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LOWTAX OFFSHORE

BRUNEI: COUNTRY AND FOREIGN INVESTMENT REGIME


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BACK TO BRUNEI INFORMATION: BUSINESS, TAXATION AND OFFSHORE

On this Page:

- BRUNEI GEOGRAPHY
- BRUNEI POPULATION LANGUAGE AND CULTURE
- BRUNEI GOVERNMENT
- BRUNEI ECONOMY AND CURRENCY
- BRUNEI INTERNATIONAL FINANCIAL CENTRE
- BRUNEI ENTRY AND RESIDENCE
- BRUNEI BUSINESS ENVIRONMENT
- BRUNEI FOREIGN INVESTMENT REGIME


Brunei Geography

The Islamic Sultanate of Brunei Darussalam lies on the north-western coast of the island of Borneo bordering the South China Sea and Malaysia, with a total land area of 5,769 square kilometers. Brunei is close to vital sea lanes running through the South China Sea linking the Indian and Pacific Oceans.

Brunei Darussalam is known as “The Abode of Peace” and is renowned for its beautiful landscape. The climate is tropical. The capital is Bandar Seri Begawan and there are 4 administrative districts: Belait, Brunei and Muara, Temburong, Tutong. The port town is Muara and the oil producing areas are Seria and Kuala Belait.

A flat coastal plain rises to mountains in the east; in the west there is hilly lowland. The country consists of two parts physically separated by a finger of Malaysian territory. 97% of the population lives in the larger western part, and only about 10,000 live in the mountainous eastern part, the district of Temburong.

Brunei's major natural resources are petroleum, natural gas and timber.

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Brunei Population, Language and Culture

Brunei was trading with China during the 6th century, and, through allegiance to the Javanese Majapahit kingdom (13th to 15th century), it came under Hindu influence. In the early 15th century, with the decline of the Majapahit kingdom and widespread conversion to Islam, Brunei became an independent sultanate. It was a powerful state from the 16th to the 19th century, ruling over the northern part of Borneo and adjacent island chains.

In 1888, Brunei became a British protectorate. Japan occupied Brunei during World War II; it was liberated by Australia in 1945. The same family has ruled Brunei for over six centuries. The sultan regained control over internal affairs in 1959, but Britain retained responsibility for the state's defense and foreign affairs until 1984, when the sultanate became fully independent.

The population was estimated at 374,577 in July, 2007. It is 67% Malay, 15% Chinese, 6% indigenous and 12% other.

The official religion is Islamic. 67% of the population are Muslim, 13% Buddhist, and 10% Christian.

Malay is the official language; English and Chinese are also spoken.

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Brunei Government

Brunei is a constitutional sultanate. The Sultan and Prime Minister is Sir Hassnal Bolkiah (since 5 October 1967). In Aug. 1998, Oxford-educated Prince Al-Muhtadee Billah was inaugurated as heir to the Sultan.

There is a Council of Cabinet Ministers which is appointed and presided over by the monarch.

Civil law is based on English common law; for Muslims, Islamic Shari'a law supersedes civil law in a number of areas. There is a Supreme Court (the chief justice and judges are sworn in by the monarch for three-year terms).

All members of the (Brunei) Court of Appeal are distinguished Commonwealth Judges. Final civil appeals are (by consent) to the Privy Council in London.

The Legislative Council met on 25 September 2004 for first time in 20 years with 21 members appointed by the Sultan; it passed constitutional amendments calling for a 45-seat council with 15 elected members. The Sultan dissolved council on 1 September 2005 and appointed a new council with 29 members as of 2 September 2005.

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Brunei Economy and Currency

Brunei has for many years been a significant player in the ASEAN region. Its very strong ties with the United Kingdom, Singapore and regional countries have led to the build-up of considerable commercial activity. The economy has been dominated by the oil and liquefied natural gas industries and Government expenditure patterns. Crude oil and natural gas production account for nearly half of GDP.

Brunei Darussalam’s exports consist of three major commodities, namely: crude oil, petroleum products and liquefied natural gas. Exports are destined mainly for Japan, Korea and ASEAN countries.

GDP at purchasing power parity was $9.557 billion in 2006, and GDP per head at purchasing power parity in 2005 was $25,600 - on a par with the GDP of the EU prior to enlargement. Unemployment in 2003 was 3.2%; growth was also 3.2%.

Revenues in 2003 were $3.765 billion against expenditure of $4.5 billion.

While economic growth has been slow in recent years, it is expected to strengthen. According to the International Monetary Fund, growth was expected to reach 3.75% percent in 2006 and 2.5% percent in 2007 as capacity in the energy sector is restored and the non-oil sector continues to benefit from a stable macroeconomic environment and high energy-related income flows.

