WORLD TRADE
ORGANIZATIONS/DCS/W/BRN
24 January 2003
(03-0481)
Trade in Services Original:  English
BRUNEI DARUSSALAM
Draft consolidated Schedule of Specific Commitments1
Attached is a draft consolidated version of the Schedule of Specific Commitments of Brunei
Darussalam in word format.  This document  does not substitute for the legally binding commitments
undertaken by Brunei Darussalam in its Sche dule of Specific Commitments (GATS/SC/95;
GATS/SC/95/Suppl.1)
Attached to the draft consolidated schedule is Brunei Darussalam's Article II (MFN)
Exemption List (GATS/EL/8) in word format.
The draft consolidated versions of the Schedule and the MFN Exemption List were prepared
by the Secretariat, at the request of Members, to facilitate the process of negotiations, including the
presentation of initial offers.
_______________
                                                          
1 This document has been prepared, in English only, under the Secretariat's own responsibility and without
prejudice to the positions of Members and to their rights and obligations under the WTO.S/DCS/W/BRN
Page 2BRUNEI DARUSSALAM – SCHEDULE OF SPECIFIC COMMITMENTS
Mode of Supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
I. HORIZONTAL COMMITMENTS
ALL SECTORS
INCLUDED IN THIS
SCHEDULE
3) Unbound for measures concerning foreign
equity or interest in companies established orwishing to establish a commercial presence3) Unbound except with respect to existing
commercial presence:
half of the board members of a public companyand half the directors of a private companymust be nationals or residents of Brunei
Darussalam.
- all companies incorporated outside Brunei
Darussalam which establish or have establisheda place of business in Brunei Darussalam musthave one or more locally resident agents toaccept service of process and any service of
process or any notices required to be served on
the company.
4) Unbound except for measures concerning the
entry and temporary presence of intra-corporate transferees at the level of managers,
executives and specialists.  Intra-corporate
transferees refers to managers, executives andspecialists, as defined below, who areemployees of firms that provides serviceswithin Brunei Darussalam through a branch,subsidiary, or affiliate established in Brunei
Darussalam and who have been in the prior4) Unbound except for measures concerning the 
categories of natural persons referred to in the market access column.
employ of their firms outside BruneiDarussalam for a period of not less than oneyear immediately preceding the date of theirapplication for admission and who are one ofthe following:S/DCS/W/BRN
Page 3Mode of Supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
 (a) Managers - persons within an organisation
who primarily direct the organisation, or a
department or sub-division of theorganisation, supervise and control the workof other supervisory, professional ormanagerial employees, have the authority tohire and fire or commend hiring, firing or
other personnel actions (such as promotion or
leave authorisation), and exercisediscretionary authority over day-to-dayoperations.  Does not include first-linesupervisors, unless the employees supervised
are professionals, nor does it include
employees who primarily perform tasksnecessary for the provision of the service.
(b) Executives - persons within the organisation
who primarily direct the management of theorganisation, exercise wide latitude indecision-making and receive only general
supervision or direction from higher-level
executives, the board of directors, orstockholders of the business.S/DCS/W/BRN
Page 4Mode of Supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Executives would not directly
perform tasks related to the actual provision of
the service or services of the organisation.
(c) Specialists - persons within an organisation
who possess knowledge at an advanced levelof expertise and who possess proprietaryknowledge of the organisation's service,
research equipment, techniques, or
management.  (Specialists may include, butare not limited to, members of licensedprofessions).
Entry for these intra-corporate transferees islimited to a three year period that may beextended for up to two additional years for atotal term not to exceed five years.
II. SECTOR SPECIFIC COMMITMENTS
1. BUSINESS SERVICES
A. Professional Services
b) Auditing services
(CPC 862)1) Foreign-based auditors are allowed to audit
local accounts provided they are authorised bythe Ministry of Finance.1) In order to apply to be an authorised auditor, a
person must have as minimum qualifications:
A. For accounts kept in English
1. Associate membership of one of the following
bodies:S/DCS/W/BRN
Page 5Mode of Supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(a) The institute of Chartered Accountants (of
Australia, Canada, England and Wales, Ireland,
New Zealand and Scotland).
(b) The Association of Certified Accountants.(c) The Australian Society of Accountants(d) The New Zealand Society of Accountants
B. For accounts kept in language other than
English:
(a) Associate membership of one of the bodies set
out in A(a) above;  and
(b) Evidence of competency in the language
concerned.
- In order to practice as an authorised auditor, he
must have at least 5 years auditing experiences.
