatsHigh current export performance (Index 1 = 4.1)

Footwear is the second most important export industry.Significant exports to EU and Japan.

Very high dependency on two markets: Japan and EU.Cambodia’s only a minor producer compared to Viet Nam

Medium world markets index (Index 2 = 3.1)

Tariff preferences applied to some items owing to LDC status.

Potential and better market access to EU market if Rules of Origin on accumulation rules are eased.

Transitory advantage because of EU AD measures against China and Viet Nam.

Diversifying export markets (e.g. US, Japan) could reduce reliance on Japanese and EU markets.

Stringent rules of origin limit use of preferential access schemes (e.g. Japan).

Preference erosion could become a threat in some markets.EU AD tariffs for China and Viet Nam will run out in a few years.

Buyers can quickly switch to other supplying markets.

High domestic supply index (Index 3 = 3.5)

High labour availability.Labour costs similar to China.Some (experienced) foreign investors already there.Improvement of border procedures to facilitate trade.Reducing informal costs could bring competitiveness to Viet Nam’s level.

Low value added, since assembly activities are limited to only one step in the production.

No supplying industries, thereby high dependency on imported chemicals, machinery and components (upper parts, soles).

Industry is driven by FDI, with no local investors. Footloose industry, which can easily move across the border if costs rise or problems arise.

High informal costs, especially for import/export procedures and transportation, and corruption.

Restrictive labour laws.

Medium human development impact

Large source of foreign revenue for the country, as it is the second most important exporting industry.

Strong employment creation, especially for women.

Production concentrated in urban centres, no regional development.

Low-qualification jobs without investment in human capital.

No strong foundation in footwear production. The structure of the industry in other countries is quite similar to the production of clothing and garments. Therefore, the human development impacts (and human resource demands) are likely to be similar. Unlike garment – which represents a truly global industry – footwear tends to be concentrated in fewer countries. Several of these countries (e.g. Indonesia) have characteristics similar to Cambodia. However, it is unclear whether, given the current lack of footwear production and the geographically concentrated nature of the industry, Cambodia can break into this sector.

Preliminary priority actions

Improve the business environment to keep the industry in the country and possibly attract new investors.

Consider the establishment of a Cambodian shoe design institute.

Develop a comprehensive skill development plan for footwear Promote investments in backward linkage development including, possibly, through selective (but WTO-compatible) fiscal incentives or provision of development finance.

Strengthen supply chains through closer regional integration.

Implement a marketing plan (nation branding) to promote the Cambodian footwear label and carry out a sustained export promotion campaign.

Review existing Prakas and Compulsory Standards and turn them into WTO-compliant Technical Regulations (TBT).

Develop and apply technical standards for chemical dyes (TBT).

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Table �M-2.�: Rice

Strengths/Opportunities Weaknesses/ThreatsHigh current export performance (Index 1 = 5.0)

High exports of paddy rice to Thailand and Viet Nam, making rice the major agricultural export product (estimates are around USD 200 million).

Few exports of milled rice.

High export-dependency on Thailand and Viet Nam.

Low world markets index (Index 2 = 1.2)

Cambodia will enjoy duty-free access to the EU from 2009 and enjoys duty-free access in a number of major importing countries.

World market prices are currently very high.

WTO negotiations could lead to less protection in agricultural trade in some countries, though the impact on rice will probably be rather low.

There seems to be a market potential for fair trade and/or organic rice.

Nigeria seems an interesting diversification market.

Relatively low growth of world imports.

Many major consuming countries protect their markets (e.g. Japan, South Korea, some ASEAN countries).

Few countries offer preferential market access for Cambodia.

Share of potential markets in world imports is small.

High informal export costs.

Currently, exports largely rely on demand and milling facilities for paddy rice from Thailand and Viet Nam.

Importing countries often require SPS certificates.

Medium domestic supply index (Index 3 = 3.0)

High surplus production of paddy rice. Some high-value varieties are already being produced.Milling facilities would allow more direct exports to over-seas markets and more added value in Cambodia. Also, mar-ket power of Thai and Vietnamese buyers would shrink. Potential in the production and export of organic and /or fair trade rice.

Lack of irrigation infrastructure and low technological level in farming, and processing. High electricity and transport costs.Low development stage, cultivation on subsistence-level.High input costs.Low quality and capacity of milling facility.Inadequate storage and grain silo.Lack of low-interest rate credit.

Medium-high human development impact

Rice is by far the most important agricultural export product of Cambodia.

Very high socio-economic impact in terms of job creation and poverty reduction, especially in rural areas.

More milling facilities could lower dependence on Thai or Vietnamese millers.

Rice is a staple food for most Cambodians. Therefore, price changes (e.g. an increase due to increasing export demand) could harm vulnerable groups who are net-buyers of rice.

Preliminary priority actions

Improve use of quality agriculture inputs (seed strains, fertilizers, insecticides/pesticides, etc.) by farmers. Design plant pest and disease control program and develop capacity to undertake risk assessment (e.g. training in Integrated Pest Management would be helpful).

Dissemination of information and technical advice on planting including use of high-yield seeds during dry season, use of suitable varieties for different soils, integrated pest management and crop management, and field maintenance, especially pre- and post-harvest.

Encourage diversification in terms of aroma, flavour, chemical-free and organic varieties of rice. Improve post-harvest marketing, storage and milling capacity.

Develop trademarks and geographical indications (Gis) that could strengthen Cambodia’s competitiveness in a number of rice products (i.e. organic) and, as a result, be endowed with a unique “Cambodian” competitive advantage.

Review existing Prakas and Compulsory Standards and turn them into WTO-compliant Technical Regulations (TBT).Develop and apply technical standards for fertilizers and pesticides (TBT).

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Table �M-2.�: Cassava

Strengths/Opportunities Weaknesses/ThreatsLow current export performance (Index 1 = 1.2)

Growing exports over the last years, in line with an increase in production.

Exports are concentrated on Thailand and Viet Nam.

Most exports are informal exports of raw material, with few processed products being exported.

High world markets index (Index 2 = 5.0)

High share of attractive markets, especially China.

Strong demand from China.

Favourable market access conditions for cassava starch (HS 110814) and chips and pellets (HS 071410), especially in the EU and ASEAN markets.

Growing processing industry in Thailand and possibly in Viet Nam.

Possible tariff reduction in Thailand.

New usages of cassava (e.g. fuel).

Very high concentration of world demand (China, EU), with declining demand from the EU.

High import tariffs in several potential markets (incl. Thailand).

High domestic supply index (Index 3 = 3.5)

Low labour costs for labour intensive harvesting.

The yield is similar to other Asian countries.

Introduction of high-yield varieties: Cassava industry can be localized to attract investment into other industries such as; food processing, medicine, paper, glutamine, textiles, plas-tic, liquor, etc.

Cassava can be used for many purposes and processed into a variety of final products (bio-ethanol factory is planned).

Development of chips, pellets or starch industry.

Growing feed demand from livestock sector.

High transport costs due to infrastructure problems.

Few processing facilities.

High costs of inputs for processing (fuel, materials).Low trade support compared with garment industry (e.g. VAT, SGS, taxation).

Cassava, as a crop, does not itself generate significant value added.

Low human development impact

About 2% of individuals who report being employed in agricultural production live in households where cassava is grown (possibly as one of several other crops).

Most all cassava producers are self-employed (either own-account workers or unpaid family workers). Cassava growing is an entirely rural activity in Cambodia.

Industrial employment opportunities are currently scarce, as there is cassava processing.

Child labour is relatively common.

Individuals engaged in cassava production have limited educational attainment and relatively low literacy rates (around 55%). The value of food consumption per person in the house-holds where cassava-producing workers live is well below average.

Cassava, as a crop, does not itself generate significant value added.

Preliminary priority actions

Strengthen farmers’ knowledge of modern farming techniques. Design plant pest and disease control program and develop capacity to undertake risk assessment (e.g. training in Integrated Pest Management would be helpful.

Encourage investments in processing machinery / technology.

Raise productivity and improve market access as a way of improving living standards among poor agricultural producers.

Review existing Prakas and Compulsory Standards and turn them into WTO-compliant Technical Regulations (TBT).

Develop and apply technical standards for fertilizers and pesticides (TBT).

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Table �M-2.�: Rubber

Strengths/Opportunities Weaknesses/ThreatsLow current export performance (Index 1 = 1.2)

Good performance over the last years and high potential due to an expected increase in production.

Exports rely on demand from Viet Nam, with few direct exports to other countries.

High world markets index (Index 2 = 3.9)

Low tariff barriers in world market.Favourable location because neighbouring countries have rubber processing industries. Strong demand in world market (e.g. from China) probably keeps up prices in the short run.Increasing demand for clean and organic aquatic products in the Western markets.Chinese and Indian economic growth increases demand in the long term (but also competition).

No tariff advantage compared to other suppliers.Natural rubber demand highly dependent on a single industry (tire manufacturers).Possible threat of substitution by synthetic rubber.Volatile prices and no price security.

High domestic supply index (Index 3 = 4.5)

Lower labour costs than in major producing countries.Modern processing facilities.Capacity reserves in processing plants.Quality of raw product is good.High potential for growth of planted area.Potential of future development of value added rubber industry.Privatization might help to improve productivity.

Many smallholdings use mediocre or poor quality trees, as they do not benefit from the technical support of projects led by the Directorate General of Rubber Plantations.Relatively low yield.No high value added rubber industry (e.g. for tires).Inefficiencies in SOEs, which still have to undergo privatization process.Theft of latex is an increasing problem for SOEs.Difficult to adapt production level on world demand and price level in the short-run.Countries such as EU, USA, Japan, Thailand, India, and China require certification by internationally accredited labs.

Medium human development impact

The rubber sector is entirely concentrated in rural parts of the country. Compared to other types of agricultural production, earnings in rubber production are higher on average and human development outcomes are better. Rubber plantation is labour intensive and can provide ample employment opportunities. Less than 0.5% of all workers who report being employed in agricultural (and similar extractive activities) live in house-holds where rubber is collected. Most individuals engaged in primary production of rubber are self-employed. About half of all workers in the rubber sector are women. Workers in the rubber sector are much more literate and better education compared to workers in other agricultural activities.

Impact is concentrated in few areas, notably Kampong Cham.Few industrial employment opportunities due to a lack of processing facilities.

Preliminary priority actions

Stabilize land tenure to the benefit of smallholders, to avoid possible evictions.Provide selected plant material (hevea plants) to guarantee stable and high yields over the 25 years of production.Improve quality and productivity of small-holding output.Strengthen ability to meet international quality standards.Financially support the heavy investment associated with plantations, through a partial subsidy and/or credit for a restricted number of inputs and essential work, provided on a competitive basis.Develop and strengthen professional farmer organizations.Skills-strengthening program may be an essential part of the development of the sector since workers in the sector are much more literate and better educated compared to workers in other agricultural activities.Review existing Prakas and Compulsory Standards and turn them into WTO-compliant Technical Regulations (TBT).Develop and apply technical standards for fertilizers and pesticides (TBT).

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Table �M-2.�: Fishery

Strengths/Opportunities Weaknesses/ThreatsMedium current export performance (Index 1 = 3.0)

Increasing exports over the last years, including exports to demanding markets, such as the US. Most exports are informal and / or provide low value added.

Medium world markets index (Index 2 = 2.7)

Low tariffs in many countries.

High demand from Thailand.

Diversifying export markets for freshwater fish.

Improvement of border procedures to facilitate trade.

Severe non-tariff trade barriers (informal fees, etc.)Compliance with SPS requirements in industrial countries can be challenging.

The EU prohibits imports of fish from Cambodia due to failure to comply with EU legislation regarding hygiene and sanitary conditions since 1997.

High domestic supply index (Index 3 = 3.5)

Abundant freshwater and marine fish resources, if production is limited to a sustainable level.

Strong demand for freshwater fish in domestic market. Fish is a staple food in Cambodia.

Potential to increase downstream activities (processing).

Bad infrastructure (storage, transport).

High costs for export to industrial markets.

Low value added due to lack of processing facilities.

Lower production if over-fishing is not tackled.

High human development impact

Fishery sector has a very high human development impact as many Cambodians rely on fishery.

Processing could provide additional employment opportunities.

Increasing export demand could further threaten sustainability of the sector due to over-fishing

Preliminary priority actions

Manage fishery resources to avoid depletion and conserve biodiversity;

Develop SPS capacity to ensure conformity with safety and sanitation guidelines, both for domestic and export markets.

Build handling, storage, processing, and marketing capacity.

Train fishermen in modern sanitary and phyto-sanitary handling and processing in conjunction with upgrading of handling and processing facilities.

Improve trade facilitation (e.g. eliminate unnecessary government inspections).

Accelerate process of fishery certification for EU market.

Review existing Prakas and Compulsory Standards and turn them into WTO-compliant Technical Regulations (TBT).

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Table �M-2.7: Cashew Nuts

Strengths/Opportunities Weaknesses/ThreatsLow current export performance (Index 1 = 1.2)

High and growing exports of raw cashew nuts. Estimates for exports are around USD 50 million per year.

Cashew nuts are mostly exported raw (in shells) and only very few are shelled (kernels).Strong reliance on Viet Nam for processing of raw cashew nuts.

High world markets index (Index 2 = 3.9)

High recent world market prices.Mostly zero tariff in importing countries for processed cashew nuts.Low trade costs to Viet Nam compared to African exporters.Diversification of markets for raw cashew nuts (e.g. India).Shortage of raw cashew nuts for further processing in Viet Nam.High demand growth is expected.

Volatile prices.World market prices might drop if Viet Nam and other countries increase production further.Strong competition from exporters in Asia, Africa, and South America.Vietnamese production could increase above processing capacity level, thereby reducing demand for Cambodian raw cashew nuts.

High domestic supply index (Index 3 = 4.5)

High land availability for increasing production; soil is usable for cashew nuts.High labour availability in rural areas.Low labour costs.High level of production already exists.Mostly “organic” production (by default).Higher prices if products are certified as “organic”.Yield can be increased due to intensive farming.Development of a processing industry.Processing machinery is easily available from India or Viet Nam.Foreign investors (e.g. from India) could invest in processing facilities.

It takes 3-5 years until first harvest.Lack of processing facilities: Only 1 medium-sized processing facility, therefore low value added and high dependency on Viet Nam. Low access to capital to invest in processing facilities.Low yield due to low quality of variety and extensive farming.Lack of information systems.Underdevelopment of storage facilities, marketing service, and trade promotion.Very small domestic market.No brand name.No availability of collateral-based commodity lending system for purchase of raw cashew nuts by processing factories.Natural disasters (e.g. drought, flood, diseases).

Medium human development impact

Cashew nuts have a high impact on rural employment and provide a good use of low resource land for farmers.Possible additional employment opportunities with a processing industry.There is substantial world demand for cashews and the lack of competitive processing capacity in the country represents an important foregone opportunity as well as a source of vulnerability from export shocks.

With large increases in processing capacity in Viet Nam, there has been a substantial increase in the production of cashew nuts in Cambodia, much of which is smuggled over the border. Despite this growth, only 2% of agricultural households report cultivating cashews. Production is also regionally concentrated with much production occurring in Kampong Chang. Agricultural households cultivating cashews appear to have average or below average indicators of poverty.

Preliminary priority actions

Develop cashew nut processing facilities to increase value added in Cambodia, possibly by introducing study tours to Viet Nam or measures to attract foreign investment (e.g. from Viet Nam or India).Export processed nuts directly to consuming countries, possibly as organic and/or fair trade goods. This may include the development of branding for Cambodian cashew nuts.Expansion of processing capacity as well as assistance with increasing productivity and negotiating SPS provisions are critical if this important sector is to raise productivity and value added accruing to poor farmers. It may be that more research needs to be done of this sector. Design plant pest and disease control program and develop capacity to undertake risk assessment (e.g. training in Integrated Pest Management would be helpful. Diversify export markets.Review existing Prakas and Compulsory Standards and turn them into WTO-compliant Technical Regulations (TBT).Develop and apply technical standards for fertilizers and pesticides (TBT).

