Import Licensing Notification Portal

Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.

Customs and Excise Department of Brunei Darussalam has introduced Application Permit (A.P.) System only. This system is applicable for the importation and exportation on certain restricted items, under the provision of Section 28, Customs Enactment, 1984.

Other Agencies, such as Agriculture Department, Ministry of Industry and Prime Resources, Telecommunication Department and Religious Department have their own procedures, respectively to control the importation or exportation of restricted items.

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

Customs A.P. is applicable for the importation of plants.

Q3. The system applies to goods originating in and coming from which countries?

The system applies to goods imported from all countries.

Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?

No, it has not restricted the quantity or value of imports.
The primary purpose is to safeguard health, national security and morals.
No alternative method. It is not required.

Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?

Customs (Prohibition and Restriction on Imports and Exports) (Amendment) Order, 1994 & 1995 - Section 28 Customs Enactment, 1984

No, it is not subject to administrative discretion.

It is not possible to abolish the system without legislative approval.

Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):

Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?

Products under prohibition or restriction, are published in the Brunei Gazette.

Importers are required to comply with the following formalities:- - to fill in A.P. form - supporting documentation is required to be attached with every application.

The overall amount is not published. No amount is allocated for each country.
No maximum amount is allocated for each importer except on importation of beef and poultry.

Importers can contact the relevant authorities and request any exceptions.

By the issuance of certificates

Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?

Determined on a six-monthly basis; basically the A.P. is valid for a period of six months only.
Yes, it is necessary for importers to apply for a new A.P.

Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)

A.P. is subject to a time limit of six months. If it is not used, after six months it will become void.
Yes, upon request.

Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?

There is a time limit for submitting of applications for A.P.

Q6.V. What are the minimum and maximum lengths of time for processing applications?

Minimum length of time for processing applications is three working days;
Maximum length of time for processing applications is 10 working days.

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

There is no time limit.

Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

An application may be processed by one or two departments.
An importer has to approach at least two administrative organs.

Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?

If the demand for permit cannot be fully satisfied, the details of past performance may be referred, especially if the accompanying documents are insufficient.

New importers are required to submit the following documentation: - business licence - to register their company names with the Customs Department - to register their authorised staff with the Customs Department for reference as required by section 81 of the Customs Enactment 1984.

Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?

No, it is not automatically approved.

Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

No.

Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:

Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?

Prior to the importation of goods. Yes, it is possible.

Q7.b. Can a licence be granted immediately on request?

Yes for special reasons.

Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.

No.

Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

Customs Department

Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?

An application for a permit may be refused if: - he has no business licence; - his firm has not been registered; - necessary supporting document is not attached with the application.

Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?

Applicant should not be below 18 years of age.
Persons - be domiciled in Brunei - working in Brunei and have a business licence.

Fees - There is a fee for business licence registration. Customs A.P. is free of charge.

There is no published list of authorized importers.

Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?

Information required in applications: - A.P. form must be approved by the Controller of Customs; - to fill in Customs Import Declaration; - sales Invoice must be submitted together

Q11. What documents are required upon actual importation?

Invoices; customs import declarations.

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

Customs A.P. is free of charge.

Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.

No advance payment is required.

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

Six months. The validity can be extended by submitting an application letter.

Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?

No.

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

No, not transferable

Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?

Time period of not more than six months after the date of issuance.

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

Inspection by relevant authorities

Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?

Yes. Formalities - Individual importer can contact his own local banker.

Plants

Outline of Systems

Purposes and Coverage of Licensing