Annex I. Brunei
Annex I. Brunei
Annex I. Brunei
ANNEX I
SCHEDULE OF BRUNEI DARUSSALAM
1.
2.
1.
Sector:
All Sectors
Obligations Concerned:
Measures:
Description:
Investment
1. Sole Proprietors and Cooperative Societies
Foreign nationals may not establish sole proprietorships
or cooperative societies.
2. Partnerships
Foreign nationals may not establish a partnership, except
with the written approval of the Registrar of Business
Names.
3.Company Directorship
A foreign national may not sit on the board of directors
of an enterprise established in Brunei Darussalam unless
one (1) of the two (2) directors or, where there are more
than two (2) directors, at least two (2) of them shall be
ordinarily resident in Brunei Darussalam. For the
purposes of this reservation, a foreign national shall
apply to the Ministry of Finance in order to be
considered as being ordinarily resident in Brunei
Darussalam.
I BN 1
2.
Sector:
Manufacturing
Manufacturing
and
Services
Incidental
Obligations Concerned:
Measures:
Description:
Investment
to
2.
I BN 2
3.
Sector:
Obligations Concerned:
Measures:
Description:
Investment
Foreign investors may not utilise sites under the
control of the Department of Agriculture, Ministry of
Primary Resources and Tourism, for all agriculture and
services incidental to agriculture activities unless they
comply with these requirements:
1.
2.
3.
I BN 3
4.
Sector:
Obligations Concerned:
Measures:
Description:
Investment
Foreign investors may not utilise sites under the
control of the Department of Fisheries, Ministry of
Primary Resources and Tourism, for all fisheries and
services incidental to fisheries activities unless they
comply with requirements to purchase, use, or accord
a preference to goods produced in Brunei Darussalam,
or to purchase goods from local suppliers, as long as
any requirement to transfer technology or proprietary
knowledge does not unreasonably prejudice the
legitimate interests of the owner of technology or
proprietary knowledge and is not for the purposes of
commercial exploitation by the Party.
I BN 4
5.
Sector:
Obligations Concerned:
Measures:
Description:
2.
I BN 5
6.
Sector:
Construction Services
Obligations Concerned:
Measures:
Description:
I BN 6
Project Threshold
I
II
Up to BND 50 000
Exceeding BND 50 000
but not more than
BND 250 000
Exceeding BND 250
000 but not more than
BND 500 000
Exceeding BND 500
000 but not more than
BND 1.5 million
Exceeding BND 1.5
million but not more
than BND 5 million
Exceeding BND 5
million
No threshold
III
IV
VI
Building
Specialist
and
Supplier
Mechanical
and
Electrical
Specialist
and
Supplier
No threshold
Level of
Foreign
Equity
Allowed
None
None
twenty
percent
fifty
percent
seventy
percent
ninety
percent
ninety
percent
ninety
percent
I BN 7
I BN 8
7.
Sector:
Environmental Services
Obligations Concerned:
Measures:
Pollution
Control Guidelines
for
Industrial
Development of Brunei Darussalam
Planning Guidelines for Earthworks Development
(Focus on Environmental Sensitive Area) 2009
Planning Guidelines and Standards for Industrial
Development 2010
Environmental Impact Assessment Order 2011 (Final
Draft)
Environmental Protection and Management Order
2012
Hazardous Waste (Control of Export, Import and
Transit) Order 2011 (Draft)
Hazardous Waste (Control of Export, Import and
Transit) Regulations (Draft)
Administrative Measures and Guidelines
Description:
I BN 9
Project Threshold
I
II
Up to BND 50 000
Exceeding BND 50 000
but not more than
BND 250 000
Exceeding
BND 250 000 but not
more than
BND 500 000
Exceeding
BND 500 000 but not
more than
BND 1.5 million
Exceeding
BND 1.5 million but
not more than
BND 5 million
Exceeding
BND 5 million
III
IV
VI
Building
Specialist
and
Supplier
Mechanical
and
Electrical
Specialist
and
Supplier
I BN 10
Level of
Foreign
Equity
Allowed
None
None
twenty
percent
fifty
percent
seventy
percent
ninety
percent
No threshold
ninety
percent
No threshold
ninety
percent
I BN 11
8.
