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Wednesday, 23 November 2011

BRUNEI

by Max Wan
Brunei's Flag


·         Smallest country in ASEAN
·         One of the major economic and political power in ASEAN
·         Affluent population
·         Supportive government
·         Generally open market

BACKGROUND
Omar Ali Saifuddin Mosque
·         An oil-rich sultanate on the northern coast of Borneo
·         Well-educated and largely English-speaking population
·         Government intent to bringing foreign investment and projects to Brunei
·         Economy dependent ton the income derived from sales of oil and gas (96% total exports, 60% gross domestic product (2009))
·         Second income revenue from overseas investment
·         Citizen pay no taxes, receive free education through to the university level, free medical care, and subsidized housing
·         Investor attraction
o   Central regional location
o   Excellent telecommunications and airline connections
o   No personal income tax, sales or export taxes
o   Stable political situation
o   Foreign businesses exporting goods and services enjoy a renewable ten-year corporate tax holiday
·         Long-term residence attraction
o   Low crime rate
o   Good schools, housing and sport facilities
o   Low utility costs
·         No debt in domestic or foreign
·         Not been the recipient of economic aid
·         Large oil exports keep balance positive for importing of consumer goods and food
·         Brunei dollar pegged to the Singapore Dollar at one-to-one ratio, Singapore currency is legal tender
·         One of the lowest GDP growth rates in ASEAN
·         One of the highest rates of macroeconomic stability in the world and highest in Asia
·         Fourth-largest oil producer in Southeast Asia
·         Ninth largest exporter of liquefied natural gas in the world
·         Non-petroleum industries includes
o   Agriculture
o   Forestry
o   Fishing
o   Aquaculture
o   Banking
·         Work permits for foreigners are issued only for short period of time and must continually renewed
·         Brunei’s substantial foreign reserves
o   Managed by the Brunei Investment Agency (BIA)
o   An arm of the Ministry of Finance
o   Guiding principle is to increase the real value of Brunei’s foreign reserves while pursuing a diverse investment strategy
·         Encourage foreign investment in Brunei
o   New enterprises can receive pioneer status, exempting profits from the income tax for up to 5 years if meet certain criteria
o   No personal income tax or capital gains tax
o   30% normal corporate income tax rate
o   Foreign direct investment (FDI) outside the oil and gas industry remains limited
·         Encourage local participation but not a necessity
o   Helps when tendering for contracts with the government or Brunei Shell Petroleum
·         Companies must either
o   Incorporated locally
o   Registered as a branch of a foreign company
o   Must be registered with the Registrar of Companies
o   Public companies must have a minimum of seven shareholders
o   Private companies must have a between two to 50 shareholders
o   Half of the directors in the company must be residents of Brunei
·         Owns a cattle farm in Australia where the country’s beef supplies are processed
·         Philippines and China involved with the largest join projects with the Government of Brunei to increase agriculture and fisheries production
·         Aims to develop Brunei into
o   International offshore financial centre
o   Centre for Islamic banking
·         Promoted ecotourism to take advantage of the over 70% of Brunei’s territory (tropical rainforest)

MAIN CHALLENGES
·         Local market is relatively small
·         Foreign investors need to find a local partner to enter the market
·         SMEs and investors should expect delays when dealing with the local government

MAJOR OPPORTUNITIES
·         Brunei Economic Development Board (BEDB)
o   Promotes Brunei as an investment destination
o   Responsible for shaping government policies for foreign investment, marketing, incentives and promotion
o   Key initiatives
§  Sungai Liang Industrial Park (SPARK)
§  Pulau Muara Besar deepwater port and industrial zone (PMB)
§  iCenter (ICT)
o   Identified industries as potential investments
§  Aviation
§  Green energy
§  Halal food / pharmaceutical processing
o   Launch National Housing supply and infrastructure projects
o   Announced significant incentives and loans to encourage other investment and projects from abroad
·         Brunei Industrial Development Authority (BINA)
o   Developed several industrial parks
o   Facilitate and nurture small and medium sized enterprises

DOING BUSINESS IN BRUNEI
·         Build personal relationships with local representatives and customers
o   Regular visits
o   Establishing resident representation

USING AN AGENT OR DISTRIBUTOR
·         Should be familiar with local business customs and higher-ranking government officials
·         Local agent / distributor is worthwhile

ESTABLISHING AN OFFICE
·         Business may be established in Brunei as
o   Sole proprietorships
o   Partnerships
o   Branches of a foreign company
§  Registered as a branch of a foreign company
§  Incorporate as a Brunei limited company
·         At least two the directors in the company must be citizens or permanent residents of Brunei
·         Ministry of Industry and Primary Resources (MIPR) and Economic Planning and Development Department helps in finding
o   Agent
o   Distributor
o   Partner

