Foreign Interference (Countermeasures) Act 2021/Part 4

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PART 4
DESIGNATING POLITICALLY SIGNIFICANT PERSONS

Designating non-individual

47.—(1) The competent authority may designate a relevant entity to be a Part 4 politically significant entity if—

(a) the activities of the relevant entity are directed in part towards a political end in Singapore within the meaning of section 8; and

(b) in the competent authority’s opinion it is in the public interest that countermeasures in Part 5 or 6 ought to be applied in relation to that relevant entity.

(2) In deciding whether a relevant entity should be designated (or continue to be designated) a Part 4 politically significant entity under subsection (1), or a relevant entity’s designation as a Part 4 politically significant entity should be cancelled under subsection (3), the competent authority must have regard to, and give such weight as the competent authority considers appropriate to, such matters and evidence as may be relevant, including the giving of a disgorgement direction against the person or any associates of the person.

(3) A designation may be cancelled at any time by the competent authority in writing; and the competent authority must cause the giving of notice of the cancellation—

(a) in the same manner in which the notice of the designation order was first given; or

(b) if paragraph (a) is not practicable, in a manner as will secure adequate notice to the person designated of the fact of the cancellation.

(4) The competent authority may exercise the power under subsection (1) or (3) in relation to a relevant entity—

(a) on the application of the relevant entity; or

(b) on the competent authority’s own volition.

(5) For the purposes of subsection (2), an individual or a person (A) is an associate of a relevant entity if—

(a) A is a related corporation of the relevant entity;

(b) A is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to engage in conduct in accordance with the directions, instructions or wishes of the directors of the relevant entity;

(c) the relevant entity is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to engage in conduct in accordance with the directions, instructions or wishes of A or, where A is a corporation, of the directors of A;

(d) A is a person who is accustomed or under an obligation, whether formal or informal, to engage in conduct in accordance with the directions, instructions or wishes of the directors of the relevant entity;

(e) the relevant entity is a person who is accustomed or under an obligation, whether formal or informal, to engage in conduct in accordance with the directions, instructions or wishes of A or, where A is a corporation, of the directors of A; or

(f) A is related to the relevant entity in such other manner as may be prescribed by Regulations.

Designating individual as politically significant person

48.—(1) The competent authority may designate a relevant individual to be a politically significant person if—

(a) any of the following circumstances exists:

(i) the relevant individual is a member of a foreign legislature or a foreign political organisation;

(ii) the activities of the relevant individual (whether alone or in collaboration or under any arrangement with another individual) are directed in part towards a political end in Singapore within the meaning of section 8; and

(b) in the competent authority’s opinion, it is in the public interest that countermeasures in Part 5 or 6 ought to be applied in relation to that relevant individual.

(2) In deciding whether a relevant individual should be designated (or continue to be designated) a politically significant person under subsection (1), or a relevant individual’s designation as a politically significant person should be cancelled under subsection (3), the competent authority must have regard to, and give such weight as the competent authority considers appropriate to, such matters and evidence as may be relevant, including the giving of a disgorgement direction against the individual or any associates of the individual.

(3) A designation may be cancelled at any time by the competent authority in writing; and the competent authority must cause the giving of notice of the cancellation—

(a) in the same manner in which the notice of the designation order was first given; or

(b) if paragraph (a) is not practicable, in a manner as will secure adequate notice to the individual designated of the fact of the cancellation.

(4) The competent authority may exercise the power under subsection (1) or (3) in relation to a relevant individual—

(a) on the application of the relevant individual; or

(b) on the competent authority’s own volition.

(5) For the purposes of subsection (2), an individual or a person (A) is an associate of a relevant individual if—

(a) A is a related corporation of the relevant individual;

(b) A is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to engage in conduct in accordance with the directions, instructions or wishes of the relevant individual;

(c) the relevant person is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to engage in conduct in accordance with the directions, instructions or wishes of A or, where A is a corporation, of the directors of A;

(d) A is a person who is accustomed or under an obligation, whether formal or informal, to engage in conduct in accordance with the directions, instructions or wishes of the relevant individual;

(e) the relevant individual is a person who is accustomed or under an obligation, whether formal or informal, to engage in conduct in accordance with the directions, instructions or wishes of A; or

(f) A is related to the relevant individual in such other manner as may be prescribed by Regulations.

Opportunity to be heard before designation, etc.

49.—(1) Before the competent authority, on its own volition, designates a relevant entity or relevant individual under section 47(1) or 48(1), the competent authority must, unless the competent authority considers it not practicable or desirable to do so in any particular case—

(a) give notice of the competent authority’s intention to do so to the entity or individual concerned; and

(b) give that entity or individual (as the case may be) 14 days after the date of the notice (or such longer time as the competent authority may specify in the notice) to make representations on the proposed designation.

(2) Once a designation is made under section 47(1) or 48(1), the competent authority must, without delay, give notice of the designation as follows:

(a) to the relevant entity or relevant individual who is designated;

(b) to any other person who, in the competent authority’s opinion, ought to have notice of the designation.

(3) A designation under section 47(1) or 48(1) of a relevant entity or relevant individual as a politically significant person has effect during the period—

(a) starting when notice of the designation is given to the person concerned under subsection (2), or at any later time specified in the notice of designation where so specified; and

(b) ending when the designation is cancelled under section 47(3) or 48(3).