Foreign Interference (Countermeasures) Act 2021/Part 5

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PART 5
COUNTERMEASURES FOR DONOR ACTIVITIES

Division 1—General

Application according to capacity

50.—(1) Without limiting section 2, this Part establishes a transparent system for donations for political purposes by creating certainty about who is making a political donation and by requiring the donor to be properly identified.

(2) To avoid doubt—

(a) an individual may at any one time be 2 or more of the following:

(i) a candidate;

(ii) a Member of Parliament;

(iii) a political office holder,

and this Part may impose duties or liabilities on the individual accordingly;

(b) this Part may at any one time impose the same duty or liability on 2 or more individuals or persons, whether in the same capacity or in different capacities; and

(c) a duty or liability imposed by this Part on any person is not diminished or affected by the fact that it is imposed on one or more other persons, whether in the same capacity or in different capacities.

Meaning of “political donation”

51.—(1) In this Act, “political donation”, in relation to a candidate at an election or the election agent of a candidate, means any of the following which is made to or for the benefit of a candidate (whether before or after he or she becomes a candidate) with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at the election, or prejudicing the electoral prospects of another candidate at that election:

(a) any gift of money or other property to the candidate or the candidate’s election agent;

(b) any money spent (otherwise than by the candidate as permitted by any other written law) in paying any expenses incurred, directly or indirectly, by the candidate or by his or her election agent or any person authorised by the candidate’s election agent;

(c) any money lent to the candidate or the candidate’s election agent otherwise than on commercial terms;

(d) the provision otherwise than on commercial terms of any property, services or facilities (including the services of any person) to the candidate or the candidate’s election agent;

(e) the provision of any sponsorship in relation to the candidate;

(f) any voluntary labour or voluntary professional services carried out.

(2) In this Act, “political donation”, in relation to a political party, means any of the following made to or for the benefit of the political party:

(a) any gift of money or other property to the political party;

(b) any money spent (otherwise than by the political party or a person acting on its behalf) in paying any expenses incurred, directly or indirectly, by the political party;

(c) any money lent to the political party otherwise than on commercial terms;

(d) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the political party (including the services of any person);

(e) the provision of any sponsorship in relation to the political party;

(f) any subscription or other fee paid for affiliation to, or membership of, the political party;

(g) any voluntary labour or voluntary professional services carried out.

(3) In this Act, “political donation”, in relation to a politically significant person who is a political office holder, means—

(a) any gift of money or other property;

(b) any money spent (otherwise than by the political office holder as permitted by any other written law) in paying any expenses incurred, directly or indirectly, by the political office holder;

(c) any money lent to the political office holder otherwise than on commercial terms;

(d) the provision otherwise than on commercial terms of any property, services or facilities (including the services of any person) to the political office holder;

(e) the provision of any sponsorship in relation to the political office holder; or

(f) any voluntary labour or voluntary professional services, made to or carried out for the benefit of the political office holder, the whole or part of which was lawfully used or is intended to be lawfully used by the political office holder solely or substantially for a purpose related to the duties of the political office holder.

(4) In this Act, “political donation”, in relation to a politically significant person who is a Member of Parliament (whether or not also a political office holder), means—

(a) any gift of money or other property;

(b) any money spent in paying any expenses incurred, directly or indirectly, by the Member of Parliament;

(c) any money lent to the Member of Parliament otherwise than on commercial terms;

(d) the provision otherwise than on commercial terms of any property, services or facilities (including the services of any person) to the Member of Parliament;

(e) the provision of any sponsorship in relation to the Member of Parliament; or

(f) any voluntary labour or voluntary professional services, made to or carried out for the benefit of the Member of Parliament, the whole or part of which was lawfully used or is intended to be lawfully used by the Member of Parliament solely or substantially for a purpose related to his or her duties as a Member of Parliament.

(5) In this Act, “political donation”, in relation to a senior political party official or a Part 4 politically significant person, means—

(a) any gift of money or other property;

(b) any money lent to the senior political party official or the Part 4 politically significant person otherwise than on commercial terms; or

(c) the provision otherwise than on commercial terms of any property, services or facilities (including the services of any person),

made to or carried out for the benefit of the senior political party official or the Part 4 politically significant person, the whole or part of which was used or is intended to be used by the senior political party official or the Part 4 politically significant person—

(d) to enable the person to make, directly or indirectly, a political donation to another politically significant person;

(e) to incur or defray expenditure for undertaking the person’s activities directed in whole or in part towards a political end in Singapore; or

(f) to reimburse the person for making a political donation mentioned in paragraph (d) or incurring or defraying expenditure mentioned in paragraph (e).

