7.
Sector: All Sectors
Sub-Sector: -
Industry Classification: -
Level of Government: Central
Type of Obligation: National Treatment
Description of Measure: National Treatment shall not apply to any measure as may be stipulated by royal decree or ‘titah' of His Majesty the Sultan and Yang Di-Pertuan of Negara Brunei Darussalam. Note: Any amendment or modification of an existing measure or adoption of a new measure shall not be more restrictive to existing investors and their investments than the measure applied to such investors or investments immediately before such amendments or modification or adoption.
Source of Measure : Constitution of Brunei Darussalam: Article 4(1), 39, 83(3) and 84 (2)
8.
Sector : All Sectors
Sub-Sector : -
Industry Classification : -
Level of Government : Central
Type of Obligation : National Treatment
Description of Measure : National Treatment shall not apply to any measure affecting: (i) the commercialisation of projects, privatisation, corporatisation, or divestment of assets owned by the Government. (ii) the transfer or disposal of equity interests or assets of a state enterprise, a government entity, or a government-linked company (GLC) of Brunei Darussalam.
Source of Measure :
- National Development Plan
-Long-Term Development Plan -Administrative Directives and Guidelines
9.
Sector : All Sectors
Sub-Sector : -
Industry Classification : -
Level of Government : Central
Type of Obligation : National Treatment
Description of Measure : National Treatment shall not apply to any measure on imposing licensing requirements on any business activity, including the regulation and control of such business activity, and to approve or reject the application of such licenses by foreigners, in accordance with its relevant laws and national policies.
Note 1: This includes application of licenses for new business activities and application for renewal of licenses for existing business activities.
Note 2: This reservation shall not include local equity requirements unless otherwise provided for in this schedule.
Source of Measure :
-National Development Plan
-Long-Term Development Plan
-Miscellaneous Licenses (Chapter 127)
-Industrial Coordination Order 2001
-Poisons Act (1984 ed)
-Petroleum Mining Act (Chapter 44)
-Telecoms Order 2001
-Authority for Info-Communications Technology Industry of Brunei (AITI) Operational Handbook
-Architects, Professional Engineers and Quantity Surveyors, Order 2008
-Administrative Directives and Guidelines
10.
Sector: Agriculture, Fishery and Services Incidental to these Sectors
Sub-Sector: -
Industry Classification: -
Level of Government: Central
Type of Obligation: National Treatment
Description of Measure: National treatment shall not apply to any measure with respect to any activities which relate to national food security.
Source of Measure :
- Long-Term Development Plan
- Administrative Directives and Guidelines
11.
Sector: All Sectors
Sub-Sector: -
Industry Classification: -
Level of Government: Central
Type of Obligation: National Treatment
Description of Measure: National Treatment shall not apply to any measure relating to the activities using natural resources. This may include limitations in the issuance of permits and quotas.
Source of Measure :
- Long-Term Development Plan
- Administrative Directives and Guidelines
- Forest Act (Cap 46), including any Subsidiary Legislation
- National Forestry Policy (1990)
- Wild Life Protection Act (Cap 102)
- Wild Flora and Fauna Order. (2007)
12.
Sector: All Sectors
Sub-Sector: -
Industry Classification: -
Level of Government: Central
Type of Obligation: National Treatment
Description of Measure: National Treatment shall not apply to: 1. any measure affecting all land transactions and use, which shall be subject to approval and consent by His Majesty-in-Council including, but not limited to: i) ownership and lease of land; and ii) the conditions on which such land shall be held. 2. any measure affecting all transactions and use of non-landed property (strata title), which shall be subject to approval by the relevant committee (Komiti bagi Mempertimbangkan Permohonan Pindahmilik Strata) chaired by the Minister of Development, which may be imposed, including but not limited to: i) ownership and lease of the property; ii) number of years of lease of the property; iii) maximum number of units allowed; and iv) the conditions on which the property shall be held.
Source of Measure: - Land Code, Revised Edition 1984 (Chapter 40)
- Land Code (Strata), Revised Edition 2000 (Chapter 189)
- The Control of Subdivision and Consolidation of Land Regulation 1973
- The Control of Development and Use of Land and Building Regulation 1974
- Town and Country Planning Act 1972
- Administrative Measures and Guidelines
13.
Sector: Forestry and Services Incidental to Forestry
Sub-Sector: Logging and sawmilling
Industry Classification : ISIC 0200 CPC 8814
Level of Government: Central
Type of Obligation: National Treatment
Description of Measure : Permits and licenses are no longer issued for this sub-sector following the implementation of the National Forestry Policy 1990.
Source of Measure : -National Development Plan -Long-Term Development Plan -Forest Act (Cap 46), including any Subsidiary Legislation -National Forestry Policy (1990) -Administrative Directives and Guidelines
14.