The currency is the Bruneian dollar, whose value has held steady against the US dollar in recent years. In 2004 1 Bruneian dollar was worth 1.6902 US dollars.

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Brunei The International Financial Centre

In 2000, Brunei instituted a tax-privileged International Financial Centre.

Prior to formal establishment of the IFC in July, 2000, Brunei was already a busy commercial centre, as witness the existing active presences in the banking sector of HSBC, Standard Chartered, Citibank, Overseas Union Bank, RHB, Maybank, Baiduri Bank, Islamic Bank of Brunei Berhad, Islamic Development Bank of Brunei and The Brunei Islamic Trust Fund.

Brunei intends to deploy its sovereignty, wealth and human resources in a conservative but assertive manner. Brunei IFC offers a range of international legislation carefully crafted to permit flexible, cost effective capabilities which are right up-to-date. Such capabilities will include the full range of facilities necessary for the efficient conduct of global business. There will be regular liaison with regulatory bodies internationally.

Accordingly, Brunei will be a "dual jurisdiction", whereby the international legislation offers "offshore" facilities, alongside the usual range of "domestic" legislation drawn from that of England and Wales. The jurisdictional distinction is thus jurisprudential rather than physical and the judicial system will be common to both domestic and international law.

The first tranche of IFC legislation included Money-Laundering and Criminal Conduct (Recovery of Proceeds) measures implemented to international standards. Severe Drug Trafficking legislation has been in place for some time. Moreover, meaningful and enforceable regulation of the Trust, Company Administration, Securities, Insurance and Banking industries was legislated for and established before these activities commenced. From the outset onwards Brunei IFC is in this regard fully committed.

See other sections for descriptions of the commercial basis of the IFC, its regulatory structure and its corporate forms.

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Brunei Entry and Residence

Nationals of Austria, Germany, Malaysia, The Netherlands, New Zealand, Sultanate of Oman, Singapore, South Korea, the United Kingdon and the UAE are exempted from the requirement to obtain a visa for visits not exceeding 30 days.

Visas are also waived for visits of not more than 14 days for nationals of Belgium, Canada, the Czech Republic, Denmark, France, Hungary, Indonesia, Italy, Japan, Laos, Luxembourg, Republic of Maldives, Norway, Peru, Poland, The Philippines, Slovakia, Spain, Sweden, Switzerland, Thailand and The Principality of Liechtenstein.

Nationals of Australia and Qatar are issued visa on arrival upon their arrivals at the Brunei International Airport only for visits not exceeding 30 and 14 days respectively.

All other nationals entering Brunei Darussalam must have visas obtainable from any Brunei Darussalam diplomatic mission abroad.

Persons entering Brunei Darussalam to take up employment must arrange with their employers to obtain employment passes prior to their arrival. Their spouses and children under 18 years of age of pass holders are required to obtain dependents' passes.

Every foreigner who intends to work in Brunei Darussalam must have a valid Employment Visa authorised by the Department of Immigration and National Registration and is issued at the Brunei Embassy or High Commisioner.

Maximum length of the validity of an employment visa is 3 months. Processing takes 7 working days and costs B$15.00.

The employer must have a quota license from the Labour Department and needs an approval letter from the work pass section of the Immigration and National Registration Department. The worker should have a valid passport/travel document recognised by the Brunei Director of Immigration and National Registration. The passport must have a validity of 6 months before entering the country.

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Brunei Business Environment

The country is now in a new phase of development in its drive towards economic diversification and maturity. Per capita GDP is far above most other Third World countries, and substantial income from overseas investment supplements income from domestic production. The government provides for all medical services and free education through the university level and subsidizes rice and housing.

Brunei's leaders are concerned that steadily increased integration in the world economy will undermine internal social cohesion, although it became a more prominent player by serving as chairman for the 2000 APEC (Asian Pacific Economic Cooperation) forum.

Plans for the future include upgrading the labor force, reducing unemployment, strengthening the banking and tourist sectors, and, in general, further widening the economic base beyond oil and gas. This small, well-to-do economy encompasses a mixture of foreign and domestic entrepreneurship, government regulation, welfare measures, and village tradition.

Generally speaking, there is no restriction on the types of businesses that may be set up. However, businesses where the public interest is directly affected such as banks, finance companies, motor vehicle insurers, money lenders and travel agents must obtain special licences from the appropriate Government agency.

