HEREBY DECIDES

CHAPTER I
GENERAL PROVISIONS

Article 1⋅−

This Sub-Decree defines the Organization and Functioning of the National Committee on Trade Remedies (hereinafter "NCTR") with the purpose to encourage and promote effective implementation of the Law on Trade Remedies.

CHAPTER II
DUTIES AND TASKS OF THE NCTR

Article 2⋅−

The NCTR shall have the following duties and tasks:

-_        Conduct trade remedy proceedings under the Law on Trade Remedies and relevant international agreements;

-_        Define confidentiality procedures for information submitted to the NCTR and for which the information provider has requested confidentiality, and prepare official documents for clarification to the competent court in the event of an appeal against the NCTR's decision;

-_        Review and advise on legal aspects related to the implementation of the trade remedies law;

-_        Examine and find solutions in cases where regulations prepared by a competent regulator conflict with regulations prepared by other regulators;

-_        Request the Royal Government to review or amend laws or other legal documents related to trade remedies, if necessary;

-_        Cooperate with countries involved in trade remedies cases and law enforcement;

-_        Participate in providing advice, monitoring, and support to all relevant parties in gathering information and other coordination in cases where the Kingdom of Cambodia is the subject of a trade remedy complaint filed by a partner country;

-_        Act in any way otherwise necessary to implement these duties and tasks.

CHAPTER III
COMPOSITIONS OF THE NCTR

Article 3⋅−

The NCTR has the following compositions:

-_        The Minister of Commerce                                                                Chairman

-_        Secretary of State of the Ministry of Commerce         Permanent Vice-Chairman

-_        Secretary of State of the Office of the Council of Ministers                 Vice-Chairman

-_        Secretary of State of the Ministry of Economy and Finance                Vice-Chairman

-_        Secretary of State of the Ministry of Industry, Science,

Technology and Innovation                                                               Member

-_        Secretary of State of the Ministry of Justice                                       Member

-_        Representative of the Council for the Development of

Cambodia                                                                                  Member

-_        Representative of the General Department of Customs and

Excise of Cambodia                                                                           Member

-_        Representative of the General Department of Taxation                      Member

-_        Director General of the General Department of Domestic

Trade of the Ministry of Commerce                                                    Member

-_        Director General of the General Department of International

Trade of the Ministry of Commerce                                                    Member

-_        Director General of the General Department of Trade Services

of the Ministry of Commerce                                                              Member

-_        Head of the NCTR Secretariat                                                            Member

The actual composition of the NCTR shall be determined by the Decision of the Royal Government of Cambodia.

The NCTR may have additional composition as vice-chairmen or members acted as representatives of relevant line ministries and institutions as necessary. The additional composition shall be determined by the Decision of the Royal Government of Cambodia.

CHAPTER IV
FUNCTIONING OF THE NCTR

Article 4⋅−

The NCTR shall hold plenary meetings at least 2 (two) times a year. In necessary case, the NCTR can hold extraordinary meetings. The Permanent Vice-Chairman, Vice-Chairmen and members shall attend plenary and extraordinary meetings upon the invitation of the Chairman of the NCTR.

In case the Chairman of NCTR is absent, or where necessary, the Chairman may delegate the right to the Permanent Vice-Chairman or any one of the Vice-Chairmen to chair the meeting on his/her behalf.

Article 5⋅−

The NCTR has the right to invite representatives from relevant ministries and institutions or expert officers to attend the meeting as necessary.

The NCTR can invite developing partners, private sectors, technical advisors, or national and international experts for consultative meetings as necessary.

Article 6⋅−

The NCTR can create committees, sub-committees, or technical working groups as necessary, which shall be determined by the decision of the Chairman of the NCTR.

Article 7⋅−

The compositions of the NCTR may be terminated or changed based on one of the following conditions:

a._    At the request from the Minister or Head of relevant institutions;

b._    Convicted of any misdemeanour or felonies; or

c._    Physically or mentally incapacitated or deceased.

Article 8⋅−

The NCTR members who have the conflict of interest must voluntarily withdraw from the NCTR meetings. In case the members who have the conflict of interest refuse to withdraw from the meetings, the NCTR shall vote for decision after the member has defended himself/herself in front of the meeting. The conditions of the withdrawal as NCTR members shall be defined in the internal rules.

Article 9⋅−

The NCTR shall have the Department of Notifications and Legal Compliance of the Ministry of Commerce as Secretariat.

Functions and duties of NCTR Secretariat shall be determined by the decision of the Chairman of NCTR.

Article 10⋅−

Working procedures of the NCTR shall be determined by the internal rules.

Article 11⋅−

The NCTR shall have the right to use the Logo and Seal of the Ministry of Commerce.

CHAPTER V
FINANCIAL RESOURCES OF THE NCTR

Article 12.-

The NCTR has the resource supported by the national budget which is a separate budget within the annual budget of the Ministry of Commerce.

The NCTR has the right to receive and manage various legal financial resources as determined by laws and applicable regulations for the performance of its work.

Besides the resources and budget prescribed in the paragraph 1 and 2, the NCTR may have other resources from the pecuniary fines and other services that have been determined by a Joint Prakas between the Minister of Economy and Finance and the Minister of Commerce.

CHAPTER VI
FINAL PROVISIONS

Article 13⋅−

Any provisions that are contrary to this Sub-Decree shall be abrogated.

Article 14⋅−

Minister in charge of the Council of Ministers, Minister of Economy and Finance, Minister of Commerce, and Ministers of all relevant ministries and institutions shall implement this Sub-Decree accordance with their respective duties as of the date of signature.

Phnom Penh, 27 August 2024

Prime Minister

[Seal and Signature]

Samdech Moha Borvor Thipadei Hun Manet

Having informed Samdech Moha Borvor Thipadei Hun Manet the Prime Minister

For Signature

Minister of Commerce [Signature]

Cham Nimul

Recipients:

-_        Ministry of the Royal Palace

-_        General Secretariat of the Constitutional Council

-_        General Secretariat of the Senate

-_        General Secretariat of the National Assembly

-_        Cabinet of Samdech Moha Borvor Thipadei Prime Minister

-_        Cabinet of His Excellency the Deputy Prime Ministers

-_        As stated in Article 14

-_        Royal Gazettes

-_        Documentation and Archive

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