Consolidated TPP Text – Brunei Darussalam’s Schedule of Commitments for Temporary Entry for Business Persons
The following sets out Brunei Darussalam’s commitments in accordance with Article 12.4 (Grant of Temporary Entry) in respect of the temporary entry of business persons.
A. Business Visitors
Description of Category
Definition:
Business Visitors means a business person who:
- (a) is a goods seller and is seeking temporary entry into Brunei Darussalam, for the purpose of the sale of goods or to enter into a distribution or retailing arrangement where such negotiations do not involve direct sales to the general public;
- (b) is a service seller or representative of a services supplier and is seeking temporary entry into Brunei Darussalam for the purpose of negotiating the sale of services for that service supplier and will not be engaged in direct sales to the general public or in supplying services directly;
- (c) attends meetings or conferences or engages in consultations with business associates; or
- (d) is a goods seller seeking temporary entry into Brunei Darussalam for the purpose of attending or participating in trade conventions and trade fairs.
Conditions and Limitations(including length of stay)
Temporary entry is up to three months and can be extended for up to 12 months.
B. Installers and Servicers
Description of Category
Definition:
Installers and Servicers means persons who are installers or servicers of machinery or equipment who are employed or appointed by supplying company where such installation or servicing by the supplying company is a condition of purchase of the said machinery or equipment, and are not performing activities which are not related to the installing or servicing activities which is the subject of the contract, and receives remuneration from the supplying company.
Conditions and Limitations(including length of stay)
Temporary entry is up to three months and can be extended for up to 12 months.
C. Intra-Corporate Transferees
Brunei Darussalam shall, upon application, grant the right of entry and temporary stay to the accompanying spouse and dependants of a business person of another Party.
Subject to laws, regulations and policies, Brunei Darussalam shall grant accompanying spouses of another Party with the right to work, as defined in the Professional category in this Schedule of Specific Commitments, where that Party has also made a commitment in its schedule for spouses of Professionals or an equivalent category.
Description of Category
Definition:
Intra-Corporate Transferees (ICTs) means a Manager, Executive or Specialist:
- (a) who is an employee of a firm through a branch, subsidiary or affiliate established in Brunei Darussalam; and
- (b) who have been in the prior employ of their enterprise outside Brunei Darussalam for a period of not less than one year immediately preceding the date of their application for admission.
- (1) For the purposes of this definition, Manager means a business person within an organisation who primarily directs the organisation, or a department or sub-division of the organisation, supervises and controls the work of other supervisory, professional or managerial employees, has the authority to hire and fire or commend hiring, firing or other personnel actions (such as promotion or leave authorisation), and exercises discretionary authority over day-to-day operations. This does not include first-line supervisors, unless the employees supervised are professionals, nor does it include employees who primarily perform tasks necessary for the provision of the service.
- (2) For the purposes of this definition, Executive means a business person within an organisation who primarily directs the management of the organisation, exercises wide latitude in decision-making and receives only general supervision or direction from higher-level executives, the board of directors or stockholders of the business. Executives would not directly perform tasks related to the actual provision of the service or services of the organisation.
- (3) For the purposes of this definition, Specialist means a business person within an organisation who possesses knowledge at an advanced level of expertise and who possesses proprietary knowledge of the organisation’s service, research equipment, techniques or management. (Specialists may include, but are not limited to, professionals).
Conditions and Limitations(including length of stay)
Temporary entry is limited to a three year period that may be extended for up to two additional years for a total term not to exceed five years.
Temporary entry of spouses and dependants of ICTs is for the same period as the business persons concerned.
Subject to laws, regulations and policies for spouses and dependants working as professionals supplying highly specialised services and core services in the energy sector the right to work is up to two years. Extensions are possible but may be subject to economic needs test.
For spouses and dependants working as other types of professionals the right to work is for a total period up to 12 months or for the duration of the contract, whichever is shorter. The initial right to work is for three months and may be extended in increments of up to three months. Extensions beyond the 12 months period are possible but maybe subject to economic needs test.
D. Investors
Description of Category
Definition:
Investors means a business person who seeks to make an investment or has made investments in Brunei Darussalam, and seeks temporary entry for the purpose of dealing with any matters concerning that investment.
Conditions and Limitations(including length of stay)
Temporary entry is up to three months and can be extended for up to 12 months.
E. Professionals
Brunei Darussalam shall, upon application, grant temporary entry to the accompanying spouse and dependants of a business person of another Party.
Subject to laws, regulations and policies, Brunei Darussalam shall grant temporary entry to accompanying spouses and dependants of a business person of another Party with the right to work as a ‘professional’, as defined in this Category, where that Party has also made a commitment in its schedule for spouses of Professionals or an equivalent category.
Description of Category
Definition:
Professionals means a business person who seeks to travel to Brunei Darussalam temporarily for the purpose of carrying out professional activities.
The professional must possess appropriate educational and other qualifications relevant to the service to be provided.
Conditions and Limitations(including length of stay)
Temporary entry for professionals that fall under the highly specialised services and core services categories in the energy sector is for up to two years or for the duration of the contract, whichever is shorter.
Temporary entry for other professionals is for a period of up to 12 months or for the duration of the contract, whichever is shorter. The initial entry period is for three months and may be extended in increments of up to three months.
Temporary entry of spouses and dependants of professionals is for the same period as the business persons concerned.
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