Attendance: - TBCC - The Thai Business Council of Cambodia
Attendance: - TBCC - The Thai Business Council of Cambodia
Attendance: - TBCC - The Thai Business Council of Cambodia
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<strong>Attendance</strong>:<br />
Minutes <strong>of</strong> the Regular Meeting<br />
01 August 2012<br />
Sunway Hotel<br />
12 noon<br />
Company Representative<br />
1 British American Tobacco Michael Dijanosic<br />
2 Brocon Rory Hunter<br />
3 Brocon Seth Hoeger<br />
4 Campu Bank Ong Ming Teck<br />
5 CBRE David George<br />
6 Crown Worldwide Frank Kursteiner<br />
7 Forte Terence Anderson<br />
8 Functional Engineering Janet Lueckenhausen<br />
9 G4S Mal Gill<br />
10 GMAC Van SouIeng<br />
11 Grandis Timber Daniel Mitchell<br />
12 Hagar Pierre Tami<br />
13 IBC Audrey Tugenthat<br />
14 Indochina Research Laucent Notin<br />
15 IntraCo Han Rutten<br />
16 Jardine Schindler Guillaume Derron<br />
17 JBAC Aya Kimura<br />
18 KPMG Craig McDonald<br />
19 Leopard Capital <strong>Cambodia</strong> Scott Lewis<br />
20 MAERK Benjamin Paul Wilson<br />
21 MPA International Roger Leong<br />
22 PWC <strong>Cambodia</strong> Lim Kuy<br />
23 Royal Rattanak Hospital Dr. Suebpong Intralawan<br />
24 Royal Rattanak Hospital Hyunjeoung Kim<br />
25 Sciaroni & Associates Brett Sciaroni<br />
26 Siemens Soun Sopheak<br />
27 S<strong>of</strong>itel Phokeethra Resort Charles Henri Chevet<br />
28 Sunway Hotel Kelly Leong<br />
29 <strong>TBCC</strong> Tui Rutten<br />
30 <strong>The</strong> Phnom Penh Post Stuart Alan Backer<br />
31 Total Martin McCarthy<br />
32 TUV Rheinland Alexandra Herbel<br />
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1. Chairman’s Welcoming Remarks—Brett Sciaroni<br />
<strong>The</strong> Chairman welcomed the present members and informed participants that<br />
Royal Rattanak Hospital was the newest adherent to the IBC. He expressed his<br />
pleasure to greet the representative present at today’s regular general meeting, Dr.<br />
Suebpong and his assistant Ms. Kim Hyunjeoung. Dr. Suebpong was invited to<br />
share a few words upon which he thanked the IBC chairman and expressed his<br />
pleasure in joining the association, inviting a strong relationship with all the other<br />
members.<br />
This session has taken place on the 1 st August, Switzerland’s national day; Pierre<br />
Tami invited all nationals to join the celebrations which will occur this Friday 3 rd<br />
August<br />
<strong>The</strong> Chairman remarked that the representative <strong>of</strong> Leopard Capital, Mr. Scott<br />
Lewis’ term in <strong>Cambodia</strong> is coming to an end; he is expected to leave for<br />
Switzerland by the end <strong>of</strong> the summer and the IBC wishes him luck with his future<br />
endeavours.<br />
2. Approval <strong>of</strong> the Minutes <strong>of</strong> the Regular General Meeting <strong>of</strong> 04 th July<br />
2012<br />
<strong>The</strong> Chairman invited the members to comment on the minutes <strong>of</strong> the Regular<br />
General Meeting <strong>of</strong> 04 July 2012. <strong>The</strong>re being none, the minutes were approved<br />
nem con.<br />
3. Reports from the Private Sector Working Groups<br />
WG D: Law, Tax & Governance—Brett Sciaroni<br />
<strong>The</strong> chairman informed the participants that along with the letter addressed to H.E<br />
DPM Keat Chhon, the list <strong>of</strong> items approved by the private sector WG-D is being<br />
sent out on Friday bringing the total number <strong>of</strong> issues at eight, with the possibility<br />
<strong>of</strong> a ninth as the ministry requested from their side to add the topic anti-corruption<br />
on the list. <strong>The</strong> IBC will take care <strong>of</strong> informing its members <strong>of</strong> any feedback<br />
received.<br />
Secondly, with regards to the National Arbitration Center (NAC), the IBC along with<br />
CAMFEBA have so far been playing a very active role concerning its constitution.<br />
As one <strong>of</strong> the recent sub-decrees omitted the participative role <strong>of</strong> <strong>Business</strong><br />
Associations, members <strong>of</strong> several associations have required an amendment <strong>of</strong> the<br />
sub-decree’s specific section. <strong>The</strong> MoC agreed to this change thus delaying the<br />
already postponed NAC formation. <strong>The</strong> NAC is keen to see things moving forward<br />
and is holding the private sector accountable. <strong>The</strong>refore, on request <strong>of</strong> H.E. Cham<br />
