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Trading restrictions

BRUNEI

n/a

Chapter Online sales and transactions  |  Sub-chapter Domain name (DNS) registration requirements
BNNIC Regisration 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. Foreigners are allowed to register a trademark, but must provide an address for service in Brunei.
Coverage Horizontal
Trading restrictions

BRUNEI

Since 2001

Chapter Standards  |  Sub-chapter Product safety certification (EMC/EMI, radio transmission)
Section 9 of Telecommunications Order
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. 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 effect previous declaration/certificate.
Coverage Telecommunication, radiocommunication and satellite equipments
Restrictions on data

BRUNEI

Since 2005
Since 1963
Since 1982
Since 1983

Chapter Content access  |  Sub-chapter Other restrictive practices related to content access
Censorship of Films and Public Entertainments Act 1963

Undesirable Publications Act 1982

Sedition Act 1983
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.
Coverage Internet Service Providers (ISPs) and Internet Content Providers (ICPs)
Restrictions on data

BRUNEI

Since 2005

Chapter Content access  |  Sub-chapter Censorship and filtering of web content
Chapter 180 of the Broadcasting Act (Internet Code of Practice)
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 Service Providers (ISPs) and Internet Content Providers (ICPs)
Restrictions on data

BRUNEI

Since 2005
Since 1963
Since 1982
Since 1983

Chapter Content access  |  Sub-chapter Censorship and filtering of web content
Chapter 180 of the Broadcasting Act (Internet Code of Practice)

Censorship of Films and Public Entertainments Act 1963

Undesirable Publications Act 1982

Sedition Act 1983
The class licence scheme for relevant providers and the Internet Code of Practice from 2005 are the basis for online content regulation in Brunei. 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 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.

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.
Coverage Internet Service Providers (ISPs) and Internet Content Providers (ICPs)
Restrictions on data

BRUNEI

Since 2005
Since 1963
Since 1982
Since 1983

Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
Chapter 180 of the Broadcasting Act (Internet Code of Practice)

Censorship of Films and Public Entertainments Act 1963

Undesirable Publications Act 1982

Sedition Act 1983
A class licence scheme for relevant providers and the Internet Code of Practice from 2005 are the basis for online content regulation in Brunei. 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 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.

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.
Coverage Internet Service Providers (ISPs) and Internet Content Providers (ICPs)
Restrictions on data

BRUNEI

Reported in 2015

Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
Intermediary liability
Currently, there is no legal framework stipulating exemption from liability for Internet intermediaries. However, Brunei is a member of the Trans-Pacific Partnership (TPP) and, once the agreement is ratified, it will be required to implement the relevant provisions on intermediary liability.
Coverage Internet intermediaries
Restrictions on data

BRUNEI

Reported in 2013

Chapter Data policies  |  Sub-chapter Restrictions on cross-border data flows
Local storage requirement
Brunei has laws that require that data generated within the country should be stored only in servers within the country.
Coverage Horizontal
Establishment restrictions

BRUNEI

Since 2002

Chapter Business mobility  |  Sub-chapter Other restrictive practices related to business mobility
Practice
The Local Business Development Framework sets targets based on the sophistication of technology involved and the value of the contract. High technology, low value contracts are open to all companies and require only best endeavor efforts for local employment and content. Low technology, high value contracts are only open to local companies, with local employment targets of 50 percent to 90 percent and local content targets above 70 percent.
Coverage Horizontal
Establishment restrictions

BRUNEI

Since 2002

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Immigration Act
There is a requirement for the employment pass. The Immigration Officer assesses whether there is not already in Brunei an unemployed person skilled for the occupation in question. Moreover, the employment by a foreigner should also benefit Brunei as a whole.
Coverage Horizontal
Establishment restrictions

BRUNEI

Since 2014

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Quota system
A quota system is put in place by the Labor Department for expatriate employment. The quota system entails that:
- no foreign labour is permitted in rural areas,
- 20% of foreign labour is allowed in semi-urban areas, and
- 30% of foreign labour is allowed in municipality areas.
Coverage Horizontal
Establishment restrictions

BRUNEI

Reported in 2015

Chapter Competition policy  |  Sub-chapter Competition
State-Owned Enterprise
Telekom Brunei, the incumbent, is a state-owned company.
Coverage Telecommunication sector
Establishment restrictions

BRUNEI

Reported in 2015

Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Inadequate copyright enforcement
Brunei’s intellectual property rights (IPR) protection and enforcement regime is still in development. Although it is increasingly strong and effective due to efforts to educate the public about the importance of IPR, there are many weaknesses. For example, an owner of a copyright may not be entitled to damages against a defendant if the defendant can show that he/she did not know to have infringed a copyright.
Coverage Horizontal
Establishment restrictions

BRUNEI

Since 2000

Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Emergency (Copyright) Order of 1999
The Emergency (Copyright) Order includes provisions about fair dealing related to research, private study, criticism, reviews and news reporting.
Coverage Horizontal
Establishment restrictions

BRUNEI

Since 2011
Since 2012

Chapter Intellectual Property Rights  |  Sub-chapter Patents
Patent Order

Patent Rules
There are no restrictions based on nationality or residency in applying for a patent in Brunei. However, a foreign applicant is required to file through an authorised representative (agent) with a local address in Brunei.
At the same time, any person resident in Brunei and wishing to apply for patent protection in other countries must first obtain permission from the Brunei Registry of Patents. If they have already applied for a patent for the same invention in Brunei, the overseas application should be made not less than two months after the application has been filed in Brunei.
Coverage Horizontal