2) Foreign-based auditors are allowed to audit
local accounts provided they are authorised by
the Ministry of Finance.2) In order to apply to be an authorised auditor, a
person must have as minimum qualifications.
A. For accounts kept in English:
1. Associate membership of one of the following
bodies:
(a) The institute of Chartered Accountants (of
Australia, Canada, England and Wales, Ireland,New Zealand and Scotland).
(b) The Association of Certified Accountants.
(c) The Australian Society of Accountants(d) The New Zealand Society of Accountants
B. For accounts kept in languages other than
English.
(a) Associate membership of one of the bodies set
out in A(a) above;  andS/DCS/W/BRN
Page 6Mode of Supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
3) Audit firm may be set up only as a sole
proprietorship or partnership but has to beregistered with the Registrar of BusinessNames.
- Maximum number of partners in an audit
firms is twenty.
- A partnership may consist of only individuals,
local companies and/or branches of foreigncompanies.
- Principal or only place of residence within
Brunei Darussalam.(b) Evidence of competency in the language
concerned.
- In order to practice as an authorised auditor, he
must have at least 5 years auditing experiences.
3) Must prove commitment to recruit and develop
more local human resources.
4) Unbound except as indicated under horizontal
measures.4) Unbound except as indicated under horizontal
measures.
(h) Medical and dental services
(9312)1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal measures1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal measures
B. Computer and Related 
Services
(a) Consultancy services
related to the installation of
computer hardware
(b) Software implementation(c) Data processing services(d) Database services
(CPC 841, 842, 843, 844,
845 + 849)1) None
2) None
3) Commercial presence is permitted only
through a company which is registered inBrunei Darussalam.
4) Unbound except as indicated under horizontal
measures.1) None
2) None
3) None
4) Unbound except as indicated under horizontal
measures.S/DCS/W/BRN
Page 7Mode of Supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
E. Rental/Leasing Services
without Operators
b) Rental/leasing services
relating to aircraft withoutoperators(CPC 83104)1) Aircraft must be certified.  Entry to Brunei
Darussalam is subject to approval and limitations on the basis of infrastructure capacity.
2) None
3) Unbound except:
(a) Only through a representative office;  or(b) Only by appointment of a General Sales
Agent, that is Bruneian Controlled Company;and1) None
2) None
3) Unbound
(c) Permanent address in Brunei Darussalam is
required with respect to (a).
4) Unbound except with respect to (b), one
technical post subject to:
Local availability test,
Designation of a specified number of Brunei
trainees.4) Unbound except as indicated under horizontal ¨
measures (in order to practice a licensedprofession in Brunei Darussalam the followingconditions must be met;
(a) residency
(b) registration).
2. COMMUNICATION
SERVICES
C. Telecommunication 
ServicesS/DCS/W/BRN
Page 8Mode of Supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
1. Local service
(a) Public switched voice
telephone services1) Subject to commercial arrangements with
licensed operator(s).
2) Unbound3) Subject to licence by the appropriate
regulatory authority and Brunei DarussalamCompanies' Act.Local public switched voice telephone
services are provided exclusively by JTB
which is a government department.
4) Unbound except as indicated in the horizontal
section.1) Unbound
2) Unbound
3) None except as indicated in the horizontal
section
4) Unbound except as indicated in the horizontal 
section.See annex
The period of
exclusivity for local public switched voice telephone services will be extended for 
up to 10 years after 
privatisation of JTB. The government will conduct a review of policy with respect to 
whether to permit 
additional suppliers ofsuch services upon theexpiry of this period.
2. International service
(a) Public switched voice
telephone services1) Subject to commercial arrangements with
licensed operator(s).
2) Unbound1) Unbound
2) UnboundThe period of 
exclusivity for the two
operators expires in 
year 2010.  The government will conduct a review of policy with respect to whether to permit 
additional suppliers of
such services upon theexpiry of this period.
3) Subject to licence by the appropriate
regulatory authority and Brunei Darussalam
Companies' Act.International public switched voice telephoneservices are exclusively provided by JTB(government department) and DSTCom(private company).
4) Unbound except as indicated in the horizontal
section.3) None except as indicated in the horizontal 
section.
4) Unbound except as indicated in the horizontal
section.S/DCS/W/BRN
Page 9Mode of Supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
3. Mobile services
(a) Public cellular mobile
telephone service1) Subject to commercial arrangements with
licensed operator(s).
2) Unbound3) Subject to licence by the appropriate
regulatory authority and Brunei DarussalamCompanies' Act.Public cellular mobile telephone service using
AMPS and GSM technologies are exclusively
provided by DSTCom.
