Brunei
Retail_Trading_Status
- Analysis ID
- #616
- Version
- Archived
- Created
- 2025-12-12 03:56
- Run
- d5807aa3...
- History
- View all versions
- Workflow Stage
- Step 1
Executive Summary
Retail cryptocurrency trading in Brunei exists in a regulatory gray zone. While not explicitly illegal for individuals to hold or trade digital assets, the Brunei Darussalam Central Bank (BDCB) has repeatedly warned that cryptocurrencies are not legal tender and are not protected by regulatory safeguards. A 2023 amendment to the Criminal Asset Recovery Order technically classifies Virtual Asset Service Providers (VASPs) as financial institutions subject to AML/CFT obligations, but no specific licensing regime for exchanges is fully operational, and no licensed VASPs currently exist.
Key Pillars
Brunei Darussalam Central Bank (BDCB) - Primary Regulator
Criminal Asset Recovery (Amendment) Order, 2023 - Defines VASPs as financial institutions for AML purposes
Anti-Money Laundering and Combatting the Financing of Terrorism (AML/CFT) compliance
FinTech Regulatory Sandbox - Potential pathway for innovation (currently no crypto exchanges listed)
BDCB Alert List - Public warnings against unlicensed financial service providers
Landmark Laws
Criminal Asset Recovery (Amendment) Order, 2023 (S 5/2023) - Enacted: 2023-02-27
- Amends the definition of 'financial institution' to include any person conducting virtual asset activities (exchange, transfer, safekeeping) on behalf of another, thereby subjecting them to AML/CFT reporting obligations.
- Source
BDCB Press Release: Public to Exercise High Caution with Cryptocurrencies (Ref: AMBD/COMMS/3) - Enacted: 2017-12-22
- Initial warning stating cryptocurrencies are not legal tender, are unregulated, and operate independently of the central bank. Advised public to exercise extreme caution.
- Source
BDCB Press Release: Reiterates Position on Cryptocurrencies (Ref: AMBD/COMMS/3) - Enacted: 2018-04-24
- Clarified that while crypto itself is unregulated, activities surrounding it (deposit taking, remittance) may fall under existing financial regulations.
- Source
Considerations
Cryptocurrencies are not legal tender in Brunei.
Banking access for crypto transactions is restricted; banks are advised against facilitating crypto dealings.
No capital gains tax for individuals generally, but business income from trading may be taxable.
Operating a VASP without registration is technically a breach of the 2023 Order, but no clear license exists.
Consumers have no regulatory recourse if they lose funds on unregulated platforms.
Notes
The 2023 amendment indicates Brunei is moving towards the 'Allowed-Regulated' model, but the absence of issued licenses and continued restrictive banking practices keeps it in the 'Gray-Zone' for now.
Remaining Uncertainties
- Whether the BDCB will introduce a specific 'VASP License' beyond the AML registration requirement.
- The exact tax treatment of high-frequency retail trading (income vs. capital gains).
- If any entities have successfully registered under the 2023 Order (private register vs public list).
Full Analysis Report
Full Analysis Report
The regulatory status of cryptocurrency in Brunei is best classified as a 'Gray-Zone'. The Brunei Darussalam Central Bank (BDCB), formerly known as Autoriti Monetari Brunei Darussalam (AMBD), has maintained a cautious stance since 2017. While there is no explicit law criminalizing the possession or trading of cryptocurrencies by individual retail investors, the government has not established a comprehensive licensing framework that allows crypto exchanges to operate legally and openly. Consequently, no licensed domestic exchanges exist, and the regulator actively warns the public against dealing with unlicensed entities.
A significant legal development occurred in February 2023 with the gazetting of the Criminal Asset Recovery (Amendment) Order, 2023. This legislation expanded the definition of 'financial institution' to explicitly include entities providing virtual asset services, such as exchange between virtual assets and fiat currencies, transfer of virtual assets, and safekeeping. This amendment aligns Brunei's framework with FATF standards, theoretically requiring any VASP operating in the country to register and comply with strict AML/CFT obligations. However, as of late 2025, this has not translated into a public register of licensed crypto exchanges, suggesting the regime is primarily for monitoring and enforcement rather than facilitation.
