Description of additional commitment
Sector: Maritime Transport Services
Services at Australian ports are made available to international maritime transport suppliers on reasonable and non-discriminatory terms and conditions. The following is an indicative, but not exhaustive, list of services at Australian ports: pilotage, towing and tug assistance; provisioning, fuelling and watering; garbage collection and ballast waste disposal; Port Captain's services; navigation aids; shore-based operational services essential to ship operations, including communications, water and electrical supplies; emergency repair facilities; anchorage, berth and berthing services.
Where road, rail and related auxiliary services are not fully covered in Appendix A (Australia's Market Access Commitments - Regional (State and Territory) Level) of List B a multimodal transport operator shall have the ability, on reasonable and non-discriminatory terms and conditions, to rent, hire or charter trucks, railway carriages, ships and related equipment for the purpose of onward forwarding of international cargoes carried by sea, or have access to and use of these forms of transport services for the purpose of providing multimodal transport services.
ANNEX 3. SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT AND SERVICES BRUNEI DARUSSALAM
LIST A. EXPLANATORY NOTES
1. This List A sets out, pursuant to Article 12 (Schedules of Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 13 (Reservations and Non- Conforming Measures) of Chapter 11 (Investment), Brunei Darussalam's existing measures that are not subject to some or all of the obligations imposed by:
(a) Article 4 (National Treatment) of Chapter 8 (Trade in Services) or Article 3 (National Treatment) of Chapter 11 (Investment);
(b) Article 9 (Most-Favoured-Nation Treatment) of Chapter 8 (Trade in Services) or Article 4 (Most-Favoured-Nation Treatment) of Chapter 11 (Investment);
(c) Article 5 (Market Access) of Chapter 8 (Trade in Services);
(d) Article 10 (Local Presence) of Chapter 8 (Trade in Services);
(e) Article 5 (Senior Management and Board of Directors) of Chapter 11 (Investment); or
(f) Article 6 (Prohibition of Performance Requirements) of Chapter 11 (Investment).
2. Each entry in this List A sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Subsector, where referenced, refers to the specific subsector for which the entry is made;
(c) Obligations Concerned specifies the obligations referred to in Paragraph 1 that, pursuant to Article 12 (Schedules of Non- Conforming Measures) of Chapter 8 (Trade in Services) and Article 13 (Reservations and Non-Conforming Measures) of Chapter 11 (Investment), do not apply to the listed measures;
(d) Description sets out the non-conforming measure for which the entry is made; and
(e) Source of Measure identifies the laws, regulations or other measures that are the source of the non-conforming measure for which the entry is made. A measure cited in this element:
(i) means the measure as amended, continued or renewed as of the date of entry into force of this Second Protocol, and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure.
3. In accordance with Article 12 (Schedules of Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 13 (Reservations and Non-Conforming Measures) of Chapter 11 (Investment), the Articles specified in the Obligations Concerned element of an entry do not apply to the non-conforming measures identified in the Description element of that entry.
4. A measure that is reserved against Article 10 (Local Presence) of Chapter 8 (Trade in Services) need not be reserved against Article 4 (National Treatment) of Chapter 8 (Trade in Services).
5. The Schedules of other Parties shall not be used to interpret Brunei Darussalam's commitments or obligations under Chapter 8 (Trade in Services) or Chapter 11 (Investment).
6. 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 this List A.
7. For Brunei Darussalam's commitments under Article 5 (Market Access) of Chapter 8 (Trade in Services), 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)
8. All financial institutions offering Islamic financial products and services shall be subject to the Shariah 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.
9. 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: -
Obligations Concerned: National Treatment (Trade in Services and Investment).Senior Management and Board of Directors
Description: 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 Registry of Companies and Business Names (ROCBN).
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: -
Obligations Concerned: National Treatment (Investment)
Description: 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 A.
Source of Measure:
Beauty and Health Establishment Order, 2016
Municipal Boards Act (Chapter 57)
Road Traffic Act (Chapter 68)
Public Entertainment Act (Chapter 187)
Administrative Measures and Guidelines
3. Sector: Manufacturing and Services Incidental to Manufacturing
Subsector: -
Obligations Concerned: National Treatment (Investment). Prohibition of Performance Requirements
Description: 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 and services incidental to 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: -
Obligations Concerned: National Treatment (Investment). Prohibition of Performance Requirements
Description: 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) Halal Certificate and Halal Label Order, 2005
Administrative Measures and Guidelines
5. Sector: Fisheries and Services Incidental to Fisheries
Subsector: -
Obligations Concerned: National Treatment (Investment). Prohibition of Performance Requirements
Description: 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 the requirements to purchase, use, or accord a preference to goods produced in Brunei Darussalam, or to purchase goods from local suppliers.
Source of Measure:
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: -
Obligations Concerned: National Treatment (Investment). Prohibition of Performance Requirements
Description: Investment
1. A foreign national or enterprise may not establish an enterprise to undertake activities related to forestry and services incidental to forestry activities:
(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 shareholding; 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: -
Obligations Concerned: Local Presence. National Treatment (Investment). Prohibition of Performance Requirements
Description: 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 and mining; installation and assembly work services; building completion and finishing work services; and mechanical engineering services, unless:
(a) through an enterprise established in Brunei Darussalam registered under the Registry of Companies and Business Names (ROCBN);
(b) they first register for a Lesen Pembina (Builder's License) and, if required, a Sifil Pendaftaran Kontraktor (Contractor Registration Certificate) as a contractor or a Sifif Pendaftaran Pembekal (Supplier's Registration Certificate) as a supplier; and
(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 Contractor Registration Certificate and Suppliers Registration Certificate, a foreign national or enterprise may not own full 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 |
| Supplier | No threshold | 70 per cent |
3. For greater certainty, Contractor Registration Certificate refers to certificates which are required for participating in government and private projects, whilst Builder's License 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: -
Obligations Concerned: Local Presence. National Treatment (Investment). Prohibition of Performance Requirements
Description: 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) through an enterprise established in Brunei Darussalam registered under the Registry of Companies and Business Names (ROCBN);
(b) they first register for a Lesen Pembina (Builder's License) and, if required, a Sifil Pendaftaran Kontraktor (Contractor Registration Certificate) as a contractor or a Sifif Pendaftaran Pembekal (Supplier's Registration Certificate) as a supplier; and
(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 Contractor Registration Certificate and Suppliers Registration Certificate, a foreign national or enterprise may not own full 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 BNB 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 |
| Supplier | No threshold | 70 per cent |
3. For greater certainty, Contractor Registration Certificate refers to certificates which are required for participating in government and private projects, whilst Builder's License 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 (2070)