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Cambodia

Cambodia

Our Phnom Penh practice offers a team of dedicated Khmer and international professionals to provide advice on intellectual property, regulatory compliance, and a spectrum of other legal issues. Our corporate clients rely on us to launch and thrive in this dynamic emerging market. Our strong local foundation enables us to set them up for success.

Cambodia Offices
Phnom Penh Office
Overview

Trusted and innovative legal advisors in the emerging economy of Cambodia.

Built on a strong local foundation, Tilleke & Gibbins office in Phnom Penh has grown into one of the strongest legal outfits on the ground in Cambodia. The firm’s 16-person team in Phnom Penh comprises a mix of local and foreign legal advisors and other business professionals to provide our clients with well-rounded legal, business, and cultural advice to help them achieve their objectives in the jurisdiction.

Under the leadership of partner Jay Cohen, a practitioner with over 15 years of experience in Asia, the firm’s Phnom Penh office handles a full range of corporate and commercial, intellectual property, and regulatory services to a wide range of clients. On the commercial side this includes market entry for multinationals, commercial transactions (M&As, JVs, and business partnerships), labor and employment, and key regulatory matters for highly regulated industries—especially banking and finance, technology, telecommunications, media, e-commerce, energy, consumer goods, and life sciences (e.g., pharmaceuticals and medical devices). Beyond this corporate and commercial work, the firm also boasts a market-leading intellectual property (IP) practice, which clients often see as a key differentiator between our firm and other corporate and commercial firms in the country. Our IP practice seamlessly compliments our strategic market entry advice and sets the firm apart as a premium one-stop shop for all legal needs in Cambodia.

Case Studies

Emerging jurisdiction market entry for global consumer bank

Advised a major U.S.-based consumer bank on its market entry into Cambodia, Laos, and Myanmar, including advice on offshore banking services, banking regulations, permitted banking operations, foreign exchange regulations, securities markets, doing business, and tax in each jurisdiction.

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Experience

  • Advising many of the world’s largest companies on product safety, labeling, and registration requirements, including leading players in the automotive, consumer goods, food and beverage, garment, and pharmaceutical industries.
  • Advising a Cambodian investment fund on the proposed acquisition of a specialized bank.
  • Represented a global motorcycle manufacturer in investigations into the distribution of counterfeit products in Cambodia, and worked with the Cambodian Counter Counterfeit Committee and the police to initiate the country’s first ever raid action on the basis of industrial design infringement, resulting in the seizure of 444 counterfeit motorcycles.
  • Represented a venture capital fund on the provision of a convertible loan to a Cambodian water authority. Our work involved extensive investigations into the holding company and four subsidiary water companies, reviewing and providing extensive input into the convertible loan agreement, and advising on the successful completion of the loan.
  • Advised a global consumer electronics brand on product liability issues and product safety regulations following the discovery of potential defects in a product available in the Cambodian market, including advice on voluntary reporting to and engagement with national regulators, voluntary product recall, and various other practical matters to ensure the safety of their customer base.
  • Advising a leading Cambodian commercial bank on multiple aspects of the operations, including the offering of innovative new digital banking services, data protection and data breach policies and procedures, the offering of high-value facilities and other financial instruments, and various other matters essential to their continuing position as a market-leader in the country’s banking sector.
  • Advised a major U.S.-based television and media company on the launch of its video-on-demand platform in Cambodia.
    Advised Walmart on Cambodia’s online advertisement, gambling, and charitable donation laws in relation to an international online competition the company was holding among its global workforce.
  • Represented a shareholder in the sale of a majority stake of Green Sustainable Ventures to a subsidiary of a Malaysian company specializing in solar power technology and infrastructure, Pestech Power Sdn Bhd, including advice on regulatory issues in the power sector regarding share transfers and negotiations over a long-term lease agreement in connection with the land on which the solar power plant will reside.
  • Advised a market-leading technology company on the expansion of its service offerings in Cambodia, including the provision of comprehensive data protection handbook, advice on cybersecurity and digital marketing regulations, and advising on the provision of insurance, loans and lending, e-payment, and telemedicine services.
  • Acted for a leading agricultural machinery and product manufacturer in coordinating a raid action with the Cambodian Counter Counterfeit Committee (CCCC), which resulted in one of largest seizures of counterfeit products in Cambodian history, including upwards of 30,000 counterfeit products infringing our client’s trademark.
  • Engaged by a European international development agency to conduct a comprehensive legal study on the legal framework applicable to rooftop solar in Cambodia, and possible structures for investment into rooftop solar and solar power plants. We provided highly detailed advice on all legal aspects of rooftop solar and investments in rooftop solar, as well as the legal framework for solar power in general, including photovoltaic power plants. We also advised on all aspects of investing in Cambodia, including tax structuring, leasing, licensing for financial leasing, licensing for construction of plants, and any related matter.
  • Provided localized anti-corruption policies and internal investigation guidelines to one of the world’s largest pharmaceutical companies to ensure compliance in their Cambodia operations and distribution network.
  • Advising one of the world’s largest social media companies on the launch of an express Wi-Fi project for users in remote areas of Cambodia.
  • Retained by a leading global coffee chain to investigate and act against the retail and wholesale marketing of unauthorized products bearing the client’s logo. We have conducted dozens of investigations and surveys for this client in Phnom Penh and online, identifying multiple infringing companies, securing the cessation of their sale of counterfeit products, and tracing the suppliers to prevent further distribution.
  • Representing an American sports league with a globally recognized brand in the investigation and resolution of unauthorized advertisement and broadcast of their league games. The successful cessation of these broadcasts on the basis of copyright infringement was particularly notable due to them underdeveloped nature of Cambodia’s copyright laws, and it provided our client with the confidence to enter the market while retaining existing local licensees as planned.

