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Anti Corruption Laws

Prevention of Corruption Act, 1982

(Adopted on 1st January 1982, Revised Edition 2002)

Part I Preliminary

1. Citation

This Act may be cited as the Prevention of Corruption Act.

2. Interpretation.

In this Act, unless the context otherwise requires —

“agent” means any person employed by or acting for another, and includes a trustee, administrator and executor, and a person serving under any public body, and for the purposes of section 26 includes a sub-contractor and any person employed by or acting for such sub-contractor;

“Bureau” means the Anti-Corruption Bureau;

“Director” means the Director of the Anti-Corruption Bureau;

“Gratification” includes —

(a) Money or any gift, loan, fee, reward, valuable security or other property or interest in property of any description, whether movable or immovable;

(b) Any office, dignity, employment, contract or services and any agreement to give employment or render services in any capacity;

(c) Any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part;

(d) Any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage;

(e) Any forbearance to demand any money or money’s worth or valuable thing;

(f) any aid, vote, consent or influence or pretended aid, vote, consent, or influence, and any promise or procurement of, or agreement or Endeavour to procure, or the holding out of any expectation of, any gift, loan, fee, reward, consideration or gratification within the meaning of this paragraph;

(g) any other service, favor or advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and

(h) Any offer, undertaking or promise of any gratification within the meaning of paragraphs (a) to (g);

“Officer of the Bureau” means any person appointed by His Majesty under subsection (3) of section 3 and includes the Director, Deputy Director, and Assistant Director, a Chief Special Investigator, Senior Special Investigator and Special Investigator;

“Prescribed offence” means an offence punishable under sections 161, 162, 163, 164, 165, 213, 214, or 215 of the Penal Code (Chapter 22) or section 128 of the Customs Act (Chapter 36) and includes —

(a) An attempt to commit any such offence;

(b) An abetment of or a criminal conspiracy to commit (as those terms are defined in the Penal Code (Chapter 22)) any such offence, whether or not the offence is committed in consequence thereof;

“Principal” includes any employer, any beneficiary under a trust, and any trust estate (as though it were a person), any person beneficially interested in the estate of a deceased person (as though it were a person) and, in the case of any person serving under a public body, the public body;

“Public body” includes —

(a) The Government of Brunei Darussalam;

(b) Any department, service or undertaking of the Government of Brunei Darussalam;

(c) any corporation, council, board, commissioners or other body which has power to act under and for the purpose of any written law in force in Brunei Darussalam or any part thereof relating to local Government, public health or undertakings of public utility, or otherwise has power to administer funds belonging to the Government or money raised by rates, taxes or charges in pursuance of any written law in force in Brunei Darussalam;

(d) Any board, commissioners, committee or other body specified in the Schedule;

“Public officer” includes any person in the permanent or temporary employment of a public body.

3. Appointment of Director and Officers.

(1) His Majesty the Sultan and Yang Di-Pertuan may appoint a Director who, subject to the orders and control of His Majesty, shall be responsible for the direction and administration of the Bureau.

(2) The Director shall not be subject to the direction or control of any person other than His Majesty.

(3) His Majesty may appoint a Deputy Director of the Bureau, an Assistant Director, a Chief Special Investigator, Senior Special Investigators and such other officers of the Anti-Corruption Bureau as His Majesty may deem fit.

(4) If the office of the Director is vacant or the Director is absent from duty, the Deputy Director shall, save where His Majesty otherwise directs, act as Director.

(5) If both the Director and the Deputy Director are absent from duty, His Majesty may appoint another person to act as Director during that absence.

  1. Officers of the Bureau to be deemed to be public servants.

(1) All officers of the Anti-Corruption Bureau shall be deemed to be public servants within the meaning of the Penal Code (Chapter 22).

(2) A certificate of appointment signed by the Director shall be issued to every officer of the Anti-Corruption Bureau and shall be evidence of his appointment under this Act.

  1. Punishment of corruption.

Any person who shall by himself or by or in conjunction with any other person —

(a) Corruptly solicit or receive or agree to receive for himself or for any other person; or

(b) Corruptly give, promise or offer to any person whether for the benefit of that person or of another person, any gratification as an inducement to or reward for, or otherwise on account of —

(i) Any person doing or forbearing to do anything in respect of any matter or transaction whatsoever actual or proposed or likely to take place;

(ii) any member, officer, or servant of a public body doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed or likely to take place, in which the public body is concerned, shall be guilty of an offence: Penalty, a fine of $30,000 and imprisonment for 7 years.