4) Unbound except as indicated in the horizontal
section.1) Unbound
2) Unbound
3) None except as indicated in the horizontal
section
4) Unbound except as indicated in the horizontal 
section.Issuance of a licence 
to provide public 
cellular mobile telephone services employing other than AMPS and GSM technologies will be 
considered by the 
government in year 2010 if public interest and economic conditions justify the 
issuance of such 
licence.
(c) Circuit-switched data
transmission services(CPC 7523**)1) None except service provider must use Public
Telecom Network under Government NationalTelecom Authority Control1) None
2) None
3) Unbound4) Unbound except as indicated in the horizontal
section.2) None
3) Unbound4) Unbound except as indicated in the horizontal
section.
(f) Facsimile services
(CPC 7521** + CPC
7529**)1) None except service provider must use Public
Telecom Network under Government National
Telecom Authority Control
2) None3) Unbound4) Unbound except as indicated in the horizontal
section.1) None
2) None
3) Unbound4) Unbound except as indicated in the horizontal 
section.
(h) Electronic mail
(CPC 7523**)1) None except service provider must use Public
Telecom Network under Government NationalTelecom Authority Control
2) None
3) Unbound
4) Unbound except as indicated in the horizontal
section.1) None
2) None
3) Unbound
4) Unbound except as indicated in the horizontal
section.S/DCS/W/BRN
Page 10Mode of Supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(j) On-line information and
database retrieval
(CPC 7523**)1) None except service provider must use Public
Telecom Network under Government National
Telecom Authority Control
2) None3) Unbound4) Unbound except as indicated in the horizontal
section.1) None
2) None
3) Unbound4) Unbound except as indicated in the horizontal
section.
(k) Electronic data interchange
(EDI) (CPC 7523**)1) None except service provider must use Public
Telecom Network under Government NationalTelecom Authority Control
2) None3) Unbound
4) Unbound except as indicated in the horizontal
section.1) None
2) None
3) Unbound
4) Unbound except as indicated in the horizontal
section.
(l) Enhanced/value-added
facsimile services,including store and forward
and retrieve
(CPC 7523**)1) None except service provider must use Public
Telecom Network under Government NationalTelecom Authority Control
2) None
3) Unbound4) Unbound except as indicated in the horizontal
measures.1) None
2) None
3) Unbound4) Unbound except as indicated in the horizontal
section.S/DCS/W/BRN
Page 11Mode of Supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
7. FINANCIAL SERVICES
A. All insurance and
insurance-related
services
(a) Direct insurance (life)
including annuity, disability
income, accident and health
insurance services.(CPC 8121)1) Unbound
2) None
3) Commercial presence is permitted only
through insurance companies that areregistered in Brunei Darussalam.
4) Unbound except as indicated under horizontal
measures.1) Unbound
2) None
3) None
4) Unbound except as indicated under horizontal
measures.
(b) Direct insurance (non-life)
including disability income,accident and healthinsurance and contracts offidelity bonds, performance
body or similar contracts of
guarantee.(CPC 8129)1) Unbound
2) Compulsory insurance of Motor Third Party
Liability and Workmen's Compensation canbe purchased only from insurance companiesestablished in Brunei.
3) Commercial presence is permitted only
through insurance companies that areregistered in Brunei Darussalam.
4) Unbound except as indicated under horizontal
measures.1) None
2) None
3) None
4) Unbound except as indicated under horizontal
measures.
(c)  Reinsurance and
retrocession (life and non-life) (CPC 81299*)1) Unbound
2) Unbound3) Unbound4) Unbound except as indicated under horizontal
measures1) None
2) None3) None4) Unbound except as indicated under horizontal
measuresS/DCS/W/BRN
Page 12Mode of Supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(d) Insurance and
intermediation comprising
broking and agencyservices (CPC 8140)1) Unbound
2) Insurance intermediation is not allowed to act
for unregistered insurers.
3) (i) Broking for direct insurance of Bruneian
risks requires approval from MOF.(ii) Broker, underwriting and insurancemanagers require approval.
4) Unbound except as indicated under horizontal
measures.1) Unbound
2) None
3) Unbound
4) Unbound except as indicated under horizontal 
measures.
