BHUTAN
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Bhutan is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, the country is not a member of the WTO.
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://www.wto.org/english/tratop_e/inftec_e/ita_map_e.htm
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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BHUTAN
Since July 2025
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Procurement Rules and Regulations 2025
According to Section 18, of the Procurement Rules and Regulations 2025, a procuring agency may conduct tendering from foreign bidders only under the following circumstances: (i) when certain goods, domestic contractors with the required capacity to undertake specific works, or service providers are not available in the country; or (ii) in donor-funded projects, where the funding agreement requires the procuring agency to approach the international market.
Coverage Horizontal
BHUTAN
Since July 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Procurement Rules and Regulations 2025
Pursuant to Section 64 of the Procurement Rules and Regulations 2025, bidding documents must expressly provide for a 20% margin of preference for: (i) goods of Bhutanese origin, in accordance with the Domestic Preference Guideline 2020 issued by the Ministry of Finance; or (ii) national bidders, where the procurement involves foreign bidders.
In addition, Section 54 requires goods, equipment, materials, and workmanship to comply with applicable standards. Procuring agencies are encouraged to prioritise nationally recognised standards when defining technical requirements. Where national standards are unavailable, unsuitable, or inadequate, international standards may be used.
In addition, Section 54 requires goods, equipment, materials, and workmanship to comply with applicable standards. Procuring agencies are encouraged to prioritise nationally recognised standards when defining technical requirements. Where national standards are unavailable, unsuitable, or inadequate, international standards may be used.
Coverage Horizontal
BHUTAN
Reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in procurement system
Reports highlight persistent challenges within Bhutan’s public procurement system, notably the need for timely invoice payments via the electronic government procurement (e-GP) platform, comprehensive record-keeping, adequate resourcing and staffing, and improved inter-institutional coordination. Despite an established legal and regulatory framework, practical implementation issues persist. In 2024, controversy arose when the government awarded direct contracts for laptops and desktops to the State Trading Corporation of Bhutan Limited (STCBL), prompting objections from private IT firms on grounds of unfairness, non-compliance with the Procurement Rules and Regulations (PRR) 2023, and insufficient stakeholder consultation. The government subsequently annulled the STCBL contract.
Coverage Horizontal
BHUTAN
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Bhutan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). In fact, the country is not a member of the WTO.
Coverage Horizontal
BRUNEI
Reported in 2021, last reported in 2025
Pillar Online sales and transactions |
Indicator 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
Sources
- https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1&qid_92=1
- https://web.archive.org/web/20251215011057/https://tradingacrossborders.mofe.gov.bn/TAB/import-step3.aspx
- https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
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BRUNEI
Since March 2015
Pillar Online sales and transactions |
Indicator 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
Since November 2011, last amended in October 2015
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Protection (Fair Trading) Order 2011
The Consumer Protection (Fair Trading) Order provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
Sources
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=bn
- https://web.archive.org/web/20250719070015/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2015/EN/S052.pdf
- https://web.archive.org/web/20250719070045/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2011/EN/S066.pdf
- http://unctad.org/en/PublicationsLibrary/dtlstict2013d1_en.pdf
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BRUNEI
N/A
Pillar Online sales and transactions |
Indicator 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 December 2000, entry into force in May 2001
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Electronic Transactions Act
Brunei enacted the Electronic Transactions Act, drawing upon the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
Sources
- https://uncitral.un.org/en/texts/ecommerce/modellaw/electronic_commerce/status
- https://www.agc.gov.bn/AGC%20Images/LOB/Order/DEF/E/Electronic%20Transactions%20Order.pdf
- https://web.archive.org/web/20260208193250/https://www.agc.gov.bn/AGC%20Images/LOB/PDF/Electronic%20Transactions%20(chp.196).pdf
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BRUNEI
N/A
Pillar Online sales and transactions |
Indicator 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 May 2001, entry into force in April 2006
Since April 2022
Since April 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator 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
Pursuant to Section 34 of the Telecommunications Order 2001, no person may offer for sale, sell, or possess for sale telecommunications equipment, or possess radiocommunications equipment, except in accordance with a licence granted under Section 5.
This requirement is operationalised by the Authority for Info-communications Technology Industry (AITI) through the Advisory Guidelines on Dealer Telecommunications Licence. Under Section 2.1.1 of the Guidelines, a Dealer Telecommunications Licence (DTL) authorises the licensee to import, lease, sell, offer for sale, or possess such equipment, while Section 2.2.1 restricts eligibility to businesses and companies established in Brunei Darussalam.
In addition, the commercial importation of telecommunications or radiocommunications equipment for resale is subject to further requirements, including Dealer Type Approval and a Dealer Import Permit. AITI issues the Dealer Import Permit only to holders of a valid Dealer Telecommunications Licence who have obtained the corresponding type approval for the equipment.
This requirement is operationalised by the Authority for Info-communications Technology Industry (AITI) through the Advisory Guidelines on Dealer Telecommunications Licence. Under Section 2.1.1 of the Guidelines, a Dealer Telecommunications Licence (DTL) authorises the licensee to import, lease, sell, offer for sale, or possess such equipment, while Section 2.2.1 restricts eligibility to businesses and companies established in Brunei Darussalam.
In addition, the commercial importation of telecommunications or radiocommunications equipment for resale is subject to further requirements, including Dealer Type Approval and a Dealer Import Permit. AITI issues the Dealer Import Permit only to holders of a valid Dealer Telecommunications Licence who have obtained the corresponding type approval for the equipment.
Coverage Telecommunications and radiocommunications equipment
Sources
- https://web.archive.org/web/20260403161939/https://www.mtic.gov.bn/Documents/Acts%20and%20Orders/Telecommunications%20Order,2001.pdf
- https://web.archive.org/web/20230330152818/https://www.aiti.gov.bn/media/f2fnectk/dealertl_advisoryguideline_05042022_final-clean.pdf
- https://www.aiti.gov.bn/licences-and-permits/equipment-importation/dealer-import-permit/
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BRUNEI
Since March 1997, last amended in October 2000
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Chapter 180 - Broadcasting (Internet Practices) Act (Bab 180 - Akta Penyiaran (Tataamalan Internet))
According to Art. 23 of the Broadcasting Act (Cap. 180), no person may import, offer for sale, sell, or possess for the purpose of sale any broadcasting equipment except under, and in accordance with, a valid 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://web.archive.org/web/20251215024752/https://tradingacrossborders.mofe.gov.bn/SitePages/import-step2.aspx
- https://web.archive.org/web/20260309024812/https://www.aseanbriefing.com/news/import-and-export-procedures-in-brunei-best-practices/
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BRUNEI
Since May 2001, entry into force in April 2006
Pillar Technical standards applied to ICT goods and online services |
Indicator 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. Still, it is necessary to inform AITI of any changes to the product, regardless of how minor they may be, 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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