(6) For the purposes of subsection (4), the duties of a Member of Parliament are his or her activities that relate—

(a) to the promotion of or opposition to any Bill, resolution, matter or thing submitted or intended to be submitted for the consideration of Parliament or any committee of Parliament;

(b) to supporting or serving individuals registered as an elector for, or resident in, the constituency that the Member of Parliament is elected in;

(c) to his or her party political duties; or

(d) directly to his or her role as a Member of Parliament,

but do not include the duties of a Member of Parliament as a member of a Town Council or as a political office holder.

(7) For the purposes of subsection (4), the duties of a political office holder are his or her activities that relate—

(a) to the individual’s role as a holder of that political office; or

(b) where the political office holder is also a Member of Parliament, that relate predominantly to the individual’s role as the holder of that political office.

What is not a political donation

52.—(1) Despite section 51, the following are not political donations:

(a) any lawful transmission by a licensed broadcaster, free of charge, of a party political broadcast required under a condition of its licence;

(b) any postage-free election communications provided to candidates pursuant to any written law;

(c) any grant or subsidy provided by the Government or a public authority to a politically significant person for the benefit of that person in his or her personal capacity;

(d) the provision by an individual who is a citizen of Singapore of—

(i) the individual’s own services; or

(ii) the incidental or ancillary use of vehicles or equipment under the individual’s control,

which the individual provides voluntarily and free of charge (even if they fall within the course of his or her normal work);

(e) any interest accruing to a politically significant person in respect of any political donation which is dealt with by the politically significant person (as the case may be) in accordance with section 60(2).

(2) In the case of a candidate, the following are also not donations:

(a) any money or other property, or any services or facilities, provided out of public moneys for the personal security of the candidate;

(b) where the candidate is a political office holder, any remuneration or allowances paid to the candidate in his or her capacity as such.

(3) In the case of a Member of Parliament or a political office holder, the following are also not donations:

(a) any money or other property, or any services or facilities, provided out of public moneys for the personal security of the Member of Parliament or a political office holder;

(b) any remuneration or allowances paid to the Member of Parliament or a political office holder in his or her capacity as such;

(c) any gift given to the Member of Parliament or a political office holder in his or her capacity as such, in the course of a visit or an event hosted by a foreign State and which is immediately surrendered to the Government.

(4) In subsection (1), a licensed broadcaster is a person who is licensed under the Broadcasting Act 1994 to provide broadcasting services.

Meaning of “reportable political donation”

53.—(1) In this Act, a “reportable political donation” is—

(a) in the case of disclosure under section 62 by a politically significant person—a political donation of or exceeding $10,000 (or a higher amount prescribed by Regulations in substitution) made to or for the benefit of that politically significant person; or

(b) in the case of disclosure under section 70 by a major political donor—a political donation of or exceeding $10,000 (or a higher amount prescribed by Regulations in substitution) made to or for the benefit of a politically significant person.

(2) A political donation of less than an amount specified in subsection (1)(a) or (b) made by a person (called a donor) to a politically significant person must be treated as a reportable political donation of the politically significant person if—

(a) that political donation made by the donor in a reporting period to the politically significant person; and

(b) another earlier, separate political donation made by that donor to the same politically significant person within the same reporting period,

would, if aggregated, constitute a reportable political donation under subsection (1)(a) or (b), as the case may be.

When is political donation accepted

54.—(1) Subject to subsections (2) and (3), a political donation is accepted—

(a) by a candidate if it is received and retained by the candidate, or his or her election agent, for the purposes of the candidate’s election;

(b) by an election agent of a candidate if it is received and retained by the election agent for the purposes of the candidate’s election; or

(c) by any other politically significant person if it is received and retained by the politically significant person for the use and benefit of the politically significant person.

(2) For the purposes of this Act, a political donation received by a politically significant person is treated as having been accepted by the person unless—

(a) the steps referred to in section 60(2)(a) or (b), whichever is applicable, have been taken within the time limited by that section; and

(b) a record can be produced of the receipt of the donation and—

(i) of the required steps being taken in relation to the donation as mentioned in section 60(2)(a); or

(ii) of the return of the donation, or the equivalent amount, as mentioned in section 60(2)(b).

(3) Without limiting section 15, for the purposes of this Act, anything given or transferred to—

(a) any branch of a political party or Part 4 politically significant entity; or

(b) any officer, member or agent of a political party or a Part 4 politically significant entity in his or her capacity as such (and not for his or her political activities or his or her own use or benefit),

must be regarded as given or transferred to that political party or Part 4 politically significant entity (as the case may be), and references to donations received by a political party or Part 4 politically significant entity accordingly include references to donations so given or transferred.

