Cambodia has issued a set of regulations that aim to encourage greater energy efficiency from appliances marketed in the country. The regulations follow Cambodia’s adoption of its National Energy Efficiency Policy, which sets out the government’s energy efficiency targets and policies to reach them by 2030, including the ambitious national target of reducing the country’s total energy consumption by at least 19%. This set of regulations for appliances marketed in Cambodia is contained in Sub-Decree No. 254 on the Management and Improvement of Energy Efficiency of Electrical Appliances, dated August 11, 2023. This sub-decree sets out product registration and energy efficiency labeling requirements for electrical appliances marketed in Cambodia. It further provides that appliances should meet energy efficiency standards and all other mandatory standards that apply to electrical appliances. During the product registration process, the appliances are checked against such standards, and registration is only granted if the standards are met. The sub-decree identifies the Ministry of Mines and Energy as the main ministry responsible for the implementation of the sub-decree. To assist with the wide scope of regulations as set by the sub-decree, it further appoints assisting ministries that may implement and enforce only certain aspects. These effective implementation and enforcement mechanisms suggest that once the sub-decree’s 12-month implementation period has passed, there is likely to be a rather strict enforcement approach to the requirements. Key Features of the Sub-Decree Several mandatory standards have already been applied to most electrical appliances over the past years, but the required product registration process to check for compliance with those standards has not always been completed by those importing, distributing, or manufacturing electrical appliances in Cambodia. The new sub-decree clearly mandates a product registration requirement as a check to verify the applicable standards are met, and sets penalties for non-compliance. Penalties

Laos’ Ministry of Industry and Commerce (MOIC) has added to the list of goods subject to the country’s recently imposed import-export registration requirement. Traders who import or export goods on the expanded list, which was issued in MOIC Notification No. 1941 on September 18, 2023, must first obtain a certificate authorizing their import or export activities. The six additional categories of goods specified by the notification, along with the corresponding Harmonized System (HS) codes from the World Customs Organization, are: Mining – HS 2601–2611, 2613–2617 Electricity – HS 27160000 Wood and wood products – HS 4401–4421, 4701–4707, 4801–4812, 94 Spare parts and electronic equipment, electrical equipment – HS 8501–8548 Cigarettes – HS 240220 Alcoholic beverages – 2203–2206, 2208 Enterprises that import or export these goods must complete registration with the MOIC’s Department of Import and Export (DIMEX) by October 31, 2023. Enterprises not registered with DIMEX will be prohibited from importing or exporting these goods. Importers and exporters of other goods not covered by this list may also register, with the option of registering until any future changes to the import-export registration requirements dictate otherwise. Registrants must also seek Bank of Lao PDR certification of their commercial bank accounts. Following this, they must ask the relevant commercial bank to convert their account to an import-export account. For more details on Laos’ new import-export registration rules, or on any aspect of trade involving Laos, please contact Tilleke & Gibbins at [email protected].

Michael Ramirez, a counsel in Tilleke & Gibbins’ dispute resolution department, has contributed an article to a series on contractual terms in Asia from the Asian Business Law Institute. Previous articles in the series have looked at administrative and tax requirements and contract breach and remedy under Thai law. The article gives an overview of how extracontractual liabilities are treated under Thai law. It addresses issues related to contract negotiations, no-reliance clauses, entire agreement clauses, and concurrent liability. ABLI, which is based in Singapore, conducts legal research and dissemination in order to provide knowledge, guidance, and recommendations surrounding development of legal systems in Asia. The full article on extracontractual liabilities is available as a PDF through the button below.

Self-reporting of customs violations in Thailand is normally carried out at the ports. However, in 2020, the Customs Department launched a campaign called the One Stop Service Program (OSSP) for business operators to self-report issues relating to unpaid customs duty from a central location in Bangkok. The current extension of the OSSP, which has been extended several times over the past few years, is due to expire on September 30, 2026, although a further extension seems likely. The OSSP offers a number of benefits. As noted above, settlement of unpaid duties can be done centrally in Bangkok even though the customs clearance itself is performed at Thai ports. Crucially, the fine for unpaid duty can be waived or reduced, and there is no late-payment penalty, which would normally amount to 20% of the unpaid duty if there is an official assessment and the duty is not paid within 30 days. The surcharge is reduced from 1% to 0.25%–0.75% per month on the unpaid duty. Nevertheless, any value-added tax (VAT), VAT surcharge, and VAT penalty on the unpaid duty still apply. To participate in the OSSP, the following conditions must be met: The offense must be considered a false declaration charge (Section 202 of the Customs Act), such as one involving value, price, tariff code, tariff rate, privileges, or other similar issues. The business operator must have committed the offense without intending to evade duty or restrictions. The goods must not be prohibited or infringe intellectual property. The declarations must not be under investigation by any authority in Thailand. Applications to participate in the OSSP can be submitted to the Post-Clearance Audit Division of the Customs Department, and applicants must provide the necessary documentation, such as customs declaration forms, invoices, purchase orders, sales contracts, and other payment documents. The officers