ASEAN REGIONAL FORUM ASEAN REGIONAL FORUM (ARF) EXPORT LICENSING (ARF) EXPORT LICENSING

EXPERTS MEETING, EXPERTS MEETING, 17 – 18 NOVEMBER 2005, 17 – 18 NOVEMBER 2005,

SINGAPORESINGAPORE

BRUNEI DARUSSALAM EXPORT BRUNEI DARUSSALAM EXPORT CONTROL IMPLEMENTATION CONTROL IMPLEMENTATION

STATUS AND APPROACHSTATUS AND APPROACH

The Necessity of Export The Necessity of Export ControlControl

Proliferation of weapons of mass Proliferation of weapons of mass destruction and their means of delivery destruction and their means of delivery (hereinafter refer to as “WMD”) poses a (hereinafter refer to as “WMD”) poses a

serious threat to global and Asian regional serious threat to global and Asian regional security. It is essential for every country security. It is essential for every country

and region to prevent procurement and region to prevent procurement activities of concern contributing to activities of concern contributing to

development of WMD.development of WMD.

Export controls are the key elements to achieve Export controls are the key elements to achieve the purpose of non-proliferation. Taking into the purpose of non-proliferation. Taking into consideration that procurement activities by consideration that procurement activities by

countries of concern are likely to become more countries of concern are likely to become more and more cunning, such as by circumventive and more cunning, such as by circumventive

procurement, it is necessary to introduce and to procurement, it is necessary to introduce and to implement effective export control systems not implement effective export control systems not

only in the countries which have the competence only in the countries which have the competence to develop WMD-related items and technologies to develop WMD-related items and technologies

but also in all Asian countries and regionbut also in all Asian countries and region

BRUNEI DARUSSALAMCOMMITMENT

With regards to that, Brunei With regards to that, Brunei Darussalam is committed and Darussalam is committed and

strongly supports the strongly supports the implementation of Security Council implementation of Security Council Resolution 1540 on 28 April 2004 to Resolution 1540 on 28 April 2004 to address the proliferation of nuclear, address the proliferation of nuclear, chemical and biological weapons, as chemical and biological weapons, as

well as their means of delivery well as their means of delivery systems.systems.

Maintaining and promoting regional Maintaining and promoting regional and international peace and security and international peace and security has been and will continue to be has been and will continue to be Brunei Darussalam’s foreign policy. Brunei Darussalam’s foreign policy. In doing so, inter alia, the In doing so, inter alia, the Government of Brunei believes in Government of Brunei believes in the need to promote arms control the need to promote arms control and disarmament programs, and disarmament programs, particularly non-proliferation of particularly non-proliferation of Weapons of Mass Destruction Weapons of Mass Destruction treaties and agreementstreaties and agreements

Brunei Darussalam does not provide any Brunei Darussalam does not provide any form of support to non-State actors form of support to non-State actors attempt to develop, acquire, manufacture, attempt to develop, acquire, manufacture, possess, transport, transfer or use possess, transport, transfer or use nuclear, chemical or biological weapons nuclear, chemical or biological weapons and their means of delivery. Brunei and their means of delivery. Brunei Darussalam within its jurisdiction and Darussalam within its jurisdiction and means possible, will also act in means possible, will also act in cooperation with all State actors to cooperation with all State actors to prevent any attempt by non-State actors prevent any attempt by non-State actors to develop, acquire, manufacture, to develop, acquire, manufacture, possess, transport, transfer or use possess, transport, transfer or use nuclear, chemical or biological weapons nuclear, chemical or biological weapons and their means of delivery.and their means of delivery.

NATIONAL LEGISLATIONNATIONAL LEGISLATION

LAWS OF BRUNEI

Under Section 28, Cap 36 (Customs Act)

Power of His Majesty in

Council to prohibit imports or exports

Under Section 133(6), Cap 36 (Customs Act) of Brunei Law

(revised 1984),

Power of His Majesty in Council to make regulations:-

Regulating or Prohibiting either absolutely or conditionally the

movements of goods or persons within frontier areas

• Prohibition on import of goods specified in First Schedule

• Restriction on imports of goods specified in Second Schedule

• Prohibition of export of goods specified in Third Schedule

• Restriction on export of goods specified in Fourth Schedule

The Biological Weapons Act 1975The Biological Weapons Act 1975 prohibits any persons from developing, prohibits any persons from developing, producing, stockpiling, acquiring or producing, stockpiling, acquiring or retaining any biological agent or toxin of retaining any biological agent or toxin of type in a quantity that has no justification type in a quantity that has no justification for prophylactic, protective or other for prophylactic, protective or other peaceful purpose; or any weapon, peaceful purpose; or any weapon, equipment or means of delivery designed equipment or means of delivery designed to use biological agents or toxins for to use biological agents or toxins for hostile purposes or in armed conflict. The hostile purposes or in armed conflict. The offence also applies to a body corporate. offence also applies to a body corporate. The penalty of this offence is life The penalty of this offence is life imprisonmentimprisonment

The Internal Security The Internal Security Act 1984Act 1984 has a provision to has a provision to prohibit any non-State actor prohibit any non-State actor to manufacture, acquire, to manufacture, acquire, possess, develop, transport, possess, develop, transport, transfer or use nuclear or transfer or use nuclear or biological weapons for biological weapons for terrorist purposesterrorist purposes

The Poisons Act 1984The Poisons Act 1984 regulates regulates the importation, exportation, the importation, exportation, possession, manufacturing, possession, manufacturing,

compounding, storage, transport compounding, storage, transport and sale of poisons. A poisons list and sale of poisons. A poisons list under this Act updated regularly, under this Act updated regularly, also includes chemical substance also includes chemical substance which are used in pharmaceutical, which are used in pharmaceutical,

manufacturing and agriculture manufacturing and agriculture industriesindustries..