Services auxiliary toinsurance, as follows:
(a) Consultancy (excludes
insurance agency servicesto insurance industry)
(b) Actuarial risk assessment(c)  Risk management(d)  Maritime loss adjusting1) None
2) None3) None4) Unbound except as indicated under horizontal
measures.1) None
2) None3) None4) Unbound except as indicated under horizontal
measures.S/DCS/W/BRN
Page 13Mode of Supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
11. TRANSPORT SERVICES
C. Air Transport Services
(c) Rental of aircraft with crew
(CPC 734)1) None except:
Aircraft must be certifiedEntry to Brunei Darussalam is subject toapproval and limitation on infrastructure
capacity.1) None
2) None
3) Unbound except:
(a) Only through a representative office;  or(b) Only by appointment of a General Sales
Agent; who is a Bruneian Controlled
Company;  and(c) Permanent address in Brunei Darussalamwith respect to (a).2) None
3) Unbound
4) Unbound except with respect to (b), one
technical post subject to:
Local availability test;Designation of a specified number of Bruneitrainees.4) Unbound except as indicated in the horizontal
sectionS/DCS/W/BRN
Page 14
ANNEX
Scope
The following are definitions and principles on the regulatory framework for the basic
telecommunications services.
Definitions
Users mean service consumers and service suppliers.
Essential facilities mean facilities of a public te lecommunications transport network or service that
(a) are exclusively or predominantly provided by a single or limited number of suppliers;
and
(b) cannot feasibly be economically or technically substituted in order to provide a service.
A major supplier is a supplier which has the ability to materially affect the terms of participation (having
regard to price and supply) in the relevant market for basic telecommunications services as a result of:
(a) control over essential facilities;  or(b) use of its position in the market.
1. Competitive safeguards
1.1 Prevention of anti-competitive practices in telecommunications
Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or
together, are a major supplier from engaging in or continuing anti-competitive practices.
1.2 Safeguards
The anti-competitive practices referred to above shall include in particular:
(a) engaging in anti-competitive cross-subsidization;
(b) using information obtained from compe titors with anti-competitive results;  and
(c) not making available to other services suppliers on a timely basis technical  information
about essential facilities and commercially relevant information which are necessary for
them to provide services.
2. Interconnection
2.1 This section applies to linking with supplie rs providing public telecommunications transport
networks or services in order to allow the users of one supplier to communicate with users of another
supplier and  to access services provided by a nother supplier, where specific commitments are
undertaken.
2.2 Interconnection to be ensuredS/DCS/W/BRN
Page 15
Interconnection with a major supplier will be ensured at any technically feasible point in the
network.  Such interconnection is provided.
(a) under non-discriminatory terms, conditions (including technical standards and
specifications) and rates and of a quality no le ss favourable than that provided for its
own like services or for like services of non-affiliated service suppliers or for its
subsidiaries or other affiliates;
(b) in a timely fashion, on terms, conditions  (including technical standards and
specifications) and cost-oriented rates that ar e transparent, reasonable, having regard to
economic feasibility, and sufficiently unbundled so that the supplier need not pay for
network components or facilities that it does not  require for the service to be provided;
and
(c) upon request, at points in addition to th e network termination points offered to the
majority of users, subject to charges that reflect the cost of construction of necessary
additional facilities.
2.3 Public availability of the proced ures for interconnection negotiations
The procedures applicable for interconnection to a major supplier will be made publicly
available.
2.4 Transparency of interconnection arrangements
It is ensured that a major supplier will make  publicly available either its interconnection
agreements or a reference interconnection offer.
2.5 Interconnection:  dispute settlement
A service supplier requesting interconnection with a major supplier will have recourse, either:
(a) at any time or(b) after a reasonable period of time which has been made publicly known
to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 below,
to resolve disputes regarding appropriate terms,  conditions and rates for interconnection within a
reasonable period of time, to the extent that these have not been established previously.
3. Universal service
Any Member has the right to define the kind of universal service obligation it wishes to
maintain.  Such obligations will not be regarded as anti-competitive per se , provided they are
administered in a transparent, non-discriminatory  and competitively neutral manner and are not more
burdensome than necessary for the kind of universal service defined by the Member.
4. Public availability of licensing criteriaS/DCS/W/BRN
Page 16
Where a licence is required, the following will be made publicly available:
(a) all the licensing criteria and the period of time normally required to reach a decision
concerning an application for a licence  and
(b) the terms and conditions of  individual licences.The reasons for the denial of a licence will be made known to the applicant upon request.
5. Independent regulators
The regulatory body is separate from, and not accountable to, any supplier of basic
telecommunications services. The decisions of and the procedures used by regulators shall be impartial
with respect to all market participants.
