ORGANISATION MONDIALE  
DU COMMERCE  S/DCS/W/BRN 
24 janvier 2003 
 (03-0481) 
Commerce des services Original:   anglais 
   
BRUNÉI DARUSSALAM 
 
Projet de version codifiée de la Liste d'engagements spécifiques
1 
  
 On trouvera ci-joint un projet de version c odifiée de la Liste d'engagements spécifiques du 
Brunéi Darussalam en format Word.  Ce document ne remplace pas les engagements juridiquement 
contraignants souscrits par le Brunéi Darussal am dans sa Liste d'engagements spécifiques 
(GATS/SC/95; GATS/SC/95/Suppl.1).  
 Est joint au projet de liste codifiée la List e d'exemptions de l'article II (NPF) du Brunéi 
Darussalam (GATS/EL/95) en format Word.   Le projet de version codifiée de la liste et la Liste d'exemptions de l'obligation NPF ont été 
établis par le Secrétariat, à la demande des Memb res, pour faciliter le processus de négociation, y 
compris la présentation des offres initiales. 
 
_______________ 
 
 
 
 
 
 
                                                           
1 Le présent document a été établi, en anglais seulemen t, par le Secrétariat sous sa propre responsabilité 
et sans préjudice des positions des Membres ni de le urs droits et obligations dans le cadre de l'OMC.  S/DCS/W/BRN 
Page 2 BRUNEI 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 Limi tations on  National Treatm ent Additional Commitments 
I. HORIZONTAL COMMITMENTS 
 ALL SECTORS  
 INCLUDED IN THIS  
 SCHEDULE    
 3) Unbound for measures concerning foreign  
 equity or interest in companies established or  
 wishing to establish a commercial presence 3) Unbound except with respect to existing 
commercial presence: 
 half of the board member s of a public company  
 and half the directors of a private company   must be nationals or residents of Brunei  
 Darussalam.  
  - all companies inco rporated outside Brunei 
Darussalam which establish or have established  
a place of business in Brunei Darussalam must 
have one or more locally resident agents to accept service of process and any service of 
process or any notices required to be served on 
the company.  
 4) Unbound except for m easures concerning the  
 entry and temporary presence of intra-  
 corporate transferees at the level of managers,  
 executives and specialis ts.  Intra-corporate  
 transferees refers to managers, executives and   specialists, as defined below, who are  
 employees of firms that provides services  
 within Brunei Darussalam through a branch,   subsidiary, or affiliate established in Brunei  
 Darussalam and who have been in the prior 4) Unbound except for m easures concerning the 
 categories of natural persons referred to in the 
 market access column. 
 
  
  employ of their firms outside Brunei  
 Darussalam for a period of not less than one  
 year immediately preceding the date of their  
 application for admission and who are one of   the 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 Limi tations on  National Treatm ent Additional Commitments 
 
  (a) Managers - persons within an organisation  
 who primarily direct the organisation, or a  
 department or sub-division of the   organisation, supervise and control the work  
 of other supervisory, professional or  
 managerial employees, have the authority to   hire and fire or commend hiring, firing or  
 other personnel actions (such as promotion or  
 leave authorisation), and exercise   discretionary authority over day-to-day  
 operations.  Does not include first-line  
 supervisors, unless the employees supervised  
 are professionals, nor does it include 
 employees who primarily perform tasks  necessary for the prov ision of the service.  
 
 (b) Executives - persons within the organisation  
 who primarily direct the management of the  
 organisation, exercise wide latitude in   decision-making and receive only general  
 supervision or direction from higher-level  
 executives, the board of directors, or   stockholders of the business.    
 
  S/DCS/W/BRN 
Page 4 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 Limi tations on  National Treatm ent 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 level  
 of expertise and who possess proprietary   knowledge of the organisation's service,  
 research equipment, techniques, or  
 management.  (Specialists may include, but  
 are not limited to, members of licensed  
 professions).  
 
   
 Entry for these intra-co rporate transferees is  
 limited to a three year period that may be   extended for up to two additional years for a  
 total 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 by 
 the 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 Limi tations on  National Treatm ent 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 Soci ety 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 Soci ety 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;  and   S/DCS/W/BRN 
Page 6 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 Limi tations on  National Treatm ent Additional Commitments 
 
  
 
  
 
  
3) Audit firm may be set up only as a sole  
 proprietorship or partnership but has to be   registered with the Registrar of Business  
 Names. 
- Maximum number of partners in an audit  
 firms is twenty. 
- A partnership may consist of only individuals,   local companies and/or branches of foreign  
 companies. 
- 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) None 3) None 
4) Unbound except as indicated in the 
 horizontal measures 1) None 
2) None 3) 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 whic h is registered 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. 
 