PROFESSIONALS

RELATED INSIGHTS

February 5, 2024
On January 9, 2024, Cambodia’s Ministry of Information (MOI) issued an official notification letter reminding the alcohol and advertising industries of past directives, instructions, and the MOI’s Code of Conduct surrounding alcohol advertising. The step comes as the MOI reports that they are seeing increased noncompliance in this area of advertising. In addition, several recent high-profile traffic accidents that involved drunk driving are likely serving as a trigger for the government to review its alcohol-related policies, including on advertising. Alcohol Advertising Rules and Limits The notification letter reminds the industry that there are limits to alcohol advertising, including: Advertising alcohol alongside potential prizes or undertaking “other activities that motivate, encourage, or entice people to overindulge on alcohol”; and Using women or minors to advertise alcohol. Furthermore, all alcohol advertising must also include the phrase “Don’t Drink and Drive” or “Drink Responsibly.” The notification letter explains that media outlets failing to comply with the instructions may be subject to penalties. Although the penalties are not clearly identified in reference to a specific law or regulation, it is possible that actions could include the consequences outlined under the agreement between each media outlet and the MOI, with potential suspension of the media license being an option in case of persistent noncompliance. However, this rather strong enforcement tool would only affect the media outlet that carries out the advertising rather than the alcohol producer that instigated the advertising. Penalties for the alcohol industry are not immediately clear, although it may be that the possible suspension or taking down of noncompliant advertising is considered a sufficient penalty for the time being. Past MOI Circulars and Letters The notification letter further reminds the industry to follow Circular No. 492 on Alcohol Advertisement (2014). It also references two notifications (Nos. 1134 and 1294) on the
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February 1, 2024
Attorneys from Tilleke & Gibbins’ office in Phnom Penh have contributed an updated Cambodia chapter to Foreign Investment Review 2024, a global guide to the legal and regulatory environment for foreign investment in 27 jurisdictions around the world. Published and distributed by Lexology Panoramic, the guide is focused on law and policy regarding foreign investment oversight, regulatory frameworks, procedural requirements, and other notable concerns for foreign investors. The Cambodia chapter was updated by Jay Cohen, partner and director of Tilleke & Gibbins’ Phnom Penh office, and Nitikar Nith, associate. The chapter focuses most closely on the law and policy section, which explains the government’s policies and practices regarding foreign direct investment, the main investment laws and their scope, and the relevant authorities responsible for regulating mergers, acquisitions, and other business transactions. The chapter also brings up key recent developments, such as the prospect of Cambodia establishing a competition regulator. A PDF of the Cambodia chapter can be downloaded through the button below. Tilleke & Gibbins also provided the Laos, Myanmar, and Vietnam chapters to Foreign Investment Review 2024. Readers can also gain 30 days of complementary access to the full Foreign Investment Review 2024 guide and the rest of Lexology Panoramic’s varied offerings through this link.
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January 12, 2024
On December 28, 2023, Cambodia’s Ministry of Labor and Vocational Training (MLVT) issued Notification No. 110/23 on the issuance of work permits for foreign employees, in accordance with the country’s Labor Law and Prakas 195 dated August 20, 2014, on work permits and employment cards for foreign employees. This is a more comprehensive notification than existed previously, as it specifically clarifies the parties that are required to apply for work permits and employment cards. Notification No. 110/23 specifies that the following types of foreign individuals must hold a valid foreign work permit and/or employment card in order to work in Cambodia: A foreign employer whose name is stated in an enterprise’s patent tax certificate