6. Allocation and use of scarce resources
Any procedures for the allocation and use of scarce resources, including frequencies, numbers
and rights of way, will be carried out in an ob jective, timely, transparent and non-discriminatory
manner. The current state of allocated frequency bands will be made publicly available, but detailed
identification of frequencies allocated for specific government uses is not required.
_______________S/DCS/W/BRN
Page 17BRUNEI DARUSSALAM – FINAL LIST OF ARTICLE II (MFN) EXEMPTIONS
Sector or SubsectorDescription of measure
indicating its inconsistency
with Article IICountries to which the
measure appliesIntended durationConditions creating  the need for
the exemption
All Sectors Future liberalisation of
measures affecting limitations
on foreign equity or interest in
companies established in BruneiDarussalam shall be carried outin a differentiated manner, andat the discretion of the relevant
authorities.All Countries Indefinite The measure would be applied in a
differentiated manner to those
investment that match Brunei
Darussalam's specific developmentrequirements with the abilities andfacilities provided by foreignenterprises and their home countries.
The objective is to maximise
economic benefits of foreignparticipation in the BruneiDarussalam economy.
All sectors Preferences for entry and
temporary stay of workers from
traditional sources of supply.Traditional sources Indefinite.  Brunei
Darussalam will
periodically review this in
the light of domestic andnational policyconsiderations.Due to the small population base the
government needs to regulate the
flow of foreign workers, both skilled
and unskilled, to ensure socialcohesion in Brunei Darussalam.
Legal Services All measures pertaining to the
provision of legal services in
Brunei Darussalam.All countries Indefinite.  Brunei
Darussalam will keep the
possibility of removingthis exemption underreview.The exemption is necessary as the
establishment of foreign law firms in
Brunei Darussalam is based on case-by-case approval.S/DCS/W/BRN
Page 18
Sector or SubsectorDescription of measure
indicating its inconsistency
with Article IICountries to which the
measure appliesIntended durationConditions creating  the need for
the exemption
Radio and Television
Radio and television is
defined to include:- Free-to-air broadcasting- Cable and Pay television
- Direct broadcasting by
satellite- Teletext- All broadcasting serviceslisted in Services SectoralClassification List,
MTN.GNS/W/120.The Radio Television Brunei
(RTB) accords preferentialbroadcast and transmissionrights to selected countries withwhich it has signed bilateralagreements.All countries.  Currently, only
Singapore, Malaysia andIndonesia are given preferentialbroadcast and transmissionrights.Brunei Darussalam will
keep the possibility ofremoving the exemptionunder review.To promote social economic and
cultural relations.
Financial Services Treatment with respect to the
granting of approval to establishoffshore banks and merchantbanks, to expand existing
operations and conduct new
activities in the financialservices sector may be accordedto service suppliers of anothermember in a differentiatedmanner or on the basis of
reciprocity and at the discretion
of the relevant authority.All countries Indefinite To accord differentiated treatment to
another member which accordsfavourable treatment to BruneiDarussalam financial institutions.S/DCS/W/BRN
Page 19Sector or SubsectorDescription of measure
indicating its inconsistency
with Article IICountries to which the
measure appliesIntended durationConditions creating  the need for
the exemption
Reinsurance andretrocessionException granted to ASEAN
Reinsurance Corporation(ASEAN Re), a private-sectorventure with equalshareholdings from six ASEANcountries, to be established with
paid-up capital of B$6 million
instead out the minimum B$10million stipulated in theInsurance Act.  Other than this,ASEAN Re is subject to thesame rules and regulations
applied to all reinsurers in
Brunei Darussalam.ASEAN Indefinite To promote greater cooperation
among ASEAN in the reinsurancesector.
Banking and otherfinancial servicesUnder a currency
interchangeability agreementbetween Brunei Darussalam andSingapore, the currency issuing
authorities of Brunei
Darussalam and Singaporewould:Singapore Indefinite, until either
country terminates theagreement.The currency interchangeability
agreement was entered into in 1967arising from special historical andeconomic ties between Brunei
Darussalam and Singapore.S/DCS/W/BRN
Page 20
Sector or SubsectorDescription of measure
indicating its inconsistency
with Article IICountries to which the
measure appliesIntended durationConditions creating  the need for
the exemption
- accept from banks, notes andcoins by the other issuingauthority, at par and withoutcharge and to exchange suchnotes and coins into thecurrency of the country
concerned;  and
- arrange for repatriation at the
expanse of the respectivecurrency issuing authority, thenotes and coins issued by the
other currency issuing authority
and to receive at par theequivalent in any agreedcurrency.
__________