  
   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 Limi tations on  National Treatm ent Additional Commitments 
E. Rental/Leasing Services  
 without Operators  
    
b) Rental/leasing services  
 relating to aircraft without  
 operators 
 (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;   and 1) 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 licensed  
 profession in Brunei Darussalam the following   conditions must be met;   
 (a) residency 
 (b) registration).   
 
2. COMMUNICATION  
 SERVICES 
    
C. Telecommunication  
 Services  
     S/DCS/W/BRN 
Page 8 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 Limi tations on  National Treatm ent Additional Commitments 
1. Local service 
 
(a) Public switched voice   telephone services 
 1) Subject to commercial arrangements with  
 licensed operator(s). 
2) Unbound 3) Subject to licence by the appropriate  
 regulatory authority and Brunei Darussalam  
 Companies' 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 of  such services upon the 
 expiry of this period. 
 
2. International service  
(a) Public switched voice  
 telephone services  1) Subject to commercial arrangements with  
 licensed operator(s). 
2) Unbound 1) Unbound 
 
2) Unbound  The 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 the  expiry of this period. 
 
 3) Subject to licence by the appropriate  
 regulatory authority and Brunei Darussalam  
 Companies' Act.    International public switched voice telephone  
 services 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 Limi tations on  National Treatm ent Additional Commitments 
3. Mobile services 
 
(a) Public cellular mobile   telephone service 
 1) Subject to commercial arrangements with  
 licensed operator(s). 
2) Unbound 3) Subject to licence by the appropriate  
 regulatory authority and Brunei Darussalam  
 Companies' 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 National  Telecom Authority Control 1) None  
 
 2) None 
3) Unbound 4) Unbound except as indicated in the horizontal  
 section. 
 2) None 
3) Unbound 4) 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) 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. 
  
 
(h) Electronic mail   (CPC 7523**) 
 1) None except service provider must use Public  
 Telecom Network under Government National 
 Telecom 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 10 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 Limi tations on  National Treatm ent 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) 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. 
  
 
(k) Electronic data interchange  
 (EDI) (CPC 7523**) 
 1) None except service provider must use Public  
 Telecom Network under Government National 
 Telecom 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.   
 
(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 National  Telecom Authority Control 
2) None 
3) Unbound 4) Unbound except as indicated in the horizontal  
 measures. 
 1) None 
  
2) None 
3) Unbound 4) 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 Limi tations on  National Treatm ent 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 co mpanies that are  
 registered 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 health  
 insurance and contracts of   fidelity bonds, performance  
 body or similar contracts of  
 guarantee.  (CPC 8129) 
 1) Unbound 
2) Compulsory insurance of Motor Third Party  
 Liability and Workmen's Compensation can  
 be purchased only from insurance companies   established in Brunei. 
3) Commercial presence is permitted only  
 through insurance co mpanies that are  
 registered 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) Unbound 3) Unbound 
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 12 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 Limi tations on  National Treatm ent Additional Commitments 
(d) Insurance and  
 intermediation comprising  
 broking and agency   services (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 insurance   managers 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 to  
 insurance, as follows:   
  
  
 
(a) Consultancy (excludes   insurance agency services   to insurance industry) 
(b) Actuarial risk assessment 
(c)  Risk management (d)  Maritime loss adjusting 
 1) None 
2) None 3) None 
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 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 Limi tations on  National Treatm ent Additional Commitments 
11. TRANSPORT SERVICES 
    
C. Air Transport Services  
    
(c) Rental of aircraft with crew 
 (CPC 734) 
 1) None except: 
 Aircraft must be certified 
 Entry to Brunei Darussalam is subject to   approval 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 Darussalam  
 with 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 Brunei  
 trainees. 4) Unbound except as indicated in the horizontal  
 section  S/DCS/W/BRN 
Page 14  
 
 
ANNEX  
 
 
Scope  
 The following are defin itions 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 telecommunica tions 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 technica lly substituted in order to provide a service. 
 
A major supplier
 is a supplier which has the ability to materia lly 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 pr eventing suppliers who, alone or 
together, are a major supplier  from engaging in or continui ng 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 competitors with anti-competitive results;  and 
  (c) not making available to other servic es suppliers on a time ly basis technical  information 
about essential faciliti es and commercially relevant info rmation which are necessary for 
them to provide services.  
 
2. Interconnection
 
 2.1 This section applies to linking with supplie rs providing public teleco mmunications 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 another supplier, where specific commitments are 
undertaken. 
  S/DCS/W/BRN 
 Page 15 
 
 
2.2 Interconnection to be ensured  
  Interconnection with a major suppl ier will be ensured at any technically feasible point in the 
network.  Such interc onnection is provided. 
 