  1. Punishment of corrupt transaction with agents.

If —

(a) any agent corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favor or disfavor to any person in relation to his principal’s affairs or business;

(b) any person corruptly gives or agrees to give or offers any gratification to any agent as an inducement or reward for doing or forbearing to do, or for having done or forborne to do any act in relation to his principal’s affairs or business, or for showing or forbearing to show favor or disfavor to any person in relation to his principal’s affairs or business; or

(c) any person knowingly gives to an agent, or if an agent knowingly uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal, he shall be guilty of an offence: Penalty, a fine of $30,000 and to imprisonment for 7 years.

  1. Increase of maximum penalty in certain cases.

(1) A person convicted of an offence under section 5 or 6 shall, where the matter or transaction in relation to which the offence was committed was a contract or a proposal for a contract with any public body, or a sub-contract to execute work comprised in such a contract, be liable to a fine of $30,000 and to imprisonment for 10 years.

Offences taken into consideration.

(2) Where a person charged with 2 or more offences for the acceptance of gratification in contravention of this Act is convicted of one or some of those offences, and the other outstanding offences are taken into consideration by the court for the purpose of passing sentence, the court may increase the penalty mentioned in subsection (1) by an amount not exceeding the total amount or value of the gratification specified in the charges for the offences so taken into consideration.

8 Acceptor of gratification to be guilty notwithstanding that purpose not carried out etc.

(1) Where in any proceedings against any agent for any offence under section 6(a) it is proved that he accepted, obtained or agreed to accept or attempted to obtain any gratification having reason to believe or suspect that the gratification was offered as an inducement or reward for his doing or forbearing to do any act or for showing or forbearing to show any favor or disfavor to any person in relation to his principal’s affairs or business he shall be guilty of an offence under that section notwithstanding that he did not have the power, right or opportunity so to do, show or forbear or that he accepted the gratification without intending so to do, show or forbear or that the act, favor or disfavor was not in relation to his principal’s affairs or business.

(2) Where in any proceedings against any person for any offence under section 6(b) it is proved that he give, agreed to give or offered any gratification to any agent as an inducement or reward for doing or forbearing to do any act or for showing or forbearing to show any favor or disfavor to any person having reason to believe or suspect that the agent had the power, right or opportunity so to do, show or forbear and that the act, favor or disfavor was in relation to his principal’s affairs or business he shall be guilty of an offence under that section notwithstanding that the agent had no power, right or opportunity or that the act, favor or disfavor was not in relation to his principal’s affairs or business.

  1. Corruptly procuring withdrawal of tenders.

A person —

(a) who, with intent to obtain from any public body a contract for performing any work, providing any service, doing anything, or supplying any article, material or substance, offers any gratification to any person who has made a tender for the contract, as an inducement or a reward for his withdrawing the tender; or

(b) Who solicits or accepts any gratification as an inducement or a reward for his withdrawing a tender made by him for such contract, shall be guilty of an offence: Penalty, a fine of $30,000 and imprisonment for 7 years.

  1. Bribery of member of legislature.

Any person who offers to a member of the Legislative Council, the Council of Ministers or the Privy Council, or, being a member thereof solicits or accepts, any gratification as an inducement or reward for his doing or forbearing to do any act or for showing or forbearing to show any favor or disfavor in his capacity as member, shall, notwithstanding that the member did not have the power, right or opportunity so to do, show or forbear, or that he did not in fact so do, show or forbear, or that the inducement or reward was not in relation to the affairs of the Legislative Council, the Council of Ministers or the Privy Council, as the case may be, be guilty of an offence: Penalty, a fine of $30,000 and imprisonment for 7 years.

  1. Bribery of member of public body.

Any person who offers to a member of any public body, or being a member of any public body solicits or accepts any gratification as an inducement or reward for —

(a) The member voting or abstaining from voting at any meeting of the public body in favor of or against any measure, resolution or question submitted to the public body;

(b) the member performing, or abstaining from performing, or aiding in procuring, expediting, delaying, hindering or preventing the performance of, any official act;

(c) The member aiding in procuring or preventing the passing of any vote or the granting of any contract or advantage in favor of any person; or

(d) the member showing or forbearing to show any favor or disfavor in his capacity as a member, shall notwithstanding that the member did not have the power, right or opportunity so to do, show or forbear, or that the inducement or reward was not in relation to the affairs of the public body, be guilty of an offence:

Penalty, a fine of $30,000 and imprisonment for 7 years.