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Table �M-2.�: Silk

Strengths/Opportunities Weaknesses/ThreatsLow current export performance (Index 1 = 1.1)

Tourism, which is the important channel for exports, is expected to grow.

Few direct exports, concentrated on the United States, Japan and Europe.

Medium world markets index (Index 2 = 2.7)

Tariff preferences applied to some items owing to LDC status (e.g. EU).

Potential for better market access to EU market if accumulation rules concerning rules of origin are eased.

Transitory advantage because of US quotas for Chinese textiles.

Diversifying markets include United Arab Emirates and Saudi Arabia.

Rules of Origin, technical standards requiring azo-free dyes.

Preference erosion could become a threat in some markets.

US quotas for China will eventually run out, thus Cambodia will lose its tariff advantage.

Low domestic supply index (Index 3 = 2.25)

High labour availability. Many young people entering labour market every year.

Low labour costs.

Strong national tradition of this product. Strong skills base of traditional product.

Silk yarn is an opportunity for farmers to diversify production.

Good potential for traditional Khmer Golden Silk production.

Better training will raise productivity and working conditions.

Silk yarn production provides future employment opportunities.

Insufficient domestic production of raw material.

Inconsistent quality.

Weavers lack formal training.

Low technology levels due to outdated equipment and weak productivity.

Lacking specialization in single production steps.Scattered industry. Mostly farmer families who do some weaving.

Coordination is difficult.

Inconsistent quality of imports.

High probability that imported quantity will decrease.

Inefficient organization of production process.

Traditional production structures; not aimed at needs of world market.

Scattered inefficient structure forecloses access to capital.

Silk yarn production not yet profitable.

Medium-high human development impact

High human development impact in terms of job creation, since activity is highly labour intensive. The silk sector in Cambodia employs around 19,000 weavers and 2,000 farmers.

Strong backward and forward linkages.

Silk manufacturing supports the preservation of Cambodian cultural heritage.

Lack of formal training.

Preliminary priority actions

Diversify the sources of yarn imports and extend domestic sericulture to improve the quality of silk yarn, to reduce the reliance on Vietnamese silk yarn, and to enhance value addition.

stablish and ensure commercially sustainable linkages between the farmers and processors involved in post-cocoon activities.

Promote the creation of weaver communities and a weaver association to introduce and monitor quality standards.

Develop training on entrepreneurship, quality, and design.

Review existing Prakas and Compulsory Standards and turn them into WTO-compliant Technical Regulations (TBT).

Develop and apply technical standards for chemical dyes (TBT).

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Table �M-2.�: Soybeans

Strengths/Opportunities Weaknesses/ThreatsLow current export performance (Index 1 = 1.7)

Increasing exports over the last years to Thailand and Viet Nam. High dependency on the Thai and Vietnamese markets.

High world markets index (Index 2 = 3.4)

Both Viet Nam and Thailand are importers of soybeans.

Slightly better market access conditions for Cambodia in Thailand and Viet Nam.

Strong demand from China.

Growing poultry sectors in regional markets.

Prices are not expected to increase over the next years.

Strong competition from US, Brazil and Argentina.

World demand is concentrated in few countries.

As of today, Cambodian exports depend on Thailand and Viet Nam exclusively, and depend indirectly on their processing industries and trade policy against major suppliers. If they reduce barriers for American soybeans, then demand for Cambodian soybeans might shrink.

Medium domestic supply index (Index 3 = 3.0)

Soybeans are GMO-free

Potential in regional markets because US/Brazil/Argentina cannot easily fulfil demand for GMO-free soy products.

Much lower yield than main producing countries.

High transport costs due to infrastructure problems.

No crushing facilities.

Low-medium human development impact

Soybeans are the second crop after rice in terms of harvested areas.

A processing industry might provide industrial employment.

Geographically concentrated impact, since most of the production is located in the Kampong Cham and Battambang region.

Deforestation could be a substantial problem, since part of the expansion of soybean production was done at the expense of forest area.

Preliminary priority actions

Improve availability and accessibility of technical information on seed quality, production methods, fertilizers, insecticides, pesticides and equipment, and on market needs and export opportunities. Improve quality of inputs. Design plant pest and disease control program and develop capacity to undertake risk assessment (e.g. training in Integrated Pest Management would be helpful).

Facilitate agriculture extension service to enable farmers to meet international SPS regulations within the multilateral trading system.

Develop processing capacity for bean curd.

Promote the development of cold chain infrastructure and grain silo to reduce wastage and leakage post-harvest.

Develop modern irrigation systems.

Review existing Prakas and Compulsory Standards and turn them into WTO-compliant Technical Regulations (TBT).

Develop and apply technical standards for fertilizers and pesticides (TBT).

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Table �M-2.�0: Livestock

Strengths/Opportunities Weaknesses/ThreatsLow current export performance (Index 1 = 1.4)

Some formal exports are currently taking place, despite serious problems with animal diseases in recent years.

Overall performance of formal exports is very weak, partly due to animal diseases.

Little is known about current informal exports.

Medium world markets index (Index 2 = 3.1)

Tariff barriers are low compared to meat exports.

Short distances to some major importing Asian markets (e.g. Indonesia).

Growing beef demand in Asia and high demand in the Middle East.

Formal exports are currently very difficult due to sanitary standards of importing countries.

Lower tariff barriers for beef in potential markets could harm Cambodian exports.

Low domestic supply index (Index 3 = 1.25)

Abundant land resources for cattle.

Creation of an FMD-free zone.

Sector could provide linkages to dairy and / or leather industry.

Sector is vulnerable, as animal diseases can immediately stop formal trade.

Widespread animal diseases (e.g. FMD) and underdeveloped veterinary services.

Lost value added (e.g. fattening abroad, weight loss because informal exports are slow).

High transportation costs.

Medium human development impact

Downstream activities (e.g. dairy) could provide employment opportunities.

Cattle have high socio-economic impact for rural families.Over 70% of households, spread widely across the country, raise livestock. In rural areas this figure is over 80%.

Households that raise livestock display below average indicators of poverty. This suggests that simply expanding market access by itself may not significantly reduce poverty in this sector. At present the cattle trade is primarily through smuggling, which makes it difficult to improve incomes flowing to the poor.

Preliminary priority actions

Improve veterinary standards and measures to eradicate diseases.

Improve productivity.

Increase the share of value added accruing to the poor through development of formal production and distribution channels.

Review existing Prakas and Compulsory Standards and turn them into WTO-compliant Technical Regulations (TBT).

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DTIS 2007 – Executive Summary 27

Table �M-2.��: Corn

Strengths/Opportunities Weaknesses/ThreatsLow current export performance (Index 1 = 1.7)

Increasing exports over the last years due to high demand (mostly from Thailand). Strong dependency on only few markets (Thailand, Taiwan).

High world markets index (Index 2 = 3.4)

Cambodia currently enjoys much better access conditions in Thailand than major suppliers.

Small preferential margin in Viet Nam.

Growing demand in Thailand and Viet Nam.

Limited growth of world imports.

Tariff disadvantage in major importing countries.

Strong competition from US and Argentina.

Cambodian exports depend so far on Thai demand, which may shrink if Thailand opens its market for main suppliers.

Share of potential markets in world imports is small.

Dependent on Thailand and Viet Nam market for export channel.

GMO seeds could enter production supply chain.

Medium domestic supply index (Index 3 = 3.0)

Strong demand growth due to growing livestock and poultry sector.

Increase of production to at least 1 million tons seems possible.

Lower yield than main producing countries.

Thai companies mostly drive the sector, with high dependency on their demand.

High energy and transportation cost.

Inadequate silos for drying and cleaning kernel.

The vast majority of farmers are still illiterate and their knowledge in modern farming is very limited. For example most input materials (mostly deadly chemical substance) come from Thailand, are widely available in the market and carry no health warning and/or usage instructions in Khmer language.

Low-medium human development impact

Possible high human development impact in the western regions (Battambang, Pailin and Banteay Meanchey), where most of the production is located.

Positive impact would be geographically concentrated.

Preliminary priority actions

Improve availability and accessibility of technical information on seed quality, production methods, fertilizers, insecticides, pesticides and equipment, and on market needs and export opportunities. Improve quality of inputs. Design plant pest and disease control program and develop capacity to undertake risk assessment (e.g. training in Integrated Pest Management would be helpful).

Facilitate agriculture extension service to enable farmers to meet international SPS regulations within the multilateral trading system.

Develop processing capacity for corn flour.

Promote the development of cold chain infrastructure and grain silo to reduce wastage and leakage post-harvest.

Develop modern irrigation systems.

Review existing Prakas and Compulsory Standards and turn them into WTO-compliant Technical Regulations (TBT).

Develop and apply technical standards for fertilizers and pesticides (TBT).

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DTIS 2007 – Executive Summary2�

Table �M-2.�2: Beer

Strengths/Opportunities Weaknesses/ThreatsLow current export performance (Index 1 = 1.0)

Cambodia is a very small exporter, with exports to only few markets (Thailand, Malaysia).

Significant imports of beer from Thailand.

No internationally known domestic brands.

Medium world markets index (Index 2 = 2.8)

Low but increasing per capita consumption in Asia.

Open US and EU markets.

Dominated by large brands.

No reputation and image in the world market.

Imports of foreign beers.

High tariffs in neighbouring countries.

Low domestic supply index (Index 3 = 1.0)

The industry has attracted foreign investors from major producers in the world market (e.g. Carlsberg, Heineken).

Possibility of developing production by importing new technology from neighbouring countries.

Per capita consumption is below regional average, but expected to grow through tourist arrivals and also local demand.

Lack of production capacity, which so far does not even meet domestic demand.

High transportation costs.

High energy costs.

Most inputs have to be imported.

Low human development impact

Low potential for job creation.

No backward and forward linkages.

Preliminary priority actions

Implement a marketing plan (nation branding) to promote a Cambodian beer label.

Address high energy cost issue.

Design plant pest and disease control program and develop capacity to undertake risk assessment (e.g. training in Integrated Pest Management would be helpful).

Review existing Prakas and Compulsory Standards and turn them into WTO-compliant Technical Regulations (TBT).

Develop and apply technical standards for fertilizers and pesticides (TBT).

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DTIS 2007 – Executive Summary 2�

Table �M-2.��: Fruits and Vegetables

Strengths/Opportunities Weaknesses/ThreatsLow current export performance (Index 1 = 1.0)

Limited current exports, consisting mainly of trans-border and regional exports.Fruits and vegetables of a consistently high quality for top hotels have to be imported from Thailand and Viet Nam.

High world market index (Index 2 = 3.2)

Growing world demand for exotic fruits.High potential for organic fruits. Opportunities to diversify markets and develop direct exports to overseas markets.

Competition from other exporters (especially Thailand and Viet Nam) in both domestic and international markets.

Medium domestic supply index

Nearly 20% of all agricultural households grow some fruits/vegetables. Production is spread across the country, suggesting that the benefits from trade expansion will be widespread.Large number of different kinds of fruits and vegetables.Some fruits/varieties with a reputation of high quality or taste. Generally limited use of fertilisers in Cambodia, which renders fruits and vegetables organic by default (but has a negative impact on yield and consistency of quality).Opportunities for processing include products based on palm sugar (e.g. juice, wine, sugar).

Low and inconsistent quality of fruits and vegetables.Small and fragmented farm land.Limited skills of farmers.Limited agro-processing capacities.Lack of experience and skills for long-term production plans.Potential SPS problem for many fruits and vegetables. Limited possibilities for a certified organic production. Difficulties in controlling the level of antibiotics, residues for some fruits. Problems to meet international standards of hygiene and safety regulations. Poor infrastructure (storage facilities, transportation network) leading to high transaction costs.Possibly high post-harvest losses.Poor technical monitoring and inspection systems.Lack of marketing skill and trade promotion.

Medium-high human development impact

This sector could contribute to human development (skills to produce more value added products). Examination of the CSES shows that nearly 20% of all agricultural house-holds grow some fruits and/or vegetables. The largest crops within this category are coconuts, bananas, mangoes, moong beans, watermelons and sugarcane. Production is spread across the country, suggesting that the benefits from trade expansion will be widespread. Households involved in the production tend to display better poverty outcomes (i.e. access to sanitation, electricity). Households that produce fruits and vegetables are more literate than average households in agriculture. Given the wide range of fruits and vegetables produced and the demand for specific crops in the ASEAN area, Cambodia possesses significant potential to expand its production and exports of fruits and vegetables.

The central constraints to expansion are compliance with SPS provisions and the lack of processing units. In addition, given land scarcity and irrigation requirements, there is concern about the environmental impacts of expanding crop production, especially with regard to encroaching on forest.

Preliminary priority actions

Improve availability and accessibility of technical information on seed quality, production methods, fertilizers, insecticides, pesticides and equipment, and on market needs and export opportunities. Improve quality of inputs. Design plant pest and disease control program and develop capacity to undertake risk assessment (e.g. training in Integrated Pest Management would be helpful). Facilitate agriculture extension service to enable farmers to meet international SPS regulations within the multilateral trading system. Improve access to microfinance to enable small-scale farmers to expand and enhance operations. Favour investments in handling and processing machinery / technology. Develop trade marks and geographical indications (GIs) that could strengthen Cambodia’s competitiveness in a number of fruits and vegetable products (i.e. organic) and, as a result, be endowed with a unique “Cambodian” competitive advantage.Review existing Prakas and Compulsory Standards and turn them into WTO-compliant Technical Regulations (TBT).Develop and apply technical standards for fertilizers and pesticides (TBT).

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DTIS 2007 – Executive Summary�0

Table �M-2.��: Wood Products

Strengths/Opportunities Weaknesses/ThreatsLow current export performance (Index 1 = 1.1)

Limited official exports.

Wood products, including furniture and wooden handcrafts, are subject to export licensing.

Medium world markets index (Index 2 = 2.9)

International demand for furniture remains strong.

Very favourable market access condition; zero-duty rate or low tariff rates applied by major importing countries.

Preferential tariffs include GSP and ASEAN Common Effective Preferential Tariff (CEPT).

Strong competition; countries like China and Indonesia provide consumer-friendly, low-cost furniture.

Medium domestic supply index

Cambodia is well endowed with forests, accounting for about 60% of its land area.

Low value addition.

Few companies have good quality machinery.

Few companies are ready to export.

Technicians and managers are often not well organized.

Medium human development impact

This sector could contribute to human development (skills to produce more value added products).

Has potential to create non-agricultural employment opportunities in rural areas.

Currently accounts for approximately 3% of non-agricultural employment. Small-scale household enterprises are important. Self-employment (own account workers and unpaid workers on family enterprise) accounts for approximately two-thirds of total employment. The remaining one-third is employed as wage workers. Earnings are somewhat lower than other forms of non-agricultural employment, but higher than in agricultural employment.

Workers are somewhat older on average and slightly more literate when compared to other non-agricultural forms of employment.

Concern related to the depletion of wood resources (a negative impact on environment).

Less than 30% of workers in the industry are women.

Preliminary priority actions

Attract investments in processing machinery / technology.

Upgrade resources and knowledge for further market penetration.

Invest in skill training and research and development to improve existing export capability.

Develop support programs for small scale household enterprises.

Draft Law on Industrial Standards and implementing regulations; compliance with Code of Good Practice.

Review existing Prakas and Compulsory Standards and turn them into WTO-compliant Technical Regulations (TBT).

Develop and apply technical standards for pesticides (TBT).

