FAQ
CERTIFICATE OF ACKNOWLEDGEMENT
OFFICIAL SECRETS ACT (CHAPTER 153)
All Government officers and employees must sign a Certificate of Acknowledgment of a specific Official Secrets Act as soon as they begin their service, are serving, or will leave government service if they hold or perform any positions that control, store, manage, or have access to any classified material or document, according to Prime Minister's Office Circular Letter No: 2/2000 related to the Section 5 of Official Secrets Act (Chapter 153).
Borang OSA 1
| -
| Those officers or employees who began working for the Government of Brunei, whether on a permanent basis or temporarily, who were given access to classified information. This includes officers or employees who gain access to new classified information due to a change of position or transfer of duties.
|
| Borang OSA 2 | -
| Those officers or employees who will leave their positions in Government service (retire / quit / be terminated).
|
| Borang OSA 3 | -
| Private companies that carry out projects for the Government of Brunei and will be given access to classified information of the Government.
|
1) Is it necessary for employees who carry out a lot of tasks outside the building (office) like unskilled labourers to sign the OSA Acknowledgment Certificate?
➢ Unskilled labourers such as carpenters, drivers, and the like are exempted from signing the OSA Acknowledgment Certificate unless they are given access to classified Government information by the Head of Department concerned.
2) There has been a security breach involving classified Government information that was committed by an officer or employee. Given that he did not sign the OSA Acknowledgment Certificate, is he still subject to prosecution under the Official Secrets Act?
➢ Despite the fact that he never signed the OSA Acknowledgement Certificate during his time serving in the Government of Brunei, the security violation is nonetheless subject to prosecution under the Official Secrets Act.
The Official Secrets Act makes negligence a crime in addition to protecting and preventing official secrets of the Government of Brunei Darussalam from being obtained by unauthorized parties. Infractions of Section 18 (1) and Section 5 (d) of the Official Secrets Act (Chapter 153) are punishable by imprisonment for a period not exceeding two (02) years and a fine not exceeding ten thousand ringgit.
3) Is a copy of the Certificate of Acknowledgment acceptable in place of the original form?
➢ Neither the JPM Circular nor Section 5 of the Official Secrets Act contains any particular provisions on the format or procedure for written statements. As a result, the signature on the copy form is regarded as legitimate.
4) Does the OSA Acknowledgement Certificate have to be signed in front of a magistrate?
➢ The Official Secrets Act makes no mention of the requirement for acknowledgement issued under the Act to be made in front of a magistrate. Therefore, officers or employees only need to sign the form in front of the head of department or a representative to do so. Additionally, the department must disclose the type or form of classified information that will be accessible to him and that must be protected by such officers or employee.
5) The signed OSA Acknowledgement Certificate should be kept by whom?
➢ There is no need to provide a copy of the signed form to any other parties including the Internal Security Department; instead, it should be retained in the officer's or employee's personal file at the concerned department.
6) Is a former officer or employee of the Government of Brunei permitted to disclose any classified information of the Government that he has ever received?
➢ All residents of Brunei Darussalam, whether citizens of His Majesty the Sultan or otherwise, are responsible for maintaining the security, peace, and stability of the country by keeping any classified information to which they have been granted access. In accordance with the Official Secrets Act and other relevant laws, failure to do so may result in legal action being taken against him.
7) What are the best practices regarding the handling of classified Government information?
➢ The "need to know basis," which requires that the parties who will be granted access to the information be evaluated first, needs to be put into practice in Government agencies. When assessing an officer or employee who will be shared with classified information, it is important to consider issues such "Does he need to know this to perform his duties?" and "Can he be trusted to keep the secrets of the Government?" first.
Download the Official Secret Act Form
