Commerce adds export controls on Cambodia to address corruption, human rights abuses and regional security concerns

Today the Department of Commerce (Commerce) announced new restrictions to address human rights abuses and corruption by Cambodian government actors, including the military, as well as the growing influence of the People’s Republic of China’s military in Cambodia.

Commerce has placed new restrictions, including end-use and end-user restrictions, on exports and reexports to Cambodia, and in-country transfers within Cambodia, of sensitive items subject to the Export Administration Regulations (EAR). Concurrently, the Department of State imposed a U.S. arms embargo on Cambodia. Together, these actions will restrict access to dual-use items, as well as certain less-sensitive military items, under Commerce’s jurisdiction, and defense articles and defense services under State’s jurisdiction, to the Cambodian military, military-intelligence services, and related entities and individuals.

“The United States remains fully committed to Cambodia’s independence and the sovereignty of its people,” said Secretary Gina Raimondo. “We urge the Cambodian government to make meaningful progress in addressing corruption and human rights abuses, and to work to reduce the influence of the PRC military in Cambodia, which threatens regional and global security.”

In today’s final rule, consistent with State’s imposition of an arms embargo under State’s authorities, the Bureau of Industry and Security (BIS) added Cambodia to Country Group D:5 (U.S. Arms Embargoed countries). BIS also imposed a more restrictive review policy for license applications containing items controlled for national security, regardless of the end-user. It further renders end users in Cambodia ineligible for, or subject to further restriction with regard to, use of certain license exceptions for exports, reexports, and in-country transfers.

This rule also subjects Cambodia to ‘military end-use’ and ‘military end-user’ restrictions under the EAR. A license requirement applies to exports and reexports of certain items intended for military end uses or end users. Additionally, military end users located in Cambodia may now be identified through the ‘Military End-User List’ in Supplement No. 7 to Part 744 of the EAR. Applications to export or reexport items subject to the EAR that are intended for military-intelligence end uses and end users, for example, to Cambodia’s General Department of Research and Intelligence (GDRI), will also be subject to a license requirement.

Applications to export or reexport of items to Cambodia for both sets of end-users or end-uses (military and military-intelligence) will be reviewed under a presumption of denial.