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DFDL Law Update

Japanese Customs Expert

The Deputy Chair of CDC is informed that in the ASEAN framework, JICA provides an

expert on customs post-clearance audit attached to the ASEAN Secretariat in Jakarta.

The expert assists all ASEAN member countries in preparation for implementation of

the post-clearance audit system. In order to have this expert come to Cambodia, the

Ministry of Economy and Finance would like the CDC Deputy Chair to file a formal

request with JICA. Letter #5120 (MEF). December 5, 2000.

Flood Rehabilitation Funding

There are two sources of financing for the rehabilitation: $55 million from the ADB

as new credit in addition to the existing $2 million for agriculture programs. The

letter details the use of credit for agriculture programs, new credit of $55 million,

use of retroactive financing procedures, projected budgets for imprest accounts,

and selection of consultants for project implementation. Letter #5404 (MEF). December

22, 2000.

Staff Infirmaries

Owners of an enterprise/establishment stipulated in Article 1 of Labor Law that has

50 or more employees shall set up a permanent infirmary in his/her enterprise. Such

permanent infirmary shall be under inspection of the Labor Health Department of the

Ministry of Social Affairs, Labor, Vocation, and Youth Rehabilitation and is determined

according to the conditions of location and size, the number and quality of health

care staff, medical instruments, materials, and medicines. Joint Prakas (MOSALVY+MOH)on

Arrangement of Enterprise Infirmary. December 6, 2000.

Regulating Accountants

The Council of Ministers asked the Ministry of Economy and Finance to redraft the

Draft Law on Private Accounting, Auditing and Accounting Profession in accordance

with the international accounting system practiced by a majority of ASEAN countries.

Announcement #1896 (COM)

CFF Crackdown

The Council of Ministers praised the armed forces, territorial authorities, and the

citizens of Phnom Penh who co-operated to suppress the armed terrorism carried out

on November 23-24. In order to maintain the security, social order, and control arms

and explosive, the Council of Ministers issued the following guidance:

Every ministry and institution that has arms/explosives, especially the Fisheries

Department of the Ministry of Agriculture, shall collect and hand over all munitions

to the Ministry of Interior immediately for management. If it is necessary to use

the weapons, the ministry/institution in question may make a request to Ministry

of Interior to have them back based on actual need or a request for intervention

by military police or national police.

Bodyguards riding on motorcycles to protect the leadership are not permitted to use

rifles since it may cause danger during an emergency; Bodyguards shall be selected

among those loyal to the King, Queen, the leaderships of Senate, National Assembly,

and Royal Government.

In the event of an arrest of any terrorist, the blame shall not be shifted to the

leadership of the ministry, institution, unit, or base if there isn't sufficient

evidence of connection to such terrorism. Suspects must not be arrested at random.

Permission must be requested according to the law and procedure.

Beside the terrorists and the cases sent to the court, any Government official or

armed force staff who has been found connected with the recent act of terrorism with

sufficient evidence, his/her name shall be stamped out from the roster and be fired

from the ministry, institution, or unit immediately and have a contract made out

that he/she will not continue to commit the offense. In the event that such person

is found to have committed offense in the future, he/she shall be sent to court.

The RGC will co-operate with the governments of U.S., France, and Thailand to

lodge a complaint at the court for arresting the ringleaders of terrorists and persons

involved and have them punished according to the acts they committed.

Announcement #1896 (COM). December 6, 2000.

VAT Exemption

The Minister of Foreign Affairs and International Cooperation is informed that the

Ministry of Economy and Finance does not oppose the 10% VAT exemption request for

the construction of ASEAN document center at the Ministry of Foreign Affairs, repair

to library of Royal School of Administration, and installment of IT network connecting

Ministry of Economy and Finance, Ministry of Commerce, and Ministry of Foreign Affairs

and International Cooperation. Letter #5331 (MEF). December 19, 2000.

Forest Crimes

The RGC has created a Joint Inter-Ministerial Committee for Study and Prevention

of Forest and Hunting Offenses in Western Koh Kong, Pursat and Battambang. The Committee

is to study and inspect forest crimes, take measures to prevent and crack down on

the crimes, negotiate with Thai authorities for cooperation and report to the RGC.

Decision #66 (RGC). December 19, 2000.

Training and Research Institute

A private non-profit "Training and Research Institute for Development of Cambodia"

has been created to promote human resource development in Cambodia, conduct research

and analysis contribute to the formulation of sustainable police and strategic development.

Sub-Decree #94. December 6, 2000

This weekly law update is produced from material provided by Dirksen, Flipse,

Doran and Le (DFDL). It has been edited for publication. A full version is available

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