Foreign investment in various auxiliary oil and gas services is restricted by the Directive 2 on Local Business Development Framework for the Oil & Gas Industry imposing local content and employment limitations on O&G operators contracting activities [see link]. Namely, the provision of services falling in the categories 'Basic' and 'Development' of the 'LBD Allocation of Contract' framework are, respectively, reserved to Bumiputra and 'local companies' (i.e. those companies fully owned by Brunei Citizens). The market reservation for local companies in the 'Development' category is considered a restriction under the OECD FDIRRI [the reservation for Bumiputra is not taken into account]. Local employment targets imposed on companies providing services falling in the category 'Core' and 'Development' of theLBD Allocation of Contract' framework are equally considered a restriction on key foreign personnel (only in respect of the restriction affecting managerial positions at all levels, which limits the possibility of nominating foreigners for top executive positions).
"ANNEX I - SCHEDULE OF BRUNEI DARUSSALAM
Sector:  Petroleum
Obligations Concerned: National Treatment (Article 9.4)
Measures: Petroleum Mining Act (Chapter 44) (the Act), Brunei National Petroleum Company Sendirian Berhad Order, 2002, Petroleum (Pipe-Lines) Act (Chapter 45), Administrative Measures and Guidelines
Description: Investment
1. Under the Act, the State Party has exclusive ownership of and rights over petroleum in the territory of Brunei Darussalam. The State Party presently includes Brunei National Petroleum Company Sdn. Bhd. (“PetroleumBRUNEI”). Private companies may obtain exploration, exploitation, development and production rights for petroleum through petroleum mining Agreements with the State Party. 
2. The State Party may require that investment in Brunei Darussalam by an investor of another Party take the form of a joint venture or a similar arrangement with a Bruneian enterprise, which may include Petroleum BRUNEI or any of its subsidiaries.
3. The State Party may require as a contractual term that, during the exploration or development period, all relevant costs with respect to the maximum participating interest of the Bruneian enterprise be borne by the partner that is an investor of another Party. Consequently, on the expiration of the carry interest period, the Bruneian enterprise will bear the costs of future operations in proportion to its participating interests in the petroleum mining Agreement.
4. The State Party may require as a contractual term that a Bruneian enterprise may acquire a participating interest, or increase its participating interest, in the joint venture or similar arrangement upon the occurrence of a stipulated event.
5. The terms “State Party”, “petroleum mining Agreement” and “petroleum” used herein shall have the meanings ascribed to them under the Act.
[...]
Sector:  Petroleum
Obligations Concerned: Performance Requirements (Article 9.10), Senior Management and Boards of Directors (Article 9.11)
Measures: Administrative Measures and Guidelines
Description: Investment
Foreign enterprises acting as operators in the upstream, midstream and downstream oil and gas industry may be: (a) contractually required to provide a portion of natural gas or manufactured petrochemical products and their derivatives in Brunei Darussalam for domestic use; or (b) required to appoint a certain percentage of Brunei nationals to management positions.
[...]
Sector:  Services supporting the petroleum industry
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Measures: Local Business Development Directive No. 2 of the Energy Department, Prime Minister’s Office
Description: Investment
1. A foreign national or enterprise shall not supply, or establish an enterprise to supply services in the upstream, midstream and downstream petroleum industry in the services listed in Appendix I – A, unless as may otherwise be authorised by the Government of Brunei Darussalam.[For the list of services in APPENDIX I – A, please cf. the link to TPP Agreement] 
2. Where a foreign national or enterprise has a contract for the provision of services listed in Appendix I – A, it may only provide such services through a Brunei national or Bruneian enterprise.
[...]
Sector:  Services supporting the petroleum industry
Obligations Concerned: Performance Requirements (Article 9.10), Senior Management and Boards of Directors (Article 9.11), Local Presence (Article 10.6)
Measures: Local Business Development Directive No. 2 of the Energy Department, Prime Minister’s Office
Description: Investment
1. A foreign national or enterprise may supply, or establish an enterprise to supply services in the upstream, midstream and downstream petroleum industry other than
those listed in Appendix I – A.[For the list of services in APPENDIX I – A, please cf. the link to TPP Agreement] 
2. Where the total approved contract value for the supply of services in paragraph 1 is more than BND 10 million, the foreign national or enterprise must comply with the following requirements: (a) appoint at least 40 per cent or more, Brunei nationals to the enterprise’s management positions in Brunei Darussalam within the duration of the contract period; (b) accord a preference to goods and services produced in Brunei Darussalam so that at least 40 per cent, or more, of goods and services are produced or purchased in Brunei Darussalam within the duration of the contract period; and (c) establish or maintain a representative office or any form of enterprise, or be resident in Brunei Darussalam, unless as may otherwise be authorised by the Government of Brunei Darussalam.
