BRUNEI
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
De minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is BND 400 (approx. USD 300), above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
BRUNEI
Since March 2015
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
BNNIC Registration Policies, Procedures and Guidelines
According to Arts. 3.1 and 3.6 of the BNNIC Registration Policies, Procedures, and Guidelines, foreign companies or businesses may register for ".bn" and "com.bn" domains only if they have a registered trademark with the Registrar of Trademarks.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210925223756/http://www.bnnic.bn/files/Registration%20Policies%20Procedures%20and%20Guidelines.pdf
- https://web.archive.org/web/20231031144121/http://www.bnnic.bn/faqs#subcat98
- https://bn.usembassy.gov/wp-content/uploads/sites/196/2016/09/2006ipr-toolkit.pdf?_ga=2.174414178.1556769793.1496152018-1433504427.1496151983
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BRUNEI
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Brunei lacks a comprehensive framework for consumer protection that applies to online transactions. However, the country has partial laws in place, namely the Consumer Protection (Fair Trading) Order 2011 and the Electronic Transactions Act (2008).
Coverage Horizontal
BRUNEI
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Brunei has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BRUNEI
Since 2000
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Brunei has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
BRUNEI
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Brunei has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
BRUNEI
Since February 2001
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Broadcasting (Class Licence) Notification, 2001 (S 13/2001) (Akta Penyiaran Kenyataan Penyiaran (Lesen Kelas), 2001)
According to Section 3 of the Broadcasting (Class Licence) Notification 2001, online computer services provided by Internet Content Providers (ICPs) and Internet Service Providers (ISPs) are subject to a class license. Pursuant to Art. 2 of the law, ICP means (i) any individual in Brunei Darussalam who provides any programme for business, political or religious purposes on the World Wide Web through the Internet; or (ii) any corporation or group of individuals (including any association, business, club, company, society, organisation or partnership, whether registrable or incorporated under the laws of Brunei Darussalam or not) who provides any programme on the World Wide Web through the Internet, including any web publisher and any web server administrator.
Coverage Computer online services
BRUNEI
Since March 1997, last amended in October 2000
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Chapter 180 - Broadcasting (Internet Practices) Act (Bab 180 - Akta Penyiaran (Tataamalan Internet))
The Internet Code of Practice requires sites with religious or political content or sites that discuss issues of this nature to register with the Broadcasting Authority. Failure to register is punishable by up to three years of imprisonment and a fine of up to USD 200,000. According to the Internet Code of Practice, bloggers are providers of a 'programme' and fall under the same class licensing scheme, and are therefore required to ensure that their websites conform with the code of practice.
Coverage Websites, including blogs
BRUNEI
Since April 2006
Since April 2022
Since April 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Telecommunications Order, 2001 (S 38/2001) (Perintah Telekomunikasi, 2001 (S 38/2001))
Advisory Guidelines on Dealer Telecommunications License
Advisory Guidelines on Dealer Telecommunications License
To import telecommunications, radio communications, or satellite equipment for resale in Brunei Darussalam, individuals must obtain a Dealer Telecommunication License (DTL), a Dealer Type Approval (DTA), and a Dealer Import Permit (DIP). The Authority for Info-communications Technology Industry of Brunei (AITI) issues these licenses and permits to ensure compliance with national safety standards. A DTL is granted by the Authority for Info-communications Technology Industry of Brunei Darussalam under Section 5 of the Telecommunications Order, 2001. This Licence authorises the licensee to import, let for hire, sell, offer or possess for sale any equipment as defined in Telecommunications Order, 2001. According to Section 2.2 of the Advisory Guidelines on Dealer Telecommunications License, only businesses and companies established in Brunei Darussalam can apply for a Licence.
Coverage Telecommunications and radiocommunications equipment
Sources
- https://www.aiti.gov.bn/licences-and-permits/equipment-importation/dealer-import-permit/
- https://web.archive.org/web/20221008034040/http://www.bruneiresources.com/pdf/gazette_complete_2001.pdf
- https://web.archive.org/web/20230330152818/https://www.aiti.gov.bn/media/f2fnectk/dealertl_advisoryguideline_05042022_final-clean.pdf
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BRUNEI
Since March 1997, last amended in October 2000
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Chapter 180 - Broadcasting (Internet Practices) Act (Bab 180 - Akta Penyiaran (Tataamalan Internet))
Section 23 of the Broadcasting Act requires that a person shall not import, offer for sale, sell or have in his/her possession with a view to purchasing any broadcasting equipment except under and in accordance with a licence.
