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/
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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
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BRUNEI
Since May 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Brunei has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
BRUNEI
Since May 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Brunei has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
BRUNEI
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Brunei does not have a comprehensive framework in place that provides effective protection of trade secrets, but trade secrets may be protected under contracts and by an action in breach of confidence as the country follows the common law model.
Coverage Horizontal
BRUNEI
Since January 2001
Since April 2020
Since April 2020
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Telecommunications Order 2001 (Perintah Telekomunikasi, 2001 (S 13/2002))
Code of Practice for Competition in the Telecommunications Sector (Competition Code)
Code of Practice for Competition in the Telecommunications Sector (Competition Code)
According to Art. 22 of the Telecommunications Order 2001, the Authority for Info-communications Technology Industry of Brunei Darussalam (AITI) may direct any telecommunications licensee to coordinate and cooperate with another person, in such manner and on such terms as the Authority may determine, in relation to the use or sharing of any telecommunications installation, plant, system, or part thereof.
In addition, acting under the powers conferred by Section 26(1) of the Telecommunications Order 2001, AITI has issued the Code of Practice for Competition in the Telecommunications Sector (Competition Code), which further establishes infrastructure-sharing obligations, including those set out in Section 7.
In addition, acting under the powers conferred by Section 26(1) of the Telecommunications Order 2001, AITI has issued the Code of Practice for Competition in the Telecommunications Sector (Competition Code), which further establishes infrastructure-sharing obligations, including those set out in Section 7.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230624053202/https://aiti.gov.bn/media/sxnd3ode/1a-competition-code.pdf
- https://web.archive.org/web/20221008034040/http://www.bruneiresources.com/pdf/gazette_complete_2001.pdf
- https://web.archive.org/web/20240612052123/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2018/B039.pdf
- https://datahub.itu.int/data/?i=100014
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BRUNEI
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 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
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://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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BRUNEI
Since February 2022
Since April 2022
Since April 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Financial Regulations, 2022 (Peraturan-Peraturan Kewangan, 2022)
Government Procurement Guideline
Government Procurement Guideline
The Government Procurement Guideline provides the procedural framework governing the conduct and implementation of public procurement and tendering, as set out in Part 4 of the Financial Regulations. In this regard, procurement activities must comply not only with the Financial Regulations but also with any supplementary guidelines issued by the Ministry of Finance and Economy.
Within this framework, Section 7.1.13 of the Guideline establishes that the Head of Department and the Small Tender Board may incorporate the percentage of local employees as a criterion within the bid evaluation scoring matrix. The relevant benchmark percentages to be applied for this purpose are specified in Appendix 5 of the Guideline.
Within this framework, Section 7.1.13 of the Guideline establishes that the Head of Department and the Small Tender Board may incorporate the percentage of local employees as a criterion within the bid evaluation scoring matrix. The relevant benchmark percentages to be applied for this purpose are specified in Appendix 5 of the Guideline.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240724084220/https://www.mofe.gov.bn/Shared%20Documents/Peraturan%20Kewangan%20(02.04)/Financial%20Regulations,%202022.pdf
- https://web.archive.org/web/20221017170619/https://www.mofe.gov.bn/Shared%20Documents/State%20Tender%20Board/Garispanduan%20Perolehan%20Kerajaan.pdf
BRUNEI
Since March 2017
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Local Business Development (LBD) Policy Framework for the ICT Industry in Brunei Darussalam (Satu rangka kerja Dasar Local Business Development (LBD) bagi Projek-projek ICT)
The Local Business Development (LBD) Policy Framework establishes a regulatory mandate requiring the incorporation of local content requirements into public procurement and contracting in the ICT sector, with the objective of ensuring that domestic suppliers are afforded fair and reasonable opportunities to participate in government projects.
The framework applies to all ICT companies engaged in government ICT projects, as well as to project owners and project managers within ministries and public agencies responsible for implementing e-government and ICT initiatives, who must ensure compliance with its provisions.
Substantively, the framework imposes differentiated local workforce participation thresholds based on the type, complexity, and value of the project. These include up to 100% local workforce participation for certain low-value “Basic” projects, 90% for higher-value “Basic” projects, 80% for “High Volume” projects, 70% for “Specialised” projects, and 50% for “Highly Specialised” projects.
In addition, the framework requires that LBD obligations be expressly incorporated into tender documentation and contractual arrangements. These obligations encompass, inter alia, requirements relating to the recruitment and training of local employees, local content expenditure and participation, and the reporting and monitoring of compliance. Compliance is subject to ongoing reporting requirements, including submission through designated government systems, and non-compliance may result in sanctions affecting future participation in public ICT tenders, including potential exclusion.
The framework applies to all ICT companies engaged in government ICT projects, as well as to project owners and project managers within ministries and public agencies responsible for implementing e-government and ICT initiatives, who must ensure compliance with its provisions.
Substantively, the framework imposes differentiated local workforce participation thresholds based on the type, complexity, and value of the project. These include up to 100% local workforce participation for certain low-value “Basic” projects, 90% for higher-value “Basic” projects, 80% for “High Volume” projects, 70% for “Specialised” projects, and 50% for “Highly Specialised” projects.
In addition, the framework requires that LBD obligations be expressly incorporated into tender documentation and contractual arrangements. These obligations encompass, inter alia, requirements relating to the recruitment and training of local employees, local content expenditure and participation, and the reporting and monitoring of compliance. Compliance is subject to ongoing reporting requirements, including submission through designated government systems, and non-compliance may result in sanctions affecting future participation in public ICT tenders, including potential exclusion.
Coverage ICT sector
BRUNEI
Reported in 2018, last reported in 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Preferential treatment provided to SOEs
It is reported that state-owned enterprises (SOEs) in Brunei, administered by Darussalam Assets under the Ministry of Finance and Economy, occupy a dominant position in key sectors of the economy, including telecommunications. These entities are reported to benefit from preferential treatment in government procurement processes, particularly in public tenders.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260226065447/https://www.state.gov/reports/2025-investment-climate-statements/brunei
- https://web.archive.org/web/20260225220913/https://www.state.gov/reports/2018-investment-climate-statements/brunei
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S464R1.pdf&Open=True
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BRUNEI
Reported in 2014, last reported in 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Screening of tenders
It is reported that, in Brunei Darussalam, tender awards exceeding BND 250,000 (approx. USD 180,000–200,000) require final approval by the Minister of Finance and Economy, based on the State Tender Board’s recommendation, a role held by the Sultan.
Coverage Horizontal
Sources
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S464R1.pdf&Open=True
- https://web.archive.org/web/20251217032836/https://www.mofe.gov.bn/procurement-process-workflow/
- https://web.archive.org/web/20260317194735/https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
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BRUNEI
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)
Brunei is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230419100610/https://e-gpa.wto.org/en/Agreement/Latest
- https://www.wto.org/english/tratop_e/gproc_e/memobs_e.htm
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S464R1.pdf&Open=True
- https://web.archive.org/web/20260311190950/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
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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
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