Identifier
Created
Classification
Origin
09PHNOMPENH458
2009-07-07 10:07:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Phnom Penh
Cable title:
2009 Report on Investment Disputes and Expropriation
how-toVZCZCXRO0717 RR RUEHCHI RUEHDT RUEHHM RUEHNH DE RUEHPF #0458 1881007 ZNR UUUUU ZZH R 071007Z JUL 09 FM AMEMBASSY PHNOM PENH TO RUEHC/SECSTATE WASHDC 0904 INFO RUCNASE/ASEAN MEMBER COLLECTIVE
UNCLAS PHNOM PENH 000458
SENSITIVE
SIPDIS
STATE FOR EAP/MLS
STATE PLEASE PASS FOR USTR DAVID BISBEE
E.O. 12958: N/A
TAGS: EINV KIDE CASC PGOV CB
SUBJECT: 2009 Report on Investment Disputes and Expropriation
REF: STATE 49477
SENSITIVE BUT UNCLASSIFIED
UNCLAS PHNOM PENH 000458
SENSITIVE
SIPDIS
STATE FOR EAP/MLS
STATE PLEASE PASS FOR USTR DAVID BISBEE
E.O. 12958: N/A
TAGS: EINV KIDE CASC PGOV CB
SUBJECT: 2009 Report on Investment Disputes and Expropriation
REF: STATE 49477
SENSITIVE BUT UNCLASSIFIED
1. (SBU) Summary. The Cambodian Constitution and laws protect
against expropriation, except confiscation in the public interest.
When property is seized in the public interest, just compensation is
required. Post is not aware of property being taken from U.S.
persons by the Cambodian government through July 1, 2009. End
Summary.
No Investment Disputes or
Expropriation Claims Reported
--------------
2. (U) Article 44 of the Cambodian Constitution says "the (state's)
right to confiscate properties from any person shall be exercised
only in the public interest as provided for under the law and shall
require fair and just compensation in advance." The Law on
Investment also provides that "the Royal Government of Cambodia
shall not undertake a nationalization policy which adversely affects
the private property of investors."
3. (U) Cambodian laws are not uniformly applied and enforcement is
often biased towards individuals with connections to the government.
However, Post is not aware of any investment disputes or
expropriation claims involving U.S. persons and the Cambodian
government through July 1, 2009.
RODLEY
SENSITIVE
SIPDIS
STATE FOR EAP/MLS
STATE PLEASE PASS FOR USTR DAVID BISBEE
E.O. 12958: N/A
TAGS: EINV KIDE CASC PGOV CB
SUBJECT: 2009 Report on Investment Disputes and Expropriation
REF: STATE 49477
SENSITIVE BUT UNCLASSIFIED
1. (SBU) Summary. The Cambodian Constitution and laws protect
against expropriation, except confiscation in the public interest.
When property is seized in the public interest, just compensation is
required. Post is not aware of property being taken from U.S.
persons by the Cambodian government through July 1, 2009. End
Summary.
No Investment Disputes or
Expropriation Claims Reported
--------------
2. (U) Article 44 of the Cambodian Constitution says "the (state's)
right to confiscate properties from any person shall be exercised
only in the public interest as provided for under the law and shall
require fair and just compensation in advance." The Law on
Investment also provides that "the Royal Government of Cambodia
shall not undertake a nationalization policy which adversely affects
the private property of investors."
3. (U) Cambodian laws are not uniformly applied and enforcement is
often biased towards individuals with connections to the government.
However, Post is not aware of any investment disputes or
expropriation claims involving U.S. persons and the Cambodian
government through July 1, 2009.
RODLEY