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2009/SOM1/006anx3
Agenda Item: IV
Written Questions Received During the Review Session
Purpose: Consideration
Submitted by: APEC Secretariat
/ First Senior Officials’ Meeting – Plenary SessionSingapore16 February 2009
IAP Study Report - Brunei Darussalam
Written Questions Received During the Peer Review Session
CANADA
CHAPTER 5: Standards and conformance
1. According to the IAP report, Brunei's policy is to "adopt international standards whenever they apply to Brunei Darussalam" (p.27).
Could Brunei elaborate on what specific criteria are used to determine if a particular international standard applies to Brunei, and how these criteria connect to Brunei's international trade obligations?
2. Brunei indicates that it is currently undertaking a review of its standards which are not yet aligned with international standards. What is the current number and percentage of Brunei’s standards that are aligned with international standards?
3. In its IAP, Brunei states that it has reviewed its laboratory accreditation scheme to fully meet ISO/IEC Guide 58. Given that Guide 58 has been revised by ISO/IEC 17011, does Brunei plan to have its laboratory accreditation scheme meet the requirements of ISO/IEC 17011?
4.Given that Brunei is a correspondent member of ISO, and an observer member of ISO CASCO and COPOLCO, does Brunei plan to identify areas where it could upgrade its status in international standardizing bodies?
CHAPTER 7: intellectual property rights
1. Canada would like to know what controls Brunei is implementing to control the pirating of DVDs and CDs.
Promote transparency of IPR requirements
2. Canada would be grateful if Brunei Darussalam could provide information concerning the current situation and proposed further actions to enhance the transparency of IPR requirements.
APEC Cooperation on IP Issues
3. Canada notes that Brunei Darussalam intends to pursue further technical cooperation with both regional economies and international organizations. Canada would be grateful for more information regarding the specific types of technical cooperation Brunei Darussalam intends to pursue.
Effective Enforcement of IP Rights
4. Brunei Darussalam notes that “amendments to the Copyright Order will enhance current enforcement measures as more powers will be given to the police and customs. The penalties and fines will be significantly increased and are deterrent in nature.” Canada would be appreciative if Brunei could (a) provide more details on the new enforcement powers to be granted to the police and customs and (b) describe the deterrent nature of the increased penalties and fines for copyright infringements.
Public Education and Awareness of IP
5.Brunei notes that “the Attorney General’s Chambers have conducted a series of IP clinics which are aimed to assist the general public in understanding IP as well as in registering their IPRs.” Canada would be grateful to receive information regarding: the number of IP clinics held, the numbers of participants that attended, the messages relayed at the clinics, the mediums used, and the overall results of the clinics.
TRIPS implementation
6.Brunei states that it hopes to finalise outstanding issues regarding its Draft Patent Regulations with a view to implementing the laws on patents in 2008 and that to date, it has met the minimum standards set out in TRIPS, except for its patent legislation. Canada would appreciate if Brunei could further elaborate on these outstanding issues, and give its views on when it expects to have its patent legislation compliant with the TRIPS agreement.
7.Brunei states that possible protection for new and emerging issues such as biotechnology, among others, will be considered. Canada would appreciate more information regarding the current protections offered and changes being considered.
Ensuring the expeditious granting of IP rights
8.Brunei states that the registration process for trademarks has been improved in recent years. It is now possible to have a trademark registered within six months, as opposed to twelve months under the previous Act. There is no mention of the patent registration process, although reference is made to the Inventions Act as one of the three existing pieces of legislation directly related to IPRs. Canada would appreciate further details about the length of the average process to have a patent granted from the date of application, and whether Brunei expects there will be a need to accelerate this granting process.
CHAPTER 11: Implementation of wto obligations
1.On page 38 of the IAP Study Report, reference is made to 34 outstanding WTO notifications. Could Brunei please inform us what these notifications consist of? In order to support and promote increased transparency, Canada would like to encourage Brunei to increase its WTO notifications.
INDONESIA
We understand that foreign exporters should seek approval from the Bruneian Religious Authorities with the “Halal Certificate” to obtain the “Brunei Halal certification”. Does Brunei accept “slaughtering certificate or Halal Certificate by other economies? Does Brunei Have a Mutual Recognition arrangement with other economies in this region?