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DTIS 2007 – Executive Summary ��

Table �M-2.��: Light Manufacturing

Strengths/Opportunities Weaknesses/ThreatsLow current export performance (Index 1 = 1.1)

Limited current exports.

High world markets index (Index 2 = 3.3)

International demand for light manufacturing remains strong, especially for assembly-type work.

Favourable market access condition; zero-duty rate or low tariff rates applied by major importing countries.

Preferential tariffs include GSP and ASEAN Common Effective Preferential Tariff (CEPT).

Strong competition from Cambodia’s neighbours (e.g. Viet Nam).

Medium domestic supply index

Low labour cost compared to neighbouring countries.

High labour availability.

Some foreign investors already there or looking at investing

Small domestic market size; too small for big investors.Very high cost for infrastructure (e.g. water, oil, electricity, tele-communication, transportation). Skill level lower in Cambodia than in neighbouring countries.High cost for material inputs.Technology is very basic.Low quality of products.

Medium human development impact

With appropriate trainings, high human development impact in terms of job creation, since activity is highly labour intensive.

With appropriate improvements in infrastructure (tele-communications and transport), Cambodia may be able to become competitive in labour intensive assembly operations (e.g. electronics, light equipment, computers).

In terms of employment structure and human development impact, the garment industry probably gives the best indication.

Lack of formal training.

No strong presence in light manufacturing – with the exception of the garment industry.

Because these export-oriented activities frequently import manufactured component parts, value added may be low (although potential may exist for up-grading).

Preliminary priority actions

Support the development of infrastructure (telecommunication and transportation).

Accelerate development of SEZs where access to better quality infrastructure can be provided.

Develop vocational training.

Strengthen the business legal framework environment to attract foreign investors.

Draft Law on Industrial Standards and implementing regulations; compliance with Code of Good Practice. The draft law and sub-decree are not WTO-compliant and contains major conceptual problems.

Review existing Prakas and Compulsory Standards to turn them into WTO-complaint Technical Regulations (TBT).

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DTIS 2007 – Executive Summary�2

Table �M-2.��: Tourism

Strengths/Opportunities Weaknesses/ThreatsHigh current export performance

The tourism sector has grown significantly.

1.7 million tourists arrived in Cambodia in 2006.

Optimistic projections for the future: between 3.8 and 5.5 million tourists are expected to arrive in 2015.

High world markets index

Southeast Asia is one of the fastest growing tourist markets in the world.

Fast economic growth in the region implies that regional tourism is likely to grow with rising income levels.

Positive spillovers from major tourist destinations: Many tourists visit Cambodia on a side trip from Thailand or other countries in Asia.

There are plans to facilitate travellers’ movements within ASEAN. A common visa scheme is under consideration.

Medium domestic supply index

Unique sites, such as Angkor Wat, which is a World Heritage Site designated by UNESCO.

Growing airline competition, with Asian low-cost airlines now flying to Cambodia.

Projects to improve tourism-related infrastructure are being undertaken, funded by Asian Development Bank.

Tourism remains relatively concentrated in a few areas.

Less developed infrastructure (e.g. roads) in Cambodia than in other regional countries such as Thailand.

Average length of stay is shorter than in Viet Nam and Thailand.

Cambodia lies far behind some of the neighbouring countries in the region (Thailand, Malaysia, Singapore and Indonesia) in terms of services, facilities for overseas tourists and active marketing.

Internal transportation is still not well developed, and Phnom Penh is not a hub for international air traffic.

High human development impact

The tourism sector is a major sector for Cambodia’s economy, and is estimated to be second largest export sector after garments.

High employment opportunities in a growing sector.

Potential negative environmental and societal side effects.

Preliminary priority actions

Improve the quality and reliability of services.

Introduce reliable official ratings for hotels and restaurants.

Improve infrastructure that is key for the development of the tourism industry (roads, telecommunications, etc.)

Diversify tourism investment in order to diversify products.

Promote Cambodia’s image as an attractive tourist destination and carry out a sustained export promotion campaign.

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DTIS 2007 – Executive Summary ��

Table �M-2.�7: Labour Services

Strengths/Opportunities Weaknesses/ThreatsMedium current export performance

An estimated $160 million from remittances represents about 2.6% of GDP.

Thailand is the most important receiving country for temporary Cambodian workers.

Concentrated in Thailand and very few migrants in other countries.

High world markets index

Temporary work abroad seems favorable for Cambodians.Thailand and other ASEAN countries have attractive labour markets for Cambodians, and there seems to be an increasing labour shortage in Thailand and possibly other ASEAN countries.

Cambodians are not always able to get temporary working vi-sas.

Medium domestic supply index

The International Organization for Migration (IOM) is currently working with the Cambodian Ministry of Labour and Vocational Training to improve the institutional framework for migration.

Providing training and a legal framework could possibly improve Cambodia’s “export performance”.

Concerns mainly low –skilled labour (lack of foreign language skills and workplace skills).

Medium human development impact

The impact is currently limited, but has the potential to contribute to employment and poverty reduction.

Helps Cambodians access well-paid jobs and support their relatives, consequently contributing to job creations and poverty reductions.

Labour exports reduce the pressure on the domestic labour market; they are a major source for foreign exchange earnings through remittances, and are a source of technology transfer and skill upgrading, as returning workers tend to bring new skills and entrepreneurial habits.

Currently accounts for just over 1% of non-agricultural employment, but may be of growing importance with the expansion of the tourist industry. Nearly 90% of this employment is wage employment.

Employment in this sector is concentrated in urban areas (approximately 70% of employment is urban). Earnings are above average and the sector disproportionately provides wage employment to women – 60% of all workers are female. Unlike the garment industry, the average age is approximately equal to the average for all non-agricultural employment.

Child labour is negligible.

Risk of exploiting workers with low payments, unfavourable working conditions or abuse.

High possibility of losing trained/skilled Cambodians (no return).

Preliminary priority actions

Encourage labour exports through formal channels.Negotiate labour exchange agreements with potential host countries and provide a clear legal framework (e.g. bilateral agreements).

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DTIS 2007 – Executive Summary��

Table �M-2.��: Web-based services

Strengths/Opportunities Weaknesses/ThreatsLow current export performance

Almost no export from Cambodia

High world markets index

India has moved up the technology and provided more high-tech services to its clients, consequently leaving opportunities for other developing countries.

Possible spillovers from Cambodia’s dynamic neighbouring countries, such as Viet Nam.

Low domestic supply index

A few firms are managed by foreigners or by Cambodians who have lived and worked abroad.

Limited number of engineers and programmers; limited ICT- literate workforce.

Backward basic Information and Communication Technology (ICT) infrastructure. ASEAN ranked Cambodia 8th out of 10 member countries concerning e-society, e-commerce and e-government.

Highest price and lowest Internet penetration among all ASEAN countries, due to the low number of fix telephone lines and an inefficient regulation from the government.

Limited knowledge of English and technical problems in adapting the written Khmer language for uses of computers.

Existing companies service mainly the domestic market, with limited prospects for large-scale exports.

High electricity costs.

Inadequate enforcement of laws and regulations, including Intellectual Property Rights (IPRs); does not attract foreign firms.

Low human development impact

The ICT sector generally provides well-paid jobs compared to more traditional sectors due to higher added value, but their number is limited.

Current impact is low, but it could be high in terms of human capital development, female employment (equal playing field), environmental sustainability (only uses electricity), and could help businesses become more efficient.

It is unclear whether Cambodia can become a competitor in this industry at this time.

Currently limited employment in the sector.

No strong base in providing computer services. Other countries have developed their computer and information technology sectors, with imported human development and more highly educated, relatively privileged workers.

Preliminary priority actions

Improve infrastructure, especially the availability, cost, and reliability of electricity, telecommunication, and Internet access.

Dismantle current monopoly on Internet Gateway.

Require investment in specific skills and knowledge.

Enforce legal frameworks (especially Intellectual Property Rights) to attract foreign investment.

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DTIS 2007 – Executive Summary ��

Table �M-2.��: Transport and Transport-Related Services

Strengths/Opportunities Weaknesses/ThreatsLow current export performance

Transportation services play a minor role in Cambodia’s exports, and Cambodia is a net importer of transport services.Most of Cambodia’s imports consist of sea freight services, as there are only few vessels in Cambodia.

Medium world markets index

Expected growth in this dynamic region should have a pull effect on the demand for transportation services, which grows with international trade (movement of goods) and tourism (movement of people).

Low domestic supply index

Compared to regional competitors such as Thailand and Viet Nam, Cambodia faces major challenges due to bad road conditions and low standards for border procedures.

Limited scope for important transhipment ports; Cambodian seaports are situated beside the main shipping routes from China, thus virtually no transhipment takes place.

Low human development impact

Transportation services currently account for 5.3% of non-agricultural employment. Transportation employment is important in both urban and rural areas. Self-employment, particularly as own-account workers, is very common in transport services. Therefore, efforts to promote this sector should be accompanied by support to small-scale enterprises.

Workers in the transport industry tend to be more literate and a larger fraction has attended school compared to other non-agricultural workers. Earnings are comparable to other forms of non-agricultural employment.

Transport workers tend to report better-than-average health outcomes, an indicator of human development.

Limited employment impact, since transportation services play a minor role in Cambodia’s export.

The sector is male-dominated. Women account for less than 10% of employment.

Child labour is slightly more prevalent than in other non- agricultural sectors.

Preliminary priority actions

Improve infrastructure that is key for the development of the transportation industry.

Develop support programs for small-scale enterprises especially since self-employment is very common in this industry.

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DTIS 2007 – Executive Summary��

Table AM-3:DTIS 2007 Trade-related Legal and Institutional Action Plan

Note: Blue Actions are priority Actions; Yellow Actions are completed Actions

Note: This table is a re-arrangement, update, and prioritization of three separate lists of legal and institutional actions undertaken by the Royal Government of Cambodia. The origin of each action listed in the table is indicated in the column “source” as follows:

WWP: The Work Program of the Royal Government of Cambodia resulting from Cambodia’s Accession to the World Trade Organization (adopted by the Council of Ministers on 27 February 2004)TF: 12 point Action Plan on Trade Facilitation (2004)BB: Blue Book on Best Practice in Investment Promotion and Facilitation (UNCTAD and JBIC, December 2004)DTIS 2007: Indicates new Actions identified by the DTIS 2007 consultants

�bbreviations:

OCM: Office of the Council of Ministers

MOC: Ministry of Commerce

MEF: Ministry of Economy and Finance

MAFF: Ministry of Agriculture Forestry and Fisheries

MIME: Ministry of Industry Mines and Energy

MPTC: Ministry of Post and Telecommunication

MPTW: Ministry of Public Works and Transport

MLVT: Ministry of Labour and Vocational Training

MLUPC: Ministry of Land Management Urban Planning and Construction

MOJ: Ministry of Justice

MOT: Ministry of Tourism

MOH: Ministry of Health

NBC: National Bank of Cambodia

CDC: Council for the Development of Cambodia

CIB: Cambodian Investment Board

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DTIS 2007 – Executive Summary �7

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oms

Valu

atio

nW

WP

MEF

Prov

ide

trai

ning

on

new

Cu

stom

s La

w a

nd v

alua

tion

proc

edur

es20

04TA

nee

ded.

NZ

Cust

oms

serv

ices

, JI

CAO

ngoi

ng.

Cust

oms

Valu

atio

nW

WP

MEF

Prep

are

and

publ

ish

Man

ual

on L

aw o

n Cu

stom

s an

d re

late

d Re

gula

tions

2004

-200

5IM

F TA

is in

pla

ce,

but m

ore

TA

need

edU

nder

pre

para

tion

Cust

oms

Valu

atio

nW

WP

MEF

Begi

n tr

ade

outr

each

pro

gram

to

info

rm p

rivat

e se

ctor

of

chan

ges

in v

alua

tion

proc

edur

es

2004

TA n

eede

dU

nder

pre

para

tion.

A w

orks

hop

need

s to

be

orga

nize

d fo

r the

pr

ivat

e se

ctor

.

Cust

oms

Valu

atio

nW

WP/

BB

MEF

Begi

n au

tom

ated

cus

tom

s pr

oces

sing

sys

tem

pro

ject

(to

be c

ompl

eted

by

end

2005

)20

04TA

nee

ded

TA p

rovi

ded

unde

r Wor

ld B

ank

Trad

e Fa

cilit

atio

n an

d Co

mpe

titiv

e-ne

ss P

roje

ct. A

SYCU

DA

pro

ject

do

cum

ent w

as s

igne

d on

18

Apr

il 20

06. I

nstit

utio

nal a

rran

gem

ent h

as

been

est

ablis

hed.

The

nat

iona

l pr

ojec

t tea

m, t

oget

her w

ith

UN

CTA

D a

dvis

ors,

is w

orki

ng o

n th

e de

velo

pmen

t of A

SYCU

DA

pr

otot

ype.

Smug

glin

gW

WP/

BB

MEF

Equi

p en

forc

emen

t tea

ms

ASA

PTA

nee

ded

Ong

oing

– L

ittle

pro

gres

s du

e to

la

ck o

f fun

ds a

nd TA

.

Smug

glin

g an

d Is

sues

of

Cust

oms

Adm

inis

trat

ion

WW

P/

BBM

EFEs

tabl

ish

disp

ute

sett

lem

ent

mec

hani

smD

ecem

ber

2004

No

TA n

eede

dD

raft

Pra

kash

has

bee

n pr

epar

ed.

Awai

ting

new

Cus

tom

s La

w.

DT

IS

20

07

DTIS 2007 – Executive Summary ��

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

TR�

DE

REG

IME:

TBT

TBT

WW

PM

IME

Dra

ft L

aw o

n In

dust

rial

Stan

dard

s an

d Im

plem

entin

g Re

gula

tions

; com

plia

nce

with

Co

de o

f Goo

d Pr

actic

e

June

200

4

TA is

bei

ng

prov

ided

. Fur

ther

TA

nee

ded

with

re

spec

t to

draf

ting

regu

latio

ns.

The

draf

t law

was

app

rove

d by

the

Coun

cil o

f Min

ister

s on

17 F

ebru

ary

2006

, and

has

bee

n se

nt t

o th

e N

atio

nal A

ssem

bly.

An

impl

emen

ting

sub-

decr

ee h

as

been

dra

fted

by M

IME.

DTI

S 20

07

com

men

ts: T

he Ju

ne 2

007

law

and

su

b-de

cree

are

not

WTO

-com

plia

nt

and

cont

ains

maj

or c

once

ptua

l pr

oble

ms.

The

y sh

ould

be

revi

ewed

ag

ain

by q

ualifi

ed c

onsu

ltant

and

am

endm

ents

will

be

requ

ired.

TBT

DTI

S 20

007

MIM

E

Revi

ew e

xist

ing

Prak

as a

nd

Com

puls

ory

Stan

dard

s to

turn

th

em in

to V

olun

tary

Sta

ndar

ds

and

WTO

-com

plia

nt Te

chni

cal

Regu

latio

ns

TA n

eede

d

DTI

S 20

07 c

omm

ents

: Eig

ht

Min

iste

rial r

egul

atio

ns (P

raka

s) a

nd

48 c

ompu

lsor

y st

anda

rds

need

to b

e re

view

ed fo

r WTO

com

plia

nce

TBT

WW

PM

IME

Dev

elop

men

t of t

echn

ical

re

gula

tions

and

con

form

ity

asse

ssm

ent p

roce

dure

s20

04-2

005

TA is

bei

ng

prov

ided

. Fur

ther

TA

nee

ded

A re

gula

tion

has

been

ado

pted

on

conf

orm

ity a

sses

smen

t. Re

gula

tions

ha

ve a

lso

been

ado

pted

on

elec

tric

al

equi

pmen

t, bo

ttle

d dr

inki

ng w

ater

, ch

ili s

auce

and

vin

egar

. Nee

d to

no

tify

the

WTO

.

