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BRUNEI

Since February 2022
Since 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Financial Regulations, 2022

Government Procurement Guideline
The Government Procurement Guideline aims to explain the procedure and implementation process of government procurement and tenders as stipulated in Part 4 of the Financial Regulations. Government procurement must comply with the Financial Regulations as well as any guidelines issued by the Ministry of Finance and Economy. Guideline 7.1.13 provides that, the Head of Department and the Small Tender Board can make the percentage of local employees a criteria in the bid evaluation scoring matrix. The percentage benchmark is as in Appendix 5. In addition, Guideline 11 states that a project performance bond is required at the tender approval stage to guarantee the delivery of a project in accordance with the project specifications. The bond is returned to the companies involved after the project is successfully completed.
Coverage Horizontal

BRUNEI

Reported in 2014 and 2020

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
All government procurement is conducted by Ministries, Departments, and the State Tender Board of the Ministry of Finance. It is reported that invitations for tenders or quotations below BND 250,000 (approx. USD 200,000) are published in a bi-weekly government newspaper, but they are often selectively tendered only to locally registered companies. Some ministries and departments publish tenders on their individual websites. Foreign firms can participate in the tenders individually, but are advised by the government to form a joint venture with a local company.
Coverage Horizontal

BRUNEI

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Brunei is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
"SELECT DISTINCT(post_id) 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 = '1.1') OR\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 = '1.2') OR\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)"
[{"post_id":"42806"},{"post_id":"42807"},{"post_id":"42808"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' 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 = '1.1') OR\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 = '1.2')\n\t\t\t\t\t\t\t\t)"
"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  |  Sub-pillar 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 (%)
97.37%
Coverage: Digital goods

BRAZIL

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Brazil has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

BRAZIL

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
Brazil 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

BRAZIL

Since September 1990
Since March 2013

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law 8.078/90 - Consumer Protection Act (Lei 8.078/90 - Código de Defesa ao Consumidor)

Decree 7.962, of 15 March 2013 - Law on Electronic Commerce Contracts (Decreto 7.962, de 15 de Março de 2013 - Lei de Contratação no Comércio Eletrônico)
The Consumer Protection Act and the Law on Electronic Commerce Contracts provide a comprehensive framework for consumer protection that also applies to online transactions. Decree No. 7,962 includes specific obligations that apply to e-commerce purchases of goods and services that do not apply to traditional retailing but it has not been reported as a trade barrier. The Decree sets out obligations for e-commerce sites, such as to provide a contract prior to purchase; to support consumer service and to answer consumer demands within 5 days; as well as to ensure the right to regret by the consumer. The right to regret was originally established by Art. 49 of Law 8,078. It allows for the cancellation of acquisitions made outside commercial establishments within seven days from the acquisition or receipt of product/service. It is, thus, applicable to other forms of distance sales as well.
Coverage Horizontal

BRAZIL

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
Brazil has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

BRAZIL

Since August 2009

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Resolution of the Director's Board of the National Agency for Health Surveillance 44/2009 (Resolução da Diretoria da Agência Nacional de Vigilância Sanitária 44/2009)
Online pharmacies need to have a "com.br" or "far.br" domains. Internet pharmacies are permitted in Brazil only if the Internet pharmacy is the website component of a licensed Brazilian brick-and-mortar pharmacy according to Art. 53.2 of Resolution of the Director's Board of the National Agency for Health Surveillance 44/2009.
Coverage Online pharmacies

BRAZIL

Since November 2008

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Resolution of the Internet Steering Committee 2008/008/P (Resolução do Comitê Gestor da Internet 2008/008/P)
Foreign companies can register a domain ".br" after the conclusion of a special registration, which requires a local legal representative and a declaration that the company will establish activities in Brazil within 12 months from the registration, according to Resolution of the Internet Steering Committee 2008/008/P.
Coverage Horizontal

BRAZIL

Since January 1999, last amended in May 2020

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low of de minimis threshold
According to Art. 1 of Ministerial Ordinance 156/1999, goods that are part of international postal delivery up to USD 50 (below the 200 USD threshold recommended by the International Chamber of Commerce (ICC) are exempt from customs duties, provided that the seller and buyer are physical persons.
Coverage Horizontal

BRAZIL

Since June 1999
Since September 2017

Pillar Online sales and transactions  |  Sub-pillar Limits on e-commerce purchases
Ministerial Ordinance No. 156/1999 - Ministry of Finance (Portaria Ministerial No. 156/1999 - Ministério da Fazenda)

