Royal Decree establishing a National Authority for the Protection and Management of Angkor and the Region of Siem Reap, named APSARA

NS/RKT/0295/12

We, Preah Bat Samdech Preah Norodom Sihanouk Varman Rajbarivong Ubhato Socheathi Visothipong Akamohaborohrathn Nikarodom Dhamikmoharaja Thiraj Boromaneath Borombopithr Preah Chau Krung Kampuchea Thipadei,

having regard to:

• the Constitution of the Kingdom of Cambodia,
• the Royal Decree of 24 September 1993 nominating the First Prime Minister and the Second Prime Minister of the Council of Ministers,
• the Royal Decree of 1 November 1993 establishing the Royal Government,
• the Kram n° 2/NS/ of 20 July 1994 establishing and defining the functioning of the Council of Ministers,
• Decision n° 25/SSR of 27 August 1993 of the provisional Royal Government of Cambodia concerning the establishment of the Supreme Council on National Culture,
• the Royal Decree n° 001/NS of 28 May 1994 concerning the zoning and management of the region of Siem Reap/Angkor,
• the proposal of the two Prime Ministers, and the Minister of State for Culture and Fine Arts, Territorial Management, Urban Planning and Construction, approved by the Council of Ministers at its plenary sitting on 27 January 1995,

Order

Part 1 General Provisions

Article 1:

There is hereby established a national public establishment responsible for the protection and management of Angkor and the region of Siem Reap, called APSARA. This Authority has legal personality, and enjoys administrative and financial autonomy.

Article 2:

APSARA shall be responsible for directing the management and tourism development of the five zones defined by Royal Decree n° 001 NS of 28 May 1994 concerning the zoning and management of Siem Reap/Angkor. To this end, APSARA will act, with the Ministries concerned, as an umbrella organization over the establishments responsible for the administration and the management of the region defined above, in particular:

• The Angkor Conservation Office, responsible for the preservation, maintenance and restoration of the site of Angkor, in cooperation with the Ministry of Culture and Fine Arts;
• The Tourism Development Agency of Angkor, responsible for developing and coordinating the tourist network of the region, in cooperation with the Ministry of the Environment, the Ministry of Tourism, and the provincial sub-committee for Territorial Management, Urban Planning, and Construction;
• The Urban Development Agency, responsible for the conception and realization of tourism infrastructures and superstructures in the region, under the direct control of APSARA and in cooperation with the Governor of the province of Siem Reap and the provincial sub-committee for Territorial Management, Urban Planning and Construction;
• The Institute of Khmer Culture, in charge of the training of the historians, archaeologists and conservators responsible for the administration and maintenance of the site of Angkor, the purpose of which is to further the knowledge of Khmer culture and civilization in cooperation with the Ministry of Culture and Fine Arts;
• A Cultural Heritage Police Corps specialized in the protection of the heritage, coming under the Ministry of the Interior, and carrying out its duties in the region of Angkor, in cooperation with the provincial authorities of Siem Reap.

These bodies will be established by sub-decree.

Article 3:

In order to discharge its responsibilities, APSARA shall establish the work-plans of the institutions concerned with the administration of the site and the management of the region of Angkor. It may:

• establish each year a program contract with these institutions;
• establish, with the provincial authorities concerned, contracts for urban management, rural development and, an appropriate provision of services;
• cooperate with Khmer, foreign and international institutes, bodies, foundations, and associations pursuing objectives which correspond to its own responsibilities;
• cooperate with the Cambodian Development Council in order to give authorization to all types of investments linked to its work;
• give permission for activities and grant authorization for the occupation or lease of State-owned land, within the limits of APSARA's competence.

Depending on the expansion of its activities, APSARA may delegate all or part of those enumerated in the present article to the bodies named in Article 2.

Pending the establishment of the bodies listed in Article 2, APSARA shall assume the responsibilities devolved to them under the terms of this article.

Article 4:

The policy and activities of APSARA, the investments which it has made and the authorizations it has given shall be the subject of an annual report.

Part 2 Administration

Article 5:

APSARA shall be administered by a Board of Administration comprising :

• the First Prime Minister, Co-President;
• the Second Prime Minister, Co-President;
• the Minister of State for Culture and Fine Arts, Territorial Management, Urban Planning and Construction, or his representative, Vice-President;
• the Minister of Public Works and Transport, or his representative, member;
• the Minister of the Economy and Finance, or his representative, member;
• the Minister of Culture and Fine Arts, or his representative, member;
• the Minister of Foreign Affairs and International Cooperation, or his representative, member;
• the Minister of Tourism, or his representative, member;
• the Minister of the Environment, or his representative, member;
• the Minister of Planning, or his representative, member;
• the Secretary-General of the Cambodian Development Council, or his representative, member;
• the Governor of the province of Siem Reap, or his representative, member;
• a Representative of the Presidency of the Council of Ministers, member.