  1. Possession of unexplained property.

(1) Any person who, being or having been a public officer —

(a) Maintains a standard of living above that which is commensurate with his present or past emoluments; or

(b) is in control of pecuniary resources or property disproportionate to his present or past emoluments, shall, unless he gives a satisfactory explanation to the court as to how he was able to maintain such a standard of living or how such pecuniary resources or property came under his control, be guilty of an offence: Penalty, a fine of $30,000 and imprisonment for 7 years.

(2) In addition to any penalty imposed under subsection (1) the court may order a person convicted of an offence under subsection (1) to pay to the Government —

(a) A sum not exceeding the amount of the pecuniary resources; or

(b) A sum not exceeding the value of the property, the acquisition of which by him was not explained to the satisfaction of the court and any such sum ordered to be paid shall be recoverable as a fine.

(3) Where a court is satisfied in proceedings for an offence under subsection (1) that, having regard to the closeness of his relationship to the accused and to other relevant circumstances, there is reason to believe that any person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused, or acquired such pecuniary resources or property as a gift, or loan without adequate consideration from the accused, such pecuniary resources or property shall until the contrary is proved, be deemed to have been under the control or in the possession of the accused.

(4) In any proceedings against a person for an offence under subsection (1), a certificate purporting —

(a) To certify —

(I) the rate of, and the total amount of emoluments and the allowances other than such emoluments, paid to any public officer in the permanent or temporary employment of the Government of Brunei Darussalam in relation to the discharge by him of his duties as a public officer;

(ii) that any person was or was not serving at any specified time during any specified period as a public officer in the permanent or temporary employment of the Government of Brunei Darussalam or ceased to be such officer at or before any specified time;

(iii) That a public officer held or did not hold at any specified time any specified office in the Government of Brunei Darussalam; and

(b) To be signed by the Minister, shall be admitted in such proceedings by any court on its production without further proof.

(5) On production of a certificate under subsection (4) the court before which it is produced shall until the contrary is proved, presume —

(a) That the facts stated therein are true; and

(b) That the certificate was signed by the Minister.

(6) In this section —

“public officer” includes a member of the Royal Brunei Police Force, the Royal Brunei Armed Forces and any armed force of Brunei Darussalam and includes a person who was a public officer or who has retired as a public officer immediately before the commencement of this Act;

“Emoluments” includes a pension or gratuity payable under the Pensions Act (Chapter 38).

  1. Abetment of offences.

Whoever abets, within the meaning of the Penal Code (Chapter 22) —

(a) The commission of an offence under this Act; or

(b) the commission outside Brunei Darussalam of any act, in relation to the affairs or business or on behalf of a principal residing in Brunei Darussalam, which if committed in Brunei Darussalam would be an offence under this Act, shall be deemed to have committed the offence and shall be liable on conviction to be punished with the punishment provided for such offence.

  1. Attempts.

Whoever attempts to commit an offence punishable under this Act shall be deemed to have committed the offence and shall be liable on conviction to be punished with the punishment provided for such offence.

  1. Conspiracy.

Whoever is a party to a criminal conspiracy, within the meaning of the Penal Code (Chapter 22), to commit an offence under this Act shall be deemed to have committed the offence and shall be liable on conviction to be punished with the punishment provided for such offence.

  1. Duty of public officer to whom a gratification is given or offered.

A member of the Legislative Council, the Council of Ministers, the Privy Council, a member of a public body or a public officer to whom any gratification is corruptly given promised or offered shall at the earliest possible opportunity thereafter report the gift, promise or offer, together with the name, if known, of the person who gives promise or offers the gratification to him, to the nearest Officer of the Bureau and if he fails to do so without reasonable excuse he shall be guilty of an offence: Penalty, a fine of $500 and imprisonment for 6 months.

  1. When penalty to be imposed in addition to other punishment.

Where a court convicts any person of an offence committed by the acceptance of any gratification in contravention of any provision of this Act, then, if that gratification is a sum of money or if the value of that gratification can be assessed, the court shall, in addition to imposing on that person any other punishment, order him to pay as a penalty, within the time and to the body and in the manner specified in the order, a sum which is equal to the amount of that gratification or is, in the opinion of the court, the value of that gratification, and any such penalty shall be recoverable as a fine.

