Legal Information
While in Brunei, U.S. citizens are subject to its laws and regulations. Persons violating the law in Brunei, even unknowingly, may be fined, arrested, caned and/or deported. If detained, a U.S. citizen will have to go through the Bruneian legal process for being charged, prosecuted, and possibly convicted and sentenced. It is important to keep in mind that the legal process is Brunei can differ significantly from the one in the United States and may not provide the same protections available in the United States.
The U.S. Embassy will do all that it can to ensure that a U.S. citizen accused of a crime in Brunei is not discriminated against under local Bruneian law, but it will not be guarantee the same protections available under U.S. law.
U.S. consular officers provide a wide variety of services to U.S. citizens arrrested abroad and their families; however, they cannot interfere in the Bruneian judicial process.
If a U.S. citizen is arrested, ACS Consular Officials should be notified immediately. This may be done by the police at the time of arrest, or by a friend or relative of the detainee.
A Consular Officer may do the following:
- Visit a U.S. citizen in jail after being notified of the arrest
- Regularly visit a U.S. citizen detained in Singapore. During these visits, the consular officer can check on the health and well being of the detainee, and the treatment provided by the Bruneian authorities
- Notify a family member or friend of the arrest and relay any requests the detainee may have
- Assist family and friend in the U.S. who wish to send money to the detainee
- Provide information about judicial process in Brunei
- Provide a list of local attorneys
- Facilitate communications with family, friends, and legal counsel (subject to local law and regulations)
- Work to ensure that the detainee receives fair and humane treatment in accordance with Brunei law and international norms
- Follow the process of the case in the judicial system
- Transfer money, food, cloting and other items such as reading materials to the prison authorities from family, friends and/or donated by the local community (subject to local laws and regulations)
- Provide dietary supplements (vitamins/minerals), if necessary
- Provide information on U.S. government loans available to prisoners under the Emergency Medical/Dietary Assistance (EMDA) program for destitute Americans incarcerated abroad
- Arrange for medical and dental care, if not provided by prison authorities (tobe paid for from detainee's funds)
- Protest by mistreatment by local officials while incarcerated
A Consular Officer cannot do the following:
- Intervene in the Bruneian justice system or get U.S. citizens released from jails
- Represent a U.S. citizen in legal proceedings ir give legal advice
- Pay legal fees and/or fines with U.S. Government funds
- Contract an attorney to represent a U.S. citizen in court
- Provide funds for bail
Privacy Act
The provisions of the Privacy Act are designed to protect the privacy and rights of Americans, but occassionally they complicate our eforts to assist citizens abroad. As a rule, consular officers may not reveal information regarding an individual American's location, welfare, intentions, or problems to anyone, including family members and Congressional representatives, without the expressed consent of that individual. Although sympathetic to the distress this can cause concerned families, consular officers must comply with the provisions of the Privacy Act.
Additional information can be found on the State Department's website at Arrest or Detention of an American Citizen Abroad.
Information regarding criminal penalties in Brunei can be found at State Department webpage for Brunei's Country Specific Information.