[...]
Sector:  Services supporting the petroleum industry
Sub-sector: Operation of Marine Supply Base and Shipyard
Obligations Concerned: National Treatment (Article 9.4), Market Access (Article 10.5)
Measures: Administrative Measures and Guidelines
Description: Investment
1. Foreign nationals or enterprises may not establish a marine supply base or shipyard to supply services to the oil and gas industry except through a joint venture with a Brunei national or Bruneian enterprise, and may not own more than 49 per cent equity shareholding in the joint venture.
2. The number of marine supply bases or shipyards in Brunei Darussalam may be subject to needs-based quantitative limits. [...]" (ANNEX I - SCHEDULE OF BRUNEI DARUSSALAM, Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP))
-----------------------------
"Interpretation. 2. In this Act unless the context otherwise requires — “Company” means the Brunei National Petroleum Company Sendirian Berhad referred to in Brunei National Petroleum Company Sendirian Berhad Order, 2002;
[...]
Ownership of petroleum. [S 5/02] 2A. The entire ownership of any petroleum extracted from any State Land shall vest in the holder of mineral rights unless otherwise expressly provided in any petroleum mining Agreement.
Mineral rights. [S 5/02] 2B. Mineral rights shall not be granted or otherwise transferred or assigned, unless expressly provided in any other written law or in any petroleum mining Agreement.
Invitation to bid. [S 34/92] 4. The State Party may invite persons to bid for a petroleum mining Agreement in respect of any Onshore State Land or Offshore State Land for the purposes of exploration, prospecting for and the mining of petroleum or any of them, and any person so bidding shall conform to such terms and conditions as are imposed by the State Party in the invitation to bid. Any person so bidding is referred to in the Act as “the applicant”. [...]" (PETROLEUM MINING ACT [Cap 44])
-----------------------------
"PART II - MINERAL RIGHTS 
Mineral rights within designated areas granted to Company. 
3. (1) His Majesty the Sultan and Yang Di-Pertuan in Council hereby grants to the Company all mineral rights within such area of State Land (in this Order referred to as a designated area) as His Majesty the Sultan and Yang Di-Pertuan in Council may from time to time allocate. (2) The granting of mineral rights under subsection (1) shall take effect upon the date of the decision of His Majesty the Sultan and Yang Di-Pertuan in Council issued in the form set out in the First Schedule. (3) Once granted to the Company in accordance with subsections (1.) and (2), mineral rights shall remain so granted to the Company until His Majesty the Sultan and Yang Di-Pertuan in Council has revoked in writing the decision referred to in subsection (2) but, in any case, for the full duration of and subject to any petroleum mining Agreement that the Company has entered into as State Party with any third party.
[...]
PART III - INCORPORATION AND ORGANISATION OF COMPANY 
Incorporation of Company. 
5. (1) The Prime Minister Corporation is hereby authorised to incorporate a private company limited by shares under the provisions of the Companies Act (Chapter 39), to be called the "Brunei National Petroleum Company Sendirian Berhad", in Malay "Syarikat Petroleum Kebangsaan Brunei Sendirian Berhad" or by the short form "Petroleum BRUNEI", which company, when incorporated, shall be subject to the provisions of this Order and of the Companies Act to the extent that the provisions of that Act are not inconsistent with the provisions of this Order, and where any such inconsistency exists the provisions of this Order shall prevail. (2) No person other than the Prime Minister Corporation shall become or remain a member of the Company.  [...]" (Brunei National Petroleum Company Sendirian Berhad Order, 2002)
-----------------------------
"PART 5 MINERAL RIGHTS
Power to grant mineral rights within State Land to Authority 
19. (1) His Majesty the Sultan and Yang Di-Pertuan in Council may at any time allocate and grant to the Authority all mineral rights within such area of State Land as His Majesty the Sultan and Yang Di-Pertuan in Council may determine. (2) Any grant of mineral rights under subsection (1) shall take effect upon the date of the decision of His Majesty the Sultan and Yang Di-Pertuan in Council. (3) Once granted to the Authority in accordance with subsection (1) or transferred to and vested in the Authority in accordance with section 28 or 37, mineral rights shall remain vested in the Authority until His Majesty the Sultan and Yang Di-Pertuan in Council has revoked in writing such mineral ikefttttftmzttietref-mmm- mining Agreement that the Authority has become a party to or entered into as a State Party with any third party. 