  1. Power of arrest.

(1) Any Officer of the Bureau may without a warrant arrest any person who has been concerned in any offence under this Act or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists to his having been so concerned.

(2) Any Officer of the Bureau arresting a person under subsection (1) of this section may search such person and take possession of all articles found upon him which there is reason to believe were the fruits or other evidence of the crime, provided that no female shall be searched except by a female.

(3) Every person so arrested shall be taken to the Anti-Corruption Bureau or to a police station.

  1. Powers of investigation.

In any case relating to the commission —

(a) of an offence under section 165 or under sections 213 to 215 of the Penal Code (Chapter 22), or of any conspiracy to commit, or of any attempt to commit, or of any abetment of such an offence; or

(b) Of an offence under this Act; or

(c) Of any sizable offence under any written law which may be disclosed in the course of an investigation under this Act, an Officer of the Bureau may, without the order of the Public Prosecutor, exercise all or any of the special powers in relation to police investigations into a sizable offence given by the Criminal Procedure Code (Chapter 7):

Provided that an investigation into an offence under the Penal Code (Chapter 22) shall be deemed to be a police investigation to which the provisions of section 114 of the Criminal Procedure Code (Chapter 7) shall apply in the same manner and to the same extent as if the Officer of the Bureau concerned were a police officer.

  1. Powers of search and to obtain assistance.

(1) The Director or the Deputy Director or any police officer above the rank of Assistant Superintendent of Police and any Officer of the Bureau conducting an investigation into an offence alleged or suspected to have been committed under this Act or under sections 161 to 165 or 213 to 215 of the Penal Code (Chapter 22) —

(a) May apply to any Government officer or any other person for assistance in the exercise of his powers or the discharge of his duties under this Act;

(b) May for the purposes of such investigation, with the written consent of the Public Prosecutor and with such assistance as may be necessary, enter and search any office, registry or other room of or used by a public body:

Provided that His Majesty may by order exempt any office, registry or room from entry and search under the provisions of this paragraph.

(2) Any person who —

(a) when requested under paragraph (a) of subsection (1) to render assistance, without reasonable excuse neglects or fails to render such assistance; or

(b) Obstructs or resists the Director or the Deputy Director or any police officer or any Officer of the Bureau in the exercise of the powers of entry and search conferred by paragraph (b) of subsection (1), shall be guilty of an offence: Penalty, a fine of $20,000 and imprisonment for one year.

  1. Further powers of search and seizure.

(1) If it appears to the Public Prosecutor, or to the Director, that there is reasonable cause to believe that in any place other than an office, registry or other room of or used by a public body there is any document or thing containing any evidence of the commission of an offence under this Act or under sections 161 to 165 or 213 to 215 of the Penal Code (Chapter 22), the Public Prosecutor or the Director may, by warrant directed to any Officer of the Bureau or any police officer, empower such Officer of the Bureau or any police officer to enter such place, by force if necessary, and there to search for, seize and detain any such document or thing.

(2) Without prejudice to any other law relating to entry and search, the chambers of any advocate are not subject to entry and search under this section or any warrant issued under this section except in the course of investigation of an offence under this Act or under sections 161 to 165 or 213 to 215 of the Penal Code (Chapter 22) alleged or suspected to have been committed by that advocate, as the case may be, or by his clerk or any servant employed by him in such chambers or office.

(3) Any person who obstructed or resists the Director or any Officer of the Bureau or any police officer in the exercise of the powers of entry and search under this section shall be guilty of an offence: Penalty, a fine $20,000 and imprisonment for one year.

  1. Legal obligation to give information.

Every person required by any Officer of the Bureau or a police officer to give any information on any subject which it is the duty of such officer to inquire into under this Act or any prescribed offence and which it is in his power to give, shall be legally bound to give the information.

  1. Special powers of investigation.

(1) The Public Prosecutor or the Director, if satisfied that there are reasonable grounds for suspecting that an offence under this Act has been committed by any person, may, for the purposes of an investigation into such offence, authorize in writing any Officer of the Bureau specified in such authorization, to exercise the following powers on the production by him of the authorization —

(a) to investigate and inspect any share account, purchase account, club account, subscription account, investment account, trust account, mutual or trust fund account, expense account, bank account or other account of whatsoever kind or description, any safe-deposit box, and any banker’s books or company books, of or relating to any person named or otherwise identified in such authorization;

(b) to require from any person the production of any accounts, books, documents, safe-deposit box or other article of or relating to any person named or otherwise identified in such authorization which may be required for the purpose of such investigation and the disclosure of all or any information relating thereto, and to take copies of such accounts and books or of any relevant entry therein.