Sector:
Business Services
Public Auditing Services
Obligations Concerned:
Measures:
Description:
I BN 12
9.
Sector:
Telecommunication Services
Obligations Concerned:
Measures:
Description:
I BN 14
10.
Sector:
Business Services
Architectural Services
Engineering Services
Integrated Engineering Services
Quantity Surveying Services
Related Scientific and technical consulting services
Surveying Services
Urban Planning and Landscape Services
Obligations Concerned:
Measures:
Description:
I BN 15
I BN 16
11.
Sector:
Business Services
Unarmed Guard Services
Obligations Concerned:
Measures:
Description:
I BN 17
12.
Sector:
Business Services
Placement and supply services of personnel
Employment Agencies
Obligations Concerned:
Measures:
Description:
I BN 18
13.
Sector:
Miscellaneous Licenses
Obligations Concerned:
Measures:
Description:
Investment
1. A Business License may only be granted to a
Bruneian national.
2. For greater certainty this reservation is only
limited to the issuance of Business Licenses for
the operation of commercial properties identified
in the listed measures. Business Licenses are
required for the enforcement of health and safety
regulations, and do not restrict the participation of
foreign nationals in any activity where such a
Business License is required, unless otherwise
provided for in this Schedule.
I BN 19
14.
Sector:
Obligations Concerned:
Measures:
Description:
I BN 20
15.
Sector:
Obligations Concerned:
Measures:
Description:
Investment
1. Foreign nationals and enterprises may not establish
a travel agency in Brunei Darussalam.
2.
I BN 21
16.
Sector:
Tourism
Hotels /Boarding House /Lodging
Obligations Concerned:
Measures:
Description:
2.
3.
I BN 22
17.
Sector:
Obligations Concerned:
Measures:
Description:
Investment
1. Unless authorised to do so by the Ministry of
Development, a foreign national may not establish
an enterprise to mine or quarry for sand (apart
from silica sand) or gravel, or provide any services
incidental to such mining and quarrying of sand or
gravel.
2. Any sand (apart from silica sand) or gravel mined
or quarried in Brunei Darussalam is only allowed
to be used within Brunei Darussalam and is not
allowed to be exported.
I BN 23
18.
Sector:
Obligations Concerned:
Measures:
Description:
I BN 24
19.
Sector:
Transport Services
Rail Transport Services
Obligations Concerned:
Measures:
Description:
2.
3.
I BN 25
20.
Sector:
Transport Services
Maritime Passenger Transport Services
Maritime Freight Transport Services
Services auxiliary to maritime transport
Obligations Concerned:
Measures:
Description:
I BN 26
I BN 27
21.
Sector:
Transport Services
Specialty Air Services (Flight Training Organisation)
Obligations Concerned:
Measures:
Description
I BN 28
22.
Sector:
Communication Services
Courier Services, including Express Delivery
Services
Obligations Concerned:
Measures:
Description:
I BN 29
23.
Sector:
Business Services
Professional Services
Legal Services
Obligations Concerned:
Measures:
Description:
2.
I BN 30
24.
Sector:
Education Services
Higher Education Services
International Schools
Obligations Concerned:
Measures:
Description:
2.
I BN 31
3.
I BN 32
25.
Sector:
Land
Obligations Concerned:
Measures:
Description:
Investment
Subject to review and approval by the relevant
committee
(Komiti
bagi
Mempertimbangkan
Permohonan Pindahmilik Strata) chaired by the
Minister of Development, or his authorised
representative, a foreign national or enterprise:
1. may own or lease non-landed property (strata title)
for up to a maximum of:
(a)
(b)
I BN 33
26.
Sector:
Petroleum
Obligations Concerned:
Measures:
Description:
Investment
1. Under the Act, the State Party has exclusive
ownership of and rights over petroleum in the
territory of Brunei Darussalam. The State Party
presently includes Brunei National Petroleum
Company Sdn. Bhd (PetroleumBRUNEI).
Private companies may obtain exploration,
exploitation, development, and production rights
for petroleum through petroleum mining
Agreements with the State Party.
