Database

Browse Database

CAMEROON

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Cameroon is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

CAMEROON

Since June 2018

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
New Public Procurement Code of Decree No. 2018/366 of June 20, 2018 (Décret No. 2018/366 du 20 juin 2018 portant Code des Marchés Publics)
Sub-section VII (of the National Preference) of the New Public Procurement Code of Decree No. 2018/366 imposes restrictions on the participation of foreign companies in public procurement. Art. 106 states that:
- When awarding a contract within the framework of international consultation, a margin of preference is granted to equivalent offers and in order of priority to the tenders presented by: a) a natural person of Cameroonian nationality or a legal person under Cameroonian law; b) a company whose capital is wholly or mainly held by persons of Cameroonian nationality; c) a natural person or a legal person justifying an economic activity on the territory of Cameroon; d) a group of companies associating Cameroonian companies;
- Tenders are considered equivalent when they have fulfilled the required technical conditions;
- For quantifiable works and services contracts, the national preference margin is 10% for the companies referred to in paragraph 1 above;
- For supply contracts, the national preference criterion can only be taken into account if the supply undergoes a transformation at the local or regional level of at least 15%;
- There is no national preference for non-quantifiable service contracts, including intellectual services;
- National preference can only be applied when the tender documents provide for it.
Coverage Horizontal

CAMEROON

Since June 2018

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
New Public Procurement Code of Decree No. 2018/366 of June 20, 2018 (Décret No. 2018/366 du 20 juin 2018 portant Code des Marchés Publics)
Art. 132 of the New Public Procurement Code of Decree No. 2018/366 stipulates in its paragraph (3) that "The services subject to subcontracting must as a priority be granted to national SMEs of which nationals hold at least 51% of the capital, and in case of insufficiency or deficiency, to SMEs and large companies of which at least 33% of the capital is held by nationals.
Coverage Horizontal

CAMEROON

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Cameroon is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2001.
Coverage Horizontal
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[{"post_id":"79574"},{"post_id":"79575"},{"post_id":"79576"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

CAMEROON

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
15.51%
Coverage rate of zero-tariffs on ICT goods (%)
1.15%
Coverage: Digital goods

CAMBODIA

Since November 2019, entry into force in May 2020
Since August 2020
Since October 2020

Pillar Online sales and transactions  |  Sub-pillar Licensing scheme for e-commerce providers
E-Commerce Law (ច្បាប់ស្តីពី ពាណិជ្ជកម្មតាមប្រព័ន្ធអេឡិចត្រូនិក)

Sub-Decree No. 134 on Determination of Type, Formality and Procedure of the Issuance of Permit or Licence for Intermediaries and Online Service Providers via Electronic Platform and Its Exception (អ្នកលក់ ១៣៤ អនុក្រឹត្យ ស្តីពី ការកំណត់ប្រភេទ បែបបទ និងនីតិវិធ នៃការផ្ដល់លិខិតអនុញ្ញាតឬអាជ្ញាបណ្ណដល់អន្តរការី និងបុគ្គលផ្តល់សេវាពាណិជ្ជកម្មតាមប្រព័ន្ធអេឡិចត្រូនិក និងការលើកលែង)

Prakas No. 290 on the Issuance of Electronic Commerce Licenses and Permits (ប្រកាស ស្តីពី ការផ្ដល់លិខិតអនុញ្ញាត ឬអាជ្ញាបណ្ណពាណិជ្ជកម្មតាមប្រព័ន្ធអេឡិចត្រូនិក)
According to Art. 26.1 of the E-Commerce Law, e-commerce service providers and intermediaries must obtain e-commerce permits or licenses from the Ministry of Commerce (MOC) in addition to the general business registration. According to Art. 26.2, the licensing regime has two categories: (1) an e-commerce permit (for individual persons and sole proprietorships) and (2) an e-commerce license (for legal persons and branches of foreign companies). In August 2020, Cambodia issued Sub-Decree No. 134, an implementing regulation of the E-Commerce Law, clarifying that a license is required for legal persons and branches of foreign companies carrying out the following activities: e-commerce web services, e-commerce platform services, online market services, online auction website services, and other similar services provided through software or smart devices for the promotion of e-commerce (Art. 5.1).

In addition, pursuant to Art. 5.2 of the Sub-Decree, an E-Commerce permit is required for natural persons and sole proprietors that operate a business via electronic system in Cambodia (including those who conduct business via social media and electronic systems to supply or sell/purchase goods and services). Furthermore, according to Art. 7.1, legal entities or foreign branches that are intermediaries of electronic-commerce service providers must apply for a license at the MOC and meet the following conditions: (i) business registration and tax registration with registered business activities relating to e-commerce; (ii) it must have obtained an Online Service Certificate and domain name from the Ministry of Posts and Telecommunications; (iii) it must use an electronic application or means for operating e-commerce; (iv) the electronic system used by it must be accurate; (v) it must specify the payment method; (vi) it must have a business model and consumer protection form. If it is a legal entity or foreign branch acting as an intermediary, it must enter into a contract with the business service providers. Moreover, in October 2020, the MOC issued the Prakas No. 290 regulation, which set the required documents to apply for e-commerce licenses and permits and detailed procedures and time frames for the MOC to review the applications. The regulation also stipulates the timelines and procedures to renew the permits and licenses, among other things (Arts. 3–8.).

