ASEAN REGIONAL FORUM (ARF) EXPORT LICENSING EXPERTS MEETING, 17 – 18 NOVEMBER 2005, SINGAPORE

BRUNEI DARUSSALAM EXPORT CONTROL IMPLEMENTATION STATUS AND APPROACH

The Necessity of Export Control Proliferation of weapons of mass destruction and their means of delivery (hereinafter refer to as WMD) poses a serious threat to global and Asian regional security. It is essential for every country and region to prevent procurement activities of concern contributing to development of WMD.

Export controls are the key elements to achieve the purpose of non-proliferation. Taking into consideration that procurement activities by countries of concern are likely to become more and more cunning, such as by circumventive procurement, it is necessary to introduce and to implement effective export control systems not only in the countries which have the competence to develop WMD-related items and technologies but also in all Asian countries and region

BRUNEI DARUSSALAM COMMITMENT

With regards to that, Brunei Darussalam is committed and strongly supports the implementation of Security Council Resolution 1540 on 28 April 2004 to address the proliferation of nuclear, chemical and biological weapons, as well as their means of delivery systems.

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

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

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

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

The Poisons Act 1984 regulates the importation, exportation, possession, manufacturing, compounding, storage, transport and sale of poisons. A poisons list under this Act updated regularly, also includes chemical substance which are used in pharmaceutical, manufacturing and agriculture industries.

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

In terms of curbing non- State actors financial capability to acquire such weapons Brunei Darussalam has the Anti-Terrorism (Financial and other Measures) Orders 2002 which prohibits funding for any terrorist acts. Penalty for this offence is imprisonment for a term of 5 years or a fine not exceeding B$ 100,000 or both.

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

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

Brunei Darussalam is a party to the following treaties and conventions: Treaty on the Non-Proliferation of Nuclear Weapons (NPT) in march Biological Weapons Convention in January Convention on the Prohibition of the Development Stockpiling and use of Chemical Weapons and on their Destruction (CWC) in July 1997.

Brunei Darussalam is in the process of establishing a National Authority Advisory Body for Chemical Weapons Convention Brunei Darussalam is a signatory member to the Comprehensive Nuclear Test Ban Treaty (CTBT) in January Brunei Darussalam under APEC understanding, is seriously considering the IAEA Additional Protocol with a view to sigh in the near future

CUSTOMS EXPORT PROCEDURES

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 be carried out at presence of Police Officer

THANK YOU