Brunei Darussalam Member profile
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Trade policy review
Latest Trade Policy Review (Report by the WTO Secretariat): WT/TPR/S/464/Rev.1
A. Import prohibitions and restrictions and import licensing
3.41.
Brunei prohibits and restricts the importation of certain products based on safety, religious, health, environmental, and economic considerations. These measures are governed by the Customs (Prohibition and Restriction on Imports and Exports) Order, 1955 and various sector‑specific legislation. During the review period, Brunei updated the list of products requiring an import licence.
3.42.
In 2016, Brunei notified to the WTO the list of sector-specific legislation dealing with import controls.[72] As of June 2024, no other notification had been submitted in this area. Brunei has not submitted its replies to the annual WTO questionnaire on import licensing procedures, nor the notifications regarding the amendments to the Customs (Prohibition and Restriction on Imports and Exports) Order, 1955. The biennial notifications on import prohibitions and controls (i.e. procedures for quantitative restrictions) were also pending.
3.43.
The list of prohibited goods under the Customs (Prohibition and Restriction on Imports and Exports) Order has remained largely unchanged since the previous Review. It comprises 11 product categories including drugs, vaccines, and eggs (Table 3.3). Additional prohibitions may apply in specific cases based on sectoral regulations, such as the ban on importing non-Halal raw meat (except pork). Source: Customs (Prohibition and Restriction on Imports and Exports) Order, 1955 (and its amendments), First Schedule. The consolidated list of prohibited goods for import can be viewed on the MOFE's website Trading Across Borders: https://tradingacrossborders.mofe.gov.bn/SitePages/import-step2.aspx.
3.44.
Brunei controls the imports of certain products through a system of (non-automatic) licences and permits. This system is based on two lists – a list of restricted goods and a list of controlled goods – that differ only in the legal instruments regulating them, according to authorities.
3.45.
The list of restricted goods includes items that require an import licence under the Customs (Prohibition and Restriction on Imports and Exports) Order, 1955, overseen by the RCED. The list comprises about 23 product categories (Table A3.3) and includes plants, live animals, sugar, salt, rice, meat, drugs, alcoholic beverages, and gambling machines. The list remains mostly unchanged from the previous Review, with a few additions made in 2017. In that year, Brunei introduced a licence requirement for importing fireworks, smoking pipes, used tyres, and e‑cigarettes (including e-liquid) and also updated the coverage for tobacco products.[73] Of the products on the list, sugar, salt, and rice are subsidized by the Government (Section 4.1) and are subject to an import licence to ensure food security and price stability in the internal market.
3.46.
Brunei also maintains a list of controlled goods that includes those requiring an import permit under sector-specific legislation. The list comprises 27 product categories, including firearms, petroleum products, live animals, vegetables, fruits, medicines, mineral water, and radioactive materials. Some of these products may also need an export permit (Table A3.4 and Section 3.2.3).
3.47.
Anyone wishing to import restricted or controlled goods, either for personal consumption or commercial purposes, must submit the corresponding import licence or permit, in addition to the other import requirements (Section 3.1.1). Import licences and permits are granted by the relevant ministries or agencies. If a product is restricted or listed as both restricted and controlled, the importation also, requires approval from the RCED.[74] Currently, almost all licences and permits (35 out of 37) can be requested through the BDNSW. Import licences are issued for a period of six months, renewable, and cannot be transferred to another importer.[75]
B. Export prohibitions and restrictions
3.58.
Brunei maintains export prohibitions and licensing requirements for certain goods, mostly based on health, economic, and environmental considerations. As with imports (Section 3.1.6), these measures are described in the Customs (Prohibition and Restriction on Imports and Exports) Order, 1955 and in various sector-specific legislations. The latter were notified to the WTO in 2016; as of June 2024, this was the only notification made by Brunei in this area since the previous Review (Section 3.1.5).
3.59.
During the review period, the list of export prohibitions remained unchanged, covering prawn refuse, copra cake, stones, gravel, and unprocessed timber products,[79] while the list of restricted goods – goods subject to an export licence – was amended in 2017. In that year, Brunei added fireworks, used tyres, smoking pipes, and e-cigarettes (including e-liquid) to this list and updated the coverage for tobacco products.[80] The export licence is authorized by the relevant ministry or agency, and also requires approval by the RCED. As of June 2024, the list of goods subject to an export licence comprised 13 product categories (Table 3.4). Source: Fourth Schedule of the Customs (Prohibition and Restriction on Imports and Exports) Order, 1955 (and its amendments). The list of restricted goods at export can be viewed on the MOFE's website Trading Across Borders: https://tradingacrossborders.mofe.gov.bn/SitePages/export-step2.aspx.
3.60.
As with imports, Brunei also maintains a list of controlled goods that require an export permit. This list comprises 12 product categories, including petroleum products, live animals, fish, timber, and various agricultural products (e.g. vegetables, fruits, eggs, and rice). When there is an overlap in the lists, such as with rice and petroleum products, the permit issuance requires approval from both the RCED and the relevant ministry or agency. Some of these products also require an import permit (Table A3.4 and Section 3.1.5).
3.61.
Exporters willing to apply for one of these licences or permits must submit their application to the corresponding ministry or agency. According to the authorities, online applications for most export licences and permits are available through the BDNSW.
WTO's environmental database (EDB)
The EDB contains environment-related measures that may qualify as QRs and therefore should be notified under the QR Decision.