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Foreign Investment in Agriculture in Cambodia CDRI Working Paper ...

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Based on responses from the two companies, 6 five factors stood out as key h<strong>in</strong>drances<br />

to <strong>in</strong>vestment applications and operations <strong>in</strong> agriculture <strong>in</strong> <strong>Cambodia</strong>. First, land tenure and<br />

secur<strong>in</strong>g a lease agreement rema<strong>in</strong> a challenge. One company claimed it took several transactions<br />

to complete the leas<strong>in</strong>g arrangement. In other <strong>in</strong>stances, land brokers were the cause of land<br />

disputes between local communities and the company. The second problem relates to unclear<br />

guidance as to which <strong>in</strong>stitution a firm should approach to obta<strong>in</strong> a bus<strong>in</strong>ess licence. It took<br />

one firm two months to have its ELC approved by MAFF by us<strong>in</strong>g the right <strong>Cambodia</strong>n broker,<br />

without whom it would have taken more than two years. Third, law enforcement rema<strong>in</strong>s weak.<br />

Fourth, adm<strong>in</strong>istrative procedures are still long but somehow acceptable. F<strong>in</strong>ally, dispute<br />

settlement and problem-solv<strong>in</strong>g mechanisms are seriously limited. For <strong>in</strong>stance, there is no<br />

department <strong>in</strong> a specific m<strong>in</strong>istry to help <strong>in</strong>vestors deal with problems aris<strong>in</strong>g dur<strong>in</strong>g application<br />

for a bus<strong>in</strong>ess licence. Note, though, that firms do not see pay<strong>in</strong>g tips to public officials as a<br />

bad th<strong>in</strong>g or a major problem, as it helps speed up the application process and firms accept that<br />

public servants’ salaries are low.<br />

In response to the above obstacles, firms recommended that the government consider<br />

adopt<strong>in</strong>g computerised <strong>in</strong>vestment or bus<strong>in</strong>ess licence application procedures and other related<br />

adm<strong>in</strong>istrative procedures <strong>in</strong> order to reduce paperwork, time and cost and make it easier for<br />

firms to deal with problems dur<strong>in</strong>g application. Firms also recommended sett<strong>in</strong>g up a feedback<br />

department <strong>in</strong> each responsible m<strong>in</strong>istry to help <strong>in</strong>vestors address problems aris<strong>in</strong>g dur<strong>in</strong>g<br />

application or operations.<br />

No bus<strong>in</strong>ess model or contract arrangement between firms and farmers has been<br />

<strong>in</strong>troduced. In practice, firms buy maize from farmers at the market rate without enter<strong>in</strong>g <strong>in</strong>to<br />

any future contract. Farmers either get their produce to the factory gate or sell it to brokers, who<br />

later sell it to factories or firms. Us<strong>in</strong>g brokers is more common, particularly when brokers are<br />

the farmers’ creditors.<br />

Overall, despite a certa<strong>in</strong> number of barriers, the two <strong>in</strong>vestors <strong>in</strong>terviewed appeared<br />

to be supportive of the bus<strong>in</strong>ess environment <strong>in</strong> <strong>Cambodia</strong>. They said that <strong>Cambodia</strong>, as a<br />

develop<strong>in</strong>g country, has many steps to take <strong>in</strong> order to improve its <strong>in</strong>vestment environment,<br />

some of which are highlighted above.<br />

6 It is crucial not to make generalisations us<strong>in</strong>g the results of these discussions, as a sample of two out of 59<br />

companies does not give a true picture across the sub-sectors. This evidence should therefore be viewed as<br />

anecdotal.<br />

22 <strong>Foreign</strong> <strong>Investment</strong> <strong>in</strong> <strong>Agriculture</strong> <strong>in</strong> <strong>Cambodia</strong>

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