On August 27, 1999 morning at 8:30 the Council of Ministers convened a plenary cabinet meeting, presided over by H.E. Sar Kheng Deputy Prime Minister of Royal Government of Cambodia in order to review and pass:

1. A proposal for approval from the Cabinet for ASEAN affairs over proposals of the Ministry of Public Works and Transportation concerning: Protocol 3 on the kind and quantity of vehicles on the road, Protocol 4 on vehicle technical needs, and agreement on Ministerial Understanding of the development of the ASEAN Highway Network Project.
2. A proposal for approval from the cabinet on the lists of investment field – Sensitive List, Temporary Exclusion List, Sensitive List for the Granting of National Treatment in order to send to ASEAN Secretariat.
3. A proposal to submit Memorandum of understanding on ASEAN Foundation to the National Assembly.
4. Others

After the active discussions and view exchanging the cabinet achieved the results as follows:

Concerned with the proposals of the Ministry of Public Works and Transportation, which is in accordance with ASEAN Framework Agreement on the Facilitation of goods in Transit, the Cabinet thinks that it should send back the tasks to the Ministry of Public Works and Transportation in order to participate and sign with ASEAN Transportation Ministers, but Cambodia, who has not yet completely fulfilled the above agreement, has to report some difficulties to ASEAN Secretariat so that the factual situation in Cambodia can be understood. At the same time the Cabinet decides that the Royal Government of Cambodia will strive to seek budget to construct this Highway.

A proposal for approval from the cabinet on the lists of investment field – Sensitive List, Temporary Exclusion List, Sensitive List for the Granting of National Treatment in order to send to ASEAN Secretariat

The cabinet approved the lists of investment field, which are sensitive List, Temporary Exclusion List, Sensitive List for the Granting of National Treatment in order to send to ASEAN Secretariat in accordance with ASEAN Framework Agreement on the Facilitation of Goods in Transit.

The Lists approved by the cabinet as follows:

1. Sensitive List – is the list of investment field which is totally forbidden or has some restrictions for both Cambodians and foreign investors. Members of ASEAN can propose to modify the Sensitive List in 2003.
2. Temporary Exclusion List – is the list of investment field which is excluded on the spot and targeted to reduce gradually until completely finished by the year 2010.
3. Sensitive List for the Granting of National Treatment Cambodian Development Council is the competent institution to be in charge of the task, by working hard to prepare the list, in which a study on the lists of other ASEAN members has been conducted, and strictly complying with all conditions of investment laws aimed at maximally ensuring the national interests.

The cabinet approved the Memorandum of Understanding on ASEAN Foundation in order to submit to the National Assembly and integrate into 26 agreements and protocols that the Royal Government had already sent to the National Assembly.

Others

The cabinet listened attentively to the reports of the working group, cooperating with foreign legal experts in order to file procedures to try Khmer Rouge criminals raised by H.E. Sok An Senior minister in charge of the Council of Ministers and the chairman of the working group. According to the reports, on 26 August 1999 at the Council of Ministers, the working group received Mr. Ralph Zacklin U.N Assistance Secretary-General in charge of the Office of Legal Affairs. In the meeting, the Royal Government’s position is determined that the trial process will be conducted through Cambodian existing judicial system, but international judges and lawyers are allowed to participate, and push for a trial conducted as soon as possible and ensure the respect for Cambodian Sovereignty and independence. U.N Secretary-General representative agreed to review the draft law on the punishment of genocidal crime and crime against humanity, organized by the Royal Government’s working group and would negotiate again on 28 August 1999 morning at the Council of Ministers. Mr. Ralph Zacklin noted that the working group in cooperation with foreign legal experts to file procedures to try Khmer Rouge criminals is working thoroughly and that the draft law on the punishment of genocidal crime and crime against humanity is good and appropriate, not far away from the Convention on Prevention and Punishment of Crime of Genocide, enacted by U.N General Assembly on 9 December 1948, and came into force on 12 January 1951.

The cabinet meeting ended at 13:30.

Phnom Penh, 27 August 1999

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