TBT

WW

PM

IME

Exte

nd A

SEA

N c

onfo

rmity

as

sess

men

t agr

eem

ents

to a

ll W

TO m

embe

rs (w

ith M

OC)

2004

No

TA n

eede

d

Cam

bodi

a ca

nnot

uni

late

rally

ex

tend

ASE

AN

agr

eem

ents

to th

ird

part

ies.

How

ever

, con

form

ity a

s-se

ssm

ent p

roce

dure

s sh

ould

be

the

sam

e fo

r lik

e go

ods,

rega

rdle

ss o

f th

eir o

rigin

. D

TIS

2007

com

men

t: A

t lea

st o

ne

ASE

AN

mem

ber n

eeds

to n

otify

W

TO a

bout

200

2 A

SEA

N S

ecto

ral

Mut

ual R

ecog

nitio

n Ag

reem

ent f

or

elec

tric

al a

nd e

lect

roni

c eq

uipm

ent.

TBT

WW

PM

AFF

Dev

elop

and

app

ly te

chni

cal

stan

dard

s fo

r fer

tiliz

ers

and

pest

icid

es20

07TA

nee

ded

MAF

F ha

s sta

rted

to e

stab

lish

stan

dard

s. A

Lab

orat

ory

for

anal

yzin

g pe

stic

ides

form

ulat

ion

and

pest

icid

e re

sidu

es h

as b

een

esta

blis

hed

and

oper

ated

with

WB

loan

. TA

need

ed a

nd c

ould

be

soug

ht

from

UN

DP

DTI

S 20

07 c

omm

ents

: sa

me

ctio

n fo

r che

mic

al d

yes

(impo

rtan

t to

silk

and

gar

men

t se

ctor

s)

DT

IS

20

07

DTIS 2007 – Executive Summary�0

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nch-

mar

k In

dica

tor

Stat

us a

nd C

omm

ents

as o

f Feb

ruar

y 20

07

TBT

WW

PM

OC

Exte

nd A

SEA

N c

onfo

rmity

as

sess

men

t agr

eem

ents

to a

ll W

TO M

embe

rs (w

ith M

IME)

ASA

PN

o TA

nee

ded

ASE

AN

agr

eem

ents

can

not b

e ex

tend

ed to

third

par

ties

by

Cam

bodi

a, b

ut c

onfo

rmity

as

sess

men

t pro

cedu

res

shou

ld b

e th

e sa

me

for l

ike

prod

ucts

, wha

teve

r th

eir o

rigin

. It i

s no

t cle

ar w

heth

er

this

equ

ival

ence

exi

sts

at p

rese

nt.

DTI

S 20

07 c

omm

ents

: A

t lea

st o

ne

ASE

AN

mem

ber n

eeds

to n

otify

W

TO a

bout

200

2 A

SEA

N S

ecto

ral

Mut

ual R

ecog

nitio

n Ag

reem

ent f

or e

lect

rical

and

el

ectr

onic

equ

ipm

ent.

TBT

WW

PM

IME

Subm

issi

on o

f sta

tem

ent o

n im

plem

enta

tion

(per

G/T

BT/1

)D

ate

of

acce

ssio

nTA

nee

ded

DTI

S 20

07 c

omm

ent:

Stat

emen

t was

se

nt to

RG

C M

issio

n in

Gen

eva

in

Janu

ary

2006

but

has

not

reac

hed

WTO

. RG

C sh

ould

con

sider

dire

ct

disp

atch

of n

otifi

catio

ns to

exp

edite

.

TBT

WW

PM

IME

Part

icip

ate

in th

e m

eetin

gs o

f th

e Co

mm

ittee

Ong

oing

No

TA n

eede

dO

ngoi

ng

WTO

Co

mm

ittee

on

TBT

WW

PG

enev

a M

issi

onEs

tabl

ish

and

mak

e op

erat

iona

l the

TBT

En

quiry

Poi

nt20

04

Initi

al TA

was

pr

ovid

ed b

y M

ultr

ap.

Addi

tiona

l TA

w

ill b

e ne

eded

Enqu

iry p

oint

has

bee

n se

t up

and

is

oper

atio

nal,

alth

ough

ope

ratio

ns a

re

not y

et sm

ooth

. e-

mai

l: ca

mtb

t@ca

msh

in.c

om.k

hD

TIS

2007

com

men

t: A

broc

hure

on

the

TBT

Nat

iona

l Enq

uiry

Poi

nt

shou

ld b

e pu

blish

ed. T

he IS

C w

ebsit

e co

ntai

ns u

sefu

l inf

orm

atio

n on

TBT

bu

t stil

l nee

ds fu

rthe

r wor

k, in

clud

ing

Engl

ish tr

ansla

tion

and

sum

mar

ies o

f th

e do

cum

ents

. NEP

shou

ld a

ssum

e re

spon

sibili

ty fo

r not

ifica

tions

. A

notifi

catio

n pl

an sh

ould

be

prep

ared

an

d im

plem

ente

d

TBT

WW

PM

IME

Staff

trai

ning

on

TBT

impl

emen

tatio

n20

04-2

005

TA n

eede

d

Ong

oing

pro

cess

. Tra

inin

g w

as

supp

orte

d by

EC

in th

e m

iddl

e of

20

05. F

urth

er “o

n-jo

b” tr

aini

ng is

ne

eded

. DTI

S 20

07 c

omm

ent:

A TB

T tr

aini

ng p

rogr

am fo

r gov

ernm

ent

office

rs a

nd p

rivat

e se

ctor

shou

ld

be e

stab

lishe

d.

TBT

WW

PM

IME

Publ

icat

ion

of S

tand

ards

Bu

lletin

Dec

embe

r 200

4Fu

rthe

r TA

ne

eded

Web

site

has

bee

n cr

eate

d by

MIM

E.

UN

IDO

is h

elpi

ng p

ublis

h br

ochu

res.

Stan

dard

s bu

lletin

has

be

en p

ublis

hed

in K

hmer

, but

is

not

yet

ava

ilabl

e in

Eng

lish.

DT

IS

20

07

DTIS 2007 – Executive Summary ��

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

TR�

DE

REG

IME:

SPS

SPS

WW

PN

atio

nal

Code

x Co

mm

ittee

Prep

are

sub-

decr

ee o

n fo

od

hygi

ene

and

othe

r leg

al

prov

isio

ns20

04Ad

opte

d

SPS

WW

PM

AFF

Des

ign

plan

t pes

t and

dis

ease

co

ntro

l pro

gram

and

oth

er

mea

sure

s 20

04

Mor

e TA

nee

ded

for i

mpl

emen

ting

actio

n pl

an a

nd

draf

ting

the

law

NZA

id II

and

Aus

Aid

are

prov

idin

g as

sista

nce

in c

apac

ity b

uild

ing.

Ph

ytos

anita

ry a

ctio

n pl

an h

as b

een

prep

ared

by

MAF

F. So

me

trai

ning

in

risk

man

agem

ent h

as o

ccur

red.

M

AFF

is pl

anni

ng to

dra

ft th

e La

w

on P

lant

Qua

rant

ine

and

NZA

id is

be

ing

requ

este

d fo

r TA.

The

regu

latio

n un

der S

ub-D

ecre

e N

o:15

(200

3) h

as b

een

draf

ted

as

follo

ws:

1.

Cam

bodi

an q

uara

ntin

e pe

st li

st2.

Re

gula

tion

(Pra

kas)

on

plan

t

qu

aran

tine

mat

eria

ls3.

Re

gula

tion

(Pra

kas)

on

free

char

ge fo

r pla

nt q

uara

ntin

e

in

spec

tion

4.

Regu

latio

n (P

raka

s) o

n pl

ant

quar

antin

e in

spec

tion

proc

edur

e5.

Re

gula

tion

(Pra

kas)

on

awar

d

fo

r pla

nt q

uara

ntin

e offi

cer a

nd

ot

her e

xpen

ses f

or th

eir m

issio

n6.

Su

b-de

cree

on

unifo

rm fo

r

pl

ant q

uara

ntin

e offi

cer

The

regu

latio

n un

der S

ub-D

ecre

e N

o:16

(200

3) o

n th

e co

ntro

l of

anim

al h

ygie

ne a

nd a

nim

al

prod

ucts

has

bee

n dr

afte

d as

fo

llow

:

1.

Dire

ctio

n on

the

impl

emen

tatio

n of

the

sub-

decr

ee N

o: 1

62.

R

egul

atio

n (P

raka

s) o

n

infe

ctio

us

DT

IS

20

07

DTIS 2007 – Executive Summary�2

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

prod

ucts

has

bee

n dr

afte

d as

follo

w:

1.

Dire

ctio

n on

the

impl

emen

tatio

n

of t

he su

b-de

cree

No:

16

2.

Regu

latio

n (P

raka

s) o

n in

fect

ious

dise

ases

list

3.

Re

gula

tion

(Pra

kas)

on

list o

f

goo

ds it

ems w

hich

are

subj

ect

of c

ontro

l as r

egar

ds a

nim

al

hygi

ene

and

anim

al p

rodu

cts

4.

Regu

latio

n (P

raka

s) o

n

pr

oced

ure

of c

ontro

l of a

nim

al

hyg

iene

and

ani

mal

pro

duct

s 5.

Re

gula

tion

(Pra

kas)

on

awar

d fo

r

ani

mal

offi

cer a

nd o

ther

exp

ense

s for

thei

r miss

ion

6.

Regu

latio

n (P

raka

s) o

n un

iform

for p

lant

qua

rant

ine

office

r7.

Re

gula

tion

(Pra

kas)

on

serv

ice

c

harg

e fo

r the

con

trol o

f ani

mal

h

ygie

ne a

nd a

nim

al p

rodu

cts

8.

Regu

latio

n (P

raka

s) o

n m

etho

d

of c

ontro

l of a

nim

al h

ygie

ne

a

nd a

nim

al p

rodu

cts

9.

Law

on

drug

con

trol

Sub-

decr

ee o

n tra

de fa

cilit

atio

n

th

roug

h ris

k m

anag

emen

t.

DTIS 2007 – Executive Summary�2

DT

IS

20

07

DTIS 2007 – Executive Summary ��

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

SPS

DTI

S 20

07M

AFF

Fish

ery

Cert

ifica

tion

Mor

e TA

ne

eded

Acce

lera

te p

roce

ss o

f Fis

hery

ce

rtifi

catio

n fo

r EU

mar

ket.

Cu

rren

t TA

from

EU

and

DFI

D.

SPS

WW

PN

atio

nal

Code

x Co

mm

ittee

Put i

n pl

ace

nece

ssar

y re

gula

tions

on

food

saf

ety;

se

cure

nec

essa

ry tr

aini

ng20

05TA

nee

ded

Cam

bodi

a is

goi

ng to

ado

pt

Code

x st

anda

rd th

at re

leva

nce

to C

ambo

dia.

Rev

iew

ing

Code

x st

anda

rd is

nee

ded

to

sele

ct th

e on

es th

at s

uit t

o Ca

mbo

dia

for t

he a

dopt

ion.

TA

is n

eede

d to

do

this

task

.

WTO

Co

mm

ittee

on

SPS

WW

PG

enev

a M

issi

onPa

rtic

ipat

e in

the

mee

tings

of

the

Com

mitt

eeO

ngoi

ngN

o TA

nee

ded

Ong

oing

Pest

icid

es R

isk

Ass

essm

ent

WW

PM

AFF

Dev

elop

cap

acity

to u

nder

take

ris

k as

sess

men

tJu

ne 2

005

TA n

eede

d

A la

bora

tory

for a

naly

zing

pe

stic

ide

form

ulat

ion

and

pest

icid

e re

sidu

es h

as b

een

esta

blis

hed

with

a W

B lo

an.

DTI

S 20

07 c

omm

ent:

trai

ning

in

Inte

grat

ed P

est M

anag

emen

t w

ould

be

help

ful f

or a

num

ber

of e

xpor

t cro

ps in

clud

ed

amon

g th

e 19

exp

ort p

oten

tials

SPS

WW

PN

atio

nal

Code

x Co

mm

ittee

Esta

blis

h Co

dex

libra

ry;

impl

emen

t tra

inin

g;20

04TA

nee

ded

for t

rain

ing

in

libra

rian

skill

sO

ngoi

ng p

roce

ss

Inte

r-M

inis

teria

l m

achi

nery

WW

PM

OC,

CO

MRe

-defi

ne th

e In

ter-

Min

iste

rial

Coor

dina

ting

Com

mitt

eeA

SAP

Not

nee

ded

A d

raft

sub

-dec

ree

has

been

pr

epar

ed to

est

ablis

h a

new

In

ter-

Min

iste

rial C

omm

ittee

to

impl

emen

t the

WTO

co

mm

itmen

ts. I

ts fu

ll fu

nctio

n is

exp

ecte

d so

on. A

t the

m

omen

t the

pre

viou

s Thi

nk

Tank

con

tinue

s to

car

ry o

ut

its d

uty.

Impo

rts

of P

harm

aceu

tical

sW

WP

MO

H

Am

end

Law

on

Dru

g M

anag

emen

t and

Pra

kas

No.

82 o

f 31

Mar

ch 1

999

so a

s to

allo

w a

ny fi

rm to

eng

age

in

impo

rt a

ctiv

ity

June

200

5TA

nee

ded

The

draf

t law

on

drug

m

anag

emen

t has

bee

n di

scus

sed

and

the

Coun

cil o

f Ju

rists

has

no

obje

ctio

n to

it.

The

amen

dmen

ts ta

ke in

to

cons

ider

atio

n W

TO

requ

irem

ents

and

allo

w a

ll co

mm

erci

al c

ompa

nies

in th

e co

mm

erci

al re

gist

er to

impo

rt

phar

mac

eutic

als.

DTIS 2007 – Executive Summary ��

DT

IS

20

07

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

TR�

DE

REG

IME:

TR�

DE

F�CI

LIT�

TIO

N

Trad

e/In

vest

men

t In

terf

ace

TFSI

TF

Min

istr

ies,

Agen

cies

Esta

blis

h a

cros

s-ag

ency

trad

e fa

cilit

atio

n/in

vest

men

t clim

ate

refo

rm te

amAu

gust

, 200

4TA

Nee

ded

Team

est

ablis

hed.

Fur

ther

wor

k re

quire

d on

form

aliz

ing

wor

king

ar

rang

emen

ts, c

omm

unic

atio

n pr

otoc

ols

and

deta

iled

TORs

Ove

rlaps

and

U

nnec

essa

ry

App

rova

ls

in Im

port

/Ex

port

Re

quire

men

ts

TF

Refo

rm Te

am

and

rele

vant

go

vern

men

t ag

enci

es

Und

erta

ke w

ith e

xter

nal

assi

stan

ce a

revi

ew a

nd

eval

uatio

n of

cur

rent

pro

cess

es

and

docu

men

tatio

n. Im

plem

ent

sing

le d

ecla

ratio

n fo

rm fo

r all

impo

rt/e

xpor

t req

uire

men

ts.

Revi

ew a

nd a

men

d le

gal

fram

ewor

k if

requ

ired.

Initi

ate

proc

ess

to id

entif

y lo

ng-t

erm

IT

requ

irem

ents

to fu

rthe

r st

ream

line

proc

edur

es a

nd

faci

litat

e th

e ad

optio

n of

bes

t pr

actic

es a

ppro

ache

s

Febr

uary

, 200

5

EC a

ssis

ted

and

fund

ed

the

revi

ew o

f im

port

s/ex

port

s do

cum

enta

tion.

