Brunei–Malaysia border
The Memorandum of Understanding on the Process for the Joint Demarcation and Survey of the Land Boundary was then signed on 19 March 2012 in Johor Bahru, Malaysia, during the 8th Malaysia–Brunei Darussalam Meeting on the Implementation of the 2009 Exchange of Letters.
[13] In August 2023, 132.25 km equivalent to 25% of the total land boundary length had been demarcated and surveyed,[14] and a year later in August 2024, 175.96 km or 33.3% of the total land boundary length had been demarcated and surveyed, resulting in the signing of the Memorandum of Understanding during the 25th Annual Leaders' Consultations held in Brunei.
During the 25th Annual Leaders' Consultations, an Exchange of Notes at the Ministerial-level was also signed in relation to the demarcation and survey for Sector F-G.
Brunei and Malaysia still adhere to the British Orders in Council to define their territorial waters, where it was referred to in the Joint Statement made after the 18th Annual Leaders' Consultation between the Sultan of Brunei and Prime Minister of Malaysia on 3 November 2014 when reference was made to the Sarawak (Definition of Boundaries) Order in Council 1958 No 1518 as part of the boundary definition process under the terms agreed upon in the 2009 Exchange of Letters.
[18] Brunei's eastern border with Sarawak stretches seaward from terminus of the eastern land border of the Sultanate's Temburong District at the mouth of the Bangau River with the Bay of Brunei, along straight lines joining a set of turning points until the Brunei-Sabah-Sarawak tripoint in the middle of the bay, as described in both the Sarawak (Definition of Boundaries) Order in Council 1958 No 1518[19] and North Borneo (Definition of Boundaries) Order in Council 1958 No 1517[20] as a "position bearing 050 degrees, distant 10.5 miles from Sapo Point light-structure".
The border, now with Sabah and based on the North Borneo (Definition of Boundaries) Order in Council 1958 No 1517, then continues in straight lines joining a set of turning points to the mouth of Brunei Bay at a point defined as 310¾ degrees, distant 20.4 miles from Pelong Rocks light-structure which is sited at coordinates at 5°4′45″N 115°3′9″E / 5.07917°N 115.05250°E / 5.07917; 115.05250.
[22] Brunei's EEZ claim would include waters surrounding the Spratly Islands in the South China Sea.
The Exchange of Letters signed on 16 March 2009 by the two countries provided for Malaysia's recognition of Brunei's territorial waters which it had earlier disputed.
In 1842, Sultan Omar Ali Saifuddien II ceded complete sovereignty of Kuching, Sarawak, to the British soldier James Brooke and installed him as the White Rajah in return for quelling a rebellion against him.
The treaty between the Sultanate and Britain in 1888, which resulted in Brunei becoming a British Protectorate, did not manage to halt the loss of territory.
The various disputes were deemed settled by both governments with the signing of the Exchange of Letters on 16 March 2009 in Bandar Seri Begawan by the Sultan of Brunei Hassanal Bolkiah and Malaysian Prime Minister Abdullah Ahmad Badawi.
With the Exchange of Letters on 16 March 2009, the territorial dispute involving Limbang was deemed solved in Malaysia's favour.
Subsequently, in 2003, Malaysia's national petroleum company Petronas awarded concessions to its subsidiary Petronas Carigali Sdn Bhd and US-based Murphy Sabah Oil Co. Ltd for two areas, which Malaysia calls Block L and Block M, which lie exactly within the area claimed by Brunei as part of its continental shelf/EEZ.
After a tense stand-off involving a single patrol craft from Brunei, Total backed off and both sides stopped work in the disputed areas.
[3] Brunei however immediately denied Malaysian press reports, saying the Limbang Question was never discussed during negotiations for the Exchange of Letters.
[25] In 2009, with the report from Brunei media, they announced an end to claim over each other's land, and said to resolve issues related to their maritime borders.
In addition, the two countries agreed to push for the joint demarcation and survey of their common boundary, through the establishment the necessary structures and processes to carry this out.
The Memorandum of Understanding on the Process for the Joint Demarcation and Survey of the Land Boundary was signed on 19 March 2012 in Johor Bahru, Malaysia, during the 8th Malaysia–Brunei Darussalam Meeting on the Implementation of the 2009 Exchange of Letters.
The agreement also provided for the final delimitation of the maritime boundaries between the two countries in the South China Sea and Brunei Bay, as well as for an area of joint development for energy resources.
[3] South China Sea Details of the 2009 Exchange of Letters were not revealed immediately after the signing on 16 March 2009 and news and information regarding the implementation of the terms the agreement, as well as its impact, has been scarce.
Following a spat which was played out in the media between former Malaysian prime minister Abdullah Ahmad Badawi, who was a signatory of the 2009 Exchange of Letters, and his predecessor Mahathir Mohamad, Abdullah revealed that the 2009 Exchange of Letters settled the issue of sovereignty of the area in dispute whereby "sovereign rights of the resources" in the disputed area "belonged to Brunei".
[citation needed] The spat began when Mahathir accused Abdullah of "signing away" Malaysia's rights over hydrocarbon resources in the area, specifically in Blocks L and M, in exchange for Brunei giving its claim over Limbang.
His comments followed the announcement by Murphy Oil Corp which said that its production sharing contract with Petronas for two petroleum blocks which were situated within Brunei's EEZ claim, had been terminated because they were "no longer a part of Malaysia".
It added that the settlement of the territorial dispute through the signing of the 2009 Exchange of Letters has allowed it to enter into new production sharing contracts for the two blocks.
It stated that the decision to recognise this was given effect through the 2009 Exchange of Letters was based on the provisions of the United Nations Convention of the Law of the Sea.
However, in its preliminary submission[17] which it lodged with the commission on 12 May 2009, it gave notice of its intention to claim a continental shelf beyond its 200 nautical mile limit.
A Memorandum of Understanding between Brunei National Petroleum Company and Petroliam Nasional Berhad (PETRONAS) on Cooperation in the Oil and Gas sector was subsequently signed although the date is unknown.
[40] On 21 September 2010, a Deed of Amendment to the original Production Sharing Agreement for CA1 which was sealed in 2003, was signed between the Brunei National Petroleum Company on one hand, and Petronas Carigali, a subsidiary of Malaysia's Petroliam Nasional Berhad (Petronas) and Canam Brunei, a wholly owned subsidiary of Murphy Oil Corporation.
During the 15th Annual Brunei-Malaysia leaders' consultation which was held on 12 September 2011, the Sultan of Brunei Hassanal Bolkian and Malaysian Prime Minister Najib Razak released a joint statement declaring that the Brunei National Petroleum Company and Petroliam Nasional Berhad (PETRONAS) will work on a joint undertaking in Brunei Darussalam's 883-square kilometre Block N under the framework of a production sharing contract,[42] while an announcement after the 16th Annual leaders' consultation added the 1,115-square kilometre Block Q as well as downstream activities.
The Production Sharing Agreements awarded by PetroleumBRUNEI to PETRONAS Carigali Brunei Ltd and Shell Deepwater Borneo Ltd for Blocks N and Q were signed on 8 December 2013 in conjunction with the 17th Annual Malaysia-Brunei Leaders' Consultation held in Bandar Seri Begawan.
