BRUNEI
Since March 2006
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Licensing and Regulatory Framework, Authority for Info-communications Technology Industry (AITI)
Pursuant to Section 3.4 of the Licensing and Regulatory Framework, foreign persons are prohibited from holding a majority shareholding or exercising control, whether directly or indirectly, in a company applying for a licence to provide telecommunications services. This restriction applies to both Infrastructure Provider for the Telecommunications Industry (INTI) licences and Service Provider for the Telecommunications Industry (SETI) licences.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220624210712/https://www.aiti.gov.bn/Shared%20Documents/AITI%20Operational%20Framework.pdf
- https://web.archive.org/web/20251212054555/https://www.aiti.gov.bn/media/ihdbk3w1/guidelines-for-inti-licence-application.pdf
- https://web.archive.org/web/20251208051824/https://aiti.gov.bn/media/r53mw2qt/guidelines-for-seti-licence-application.pdf
- Show more...
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
Sources
- https://web.archive.org/web/20191129101627/https://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/cap39bb.pdf
- https://web.archive.org/web/20221017170838/https://www.mofe.gov.bn/Shared%20Documents/Registry%20of%20Companies%20and%20Business%20Names/Legislation/Amendments/COMPANIES_ACT_AMENDMENT_ORDER_2010.pdf
- https://web.archive.org/web/20260226065447/https://www.state.gov/reports/2025-investment-climate-statements/brunei
- Show more...
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.
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
Sources
- https://web.archive.org/web/20260226065447/https://www.state.gov/reports/2025-investment-climate-statements/brunei
- https://web.archive.org/web/20260121084445/https://www.state.gov/reports/2022-investment-climate-statements/brunei/
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S464R1.pdf&Open=True
- https://web.archive.org/web/20230322055914/http://www.bedb.com.bn/investment-opportunities/
- Show more...
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
Sources
- https://web.archive.org/web/20220629045319/http://www.bruipo.gov.bn/Shared%20Documents/PDF/Legislation/CR/Copyright%20Order%201999.pdf
- https://www.wipo.int/wipolex/en/legislation/details/21344
- https://web.archive.org/web/20260208182642/https://infojustice.org/wp-content/uploads/2015/03/fair-use-handbook-march-2015.pdf
- Show more...
FIJI
Since June 2024
Since July 2025
Since July 2025
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Customs Tariff (Budget Amendment) Act 2024
Customs Tariff (Budget Amendment) Act 2025
Customs Tariff (Budget Amendment) Act 2025
Concession Code 212, under the Customs Tariff Act 1986, provides an exemption from duty on the importation of goods by a private individual for personal use. According to Section 4 of the Customs Tariff (Budget Amendment) Act 2024, the de minimis threshold established in Concession Code 212 was amended, reducing the value from FJD 2,000 (approx. USD 900) to FJD 1,000 (approx. USD 450). Subsequently, the Customs Tariff (Budget Amendment) Act 2025 amended the Concession Code 212 so that it applies to all goods purchased online by a private individual (subject to exclusions), while maintaining the FJD 1,000 (approx. USD 450) duty-value threshold.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241127005321/https://www.parliament.gov.fj/wp-content/uploads/2024/07/Act-8-Customs-Tariff-Budget-Amendment-Act-2024.pdf
- https://web.archive.org/web/20260507150725/https://frcs.org.fj/wp-content/uploads/2025/08/Act-12-of-2025-Customs-Tariff-Budget-Amendment-Act-2025.pdf
- https://web.archive.org/web/20221028001958/https://www.frcs.org.fj/wp-content/uploads/2020/08/SIG-2020-39-Concession-Code-212-Importation-of-Goods-for-Personal-Use-by-a-Private-Individual.pdf
- https://web.archive.org/web/20250617165511/https://www.dhl.com/discover/en-tw/ship-with-dhl/export-with-dhl/fiji-vat-2024
- Show more...
FIJI
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Fiji lacks a comprehensive consumer protection framework that applies to online transactions. Consumer protection is currently regulated under the Fijian Competition and Consumer Commission Act 2010, which provides comparatively extensive safeguards, including provisions on misleading or deceptive conduct (Art. 75), unconscionable conduct (Art. 76), referral selling (Art. 87), unsolicited goods and services (Arts. 92–94), and conditions and warranties in consumer transactions (Arts. 111–118). However, it remains unclear whether this legislation extends to online transactions.
