Introduction
On 10 August 2026, the National Bank of Cambodia (“NBC“) issued Circular No. B37.026.006 on the Obligation of Banks and Financial Institutions to Provide Customer Account Information and to Freeze, Unfreeze, or Hold Customer Accounts (“Circular“). The Circular provides guidance to banks and financial institutions (“BFIs“) on cooperating in the implementation of court orders and lawful requests issued by competent authorities.
This Update highlights the key features of the Circular and the relevant obligations of BFIs.
Key Features
Under Article 47 of the Law on Banking and Financial Institutions, BFIs and their officials must preserve the confidentiality of information obtained in the course of their activities. This obligation does not apply where disclosure is required by a supervisory authority, auditor, provisional administrator, liquidator, or a court handling criminal proceeding.
In this regard, the Circular clarifies and guides BFIs on the operation of such disclosure as follows:
- Cooperation and implementation of lawful orders and requests – Upon receipt of a lawful order or request from a court or competent authority, BFI shall act upon and implement the order or request directly, without first seeking confirmation or clarification from the NBC.
- No interpretative role for the NBC – The NBC does not have the authority to interpret or provide additional clarification regarding an order or request issued by another competent authority.
- Record-keeping and submission to the NBC – A BFI is required to maintain records relating to the relevant order or request, as well as records of the information provided to the court or competent authority pursuant to such order or request. Such records must be made available to the NBC upon request.
If you have any queries on the above, please reach out to our team set out on this page.
For regional Banking and Finance matters, please see Rajah & Tann Asia’s Banking and Finance Practice for more information.
Disclaimer
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Please note also that whilst the information in this publication is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as legal advice or a substitute for specific professional advice for any particular course of action as such information may not suit your specific business and operational requirements. You should seek legal advice for your specific situation. In addition, the information in this publication does not create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on the information in this publication.