(2) Every authorization given under subsection (1) shall be deemed also to authorize the Director, Deputy Director or Officer of the Bureau specified therein to require from any person information as to whether or not at any bank, company or other place there is any account, book, document, safe-deposit box or other article liable to investigation, inspection or production under such authorization.

(3) A requirement under subsection (2) shall be made in writing and any statement therein as to the existence of the appropriate authorization under subsection (1) shall be accepted as true without further proof of the fact.

(4) Any person who, having been lawfully required under this section to disclose any information or to produce any accounts, books, documents, safe-deposit box or other article to the Director, Deputy Director or an Officer of the Bureau authorized under subsection (1), shall, notwithstanding the provisions of any other law and any oath of secrecy to the contrary, comply with such requirement, and any such person who fails or neglects, without reasonable excuse, so to do, and any person who obstructs the Director, the Deputy Director or such Officer of the Bureau in the execution of the authorization given under subsection (1), shall be guilty of an offence: Penalty, a fine of $20,000 and imprisonment for one year.

(5) Any person who falsely represents that an appropriate authorization has been given under subsection (1) shall be guilty of an offence: Penalty, a fine of $20,000 and imprisonment for one year.

23A.Special powers of investigation.

(1) In the course of any investigation into or proceedings relating to an offence alleged or suspected to have been committed by any person under this Act or under sections 161 to 165 or 213 to 215 of the Penal Code (Chapter 22) or a conspiracy to commit, or an attempt to commit, or an abetment of any such offence, the Public Prosecutor may, notwithstanding anything in any other written law to the contrary, by written notice —

(a) require any such person to furnish a statutory declaration or, as the Public Prosecutor sees fit, a statement in writing enumerating all movable or immovable property belonging to or possessed by such person and by the spouse, parents, or sons and daughters of such person, and specifying the date on which each of the properties enumerated was acquired whether by way of purchase, gift, bequest, inheritance or otherwise;

(b) require any such person to furnish a statutory declaration or, as the Public Prosecutor sees fit, a statement in writing of any money or other property sent out of Brunei Darussalam by him, his spouse, sons and daughters during such period as may be specified in the notice;

(c) require any such person to furnish a statutory declaration or, as the Public Prosecutor sees fit, a statement in writing enumerating all movable or immovable property belonging to or possessed by such person where the Public Prosecutor has reasonable grounds to believe that such information can assist the investigation;

(d) Require the manager of any bank to give copies of the accounts of such person or of the spouse or of the parents or a son or daughter of such person at the bank;

(e) Require the person in charge of any Department, office or establishment of the Government, or the president, chairman, manager or chief executive officer of any public body to produce or furnish, as specified in the notice any document which is in his possession or under his control.

(2) Every person to whom a notice is sent by the Public Prosecutor under subsection (1) of this section shall, notwithstanding the provisions of any written law or any oath of secrecy to the contrary, comply with the terms of that notice within such times as may be specified therein and any person who willfully neglects, or fails so to comply shall be guilty of an offence:

Penalty, a fine of $5,000 and imprisonment for one year.

23B.Restriction on disposal of property etc.

(1) The Public Prosecutor may, by written notice to a person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed under this Act or against whom a prosecution for such offence has been instituted, direct that such person shall not dispose of or otherwise deal with any property specified in such notice without the consent of the Public Prosecutor.

(2) Where any property specified in a notice under subsection (1) includes any debt or obligation due by a bank or deposit-taking company to the person to whom the notice is given the Public Prosecutor may serve on such bank or deposit-taking company a copy of that notice, which copy notice shall have the effect of directing the bank or deposit-taking company not to pay any money to the person specified in the copy notice without the consent of the Public Prosecutor.

(3) A notice under subsection (1) —

(a) may be served by delivering it personally to the person to whom it is addressed or may, where the Court of a Magistrate is satisfied that such person cannot be found or is not in Brunei Darussalam, be served in such other manner as the court may direct on application ex prate by or on behalf of the Public Prosecutor;

(b) Shall have effect from the time of service and shall continue in force for a period of 12 months or until cancelled by the Director whichever is the earlier.

(4) Nothing in subsection (3) shall prevent the Public Prosecutor from making a further order in respect of the same property.

(5) The Public Prosecutor may impose such terms and conditions as he thinks fit to consent to the disposal of or other dealing with any property specified in a notice under subsection (1).

