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Brunei

Retail_Trading_Status

Allowed-Unregulated High Confidence
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Status Changed

Previous status: Gray-Zone

Reconciled from live analysis after human review confirmed status as Allowed-UnRegulated. Original new analysis incorrectly classified as Gray-Zone. The status is Allowed-UnRegulated because there is no law prohibiting retail trading, despite the lack of a specific regulatory framework and the presence of strong warnings from the regulator. The 2023 amendment to the Criminal Asset Recovery Order, while expanding AML/CFT obligations to VASPs, does not create a licensing regime for exchanges and does not change the fundamental fact that retail trading is permitted but unregulated. All factual information from the latest analysis supporting this status (e.g., the 2023 law, banking restrictions) has been incorporated.

Analysis ID
#846
Version
Latest
Created
2025-12-13 07:00
Workflow Stage
Reconciled

Executive Summary

As of December 2025, retail cryptocurrency trading in Brunei Darussalam is allowed but unregulated. The Brunei Darussalam Central Bank (BDCB) does not recognize cryptocurrencies as legal tender and does not regulate them directly. However, activities surrounding cryptocurrencies may fall under existing financial regulations, such as AML/CFT. The BDCB is in the process of developing a regulatory framework for licensing and supervising cryptocurrencies, but it is not yet in place. A 2023 amendment to the Criminal Asset Recovery Order classifies Virtual Asset Service Providers (VASPs) as financial institutions for AML/CFT purposes, but no specific licensing regime for crypto exchanges is operational, and no licensed VASPs currently exist.

Key Pillars

The primary regulator is the Brunei Darussalam Central Bank (BDCB). Although cryptocurrency trading is allowed, there is no specific regulatory framework governing it. General AML/CFT regulations, specifically the Anti-Money Laundering and Counter-Terrorism Financing (AML/CFT) Order from 2010, apply to financial institutions and other entities under BDCB's oversight, which might extend to some crypto-related activities. The Criminal Asset Recovery (Amendment) Order, 2023, expands the definition of 'financial institution' to include VASPs, subjecting them to AML/CFT obligations. There are currently no specific licensing or registration requirements for crypto exchanges operating within Brunei.

Landmark Laws

  • Anti-Money Laundering and Counter-Terrorism Financing (AML/CFT) Order: Issued in 2010. This order and its supporting regulations impose AML/CFT requirements, including KYC/CDD procedures, on financial institutions under BDCB's oversight.
  • Criminal Asset Recovery (Amendment) Order, 2023 (S 5/2023): Enacted on 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.
  • BDCB Press Release: Public to Exercise High Caution with Cryptocurrencies (Ref: AMBD/COMMS/3): Issued on 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.
  • BDCB Press Release: Reiterates Position on Cryptocurrencies (Ref: AMBD/COMMS/3): Issued on 2018-04-24. Clarified that while crypto itself is unregulated, activities surrounding it (deposit taking, remittance) may fall under existing financial regulations.

Considerations

Cryptocurrencies are not considered legal tender in Brunei Darussalam. The BDCB has issued warnings regarding the high volatility, speculative nature, and risks of financial loss, fraud, and cybersecurity threats associated with cryptocurrencies. The BDCB emphasizes that individuals dealing in cryptocurrencies are not protected by regulatory safeguards. Banking access for crypto transactions is restricted; banks are advised against facilitating crypto dealings. There is 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. There is growing interest in cryptocurrencies, particularly among the tech-savvy youth, but public awareness is noted as deficient.

Notes

The BDCB, formerly known as Autoriti Monetari Brunei Darussalam (AMBD), has been monitoring developments in the cryptocurrency space and is in the process of developing a legal and regulatory framework. However, as of December 2025, this framework is not yet in place. International cryptocurrency exchanges are accessible to Bruneians, and these platforms likely adhere to KYC/AML requirements based on their own jurisdictions. The FATF has noted that the virtual asset service provider (VASP) sector in Brunei is small but emerging. The 2023 amendment indicates Brunei is moving towards a more regulated model, but the absence of issued licenses and continued restrictive banking practices mean the retail trading environment remains unregulated.

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).

