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Viewing cable 09PHNOMPENH458, 2009 Report on Investment Disputes and Expropriation

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Reference ID Created Released Classification Origin
09PHNOMPENH458 2009-07-07 10:07 2011-07-11 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Phnom Penh 
VZCZCXRO0717
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 
 
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