 (a) under non-discriminatory terms, cond itions (including tec hnical standards and 
specifications) and rates and of a quality no less 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, co nditions (including technical standards and 
specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and suffi ciently unbundled so that the supplier need not pay for 
network components or fa cilities 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 procedures for interconnection negotiations
 
  The procedures applicable for interconnec tion 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 availa ble either its interconnection 
agreements or a reference interconnection offer.  
 
2.5 Interconnection:  dispute settlement
 
  A service supplier requesting in terconnection with a major supplie r 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 regu latory body as referred to  in paragraph 5 below, 
to resolve disputes regarding a ppropriate terms, cond itions and rates for in terconnection 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 tr ansparent, non-discriminatory and compet itively neutral manner and are not more 
burdensome than necessary for the kind of universal service defined by the Member.       
 S/DCS/W/BRN 
Page 16  
 
4. Public availability of licensing criteria  
  Where a licence is required, the following will be made publicly available:  
 (a) all the licensing criteria and the period of time normally requi red 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 w ill 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 regul ators 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 carr ied out in an objective, timely, transparent and non-discriminatory 
manner. The current st ate of allocated frequency bands will be made publicly availa ble, but detailed 
identification of frequencies allocated for specific government us es is not required. 
 
_______________ 
 
   S/DCS/W/BRN
 Page 17BRUNEI DARUSSALAM – FINAL LIST OF ARTICLE II (MFN) EXEMPTIONS 
 
Sector or Subsector Description of measure 
indicating its inconsistency 
with Article II Countries to which the 
measure applies Intended duration Conditions creating the need for 
the exemption 
All Sectors 
 Future liberalisation of 
measures affecting limitations 
on foreign equity or interest in companies established in Brunei 
Darussalam shall be carried out 
in a differentiated manner, and at 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 development 
requirements with the abilities and 
facilities provided by foreign enterprises and their home countries.  
The objective is to maximise 
economic benefits of foreign participation in the Brunei 
Darussalam 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 and 
national policy 
considerations.  Due to the small population base the 
government needs to regulate the 
flow of foreign workers, both skilled 
and unskilled, to ensure social 
cohesion 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 removing 
this exemption under 
review.  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 Subsector Description of measure 
indicating its inconsistency 
with Article II Countries to which the 
measure applies Intended duration Conditions 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 services listed in Services Sectoral 
Classification List, 
MTN.GNS/W/120.  The Radio Television Brunei 
(RTB) accords preferential broadcast and transmission 
rights to selected countries with 
which it has signed bilateral agreements. 
 All countries.  Currently, only 
Singapore, Malaysia and Indonesia are given preferential 
broadcast and transmission 
rights.  Brunei Darussalam will 
keep the possibility of removing the exemption 
under review. 
 To promote social economic and 
cultural relations.  
Financial Services 
 Treatment with respect to the 
granting of approval to establish 
offshore banks and merchant banks, to expand existing 
operations and conduct new 
activities in the financial services sector may be accorded 
to service suppliers of another 
member in a differentiated manner 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 accords 
favourable treatment to Brunei Darussalam financial institutions. 
   S/DCS/W/BRN
 Page 19Sector or Subsector Description of measure 
indicating its inconsistency 
with Article II Countries to which the 
measure applies Intended duration Conditions creating the need for 
the exemption 
Reinsurance and retrocession  Exception granted to ASEAN 
Reinsurance Corporation (ASEAN Re), a private-sector 
venture with equal 
shareholdings from six ASEAN countries, to be established with 
paid-up capital of B$6 million 
instead out the minimum B$10 
million stipulated in the 
Insurance Act.  Other than this, ASEAN Re is subject to the 
same rules and regulations 
applied to all reinsurers in Brunei Darussalam. ASEAN 
 Indefinite 
 To promote greater cooperation 
among ASEAN in the reinsurance sector. 
 
Banking and other financial services 
 Under a currency 
interchangeability agreement 
between Brunei Darussalam and Singapore, the currency issuing 
authorities of Brunei 
Darussalam and Singapore would: 
 
 Singapore 
 Indefinite, until either 
country terminates the 
agreement.  The currency interchangeability 
agreement was entered into in 1967 
arising from special historical and economic ties between Brunei 
Darussalam and Singapore. 
  S/DCS/W/BRN 
Page 20 
Sector or Subsector Description of measure 
indicating its inconsistency 
with Article II Countries to which the 
measure applies Intended duration Conditions creating the need for 
the exemption 
 - accept from banks, notes and 
coins by the other issuing authority, at par and without 
charge and to exchange such 
notes and coins into the currency of the country 
concerned;  and 
 
- arrange for repatriation at the 
expanse of the respective currency issuing authority, the 
notes and coins issued by the 
other currency issuing authority and to receive at par the 
equivalent in any agreed 
currency.     
 
__________