must hold a foreign work permit. A foreign employee whose name is stated in an enterprise’s patent tax certificate must hold a foreign work permit and an employment card. Self-employed individuals must hold a foreign work permit and an employment card. Applications for work permits and employment cards can be submitted through the MLVT’s online portal, accompanied by the following required documents: Valid passport; Latest patent tax certificate; Physical examination form; and Photo (4×6 cm) However, foreign shareholders and members of the board of directors as defined in the company’s articles of incorporation who do not have a Cambodian resident visa are not required to obtain a work permit or employment card. For more information on regulations and requirements for foreign employees in Cambodia, please contact Tilleke & Gibbins at [email protected].
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January 10, 2024
On December 15, 2023, the Electricity Authority of Cambodia (EAC) issued a notification requiring all owners of solar power systems to report their systems to their local electricity supplier by January 31, 2024. Systems that have already been reported under existing regulations are exempt from this requirement. Systems that remain unreported after the deadline will be deemed illegal and subject to penalties, including possible disconnection from the national grid. The rationale for the reporting requirement is that the EAC expects to adopt a new solar power regulation soon. Electricite du Cambodge (the main state-owned utility provider in Cambodia) and EAC-licensed private electricity providers are now gathering data on the current use of solar power systems in order to prepare for, adopt, and execute the upcoming regulation. The reporting requirement is to facilitate this gathering of data. The upcoming regulation, planned for early 2024 according to the notification, follows last year’s Prakas No. 159, which contained the Ministry of Mines and Energy’s guidelines and principles for rooftop solar systems. The EAC now needs to issue implementing regulations that are in line with the ministry’s guidelines and principles. Although stand-alone solar power systems that did not have a connection to the national grid were previously not regulated and did not require any authorizations, the EAC is now stating that all types of solar power systems need to adhere to the reporting requirement under the notification. According to the EAC, the upcoming regulation will address all types of systems, and the December 15 notification clearly announces that all types of solar power systems will need to obtain EAC approval under the upcoming regulation. Solar power system operators in Cambodia should report their systems to their local electricity providers by January 31, 2024, to avoid any penalties, while remaining vigilant for the upcoming
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AWARDS & RANKINGS
January 18, 2024
Tilleke & Gibbins once again earned high marks across all six jurisdictions in the 2024 rankings from The Legal 500 Asia Pacific, which was released on January 17. This year, Tilleke & Gibbins’ rankings reflect continued excellence in the practice area rankings, plus new individual recognitions for eight more Tilleke & Gibbins practitioners. In total, Tilleke & Gibbins received 30 practice rankings—over a third of which are Tier 1.  The firm’s Thailand office earned 15 practice-area rankings:  Tier 1: Dispute Resolution, Intellectual Property, Labor and Employment, TMT (Technology, Media, and Telecommunications), Tax  Tier 2: Banking and Finance, Capital Markets, Corporate and M&A, Customs and International Trade, Insurance, Projects and Energy, Real Estate and Construction, Restructuring & Insolvency, Transport  Tier 3: Dispute Resolution: International Arbitration  Tilleke & Gibbins’ offices in Vietnam received rankings for 10 practice areas:  Tier 1: Data Protection, Intellectual Property (International Firms), Labor and Employment, TMT  Tier 2: Corporate and M&A   Tier 3: Dispute Resolution: International Arbitration, Dispute Resolution: Litigation   Tier 4: Banking and Finance, Projects and Energy  Firms to Watch: Real Estate and Construction  Tilleke & Gibbins earned five additional practice-area rankings in Cambodia, Indonesia, Laos, and Myanmar:   Tier 1: Laos (General Business