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Cambodia has seen an increased interest in its laws on nationality, both from the standpoint of immigration as well as in relation to property ownership. In keeping with this, there have been a number of Sub-Decrees issued recently dealing with Cambodian nationality issues.
- Sub-Decree No. 286 ensures that foreigners who wish to marry or have married a Cambodian national have the right to apply for Cambodian citizenship.
- Sub-Decree No. 287 deals with the Application and Procedure for Nationalization, stating that a foreigner has to submit an application and pass an exam of Khmer Literature, determined by the Prakas of the Minister of Interior.
- Sub-Decree No. 288 sets out the processes and requirements for abandoning one's Cambodian nationality, such as the requirements that the applicant must be at least 18 years of age, the abandonment must be voluntary, and the production of a confirmation letter of alternative nationality and/or residence.
The Royal Government of Cambodia has issued Sub-Decree No. 289, which sets out rules and regulations for the setting up of private security companies. This is part of an effort to encourage the establishment of private security companies to safeguard private property, and ensure the security of the people and the public order of the country. The Ministry of Interior, with the assistance of the General Commissariat of National Police, was appointed to control and manage such private security companies.
Permission from the Ministry of Interior should be sought only after the company is duly registered at the Ministry of Commerce. In addition, a letter of permit from the local administration will be required for the appointment of guards or security staff.
Sub-Decree No. 476, issued by the Royal Government of Cambodia ("RGC"), sets out rules and procedures to establish, register, and manage financial trusts in which the trustor is a development partner that has entered into an agreement with the RGC to invest funds in financial trusts for the purposes of developing the banking and microfinance sectors ("Financial Trusts"). Under this law, the Ministry of Economy and Finance ("MEF") is the authority in charge of supervising these Financial Trusts.
The Sub-Decree determines the rights, obligations and liabilities of the trustor, trustee and beneficiary. It requires the Financial Trust to be established by a written form, which must be filed and registered at the MEF for validation and enforcement. Moreover, any beneficiary of an existing Financial Trust has to register the trust for validation and enforcement within 6 months after the effective date of this Sub-Decree.
Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only
intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.
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