Database

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BRUNEI

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (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 United Nations Commission on International Trade Law (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 United Nations Commission on International Trade Law (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

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
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

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

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

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

BRUNEI

Reported in 2013, last reported in 2023

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Blocking of online content
It is reported that the government of Brunei periodically blocks online content. Various laws are employed to restrict online content, including the Censorship of Films and Public Entertainments Act 1963, the Undesirable Publications Act 1982, the Penal Code 1952, and the Sedition Act 1983. Additionally, the Broadcasting Authority can mandate the removal or prohibition of content that violates the Code of Practice.
Coverage Horizontal

BRUNEI

Since March 2006

Pillar Telecom infrastructure & competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Licensing and Regulatory Framework, Authority for Info-communications Technology Industry (AITI)
According to Section 3.4 of the Licensing and Regulatory Framework, foreigners are prohibited from holding a majority vote or control (either directly or indirectly) in a company/corporation applying for a license from the Authority to provide services in the telecommunications industry.
Coverage Telecommunications sector

BRUNEI

Reported in 2019, last reported in 2023

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the telecommunications industry is dominated by government-linked companies. Among these are Datastream Digital, Imagine, and Progresif. In 2019, the government consolidated the infrastructure of all three companies under a state-owned wholesale network operator called Unified National Networks (UNN). The UNN is a wholly government-owned enterprise.
Coverage Telecommunications sector

BRUNEI

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Brunei does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

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