Detailed Explanation

As of December 2025, retail cryptocurrency trading in Brunei Darussalam is allowed but unregulated. The Brunei Darussalam Central Bank (BDCB), the primary financial regulator, does not recognize cryptocurrencies as legal tender and does not directly regulate them. The BDCB has issued public warnings, notably in press releases on December 22, 2017, and April 24, 2018, advising extreme caution due to the high volatility, speculative nature, and risks of fraud and cybersecurity threats associated with these assets. The central bank has clarified that individuals dealing in cryptocurrencies are not protected by any regulatory safeguards. While the trading activity itself is permitted, the surrounding ecosystem faces significant restrictions, most notably a banking prohibition where banks are advised against facilitating cryptocurrency transactions, severely limiting on-ramps and off-ramps for local users. There is no specific licensing or registration regime for cryptocurrency exchanges operating in the country, and no Virtual Asset Service Providers (VASPs) are currently licensed by the BDCB. However, the regulatory landscape is in a state of transition. The enactment of the Criminal Asset Recovery (Amendment) Order, 2023 on February 27, 2023, represents a pivotal development, as it expands the definition of a 'financial institution' to include entities conducting virtual asset services, such as exchange or transfer, on behalf of others. This subjects any such VASP to the existing Anti-Money Laundering and Counter-Terrorism Financing (AML/CFT) obligations under the 2010 AML/CFT Order. Despite this legislative step, the BDCB has not yet operationalized a specific licensing framework for VASPs, meaning that while operating without registration is technically a breach, there is no clear path to obtain a license. The BDCB is actively developing a comprehensive regulatory framework for licensing and supervising cryptocurrencies, but it is not yet in place. Consequently, the market remains largely unregulated for retail participants, who rely on international exchanges, and the Financial Action Task Force (FATF) has noted the sector, while small, is emerging.

Summary Points

I. Regulatory Status
* Retail cryptocurrency trading is allowed but unregulated.
* Cryptocurrencies are not recognized as legal tender by the Brunei Darussalam Central Bank (BDCB).
* There is no specific regulatory framework governing cryptocurrencies, though one is under development.
* The BDCB has issued public warnings about the high risks involved, stating consumers have no regulatory recourse for losses.

II. Key Regulatory Bodies
* Brunei Darussalam Central Bank (BDCB), formerly Autoriti Monetari Brunei Darussalam (AMBD), is the primary financial regulator monitoring the space.

III. Important Legislation
* Anti-Money Laundering and Counter-Terrorism Financing (AML/CFT) Order (2010): Imposes AML/CFT requirements, including KYC/CDD, on regulated financial institutions.
* Criminal Asset Recovery (Amendment) Order, 2023 (S 5/2023): Enacted on February 27, 2023. Amends the definition of 'financial institution' to include Virtual Asset Service Providers (VASPs), subjecting them to AML/CFT obligations.
* BDCB Press Releases:
* December 22, 2017 (Ref: AMBD/COMMS/3): Initial warning that cryptocurrencies are not legal tender, are unregulated, and the public should exercise extreme caution.
* April 24, 2018 (Ref: AMBD/COMMS/3): Clarified that while crypto is unregulated, related activities (e.g., deposit-taking) may fall under existing financial regulations.

IV. Compliance Requirements
* For entities defined as VASPs under the 2023 amendment, the AML/CFT requirements from the 2010 Order would apply.
* There are no specific licensing or registration requirements for crypto exchanges currently operational, as the framework is not yet in place.
* No VASPs are currently licensed by the BDCB.

V. Notable Restrictions or Limitations
* Banking access is restricted; banks are advised against facilitating cryptocurrency transactions.
* Operating a VASP without registration is technically a breach of the 2023 Order, but no license exists to obtain.
* There is no capital gains tax for individuals, but business income from trading may be taxable.

VI. Recent Developments or Notes
* The BDCB is in the process of developing a legal and regulatory framework for licensing and supervising cryptocurrencies, but it is not yet in place as of December 2025.
* The 2023 amendment indicates a move towards a more regulated model, aligning with FATF standards.
* The FATF has noted Brunei's VASP sector is small but emerging.
* International exchanges are accessible, and public awareness of risks is considered deficient.

Full Analysis Report

Report on Retail Trading Status of Cryptocurrencies in Brunei Darussalam

Date: 2025-06-26

Topic: Retail_Trading_Status

Description: Assess whether individual citizens and residents in the country are legally permitted to buy, sell, and hold cryptocurrencies. Detail the regulatory environment surrounding this activity (e.g., KYC/AML requirements imposed on platforms, general warnings issued).


Retail_Trading_Status: Allowed-UnRegulated

Narrative Explanation:

As of December 2025, retail cryptocurrency trading (buying, selling, and holding) by individual citizens and residents in Brunei Darussalam is Allowed-UnRegulated. While there are no specific laws explicitly prohibiting the activity, and individuals can engage with cryptocurrencies, the sector is not governed by a dedicated crypto-focused regulatory framework.

The Brunei Darussalam Central Bank (BDCB), formerly known as Autoriti Monetari Brunei Darussalam (AMBD), has consistently stated that cryptocurrencies are not legal tender in the country. This means they are not officially recognized as a medium of exchange for goods, services, or debt repayment. The BDCB also clarifies that it does not regulate cryptocurrencies themselves as they operate independently from monetary authorities. Consequently, individuals dealing in cryptocurrencies are not protected under the laws administered by the BDCB.