Goo

d pr

ogre

ss re

cord

ed in

st

ream

linin

g im

port

/exp

ort

proc

edur

es. F

urth

er s

trea

mlin

ing

expe

cted

as

part

of t

he

impl

emen

tatio

n of

the

Trad

e In

form

atio

n G

atew

ay (T

IG),

whi

ch

is p

art o

f the

Wor

ld B

ank’

Tra

de

Faci

litat

ion

Proj

ect

Risk

M

anag

emen

tTF

Refo

rm Te

am

and

rele

vant

go

vern

men

t ag

enci

es

Intr

oduc

e an

ove

rall

risk

man

agem

ent s

trat

egy

and

use

it to

con

solid

ate

and

ratio

naliz

e al

l exa

min

atio

n re

quire

men

ts

of th

e di

ffere

nt c

ontro

l age

ncie

s. Co

nduc

t tra

inin

g in

risk

m

anag

emen

t for

Cus

tom

s, Ca

mco

ntro

l and

oth

er re

leva

nt

gove

rnm

ent o

ffici

als

Mar

ch, 2

006

AusA

ID a

nd

Wor

ld B

ank

assi

sted

and

fu

nded

the

Risk

M

anag

emen

t St

rate

gy w

ork.

Sub-

decr

ee o

f the

Ris

k M

anag

emen

t of S

trat

egy

pass

ed

by th

e go

vern

men

t on

Mar

ch

1, 2

006.

Im

plem

enta

tion

of th

e st

rate

gy is

ong

oing

in p

aral

lel

with

ASY

CUD

A.

DTI

S 20

07

com

men

t: en

forc

emen

t of I

PR

at th

e bo

rder

sho

uld

be m

ade

cons

iste

nt w

ith th

e ro

le o

f CED

as

lead

age

ncy

unde

r the

risk

m

anag

emen

t str

ateg

y

Perf

orm

ance

Ev

alua

tion

TFRe

form

Team

Esta

blis

h tr

ansp

aren

t sys

tem

of

per

form

ance

mea

sure

men

t in

clud

ing

priv

ate

sect

or

mon

itorin

g. To

this

end

, co

mm

ence

dia

logu

e w

ith

rele

vant

priv

ate

sect

or

orga

niza

tions

and

dev

elop

pe

rfor

man

ce in

dica

tors

and

m

easu

rem

ent m

etho

dolo

gies

.

July

, 200

5

Wor

ld B

ank

assi

sted

and

fu

nded

the

first

Pe

rfor

man

ce

Mea

sure

men

t Sy

stem

Stu

dy.

Som

e pr

ogre

ss m

ade

in re

duci

ng

the

cost

and

tim

e of

doi

ng

busi

ness

in C

ambo

dia.

The

se

cond

ass

essm

ent i

s pl

anne

d un

der t

he W

orld

Ban

k 20

07

Inve

st IC

A.

The

Role

of

TFRe

form

Ex

tern

al sp

ecia

lists

to c

ondu

ct a

Fe

brua

ry,

EC a

ssis

ted

and

The

refo

rm te

am h

as

reco

gniz

ed th

at

DTIS 2007 – Executive Summary��

DT

IS

20

07

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

Cam

cont

rol

team

, re

leva

nt

gove

rnm

ent

agen

cies

and

th

e Co

unci

l of

Min

iste

rs

com

preh

ensi

ve re

view

of t

he

role

, ope

ratio

ns a

nd m

anda

te

of C

amco

ntro

l. G

over

nmen

t to

exa

min

e re

com

men

datio

ns

of th

e re

view

and

mak

e an

y ne

cess

ary

deci

sion

s.

2005

fund

ed th

e re

view

of

impo

rts/

expo

rts

docu

men

tatio

n.

Cam

Cont

rol n

eeds

to b

e m

oder

nize

d an

d up

date

d in

ligh

t of

the

mat

urity

of t

he e

cono

my,

th

e pr

ivat

e se

ctor

’s ab

ility

to

dete

rmin

e qu

ality

and

its

trad

ing

rela

tions

. The

Min

istr

y of

Com

mer

ce s

ent t

he re

port

to

the

Coun

cil o

f Min

iste

rs w

ith it

s re

com

men

datio

n. In

June

200

5,

the

coun

cil o

f Min

iste

rs d

ecid

ed

to re

invi

gora

te C

amco

ntro

l.

Trad

e Fa

cilit

atio

n at

the

Port

of

Siha

nouk

ville

TFRe

form

team

an

d Co

unci

l of

Min

iste

rs

Des

ign

and

impl

emen

t a

‘sing

le w

indo

w’ a

ppro

ach

to

trad

e fa

cilit

atio

n in

the

port

of

Sih

anou

kvill

e. To

this

end

, re

view

and

am

end

the

lega

l fr

amew

ork

to re

mov

e an

y ob

stac

les

to a

dopt

ion

of a

‘si

ngle

win

dow

’; es

tabl

ish

appr

opria

te p

hysi

cal

infr

astr

uctu

re a

nd fa

cilit

ies

to a

llow

a ‘s

ingl

e w

indo

w’ t

o op

erat

e; c

ondu

ct tr

aini

ng fo

r bo

rder

man

agem

ent a

genc

ies

Dec

embe

r 20

06

The

com

pone

nt

has

been

dr

oppe

d

N/A

The

RGC

has d

ecid

ed to

impl

emen

t th

e N

atio

nal S

ingl

e W

indo

w in

CED

, at

a la

ter t

ime,

in a

gra

dual

man

ner,

usin

g AS

YCU

DA

as it

s pla

tform

, an

d fo

llow

ing

the

ASEA

N S

ingl

e W

indo

w sc

hedu

le. T

he A

SEAN

Si

ngle

Win

dow

pro

cess

requ

ires

Cam

bodi

a to

com

plet

e im

plem

enta

tion

by 2

012.

The

W

orld

Ban

k ha

s re-

allo

cate

d th

e fu

nds t

o su

ppor

t oth

er tr

ade

faci

litat

ion

mea

sure

s.

Bord

er F

ees

TF

Refo

rm te

am

and

rele

vant

m

inis

trie

s an

d ag

enci

es

Intr

oduc

e a

WTO

-com

patib

le

flat f

ee fo

r bor

der s

ervi

ces

to

ratio

naliz

e an

d co

nsol

idat

e th

e va

rious

fees

cur

rent

ly

colle

cted

. To

this

end

, rev

iew

al

l cur

rent

fees

to d

eter

min

e co

mpa

tibili

ty w

ith W

TO

prov

isio

ns; d

esig

n an

d im

plem

ent n

ew fe

e sy

stem

an

d st

ruct

ure;

des

ign

and

impl

emen

t web

site

list

ing

fees

an

d re

leva

nt in

form

atio

n.

Dec

embe

r, 20

08TA

requ

ired

A W

TO-c

ompa

tible

flat

fee

for

serv

ice

has

yet t

o be

intr

oduc

ed.

DTIS 2007 – Executive Summary ��

DT

IS

20

07

DTIS 2007 – Executive Summary��

DI

TS

20

07

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

Regi

stra

tion

in th

e Co

mm

erci

al

Regi

ster

TFRe

form

te

am a

nd

MO

C

Stre

amlin

e th

e pr

oces

s an

d re

duce

the

cost

of r

egis

try

in th

e Co

mm

erci

al R

egis

ter.

To th

is e

nd, r

educ

e re

gist

ratio

n fe

es; d

ecen

tral

ize

the

regi

stra

tion

proc

ess;

de

crea

se th

e ca

pita

l re

quire

men

t to

the

min

imum

po

ssib

le; i

ntro

duce

an

elec

tron

ic re

gist

ratio

n sy

stem

; an

d co

nduc

t tra

inin

g fo

r re

leva

nt o

ffici

als

Dec

embe

r 200

5

Dec

embe

r, 20

08

(sch

edul

e to

in

trod

uce

an

elec

tron

ic

regi

stra

tion

syst

em

Wor

ld B

ank

is

assi

stin

g.

Ass

ista

nce

from

ot

her d

onor

s ne

eded

Ong

oing

.

Regi

stra

tion

for

Tax

Purp

oses

TFM

EF[?

]

Har

mon

ize

the

regi

stra

tion

for

VAT,

inco

me

tax

and

com

pany

re

gist

ratio

n, u

sing

the

sam

e fo

rm a

nd re

sulti

ng in

the

sam

e un

ique

iden

tifica

tion

num

ber

??

?

Prom

otin

g G

ood

Corp

orat

e Ci

tizen

ship

TFRe

form

te

am a

nd

MO

C

Impl

emen

t a n

atio

nal a

war

d fo

r goo

d co

rpor

ate

citiz

ensh

ip.

To th

is e

nd, e

stab

lish

an

asse

ssm

ent c

omm

ittee

; co

nduc

t sem

inar

s an

d w

orks

hops

; im

plem

ent a

nd

mon

itor.

[Not

e: A

ctiv

ities

as

soci

ated

with

this

initi

ativ

e ar

e cu

rren

tly b

eing

un

dert

aken

by

the

Min

istr

y of

Com

mer

ce]

Febr

uary

, 200

5TA

nee

ded

The

first

nat

iona

l aw

ard

for

good

cor

pora

te c

itize

nshi

p w

as

held

in 2

005.

No

plan

yet

to d

o th

e se

cond

one

.

Mon

itorin

g an

d Re

port

ing

TFM

OC

and

Wor

ld B

ank

Und

erta

ke m

onito

ring

and

repo

rtin

gJu

ly, 2

005

TA n

eede

d

Firs

t mon

itorin

g w

as d

one

in

July

200

5 un

der t

he W

orld

Ban

k fu

nded

stu

dy. T

he s

econ

d as

sess

men

t is

plan

ned

unde

r th

e W

orld

Ban

k 20

07 IC

A.

DTIS 2007 – Executive Summary �7

DI

TS

20

07

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

INV

ESTM

ENT

CLIM

�TE:

LEG

�L

FR�

MEW

ORK

App

eals

Pr

oces

sW

WP

MO

JD

raft

Law

on

Judi

cial

O

rgan

izat

ion

Dec

embe

r 20

04N

o TA

nee

ded

The

final

dra

ft h

as b

een

com

plet

ed,

disc

usse

d in

the

Wor

king

Gro

up a

nd

exam

ined

by

the

Supr

eme

Coun

cil o

f the

M

agis

trac

y. T

he d

raft

has

bee

n se

nt to

the

Coun

cil o

f Min

iste

rs a

nd p

endi

ng fo

r deb

ate

at in

ter-

min

iste

rial m

eetin

g. T

he la

w a

llow

s sp

ecia

l cou

rts

to b

e es

tabl

ishe

d.

Civi

l Law

WW

PM

OJ

Dra

ft a

nd im

plem

ent

Civi

l Cod

e20

04TA

is b

eing

pro

-vi

ded.

Has

bee

n ad

opte

d by

the

Coun

cil o

f M

inis

ters

and

sub

mitt

ed to

the

Nat

iona

l A

ssem

bly.

It i

s be

ing

deba

ted

by th

e le

gal

depa

rtm

ent o

f the

NA

.

Civi

l Law

WW

PM

OJ

Dra

ft a

nd im

plem

ent

Civi

l Pro

cedu

ral C

ode

2004

TA is

bei

ng p

ro-

vide

d.

Prom

ulga

ted

in Ju

ly 2

006.

Not

yet

impl

emen

ted.

Mus

t be

impl

emen

ted

with

in o

ne y

ear o

f pro

mul

gatio

n.

Crim

inal

Law

WW

PM

OJ

Dra

ft C

rimin

al C

ode

2005

TA is

bei

ng p

ro-

vide

d.

Has

bee

n su

bmitt

ed to

the

Coun

cil o

f M

inis

ters

. The

Cou

ncil

of Ju

rists

has

no

obje

ctio

n to

the

curr

ent d

raft

. It i

s be

ing

disc

usse

d by

the

Inte

r-M

inis

teria

l Com

mitt

ee.

Crim

inal

Law

WW

PM

OJ

Dra

ft C

rimin

al

Proc

edur

al

Code

2005

TA is

bei

ng p

ro-

vide

d.

The

draf

t was

on

the

agen

da o

f Cou

ncil

of M

inis

ter’s

Ple

nary

Mee

ting

(Frid

ay 2

5th

Augu

st 2

006)

and

has

bee

n ad

opte

d.

Com

mer

cial

Co

urt

WW

PM

OC

Pass

law

est

ablis

hing

th

e co

mm

erci

al c

ourt

June

, 200

5

UN

DP

is fu

ndin

g on

e le

gal e

xper

t to

revi

ew d

raft

la

w. S

tart

ing

Feb-

ruar

y 20

07, t

o la

st

two

mon

ths.

Bein

g re

view

ed a

t MO

C. T

here

are

diff

eren

t ap

proa

ches

by

MO

C an

d M

OJ.

MO

J int

ends

to

set

up

spec

ial c

ham

bers

of r

egul

ar c

ourt

s de

dica

ted

to c

omm

erci

al is

sues

. The

dra

ft

Law

on

Judi

cial

Org

aniz

atio

n al

low

s fo

r th

e es

tabl

ishm

ent o

f spe

cial

cou

rts,

so a

co

mm

erci

al c

ourt

cou

ld b

e es

tabl

ishe

d af

ter

this

Law

is a

dopt

ed. T

he q

uest

ion

is h

ow th

e pr

oced

ures

in a

com

mer

cial

cou

rt w

ould

di

ffer f

rom

thos

e of

a c

omm

erci

al c

ham

ber i

n a

regu

lar c

ourt

. As

of F

ebru

ary

2007

, RG

C ha

s ta

ken

the

deci

sion

to a

llow

co

mm

erci

al c

ourt

s to

be

crea

ted

as s

peci

al

cour

ts. D

raft

law

has

bee

n pr

epar

ed a

nd is

be

ing

revi

ewed

by

MoC

.

DTIS 2007 – Executive Summary��

DI

TS

20

07

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

Com

mer

cial

A

rbitr

atio

nW

WP

MO

CD

raft

law

on

com

mer

cial

ar

bitr

atio

n1

Janu

ary

2005

No

TA N

eede

d

Adop

ted

and

prom

ulga

ted

onJu

ne 1

9, 2

005.

Act

ion

com

plet

ed

Lega

l Fr

amew

ork

for

Busin

ess

WW

PM

OC

Dra

ft L

aw o

n Co

mm

erci

al

Ente

rpris

es

Early

200

4N

o TA

Nee

ded

The

draf

t law

has

bee

n re

view

ed b

y th

e Co

unci

l of

Juris

ts.

Lega

l Fr

amew

ork

for

Busi

ness

WW

PM

OC

Dra

ft In

solv

ency

Law

ASA

PN

o TA

Nee

ded

Bein

g Re

view

ed b

y th

e 2nd

Com

mis

sion

of t

he N

atio

nal

Ass

embl

y. E

xpec

ted

to p

ass

in

Mar

ch 2

007

Lega

l Fr

amew

ork

for

Busi

ness

WW

PM

OC

Dra

ft S

ecur

ed T

rans

actio

n La

wA

SAP

TA is

bei

ng

prov

ided

Bein

g re

view

ed b

y M

OC.

Ex

pect

ed to

pas

s in

200

6

Lega

l Fr

amew

ork

for

Busi

ness

WW

PM

OC

Dra

ft C

omm

erci

al

Cont

ract

s La

wA

SAP

No

TA N

eede

dTh

e dr

aft h

as b

een

com

plet

ed b

y M

OC

Lega

l Fr

amew

ork

for

Busi

ness

WW

PM

OC

Dra

ft C

omm

erci

al

Agen

cy L

aw20

05N

o TA

Nee

ded

Bein

g dr

afte

d by

Nat

iona

l Ba

nk o

f Cam

bodi

a

Lega

l Fr

amew

ork

for

Busi

ness

WW

PN

BCD

raft

Com

mer

cial

Le

asin

g La

w20

05N

o TA

Nee

ded

The

sub-

decr

ee w

as a

dopt

ed

on 2

7 Se

ptem

ber 2

005.

