Last updated: February 26, 2020

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Ministry of Health, Police, Authorized Officers
None
Analysis

Any person who supplies a tobacco product in Brunei that fails to comply with warning requirements may be held liable. This is interpreted as including manufacturers. Failure to comply with health warning requirements is subject to a fine not exceeding $10,000, imprisonment for a term not exceeding six months, or both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000, imprisonment for a term not exceeding one year, or both. The Director-General of Health Services or an authorized person may compound this offense by collecting a sum not exceeding $500.

Police and authorized officers have the authority to enter any premises and seize any non-complying products.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and higher penalties for repeat offenses. However, to more align, the drafters of the law might consider license suspension and/or revocation as a penalty for non-compliance with tobacco product packaging requirements.

Importer

Ministry of Health, Police, Authorized Officers
None
Analysis

Any person who supplies a tobacco product in Brunei that fails to comply with warning requirements may be held liable. This is interpreted as including importers. Failure is to comply with health warning requirements is subject to a fine not exceeding $10,000, imprisonment for a term not exceeding six months, or both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000, imprisonment for a term not exceeding one year, or both. The Director-General of Health Services or an authorized person may compound this offense by collecting a sum not exceeding $500.

Police and authorized officers have the authority to enter any premises and seize any non-complying products.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and higher penalties for repeat offenses. However, to more fully align, the drafters of the law might consider license suspension and/or revocation as a penalty for non-compliance with tobacco product packaging requirements.

Wholesaler

Ministry of Health, Police, Authorized Officers
None
Analysis

Any person who supplies a tobacco product in Brunei that fails to comply with warning requirements may be held liable. This is interpreted as including wholesalers. Failure is to comply with health warning requirements is subject to a fine not exceeding $10,000, imprisonment for a term not exceeding six months, or both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000, imprisonment for a term not exceeding one year, or both. The Director-General of Health Services or an authorized person may compound this offense by collecting a sum not exceeding $500.

Police and authorized officers have the authority to enter any premises and seize any non-complying products.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and higher penalties for repeat offenses. However, to more fully align, the drafters of the law might consider license suspension and/or revocation as a penalty for non-compliance with tobacco product packaging requirements.

Retailer

Minister of Health, Police, Authorized Officers
None
Analysis

Any person who supplies a tobacco product in Brunei that fails to comply with warning requirements may be held liable. This is interpreted as including retailers. Failure is to comply with health warning requirements is subject to a fine not exceeding $10,000, imprisonment for a term not exceeding six months, or both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000, imprisonment for a term not exceeding one year, or both. The Director-General of Health Services or an authorized person may compound this offense by collecting a sum not exceeding $500.

Police and authorized officers have the authority to enter any premises and seize any non-complying products.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and higher penalties for repeat offenses. However, to more fully align, the drafters of the law might consider license suspension and /or revocation as a penalty for non-compliance with tobacco product packaging requirements.