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Legal Update: Prakas on Prevention Measures of Origin Frauds for the Export of Certain Goods to the United States

Posted on July 16, 2025

On 30 April 2025, Ministry of Economy and Finance (“MEF”) and the Ministry of Commerce (“MOC”) issues an Inter-Ministerial Prakas No. 379 on Prevention Measures of Origin Frauds for the Export of Certain Goods to the United States. This regulation establishes preventive and enforcement mechanisms to address origin fraud and promote transparency in the export of Cambodian-origin goods to the US market. It applies to all producers and exporters of certain goods who must obtain the Origin Certification Letter (“OCL”) from the MOC, as outlined in Prakas No. 047, also issued on the same date, title “Procedures for Applying and Issuing the Origin Certification Letter for the Export of Certain Goods to the United States.”

 

The Inter-Ministerial Prakas mandates that the OCL be submitted as a supporting document during the customs declaration process for exports to the United States. To ensure effective enforcement, the General Department of Customs and Excise (“GDCE”) under MEF and the General Directorate of Trade Support Services (“GDTSS”) under MOC are tasked with coordinating data exchange and conducting joint investigations. These joint efforts are to be carried out in accordance with a future inter-minitrial decision and the applicable Standard Operating Procedures (“SOP”) in Prakas No. 047.

 

Where there is reasonable doubt about the origin of goods – or upon request from US authorities – GDCE and GDTSS are authorized to initiate inquiries to verify the origin of goods. In the event of origin fraud, including the concealment of transshipment or any misrepresentation of origin, producers and exporters are subjected to sanctions under both the Law on Rules of Origin and the Law on Customs.

 

Both Prakas No. 379 and Prakas No. 047 will enter into force on 12 May 2025, providing affected stakeholders a brief transitional period to ensure readiness for compliance. Together, these instruments establish a unified legal and procedural framework to ensure Cambodia’s compliance with origin rules applicable under its trade with the United States. Therefore, producers and exporters are strongly advised to review their internal compliance system and ensure timely adherence to the new certification and declaration obligations.

This legal update is brought to you by Davies SM Attorneys-at-law.

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