Database

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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 Signature
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

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention of Electronic Communications
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

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 have partial laws in place namely the Consumer Protection (Fair Trading) Order 2011, and the Electronic Transactions Act (2008).
Coverage Horizontal

BRUNEI

Reported in 2021

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 USD 296.
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

BRUNEI

Since April 2006

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Telecommunications Order, 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 for any changes in the product regardless of how minor they are and whether they might not affect previous declaration/certificate [Section 9].
Coverage Telecommunication, radiocommunication and satellite equipments

BRUNEI

Since 2006

Pillar Quantitative trade restrictions for ICT goods, products 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 or exporting or transiting of goods in Brunei Darussalam must be registered with Royal Customs and Excise Department (RCED) or appoint a Customs Agent (Forwarder) who are already registered with the RCED.
Coverage Horizontal

BRUNEI

Since April 2006
Since December 2013

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Telecommunications Order, 2001 (​S 38/2001​)

Telecommunications (Radio-Communication) Regulations, 2013 (S 86/2013)
Any establishment/vendor/individuals who wishes to import telecommunications/ radio communications/ satellite equipment (controlled goods) to Brunei Darussalam for resale must obtain:
- Dealer License; Dealer License Application must be made through the Authority for Info-communications Technology Industry of Brunei (AITI) Online Services using a registered company account
- Dealer Type approval of telecommunication, radiocommunication and satellite equipment; a certificate issued by AITI to make sure that any telecommunications and radio-communications equipment meets the national safety standards and technical requirement in Brunei Darussalam;
- Dealer Import permits: this permit is issued to Dealer Licence holders (application only made using a registered company account) who have also obtained Dealer Type Approval of the equipment.
Personal Import Permit along with Personal Type Approval certificate is to be obtained for individual importation (own use) of equipment.
Coverage Telecommunications and radiocommunications equipment

BRUNEI

Since March 19997; Revised in 2000

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Broadcasting Act [2000 Ed.] (CAP.180; B.L.R.O. 1/2000)
Section 23 of the Broadcasting Act requires that a person shall not import, offer for sale, sell or have in his possession with a view to sale, any broadcasting equipment except under and in accordance with a licence.
Coverage Broadcasting equipments

BRUNEI

Since February 2001

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Broadcasting (Class Licence) Notification, 2001
(S 13/2001)
According to Section 3 of the Broadcasting Act, computer online services that are provided by Internet Content Providers and Internet Service Providers are subject to a class license.
Coverage Internet Service Providers (ISPs), Internet Content Providers (ICPs)

BRUNEI

Since February 2001

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Cap 180 Broadcasting Act Internet Code of Practice Notification (S 12/2001)
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 Internet Content Providers (ICPs)

BRUNEI

Since February 2001
Since February 2001
Since August 1962, revised in 2002
Since December 1986, revised in 2010
Since April 1948, revised in 2010

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Cap 180 Broadcasting Act Internet Code of Practice Notification (S 12/2001)

Broadcasting (Class Licence) Notification, 2000 (S 13/2001)

Censorship of Films and Public Entertainments Act [2002 Ed.] (CAP. 69, B.L.R.O. 6/2002)

Undesirable Publications Act [2010 Ed.] (CAP. 25, B.L.R.O. 4/2010)

Sedition Act (CAP. 24, B.L.R.O. 2/2010)
It is reported that various laws can be used to restrict the access of online content. These include the Censorship of Films and Public Entertainments Act 1963, the Undesirable Publications Act 1982, the Penal Code 1952 and the Sedition Act 1983. Moreover when a material is contrary to the Code of Practice, the Broadcasting Authority can require intermediaries to remove it or prohibit its broadcasting. As a results, the reports state that government restricts access to the internet and censors online content.
Coverage Internet intermediaries

BRUNEI

Since February 2006

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Registration Guidelines for Mobile Prepaid Subscriber Identity Module (SIM) Cards
According to the Registration Guidelines for Mobile Prepaid Subscriber Identity Module (SIM) Cards, all mobile prepaid SIM card owner/holders are mandated to register or re-register with their respective mobile service provider. Verification requirements include identity cards for Brunei citizens, identity card, passport and employment pass for foreign workers, and passport for tourists.
Coverage Telecommunications sector

BRUNEI

Since February 2001
Since February 2001

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Cap 180 Broadcasting Act Internet Code of Practice Notification (S 12/2001)

Broadcasting (Class Licence) Notification, 2000 (S 13/2001)
The Code of Practice requires all Internet Service Providers (ISPs) and Internet Content Providers (ICPs) licensed under the Broadcasting (Class Licence) Notification 2001 to use their best efforts to ensure that nothing is made available on the Internet which is against the public interest or national harmony, for e.g., content which incites disaffection against the Sultan or the Government, or which offends good taste or decency. When a material is contrary to the Code of Practice, the Broadcasting Authority can require ISPs and ICPs to remove it or prohibit its broadcasting. In addition, it is reported that the government restricts access to the internet, censors online content, and has the capability to monitor private online communications. The government monitors private email and internet chat-room exchanges believed to be propagating religious extremism or otherwise subversive views, including those of religious minorities, or material on topics deemed immoral.
Coverage Internet intermediaries