Law), Myanmar (Corporate and M&A)  Tier 2: Cambodia (General Business Law); Indonesia (Intellectual Property); Myanmar (Projects)   In addition to the practice-area rankings, a record number of Tilleke & Gibbins lawyers were honored with individual recognitions. The Tilleke & Gibbins practitioners included in the 2024 rankings from The Legal 500 Asia Pacific are listed below:  Alan Adcock – Thailand – Intellectual Property  Athistha (Nop) Chitranukroh – Thailand – Insurance, TMT Chaiwat Keratisuthisathorn – Thailand – Real Estate and Construction Charunun Sathitsuksomboon – Thailand – Corporate and M&A Chusert Supasitthumrong – Thailand – Labor and Employment Darani Vachanavuttivong – Thailand – Intellectual Property  David Mol
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December 22, 2023
For the third year running, Darani Vachanavuttivong, managing partner of Tilleke & Gibbins and managing director of Tilleke & Gibbins’ regional intellectual property (IP) department, was included in the recently released “Asia Top 15 IP Lawyers 2023” from Asian Legal Business (ALB). Darani has been included in the list every year since its inception in 2021—representative of the consistently strong performance of the firm’s regional IP practice across our offices in Cambodia, Indonesia, Laos, Myanmar, Thailand, and Vietnam. The list recognizes the top 15 IP lawyers in private practice across all of Asia, as demonstrated by the strength of their legal work and feedback from clients, industry colleagues, and other commentators. ALB’s in-house research team studied firm submissions and conducted interviews with various stakeholders to determine the makeup of the Asia Top 15 IP Lawyers 2023 list. The attorneys identified in the list are among the most trusted in the region to help clients across varied industries protect and benefit from their valuable intellectual property. ALB, owned by Thomson Reuters, is a leading source of information on commercial law in Asia for businesses and professionals. To read more about Asia’s Top 15 IP Lawyers, please see the December 2023 issue of ALB.
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December 14, 2023
The recently released 2024 edition of Chambers Asia-Pacific gives Tilleke & Gibbins high marks across all of the firm’s jurisdictions in Southeast Asia. In addition to the practice-area rankings, individual practitioners from the firm’s offices across the region received a record total of 35 individual rankings.
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December 6, 2023
International Employment Lawyer (IEL) unveiled its second edition of the IEL Elite guide, recognizing Tilleke & Gibbins as a “Regional Stalwart” for its exceptional contributions to employment law in Southeast Asia. The latest edition of the IEL Elite guide showcases over 140 leading employment law teams worldwide, categorized into three distinct sections: Global Elite, Multijurisdictional Elite, and National Elite. Tilleke & Gibbins earned a position in the prestigious Multijurisdictional Elite section. Tilleke & Gibbins is the sole firm within the guide to secure a regional ranking for Southeast Asia. This achievement reflects the firm’s commitment to excellence and expertise in navigating the complex landscape of employment law across multiple jurisdictions in the region. The IEL Elite guide serves as a benchmark for legal practitioners and industry professionals seeking insights into the top-tier employment law firms globally. Tilleke & Gibbins’ inclusion in the Multijurisdictional Elite section reaffirms its standing as a key player in providing legal services for employment-related legal matters in Cambodia, Laos, Myanmar, Thailand, and Vietnam. IEL is an information service reporting on and analyzing employment-related legal developments around the world. The IEL Elite list is determined through a review of firm submissions and interviews by the in-house research team. To browse the latest edition, please visit the International Employment Lawyer website (registration required).
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Phnom Penh Office

Phnom Penh Office

+855 23 964 210
[email protected]
15th Floor, Unit 1501, Flatiron, Street No. 102 Phnom Penh City Center, Sangkat Srah Chak, Khan Daun Penh, Phnom Penh, 120210
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