Despite the lack of specific regulation for cryptocurrency trading itself, activities surrounding cryptocurrencies may fall under existing financial regulations if they intersect with services under BDCB's purview. This could include businesses or individuals providing services like deposit-taking, money remittance, foreign exchange, or securities issuance, even if these services involve cryptocurrencies. The Criminal Asset Recovery (Amendment) Order, 2023 represents a significant development, expanding the definition of 'financial institution' to include Virtual Asset Service Providers (VASPs) and subjecting them to AML/CFT obligations. However, as of the current date, no specific VASP licensing regime is in place, and no licensed VASPs operate in Brunei.

The BDCB has issued several public statements and warnings advising extreme caution when dealing with cryptocurrencies and their related products due to high volatility, speculative nature, and risks of financial loss, fraud, and cybersecurity threats. These warnings emphasize that the public is not protected by regulatory safeguards when investing in or transacting with cryptocurrencies. Banking access for crypto transactions is also restricted.

There is an indication that the BDCB is monitoring developments and is in the process of developing an 'appropriate legal and regulatory framework for the licensing and supervision of cryptocurrencies and related activities'. However, as of the current date, this framework is not yet in place, leaving the retail trading space largely unregulated from a crypto-specific standpoint.

While no specific crypto-focused KYC/AML regulations for retail trading platforms are explicitly detailed, Brunei has a general Anti-Money Laundering and Counter-Terrorism Financing (AML/CFT) Order from 2010 and supporting regulations. Financial institutions and other entities under BDCB's oversight are subject to these AML/CFT requirements, which include mandatory KYC/CDD procedures. The 2023 amendment extends these obligations to VASPs in law, but without an operational licensing framework. The FATF has noted that the VASP sector is small but emerging in Brunei.

Research indicates that while cryptocurrency adoption is not yet widespread in Brunei and public awareness can be deficient, there is growing interest, particularly among the tech-savvy youth. International cryptocurrency exchanges are accessible to Bruneians, and some sources list popular platforms used in the country. These platforms, if operating internationally, would likely adhere to KYC/AML requirements based on their own jurisdictions, but specific Bruneian mandates for these exchanges are not yet established.

In summary, individuals in Brunei are not legally barred from trading or holding cryptocurrencies. However, this activity occurs in an environment without specific regulations governing cryptocurrencies themselves or dedicated licensing and oversight for crypto exchanges operating within Brunei. General financial laws and AML/CFT obligations may apply to related financial services, and the central bank has issued strong cautionary advice. The status remains 'Allowed-UnRegulated' pending the development and implementation of the anticipated specific legal and regulatory framework.

Relevant Text Excerpts and Sources:

  • Brunei Darussalam Central Bank (BDCB): 'BDCB wishes to reiterate that cryptocurrencies are not legal tender in Brunei Darussalam and are not regulated by BDCB as they operate independently from monetary authorities or central banks. Nevertheless, the activities surrounding them may be regulated if they constitute any of the activities regulated in the relevant legislation under BDCB's purview where compliance to specific requirements must be adhered to.'
  • Brunei Darussalam Central Bank (BDCB): 'To date, BDCB has been closely monitoring developments surrounding cryptocurrencies to ensure that the regulatory measures are commensurate with the risks posed. BDCB is aware that, considering the rapid growth of cryptocurrencies globally, there has been heightened interest from the public. To this end, BDCB is currently developing an appropriate legal and regulatory framework for the licensing and supervision of cryptocurrencies and related activities.'
  • Criminal Asset Recovery (Amendment) Order, 2023: 'Insertion of new sub-paragraphs... (via) any person who conducts business... (A) exchange between virtual assets and fiat currency...' (Subjecting VASPs to AML/CFT obligations).
  • BDCB Press Release (2017): 'AMBD would like to remind the public that cryptocurrencies are not legal tender in Brunei Darussalam and are not regulated by AMBD.'
  • Wikipedia (citing AMBD): 'Bitcoin and cryptocurrency is not legal tender in Brunei Darussalam and are not regulated by AMBD (Brunei Monetary Authority). It is not protected under the laws administered by AMBD. AMBD however, advised the public not to be easily enticed by any investment or financial activity advertisements, and to conduct due diligence and understand the financial products properly before participating. There is no law that stated that holding or trading bitcoin is illegal.'
  • FATF (APG Mutual Evaluation Report Summary, July 2023): 'Some risks are noted in the lending sector and in the small but emerging virtual assets service providers (VASP) sector.'

Source Evidence

Primary and secondary sources cited in this analysis

"BDCB wishes to reiterate that cryptocurrencies are not legal tender in Brunei Darussalam and are not regulated by BDCB as they operate independently from monetary authorities or central banks."

"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."

"Clarified that while crypto itself is unregulated, activities surrounding it (deposit taking, remittance) may fall under existing financial regulations."

"There is no law that stated that holding or trading bitcoin is illegal."

"While there are no specific laws prohibiting the use or trade of cryptocurrencies, the Autoriti Monetari Brunei Darussalam (AMBD), the country's central bank, has yet to issue formal legislation to regulate or endorse digital currencies."

"Some risks are noted in the lending sector and in the small but emerging virtual assets service providers (VASP) sector."

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
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