Local Laws

CRIMINAL PENALTIES: While you are traveling in Brunei, you are subject to its laws. Foreign laws and legal systems can be vastly different from our own. Persons violating Brunei laws, even unknowingly, may be expelled, arrested, or imprisoned. Penalties for possessing, using, or trafficking in illegal drugs in Brunei are severe, and convicted offenders can expect long jail sentences and heavy fines, or death. In Brunei you may be taken in for questioning if you don’t have your passport with you or if you take pictures of certain buildings. In Brunei, driving under the influence could land you immediately in jail. If you break local laws in Brunei, your U.S. passport won’t help you avoid arrest or prosecution.

There are also some things that might be legal in the country you visit, but still illegal in the United States. You can be prosecuted in the United States for engaging in sexual conduct with children or for using or disseminating child pornography in a foreign country regardless of the legality of these activities under that country’s laws. Counterfeit and pirated goods are illegal in the United States and if you purchase them in a foreign country, you may be breaking local law as well.

Brunei has a mandatory death penalty for many narcotics offenses. Under the current law, the possession of more than 15 grams of heroin, ecstasy, or morphine derivatives, 30 grams or more of cocaine, 500 grams or more of cannabis, 50 grams or more of methamphetamine, or 1.2 kg or more of opium carries the death penalty. Possession of lesser amounts can result in a minimum twenty-year jail term and caning. Importation of firearms is prohibited; the illegal possession of firearms or explosives and drug use/possession carry severe penalties, including the possibility of the death penalty. Any attempts to circumvent alcohol controls can result in arrest and criminal prosecution. Gambling is illegal in Brunei.

Prostitution is illegal, and harsh penalties can result from soliciting a prostitute. In addition, due to the conservative Muslim culture, any extramarital relations between a Muslim and non-Muslim, from simple acts such as holding hands or public displays of affection to sexual activity, may be considered a crime in Brunei. Please consult a guide book or other travel information on Brunei for more information about respecting local cultural norms.

Arrest notifications in host country: While some countries will automatically notify the nearest U.S. embassy or consulate if a U.S. citizen is detained or arrested in that country, others may not. To ensure that the United States is aware of your circumstances, request that the police and prison officials notify the nearest U.S. embassy or consulate as soon as you are arrested or detained overseas.

SPECIAL CIRCUMSTANCES:

Immigration Violations: U.S. citizens in Brunei are subject to the laws of Brunei and may be arrested for violation of immigration regulations or any other law. In such cases, the U.S. Embassy will provide consular services to U.S. citizens arrested in Brunei, in accordance with international law and U.S. regulations. However, the Embassy may not intervene in local judicial matters. 

Dual Nationality: Brunei does not recognize or permit dual nationality. Brunei nationals are expected to enter and exit the country on their Brunei passports. Should Brunei authorities learn that a person is a dual national, they may require immediate renunciation of the citizenship of either the other nation or Brunei.

Customs Regulations: Brunei customs authorities may enforce strict regulations concerning temporary importation or export of items such as firearms, religious materials, antiquities, medications, business equipment, currency, ivory, and alcohol. For non-Muslims, limited amounts of alcohol for personal, private consumption are permitted. It is advisable to contact the Embassy of Brunei in Washington, D.C., for specific information regarding customs requirements. 

WOMEN TRAVELER INFORMATION: If you are a woman traveling abroad, please review our travel tips for Women Travelers.

LGBT RIGHTS: LGBT sex acts are criminalized in Brunei under Penal Code, Chapter 22, revised edition 2001, Section 377 (which criminalizes “unnatural offences”) and also under Brunei’s Sharia Penal Code. Possible punishments under current law include a fine and up to 10 years in prison. Brunei’s Sharia Penal Code increases the possible penalty for men convicted in Sharia court of having sex with another man; the maximum penalty is death by stoning if one participant is a Muslim, and lesser penalties of caning and imprisonment of up to seven years. Sexual acts between women also are illegal, with punishments including fines and whipping. The section of the Sharia Penal Code imposing the severest penalties, including stoning to death, has not yet been implemented and it is not yet clear how a determination would be made on whether the Penal Code, Chapter 22, or the Sharia Penal Code would be applied to a given case. Further information may be available from the Embassy of Brunei Darussalam in Washington, D.C. or by contacting an attorney in Brunei. While local media have reported on court hearings and police raids in such cases as male prostitution and underage sodomy, punishment for LGBT sex acts has not been actively enforced For more detailed information about LGBT rights in Brunei you may review the State Department’s annual Country Reports on Human Rights Practices. For further information on Lesbian, Gay, Bisexual and Transgender (LGBT) travel, please read our LGBT Travel Information page.

ACCESSIBILITY: While in Brunei, individuals with disabilities may find accessibility and accommodation very different from in the United States. For example, wheelchair ramps may not be available on all sidewalks, which often have very deep and wide gutters that may not be covered. Buildings may not always have wheelchair-accessible doorways or elevators. Crosswalks, elevators, and buildings do not generally have signage or warnings for the visually or hearing impaired. There is no specific law governing accessibility, although a “Persons with Disabilities Order” reportedly is under development.