Arms and Explosives Act 2002Arms and Explosives Act 2002 regulates the manufacturing, use, regulates the manufacturing, use, sale, storage, transport, importation, sale, storage, transport, importation, exportation and possession of arms exportation and possession of arms and explosives. The penalty for any and explosives. The penalty for any of the offences under this Act shall of the offences under this Act shall not exceed imprisonment for a term not exceed imprisonment for a term of 15 years, a fine of B$ 10,000 and of 15 years, a fine of B$ 10,000 and 12 strokes of whipping12 strokes of whipping

In terms of curbing non- State In terms of curbing non- State actor’s financial capability to acquire actor’s financial capability to acquire such weapons Brunei Darussalam such weapons Brunei Darussalam has the has the Anti-Terrorism (Financial Anti-Terrorism (Financial and other Measures) Orders and other Measures) Orders 20022002 which prohibits funding for which prohibits funding for any terrorist acts. Penalty for this any terrorist acts. Penalty for this offence is imprisonment for a term offence is imprisonment for a term of 5 years or a fine not exceeding B$ of 5 years or a fine not exceeding B$ 100,000 or both.100,000 or both.

The Chemical Weapons The Chemical Weapons Prohibition OrderProhibition Order is currently is currently being drafted to meet Brunei’s being drafted to meet Brunei’s Darussalam Obligation under Darussalam Obligation under Chemical Weapons Convention. It Chemical Weapons Convention. It will prohibit the use, manufacture of will prohibit the use, manufacture of chemical weapons and regulate the chemical weapons and regulate the use of chemicals generally through use of chemicals generally through licensing. The order will also address licensing. The order will also address counter-terrorism measures.counter-terrorism measures.

Regional and International Treaties.Regional and International Treaties.

Brunei Darussalam, together with other Brunei Darussalam, together with other ASEAN member state are signatories to ASEAN member state are signatories to the South East Asia Nuclear Weapons the South East Asia Nuclear Weapons Free Zone Treaty. This treaty prohibits the Free Zone Treaty. This treaty prohibits the participant from developing, participant from developing, manufacturing or otherwise acquiring manufacturing or otherwise acquiring possessing nuclear weapons; station or possessing nuclear weapons; station or transport nuclear weapons by any means; transport nuclear weapons by any means; or test or use nuclear weapons in the or test or use nuclear weapons in the particular’s sovereign territory, particular’s sovereign territory, continental shelves and Exclusive continental shelves and Exclusive Economic Zone (EEZ).Economic Zone (EEZ).

Brunei Darussalam is a party to the following Brunei Darussalam is a party to the following treaties and conventions:treaties and conventions:

Treaty on the Non-Proliferation of Nuclear Treaty on the Non-Proliferation of Nuclear Weapons (NPT) in march 1985.Weapons (NPT) in march 1985.

Biological Weapons Convention in January Biological Weapons Convention in January 1991.1991.

Convention on the Prohibition of the Convention on the Prohibition of the Development Stockpiling and use of Chemical Development Stockpiling and use of Chemical Weapons and on their Destruction (CWC) in Weapons and on their Destruction (CWC) in July 1997.July 1997.

Brunei Darussalam is in the process of Brunei Darussalam is in the process of establishing a National Authority Advisory establishing a National Authority Advisory Body for Chemical Weapons ConventionBody for Chemical Weapons Convention

Brunei Darussalam is a signatory member to Brunei Darussalam is a signatory member to the Comprehensive Nuclear Test Ban Treaty the Comprehensive Nuclear Test Ban Treaty (CTBT) in January 1997.(CTBT) in January 1997.

Brunei Darussalam under APEC Brunei Darussalam under APEC understanding, is seriously considering the understanding, is seriously considering the IAEA Additional Protocol with a view to sigh in IAEA Additional Protocol with a view to sigh in the near futurethe near future

CUSTOMS EXPORTPROCEDURES

Carriers

The Master of the vessel or Agent shall present required

documents to the proper officer of Customs

Declarant

Approved declarant will be responsible for

the accuracy of the export declaration

Documentation

Exported goods must be declared in

prescribed form and shall be verified by

Customs before goods are exported

DECLARATION OF GOODS EXPORTED

• Export declaration must be lodged

• The export declaration must give a true account

• The declaration will be checked by proper officer of Customs

• Goods are to be produced for Customs Examination

• For firearms and ammunition, declaration shall be endorsed by the Commissioner of Police

Examination of goods

• Examination of goods to be done at the prescribed port during official working hours

• The declarant must be present during the examination

• Examination shall be carried out to the satisfaction of the proper officer of Customs

• Examination of Firearms and ammunition shall becarried out at presence of Police Officer

THANK YOUTHANK YOU