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Prasidh a meeting will take place next week in order to bring matters to a close.<br />
Two main items are on the agenda: 1. introducing the newly reformed sub-decree<br />
stating the participation <strong>of</strong> business associations on the council, 2. expediting the<br />
beginning work <strong>of</strong> the NAC.<br />
A third item related to the WG-D is the introduction <strong>of</strong> a MoU between business<br />
associations in accordance with the GPSWG operation guidelines. Since the<br />
departure <strong>of</strong> the IFC, the secretarial role <strong>of</strong> the 9 working groups <strong>of</strong> the GPSF has<br />
been taken up by various chambers under the supervision <strong>of</strong> the <strong>Cambodia</strong>n<br />
Chamber <strong>of</strong> Commerce. As it is important to underline the business associations’<br />
mandate to constitute the WGD, a MoU is to be sent out to stress this effort,<br />
allowing each association who wishes so, to be part <strong>of</strong> WG-D. <strong>The</strong> chairman stated<br />
that the IBC will do the necessary to send this document out next week.<br />
4. Reports from the following IBC Sub-Committees:<br />
Sub-Committee on Membership, Craig McDonald<br />
Craig wanted to remind members <strong>of</strong> the IBC that there is an ongoing procedure for<br />
the membership application <strong>of</strong> the three following businesses:<br />
1. Chip Mong Group, who were invited at last month Open Meeting <strong>of</strong> the IBC<br />
2. Starts <strong>Cambodia</strong> Corporation, also present last month<br />
3. Arup<br />
All three applications have been sent forward to members after approval from the<br />
executive committee. <strong>The</strong> IBC <strong>of</strong>fice will wait another week and a half for the<br />
feedback from its members in case there are any objections to these requests.<br />
Sub-Committee on Working Group Coordination, Janet Lueckenhausen<br />
<strong>The</strong> sub-committee chairman stated that the secretariat has sent out this week the<br />
footprints and charts <strong>of</strong> Working Group Coordination. She welcomed any ideas <strong>of</strong><br />
improvement or capacity <strong>of</strong> resources and reminded that the particularity <strong>of</strong> this<br />
committee is that its strength lies in the active participation <strong>of</strong> members.<br />
Sub-Committee on Investment Promotion, Brett Sciaroni<br />
During a meeting organised by the MoC, the Minister announced that the CCC is<br />
co-organising the ASEAN BIS (<strong>Business</strong> Investment Summit) which will be held in<br />
Phnom Penh on the 16-18 November 2012. H.E Cham Prasidth was interested to<br />
share his views on the potential coverage <strong>of</strong> this summit and keen to inquire about<br />
commitments for sponsorship possibilities. <strong>The</strong> IBC chairman declared that his<br />
association gladly promotes this type <strong>of</strong> organised events. It has done so in the<br />
past, hosting on bilateral level or for larger events as it had done at last year’s<br />
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investment forum, “We have the expertise to the extent that the MoC and the CCC<br />
have approached us for our collaboration”.<br />
If and when the IBC co-signs this letter with the CCC, a letter will be distributed<br />
among members to keep them updated <strong>of</strong> the options and expected steps to<br />
undertake. Mr. Sciaroni reminded the participants that although the IBC<br />
encourages this active cooperation, there are certainly other ways people can<br />
contribute through the auspice <strong>of</strong> MoC.<br />
5. <strong>Business</strong> Associations reports<br />
CAMFEBA: Report <strong>of</strong> the <strong>Business</strong> Networking and Seminar on Anti-<br />
Corruption Law, 30 July 2012 – Van SouIeng<br />
Monday, 30 th <strong>of</strong> July, CAMFEBA organised an evening event inviting as lead<br />
discussant Mr. Om Yeng Tieng, Head <strong>of</strong> the Anti-Corruption Unit. <strong>The</strong> chairman <strong>of</strong><br />
CAMFEBA, Mr. Van Sou Ieng said the meeting was successful and constructive,<br />
thanking all who contributed to the evening. In summary, he explained how<br />
facilitation fees are listed as any form <strong>of</strong> illegal payments and the private sector<br />
must be engaged and be told in no uncertain terms that any form <strong>of</strong> illegal<br />
