RESTRICTED  WORLD TRADE  
ORGANIZATION  TN/S/O/BRN 
13 May 2005 
 (05-1945) 
Council for Trade in Services 
Special Session Original:   English 
 
 
 
BRUNEI DARUSSALAM 
 
Conditional Initial offer   
 
 The following communication, dated 10 May 2005, from the delegation of Brunei 
Darussalam, is being circulated to the Me mbers of the Council for Trade in Services. 
 
_______________ 
 
 
Pursuant to paragraph 15 of the Minister ial Declaration of 14 November 2001, Brunei 
Darussalam submits herewith its initial offer in  the framework of the ongoing services negotiations 
under the General Agreement on Trade in Servic es (GATS) and in the context of the Doha 
Development Agenda (DDA). 
 
This initial offer is presented without prejudice to Brunei Darussalam’s rights to modify, 
extend, reduce, withdraw in whole or in part any of this offer at any time prior to the conclusion of the 
services negotiations, particularly in response to the level of offers made by other Members.  This 
initial offer is also conditional upon the outcome of  negotiations stipulated by the GATS on rules-
making.  
 
Brunei Darussalam further reserves the right to make technical amendments to this offer 
and make corrections to rectify an y errors, omissions, or inaccuracies in this offer as well as to clarify 
and interpret the terms and conditions of this offer. 
 The classification of services sectors in this initial offer is based on the 1991 Provisional 
Central Product Classification (CPC) of the United  Nations Statistical Office, unless otherwise 
specified. The ordering is based upon on the Servi ces Sectoral Classification list contained in the 
document MTN.GNS/W/120 dated 10 July 1991. 
 The editorial conventions used in this initia l offer follow the guidelines established by the 
WTO Secretariat in JOB(02)/88, i.e.,: 
 
• BOLD  - New text 
• STRIKE
-OUT  – Deleted text 
• ITALICS – Where any new or deleted text cons titutes merely a technical refinement 
that does not alter the scope or s ubstance of an existing commitment 
 
In addition:  
{  }- information annotated solely for the purposes of explanations and does not form part of the proposed commitment  
_______________ 
  
 TN/S/O/BRN 
Page 2 BRUNEI DARUSSALAM – CONDITIONAL INITIAL OFFER 
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 Limitations 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 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:  
   TN/S/O/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 Limitations on  National Treatment 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.    
 
 
  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.   
  
 TN/S/O/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 Limitations on  National Treatment Additional 
Commitments 
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:  
  (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.    TN/S/O/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 Limitations on  National Treatment Additional 
Commitments 
 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  
 
  
  
 
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.   
 TN/S/O/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 Limitations on  National Treatment Additional 
Commitments 
(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.   
 
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).     TN/S/O/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 Limitations on  National Treatment Additional 
Commitments 
 
 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  
    
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.   
 TN/S/O/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 Limitations on  National Treatment Additional 
Commitments 
2. International 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.    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. 
 1) Unbound 
 
2) Unbound 3) None except as indicated in the horizontal 
 section. 
  
 
 
 
4) Unbound except as indicated in the horizontal  section. 
  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. 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.   
   TN/S/O/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 Limitations on  National Treatment Additional 
Commitments 
(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.   
 
(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. 
  
  
 TN/S/O/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 Limitations on  National Treatment Additional 
Commitments 
(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. 
  
 
(m) Voice mail services 
 (7523**) 1) None except service providers must use 
 Public Telecom Network under 
 Government National Authority 
2) Unbound 3) Subject to license by the appropriate 
 regulatory authority and Brunei 
 Darussalam’s Companies’ Act. 4) Unbound except as indicated in the 
 horizontal section. 
 1) Unbound 
 
 
2) Unbound 3) None except as indica ted in the horizontal 
 section 
 4) Unbound except as indicated in the 
 horizontal section  
3) CONSTRUCTION 
 SERVICES 
 512, 513, 514+516, 517, 
515 1) Unbound* 
2) None 
3) a The company should  be registered under 
 the office of Registrar of Companies and 
 Business Names, Attorney Generals’ 
 Chamber.  b. Foreign equity should not exceed 50%. 
 c. The company should be registered with 
 the Ministry of Development 
4) Unbound, except as indicated in the 
 horizontal section  1) Unbound* 
2) None 
3) Unbound  
 
  
 
 
4) Unbound    TN/S/O/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 Limitations 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 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 
  
  
 TN/S/O/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 Limitations on  National Treatment 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.   
 
9)  TOURISM AND  TRAVEL-RELATED 
 SERVICES 
 Hotel Lodging Services 
(CPC 64110) 
 
4 and 5 star hotels only  1) Unbound* 
2) None 3) Joint venture in which local equity  constitutes no less than 30 percent. 4) Unbound except as indicated in the  horizontal section 1) None 
2) None 
3) Unbound 
 4) Unbound except as indicated in the 
 horizontal section 
    TN/S/O/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 Limitations 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 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  TN/S/O/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.    TN/S/O/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.       
 TN/S/O/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. 
 
_______________ 
 
   TN/S/O/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.   
 TN/S/O/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.    TN/S/O/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. 
  
 TN/S/O/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. 
    
 
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