Normative Instruction 1737 of 15 September 2017 of the Federal Revenue Secretariat (Instrução Normativa 1737 de 15 de setembro de 2017 da Secretaria da Receita Federal)
The Brazilian Government charges a flat 60% duty for all express shipments imported through the Simplified Customs Clearance process. The Simplified Customs Clearance process limits commercial shipments to USD 100,000 per importer per year, according to Art. 37 of Normative Instruction 1737/2017. Moreover, Brazilian Customs have established express services maximum per-shipment value limits of USD 3,000 for imports, according to Art. 1 of Ministerial Ordinance 156/1999. This is reported to affect particularly online sales.
Coverage Express shipments

BRAZIL

Since August 2014

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Interpretative Act No. 7 of August 2014 (Ato Declaratório Interpretativo No. 7 - 2014)
The Interpretative Act No. 7 of August 2014, issued by the Brazilian Federal Revenue Secretariat (Receita Federal do Brasil – RFB), deals with the taxation of cross-border payments for the use of data centers located outside Brazil. It applies to all amounts paid, credited, delivered or remitted by individuals or legal entities resident or domiciled in Brazil to companies headquartered abroad that are identified as offshore data centers.
According to the Act, when the Brazilian source of payment hires offshore data centers for the use of infrastructure for storage and remote high-performance data processing systems, the transactions are deemed to be typical provision of services, and cannot be characterized as rental of movable assets, for tax purposes. The consequence of this interpretation is that the use of offshore data centers triggers the following federal taxes in Brazil:
- Withholding income tax (Imposto sobre a Renda Retido na Fonte – IRFF) at the rate of 15% or 25% whenever the recipient is located in a tax haven jurisdiction;
- Cide-royalties contribution (Contribuição de Intervenção no Domínio Econômico destinada a financiar o Programa de Estímulo à Interação Universidade-Empresa para o Apoio à Inovação – Cide-royalties), at the rate of 10%;
- PIS-importation contribution (Contribuição para o PIS/Pasep-Importação) at the rate of 1.65%;
- Cofins-importation contribution (Contribuição para o Cofins-Importação) at the rate of 7.6%; and
- IOF (Imposto sobre Operações de Câmbio), which is the financial tax levied on the foreign exchange transaction, at the rate of 0.38%.
Coverage Online payments

BRAZIL

Since October 2019
Since November 2020
Since June 2021

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Resolution No. 715. Regulation for Conformity Assessment and Homologation of Telecommunications Products (Regulamento de Avaliação da Conformidade e de Homologação de Produtos para Telecomunicações. Resolução No.715)

Act No. 7,280 (Ato No. 7,280)

Act No. 3,939 (Ato No. 3,939)
Homologation is mandatory for the use and commercialization of telecommunication products in the country (Art. 55 of Resolution No. 715), and the country accepts third-party certification from Conformity Assessment Bodies from a number of countries with Mutual Recognition Agreements (Art. 8 of Resolution No. 715).
Act No. 7,280 list and clarifies the type of conformity assessment that correspond to radio frequency emitting products of telecommunications. The majority of the products contained in the reference list of telecom products require testing and includes: antennas; energy accumulators (batteries); coaxial cables; optical cables and fiber optics; data transmission cables; telephone cables; chargers for mobile phone and lithium batteries; switching centers; broadcasting equipment; rf equipment (except broadcasting) such as BPL equipment, mobile phones, modems, digital transmitters, and transceivers; optical equipment; data communication equipment; terminal equipment; IP terminal equipment (wireless); telephone wires; protective modules; digital multiplex; rectifier systems; splitters; rectifier units. Act No. 3,939 is the regulation for homologation in Brazil, guiding the necessary steps of the procedure.
Coverage Telecommunications equipment

BRAZIL

Since January 2021

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Product screening and additional testing requirements
Act No. 77 (Ato No. 77)
According to the guidelines of Act No. 77, when requesting the homologation of the product for telecommunications with ANATEL (Agência Nacional de Telecomunicações), the applicant must present a declaration expressing which cybersecurity requirements the equipment and its supplier meet. There are concerns from the industry regarding the scope and definitions of this Act, including to which products the regulation applies and the lack of reliance on international standards. Among other provisions, it is reported that the Act mandates in a vague way to guarantee appropriate encryption methods.
Coverage Telecommunications equipment

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