Ta

sk c

ompl

eted

.

Inve

stm

ent

Law

WW

PCD

C

Dra

ft im

plem

entin

g su

b-de

cree

of t

he la

w o

n th

e am

endm

ent o

f the

LO

I, by

in

crea

sing

com

plia

nce

with

TR

IMS

2004

TA n

eede

dTh

e su

b-de

cree

was

ado

pted

on

27

Sept

embe

r 200

5. T

ask

com

plet

ed.

Inve

stm

ent

Law

WW

PCD

CN

otify

“sub

sidi

es” (

wai

ver o

f cu

stom

s du

ties

for s

ome

inve

s-to

rs) t

o W

TO

Dat

e of

ac

cess

ion

TA n

eede

dW

ork

is u

nder

way

.

Fish

ing

WW

PM

AFF

Dra

ft F

ishe

ries

Law

arbi

trat

ion

No

TA n

eede

d

The

Fish

erie

s La

w w

as

adop

ted

by th

e N

atio

nal

Ass

embl

y on

30th

Mar

ch 2

006

and

prom

ulga

ted

by H

is

Maj

esty

the

King

on

21 M

ay

2006

.

DTIS 2007 – Executive Summary ��

DI

TS

20

07

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

INV

ESTM

ENT

CLIM

�TE:

TR�

NSP

�RE

NCY

�N

D C

OM

PETI

TIO

N

Com

petit

ion

Polic

yW

WP

MO

CD

raft

law

ASA

PU

NC

TAD

is

prov

idin

g TA

Econ

omic

map

ping

out

by

Mul

trap

co

mpl

eted

. Tw

o w

orks

hops

hav

e be

en h

eld.

U

NC

TAD

has

ass

iste

d in

the

prep

arat

ion

of a

dr

aft l

aw. T

he d

raft

has

bee

n ex

amin

ed b

y a

wor

king

gro

up s

et u

p by

MoC

. Fin

al d

raft

is

read

y. M

oC p

lann

ing

stak

ehol

der w

orks

hop

to o

btai

n co

mm

ents

and

inpu

ts.

Trad

ing

Righ

tsW

WP

MO

C

Verif

y th

at a

ll re

gist

ered

firm

s co

uld

enga

ge in

impo

rt a

nd

expo

rt o

f all

type

s of

go

ods

ASA

PN

ot n

eede

dIs

sue

aris

es w

ith re

gard

to p

harm

aceu

tical

s, fe

rtili

zers

and

pes

ticid

es. S

ee th

e re

leva

nt

entr

ies

belo

w.

Ant

i-dum

ping

, Sa

fegu

ards

and

Co

unte

rvai

ling

Mea

sure

s

WW

PM

OC

Dra

ft le

gisl

atio

n1

Janu

ary

2005

TA N

eede

dD

raft

ing

is u

nder

way

in th

e M

oC.

Ant

i-dum

ping

, Sa

fegu

ards

and

Co

unte

rvai

ling

Mea

sure

s

WW

PM

OC

Not

ify re

leva

nt

legi

slat

ion

and

regu

-la

tions

to W

TO

ASA

P af

ter

adop

tion

of la

ws

No

TA n

eede

dAw

aitin

g th

e la

w to

be

pass

ed fi

rst.

QRs

on

Fert

ilize

rs,

Pest

icid

es

and

othe

r Ag

ricul

tura

l In

puts

WW

PM

OC

Elim

inat

e Q

Rs a

nd

esta

blis

h W

TO-

cons

iste

nt m

etho

ds

for r

egis

trat

ion

and

revi

ew

June

200

5

TA is

nee

ded

to

esta

blis

h pr

oced

ures

for

man

agin

g do

mes

tic

dist

ribut

ion.

QRs

hav

e be

en e

limin

ated

by

a m

inis

teria

l ci

rcul

ar in

rega

rds

to b

oth

fert

ilize

r and

pe

stic

ides

. How

ever

, pes

ticid

es in

the

extr

emel

y to

xic

cate

gory

are

ban

ned,

and

an

othe

r gro

up o

f hig

h to

xic

pest

icid

es w

ill

be a

llow

ed o

nly

in e

mer

genc

y si

tuat

ions

. A

labo

rato

ry fo

r the

ana

lysi

s of

fert

ilize

r and

pe

stic

ides

has

bee

n es

tabl

ishe

d an

d op

erat

es. P

ost r

egis

trat

ion

mea

sure

s ha

ve

been

mon

itore

d by

MA

FF/D

AL.

Impo

rter

s of

ag

ricul

ture

mat

eria

ls n

eed

to in

form

MA

FF a

t le

ast 1

0 da

ys b

efor

e th

e da

te o

f im

port

atio

n.

MA

FF s

hall

insp

ect t

he im

port

ed a

gric

ultu

re

mat

eria

ls a

t per

man

ent w

areh

ouse

, whi

ch

shal

l be

iden

tified

DTIS 2007 – Executive Summary�0

DT

IS

20

07

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

by th

e im

port

ers.

Sam

ple

of a

gric

ultu

re

mat

eria

ls sh

all b

e co

llect

ed fo

r la

bora

tory

test

to e

nsur

e st

anda

rd

verifi

catio

n. L

egal

fram

ewor

k on

ag

ricul

ture

mat

eria

ls m

anag

emen

t

1.

Sub-

decr

ee N

o: 6

9/28

-10-

1998

2.

MAF

F ci

rcul

ar fo

r im

plem

enta

tion

of su

b-de

cree

69

No:

345

21-

10-

2002

Insp

ectio

n at

war

ehou

se

befo

re sa

le a

nd u

se a

re o

pera

ted

3.

Prom

ulga

tion

No:

589

/15-

12-2

003

on th

e lis

t of p

estic

ides

pe

rmitt

ed, r

estr

icte

d an

d ba

nned

for u

se in

Cam

bodi

a.4.

Pr

omul

gatio

n N

o: 2

04/1

2-Ju

ly-2

004

f

orm

at o

f app

licat

ion

form

for

regi

stra

tion,

impo

rtat

ion

and

trade

lic

ense

.5.

D

ecla

ratio

n N

o: 3

56/2

59-1

0-20

02

o

n th

e or

gani

zatio

n an

d

fu

nctio

ning

of t

he d

epar

tmen

t of

agric

ultu

ral l

egisl

atio

n 6.

Jo

int d

ecla

ratio

n N

o: 0

2/26

-10-

2004

betw

een

MAF

F an

d M

OJ o

n th

e

cr

eatio

n an

d re

cogn

ition

of j

udic

ial

polic

e of

agr

icul

tura

l mat

eria

ls.7.

D

ecla

ratio

n N

o: 1

85/0

9-06

-06

on

th

e pr

omul

gatio

n of

new

form

at fo

r

ag

ricul

ture

mat

eria

ls im

port

atio

n.8.

O

ther

lega

l mea

sure

s of M

AFF

9.

Circ

ular

on

mea

sure

for

stre

ngth

enin

g m

anag

emen

t of

agric

ultu

ral i

nput

s for

trad

e ha

ve

be

en d

rafte

d.10

. The

Sub

-dec

ree

on a

gric

ultu

ral

inpu

ts m

ater

ials

man

agem

ent

have

bee

n co

mpl

eted

dra

ft un

der

ADB

loan

No:

2022

-CAM

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

Tran

spar

ency

BBCD

C,

Parli

amen

t

Prod

uce

a co

mpl

ete

set o

f offi

cial

tran

slat

ions

of

busi

ness

-rel

ated

law

s in

coo

pera

tion

with

an

inte

rnat

iona

l law

fir

m in

Cam

bodi

a

2007

TA n

eede

dD

TIS

2007

com

men

t: N

ot fe

asib

le to

pr

ovid

e fu

ll su

bscr

iptio

n se

rvic

e fo

r Eng

lish

tran

slat

ions

Tran

spar

ency

WW

PO

CM

Publ

ish

prop

osed

m

easu

res

pert

aini

ng

to tr

ade

and

allo

w n

o le

ss th

an 3

0 da

ys fo

r co

mm

ent.

ASA

PTA

nee

ded.

Mor

e TA

Nee

ded

(NID

A-K

orea

)

Each

Min

istr

y to

take

the

nece

ssar

y st

eps.

Ther

e w

ill b

e an

Anu

kret

requ

iring

this

.

Tran

spar

ency

WW

PO

CM

Esta

blis

h or

des

igna

te

offici

al jo

urna

l or

web

site

ded

icat

ed

to th

e pu

blic

atio

n of

regu

latio

ns, e

tc.,

affec

ting

trad

e

1 Ja

nuar

y 20

04

Law

s, A

nukr

et a

nd P

raka

s ha

ve b

een

post

ed

in K

hmer

. Nee

d to

incl

ude

thos

e ju

dici

al

deci

sion

s av

aila

ble

from

the

Supr

eme

Cour

t w

ebsi

te. N

eed

to in

clud

e ad

min

istr

ativ

e de

cisi

ons.

Nee

d CO

M d

ecis

ion

requ

iring

pu

blic

atio

n of

all

adm

inis

trat

ive

deci

sion

s. 80

% to

90%

of w

ork

com

plet

ed.

All

docu

men

ts to

be

tran

slat

ed in

to E

nglis

h.

Tran

spar

ency

WW

P

All

Min

istr

ies

and

Agen

cies

Publ

ish

draf

t law

s an

d dr

aft r

egul

atio

ns

for c

omm

ent 3

0 da

ys b

efor

e th

ey a

re

adop

ted

2004

No

TA n

eede

dSu

b-de

cree

may

be

need

ed to

ens

ure

com

plia

nce

by m

inis

trie

s.

INV

ESTM

ENT

CLIM

�TE:

PRO

MO

TIN

G IN

VES

TMEN

T FO

R TR

�D

E

Inve

stm

ent

Prom

otio

nBB

CDC

Impl

emen

t a ta

rget

ed

inve

stm

ent

prom

otio

n st

rate

gy,

star

ting

with

ligh

t m

anuf

actu

ring,

in

clud

ing

agro

-pro

cess

ing

2008

TA n

eede

dD

TIS

2007

com

men

t: Sh

ould

follo

w p

erfo

r-m

ance

and

nee

ds a

sses

smen

t of C

IB a

s a

who

le

Inve

stm

ent

Prom

otio

nD

TIS

2007

CIB,

CD

CPe

rfor

man

ce a

nd

need

s as

sess

men

t of

CIB

as a

who

le20

07TA

nee

ded

DTI

S 20

07 c

omm

ent:

CIB

pres

ently

lack

s ca

paci

ty to

impl

emen

t BB

mea

sure

s

Inve

stm

ent

Prom

otio

nBB

CIB,

oth

er

rele

vant

min

-is

trie

s an

d ag

enci

es

Trai

n offi

cial

s in

go

vern

men

t in

stitu

tions

in

tech

nica

l dea

ling

with

inve

stor

s (c

lient

or

ient

atio

n)

2007

TA n

eede

d

DTIS 2007 – Executive Summary ��

DT

IS

20

07

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

agen

cies

Inve

stm

ent

Prom

otio

nBB

CDC,

CIB

Inst

all a

n in

vest

or

trac

king

sys

tem

2007

TA n

eede

d

DTI

S 20

07 c

omm

ent:

Com

pute

r eq

uipm

ent,

syst

em, a

nd tr

aini

ng

requ

ired.

Wor

ld B

ank

assi

stan

ce

unde

rway

Inve

stm

ent

Prom

otio

nBB

CDC

and

othe

r re

leva

nt

min

istr

ies

and

agen

cies

Initi

ate

pilo

t pro

gram

s in

th

e ga

rmen

t and

agr

o-pr

oces

sing

sec

tors

des

igne

d to

bui

ld s

uppl

ier r

elat

ions

hips

be

twee

n fo

reig

n an

d do

mes

tic

firm

s. A

s a

first

ste

p, e

stab

lish

a Bu

sine

ss L

inka

ges T

ask

Forc

e

2008

TA n

eede

d

Inve

stm

ent

Prom

otio

nBB

CIB

Dev

elop

faci

litat

ion

and

afte

rcar

e se

rvic

es u

nits

w

ithin

CIB

2008

TA n

eede

d

Inve

stm

ent

Prom

otio

nBB

CDC

Enha

nce

the

mon

itorin

g sy

s-te

m to

trac

k pr

oble

ms

rais

ed b

y th

e W

orki

ng G

roup

of t

he G

ov-

ernm

ent-

Priv

ate

Sect

or F

orum

an

d th

e pr

ogre

ss a

chie

ved

in

over

com

ing

thos

e pr

oble

ms

2007

TA n

eede

dW

orld

Ban

k ha

s de

velo

ped

prot

otyp

e

Inve

stm

ent

Prom

otio

nBB

Phno

m P

enh

Cham

ber o

f Co

mm

erce

Build

up

web

-bas

ed

info

rmat

ion

serv

ice

of th

e Ca

mbo

dian

Cha

mbe

r of

Com

mer

ce to

sup

port

SM

Es

and

othe

r bus

ines

ses

2007

TA n

eede

d

DTI

S 20

07 c

omm

ent:

Fina

ncia

l pr

oble

ms

have

slo

wed

wor

k to

war

d cr

eatin

g co

mpr

ehen

sive

da

taba

se fo

r mem

bers

. Ini

tial

aim

is to

pro

vide

web

-link

s an

d m

embe

rs d

irect

ory

Inve

stm

ent

Prom

otio

nBB

Prov

inci

al

Cham

bers

of

Com

mer

ce

Supp

ort e

stab

lishm

ent o

f pro

-vi

ncia

l Cha

mbe

rs o

f Com

mer

ce20

07TA

nee

ded

Prov

inci

al c

ham

bers

are

bei

ng

esta

blis

hed

with

UN

ESCA

P as

-si

stan

ce

Inve

stm

ent

Prom

otio

nD

TIS

2007

CDC

Und

erta

ke re

view

of F

DI

stra

tegy

2009

TA n

eede

d

Com

preh

ensi

ve s

tudy

of F

DI

mai

nstr

eam

ing

and

deep

enin

g to

fost

er s

usta

inab

ility

and

de

velo

pmen

t im

pact

Spec

ial

Econ

omic

Zo

nes

(SEZ

s)W

WP

MO

C, M

IME,

CD

C

Dra

ft L

aw o

n Ex

port

Pr

oces

sing

Zon

es

(with

CD

C an

d M

IME)

ASA

PN

o TA

nee

ded

Sub-

decr

ee o

n SE

Z ad

opte

d on

29

Dec

embe

r 200

5. A

dra

ft la

w

on S

EZ i

s un

der p

repa

ratio

n by

CD

C.

SEZ

Elec

tric

ityD

TIS

2007

CDC,

MIM

EEn

able

larg

e SE

Z us

ers

to

cont

ract

pow

er d

irect

ly fr

om

IPPs

2007

Incl

ude

in

IFC

Bear

ing

Poin

t TA

Inve

stig

ate

if le

gal c

hang

e is

re

quire

d. P

ricin

g re

gim

e fo

r use

of

ED

C tr

ansm

issi

on is

nee

ded.