(6) A person who disposes of or otherwise deals with any property specified in a notice under subsection (1) or a bank or deposit-taking company which pays any money to a person specified in a copy of notice served on it under subsection (2) other than in accordance with the consent of the Public Prosecutor shall be guilty of an offence: Penalty, a fine of $50,000 or the value of the property disposed or otherwise dealt with, whichever is greater, and to imprisonment for 3 years.

23C.Surrender of travel documents.

(1) A magistrate may, on the application of the Director, Deputy Director or an Assistant Director by written notice require a person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed by him under this Act to surrender to the Director any travel documents in his possession.

(2) A notice under subsection (1) shall be served personally on the person to whom it is addressed.

(3) A person on whom a notice under subsection (1) is served shall comply with such notice forthwith.

(4) If a person on whom a notice under subsection (1) has been served fails to comply with the notice forthwith, he may thereupon be arrested and taken before a magistrate.

(5) Where a person is taken before a magistrate under subsection (4), the magistrate shall, unless such person thereupon complies with the notice under subsection (1) or satisfies the magistrate that he does not possess a travel document, by warrant commit him to prison there to be safely kept —

(a) Until the expiry of the period of 28 days from the date of his committal to prison as aforesaid; or

(b) until such person complies with the notice under subsection (1) and a Magistrate, by order in that behalf, orders and directs the Superintendent of Prisons to discharge such person from prison (which order shall be sufficient warrant for the Superintendent of Prisons so to do), whichever occurs first.

(6) A travel document which is surrendered to the Director under this section may be detained for 6 months from the date on which it was surrendered and may be detained for a further 3 months if a magistrate, on application by the Director, Deputy Director or an Assistant Director, i

Criminal Code (Extract)

(Revised Edition 2001, Date November, 1998)

Chapter IX Offences by or relating to Public Servants Public servant taking gratification other than legal remuneration, in respect of an official act.

  1. Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept, or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, or for showing or forbearing to show in the exercise of his official functions, favor or disfavor to any person, or for rendering or attempting to render any service or disservice to any person, with Government, or with any public servant as such, shall be punished with imprisonment for a term which may extend to 7 years and with fine.

Explanation — “Expecting to be a public servant” — If a person, not expecting to be in office, obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section.

“Gratification” — the word “gratification” is not restricted to pecuniary gratifications, or to gratifications estimable in money.

“Legal remuneration” — the words “legal remuneration” is not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by the Government which he serves to accept.

“A motive or reward for doing” — a person, who receives a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, comes within these words.

Illustrations

(a) A, a Judge, obtains from Z, a banker, a situation in Z’s bank for A’s brother, as a reward to A for deciding a cause in favor of Z. A has committed the offence defined in this section.

(b) A, a public servant, induces Z erroneously to believe that A’s influence with a Government officer has obtained for Z a contract to do work, and thus induces Z to give A money. A has committed the offence defined in this section.

(c) A, a public servant, induces Z erroneously to believe that A’s influence with the Government has obtained a grant of land for Z, and thus induces Z to give A money as a reward for his service. A has committed the offence defined in this section.

Taking gratification, in order, by corrupt or illegal means, to influence servant.

  1. Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means, any public servant to do or to forbear to do any official act or in the exercise of the official functions of such public servant to show favor or disfavor to any person, or to render or attempt to render any service or disservice to any person with the Government, or with any public servant, as such, shall be punished with imprisonment for a term which may extend to 7 years and with fine.

Taking gratification, for exercise of personal influence with public servant.

  1. Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by the exercise of personal influence, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favor or disfavor to any person, or to render or attempt to render any service or disservice to any person with the Government, or with any public servant, as such, shall be punished with imprisonment for a term which may extend to 7 years and with fine.

Illustration

A person who receives pay for arranging and correcting a memorial addressed to Government, setting forth the services and claims of the memorialize, or a paid agent for a condemned criminal who lays before the Government statements tending to show that the condemnation was unjust, are not within this section, inasmuch as they do not exercise or profess to exercise personal influence.

Punishment for abetment by public servant of offences defined in section 162 or 163.

  1. Whoever, being a public servant, in respect of whom either of the offences defined in the last 2 preceding sections is committed, abets the offence, shall be punished with imprisonment for a term which may extend to 7 years and with fine.