Lawyers, auditors, doctors and other professionals also have to be approved by the Government. A full range of accounting and legal services is also available with many law firms and major accounting firms having significant presences in Brunei.

Foreign land ownership is not allowed in Brunei Darussalam except with prior approval in writing of His Majesty in Council.

Industrial policies including manpower, ownership, government support and facilities remain open and flexible for all categories of industrial activities. Brunei Darussalam maintains a realistic approach where a variety of arrangements are feasible. Policies relating to ownership allow for full foreign ownership, majority foreign ownership and minority foreign ownership, as per the type of industry and situation.

Brunei Darussalam offers vast land and a variety of facilities throughout all four districts of the country. The majority of the 12 industrial sites presently developed are ready and available for occupation. Large expanses for agroforestry and aquaculture are also available. Rental terms and tenancy agreements are competitive and the sites offer a range of facilities, infrastructure and resources.

Brunei Darussalam gives priority to ensuring the stability of the natural environment. As such, all sites are free from pollution and are ecologically well balanced. The Government philosophy is for sustainable development. Therefore, all polluting industries are banned and one of the continuing criteria for engaging any industry's participation is the impact on the environment.

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Brunei The Foreign Investment Regime

Brunei Darussalam welcomes foreign investment. Foreign investors are invited to actively participate in the current economic diversification programme of the country. The programme hinges on the development of the private sector. The Ministry of Industry and Primary Resources was formed in 1989 with the responsibility of promoting and facilitating industrial development in Brunei Darussalam. Brunei Darussalam offers all investors security, stability, continuity, confidence and competitiveness.

Competitive investment incentives are ready and available for investors throughout the business cycle of start up, growth, maturity and expansion. The Investment Incentive Act which was enacted in 1975 provides tax advantages at start up and ongoing incentives throughout growth and expansion that are comparable if not better than those offered by other countries in the region.

The Investment Incentives Act makes provision for encouraging the establishment and development of industrial and other economic enterprises, for economic expansion and incidental purposes.

Investment incentive benefits vary from one program to other. Amongst the benefits are:

  • Exemption from income tax;
  • Exemption from taxes on imported duties on machinery, equipment, component parts, accessories or building structures;
  • Exemption from taxes on imported raw material not available or produced in Brunei Darussalam intended for the production of the pioneer products;
  • Carry forward losses and allowances.

This Act provides tax relief for a company which is granted pioneer status.

  • Companies awarded pioneer status are exempted from corporate tax, tax import of raw materials and capital goods for a period ranging from 2 to 5 years, depending on fixed capital expenditure with possible extension at the discretion of the relevant authorities.
  • Enterprises which are given expansion certificates are given tax relief for a period between 3 to 5 years.
  • Approved foreign loans can be exempted from paying the 20% withholding tax for interest paid to non-resident lenders.

Brunei Darussalam is flexible towards foreign equity requirements. 100% foreign equity can be considered for export-oriented industries with the exception of industries based on local resources, industries related to national food security and car dealership whereby some level of local participation is required.

Industrial activities are classified into four categories:

  • Industries related to national food security
  • Industries for local market
  • Industries based on local resources
  • Industries for export market

Industrial policies including manpower, ownership, government support and facilities remain open and flexible for all categories of industrial activities. Brunei Darussalam maintains a realistic approach where a variety of arrangements are feasible. Policies relating to ownership allow for full foreign ownership, majority foreign ownership and minority foreign ownership, as per the type of industry and situation.

Only activities relating to national food security and those based on local resources require some level of local participation. Industries for the local market not related to national food security and industries for total export can be totally foreign owned. Overall, in Brunei Darussalam, any industrial enterprise will be considered.

Brunei Darussalam offers vast land and a variety of facilities throughout all four districts of the country. The majority of the 12 industrial sites presently developed are ready and available for occupation. Large expanses for agro-forestry and aquaculture are also available. Rental terms and tenancy agreements are competitive and the sites offer a range of facilities, infrastructure and resources. Brunei Darussalam gives priority to ensuring the stability of the natural environment.

As such, all sites are free from pollution and are ecologically well balanced. The Government philosophy is for sustainable development. Therefore, all polluting industries are banned and one of the continuing criteria for engaging any industry's participation is the impact on the environment.

As the focal point for all industrial development, the Ministry of Industry and Primary Resources coordinates all industrial development activities.

The Ministry realizes the importance of time frames and clear decision making processes to your business. The entire procedure has only four stages:-

Approval of the concept
Approval of firm proposal
Approval of physical plans
Approval to operate

In all four stages, the Ministry of Industry and Primary Resources is the investor's contact as a One-Stop Agency.

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