As it was indicated in your presentation Brunei Darussalam is dependent on exports and imports. How do you see the possible solutions that you economy may take in view of the global crisis where the flow of import and export may be hindered?
REPUBLIC OF KOREA
1. While the report mainly discusses issues related to domestic regulation measures and international agreements on FDIs, it does not provide a sufficient account for portfolio investments. If the report does not limit investments to only FDIs, please provide a more detailed description, including information regarding domestic regulation measures and the current situation on portfolio investments.
2. We are aware that Brunei is in the process of accepting bids for implementation of Broadband Wireless Access (BWA). We would appreciate it if Brunei could provide information on the current status of this work, such as the selection of BWA technology and operators.
MALAYSIA
1. What steps/measures has Brunei taken to liberalise its higher education sector?
2. What are the requirements for foreigners to be employed as lecturers/teachers in Brunei’s universities and schools?
3.Can Brunei publish up-to-date information on tariffs in its Customs website?
MEXICO
3. Services
The study report mentions that Brunei Darussalam has made a commitment to four of the12 services included in the WTO General Agreement on Trade in Services (GATS).
Is Brunei considering adding commitments to its GATS schedule?
(a) Telecommunications
The study report indicates that the regulatory functions of JTB have been absorbed by the Authority for Info-Communication Technology Industries (AiTi). AiTi is only responsible for issuing the licenses, while the policy on market access still remains under the Ministry of Telecommunication. The maximum extent of foreign participation allowed is 50%. Foreign providers can only participate in the Brunei Darussalam market by acquiring equity in existing providers in the course of normal commercial negotiations.
Mexico would like to know more details about any plans from Brunei to further liberalize its telecommunications services in the medium term.
(b) Financial services
Regarding insurance, the Insurance Order (2006) and the Insurance Regulations (2006) are the legal instruments that regulate the activities of the insurance sector.
Is it possible to have access to these documents through a specific website?
(c) Tourism
The report mentions that both middle-term and long-term development plans envisage tourism as a key priority to be developed if Brunei Darussalam is to diversify its sources of income.
Are there restrictions on foreign entry for tourism and travel related services, such as foreign tourist guides and foreign travel agencies?
Mobility of Business People
Could you kindly explain how does your economy determine the business person status of a petitioner to be an ABTC cardholder?
8. Competition Policy
What would be the general assessment of the competition process in Brunei Darussalam despite the absence of a national competition law?
NEW ZEALAND
New Zealand welcomes Brunei Darussalam's involvement in TransPac and looks forward to the future development of that agreement.New Zealand would be interested to know whether Brunei is involved in other free trade agreement negotiations, beyond those connected with ASEAN, or has plans to launch any such negotiations in the immediate future.
CHINESE TAIPEI
Chapter 1: Tariff
Chinese Taipei is impressed by the progress of Brunei’s elimination of its tariffs and some useful measures to attract foreign investment. Brunei’s MFN applied rates on Information Technology products are already low or even accorded duty-free concessions, and the development of ICT industry is playing an important role in Brunei’s 9th National Development Plan. Would Brunei consider joining WTO Information Technology Agreement in order to accelerate its development towards digital society?
Chapter 6: Customs Procedures
The National Single Window for customs procedures started to operate in 2008. Meanwhile, Brunei mentioned the difficulties in introducing the Single Administration Document (SAD) for customs declarations. Could you elaborate more on the major challenges faced in the process and your counter measures? Chinese Taipei is also striving to develop its single window system and would be willing to share its experience with Brunei.
THAILAND
Thailand noted Brunei's tax holiday of up to 20 years. Therefore in the matter, Thailand would like Brunei to elaborate in moving on this criteria in granting that tax, in terms of minimum amount of investment,type of project, location. Thailand would like to know are these things mentionedincluded in consideration.
UNITED STATES
1.Has Brunei launched its e-filing system for trademark applications? If so, what has been the usage rate for the system? Has there been any initial feedback from users?
2. Given Brunei's impressive telephone and internet penetration rates, is Brunei on track to meet the TEL Ministers' agreed goal of achieving universal broadband access by 2015?
3.Given the current global financial situation, the development of effective social safety nets promises to be an important APEC issue for discussion in 2009. Please elaborate on the programs that Brunei has and is developing under the Wawasan Brunei 2035 development plan.