[...]
Validity of petroleum mining Agreements 20. (1) Nothing in this Act shall invalidate any petroleum mining Agreement made or entered into by any State Party before the appointed day or abrogate any of the rights or privileges conferred thereby: Provided that every such right or privilege shall be limited to the extent prescribed by such petroleum mining Agreement. (2) Any assignment or transfer of rights or duties of the State Party under the conditions of any petroleum mining Agreement to the Authority shall in no way prejudice the validity of any such petroleum mining Agreement.
[...]
Transfer of petroleum regulatory undertaking and mineral rights of Company 27. On the appointed day, the petroleum regulatory undertaking of the Company and the mineral rights of the Company shall be transferred to and shall vest in the Authority under this Act.
[...]
Company to cease to have authority to negotiate petroleum mining Agreements 29. (1) On the appointed day, the Company shall cease to have any authority or right as a holder of mineral rights to negotiate, conclude and implement any petroleum mining Agreement, including, without limitation, any Company petroleum mining Agreement: Provided that the Company shall continue to have such rights and obligations under a Company petroleum mining Agreement insofar as they relate to excluded property or excluded liabilities. (2) The Company shall, on and from the appointed day, cease to be a State Party under or for the purposes of the Petroleum Mining Act (Chapter 44). [...]" ( PETROLEUM AUTHORITY OF BRUNEI DARUSSALAM [Cap 123], 2019)
-----------------------------
"(2) Scope - This Directive on Bruneianisation in the Oil and Gas Industry (No.1/2018) (herein referred to as "Directive") shall be adopted by all upstream, midstream and downstream operators in the oil and gas industry (herein referred to as "Companies").
(3) Ultimate Goal - The ultimate goal of this Directive is to achieve a minimum 90% Bruneians at all Levels and skill-pools in the Companies. Depending on their current status, Companies shall achieve a minimum 5% to 10% year on year improvement in employing Bruneians. 
(4) Strategic Objectives - The strategic objectives of this Directive are to: (a) Ensure Bruneians are leading and driving the oil and gas industry in Brunei Darussalam; (b) Maximise employment opportunities for Bruneians at all Levels in the organisation; [...]" (DIRECTIVE ON BRUNEIANISATION IN THE OIL AND GAS INDUSTRY (No.1/2018))
-----------------------------
"1.3. Scope  This document applies to all contracting activities (procurement of materials and contracting of services) undertaken by Operators, Contractors and SubContractors in the Oil & Gas industry in Brunei Darussalam.
[...]
2. Objectives   The three main objectives of the Directive 2 on Local Business Development (LBD) Framework for the Oil & Gas Industry are:  To increase the country’s economy through use of local goods and services  To create employment opportunities for locals and ensure employment of locals.  To develop truly Bruneian businesses that are able to compete regionally
3. General Guidelines   The LBD Framework Directive is to be applied to all new contracts and purchase orders. Existing contracts and supply agreements shall be aligned with the Directive upon its next contract extension.  The LBD requirements are to be included as part of the contract terms and conditions with the obligatory tracking and reporting of progress at regular intervals. 
4. Specific Guidelines   4.1. Reference to Directive 2, item 1(i).  The prioritisation on the use of local goods and services – this is implemented via the Local Business Development (LBD) Framework which includes targets for employment of locals and amount of local content. [...]
4.5. Reference to Directive 2, item 1(v).  Local financial institutions and local investors refer to those institutions or investors based in Negara Brunei Darussalam. These will include foreign institutions with a local branch or subsidiary in Brunei Darussalam such as Standard Chartered Bank Brunei or HSBC Brunei. [...]