Article 6:

The Board of Administration shall deliberate on:

• the orientation of APSARA's activities;
• the rules of procedure of APSARA;
• the annual report presented by the Executive Director;
• the amount and structure of the levies, rents, and fees of any description collected by APSARA;
• the amount and the conditions of loans;
• all questions that the two Co-Presidents and the Executive Director may submit.

Article 7:

The Board of Administration shall meet at least six times a year on the convocation of its Co-Presidents, who shall decide on the agenda. The Board must meet in the month which follows if the convocation is requested by a quarter of its members. Decisions shall be adopted by a majority of the members present. In case of a tied vote, the Co-Presidents shall have the casting vote.

The Co-Presidents may call on any person to attend the meetings whose presence they consider useful.

Article 8:

APSARA shall be composed of a Central Management Bureau and of three specialized departments: the Office for Land Transactions, the Urban Affairs Office, and the Accounting and Finance Office.

General management shall be provided by the Executive Director, assisted by an advisor on planning and organization. The Office for Land Transactions shall be the means by which land is controlled. It shall be directed by a specialist in the field. The Urban Affairs Office (UAO) shall be responsible for:

• the follow-up and updating of the region's framework for development;
• urban planning studies, and on the application and observance of urban planning rules. The UAO shall be directed by an architect specializing in town planning.

The Accounting and Finance Office shall be responsible for the accounts of APSARA. It shall assist the Executive Director in checking the legality of contracts. It shall be led by a Director of Accounts and Finance, who may attend the meetings of the Board of Administration in an advisory capacity.

Article 9:

The Executive Director of APSARA shall be appointed by sub-decree for a duration of three years renewable, upon the proposal of the Board of Administration. He shall have authority to authorize expenditures. He shall see to the implementation of the decisions of the Board of Administration and shall take all measures required for the functioning of APSARA, which he shall represent in courts of law. He shall appoint and promote members of staff in agreement with the Board of Administration. He shall exercise authority over the personnel of APSARA, with the exception of the Director of Accounts and Finance.

Article 10:

The rules of procedure of the Board of Administration of APSARA shall be laid down by sub-decree.

Part 3 Incompatibility

Article 11:

The Executive Director, the Director of Accounts and Finance and the members of the Board of Administration of APSARA may not hold any interest, directly or through the intermediary of their spouses or children, in any private profit-making enterprise exercising its activity within the field of competence of the Authority. In the event of failure to observe this obligation, the Board of Administration may declare the existence of incompatibility with the functions of the person concerned and dismiss him.

Part 4 Finance

Article 12:

The resources of APSARA shall consist of:

• subventions from the State and local communities;
• donations, legacies and international subventions, with the agreement of the Authority's Board of Administration;
• revenue from its own activities, in particular the fees and rents collected from concessions;
• remuneration for services which could be provided to public or private bodies;
• loans, with the agreement of the Board of Administration.

APSARA may receive endowments of any moveable or immoveable property or real estate.

Article 13:

The provisional statement of income and expenditure for the year ahead shall be submitted for the approval of the Board of Administration by 1 December at the latest.

Part 5 Financial administration and auditing of accounts

Article 14:

The Director of Accounts and Finance shall be responsible for the financial administration of APSARA. He shall be appointed by Prakas of the Minister of the Economy and Finance. Being responsible for the administration of the funds and for maintaining the inventory of the property of APSARA, the Director of Accounts and Finance shall be required to take an oath before assuming his functions.

Article 15:

An Auditor shall be appointed by the Minister of the Economy and Finance to audit the accounts of APSARA. The Auditor's terms of reference shall be to check the accounts and the funds, to verify the correctness of the inventories and balance sheets and the accuracy of the information given concerning the accounts. He may at any time of the year carry out such checks and audits as he deems necessary. For each accounting period, he shall draw up a report for the Board of Administration on the implementation of his terms of reference, pointing out any irregularities or inaccuracies that he may have found and providing a justified opinion concerning these financial statements. He may, in case of emergency, call on the Co-Presidents of the Board of Administration to convene a meeting of the Board. The Auditor shall be entitled for each audit to a remuneration, the amount of which shall be laid down by the Board of Administration. After the Auditor has examined the annual accounts, he shall give full discharge concerning their management to the Board of Administration, to the Executive Director and to the Accountant.

Part 6 Final Provisions

Article 16:

All provisions contrary to the present Royal Decree shall be considered null and void.

Article 17:

The two Prime Ministers, the Minister of State for Culture and Fine Arts, Territorial Management, Urban Planning and Construction, the Ministers concerned as well as the Governor of the Province of Siem Reap shall be responsible for the execution of the present Royal Decree.

Article 18:

The present Royal Decree shall come into effect from the date of its signature.

Phnom Penh, 19 February 1995 Signed: Norodom Sihanouk

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