Coverage Horizontal
Sources
- https://unctad.org/page/online-consumer-protection-legislation-worldwide
- https://web.archive.org/web/20250519211534/https://unctad.org/system/files/official-document/dtlecde2024d6_en.pdf
- https://web.archive.org/web/20250522224626/https://www.laws.gov.fj/Acts/DisplayAct/2733#https://unctad.org/page/online-consumer-protection-legislation-worldwide
- Show more...
FIJI
Since June 2017, in force since January 2018
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Fiji has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts. This was implemented through the Electronic Transactions Act 2008, as amended by the Electronic Transactions (Amendment) Act 2017.
Coverage Horizontal
FIJI
Since 2017
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Fiji has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce. This was implemented through the Electronic Transactions Act 2008, as amended by the Electronic Transactions (Amendment) Act 2017.
Coverage Horizontal
FIJI
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Fiji 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
FIJI
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Fiji's law and jurisprudence.
Coverage Internet intermediaries
FIJI
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Fiji's law and jurisprudence.
Coverage Internet intermediaries
FIJI
Since July 2010, last amended in December 2016
Pillar Intermediary liability |
Indicator User identity requirement
Compulsory Registration of Customers for Telephone Services Act 2010
According to Art. 4 of the Compulsory Registration of Customers for Telephone Services Act 2010, before completing the sale of any fixed-line telephone or SIM card for a natural person, authorised resellers must collect the following information:
(i) full name and date of birth as stated on the birth certificate, including any known aliases;
(ii) permanent home address, or a local address if the purchaser is visiting Fiji;
(iii) a copy of a valid passport, Fiji National Provident Fund (FNPF) card, or other official photo identification; and
(iv) if the purchaser is under 18 years of age, the signature of a parent or legal guardian.
(i) full name and date of birth as stated on the birth certificate, including any known aliases;
(ii) permanent home address, or a local address if the purchaser is visiting Fiji;
(iii) a copy of a valid passport, Fiji National Provident Fund (FNPF) card, or other official photo identification; and
(iv) if the purchaser is under 18 years of age, the signature of a parent or legal guardian.
Coverage Telecommunications sector
FIJI
Reported in 2026
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Fiji for the year 2025. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal
FIJI
Since August 2008, last amended in July 2022
Since April 2025
Since April 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Telecommunications Act 2008
Fiji Revenue and Customs Service (FRCS) Standard Interpretation Guideline 2025-09
Fiji Revenue and Customs Service (FRCS) Standard Interpretation Guideline 2025-09
According to the Fiji Trade Information Portal, all individuals and entities wishing to engage in commercial import activities must register with the Fiji Revenue & Customs Service (FRCS) and hold a valid Tax Identification Number (TIN). In addition, for certain goods, including telecommunications equipment, companies must obtain a specific import licence. Pursuant to Art. 55.4 of the Telecommunications Act 2008, any person intending to import telecommunications equipment or apparatus, including radio-transmitting devices, other than equipment exempted by regulation, is required to secure an import permit from the Telecommunications Authority of Fiji (TAF).
In addition, the Fiji Revenue and Customs Service (FRCS) Standard Interpretation Guideline 2025-09 identifies mobile phones and telecommunication equipment as restricted goods that require an import licence/permit from the relevant authority, specifying that the licence is issued by the Telecommunications Authority of Fiji.
In addition, the Fiji Revenue and Customs Service (FRCS) Standard Interpretation Guideline 2025-09 identifies mobile phones and telecommunication equipment as restricted goods that require an import licence/permit from the relevant authority, specifying that the licence is issued by the Telecommunications Authority of Fiji.
Coverage Telecom equipment
Sources
- https://web.archive.org/web/20250523175620/https://www.laws.gov.fj/Acts/DisplayAct/2930
- https://web.archive.org/web/20250812193801/https://www.fijitradeportal.gov.fj/en-gb/search-form/view/2
- https://web.archive.org/web/20250812193626/https://www.fijitradeportal.gov.fj/en-gb/site/display/215
- https://web.archive.org/web/20250504052755/https://frcs.org.fj/wp-content/uploads/2025/04/SIG-2025-09-Code-218-218A-219-and-291A.pdf
- https://www.fijitradeportal.gov.fj/en-gb/search-measure/view/44
- Show more...