In

clud

e in

SEZ

law

DTIS 2007 – Executive Summary�2

DT

IS

20

07

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

SEZ

Tele

com

sD

TIS

2007

CDC,

Min

istr

y of

Pos

t and

Te

leco

ms

Enab

le S

EZs

to

prov

ide

inte

rnat

iona

l ga

tew

ays

for v

oice

, da

ta, a

nd In

tern

et

2007

Incl

ude

in IF

C Be

arin

g Po

int T

A

FDI

DTI

S 20

07CD

C

Am

end

law

on

inve

stm

ent t

o m

ake

FDI t

reat

men

t and

pr

otec

tion

avai

labl

e to

al

l for

eign

inve

stor

s

2007

No

TA n

eede

dCu

rren

tly o

nly

FDI i

n Q

ualifi

ed In

vest

men

t Pr

ojec

ts a

re e

ligib

le

FDI

DTI

S 20

07M

oEF

Redu

ce ra

te o

f di

vide

nd w

ithho

ldin

g ta

x (D

WT)

.20

07N

o TA

nee

ded

Addi

tiona

l pro

fit ta

x on

div

iden

ds n

eutr

aliz

es

ince

ntiv

es, e

spec

ially

whe

n 14

% D

WT

appl

ied

to n

on-r

esid

ents

. Red

uce

unila

tera

lly o

r via

do

uble

tax

trea

ties.

FDI

DTI

S 20

07M

oEF

Neg

otia

te D

oubl

e Ta

xatio

n Tr

eatie

s (D

TTs)

2007

and

on

goin

gTA

nee

ded

Cam

bodi

a ha

s no

DTT

s. N

etw

ork

shou

ld b

e de

velo

ped

to e

ncou

rage

fore

ign

inve

stor

s

Impo

rt D

utie

sD

TIS

2007

CDC,

MoE

F

Perm

it al

l SEZ

su

pplie

rs a

nd e

xpor

t pr

oduc

ers

to h

ave

duty

ince

ntiv

es g

iven

to

QIP

s

2007

Incl

ude

in IF

C Be

arin

g Po

int T

AIn

clud

e in

SEZ

law

Valu

e Ad

ded

Tax

DTI

S 20

07M

oEF

Perm

it al

l SEZ

su

pplie

rs a

nd e

xpor

t pr

oduc

ers

to h

ave

VAT

ince

ntiv

es g

iven

to

QIP

s

2007

Incl

ude

in IF

C Be

arin

g Po

int T

AIn

clud

e in

SEZ

law

SEZ

Adm

inis

trat

ive

Serv

ices

DTI

S 20

07

CDC,

M

inis

trie

s st

atio

ned

in

SEZ

Dev

elop

gui

delin

es

for s

alar

y to

p-up

s, al

low

ance

s, an

d be

nefit

s pa

id b

y de

velo

pers

to

gove

rnm

ent o

ffice

rs

stat

ione

d in

SEZ

s

2007

No

TA n

eede

dIn

clud

e as

regu

latio

n to

SEZ

law

SEZ

Revi

ewD

TIS

2007

CDC

Revi

ew o

f exp

erie

nce

gain

ed in

SEZ

dev

el-

opm

ent

2010

TA n

eede

dEv

alua

tion

of p

olic

y de

sign

and

dev

elop

er

oblig

atio

ns to

mee

t obj

ectiv

es o

f SEZ

s

INV

ESTM

ENT

CLIM

�TE:

SER

VIC

ES

Arc

hite

ctur

eW

WP

MLM

UPC

Dra

ft la

w s

ettin

g ou

t pro

fess

iona

l qu

alifi

catio

ns. C

on-

side

r est

ablis

hing

a

Boar

d of

Arc

hite

cts

2005

TA n

eede

dO

ngoi

ng. T

A is

bei

ng p

rovi

ded

by

EU M

ultr

ap. F

irst d

raft

s ha

ve b

een

com

plet

ed

by E

U e

xper

ts a

nd a

re b

eing

revi

ewed

DTIS 2007 – Executive Summary ��

DT

IS

20

07

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

Cons

truc

tion

WW

PM

LMU

PCD

raft

law

est

ablis

hing

pr

ofes

sion

al q

ualifi

catio

ns

2005

TA n

eede

d

Engi

neer

ing

WW

PD

raft

law

est

ablis

hing

pr

ofes

sion

al q

ualifi

catio

ns20

05TA

nee

ded

Insu

ranc

e an

d Re

-insu

ranc

eW

WP

MEF

Revi

se la

w o

n In

sura

nce

and

prep

are

regu

latio

nsTA

nee

ded

MEF

dec

ided

to re

vise

th

e A

nukr

et, n

ot th

e la

w.

The

Dep

artm

ent r

ecei

ved

the

appr

oval

from

Sen

ior M

inis

ter t

o re

vise

the

Anu

kret

, but

wor

k ha

s no

t yet

beg

un. T

he D

epar

tmen

t of

Fin

anci

al In

dust

ry is

cur

rent

ly

draf

ting

the

Anu

kret

on

life

insu

ranc

e. A

sem

inar

on

this

to

pic

will

hel

d on

22n

d Fe

b 07

, be

fore

sub

mis

sion

to C

oM.

Tele

com

mun

icat

ion

WW

PM

PTC

Dra

ft la

w o

n Te

le-c

omm

unic

atio

n th

at

sepa

rate

s op

erat

ions

from

re

gula

tion

2004

TA is

bei

ng

prov

ided

by

AD

B an

d W

B

Sub-

decr

ee to

est

ablis

h Te

leco

m

of C

ambo

dia

(TC)

as

a pu

blic

en

terp

rise

appr

oved

by

SPM

on

12

Janu

ary

2005

. Tel

ecom

Ca

mbo

dia

and

MPT

C be

cam

e le

gally

and

phy

sica

lly d

istin

ct

on 1

Janu

ary

2006

. A d

raft

Roy

al

Dec

ree

sett

ing

up a

regu

lato

ry

body

with

in M

PTC

has

been

dr

afte

d. A

sub

-dec

ree

will

spe

ll ou

t the

str

uctu

re, p

ower

and

re

spon

sibi

lity

of th

e re

gula

tory

bo

dy. D

raft

Law

on

Tele

com

has

be

en s

ubm

itted

to th

e Co

unci

l of

Min

iste

rs. E

xam

inat

ion

by

Coun

cil o

f Jur

ists

is fi

nish

ed. I

s be

ing

disc

usse

d by

OBS

ESS.

TA

to d

raft

the

law

on

tele

com

was

co

mpl

eted

.

Tele

com

mun

icat

ion

WW

PM

PTC

Prep

are

plan

of a

ctio

n co

ntai

ning

ste

ps n

eces

sary

to

mee

t com

mitm

ent i

n 20

0820

04-2

005

TA is

bei

ng

prov

ided

Actio

n pl

an w

ith c

lear

tim

efra

me

for i

mpl

emen

tatio

n w

as m

ade.

M

PTC

will

sub

mit

this

act

ion

plan

to M

oC.

Mob

ile P

hone

sW

WP

MPT

CD

evel

op o

bjec

tive

and

tran

spar

ent c

riter

ia fo

r iss

uing

lic

ense

s in

this

are

a20

04TA

is b

eing

pr

ovid

edTh

e cr

iteria

for i

ssui

ng li

cens

es

will

be

deve

lope

d w

ith a

ssis

-ta

nce

from

AD

B.

Road

Tra

nspo

rtW

WP

MPW

TD

raft

law

on

tran

spor

t re

gula

ting

sect

or20

04TA

nee

ded

The

draf

t Law

on

Road

Tra

ffic

has

been

app

rove

d by

the

Coun

cil

of M

inis

ters

and

was

sen

t to

the

Nat

iona

l Ass

embl

y on

23

Janu

ary

2006

DTIS 2007 – Executive Summary��

DT

IS

20

07

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

Acce

ss to

Mar

itim

e Se

rvic

esW

WP

MPW

TEn

sure

that

dra

ft L

aw o

n M

ariti

me

Tran

spor

t con

tain

s pr

ovis

ions

cov

erin

g “a

dditi

onal

co

mm

itmen

ts”

2004

TA b

eing

pr

ovid

ed b

y Be

lgiu

m

Dra

ftin

g of

a M

ariti

me

Code

is

goi

ng fo

rwar

d in

sta

ges.

As

draf

ting

is c

ompl

eted

, it i

s se

nt

to a

Bel

gian

mar

itim

e la

wye

r fo

r rev

iew

. Bel

gian

exp

ert h

as

revi

ewed

the

full

text

of t

he

draf

t. W

ork

is e

xpec

ted

to b

e co

mpl

eted

by

the

Min

istr

y by

th

e en

d of

200

6. A

dra

ft s

ub-

decr

ee o

n M

anag

emen

t of

Carg

o an

d Pa

ssen

ger T

rans

por-

tatio

n ha

s be

en p

repa

red.

Bank

ing

WW

PN

BCPr

epar

e an

d ad

opt L

aw o

n N

egot

iabl

e In

stru

men

ts a

nd

Paym

ents

Tra

nsac

tions

2004

No

TA n

eede

d

The

Nat

iona

l Ass

embl

y ad

opte

d th

e la

w o

n 19

Sep

tem

ber 2

005.

Ta

sk c

ompl

eted

, but

TA n

eede

d fo

r dra

ftin

g th

e im

plem

entin

g su

b-de

cree

. Thr

ee p

raka

sh h

ave

been

put

into

effe

ct:

1- P

raka

sh o

n Co

ntro

l of

s

yste

mat

ic ri

sk o

f Pay

men

t

Sys

tem

.2-

Pra

kash

on

Paym

ent

C

lear

ing

Syst

em.

3- P

raka

sh o

n O

pera

tions

of

S

ettle

men

t Acc

ount

sO

ne is

stil

l bei

ng d

raft

ed:

4- P

raka

sh o

n Li

cens

ing

of

Mon

ey T

rans

mis

sion

Bank

ing

WW

PN

BCCo

nsid

er p

repa

ring

regu

latio

ns

cove

ring

mor

tgag

e cr

edit,

fac-

torin

g, c

harg

e an

d de

bit c

ards

an

d tr

avel

er’s

chec

ks20

05TA

nee

ded

AD

B is

sup

port

ing

the

prep

arat

ion

of th

e Fi

nanc

ial B

lue

prin

t’s R

oad

Map

.Th

e co

mpa

rativ

e re

sear

ch is

be

ing

cond

ucte

d.

Bank

ing

WW

PN

BCIf

Law

on

Fina

ncia

l Lea

sing

is

draf

ted,

be

awar

e th

at it

will

tr

igge

r WTO

obl

igat

ions

Non

eTA

nee

ded

The

draf

t has

bee

n se

nt to

CO

M.

MO

J sai

d th

at th

e dr

aft c

onta

ins

som

e pr

ovis

ions

con

trad

icto

ry

to th

e ex

istin

g la

ws.

NBC

and

MoJ

are

now

wor

king

on

this

issu

e.

Mon

ey a

nd C

apita

l M

arke

tW

WP

MEF

Dra

ft la

ws

on g

over

nmen

t se

curit

ies

and

on n

on-g

over

n-m

enta

l sec

uriti

es, b

earin

g in

m

ind

that

it w

ill tr

igge

r com

-m

itmen

ts

2005

TA is

bei

ng

prov

ided

by

AD

B. F

urth

er

TA n

eede

d on

issu

ance

pr

oced

ures

and

tr

adin

g.

The

Law

on

Gov

ernm

ent

Secu

ritie

s ha

s be

en a

dopt

ed

and

was

pro

mul

gate

d on

10t

h Ja

n 20

07. T

he L

aw o

n Is

suan

ces

and

Trad

ing

of N

on-G

over

nmen

t Se

curit

ies

pass

ed th

e In

ter-

Min

iste

rial M

eetin

g an

d w

ill b

e ad

opte

d by

CoM

in m

id

Febr

uary

200

7.

DTIS 2007 – Executive Summary ��

DT

IS

20

07

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

Civi

l Avi

atio

nW

WP

Stat

e Se

cret

aria

t of

Civ

il Av

iatio

nPa

ss C

ivil

Avia

tion

Law

and

dr

aft i

mpl

emen

ting

regu

la-

tions

2004

TA P

rovi

ded

by IC

AO

The

draf

t law

was

sub

mitt

ed to

the

Nat

iona

l Ass

embl

y on

23

Dec

embe

r 20

04. I

mpl

emen

ting

regu

latio

ns h

ave

been

dra

fted

with

rega

rd to

:1.

Airw

orth

ines

s2.

Flig

ht O

pera

tion

3. A

ir Tr

ansp

ort S

ecur

ity

Selli

ng o

f Air

Tran

spor

t Se

rvic

esW

WP

Stat

e Se

cret

aria

t of

Civ

il Av

iatio

n

Dra

ft e

cono

mic

and

tech

ni-

cal r

egul

atio

ns c

over

ing

the

selli

ng a

nd m

arke

ting

of a

ir tr

ansp

ort s

ervi

ces

2004

-200

5TA

nee

ded

Seek

ing

a co

ntin

uatio

n of

ICAO

TA

SSCA

requ

este

d TA

from

ICAO

but

re

ceiv

ed n

o re

spon

se

Arc

hite

ctur

eW

WP

MLM

UPC

Repe

al p

rovi

sion

in R

oyal

D

ecre

e re

quiri

ng “s

igna

ture

by

Khm

er a

rchi

tect

for b

igpr

ojec

ts”.

2004

TA n

eede

d

Am

endm

ent t

o th

e Ro

yal

Dec

ree

has

been

dra

fted

. Exp

ecte

d su

bmis

sion

to th

e N

atio

nal A

ssem

bly

in N

ovem

ber 2

006.

A s

ub-d

ecre

e ha

s al

so b

een

draf

ted.

Re

visi

ons

will

als

o be

nee

ded

in th

e ur

ban

plan

ning

law

, la

nd la

w a

nd la

w o

n sp

ecia

l eco

nom

ic

zone

s. H

owev

er, i

n pr

actic

e th

e re

stric

tion

has

been

lift

ed

wLe

gal S

ervi

ces

WW

PBa

r Ass

ocia

tion

of th

e Ki

ngdo

m

of C

ambo

dia

Dra

ft a

men

dmen

ts to

par

a-gr

aph

5 an

d 6,

and

oth

er

artic

les

if an

y, o

f the

Law

on

Bar,

to b

ring

abou

t con

form

ity

with

the

WTO

com

mitm

ent

2004

No

TA

need

ed

Redr

aftin

g of

par

agra

phs

5 an

d 6

will

be

unde

rtak

en. I

t will

als

o be

co

nfirm

ed th

at K

hmer

law

yers

will

be

proh

ibite

d fr

om a

dver

tisin

g. If

this

is

not t

he c

ase,

par

a 7

mus

t be

dele

ted.

Th

e Ba

r Ass

ocia

tion

will

mee

t in

Mar

ch

2006

to e

stab

lish

a te

chni

cal t

eam

to

unde

rtak

e th

e ne

cess

ary

wor

k.

Empl

oym

ent

Agen

cies

WW

PM

LVT

Am

end

Labo

ur L

aw s

o as

to a

l-lo

w fo

r the

ope

ratio

n of

thes

e co

mpa

nies

in C

ambo

dia

2004

No

TA

need

ed

The

futu

re a

men

dmen

t of t

he L

abou

r La

w w

ill in

corp

orat

e th

e op

erat

ion

of th

e se

rvic

e pl

acem

ent a

nd s

uppl

y se

rvic

es o

f per

sonn

el a

s A

rt. 2

58 o

f the

La

bour

Law

is s

ilent

in th

is re

spec

t

Hot

elW

WP

MO

TPr

epar

e su

b-de

cree

on

hote

l ra

ting

clas

sific

atio

n20

04N

o TA

ne

eded

Sub-

decr

ee o

n ho

tel r

atin

g w

as

appr

oved

and

sig

ned

by S

PM o

n 11

Ju

ne 2

004.

