Brunei

Compliance/Financial Considerations

If you intend to do any of the following in Brunei, please contact Risk Services at risk@berkeley.edu or 642-5141:

  • Hire a local to work for you as an employee
  • Purchase or lease office or research space
  • Purchase or lease an automobile
  • Establish a long-term (over 90 days) or ongoing project
  • Conduct a clinical trial 

U.S. GOVERNMENT COMPLIANCE CONSIDERATIONS 

Foreign activities may trigger many U.S. laws, including:

  • Import Controls
  • Export Controls
  • Tax Reporting
  • Foreign Bank Account Reporting
  • Country Embargoes and Targeted Sanctions
  • Foreign Corrupt Practices Act
  • Anti-Boycott Laws 

Import Controls. UC employees must adhere to U.S. import requirements, and may need to enlist the services of a customs broker, especially for shipments arriving by sea and subject to the Importer Security Filing 71730, also known as ISF 10+2. 

Export Controls. Export controls may apply to advanced software and technology, research data, and other sensitive assets. UC’s Export Compliance FAQ contains useful information and can be found here.  Go here for the University of California plan for compliance with federal export controls. If you plan on taking or sending potentially export-controlled materials to Brunei, consult the campus Research Administration Compliance Office at 642-0120. 

Tax Reporting. The University and its employees may be taxed in foreign countries. The United States does not have a tax treaty with Brunei. For more information about double taxation issues, contact the Controller’s Office at:

Foreign Bank Account Reporting. The U.S. Treasury Department requires U.S. citizens with a financial interest in or signatory authority over a financial account in a foreign country, where accounts exceed $10,000 at any point during a calendar year, to report such accounts on a Report of Foreign Bank and Financial Accounts (FinCen Report 114). Those needing to complete the form should contact the Controller’s Office at cashiers@berkeley.edu or 643-9803 for assistance. An IRS 1040 Schedule B form (Part III–Foreign Accounts and Trusts) must be filed by the signatory for any foreign bank account, regardless of the account balance. 

Country Embargoes and Targeted Sanctions. In general, collaborations between University personnel and scholars at foreign institutions or organizations do not require export licenses unless they involve export-controlled or -restricted research or involve scholars in sanctioned countries. Before engaging in an international collaboration, the University needs to determine whether export licenses are required and to verify that the foreign collaborator is not blocked or sanctioned. The Office of Foreign Assets Control (OFAC) is responsible for enforcing all U.S. embargoes and sanctions. Depending on each country’s embargo or sanction program, activities may be prohibited without specific authorization or license. UC’s International Collaborations webpage contains additional information on this topic.   

The Foreign Corrupt Practices Act (FCPA) is intended to stop bribery. It prohibits offering to pay, paying, promising to pay, or authorizing the payment of money or anything of value to a foreign official. The term “foreign official” generally includes any employee or contractor of a foreign government, and may include individuals employed by foreign universities. It is also unlawful to make a payment to a third party knowing that all or part of the payment will go to a foreign official. For more information, review the federal government’s Resource Guide to the U.S. Foreign Corrupt Practices Act. If you need further clarification, contact the UC Berkeley Office of Legal Affairs at 642-7122. Transparency International’s 2018 survey of perceived public sector corruption rated Brunei at 63 out of 100 (31st out of 180 countries reviewed, i.e. relatively clean).

Anti-Boycott Laws.  The U.S. Department of Commerce is responsible for oversight of laws prohibiting individuals and entities from participating in boycotts not approved or sanctioned by the U.S. government. The Export Administration Act requires that requests to participate in such boycotts or to conduct activities in any of the boycotting countries be formally reported to the Department of Commerce and/or IRS.

For other compliance-related issues, refer to UC’s International Compliance webpage.   

ADDITIONAL CONSIDERATIONS FOR DOING BUSINESS INTERNATIONALLY

Foreign Bank Accounts. Employees wishing to open a foreign bank account should contact the Controller’s Office at cashiers@berkeley.edu or 643-9803. Requests to open accounts must be made through the Office of the President’s Banking and Treasury Services Group by the Chancellor or the Chancellor’s designee. 

Real Estate Agreements. Only employees with delegated authority to sign contracts on behalf of The Regents may enter into agreements, leases, or other contracts.  Foreign affiliates or operations must submit to the Real Estate Services Office property management agreements, personal property leases, or contracts with a term longer than one year or in an amount greater than $25,000 per year. The campus then seeks approval from the University president or designee. For more information, consult the Guidelines for the Establishment and Operation of Foreign Affiliate Organizations and Foreign Operations

Articles

The US State Department's page on BRUNEI may be found HERE.

