Database

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BRUNEI

Since January 1957, as amended in December 2010, last amended in July 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Companies Act, 1956 (Akta Syarikat-Syarikat)
According to Section 138.2 of the Companies Act, private companies operating in the country must have at least two directors (or one in the case of only two directors) who are ordinarily resident in Brunei Darussalam.
Coverage Horizontal

BRUNEI

Reported in 2022, last reported in 2025

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Foreign investment screening
It is reported that Brunei retains discretion to screen investment proposals to ensure alignment with national development priorities and broader national interests. The Brunei Economic Development Board (BEDB) is described as the principal agency for promoting and facilitating foreign investment, including by evaluating proposals, coordinating with relevant government agencies, and securing project approvals through the government’s Foreign Direct Investment and Downstream Industry (FDIDI) governance arrangements. Under this framework, the Invest in Brunei Darussalam Foreign Direct Investment (FDI) Action and Support Centre (FAST), established under the FDIDI Steering Committee, supports the review process by facilitating inter-agency coordination and investor requirements, with proposals ultimately assessed through the FDIDI working/steering structure.
Moreover, it is reported that both domestic and foreign investments in sectors where the State is a major service provider, such as telecommunications, may require approval from the relevant sector authority.
Coverage Horizontal

BRUNEI

Since July 2012

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Brunei is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

BRUNEI

Since May 2000, last amended in December 2013

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Emergency (Copyright) Order of 1999 (S 14/2000 [E]) (Perintah Hak Cipta 1999)
The Emergency (Copyright) Order of 1999 provides a clear regime of copyright exceptions that follow the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Sections 33-34 list the exceptions, which include the use for research, private study, criticism, and news reporting, among others.
Coverage Horizontal
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[{"post_id":"110151"},{"post_id":"110152"},{"post_id":"110153"}]
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"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BN')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

BRUNEI

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.03%
Coverage rate of zero-tariffs on ICT goods (%)
97.36%
Coverage: ICT goods

CHINA

Since April 2009, entry into force in October 2009

Pillar Online sales and transactions  |  Indicator Licensing scheme for e-commerce providers
Postal Law of the People's Republic of China (中华人民共和国邮政法)
According to Art. 51 of the Postal Law of the People's Republic of China, a specific license is needed for express delivery business. It is reported that the administrative licensing for express delivery services is non-transparent and burdensome, preventing competition. It is reported that as companies are required to apply to each city where there is a postal administration department, they need to go through at least 350 review and approval processes if they want to operate at the national level.
Coverage Express delivery services

CHINA

Since August 2018, entry into force in January 2019

Pillar Online sales and transactions  |  Indicator Licensing scheme for e-commerce providers
E-Commerce Law of the People’s Republic of China (中华人民国电子商务法)
China's first comprehensive legislation regulating e-commerce came into effect in January 2019. According to Art. 9, the law applies to all "e-commerce operators," including all individuals and legal entities selling goods and/or providing services on the Internet or other information networks. This includes operators of e-commerce platforms, sellers of goods and services on the e-commerce platforms of others, and those who operate their own websites or through other network services. The law is reported to extend to non-traditional shopping channels, including social media and messaging services, such as WeChat, and streaming sites, such as Douyin. According to Arts. 10-14, all e-commerce operators are obliged to obtain business licenses, register with the tax authorities, and ensure that information on their business and administrative licenses related to their business services is displayed online in a readable form at all times.
Coverage E-commerce sector

CHINA

Reported in 2014, last reported in 2025

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Reported licensing barriers
It is reported that challenges persist in relation to the licensing process for foreign suppliers of electronic payment services in China, where, prior to June 2017, foreign providers were not permitted to apply for licences until the central bank formalised a two-stage licensing framework. As of 2020, no foreign supplier had successfully obtained the licence required to operate in the Chinese market, largely due to procedural delays attributable to the central bank, although that same year American Express became the first foreign provider to secure such a licence, followed by Mastercard in November 2023 after prolonged delays, while the central bank has continued to defer action on the application submitted by Visa for an even longer period, and additional difficulties have been reported in relation to licensing requirements for non-bank providers of online payment services, thereby reinforcing existing barriers to entry into the Chinese market.
Coverage Payment services

CHINA

Reported in 2021, last reported in 2025

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Limited de minimis threshold
According to Art. 45 of the Regulations of the People's Republic of China on Import and Export Duties (中华人民共和国进出口关税条例), goods within a single consignment, for which the estimated duties do not exceed 50 Yuan (approx. USD 7.5) shall be exempt from duties. In addition, it is reported that China Customs also applies a dedicated e-commerce clearance channel with a goods value de minimis of 5,000 RMB (approx. 700 USD), subject to meeting certain conditions, such as prior carrier and platform registration. Use of this channel is limited to an annual cap of RMB 26,000 (approx. USD 3,600).
Coverage Horizontal

CHINA

Since August 2021, entry into force in November 2021

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Personal Information Protection Law of the People's Republic of China (中华人民共和国个人信息保护法)
According to Art. 53 of the Personal Information Protection Law, personal information processors outside the territory of the People's Republic of China, as specified in Art. 3, shall set up specialised agencies or designate representatives within the territory of the People's Republic of China to be responsible for handling personal information protection related matters, and shall submit the names, contact information, and other information of the agencies and representatives to the departments with personal information protection duties.
Coverage Horizontal

CHINA

Since June 2017
Since June 2017

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Internet News Information Service Management Regulations (互联网新闻信息服务管理规定)

Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management (互联网信息内容管理行政执法程序规定)
According to Art. 5 of the Internet News Information Service Management Regulations, Internet news providers are required to obtain a permit to provide Internet news information services to the social public through Internet websites, application software, forums, blogs, microblogs, public accounts, instant messaging tools, online live streaming, and other such methods. Pursuant to Art. 6 of the regulations, the applicant’s person-in-charge or chief editor must be a Chinese citizen. In addition, the applicant must separately obtain an Internet Information Service license or file procedures with the telecommunications authorities in accordance with the law. In addition, according to Art. 6, to apply for an Internet news information service license, one must have places, facilities, and funds suitable for the service. The Regulations on Administrative Enforcement Procedures for Internet Information Content set out the procedural and administrative processes for the Cyberspace Administration of China to enforce the laws and regulations relating to Internet content.
These provisions broadened the definition of “internet news information services” to “services of collecting, editing, and releasing internet news information; reposting such news information; and providing a platform to spread such news information.” They also broaden the definition of “news information” to include relevant reports and commentaries on politics, the economy, military affairs, foreign affairs, and other public affairs, as well as relevant reports and commentaries on social emergencies.
Coverage News providers
Sources

CHINA

Since October 1993, entry into force in January 1994, last amended in March 2014
Since August 2018, last amended in January 2019

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights and Interests Protection Law of the People's Republic of China (中华人民共和国消费者权益保护法)

E-Commerce Law of the People’s Republic of China (中华人民共和国电子商务法)
The Consumer Rights and Interests Protection Law and the E-Commerce Law provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

CHINA

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
China has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

CHINA

Since 2004

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
China 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

CHINA

Since August 2004, entry into force in April 2005

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Electronic Signature Law of the People's Republic of China (中华人民共和国电子签名法)
China has adopted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures, namely the Electronic Signature Law.
Coverage Horizontal

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