Illustration

A is a public servant. B, A’s wife, receives a present as a motive for soliciting A to give an office to a particular person. A abets her doing so: B is punishable with imprisonment for a term not exceeding one year, or with fine, or with both. A is punishable with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Public servant obtaining valuable thing, without consideration, from person concerned in proceeding or business transacted by such public servant.

  1. Whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any valuable thing, without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by such public servant, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punished with imprisonment for a term which may extend to 7 years and with fine.

Illustrations

(A) A, a Judge, hires a house of Z, who has a settlement case pending before him. It is agreed that A shall pay $50 a month, the house being such that, if the bargain were made in good faith, A would be required to pay $2000 a month. A has obtained a valuable thing from Z without adequate consideration.

(b) A, a Judge, buys of Z, who has a cause pending in A’s Court, Government promissory notes at a discount, when they are selling in the market at a premium. A has obtained a valuable thing from Z without adequate consideration.

(c) Z’s brother is apprehended and taken before A, a magistrate, on a charge of perjury. A sells to Z shares in a bank at a premium, when they are selling in the market at a discount. Z pays A for the shares accordingly. The money so obtained by A is a valuable thing obtained by him without adequate consideration.

Public servant disobeying law, with intent to cause injury to any person.

  1. Whoever, being a public servant knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, indenting to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person shall be punished with imprisonment for a term which may extend to 3 years and with fine.

Illustration

A, being an officer directed by law to take property in execution in order to satisfy a decree pronounced in Z’s favor by a Court of Justice, knowingly disobeys that direction of law with the knowledge that he is likely thereby to cause injury to Z: A has committed the offence defined in this section.

Public servant framing an incorrect document with intent to cause injury.

  1. Whoever, being a public servant, and being as such public servant charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause, or knowing it to be likely that he may thereby cause, injury to any person, shall be punished with imprisonment for a term which may extend to 7 years and with fine.

Public servant unlawfully engaging in trade.

  1. Whoever, being a public servant, and being legally bound, as such public servant, not to engage in trade, engages in trade, shall be punished with imprisonment for a term which may extend to 3 years and with fine.

Public servant unlawfully buying or bidding for property.

  1. Whoever, being a public servant, and being legally bound, as such public servant, not to purchase or bid for certain property, purchases, or bids for that property, either in his own name, or in the name of another or jointly or in shares with others, shall be punished with imprisonment for a term which may extend to 7 years and with fine; and the property if purchased, may be confiscated.

Personating a public servant.

  1. Whoever pretends to hold any particular office as a public servant, knowingly that he does not hold such office, or falsely personates any other person holding such office, and, in such assumed character, does, or attempts to do, any act under color of such office, shall be punished with imprisonment for a term which may extend to 7 years and with fine.

Wearing garb or carrying token used by public servant with fraudulent intent.

171. Whoever, not belonging to a certain class of public servants, wears any grab or carries any token resembling any grab or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment for a term which may extend to 3 years and with fine.

Police Background Check Procedures

Who can apply?

  •  Individuals;
  •  Third party representatives may apply onapplicant’s behalf, but we advise external applicants

to consult their nearest Brunei High Commission.

Where?

  •  Locally, Individuals must send applications to the Police Commissioner.
  •  Externally, Individuals must send applications to the nearest Brunei High Commission (see below).

What must the applicant supply?

  •  Photocopy of his/her current passport
  •  Photocopy of his/her Brunei identity card, if available
  •  Evidence of individual’swork permit (where applicable)
  •  Evidence of the duration of the applicant’s residency in Brunei

What are the costs / turnaround times?

  •  Fee of Brunei $50 (approx. GBP £25.42).

Contact Details

Local applicants may consult:

The Commissioner

Royal Brunei Police Force

Gadong Headquarters

Bandar Seri Begawan

Attn: Awg Mohammad Abdullah-Translator

External Applicants may consult:

High Commission of Brunei

Darussalam

19/20 Belgrave Square

London SW1X 8PG

United Kingdom

Tel: 0207 5810521

Fax: 0207 2359717

Email:[email protected]

Brunei – Know Your Customer (KYC) Rules

Brunei is not a regional financial center and does not have free trade zones. Brunei has a small offshore financial center and its proximity to high crime regions, along with its large foreign worker population and limited anti-money laundering/counter-terrorist financing (AML/CFT) institutional capacity, make it vulnerable to cross-border criminal activity. Domestically, Brunei is a low threat country for money laundering and terrorist financing. Proceeds of crime generally originate in fraud, gambling, the drug trade, and fuel smuggling. Brunei has experienced an increase in cybercrime and financial fraud such as pyramid schemes and e-mail scams.