The banking sector remains restricted regarding cryptocurrency. The BDCB has repeatedly emphasized that digital tokens are not legal tender and operate independently of the monetary authority. Financial institutions are generally risk-averse and may block transactions related to crypto exchanges to comply with the central bank's risk guidance. The BDCB maintains an 'Alert List' of unauthorized financial service providers, and while this list often targets scams, it reinforces the environment where operating a financial service without a license is prohibited.
For retail investors, the environment is one of 'buyer beware'. Without local regulated platforms, Bruneians typically access the market through offshore exchanges, which falls outside the BDCB's protection. There is no specific tax regime for cryptocurrencies; Brunei generally does not tax capital gains for individuals, but frequent trading could theoretically be construed as income-generating business activity subject to corporate tax rules. The lack of clear guidelines on this front adds to the overall regulatory uncertainty.
The regulatory status of cryptocurrency in Brunei is best classified as a 'Gray-Zone'. The Brunei Darussalam Central Bank (BDCB), formerly known as Autoriti Monetari Brunei Darussalam (AMBD), has maintained a cautious stance since 2017. While there is no explicit law criminalizing the possession or trading of cryptocurrencies by individual retail investors, the government has not established a comprehensive licensing framework that allows crypto exchanges to operate legally and openly. Consequently, no licensed domestic exchanges exist, and the regulator actively warns the public against dealing with unlicensed entities. A significant legal development occurred in February 2023 with the gazetting of the *Criminal Asset Recovery (Amendment) Order, 2023*. This legislation expanded the definition of 'financial institution' to explicitly include entities providing virtual asset services, such as exchange between virtual assets and fiat currencies, transfer of virtual assets, and safekeeping. This amendment aligns Brunei's framework with FATF standards, theoretically requiring any VASP operating in the country to register and comply with strict AML/CFT obligations. However, as of late 2025, this has not translated into a public register of licensed crypto exchanges, suggesting the regime is primarily for monitoring and enforcement rather than facilitation. The banking sector remains restricted regarding cryptocurrency. The BDCB has repeatedly emphasized that digital tokens are not legal tender and operate independently of the monetary authority. Financial institutions are generally risk-averse and may block transactions related to crypto exchanges to comply with the central bank's risk guidance. The BDCB maintains an 'Alert List' of unauthorized financial service providers, and while this list often targets scams, it reinforces the environment where operating a financial service without a license is prohibited. For retail investors, the environment is one of 'buyer beware'. Without local regulated platforms, Bruneians typically access the market through offshore exchanges, which falls outside the BDCB's protection. There is no specific tax regime for cryptocurrencies; Brunei generally does not tax capital gains for individuals, but frequent trading could theoretically be construed as income-generating business activity subject to corporate tax rules. The lack of clear guidelines on this front adds to the overall regulatory uncertainty.
Source Evidence
Primary and secondary sources cited in this analysis
"Insertion of new sub-paragraphs... (via) any person who conducts business... (A) exchange between virtual assets and fiat currency..."
"AMBD would like to remind the public that cryptocurrencies are not legal tender in Brunei Darussalam and are not regulated by AMBD."
"The BDCB Alert List is a list of persons (i.e. companies and individuals) that are currently not licensed, authorised or regulated by BDCB."
"The sandbox allows the testing of FinTech products and services... in a relaxed regulatory environment."
Web Sources (1)
Sources discovered via web search grounding
Search queries used (10)
- Brunei crypto trading ban or legal
- Brunei Darussalam Central Bank cryptocurrency regulation status
- AMBD Brunei cryptocurrency warning legal tender
- Brunei FinTech Regulatory Sandbox cryptocurrency
- Brunei virtual asset service provider regulation
- Brunei crypto tax capital gains
- BDCB public warning list cryptocurrency
- BDCB regulated entities list VASP
- Brunei Criminal Asset Recovery Order 2023 VASP registration
- Brunei Darussalam Central Bank list of licensed financial institutions virtual assets
https://cryptonomadhub.io/countries/bn