Sector: Mining and Quarrying, and Services Incidental to Mining and Quarrying
Sub-Sector : Oil and Gas
Industry Classification : ISIC Category C, Division 11 CPC 883: Services incidental to mining
Level of Government: Central
Type of Obligation: National Treatment
Description of Measure: National Treatment shall not apply to any measure relating to the oil and gas sector.
Source of Measure : -Petroleum Mining Act (Cap 44) -Petroleum (Pipelines) Act (Cap45) -Brunei National Petroleum Company Order 2002. -Income Tax (Petroleum) Act (Cap 119) -Mining Act (Chapter 42) -Administrative Directives and Guidelines
15.
Sector : Mining and Quarrying, and Services Incidental to Mining and Quarrying
Sub-Sector : -
Industry Classification : ISIC Category C, Division 10, Division 14 No CPC Code Available
Level of Government : Central
Type of Obligation : National Treatment
Description of Measure : National treatment shall not apply to any measure affecting the sectoral activities. Foreign equity participation will be considered on a case-by-case basis.
Source of Measure : -Land Code, Revised Edition 1984 (Chapter 40) -Land Code, (Strata) (Chapter 189), Revised Edition 2000 -Pollution Control Guidelines for Industrial Development for Brunei Darussalam -Town and Country Planning Act 1972 -Water Supply Act (Revised Edition 1984) (Chapter 121) -Antiquities and Treasure Trove Act 1967 (Revised 1984, 1991, 2002) -Mining Act (Chapter 42) -Administrative Directives and Guidelines
Cambodia
1.
Sector: All Sectors
Sub-Sector: -
Industry Classification: -
Level of Government: Central Government and Province/Municipality (1)
Type of Obligation: National Treatment
Description of Measure: NT shall not apply to any measure relating to land ownership, leasing, transactions, or use; including conditions on which such land shall be held, including the use of natural resources associated with land.
"Ownership of Land": Only natural persons or legal entities of Khmer nationality (at least 51% of the equity held by Khmer Nationality) shall have the right to ownership of the land in the Kingdom of Cambodia. The State may also provide to natural persons or legal entities of Khmer nationality ownership over immovable property belonging to the State within the strict limitsset forth in the Land Law.
A Foreign Legal Entity may use the land in various forms, including concession, long term lease for 15 (fifteen) years or more, and renewable short term lease. Land Use rights include the rights on buildings, arrangements, or improvements made by the lessee fora duration specified in the contract, provided that the uses are exercised in compliance with the law in force.
Source of Measure:
- Constitution of the Kingdom of Cambodia, Article 44.
- Land Law (30 August 2001).
- Code of Civil Procedure (6 July 2006).
- Law on Investment of the Kingdom of Cambodia (5 August 1994) and Law on the Amendment of the Law on Investment of the Kingdom of Cambodia (24 March 2003).
- Sub-decree 114 ANKr. BK on the Mortgage and Transfer of the Rights over a Long-term lease or and Economic Land Concession (29th August 2007).
2.
Sector: All Sectors
Sub-Sector
Industry Classification
Level of Government: Central Government and Province/Municipality (2)
Type of Obligation: National Treatment Senior Management and Board of Director
Description of Measure:
National Treatment and Senior Management, Board of Director shall not apply to any measure regarding the hiring of employment policies and obligation of the investor.
Employers must give preference to Cambodians when hiring the workers (Article 263 of Labor Law). Investors shall be obliged to promote the Cambodian staff to a senior management level, and this shall be made overtime.
The maximum percentage of foreigners who may be allowed to be employed in each of the enterprises shall not exceed 10% of the total number of Cambodian employees.
Source of Measure
- Labor Law dated March 13, 1997, Article 21 and Article 264.
- Law on Investment of the Kingdom of Cambodia (5 August
1994) and Law on the Amendment of the Law on Investment of the Kingdom of Cambodia (24 March 2003).
- Sub-Decree No 111 ANK/BK date on September 27, 2005 on the Implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia.
- Prakas No. 162 MOSALVY dated 16 July 2001 on the use of the foreign manpower issued by the Ministry of Social Affairs, Labor, Vocational Training and Youth Rehabilitation.
- Code of Civil Procedure (6 July 2006).
3.
Sector: All Sectors
Sub-Sector:
Industry Classification:
Level of Government: Central Government and Province/Municipality (3)
Type of Obligation: National Treatment Senior Management and Board of Director
Description of Measure: NT and SMBD may not apply to any measure relating to investment in the portfolio investment.
Source of Measure:
- Preah Reach Kram No. NS/RKM/1007/028 of 19 October 2007 promulgating the Law on the Issuance and Trading of Non-Government Securities.
- The Anukret No. 97/ANKR/BK of 23 July 2008 on the Conduct and Organization of the Securities and Exchange Commission of Cambodia.
- National Economic Development Policy.
- Stock Market Development Policy and its strategies.
4.
Sector: Manufacturing
Sub-Sector: Production/processing of psychotropic substances and narcotic substances: schedule 1, 2 and 3 of the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances