3. In accordance with Article 8.8 (Schedules of Non-Conforming Measures) and Article 10.8 (Reservations and Non-Conforming Measures), the Articles specified in the Type of Obligation element of an entry do not apply with regards to the non-conforming measures identified in the Description of Measure element of that entry.
4. A measure that is reserved against Article 8.11 (Local Presence) need not be reserved against Article 8.4 (National Treatment).
5. Commitments under Chapter 8 (Trade in Services) with respect to financial services are undertaken subject to the limitations and conditions set forth in these explanatory notes and the List herein.
6. For Brunei Darussalam’s commitments under Article 8.5 (Market Access), juridical persons supplying financial services constituted under the laws, regulations, and guidelines of Brunei Darussalam are subject to non-discriminatory limitations on juridical forms. (1)
7. All financial institutions offering Islamic financial products and services shall be subject to the Syariah requirements as determined by the laws, regulations, and guidelines of Brunei Darussalam and any supervisory bodies, with respect to their administration and business dealings concerning Islamic products and any matters connected thereto.
8. Brunei Darussalam reserves the right to require a foreign bank branch that is systemically important to be locally incorporated in Brunei Darussalam subject to the following prerequisites:
(a) such measure is imposed in a reasonable, objective, and impartial manner;
(b) Brunei Darussalam shall take in due consideration to the quality of home regulation and supervision over the bank, the degree of protection accorded to depositors in the home country with respect to depositors in Brunei Darussalam, and the amount of assets held in Brunei Darussalam;
(c) prior to the imposition of the requirement, the bank and the Party where the bank originates from shall be notified at least six months in advance of Brunei Darussalam’s intention to locally incorporate the bank;
(d) Brunei Darussalam shall consult the Party concerned regarding the requirement and provide considerations to the views expressed by the Party concerned in this regard; and
(e) provide considerable duration for the bank to comply with the requirement.
1.
Sector : All Sectors Subsector : - Type of Obligation : National Treatment (Article 8.4 and Article 10.3) Senior Management and Board of Directors (Article 10.7) Description of Measure : Trade in Services and Investment 1. Sole Proprietorship and Cooperative Society A foreign national may not establish a sole proprietorship or cooperative society. 2. Partnership A foreign national may not establish a partnership, unless with the written approval of the Registrar of Business Names. 3. Company Directorship A foreign national may not sit on the board of directors of an enterprise established in Brunei Darussalam unless one of the two directors or, where there are more than two directors, at least two of them shall be ordinarily resident in Brunei Darussalam. 4. For the purposes of this entry, a foreign national will forward his or her application to become ordinarily resident in Brunei Darussalam to the Ministry of Finance and Economy. Source of Measure : Companies Act (Chapter 39) Business Names Act (Chapter 92) Co-operative Societies Act (Chapter 84) Employment Agencies Order, 2004 Administrative Measures and Guidelines
2.
Sector : All Sectors Subsector : - Type of Obligation : National Treatment (Article 10.3) Description of Measure : Investment 1. A business licence may only be granted to a Bruneian national for the operation of commercial properties identified in the listed measures. 2. A business licence is required for the enforcement of health and safety regulations, and do not restrict the participation of a foreign national in any other commercial activity where such a business licence is required otherwise provided for in this List. Source of Measure : Beauty and Health Establishment Order, 2016 Municipal Boards Act (Chapter 57) Road Traffic Act (Chapter 68) Public Entertainment Act (Chapter 181) Administrative Measures and Guidelines
3.
Sector : Manufacturing and Services Incidental to Manufacturing Subsector : - Type of Obligation : National Treatment (Article 10.3) Prohibition of Performance Requirements (Article 10.6) Description of Measure : Investment 1. Local equity shareholding is required for all foreign investment in this sector that utilises sites under the control of relevant government authorities for manufacturing activities. 2. A foreign investor may not utilise these sites unless he or she complies with the requirement to purchase, use, or accord a preference to goods produced in Brunei Darussalam or to purchase goods from local suppliers. Source of Measure : Brunei Darussalam National Development Plan Administrative Measures and Guidelines
4.
Sector : Agriculture and Services Incidental to Agriculture Subsector : - Type of Obligation : National Treatment (Article 10.3) Prohibition of Performance Requirements (Article 10.6) Description of Measure : Investment 1. Local equity shareholding is required for all foreign investment in this sector that utilises sites under the control of relevant government authorities for agriculture and services incidental to agriculture activities. 2. A foreign investor may not utilise these sites unless he or she complies with these requirements: (a) to purchase, use, or accord a preference to goods produced in Brunei Darussalam, or to purchase goods from local suppliers; or (b) to achieve a given level or percentage of domestic content. Source of Measure : Brunei Darussalam National Development Plan Halal Meat Act (Chapter 183) Administrative Measures and Guidelines
5.
Sector : Fisheries and Services Incidental to Fisheries Subsector : - Type of Obligation : National Treatment (Article 10.3) Prohibition of Performance Requirements (Article 10.6) Description of Measure : Investment 1. Local equity shareholding is required for all foreign investment in this sector that utilises sites under the control of relevant government authorities for fishery and services incidental to fishery activities. 2. A foreign investor may not utilise these sites unless he or she complies with requirements to purchase, use, or accord a preference to goods produced in Brunei Darussalam, or to purchase goods from local suppliers. Source of Measure : Brunei Darussalam National Development Plan Fisheries Order, 2009 Fisheries (Fish Culture Farms) Regulations, 2002 Fisheries (Fish Landing Complexes) Regulations, 2002 Fisheries (Fish Processing Establishments) Regulations, 2002 Brunei Darussalam Fishery Limits Act (Chapter 130) Administrative Measures and Guidelines
6.
Sector : Forestry and Services Incidental to Forestry (Except logging and sawmilling) Subsector : - Type of Obligation : National Treatment (Article 10.3) Prohibition of Performance Requirements (Article 10.6) Description of Measure : Investment 1. A foreign national or enterprise may not establish an enterprise to undertake activities related to forestry or services incidental to forestry: (a) unless through a joint venture with a Bruneian national or enterprise, in which the foreign national or enterprise does not own more than 70 per cent equity; and (b) unless they comply with any performance requirements which may be imposed. 2. For greater certainty, this entry does not apply to logging and sawmilling activities. Source of Measure : National Forestry Policy (1989) Brunei Darussalam National Development Plan Forest Act (Chapter 46) Administrative Measures and Guidelines (Strategic Plan 2004-2023)
7.
Sector : Construction Services Subsector : - Type of Obligation : Local Presence (Article 8.11) National Treatment (Article 10.3) Prohibition of Performance Requirements (Article 10.6) Description of Measure : Trade in Services and Investment 1. A foreign national or enterprise is not allowed to provide construction services such as general construction work for building services; general construction work for civil engineering; installation and assembly work services; building completion and finishing work services, except mining; and mechanical engineering services, unless: (a) through an enterprise established in Brunei Darussalam; (b) they first register for either ‘Sijil Pendaftaran Kontraktor’ (Certificate A) as a contractor or ‘Sijil Lesen Pembina’ (Certificate B) as a supplier; or (c) they comply with any requirement to transfer technology or other proprietary knowledge to persons in Brunei Darussalam as long as such requirement to transfer technology or other proprietary knowledge does not unreasonably prejudice the legitimate interests of the owner of technology or proprietary knowledge and is not for the purposes of commercial exploitation by Brunei Darussalam. 2. In the case of Certificate A, a foreign national or enterprise may not own equity shareholding other than what is prescribed in the table below, in any enterprise that applies to be registered as a contractor or supplier: Table Class Project Threshold Level of Foreign Equity Allowed I Up to BND 50 000 None II Exceeding BND 50 000 but not more than BND 250 000 None III Exceeding BND 250 000 but not more than BND 500 000 20 per cent IV Exceeding BND 500 000 but not more than BND 1.5 million 50 per cent V Exceeding BND 1.5 million but not more than BND 5 million 70 per cent VI Exceeding BND 5 million 90 per cent Building Specialist and Supplier No threshold 90 per cent Mechanical and Electrical Specialist and Supplier No threshold 90 per cent 3. For greater certainty, Certificate A refers to certificates which are required for participating in government and private projects, whilst Certificate B refers to certificates which are required for participating in private projects only. Source of Measure : Architects, Professional Engineers and Quantity Surveyors Order, 2011 Building Control Order, 2014 Building Control Regulations, 2014 Procedures of Contractors and Suppliers Registration, Ministry of Development (Edition 2012) Administrative Measures and Guidelines
8.
Sector : Environmental Services Subsector : - Type of Obligation : Local Presence (Article 8.11) National Treatment (Article 10.3) Prohibition of Performance Requirements (Article 10.6) Description of Measure : Trade in Services and Investment 1. A foreign national or enterprise is not allowed to provide consultancy services on environmental protection and management; waste management services; landscape design management and maintenance services; and janitorial services, roadside and cleaning works services, unless: (a) they are established as an enterprise in Brunei Darussalam; (c) they first register for either ‘Sijil Pendaftaran Kontraktor’ (Certificate A) or ‘Sijil Lesen Pembina’ (Certificate B), as a contractor or supplier; or (c) they comply with any requirement to transfer technology or other proprietary knowledge to persons in Brunei Darussalam as long as such requirement to transfer technology or other proprietary knowledge does not unreasonably prejudice the legitimate interests of the owner of technology or proprietary knowledge and is not for the purposes of commercial exploitation by Brunei Darussalam. 2. In the case of Certificate A, a foreign national or enterprise may not own equity shareholding other than what is prescribed in the table below, in any enterprise that applies to be registered as a contractor or supplier: Table Class Project Threshold Level of Foreign Equity Allowed I Up to BND 50 000 None II Exceeding BND 50 000 but not more than BND 250 000 None III Exceeding BND 250 000 but not more than BND 500 000 20 per cent IV Exceeding BND 500 000 but not more than BND 1.5 million 50 per cent V Exceeding BND 1.5 million but not more than BND 5 million 70 per cent VI Exceeding BND 5 million 90 per cent Building Specialist and Supplier No threshold 90 per cent Mechanical and Electrical Specialist and Supplier No threshold 90 per cent 3. For greater certainty, Certificate A refers to certificates which are required for participating in government and private projects, whilst Certificate B refers to certificates which are required for participating in private projects only. Source of Measure : Pollution Control Guidelines for Industrial Development of Brunei Darussalam (2002) Planning Guidelines for Earthworks Development (Focus on Environmental Sensitive Area) (2009) Planning Guidelines and Standards for Industrial Development (2010) Environmental Protection and Management Order, 2016 Hazardous Waste (Control of Export, Import and Transit) Order, 2013 Administrative Measures and Guidelines
9.
Sector : Business Services Subsector : Public Auditing Services Type of Obligation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Senior Management and Board of Directors (Article 10.7) Description of Measure : Trade in Services and Investment 1. A foreign national or enterprise may not establish financial auditing enterprises in Brunei Darussalam, unless through a partnership or joint venture with at least one authorised Bruneian auditor. 2. If they are not established in Brunei Darussalam, a foreign national or enterprise may not provide financial auditing services in Brunei Darussalam, unless: (a) authorised by the Ministry of Finance and Economy; or (b) through a locally established auditor or enterprise, provided that they are authorised by the Ministry of Finance and Economy. 3. For greater certainty, the term “authorised” refers to a qualified person who has been authorised by the Ministry of Finance and Economy to provide financial auditing services. Source of Measure : Companies Act (Chapter 39) Accountants Order, 2010 Administrative Measures and Guidelines
10.
Sector : Business Services Subsector : Veterinary Services Type of Obligation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not provide veterinary services in Brunei Darussalam, unless through an enterprise established in Brunei Darussalam that is a partnership or joint venture, where the foreign national or enterprise does not own more than 51 per cent equity shareholding in any such enterprise providing veterinary service. Source of Measure : Companies Act (Chapter 39) Veterinary Surgeons Order, 2005 Administrative Measures and Guidelines
11.
Sector : Business Services Subsector : Industrial Design Services Type of Obligation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not provide industrial design services in Brunei Darussalam, unless through an enterprise established in Brunei Darussalam that is a partnership or joint venture, where the foreign national or enterprise does not own more than 51 per cent equity shareholding in any such enterprise providing industrial design services. Source of Measure : Companies Act (Chapter 39) Industrial Design Rules, 2000 Industrial Designs Order, 1999 [E.O.] Administrative Measures and Guidelines
12.
Sector : Business Services Subsector : Computer and Related Services Type of Obligation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not provide computer and related services through a commercial presence, unless they are ordinarily resident in Brunei Darussalam and through an enterprise established in Brunei Darussalam. Source of Measure : Companies Act (Chapter 39) Authority for Info-Communications Technology Industry of Brunei Darussalam Order, 2001 Administrative Measures and Guidelines
13.
Sector : Telecommunication Services Subsector : - Type of Obligation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Description of Measure : Trade in Services and Investment 1. A foreign national or enterprise may not provide telecommunication services for which Brunei Darussalam requires a licence2 in the territory of Brunei Darussalam, unless: (a) they maintain a physical business presence in Brunei Darussalam; (b) they provide such services through a commercial arrangement with a licensed operator in Brunei Darussalam; (c) through a joint venture with a Bruneian national or enterprise, in which the foreign national or enterprise does not own more than 51 per cent equity; and (d) where so required, they locate their transmission equipment used for the provision of public telecommunications networks or supply of public telecommunications services within Brunei Darussalam. 2. A foreign national or enterprise may not undertake activities related to telecommunication services unless they comply with any performance requirements that may be imposed. Source of Measure : Telecommunications Order, 2001 AiTi Operational Framework (2006) 2 Software application-based services provided over the Internet (Over-the-Top services) do not currently require a licence in Brunei Darussalam.
14.
Sector : Business Services Subsector : Architectural Services Engineering Services Integrated Engineering Services Quantity Surveying Services Related Scientific and Technical Consulting Services Surveying Services Urban Planning and Landscape Services Type of Obligation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Senior Management and Board of Directors (Article 10.7) Description of Measure : Trade in Services and Investment 1. A foreign national or enterprise may not provide architectural services, engineering services, integrated engineering services, and quantity surveying services, unless: (a) they are resident in Brunei Darussalam for at least 90 days per calendar year and are registered as an “architect, professional engineer or quantity surveyor” in that sector with the Brunei Darussalam Board of Architects, Professional Engineers and Quantity Surveyors; (b) if they are not resident in Brunei Darussalam, it is through a local enterprise where the services suppliers are registered as an “architect, professional engineer or quantity surveyor and hold a practising certificate” in that sector with the Brunei Darussalam Board of Architects, Professional Engineers and Quantity Surveyors; or (c) through an enterprise established in Brunei Darussalam that is a partnership or joint venture, where the foreign equity participation shall not exceed 51 per cent, with at least one Bruneian national who is registered as an “architect, professional engineer or quantity surveyor” and holds a practising certificate in that sector with Brunei Darussalam Board of Architects, Professional Engineers and Quantity Surveyors. 2. A foreign national or enterprise may not provide urban planning and landscape services, related scientific and technical consulting services, and surveying services, unless: (a) they are resident in Brunei Darussalam for at least 90 days per calendar year and are registered as a “planner or surveyor” in that sector with the Ministry of Development; (b) if they are not resident in Brunei Darussalam, it is through a local enterprise where the services suppliers are registered as “planner or surveyor” in this sector with the Ministry of Development; or (c) through an enterprise established in Brunei Darussalam that is a partnership or joint venture, where the foreign equity participation shall not exceed 51 per cent, with at least one Bruneian national who is registered as a “planner or surveyor” in that sector with the Ministry of Development. Source of Measure : Architects, Professional Engineers and Quantity Surveyors Order, 2011 Licensed Land Surveyors Act (Chapter 100) Licensed Land Surveyors Regulations, 1981 Town Planners Registration Order, 2014 Town and Country Planning Order, 2015 Administrative Measures and Guidelines
15.
Sector : Private Health and Social Services Subsector : General Medical practitioners Specialised Medical practitioners Dental practitioners Type of Obligation : National Treatment (Article 8.4) Local Presence (Article 8.11) Description of Measure : Trade in Services A foreign national may not provide a private practice for the provision of general medical, specialised medical, or dental services unless the foreign national has worked in Brunei Darussalam for at least six cumulative years as a General Medical, Specialised Medical, or Dental Practitioner, which shall include three years of clinical service in a public hospital, health centre, or clinic under the Ministry of Health. Source of Measure : Medical Practitioners and Dentists Act (Chapter 112)
16.
Sector : Social Services Subsector : Child day-care services including day-care services for the handicapped Type of Obligation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not establish child day-care services, including day-care services for the handicapped, unless through an enterprise established in Brunei Darussalam that is a partnership or joint venture, where the foreign national or enterprise does not own more than 51 per cent equity shareholding. Source of Measure : Administrative Measures and Guidelines
17.
Sector : Other Human Health Services Subsector : Services provided by nurses Pharmaceutical services Type of Obligation : Market Access (Article 8.5) National Treatment (Article 10.3) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not provide pharmaceutical services or services provided by nurses through a commercial presence, unless through an enterprise established in Brunei Darussalam that is a partnership or joint venture, where the foreign national or enterprise does not own more than 49 per cent equity shareholding in any such enterprise providing pharmaceutical services or services provided by nurses. Source of Measure : Medical Practitioners and Dentists Act (Chapter 112) Administrative Measures and Guidelines
18.
Sector : Other Health Related and Social Services Subsector : Ambulance Services Type of Obligation : Market Access (Article 8.5) National Treatment (Article 10.3) Prohibition of Performance Requirements (Article 10.6) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not provide ambulance services through a commercial presence, unless through an enterprise established in Brunei Darussalam that is a partnership or joint venture, where the foreign national or enterprise does not own more than 51 per cent equity shareholding. Source of Measure : Administrative Measures and Guidelines
19.
Sector : Tourism and Travel Related Services Subsector : Travel Agents Tour Operator Services Tour Guide Services (for birdwatching only) Other Tourism and Travel Related Services Type of Obligation : Market Access (Article 8.5) National Treatment (Article 10.3) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not establish a travel agency, tour operator services, birdwatching tour guide services, or other tourism and travel related services through a commercial presence, unless through an enterprise established in Brunei Darussalam that is a partnership or joint venture, where the foreign national or enterprise does not own more than 51 per cent equity shareholding in any such enterprise providing such services. Source of Measure : Tourism Order, 2016 Administrative Measures and Guidelines
20.
Sector : Tourism Subsector : Hotels, Boarding House, or Lodging Hotels and Restaurants (including catering) Type of Obligation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not establish hotels, boarding house, or lodging; or hotels and restaurants which include catering services, through a commercial presence unless: (a) it is through a joint venture with a Bruneian national or enterprise, where the foreign equity participation shall not exceed 51 per cent; (b) where the majority of senior managers are Bruneian nationals; and (c) where there is a preference to purchase, use, or accord a preference to goods produced in Brunei Darussalam, or to purchase goods from local suppliers. Source of Measure : Administrative Measures and Guidelines
21.
Sector : Recreational, Cultural and Sporting Services Subsector : News Agency Services Library Services Information Technology (i.e. 6D Theatre) Consultancy in Library Marketing (including services and premises; Establishment of New Libraries; and Research on User Needs) Supplying Library Materials (children’s books, e-books or e-journals of local authors etc.) Establishment of Private Library Archive Services Sports Event Promotion Services Sports Event Organisation Services Sports Facility Operation Services Computer Reservations System Services Type of Obligation : National Treatment (Article 10.3) Description of Measure : Investment 1. A foreign national or enterprise may not provide news agency services; library services (information technology, consultancy in library marketing, supplying library materials, establishment of private library); archive services; and sports event promotion, organisation, or operation services, through a commercial presence unless it is through an enterprise established in Brunei Darussalam that is a joint venture, where the foreign national or enterprise does not own more than 51 per cent equity shareholding. 2. A foreign national or enterprise may not provide computer reservation system services through a commercial presence, unless it is through an enterprise established in Brunei Darussalam that is a joint venture, where the foreign national or enterprise does not own more than 40 per cent equity shareholding. Source of Measure : Administrative Measures and Guidelines
22.
Sector : Transport Services Subsector : Rail Transport Services Type of Obligation : Market Access (Article 8.5) National Treatment (Article 10.3) Senior Management and Board of Directors (Article 10.7) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not provide rail transport services through a commercial presence, unless: (a) it is through an enterprise established in Brunei Darussalam that is a joint venture, where the foreign national or enterprise does not own more than 40 per cent equity shareholding in any such enterprise providing rail transport services; and (b) a majority of the senior managers in any such enterprise established are Bruneian nationals. Source of Measure : Administrative Measures and Guidelines
23.
Sector : Transport Services Subsector : Maritime Passenger Transport Services Maritime Freight Transport Services (except for energy goods) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 10.3) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not provide services auxiliary to maritime transport services through a commercial presence at Muara Port, unless: (a) it is through an enterprise established in Brunei Darussalam that is a joint venture, where the foreign national or enterprise does not own more than 40 per cent equity shareholding in any such enterprise providing services auxiliary to maritime transport services; and (b) a majority of the senior managers in any such enterprise established are Bruneian nationals. Source of Measure : Administrative Measures and Guidelines
24.
Sector : Transport Services Subsector : Space Transport Type of Obligation : Market Access (Article 8.5) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not provide space transport services through a commercial presence, unless: (a) it is through an enterprise established in Brunei Darussalam that is a joint venture, where the foreign national or enterprise does not own more than 40 per cent equity shareholding in any such enterprise providing space transport services; and (b) a majority of the senior managers in any such enterprise established are Bruneian nationals. Source of Measure : Administrative Measures and Guidelines
25.
Sector : Transport Services Subsector : Rental of Aircraft with Crew Type of Obligation : Market Access (Article 8.5) Local Presence (Article 8.11) National Treatment (Article 10.3) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not provide rental or leasing services relating to aircraft without operators, or rental of aircraft with crew in Brunei Darussalam, unless: (a) (i) only through a representative office with a permanent address in Brunei Darussalam; or (ii) only by appointment of a General Sales Agent, that is Bruneian controlled company; (b) a majority of the senior managers in any such enterprise established are Bruneian nationals; (c) the aircraft is certified; and (d) the services are approved by Brunei Darussalam subject to any infrastructure capacity conditions or limitations. Source of Measure : Companies Act (Chapter 39) Administrative Measures and Guidelines
26.
Sector : Business Services Subsector : Rental or Leasing Services relating to Aircraft without Operator Type of Obligation : Market Access (Article 8.5) Local Presence (Article 8.11) National Treatment (Article 10.3) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not provide rental or leasing services relating to aircraft without operators, or rental of aircraft with crew in Brunei Darussalam, unless: (a) (i) only through a representative office with a permanent address in Brunei Darussalam; or (ii) only by appointment of a General Sales Agent, that is a Bruneian controlled company; (b) a majority of the senior managers in any such enterprise established are Bruneian nationals; (c) the aircraft is certified; and (d) the services are approved by Brunei Darussalam subject to any infrastructure capacity conditions or limitations. Source of Measure : Companies Act (Chapter 39) Administrative Measures and Guidelines
27.
Sector : Communication Services Subsector : Audio-visual Services, including Sound Recording services and Audio-visual post production support services Type of Obligation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Senior Management and Board of Directors (Article 10.7) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not provide audio-visual services through a commercial presence, unless through an enterprise established in Brunei Darussalam that is a partnership or joint venture, where the foreign national or enterprise does not own more than 51 per cent equity shareholding in any such enterprise providing audio-visual services. Source of Measure : Administrative Measures and Guidelines
28.
Sector : Communication Services Subsector : Courier Services Type of Obligation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not provide courier services through a commercial presence, unless through an enterprise established in Brunei Darussalam that is a partnership or joint venture, where the foreign national or enterprise does not own more than 49 per cent equity shareholding in any such enterprise providing courier services. Source of Measure : Administrative Measures and Guidelines
29.
Sector : Education Services Subsector : Adult Education, for courses with maximum duration of three months (Private Education) Other Education Services (Foreign Language Training Centre) Type of Obligation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Senior Management and Board of Directors (Article 10.7) Description of Measure : Trade in Services and Investment 1. A foreign national or enterprise may not provide adult education services through a commercial presence, unless: (a) it is through an enterprise established in Brunei Darussalam that is a joint venture, where the foreign national or enterprise does not own more than 49 per cent equity shareholding in any such enterprise providing adult education services; and (b) foreign employees do not exceed 10 per cent of workforce. 2. A foreign national or enterprise may not provide foreign language training centres through a commercial presence, unless: (a) it is through an enterprise established in Brunei Darussalam that is a joint venture, where the foreign national or enterprise does not own more than 49 per cent equity shareholding in any such enterprise providing foreign language training services; and (b) a majority of the senior managers in any such enterprise established are Bruneian nationals. Source of Measure : Education Act (Chapter 210) Administrative Measures and Guidelines
30.
Sector : Financial Services Subsector : Finance Companies Type of Obligation : Market Access (Article 8.5) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not carry on financing business or Islamic financing services unless they are incorporated in Brunei Darussalam. Source of Measure : Finance Companies Act (Chapter 89)
31.
Sector : Financial Services Subsector : Money-Changing and Remittance Businesses Type of Obligation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Description of Measure : Trade in Services and Investment A foreign national or enterprise may not provide services relating to money-changing and money remittance businesses. The number of licences awarded for these businesses are limited. Source of Measure : Money-Changing and Remittance Businesses Act (Chapter 174)
32.
Sector : Financial Services Subsector : Insurance Type of Obligation : Market Access (Article 8.5) Description of Measure : Trade in Services A foreign national or enterprise may not provide compulsory insurance of motor third party liability and workmen’s compensation unless they are purchased, directly or through an intermediary, from licensed insurance companies or takaful operators in Brunei Darussalam. Source of Measure : Motor Vehicles Insurance (Third Party Risks) Act, (Chapter 90) Workmen’s Compensation Act (Chapter 74)
33.
Sector : Financial Services Subsector : Insurance Intermediaries Type of Obligation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Description of Measure : Trade in Services and Investment 1. Insurance Agents A foreign national is not allowed to be registered as an insurance agent in Brunei Darussalam. 2. Insurance Brokers A foreign national or enterprise is not allowed to provide insurance brokers services unless they are incorporated in Brunei Darussalam. Source of Measure : Insurance Order, 2006 Takaful Order, 2008 Companies Act (Chapter 39) Business Names Act (Chapter 92)
34.
Sector : Financial Services Subsector : Banking Type of Obligation : Market Access (Article 8.5) Description of Measure : Trade in Services A foreign national or enterprise is not allowed to provide any outsourcing activities unless it is approved by the Autoriti Monetari Brunei Darussalam with the following conditions: (a) the outsourced activities are not related to credit assessment, processing, administration, or any related core banking activities; and (b) the outsourcing activities will not affect financial institutions’ human capital and it does not involve any retrenchment of local employees. Source of Measure : Banking Order, 2006 Islamic Banking Order, 2008 Outsourcing Guidelines
35.
Sector : Financial Services Subsector : Insurance and Takaful Type of Obligation : Market Access (Article 8.5) Description of Measure : Trade in Services and Investment A foreign national or enterprise is not allowed to provide all direct life insurance or takaful products and services including annuity, disability, income, accident, and health insurance unless it is through insurance companies established and licensed in Brunei Darussalam. Source of Measure : Insurance Order, 2006 Takaful Order, 2008 Autoriti Monetari Brunei Darussalam Order, 2010
36.
Sector : Financial Services Subsector : Insurance and Takaful Type of Obligation : Market Access (Article 8.5) Description of Measure : Trade in Services and Investment A foreign national or enterprise is not allowed to provide all direct non-life insurance or takaful products and services including annuity, disability income, accident, and health insurance and contracts of fidelity bonds, performance body, or similar contracts of guarantee unless it is through insurance or takaful companies established and licensed in Brunei Darussalam. Source of Measure : Insurance Order, 2006 Takaful Order, 2008 Autoriti Monetari Brunei Darussalam Order, 2010
37.
Sector : Financial Services Subsector : Banking and Other Financial Services Type of Obligation : National Treatment (Article 8.4) Market Access (Article 8.5) Description of Measure : Trade in Services and Investment A foreign national or enterprise is not allowed to provide any activities related to the acceptance of deposits and other repayable funds unless it is through banking, Islamic banking, or Finance Companies established and licensed in Brunei Darussalam. Source of Measure : Banking Order, 2006 Islamic Banking Order, 2008 Autoriti Monetari Brunei Darussalam Order, 2010
38.
Sector : Financial Services Subsector : All Sectors Type of Obligation : Market Access (Article 8.5) Description of Measure : Trade in Services and Investment A foreign national or enterprise is not allowed to conduct any cross border activities related to the provision and transfer of financial information, financial data processing, and related software unless it is through entities established and licensed in Brunei Darussalam. Source of Measure : Banking Order, 2006 Islamic Banking Order, 2008 Finance Companies Act (Chapter 89) Insurance Order, 2006 Takaful Order, 2008 Securities Markets Order, 2013 Securities Markets Regulations, 2015 Money-Changing and Remittance Business Act (Chapter 174) Outsourcing Guidelines Autoriti Monetari Brunei Darussalam Order, 2010
39.
Sector : Financial Services Subsector : Capital Market Type of Obligation : Market Access (Article 8.5) Description of Measure : Trade in Services and Investment A foreign national or enterprise is not allowed to carry out and provide any type of advisory or other auxiliary services, including credit reference and analysis; investment and portfolio research and advice; advice on acquisitions and on corporate restructuring and strategy, unless it is carried out by or through entities with capital market services licence or capital market services representative licence. Source of Measure : Securities Markets Order, 2013 Securities Markets Regulations, 2015
40.
Sector : Financial Services Subsector : Reinsurance and Retrocession (life and non-life) Type of Obligation : Market Access (Article 8.5) Description of Measure : Trade in Services and Investment A foreign national or enterprise is not allowed to conduct any type of reinsurance and retrocession (life and non-life) activities unless it is through reinsurance companies or retakaful operators established and licensed in Brunei Darussalam. Source of Measure : Insurance Order, 2006 Takaful Order, 2008
List B. Explanatory Notes
1. This List sets out, pursuant to Article 8.8 (Schedules of Non-Conforming Measures) and Article 10.8 (Reservations and Non-Conforming Measures), the specific sectors or activities for which Brunei Darussalam may maintain existing or adopt new or more restrictive measures that do not conform with obligations imposed by:
(a) Article 8.4 (National Treatment) or Article 10.3 (National Treatment);
(b) Article 8.5 (Market Access);
(c) Article 8.6 (Most-Favoured-Nation Treatment) or Article 10.4 (Most-Favoured-Nation Treatment);
(d) Article 8.11 (Local Presence);
(e) Article 10.6 (Prohibition of Performance Requirements); or
(f) Article 10.7 (Senior Management and Board of Directors).
2. Each entry in this List sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Subsector refers to the specific subsector for which the entry is made;
(c) Obligations Concerned specifies the obligation referred to in paragraph 1 that, pursuant to Article 8.8 (Schedules of Non-Conforming Measures) and Article 10.8 (Reservations and Non-Conforming Measures), do not apply to the sectors, subsectors, or activities listed in the entry;
(d) Description sets out the scope of the sectors, subsectors, or activities covered by the entry; and
(e) Existing Measures, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, subsectors, or activities covered by the entry.
3. In accordance with Article 8.8 (Schedules of Non-Conforming Measures) and Article 10.8 (Reservations and Non-Conforming Measures), the Articles specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors, and activities identified in the Description element of that entry.
4. Commitments under Chapter 8 (Trade in Services) with respect to financial services are undertaken subject to the limitations and conditions set forth in these explanatory notes and the List herein.
5. For greater certainty, Brunei Darussalam's commitment with respect to Article 8.5 (Market Access), juridical persons supplying financial services and constituted under the laws, regulations, and guidelines of Brunei Darussalam are subject to non-discriminatory limitations on juridical forms. (3)
6. All financial institutions offering Islamic financial products and services shall be subject to the Syariah requirements as determined by the laws of Brunei Darussalam and any supervisory bodies for the control of the administration and business dealings of financial institutions concerning Islamic products and any matters connected thereto.
7. Brunei Darussalam reserves the right to require a foreign bank branch that is systemically important to be a locally incorporated bank in Brunei Darussalam subject to the following prerequisites:
(a) such measure is imposed in a reasonable, objective, and impartial manner;
(b) Brunei Darussalam shall take in due consideration the quality of home regulation and supervision over the bank, degree of protection accorded to depositors in the home country with respect to depositors in Brunei Darussalam, and the amount of assets held in Brunei Darussalam;
(c) prior to the imposition of the requirement, the bank and the Party where the bank originates from shall be notified at least six months in advance of Brunei Darussalam’s intention to locally incorporate the bank;
(d) Brunei Darussalam shall engage the Party concerned in consultations regarding the requirement and provide due considerations to the views expressed by the Party concerned in this regard; and
(e) provide considerable duration for the bank to comply with the requirement.
1.
Sector : All Sectors Subsector : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to the privatisation, corporatisation, commercialisation, or divestment of government assets, entities, or agencies including the following: (a) limitations on ownership of assets; (b) transfer or disposal of equity interests or their assets; (c) the right of foreign investors or their investments to control their assets; and (d) nationality of the senior management or members of the board of directors. Existing Measures : -
2.
Sector : All Sectors Subsector : - Obligations Concerned : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Description : Investment 1. Brunei Darussalam reserves the right to adopt or maintain any measure relating to all land transactions and use, which shall be subject to approval and consent by His Majesty-in-Council, including: (a) ownership and lease of land; and (b) conditions on which such land shall be held, including the use of natural resources associated with such land. 2. Brunei Darussalam reserves the right to adopt or maintain any measure affecting the subdivision and consolidation of land, land use, land planning, and earthwork and building applications on state and private land. Existing Measures : Land Code (Chapter 40) Land Code (Strata) Act (Chapter 189) Town and Country Planning (Control of Subdivision and Consolidation of Land) Regulations, 1973 Town and Country Planning (Control of Development and Use of Land and Buildings) Regulations, 1974 Town and Country Planning Order, 2015 Building Control Order, 2014 Land Code (Amendment) Order, 2016 Valuers and Estate Agents (Amendment) Order, 2016
3.
Sector : All Sectors Subsector : - Obligations Concerned : Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure that accords differential or preferential treatment to: (a) any countries under any bilateral, regional or multilateral international agreement signed or in force prior to the date of entry into force of this Agreement;4 (b) any Member State of ASEAN under any agreement or arrangement between or among Member States of ASEAN in force or signed after the date of entry into force of this Agreement; and (c) any countries under any international agreement in force or signed after the date of entry into force of this Agreement involving: (i) air services; (ii) maritime and port matters; (iii) fisheries; (iv) e-commerce; (v) broadcasting; and (vi) land transport. Existing Measures : - 4 For greater certainty, this extends to any preferential treatment accorded pursuant to a subsequent review or amendment of the relevant bilateral, regional or multilateral international agreement.
4.
Sector : All Sectors Subsector : - Obligations Concerned : Market Access (Article 8.5) Description : Trade in Services Brunei Darussalam reserves the right to adopt or maintain any measure with respect to the supply of a service by the presence of natural persons, including on the total number of foreign natural persons that may be employed in any sector, subject to Chapter 9 (Temporary Movement of Natural Persons), and in a manner that is not inconsistent with Brunei Darussalam’s obligations under Article XVI of GATS. Existing Measures : -
5.
Sector : All Sectors Subsector : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure that it considers necessary for the protection of its essential security interests. Existing Measures : -
6.
Sector : All Sectors Subsector : - Obligations Concerned : Prohibition of Performance Requirements (Article 10.6) Description : Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to the imposition and enforcement of a requirement, commitment, or undertaking relating to the transfer of technology, production process, or other proprietary knowledge to a person in Brunei Darussalam as: (a) a condition for establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in Brunei Darussalam; or (b) a condition for receipt or continued receipt of an advantage in connection with the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in Brunei Darussalam. Existing Measures : -
7.
Sector : Fishery and Services Incidental to Fisheries Subsector : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to any fisheries activity in its territory and its exclusive economic zone. Existing Measures : Brunei Darussalam National Development Plan Fisheries Order, 2009 Fisheries (Fish Culture Farms) Regulations, 2002 Fisheries (Fish Landing Complexes) Regulations, 2002 Fisheries (Fish Processing Establishments) Regulations, 2002 Brunei Darussalam Fishery Limits Act (Chapter 130) Exclusive Economic Zone Proclamation (Sup. IIA) Administrative Measures and Guidelines
8.
Sector : Logging and sawmilling Subsector : - Obligations Concerned : National Treatment (Article 10.3) Description : Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to logging and sawmilling activities. Existing Measures : Brunei Darussalam National Development Plan Brunei Darussalam Long-Term Development Plan Forest Act (Chapter 46) National Forestry Policy (1989) Administrative Measures and Guidelines
9.
Sector : Mining and Quarrying, and Services Incidental to Mining and Quarrying Subsector : Sand and Gravel Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure related to this subsector. This includes any measure with respect to the commercialisation of activities relating to silica sand deposits, including mining, quarrying, manufacture, and export of such deposits. Existing Measures : Mining Act (Chapter 42) Administrative Measures and Guidelines
10.
Sector : Oil and Gas Subsector : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to the Oil and Gas Industry. Existing Measures : Petroleum Mining Act (Chapter 44) (as amended from time to time) Brunei National Petroleum Company Sendirian Berhad Order, 2002 (as amended from time to time) Petroleum (Pipe-Lines) Act (Chapter 45) (as amended from time to time) Administrative Measures and Guidelines
11.
Sector : Coal Subsector : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to this sector including the exploration, extraction, and use of coal reserves in Brunei Darussalam. Existing Measures : -
12.
Sector : Business Services Subsector : Services Incidental to Agriculture, Hunting and Forestry Services Incidental to Mining Services Incidental to Manufacturing Services Incidental to Energy Distribution Obligations Concerned : National Treatment (Article 8.4) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6) Local Presence (Article 8.11) Description : Trade in Services Brunei Darussalam reserves the right to adopt or maintain any measure relating to services incidental to the sectors listed above. Existing Measures : -
13.
Sector : Business Services Subsector : Placement and supply services of personnel Employment Agencies Investigation and Security, including Unarmed Guard Services Convention Services Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to placement and supply services of personnel; employment agencies; investigation and security, including unarmed guard services; and Convention Services. Existing Measures : Employment Agencies Order, 2004 Administrative Measures and Guidelines
14.
Sector : Business Services Subsector : Research and Development Services Research and Development Services on Natural Sciences and Engineering Research and Development Services on Social Sciences and Humanities Interdisciplinary Research and Development Services Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to the supply of research and development services. Existing Measures : -
15.
Sector : Business Services Subsector : Other Business Services Sale or leasing services of advertising space or time Planning, creating, and placement services of advertising Other advertising services (Advertising consultancy services) Marketing research and public opinion polling services Management consulting services Services related to management consulting (including management services n.e.c.) Technical testing and analysis services including other technical testing and analysis services Related scientific and technical consulting services Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) Building-cleaning services Photographic services Packaging services Duplicating services Translation and interpretation services Mailing list compilation and mailing services Specialty design services Obligations Concerned : National Treatment (Article 8.4) Market Access (Article 8.5) Description : Trade in Services Brunei Darussalam reserves the right to adopt or maintain any measure relating to the supply of services in Brunei Darussalam for the sectors listed above. Existing Measures : -
16.
Sector : Business Services Subsector : Rental or Leasing Services without Operator Relating to Ships Relating to Other Transport Equipment Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment Brunei Darussalam reserves the right to adopt or maintain any measure relating to rental or leasing services without operator for ships or other transport equipment in Brunei Darussalam. Existing Measures : -