KNOW-YOUR-CUSTOMER (KYC) RULES:

Enhanced due diligence procedures for PEPs:

PEP is an abbreviation for Politically Exposed Person, a term that describes a person who has been entrusted with a prominent public function, or an individual who is closely related to such a person. The terms PEP, Politically Exposed Person and Senior Foreign Political Figure are often used interchangeably

    • Foreign PEP: NO
    • Domestic PEP: NO

Brunei – KYC covered entities

The following is a list of Know Your Customer entities covered by Brunei Law:

    • Domestic and offshore banks
    • Insurance companies
    • Finance companies
    • Money exchanges and remitters
    • Securities broker/dealers

Brunei – Suspicious Transaction Reporting (STR) Requirements:

Number of STRs received and time frame: Not available

Number of CTRs received and time frame: Not available

The following is a list of STR covered entities covered by Brunei Law:

    • Domestic and offshore banks
    • Insurance companies
    • Finance companies
    • Money exchanges and remitters
    • Securities broker/dealers

MONEY LAUNDERING CRIMINAL PROSECUTIONS/CONVICTIONS:

Prosecutions: Not available
Convictions: Not available

ENFORCEMENT AND IMPLEMENTATION ISSUES AND COMMENTS:

While Brunei has strengthened AML/CFT controls, law enforcement and prosecutors are hampered by a lack of capacity and gaps in the legal framework. The Government of Brunei (GOB) committed to strengthening its AML/CFT regime by approving an amendment order in July 2010 that includes stronger KYC rules. Since this order does not address designated non-financial businesses and professions (DNFBPs), the GOB should draft notices to cover DNFBPs as well. Additionally, only money changer and remittance companies are obliged to report cash transactions above B$5,000 (approximately $3,850). New reporting procedures for banks have been proposed but not yet adopted. The GOB has developed an action plan to address its deficiencies by adequately criminalizing money laundering and terrorist financing; enhancing measures to confiscate assets and freeze terrorist funds; expanding the suspicious transactions reporting regime; and improving the mutual legal assistance authorities.

Brunei‘s criminalization of money laundering is deficient and limited to predicate offenses that have an imprisonment term of not less than five years. This high threshold results in the exclusion of many offenses as money laundering predicate offenses. Brunei should expand the scope of the money laundering offense to cover the widest range of predicate offenses in order to meet the international standards.

The GOB issued a notice to banks to conduct enhanced due diligence on politically exposed persons (PEPs) and issued a new Anti-Terror Order (ATO), which came into force in July 2011. The ATO extends financial entities‘ STR obligations to include transactions suspected to involve terrorist financing and expands the definition of offenses punishable in Brunei to include terrorists‘ financial collaborators. However, the ATO covers only the financing of terrorist acts and does not cover sole financing of a terrorist organization or of an individual terrorist.

Brunei also promulgated new regulations to monitor cross-border currency and bearer instruments, although both domestic and cross-border wire transfers are not comprehensively monitored.

Brunei should strengthen its actions against investment fraud and illegal deposit taking. Intellectual property theft generates significant proceeds but is not a priority for authorities. The GOB should ensure intellectual property crimes are fully criminalized, and effective controls are in place to prevent theft and prosecute offenders.

Travel Risk

Security

You will be responsible for own safety if you decided to travel. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Crime

Insignificant crimes such as break-ins and theft occur. Violent crime is rare. Ensure that your personal belongings and passports and other travel documents are secure at all times.

Transportation

Traffic runs on the left. Running of red lights and speeding are common infractions. Drivers should remain at the scene of an accident and must not move their vehicles until police arrive.

Buses and taxis may be available. Buses run infrequently and are not available at night. Taxis are located at major hotels but not otherwise readily available.

See Transportation Safety in order to verify if national airlines meet safety standards.

Trekking

Visitors to rainforests should always be accompanied by an experienced guide.

Emergency services

Dial 993 to reach police.

Summary

Brunei GDP Last Previous Highest Lowest Unit
GDP 16.11 16.95 16.95 0.11 USD Billion
GDP Annual Growth Rate 0.20 -0.20 6.60 -5.60 percent
GDP per capita 24184.67 24947.10 47649.68 1145.72 USD
GDP per capita PPP 69474.18 71664.37 78688.42 69474.18 USD

 

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