2. The State Party may require that investment in
Brunei Darussalam by an investor of another Party
take the form of a joint venture or a similar
arrangement with a Bruneian enterprise, which
may include PetroleumBRUNEI or any of its
subsidiaries.
3. The State Party may require as a contractual term
that, during the exploration or development period,
all relevant costs with respect to the maximum
participating interest of the Bruneian enterprise be
borne by the partner that is an investor of another
Party. Consequently, on the expiration of the carry
interest period, the Bruneian enterprise will bear
the costs of future operations in proportion to its
participating interests in the petroleum mining
Agreement.
I BN 34
I BN 35
27.
Sector:
Petroleum
Obligations Concerned:
Measures:
Description:
Investment
Foreign enterprises acting as operators in the upstream,
midstream and downstream oil and gas industry may be:
1. contractually required to provide a portion of natural
gas or manufactured petrochemical products and
their derivatives in Brunei Darussalam for domestic
use; or
2. required to appoint a certain percentage of Bruneian
nationals or permanent residents to management
positions.
I BN 36
28.
Sector:
Obligations Concerned:
Measures:
Description:
2.
I BN 37
29.
Sector:
Obligations Concerned:
Measures:
Description:
I BN 38
30.
Sector:
Obligations Concerned:
Measures:
Description:
I BN 39
Appendix I A
Note: All activities listed herein are with respect to contracts with petroleum upstream,
midstream and downstream operators in Brunei Darussalam and are therefore applicable
only to Brunei Darussalams Non-Conforming Measures for Petroleum in Annex I
Work Categories
Corporate Services
1. Provision of environmental health services, including pest prevention services. This
does not include advisory and consultancy services.
2. Provision of media publication services
3. Provision of event management services
4. Provision of travel arrangements for staff (other than those booked online)
Engineering Design
1. Provision of quantity surveying services
Facility Management
1. Provision of supply, rental, installation and maintenance of air-conditioners for
onshore and offshore areas
2. Provision of catering, cleaning, laundry and recreational services at offshore facilities
3. Provision of housekeeping and catering services for onshore oil and gas facilities
including lodging
4. Provision of building and maintenance services for staff housing
5. Provision of electrical maintenance services for staff housing
6. Provision of landscape maintenance services
7. Provision of packing and transportation services for staff
8. Provision of office support services
9. Provision of security services
10. Provision of warehousing services for storage
11. Provision of maintenance services for industrial buildings
12. Provision of civil infrastructure services including maintenance, construction,
renovation and demolition
13. Provision of courier services to worldwide locations and within Brunei
I BN 40
Inspection Services
1. Provision of specialist inspection and non-destructing testing services
Instrumentation Aftermarket
1. Provision of after-sales maintenance services for instrumentation equipment and spare
parts
Land
1. Provision of spot or term hire of light vehicles
2. Provision of spot or term hire of medium/heavy vehicles. This does not include
specialised or special-purpose vehicles.
3. Provision of material handling and manpower services
4. Provision of material clearing and forwarding services for air and sea freight
5. Provision of road fuel tankers and maintenance services for transport of petroleum
products domestically
Marine Vessels
1.
2.
3.
4.
5.
6.
I BN 41
Well Intervention
1. Provision of coil tubing services and equipment for onshore activities
2. Provision of hoist services for in support of onshore wells workover operations and
related activities
3. Provision of equipment and personnel for well abandonment services
4. Provision of well integrity and maintenance services
I BN 42
Product Categories
1.
2.
3.
4.
5.
6.
7.
8.
9.
Supply of materials and equipment for civil works including building material and
hardware, small tools, textiles and clothing
Supply of flat-rack containers for storage and transportation
Supply of material handling accessories including wire ropes, cordage chains and
tackles
Supply of non-office materials and equipment including furniture and household
requisites
Supply of office materials and equipment including office machines, stationery and
consumables
Supply of vehicles and vehicles accessories including bicycles. This does not include
specialised/special-purpose vehicles.
Supply of abrasives, polishes and compounds
Supply of lubricants including oil products, greases and fuel additives
Supply of workshop tools and accessories including machine and pneumatic tools and
accessories, welding and spraying equipment
I BN 43