4.8. Reference to Directive 2, item 1(ix)  4.8.1. The LBD Allocation of Contracts (Framework) determines for each Quadrant (Basic, Development, Core and Highly Specialised) the following:   Eligible Contractors to participate in the bids under the work categories defined in the Quadrants e.g. open to Bumiputra companies only (Basic Quadrant) or Local companies only (Development Quadrant). Targets for Local Employment, Locals in Management positions, amount of Local Content and the utilization of local Sub-Contractors.  These are targets to be progressed and achieved at the end of the primary contract period.  The targets are to be included as part of any contracts or agreements put in place by the Operators or Contractors.   All companies are required to be registered under the Companies Act (Cap 39) with the exception of those companies participating in the Basic Quadrant where minimum requirement is to be registered under the Business Names Act (Cap 92). 
[...]
Appendix 1b – DIRECTIVE 2 ON LBD FRAMEWORK FOR THE OIL & GAS INDUSTRY [...]
LBD Allocation of Contract [not reproduced here; see link]
[...]
Appendix 3 - Terminology [...]
Brunei Citizens:  Brunei Citizens means subjects of His Majesty the Sultan and Yang Di-Pertuan holding a Brunei Yellow Identity Card.  
Bumiputra:  Brunei Citizens belonging to one of the indigenous groups of the Malay race, namely, Belait, Bisayah, Brunei, Dusun, Kedayan, Murut or Tutong. 
Bumiputra company:  Fully owned by Bumiputra, actively managed by Owners /Proprietors and registered under the Companies Act (Cap 39). Exception for Basic Quadrant – minimum is to be registered under the Business Names Act (Cap 92) [...]
Local (in “ownership of company:  context): Brunei Citizens means subjects of His Majesty the Sultan and Yang Di-Pertuan holding a Brunei Yellow Identity Card.
Locals (in ‘employment” context):  Brunei citizens and Permanent Residents (PRs)
Local company: Fully owned by Brunei Citizens, actively manage by owner/proprietors and registered under the Companies Act (Cap 39).
Joint venture company: Joint equity participation between Local Company & International partner(s), actively managed by both parties and registered under the Companies Act (Cap 39).
Local Content: The sum of value added or created in the Bruneian economy through the use of local employment, goods and services.   Employment spend in country is defined as any costs of locally-based staff (local and nonlocal) including TAP, all subsistence costs and any other costs.  To assume 100 % of the costs for local staff and 50 % of the costs for non-local staff.  Goods and services spend in country is defined as spending on any services rendered/purchases of materials/equipment in Brunei, monies paid to Sub-Contractors or suppliers in Brunei. [...]" (GUIDELINES for Directive 2 on Local Business Development Framework for the Oil & Gas Industry)
ANNEX I - SCHEDULE OF BRUNEI DARUSSALAM, Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
PETROLEUM MINING ACT [Cap 44]
Brunei National Petroleum Company Sendirian Berhad Order, 2002
PETROLEUM AUTHORITY OF BRUNEI DARUSSALAM [Cap 123], 2019
DIRECTIVE ON BRUNEIANISATION IN THE OIL AND GAS INDUSTRY (No.1/2018)
GUIDELINES for Directive 2 on Local Business Development Framework for the Oil & Gas Industry
[<a href="https://www.mfat.govt.nz/assets/Trade-agreements/TPP/Annexes-ENGLISH/Annex-I.-Brunei.pdf">CPTPP</a>],[<a href="https://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/cap044.pdf">Act</a>],[<a href="https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2002/EN/s006.pdf">Order</a>],[<a href="https://www.pa.gov.bn/wp-content/uploads/2022/04/PA-Act.pdf">Act</a>],[<a href="https://www.energy.gov.bn/Shared%20Documents/Directive%20on%20Bruneianisation%20in%20the%20Oil%20and%20Gas%20Industry%20No.%201-2018.pdf">Directive</a>],[<a href="https://www.energy.gov.bn/Shared%20Documents/LBD/Directives%20and%20Guidelines/Directive%20Guidelines%20-%20final%20-%2019%20April%202012.pdf">Guidelines</a>]