JOINT VENTURES / LICENSING
·         Corporate joint venture
o   Owners have limited liability
·         Partnership joint venture
o   Partners have unlimited liability
·         Corporations partnership joint venture
o   Liability is limited to that of the participating corporations
·         Companies need a license to do business even without physical presence in Brunei
·         Except products marketed door to door by local sales person
·         Does not need Brunei citizen representative to do business
o   Commercially
o   Selling directly to the government

SELLING TO THE GOVERNMENT
·         Royal Brunei Technical Services Sdn Bhd (RBTS)
o   Only authorized agent of the Royal Brunei Armed Forces and national security to procure military equipment and ammunition
o   Wholly owned company of His Majesty’s Government
·         Non-security related product can deal directly with individual government department or ministries
·         Government tender require participation of local companies
·         Foreign companies are encourage to collaborate with local companies

DISTRIBUTION AND SALES CHANNELS
·         Currently does not have any specific legislation pertaining to distribution agreements
·         Contracts made between entities will be governed by the laws
o   Contracts Act
o   Unfair Contract Terms Act
o   Sales of Goods Act

ELECTRONIC COMMERCE
·         Aims to establish as the cyber hub of the region
·         Enhancing telecommunications infrastructure
·         Enhance human and institutional capacity building
·         Usage of ICT will be widened to
o   Create an electronic system for the government
o   Transform a paper-based procedural system into an electronic system
o   Enable provision of services and governance processing using an online system for the creation of civil services that are more efficient, effective and responsive

OPENNESS TO FOREGIN INVESTMENT
·         Offers generous tax incentives to foreign investors
·         The Investment Incentives Order 2011 provides
o   guidelines for granting pioneer status
o   tax relief
o   extending tax relief period
·         Regulations relating to foreign participation in equity are flexible
·         Foreign firms need a local partner to purchase land or apply for a long term lease
·         Strata Title Act allows non-citizens
o   Own property in accordance with the terms of a 99 year lease
o   Applies to properties more than two stories high and townhouse

RIGHT TO PRIVATE OWNERSHIP AND ESTABLISHMENT
·         Business must be registered with
o   Registrar of Companies
o   Attorney General’s Chambers
·         The Brunei Companies Act allows foreign investors to be majority shareholders of
o   locally incorporated limited companies
o   foreign company branches
o   representative offices
·         Sole proprietors are open to local residents only

BUSINESS CUSTOMS
·         Relationship building precedes business negotiations and brokering deals can sometimes require several visits
·         Handshakes are common among male businessmen
·         Muslim women prefer not to shake hands with men
·         Do not offend a dinner host by offer paying for the dinner
·         Shoes should be removed before entering private home
·         Avoid passing in front of a seated person
·         Avoid pointing with the index finger (point with thumbs with hands clenched)
·         Yellow is royal-designated colour and should not be worn in the presence of royalty
·         Tipping is not customary in Brunei
·         Large hotels and restaurants add 10% service charge to the bill
·         Alcohol is not available for purchase
·         Muslims generally will not offer or accept alcoholic beverages

LOCAL TIME, BUSINESS HOURS, AND HOLIDAYS
·         Business Hours
o   Government offices : 7.45am to 12.00pm, 1.30pm to 4.30pm, Monday to Thursday and Saturday, closed on Friday and Sunday
o   Shopping centres : 10am to 10pm, everyday
o   Private offices : 8am to 5pm on weekdays, 8am to 12pm on Saturday
o   Banks : 9am to 3pm on weekdays, 9am to 11am on Saturday
·         Most ATM’s can exchange foreign currency
Bandar Seri Begawan
Fact Facts
Population
401890
Capital
Bandar Seri Begawan
Area
5765 sq km
Ethnic Groups
Malay 66.3%
Chinese 11.2%
Indigenous 3.4%,
Other 19.1%
Religions
Muslim (official) 67%
Buddhist 13%
Christian 10%
Other (includes indigenous beliefs) 10%
Major Language
Malay (official), English (widely spoken), Chinese
Monetary Unit
Brunei Dollar (1BND = 1SGD)
Major Industries
Petroleum, petroleum refining, liquefied natural gas, construction, some agriculture
Major Export
Crude oil, natural gas, garments
Major Imports
Machinery and transport equipment, manufactured goods, food, chemicals
GDP
US$ 20.38 billion
GDP per capita
US$ 51600


Source: SME Magazine, October 2011, Malaysia Edition, Market Focus

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