payments need to be reported –even when speaking <strong>of</strong> amounts exceeding $20.<br />
Pro<strong>of</strong> <strong>of</strong> illegal levies and service charges are valuable records needed in order to<br />
collect evidence and prosecute. Mr. Sou Ieng noticed that Mr. Om did not give<br />
enough tangible examples <strong>of</strong> what could be done to educate people about this<br />
scourge. <strong>The</strong> stress <strong>of</strong> his speech rested on taking action. Mr. Sciaroni added that<br />
Mr. Om’s presentation was very compelling and he has been a strong advocate and<br />
has had many talks with different types <strong>of</strong> receptive audiences such as the <strong>Council</strong><br />
<strong>of</strong> Ministers. He specified for instance (and H.E. Mr. Cham Prasidh confirmed) that<br />
the line-ministries’ views on the negotiation <strong>of</strong> accepted fees level are not all aligned<br />
but that Mr. Om replied that the time for negotiation is now over, the law is in<br />
effect.<br />
<strong>The</strong> IBC chairman concluded by saying the fight is ongoing and bribers have found<br />
a new tactic when resistance is shown: at first the people asking for commissions<br />
complained a lot; then they stalled the requested procedures and now they invent<br />
new type <strong>of</strong> payments. This goes to show that the pressure is on and that even the<br />
bribers feel it is time to reap as much as possible before the tide changes.<br />
Mr. Benjamin Wilson (Maersk) asked to be informed about what was being done in<br />
the different department with regards to these penalties payments. Mr. Sciaroni<br />
replied that there was no clarity on what was happening behind the scene. World<br />
Bank advised that the money should go to the MoEF. This is not what the other<br />
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line ministries want. <strong>The</strong> fact is that there is no real insight –e.g: will the National<br />
Treasury even be considered-. Mr. Sou Ieng remarked that as Mr Om stated on<br />
Monday, the private sector should not care about internal management. <strong>The</strong> focus<br />
lays in enforcing the law instead <strong>of</strong> finding excuses. Pity is not part <strong>of</strong> the equation<br />
and businesses should help the anti-corruption unit to act. Mr. Sciaroni agreed<br />
that it is an internal issue.<br />
<strong>TBCC</strong> – Tui Rutten<br />
Tui informed participants that the <strong>Thai</strong> <strong>Business</strong> Association in <strong>Cambodia</strong> will<br />
organize a Health Care Product Fair on this 1 st <strong>of</strong> August from 4 to 8pm in Paragon<br />
with workshops for SME.<br />
GMAC – Van Sou Ieng<br />
<strong>The</strong> Garment Manufacturers Association will organise <strong>The</strong> ASEAN Garment &<br />
Textile Fair 2012 from the 29 th <strong>of</strong> August to the 1st <strong>of</strong> October with available Textile<br />
booths and an organised ASEAN Fashion Show at the Angkor COEX in Siem Reap.<br />
<strong>The</strong> fair is organized by the <strong>Cambodia</strong>n Inter-Ministerial Committee for<br />
International Exhibitions and Word Exposition Affairs.<br />
Working Group F onEnergy, Infrastructure & Transport – Han Rutten<br />
<strong>The</strong> Chairman took the floor, asking members to raise any issues before ending the<br />
meeting. Mr. Han Rutten from Intra Co. Ltd mentioned that Working Group Fon<br />
Energy, Infrastructure & Transport, co-chaired by Oknha So Nguon has not been<br />
convened for many months and it was not clear what the status is regarding all<br />
issues at stake. Members <strong>of</strong> the working group are unsure how to proceed. Mr.<br />
Sciaroni advised the WG-F to appeal to H.E Kea Chhon and probably the CCC as<br />
they have the secretarial responsibility <strong>of</strong> this working group. It is also suggested<br />
that the petitioner should keep a clear account <strong>of</strong> all attempts made to launch a<br />
new meeting so that records can be shown upon request. Mr. Rutten thanked for<br />
the advice and decided to approach the secretariat <strong>of</strong>fice.<br />
On behalf <strong>of</strong> members, the Chairman expressed appreciation for the<br />
arrangements made by the Sunway Hotel for today’s meeting.<br />
<strong>The</strong>re being no further business, the meeting adjourned at 1.00pm.<br />
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