Personal Safety

AS OF NOVEMBER 1, BRUNEI CONTINUES TO ENFORCE RESTRICTIONS TO STEM THE SPREAD OF CORONAVIRUS DISEASE (COVID-19) AMID THE CONTINUED EASING OF CONTROLS. MASS GATHERINGS CAN INVOLVE UP TO 350 PEOPLE. TRADE FAIRS CAN OCCUR WITH PROTOCOLS, SUCH AS REQUIRING WORKERS TO WEAR MASKS, SPACING BOOTHS AT LEAST THREE METERS APART AND BANNING ENTRY FOR PEOPLE SHOWING FLU-LIKE SYMPTOMS.MOST FOREIGN NATIONALS, INCLUDING LONG-TERM PASS HOLDERS, REMAIN BANNED FROM ENTERING OR TRANSITING BRUNEI. EXISTING TRAVEL, STUDENT, AND DEPENDENT VISAS REMAIN SUSPENDED, WITH LIMITED EXCEPTIONS. PEOPLE WHO CAN ENTER BRUNEI MUST TEST FOR COVID-19 BEFORE TRAVELING AND  UPON ARRIVAL. ARRIVALS MUST QUARANTINE BETWEEN 2-14 DAYS AT GOVERNMENT-DESIGNATED FACILITIES, DEPENDING ON THE RISK LEVEL OF THE COUNTRY OF DEPARTURE. TRAVELERS CAN LEAVE THE ISOLATION SITES UPON TESTING NEGATIVE FOR COVID-19.  

Note: this page contains basic risk information. For more details, please contact the Risk Services Office at risk@berkeley.edu.

If you are traveling to Brunei on University-related business, please sign up for the University’s travel insurance program by going here. For more information on the travel insurance program, please go here.

Because everyone’s health is unique, we suggest seeking the advice of a medical professional before traveling internationally. Members of the campus community interested in protecting their health while abroad may schedule an appointment with the University Health Services International Travel Clinic. 

Protests rarely occur in Brunei Darussalam and seldom devolve into violence. Most demonstrations are related to social issues. Rallies rarely cause transportation delays.

Nonviolent crime poses a low threat to foreign nationals, expatriates, and local staff. Nonviolent crimes typically include petty thefts, residential, or vehicle burglaries. Thieves typically target purses, bags, wallets, smartphones, and other electronic devices. Overall, the threat of violent crime in Brunei is minimal. Firearms are illegal. 

Gender-based violence and/or discrimination poses a low threat to foreign nationals, expatriates, and local staff in Brunei. 

Anti-LGBT violence does systemically occur in Brunei. The threat to members of the LGBT community in Brunei is extreme. Homosexual activity is illegal in the country. Under Sharia, punishment for those convicted include long-term imprisonment or the death penalty. 

Legal/Political

Criminal Penalties: You are subject to local laws. If you violate local laws, even unknowingly, you may be subject to penalties as prescribed by local laws. Brunei’s civil penal code and Syariah Penal Code (commonly known as the sharia law) operate in parallel, and both include provisions for corporal and capital punishments. 

  • Criminal penalties for some offenses are harsher than in the United States, including for some acts that are not crimes in the United States. As of April 3, 2019, the Syariah Penal Code introduced new judicial procedures and punishments, including, for certain offenses and under certain evidentiary circumstances, amputation of hands or feet and death by stoning. The Syariah Penal Code applies regardless of an individual’s religion or nationality, although some sections of the law have specific applicability to Muslims.
  • Brunei adheres to conservative Islamic social values, and U.S. citizens are advised to learn and respect local customs and traditions.
  • Any public criticism of the Sultan or other members of the Royal Family, Syariah Law, or Islam is illegal and punishable under Bruneian law.
  • Under Brunei’s Syariah Penal Code, it is also an offense to consume any food, drink, or tobacco in public during the fasting hours of Ramadan.
  • Gambling is illegal in Brunei.
  • Prostitution and pornography are illegal and can result in harsh punishments.
  • Non-Muslims may be arrested for khalwat (close proximity between the sexes) under the Syariah Penal Code provided that the other accused party is Muslim. Khalwat may include activities from holding hands or public displays of affection to sexual activity. U.S. citizens are also subject to khalwat laws.
  • Extramarital sexual relations between a Muslim and non-Muslim are considered a crime in Brunei and may lead to severe punishment.
  • You should consult a guide book or other travel information on Brunei for more information about respecting local cultural norms.
  • Alcohol cannot be purchased legally in Brunei. However, two liters of spirits/wine and 12 cans of beer may be imported by non-Muslim adults for personal consumption in private.
  • Importation of firearms and ammunition is prohibited. The illegal possession of firearms or explosives and drug use/possession carry severe penalties, including the possibility of the death penalty.

Arrest Notification:                                                                   

  • If you are arrested or detained, ask police or prison officials to notify the U.S. Embassy immediately.
  • The Royal Brunei Police Force is generally professional and courteous. Most officers speak English but some, especially from the reserve units, have limited-to-no English speaking capability.
  • You should carry a copy of your passport with you as you will need to produce proof of your identity should an incident occur.

Dual Nationality: Brunei does not recognize or permit dual nationality. Brunei nationals are expected to enter and exit the country on their Brunei passports. Should Brunei authorities learn that a person is a dual national, they may require immediate renunciation of the citizenship of either the other nation or Brunei.

Customs Regulations: Brunei customs authorities enforce strict import/export regulations. 

LGBTI Travelers: LGBTI sex acts are criminalized in Brunei under Civil Law and also under the Syariah Penal Code.

  • As of April 3, 2019, possible penalties for LGBT acts under the Syariah Penal Code include fines, imprisonment, caning, and death by stoning.
  • Under the civil penal code, possible punishments include a fine and up to 10 years in prison.
  • Further information may be available from the Embassy of Brunei Darussalam in Washington, D.C.