| Brunei Darussalam |
| Substantial Provisions |
| Confiscation and Provisional Measures |
| existence of a legislation | Yes |
| legal provisions | Criminal Procedures Code |
| remarks and notes | Proceeds of crime and items sized as exhibits are confiscated |
| upon the order of the courts. |
| Procedural Provisions |
| Search and Seizure |
| existence of a legislation | Yes, but not specifically addressing organized crime. |
| legal provisions | Criminal Procedures Code Common Gaming House Act |
| remarks and notes | Relevant laws and regulations provide the police with the power |
| of searching and seizing items connected with a criminal case. |
| Such a power may be exercised by senior officers who may |
| authorize any police personnel to conduct search (according to |
| the Commong Gaming House Act, authorization with ASP above |
| is required), or in some cases the police (constable) is |
| empowered to conduct search and seize stolen items under the |
| Criminal Procedures Code. |
| Electronic surveillance |
| existence of a legislation |
| legal provisions |
| remarks and notes | Althougt means to conduct electronic surveillance is readily |
| available, its use is strongly discouraged due to its value in |
| courts. |
| Controlled deliveries |
| existence of a legislation | No. |
| legal provisions |
| remarks and notes |
| Undercover information |
| existence of a legislation |
| legal provisions |
| remarks and notes | Undercover operation are conducted on major and serious cases |
| only. |
| Immunity |
| existence of a legislation | No. |
| legal provisions |
| remarks and notes | Immunity is not provided except upon the order of the court or in |
| some cases through the plea bargaining process upon the |
| consent of the Public Prosecutor. |
| Witness protection |
| existence of a legislation | Yes, but limitedly. |
| legal provisions |
| remarks and notes | Available on a limited scale. |
| International cooperation in criminal matters (extradition, mutual |
| assistance, transfer of proceedings, transfer of prisoners) pursuant to |
| bilateral or multilateral agreements or arrangements or on the basis of |
| national legislation |
| existence of a legislation | Yes. |
| legal provisions |
| remarks and notes | There exist mutual assistance agreements with all the ASEAN |
| countries and several of the INTERPOL member countries. |
| Extradition treaties only with Malaysia and Singapore. |
| Other Provisions |
| Victim compensation |
| existence of a legislation | No specific procedure. |
| legal provisions |
| remarks and notes | Victims may institute claim through civil suit. |
| Bank secrecy |
| existence of a legislation | Yes. |
| legal provisions |
| remarks and notes | (No further comments) |
| Reporting of Suspicious Transactions |
| existence of a legislation | No. |
| legal provisions |
| remarks and notes | Banks and financial institution are not legally obliged to report |
| suspicious transaction to Law Enforcement Agencies. |
| Border control of Proceeds of Crime |
| existence of a legislation | No. |
| legal provisions |
| remarks and notes |
| Immigration control |
| existence of a legislation |
| legal provisions |
| remarks and notes | Information relating to wanted persons are shared with the |
| immigration authority. |
| General statements and observations on Organized Crime made by the |
| Government |
| existence of a legislation |
| legal provisions |
| remarks and notes | Brunei Darussalam is free from any organized crime activities. |
| Most of the criminal offences occurring in Brunei Darussalam are |
| committed by individuals or groups of individuals who do not |
| belong to any specific group. The only criminal activity which |
| seems to be well organized in the country is the illegal 4 digit |
| gambling activity. However, most of the persons arrested by the |
| police in connection with this activity have shown that they are |
| operating on their own backed by main operators in neighbouring |
| countries. At present Brunei is showing little sign of |
| money-laundering activity. This is perhaps due to the the small |
| size of the population and any such activity can be easily |
| detected. |