Tas

k co

mpl

eted

Trav

el A

genc

y an

d To

ur

Ope

rato

rW

WP

MO

TA

men

d pr

esen

t dra

ft L

aw o

n To

uris

m to

brin

g it

into

com

pli-

ance

with

com

mitm

ents

2004

No

TA

need

ed

Dra

ft L

aw o

n To

uris

m w

as re

turn

ed b

y th

e N

atio

nal A

ssem

bly

and

curr

ently

is

bein

g re

view

ed b

y th

e M

OT

to in

clud

e ot

her e

lem

ents

, pos

sibl

y in

clud

ing

100%

fore

ign

equi

ty p

artic

ipat

ion

for

tour

ope

rato

r. W

aitin

g fu

rthe

r co

mm

ents

from

priv

ate

sect

or.

DTIS 2007 – Executive Summary��

DT

IS

20

07

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

Rest

aura

nts

WW

PM

OT

Issu

e su

b-de

cree

or P

raka

s to

es

tabl

ish

the

crite

ria fo

r set

ting

up re

stau

rant

s20

04N

o TA

nee

ded

Rest

aura

nt A

ssoc

iatio

ns h

ave

been

form

ed, a

nd M

OT

will

re

cogn

ize

them

. Det

aile

d cr

iteria

for s

ettin

g up

re

stau

rant

s re

late

d to

are

a in

th

e fo

rm o

f sub

-dec

ree

has

been

dra

fted

and

will

be

subm

itted

to th

e O

CM.

Refu

se D

ispos

alW

WP

MPW

TIs

sue

sub-

decr

ee re

quiri

ng

gove

rnor

s an

d m

ayor

s to

ob

serv

e no

n-di

scrim

inat

ion

in

gran

ting

cont

ract

s20

04N

ot n

eede

dN

o ac

tion

has

been

initi

ated

. A

sub-

decr

ee s

houl

d be

pre

pare

d to

info

rm m

ayor

s an

d go

vern

ors

of th

eir r

espo

nsib

ilitie

s.

Educ

atio

nW

WP

OCM

Esta

blis

h in

depe

nden

t ac

cred

iting

pro

cess

ASA

PTA

nee

ded

(NID

A-K

orea

)PM

has

rule

d to

kee

p st

atus

-quo

INV

ESTM

ENT

CLIM

�TE:

PRO

TECT

ING

IPR

TRIP

SW

WP

Min

istr

y of

Cu

lture

and

Fi

ne A

rts

Dra

ft re

gula

tions

m

plem

entin

g th

e La

w o

n Co

pyrig

ht20

04TA

nee

ded

WIP

O h

as s

tate

d th

at n

o im

plem

entin

g re

gula

tions

ar

e re

quire

d. A

mor

e de

taile

d re

ques

t for

ass

ista

nce

will

be

mad

e to

WIP

O. A

sub

-dec

ree

on

colle

ctiv

e m

anag

emen

t will

be

prep

ared

in th

e fu

ture

. TA

is n

eede

d fo

r thi

s.

TRIP

S: M

arks

WW

PM

OC

Put i

n fo

rce

sub-

decr

ee

impl

emen

ting

the

Law

on

Mar

ks20

04TA

pro

vide

d by

W

IPO

Adop

ted

TRIP

S Bo

rder

M

easu

res

WW

PM

OC

Dra

ft s

ub-d

ecre

e im

plem

entin

g sp

ecia

l bor

der

mea

sure

s co

ntai

ned

in L

aw o

n Tr

ade

Mar

ks (w

ith M

EF)

2004

TA n

eede

d

TRIP

S Bo

rder

M

easu

res

WW

PM

EFD

raft

sub

-dec

ree

im

plem

entin

g sp

ecia

l bor

der

mea

sure

s co

ntai

ned

in L

aw o

n Tr

ade

Mar

ks (w

ith M

oC)

2004

TA n

eede

d

Dra

ft s

ub-d

ecre

e ha

s be

en

prep

ared

. Im

plem

enta

tion

of

bord

er m

easu

res

is to

be

base

d on

a jo

int P

raka

s to

be

issu

ed

by M

oC a

nd M

EF. D

raft

Law

on

Geo

grap

hic

Indi

cato

rs a

lso

deal

s w

ith b

orde

r mea

sure

s.

TRIP

SW

WP

MIM

ED

raft

sub

-dec

ree

impl

emen

t-in

g th

e La

w o

n Pa

tent

s20

04TA

pro

vide

d by

W

IPO

Dra

ft su

b-de

cree

was

com

plet

ed

and

subm

itted

to th

e Co

M in

Se

ptem

ber 2

005.

CoM

refu

sed

to a

dopt

the

sub-

decr

ee, a

nd in

-st

ruct

ed th

e M

inis

ter o

f Ind

ustr

y to

issu

e th

e te

xt a

s a

Min

iste

rial

Dec

lara

tion.

The

Impl

emen

ting

Prak

as h

as b

een

adop

ted;

how

-ev

er, t

he is

sue

of fe

e sc

hedu

le is

st

ill b

eing

dis

cuss

ed w

ith M

EF.

DTIS 2007 – Executive Summary �7

DT

IS

20

07

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

TRIP

SW

WP

MIM

E

Impl

emen

ting

text

for t

he L

aw

on P

aten

ts m

ust s

peci

fy th

at

com

pute

r pro

gram

s an

d bu

sine

ss m

etho

ds m

ay b

e el

igib

le fo

r pat

ent p

rote

ctio

n

2004

TA p

rovi

ded

by W

IPO

The

draf

t dec

lara

tion

inco

rpor

ates

th

e ne

cess

ary

lang

uage

rega

rdin

g co

mpu

ter p

rogr

ams.

A s

epar

ate

Prak

as

is to

be

issu

ed to

pro

tect

bus

ines

s m

etho

ds. T

A is

nee

ded

to d

o th

is ta

sk.

TRIP

SW

WP

Inte

llect

ual

Prop

erty

Rig

hts

Coor

dina

ting

Com

mitt

ee

Secu

re C

ambo

dia’s

m

embe

rshi

p in

Ber

ne, G

enev

a Ph

onog

ram

, and

Bru

ssel

s Sa

telli

te C

onve

ntio

ns a

nd th

e Pa

tent

Coo

pera

tion

Trea

ty

2004

-200

5N

o TA

ne

eded

Cam

bodi

a ha

s re

ques

ted

mem

bers

hip

in th

e PC

T, a

nd M

IME

will

pus

h fo

r th

e ra

tifica

tion

of P

CT

afte

r iss

uing

de

clar

atio

n. T

he M

CFA

is c

urre

ntly

w

orki

ng o

n th

e tr

ansl

atio

n of

the

Bern

e an

d G

enev

a Ph

onog

ram

Co

nven

tions

.The

app

licat

ion

has

been

su

bmitt

ed to

the

OCM

.

TRIP

SW

WP

Inte

llect

ual

Prop

erty

Rig

hts

Coor

dina

ting

Com

mitt

ee

Dra

ft L

aw o

n G

eogr

aphi

cal

Indi

catio

ns20

04TA

is b

eing

pr

ovid

ed b

y Fr

ance

Dra

ftin

g co

mpl

eted

. Cur

rent

ly b

eing

di

scus

sed

at th

e m

inis

teria

l lev

el. W

ill

be s

ubm

itted

to th

e Co

unci

l of

Min

iste

rs in

ear

ly 2

006.

TRIP

SW

WP

Inte

llect

ual

Prop

erty

Rig

hts

Coor

dina

ting

Com

mitt

ee

Dra

ft L

aws

on L

ayou

t Des

igns

, U

ndis

clos

ed In

form

atio

n an

d Pl

ant V

arie

ty P

rote

ctio

n 20

05

Furt

her

TA n

eede

d pr

obab

ly

from

Au

stra

lia

(CAT

AF)

.

Dra

ft L

aw o

n La

yout

Des

ign

is

com

plet

ed in

Khm

er o

n ba

sis

of TA

fr

om W

IPO

. No

furt

her T

A n

eede

d.

(Exp

ecte

d da

te o

f ena

ctm

ent E

nd

2006

).

TA n

eede

d fo

r dra

ft L

aw o

n Pl

ant V

arie

ty P

rote

ctio

n. M

odel

law

s ar

e av

aila

ble

for r

efer

ence

pur

pose

s. D

ebat

e is

bei

ng h

eld

to m

ake

a di

s-tin

ctio

n be

twee

n th

e re

spon

sibi

lity

of

MA

FF a

nd M

IME

on s

eed

prot

ectio

n.

On

undi

sclo

sed

info

rmat

ion

and

trad

e se

cret

s, TA

is b

eing

pro

vide

d by

Ca

nada

. Wor

k ha

s be

gun.

TRIP

SW

WP

Inte

llect

ual

Prop

erty

Rig

hts

Coor

dina

ting

Com

mitt

ee

Put i

nto

forc

e im

plem

entin

g re

gula

tions

for l

aws

on

geog

raph

ic in

dica

tions

and

pr

otec

tion

of u

ndis

clos

edin

form

atio

n an

d tr

ade

secr

ets

Dec

embe

r, 20

05TA

nee

ded

The

draf

t sub

-dec

ree

for i

mpl

emen

ting

the

GI l

aw is

com

plet

ed. I

t can

be

sent

to th

e Co

unci

l of M

inis

ters

onc

e th

e G

I law

is p

rom

ulga

ted

The

draf

t su

b-de

cree

for i

mpl

emen

ting

the

GI

law

is c

ompl

eted

. It c

an b

e se

nt to

the

Coun

cil o

f Min

iste

rs o

nce

the

GI l

aw is

pr

omul

gate

d

DTIS 2007 – Executive Summary��

DT

IS

20

07

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

TRIP

SW

WP

Inte

llect

ual

Prop

erty

Ri

ghts

Co

ordi

natin

g Co

mm

ittee

Put i

nto

forc

e im

plem

entin

g re

gula

tions

for t

he L

aw o

n La

yout

Des

ign

of In

tegr

ated

Ci

rcui

ts

2006

TA n

eede

dAw

aits

dra

ftin

g of

the

Law

TRIP

SW

WP

Inte

llect

ual

Prop

erty

Ri

ghts

Co

ordi

natin

g Co

mm

ittee

Put i

nto

forc

e im

plem

entin

g re

gula

tions

for t

he L

aw o

n Pl

ant V

arie

ty P

rote

ctio

n20

06TA

nee

ded

Awai

ts d

raft

ing

of th

e La

w.

TRIP

SW

WP

Inte

llect

ual

Prop

erty

Ri

ghts

Co

ordi

natin

g Co

mm

ittee

Join

Inte

rnat

iona

l Co

nven

tion

for t

he P

rote

ctio

n of

New

Var

ietie

s of

Pla

nts

Dec

embe

r, 20

05N

o TA

nee

ded

Aft

er th

e ad

optio

n of

the

abov

e dr

afte

d la

w. H

owev

er, C

ambo

dia

shou

ld in

quire

from

the

Conv

entio

n w

heth

er h

avin

g th

e la

ws

in p

lace

is a

pr

ereq

uisi

te fo

r mem

bers

hip.

A

dec

isio

n ne

eds

to b

e ta

ken

rega

rdin

g th

e M

inis

try

that

has

au

thor

ity in

this

are

a.

INV

ESTM

ENT

CLIM

�TE:

MO

VEM

ENT

OF

PERS

ON

NEL

Resi

denc

y Pe

rmit

WW

PM

inis

try

of

Inte

rior

Dev

elop

and

impl

emen

t re

side

ncy

perm

its c

onsi

sten

t w

ith th

e ho

rizon

tal

com

mitm

ents

2004

TA n

eede

d

Art

21

of Im

mig

ratio

n La

w

allo

ws

2-ye

ar re

side

ncy

perm

it.

Perm

it ca

n be

ext

ende

d ev

ery

two

year

s. A

dra

ft A

nukr

et

has

been

pre

pare

d am

endi

ng

Anu

kret

75,

and

allo

win

g vi

sa

and

wor

k pe

rmit

for t

wo

year

s re

new

able

to a

max

imum

of 5

ye

ars.

The

Min

istr

y w

ill

also

be

wor

king

on

clas

sific

atio

n of

vis

as.

Mov

emen

t of

Fore

ign

Labo

urW

WP

MLV

TEs

tabl

ish

clas

sific

atio

ns fo

r in

tra-

corp

orat

e tr

ansf

eree

s 20

04TA

to b

e so

ught

fr

om IL

O a

nd

othe

r don

ors

One

ILO

exp

ert h

as b

een

disp

atch

ed to

the

Min

istr

y an

d is

wor

king

on

amen

ding

the

Labo

ur L

aw. T

he M

inis

try

is

seek

ing

TA to

dra

ft th

e cl

assi

fica-

tions

for i

ntra

-cor

pora

te tr

ans-

fere

es a

nd p

repa

red

to e

stab

lish

occu

patio

nal c

ateg

orie

s.

Mov

emen

t of

Fore

ign

Labo

urW

WP

MLV

TA

men

d La

bour

Law

to a

llow

w

ork

perm

its to

be

gran

ted

for

2 ye

ars

2004

No

TA n

eede

d

The

abov

e m

entio

ned

ILO

ex

pert

will

als

o w

ork

on th

e dr

aftin

g of

the

amen

dmen

t of

the

Labo

ur L

aw e

spec

ially

on

Art

icle

261

of t

he L

aw. E

xpec

ted

adop

tion

by th

e N

atio

nal

Ass

embl

y in

late

200

6.

DTIS 2007 – Executive Summary ��

DT

IS

20

07

DTIS 2007 – Executive Summary�0

DT

IS

20

07

Topi

cSo

urce

Resp

onsi

ble

Min

istr

ies/

�ge

ncie

sas

kO

rigi

nal

Dea

dlin

eRe

vise

d D

eadl

ine

T�Be

nchm

ark

Indi

cato

rSt

atus

and

Com

men

tsas

of F

ebru

ary

2007

The

law

will

spe

cify

the

leng

th o

f w

ork

perm

it.Ex

istin

g jo

int P

raka

s no

56

of M

inis

try

of E

cono

my

and

Fina

nce

and

the

Min

istr

y of

Soc

ial

Affa

irs, L

abou

r and

You

th

Reha

bilit

atio

n w

ill b

e am

ende

d to

sp

ecify

a c

harg

e of

USD

200

for t

he

first

two-

yea

r ter

m a

nd U

SD 1

00 fo

r an

nual

rene

wal

.

Impr

ovin

g

Proc

esse

sTF

?

Stre

amlin

e th

e pr

oces

s fo

r no

tifica

tion

of th

e M

inis

try

of L

abou

r to

star

t hiri

ng

empl

oyee

s

??

?

Visa

WW

PM

inis

try

of

Inte

rior

Adap

t vis

a re

quire

men

ts to

m

ake

them

con

sist

ent w

ith

horiz

onta

l com

mitm

ents

2004

No

TA

need

ed

Visa

WW

PM

inis

try

of

Inte

rior

Issu

e Pr

akas

on

proc

edur

es

for i

ssui

ng 2

-yea

r vis

a20

04N

o TA

ne

eded

Perm

it fo

r Fo

reig

n W

orke

rsW

WP

MEF

Chan

ge fe

e fo

r wor

k pe

rmit

to re

flect

the

fact

that

it w

ill

be is

sued

for a

per

iod

of tw

o ye

ars

2004

No

TA

need

edEs

tabl

ishe

d in

200

5.

Des

ign

by G

raph

ic R

oots

: ww

w.g

raph

icro

ots.c

om.k

hD

esig

n by

Gra

phic

Roo

ts: w

ww

.gra

phic

root

s.com

.kh

United Nations Development Programme

No. 53, Pasteur Street, Boeung Keng Kang P. O. Box 877, Phnom Penh, CambodiaTel : (855) 23 216 167 or 214 371Fax : (855) 23 216 257 or 721 042E-mail : [email protected]: //www.undp.org