Coverage Broadcasting equipment
Sources
- https://web.archive.org/web/20221114215925/http://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/Chp.180.pdf
- https://tradingacrossborders.mofe.gov.bn/SitePages/import-step2.aspx
- https://www.aseanbriefing.com/news/import-and-export-procedures-in-brunei-best-practices/
- https://www.wto.org/english/tratop_e/tpr_e/s309_e.pdf
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BRUNEI
Since 2006
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Import and Export Procedures
Any company that wishes to engage in importing, exporting or transiting goods in Brunei Darussalam must be registered with the Royal Customs and Excise Department (RCED) or appoint a Customs Agent (Forwarder) already registered with the RCED.
Coverage Horizontal
BRUNEI
Since April 2006
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Telecommunications Order, 2001 (S 38/2001) (Perintah Telekomunikasi, 2001 (S 38/2001))
The Authority for Info-communications Technology Industry of Brunei (AITI) requires type approval of telecommunication, radiocommunication and satellite equipment to be sold and used in Brunei. Overseas manufacturers are not allowed to possess a type-approval certificate. They can do so only through a local dealer/representative. Applicants seeking Dealer Type Approval must hold a valid Dealer Licence issued by AITI. All Type Approval certificates are renewable every five years, but it is necessary to inform AITI of any changes in the product regardless of how minor they are and whether they might not affect the previous declaration/certificate [Section 9].
Coverage Telecommunication, radiocommunication and satellite equipments
Sources
- https://web.archive.org/web/20220624120257/https://www.aiti.gov.bn/SitePages/Dealer-Type-Approval.aspx
- https://web.archive.org/web/20220624115945/https://www.aiti.gov.bn/SitePages/FAQs.aspx#Dealer-Import-Permit
- https://web.archive.org/web/20221025034151/http://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2001/EN/S038a.pdf
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BRUNEI
N/A
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
The country does not have a comprehensive regime in place for all personal data, but it has sectoral regulations. The Electronic Transactions Act (Section 48) and Banking Order (Section 58 and third schedule), along with the Islamic Banking Order (Section 58 and third schedule), provide for user information confidentiality under financial and banking sectors, respectively. These legislations criminalise the disclosure of user information. The third schedule of the Banking Order and Islamic Banking Order provides for the conditions under which the banks can disclose data. However, the Data Protection Policy applies to Agencies (government Ministries and Departments, including educational institutions and statutory bodies) and protects any data which is processed or controlled by them, regardless of whether the data is processed within or outside Brunei Darussalam (Clause 4.5).
Coverage Horizontal
Sources
- https://www.dataguidance.com/jurisdiction/brunei-darussalam
- https://www.dlapiperdataprotection.com/index.html?t=law&c=BN
- https://web.archive.org/web/20240726174849/http://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/Chp196.pdf
- https://web.archive.org/web/20240723222355/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2006/EN/S045.pdf
- https://web.archive.org/web/20240610210521/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2008/EN/S096.pdf
- https://web.archive.org/web/20220308123611/http://www.information.gov.bn/PublishingImages/SitePages/New%20Media%20and%20IT%20Unit/Data%20Protection%20Policy%20V.2.2.pdf
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BRUNEI
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Brunei's law and jurisprudence. Although Section 10 of the Electronic Transactions Act protects the network service providers from liability concerning third-party material in the form of electronic records in certain circumstances, this exemption does not affect the obligation of such network service provider founded on a contract, under any licensing/regulatory regime, or any written law or court order. Furthermore, Brunei is a member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and it will be required to implement the relevant provisions on intermediary liability.
Coverage Internet intermediaries
BRUNEI
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Brunei's law and jurisprudence. Despite Section 10 of the Electronic Transactions Act protects the network service providers from liability with respect to third-party material in the form of electronic records in certain circumstances, this exemption does not affect the obligation of such network service provider founded on a contract, under any licensing/regulatory regime, or under any written law or court order. Furthermore, Brunei is a member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and it will be required to implement the relevant provisions on intermediary liability.
Coverage Internet intermediaries