Foreign Interference (Countermeasures) Act 2021
Appearance
REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority
NO. 34]
FRIDAY, NOVEMBER 26
[2021
First published in the Government Gazette, Electronic Edition, on 25 November 2021 at 5 pm.
The following Act was passed by Parliament on 4 October 2021 and assented to by the President on 29 October 2021:—
FOREIGN INTERFERENCE (COUNTERMEASURES) ACT 2021
(No. 28 of 2021)
ARRANGEMENT OF SECTIONS
PART 1 PRELIMINARY | |
Section | |
---|---|
1. | Short title and commencement |
2. | Purposes of Act |
3. | General interpretation |
4. | Meaning of “foreign principal” and associated terms |
5. | Engaging in conduct, etc., on behalf of foreign principal |
6. | Meaning of “foreign interference” |
7. | Meaning of “in the public interest” |
8. | Meaning of “directed towards a political end in Singapore” |
9. | Meaning of “influencing Singapore governmental decisions”, etc. |
10. | Undertaking “electronic communications activity” or “online communications activity” |
11. | When is information provided, posted or removed from social media service, etc. |
12. | Meaning of “publish in Singapore” and associated terms |
13. | Supplementary interpretive provisions for communications activity |
14. | Meaning of “politically significant person” |
15. | Meaning of “value” in relation to donations and benefits |
16. | Determining purpose of an activity |
PART 2 FOREIGN INTERFERENCE BY ELECTRONIC COMMUNICATIONS ACTIVITY | |
17. | Clandestine foreign interference by electronic communications activity |
18. | Clandestine foreign interference of target using electronic communications activity |
19. | Preparing for or planning an offence under section 17 or 18 |
PART 3 DIRECTIONS AGAINST HARMFUL FOREIGN ONLINE COMMUNICATIONS ACTIVITY | |
Division 1—Ministerial powers | |
20. | Authorisation by Minister for direction to be given |
21. | Authorisation by Minister for anticipatory direction |
22. | Self-initiated cancellation or variation of authorisation |
23. | Reconsideration by Minister of authorisation |
24. | Proscribed online location—declaration |
25. | Self-initiated revocation or variation of declaration |
26. | Reconsideration by Minister of declaration of proscribed online location |
27. | Public notice of revocation of declaration |
28. | Authorisation regardless of offence |
Division 2—Part 3 directions | |
29. | Types of Part 3 directions |
30. | Stop communication (end-user) direction—content |
31. | Disabling direction—content |
32. | Must-carry directions—content |
33. | Access blocking direction—content and preconditions |
34. | Account restriction direction—content |
35. | Service restriction direction—content |
36. | Technical assistance direction—content |
37. | App removal direction—content and preconditions |
38. | Disgorgement direction—content |
Division 3—Special provisions for proscribed online location | |
39. | Operating proscribed online location |
40. | Providing support to proscribed online location |
41. | Advertising dealings concerning proscribed online location |
Division 4—Supplementary provisions on Part 3 directions | |
42. | Content and effect of directions—general |
43. | Service of Part 3 directions |
44. | Publicity regarding non-compliance with directions |
45. | Offence of non-compliance with directions |
46. | Non-disclosure of technical assistance directions |
PART 4 DESIGNATING POLITICALLY SIGNIFICANT PERSONS | |
47. | Designating non-individual |
48. | Designating individual as politically significant person |
49. | Opportunity to be heard before designation, etc. |
PART 5 COUNTERMEASURES FOR DONOR ACTIVITIES | |
Division 1—General | |
50. | Application according to capacity |
51. | Meaning of “political donation” |
52. | What is not a political donation |
53. | Meaning of “reportable political donation” |
54. | When is political donation accepted |
55. | Other definitions for Part 5 |
Division 2—Restrictions on accepting political donations | |
56. | Political donations from impermissible donors, etc. |
57. | Anonymous donations |
58. | Applicable cap on anonymous political donations |
59. | Return of anonymous political donations |
60. | Return of political donations |
61. | Forfeiture of prohibited political donations, etc. |
Division 3—Reporting and accounting of political donations | |
62. | Disclosing reportable political donations |