The E-Commerce Law broadly defines e-commerce service providers and intermediaries (Annex). An e-commerce service provider is defined as a "person who uses electronic means to supply goods and/or services except for insurance establishments". On the other hand, intermediary "refers to a person who provides the services of sending, receiving, transmitting or storing services of the electronic communication, either on a temporary or permanent basis, or provides other services relating to the electronic communication, including the following persons: a person representing the sender, receiver, transmitter, or the custodian; telecommunication service providers; network service providers; internet service providers; search engines providers; online payment service providers; online auction service providers; online marketplaces service providers and internet commerce service provider".
Coverage E-commerce sector
Sources

CAMBODIA

Since August 1997

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Law on Foreign Exchange (ច្បាប់ស្តីពីការប្តូរប្រាក់បរទេស)
Art. 5 of the Law on Foreign Exchange states that foreign exchange operations shall be undertaken solely through authorised intermediaries. These operations include purchases and sales of foreign exchange on the foreign exchange market, transfers, all kinds of international settlements, and capital flows in foreign or domestic currency between Cambodia and the rest of the world or between residents and non-residents. As a result, only banks permanently established in the Kingdom of Cambodia are considered authorised intermediaries for international settlements.
Coverage Horizontal

CAMBODIA

Since March 2021

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Circular on E-KYC Guidance and Transaction Limit for Payment Service in Cambodia (សារាចរណែនាំ ស្តីពី នីតិវិធីស្គាល់អត្តសញ្ញាណអតិថិជន និងការកំណត់ទំ ប្រាក់ប្រតិបត្តិការ សម្រាប់សេវាទូទាត់សងប្រាក់នៅកម្ពុជា)
In March 2021, the National Bank of Cambodia (NBC) enforced the Circular on E-KYC Guidance and Transaction Limit for Payment Service in Cambodia, clarifying procedures and information required for payment service institutions to identify customers and to set limits on the daily transaction amounts allowed for each type of customer. The Circular established the Bakong Payment System by the NBC, which is a centralised platform that allows customers to make bank transfers across banks and payment institutions. Based on the Circular, the size of daily transactions permitted depends on the platform, the personal information provided by the customer, and the stage of the payment service institution’s review of the customer’s information. In accordance with the different customer risk levels, customer identification procedures are determined by the four following transaction types: (i) Transactions between Bakong Accounts; (ii) Transactions between Bakong Accounts and Bank Accounts/E-Wallet Accounts; (iii) Transactions between E-Wallet Accounts and E-Wallet Accounts/Bank Accounts and; (iv) Transactions between Bank Accounts and Bank Accounts via Bakong (Backbone).
For transactions falling under items 1 – 3 above, customers are classified into three categories:
- Basic Customers: The transaction limit is KHR 2 million (approx. USD 500) per day;
- Partial KYC: The transaction limit is KHR 12 million (approx. USD 3,000) per day;
- Full KYC: The transaction limit is KHR 40 million (approx. USD 10,000) per day.
- For transactions under item 4, customers are considered full KYC customers, and the transaction limit is KHR 200 million (approx. USD 50,000) per day.
Coverage Horizontal

CAMBODIA

Reported in 2021, last reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 50, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

CAMBODIA

Since April 2022
Since December 2021

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Joint Notification No. 873

Sub-Decree No. 287 On Management and Use of National Domain Names on the Internet (អនុក្រឹត្យលេខ ២៨៧ អនក្រ.បក ស្តីពីការគ្រប់គ្រងនិងការប្រើប្រាស់ឈ្មោះដែនជាតិនៅក្នុងប្រព័ន្ធអុីនធឺណិត)
Pursuant to Art. 7 of Sub-Decree No. 287 and Joint Notification No. 873, issued by the Ministry of Commerce (MOC) and the Ministry of Posts and Telecommunications (MPTC), registered companies in Cambodia are required to use a local domain name such as ".com.kh" for their websites and email addresses. The domain names are valid for one year before they have to be renewed.
Coverage Horizontal

CAMBODIA

Since November 2019
Since November 2019

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Royal Code No. NS/RKM/1119/016, Law on Consumer Protection (ច្បាប់ ស្តីពី កិច្ចការពារអ្នកប្រើប្រាស់)

Law on Electronic Commerce (ច្បាប់ស្តីពី ពាណិជ្ជកម្មតាមប្រព័ន្ធ អេឡិចត្រូនិក)
The Law on Consumer Protection and the Law on Electronic Commerce provide a comprehensive framework for consumer protection that also applies to online transactions. According to Art. 27 of the Law on Consumer Protection, it is required for businesses to disclose information related to the kind, grade, safety, quantity, origin, function of use, maintenance, composition, design, assembly, usage, price, packaging, advertising or supplying, manufacturing date and expiry date, information about production or information related to the supply of goods or services. The application of these requirements to e-commerce is confirmed by Art. 33 of the Law on Electronic Commerce, which requires any person using electronic communications for commercial activities with consumers to comply with all other provisions and regulations related to consumer protection.
Coverage Horizontal

CAMBODIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Cambodia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

CAMBODIA

Since 2003

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Cambodia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

CAMBODIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Cambodia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

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