World Trade
Organization RESTRICTED WT/ACC/SPEC/KHM/2/Rev.
3
18 June 2003 (03-3251) Working Party on the
Accession of Cambodia Original: English

ACCESSION OF CAMBODIA

Offer on Specific Commitments in Services

Revision

The Government of the Kingdom of Cambodia has submitted the attached revised Offer of Specific Commitments in Services and List of Article II (MFN) exemptions, with a request that it be circulated to members of the Working Party.
(3) None Presence of natural persons (4) Unbound except for measures concerning the entry and temporary stay of a natural person who falls in one of the following categories:

Business visitors

A natural person who:

enters Cambodia for the purposes of participating in business meetings, establishing business contacts including negotiations for the sale of services and/or other similar activities;
stays in Cambodia without receiving income from within Cambodian sources;
does not engage in making direct sales to the general public or supplying services.
Persons responsible for setting up of a commercial establishment:
Persons working in an executive or managerial position, as defined below, within a juridical person, who are responsible for the setting up, in Cambodia, of a commercial presence of a service provider of a Member when: the representatives are not engaged in making direct sale or supplying services; and the service provider has its principal place of business in the territory of a WTO Member other than Cambodia and has no other representative,
Managers: without requiring compliance with labour market tests, natural persons employed by a juridical entity and who possess knowledge at an advanced level of expertise or proprietary knowledge of a juridical entity product, service, research, equipment, techniques, or management, and who primarily direct the organization or a department of the organization; supervise and control the work of other supervisory, professional or managerial employees; have the authority to hire and fire or recommend hiring, firing or other personnel actions; and exercise discretionary authority over day-to-day operations.
(c) Taxation services (CPC 8630) (1) None
(2) None
(3) None
(4) Unbound, except as indicated in the horizontal section (1) None
(2) None
(3) None
(4) Unbound, except as indicated in the horizontal section (d) Architectural services (consulting, planning or design services)(CPC 8671) (1) None
(2) None
(3) None
(4) Unbound, except as indicated in the horizontal section.
(h) Services incidental to mining (CPC 883**)
Exclusively covers consultancy on a fee or contract basis relating to mining and oil field development
(j) Services incidental to energy distribution (887**)
Exclusively covers only consultancy services related to the transmission and distribution on a fee or contract basis of electricity, gaseous fuels and steam and hot water to household, industrial, commercial and other users (1) None
(2) None
(3) None
(4) Unbound, except as indicated in the horizontal section.
(a) Voice telephone services (CPC 7521)
(b) Packet-switched data transmission services (CPC 7523**)
(c) Circuit-switched data transmission services (CPC 7523**)
(d) Telex services (CPC 7523**)
(e) Telegraph services (CPC 7522)
(f) Facsimile services (CPC 7521**+ 7529**)
(g) Private leased circuit services (CPC 7522**+7523**) (1) Services provided only over the circuits leased from Telecom Cambodia.
Starting no later than 1 January 2009: None

(4) Unbound, except as indicated in the horizontal section Cambodia undertakes obligations contained in the Reference Paper attached hereto by the date of accession.
For supermarkets and large department stores only:
- Food retailing services (CPC 631);
- Non-food retailing services (CPC 632), excluding sales of pharmaceutical goods, medical and orthopedic goods (CPC 63211)
- Retailing services of radio and television equipment, music instruments, music scores, and audio and video records and tapes (CPC63234) (1) None
(2) None
(3) None
(4) Unbound except as indicated in the horizontal section (1) None
(2) None
(3) None
(4) Unbound except as indicated in the horizontal section 5.
(a) Acceptance of deposits and other repayable funds from the public (CPC 81115 – 81119)
(b) Lending of all types, including, inter alia, consumer credit, mortgage credit, factoring and financing of commercial transaction (CPC 8113);
(d) All payment and money transmission service, including credit, charge and debit cards, traveller cheques and bankers drafts (CPC 81339) (1) None, except deposits from the public must be reinvested in Cambodia
(2) None
(3) Only permitted through authorized financial institutions as banks
(4) Unbound, except as indicated in the horizontal section.
Maritime Services International transport (Freight and passengers) (CPC7211 and 7212), excluding cabotage
(1) Unbound
(2) Unbound
(3) Unbound
(4) Unbound (1) Unbound
(2) Unbound
(3) Unbound
(4) Unbound Where not otherwise made available to the international maritime transport suppliers pursuant to Article XXVIII (c) (ii), no measures shall be applied which deny reasonable and non-discriminatory access to the following services:

1.
alone or together,
Safeguards

The anti-competitive practices referred to above shall include in particular:

(a) engaging in anti-competitive cross-subsidization;
(b) using information obtained from competitors with anti-competitive results; and
(c) not making available to other services suppliers on timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.
Interconnection: dispute settlement

A service supplier requesting interconnection with a major supplier will have recourse, either:

(a) at any time or
(b) after a reasonable period of time which has been made publicly known to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time, to the extent that these have not been established previously.
Final List of Article (MFN) Exemptions

Sector or sub-sector Description of measure indicating its inconsistency with Article II Countries to which the measure applies Intended duration Conditions creating the need for the exemption Audiovisual services
- Production and distribution of television programmes and cinematographic works Measures based upon coproduction agreements of audiovisual works,
All countries with whom cultural cooperation may be desirable Indefinite
The aim of these agreements is to promote cultural links between the countries concerned Audiovisual Services
– Production and distribution of television programmes and cinematographic works Measures granting the benefit of support programmes (such as “Fonds d’aide a la production de l”agence intergouvernmental de la Francophonie”) to audiovisual works, and suppliers of such works meeting origin criteria.
within the sector, to promote cultural values both within Cambodia, and with other countries, including in the region Land transport Facilitation of transport and transit transport agreements.
The main criteria are: the number of and impact on existing restaurants, historical and artistic characteristics of the location, geographic spread, impact on traffic conditions and creation of new employment.