Financial Crime World

Brunei’s Approach to Combating Transnational Organized Crime

Overview

Brunei is a small, oil-rich country in Southeast Asia with a distinct system of government that combines elements of monarchy and Sharia law. Despite having a strong legal framework to combat transnational organized crime, the implementation remains inconsistent, and corruption persists.

Key Aspects of Brunei’s Approach

  • Brunei’s legal system is divided into two branches:
    • Secular courts
    • Sharia courts, which follow a strict interpretation of Islamic law

Criminal Justice

  • The country has an inter-agency team to investigate potential cases of human trafficking
  • However, the lack of capacity to identify victims and investigate powerful stakeholders hinders effective enforcement

Asset Confiscation

  • Brunei’s approach to confiscating assets is unique:
    • Suspected perpetrators do not need to be convicted of organized crime for their assets to be confiscated

Economic Environment

  • The country’s economy relies heavily on oil extraction, which has slowed economic diversification efforts
  • The centralized state structure that relies on the monarchy contributes to this issue

Civil Society and Social Protection

  • Brunei lacks a dedicated facility for addressing human trafficking
  • However, the country does have rehabilitation and protection centers for victims

Challenges and Limitations

While Brunei has some measures in place to combat transnational organized crime, its unique system of government and lack of transparency create challenges for effective enforcement. Addressing these issues will be crucial for the country’s efforts to combat organized crime more effectively.