63. | When disclosure of reportable political donations to be made |
64. | Who is responsible for disclosing reportable political donations |
65. | Accompanying declaration to donation report |
66. | Separate accounts for political donations (political donations fund) |
Division 4—Stepped up countermeasures for Part 4 politically significant persons | |
67. | Prohibited donor directive |
68. | Anonymous donations directive |
69. | Political donations fund directive |
Division 5—Donor obligations | |
70. | Major political donor reporting |
71. | Directive affecting major donors |
72. | Duty when donating on behalf of others |
Division 6—Offences | |
73. | Late donation reports, etc. |
74. | False or misleading donation reports and declarations |
75. | Evasion and intentional acceptance of impermissible donations, etc. |
PART 6 COUNTERMEASURES FOR OTHER ACTIVITIES | |
Division 1—Foreign affiliations | |
76. | Disclosure of foreign affiliation |
77. | When to make foreign affiliations report |
78. | What is reportable arrangement |
79. | Reporting involvement in foreign political organisation, etc. |
Division 2—Published-by requirement for foreign-linked political matters | |
80. | Application and interpretation |
81. | Transparency directive for publishing political matters with foreign link |
82. | What is political matter with foreign link |
Division 3—Stepped up countermeasures | |
83. | Directive prohibiting foreign membership, responsible officer, etc. |
84. | Directive to end affiliation, etc., with foreign principal |
85. | Directive prohibiting, etc., foreign volunteers |
Division 4—Offences | |
86. | Late Part 6 reports, etc. |
87. | False or misleading Part 6 reports and declarations |
PART 7 CONDITIONS FOR STEPPED UP COUNTERMEASURES | |
88. | Circumstances where Part 5 or 6 directive may be given |
89. | Content and effect of directives: general |
90. | Process of giving directives: general |
91. | Offences involving directives to politically significant persons |
PART 8 OVERSIGHT ARRANGEMENTS | |
Division 1—Rights of appeal | |
92. | Right of appeal against authorisation for Part 3 directions, etc. |
93. | Right of appeal against competent authoritys decisions |
Division 2—Reviewing Tribunals for section 92 appeals | |
94. | Reviewing Tribunals—composition |
95. | Reviewing Tribunals—remuneration and other terms |
96. | Reviewing Tribunals—resources |
97. | Reviewing Tribunals—function |
98. | Procedure before Reviewing Tribunal |
99. | Rules for Reviewing Tribunal proceedings |
Division 3—Section 93 appeals | |
100. | Appeals to Minister |
101. | Minister’s function on appeal |
102. | Advisory body for section 93 appeals |
Division 4—General | |
103. | Effect of appeal on decision appealed against |
104. | Limited judicial review |
PART 9 ADMINISTRATION AND ENFORCEMENT | |
105. | Competent authorities |
106. | Alternate arrangements during election period, etc. |
107. | Authorised officers |
108. | Power to obtain information |
109. | False or misleading information, etc. |
110. | Offences by corporations |
111. | Offences by unincorporated associations or partnerships |
112. | Arrestable and non-bailable offences |
113. | Jurisdiction of courts |
114. | Composition of offences |
115. | Extra-territorial application of offences |
116. | Public notice of Part 5 or 6 directives, etc. |
PART 10 MISCELLANEOUS | |
117. | Interface with other laws |
118. | Other causes of action not affected |
119. | Liability for complying with directions and directives, etc. |
120. | Exempt activities |
121. | Service of documents |
122. | Regulations |
123. | Repeal |
PART 11 AMENDMENTS TO OTHER ACTS AND FINAL PROVISIONS | |
124. | Amendment of Parliamentary Elections Act 1954 |
125. | Amendment of Presidential Elections Act 1991 |
126. | Amendment of Societies Act 1966 |
127. | Saving and transitional provisions |
This work is Singaporean legislation (Act of Parliament or subsidiary legislation), which is copyrighted in Singapore for 70 years after publication pursuant to
- sections 114(1) and 136(1)(b) of the Copyright Act 2021, or
- section 197(3)(b) of the repealed Copyright Act (Cap. 63, 2006 Rev. Ed.) for legislation published before 21 November 2021.
However, as an edict of a government, it is in the public domain in the U.S.
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