Other definitions for Part 5

55.—(1) In this Part, unless the context otherwise requires—

“early initial election” means the first election after the date this Part comes into force where the writ for the election is issued not more than 12 months after that date;

“permissible donor” means—

(a) an individual who is a citizen of Singapore and is at least 21 years of age;

(b) in relation to a donation in the form of a bequest, an individual who was, at death, a citizen of Singapore and at least 21 years of age;

(c) a Singapore entity which carries on business wholly or mainly in Singapore and is not prohibited by written law or its own constitution from donating or contributing for a purpose that is directed towards a political end in Singapore;

(d) in relation to a donation in the form of voluntary labour, an individual who is a citizen of Singapore when performing that labour;

(e) in relation to a candidate, the political party the candidate is standing for at an election; or

(f) in relation to a political party, a candidate at an election who stands or who stood for that party;

“post-election period”, for an election, means a period—

(a) starting:—

(i) the date the declaration is made by the candidate under section 65 before nomination day at that election; or

(ii) the date which is 2 clear days before nomination day at that election if no declaration mentioned in sub-paragraph (i) is earlier made; and

(b) ending on (and including) the 31st day after the results of the election are published;

“pre-election period”, for an election, means a period of 12 months preceding—

(a) the date a declaration is made by the candidate under section 65 before nomination day at that election; or

(b) a date which is 2 clear days before nomination day at that election if no declaration mentioned in paragraph (a) is earlier made;

“provision of sponsorship”, in relation to a candidate, political party, Member of Parliament or political office holder, means the transfer of any money or other property to the candidate, political party, Member of Parliament or political office holder—

(a) for the benefit of the candidate, political party, Member of Parliament or political office holder (as the case may be); and

(b) the purpose (or one of the purposes) of the transfer is, or must, having regard to all the circumstances, reasonably be assumed to be—

(i) to help the candidate, political party, Member of Parliament or political office holder (as the case may be) with meeting, or to meet, to any extent any prescribed expenses incurred or to be incurred by or on behalf of the candidate, political party, Member of Parliament or political office holder; or

(ii) to secure that to any extent the prescribed expenses in sub-paragraph (i) are not so incurred;

“Singapore entity” means—

(a) a Singapore-controlled corporation;

(b) a Singapore-controlled partnership; or

(c) a Singapore-controlled unincorporated association;

“Singapore-controlled corporation” means a company incorporated in Singapore, the majority of whose directors and members are citizens of Singapore or, in the case of any member being another company, where that other company is incorporated in Singapore and the majority of whose directors and members are citizens of Singapore, and where that other company has a member who is a company which in turn has a member who is a company and so on, where each of those member companies is incorporated in Singapore and the majority of whose directors and members are citizens of Singapore;

“Singapore-controlled partnership” means—

(a) a firm registered under the Business Names Registration Act 2014 in Singapore, the majority of whose partners are citizens of Singapore or one or more Singapore entities; or

(b) a limited partnership registered under the Limited Partnerships Act 2008 in Singapore;

“Singapore-controlled unincorporated association” means an unincorporated association that—

(a) is formed in Singapore under any written law;

(b) has an executive committee, the majority of whose members are citizens of Singapore; and

(c) has a majority of members who are citizens of Singapore or Singapore entities.

(2) Where a political donation is made to any politically significant person by paying an amount into any account held by the politically significant person with a financial institution, then for the purposes of this Part, the political donation must be treated as having been received by the politically significant person at the time when the person is notified by the financial institution in the usual way of the payment into the account.

(3) Where a political donation confers an enduring benefit on any politically significant person during the whole or part of a relevant reporting period, the amount that must be recorded in any donation report required to be prepared under this Part is so much of the total value of the political donation (as determined in accordance with section 15) as accrues during the whole or part of that relevant reporting period to which the donation report relates.

Division 2—Restrictions on accepting political donations

Political donations from impermissible donors, etc.

56. Subject to this Act, a politically significant person must not accept any political donation if it is offered by a person (called in this section the donor) who, at the time of its acceptance by the politically significant person, the politically significant person knows—

(a) in the case of any politically significant person who is not a Part 4 politically significant person, is not a permissible donor; or

(b) in the case of a Part 4 politically significant person, is a prohibited donor in relation to the Part 4 politically significant person because of a prohibited donor directive.

Anonymous donations

57. Subject to this Act, each of the following politically significant persons must not accept any political donation that is an anonymous donation:

(a) a politically significant person excluding a Part 4 politically significant person;

(b) a Part 4 politically significant person who is given an anonymous donations directive.

Applicable cap on anonymous political donations

58.—(1) Despite section 57, a politically significant person may accept—

(a) during the initial relevant period for that politically significant person; and

(b) during each subsequent relevant period for that politically significant person,

anonymous political donations which in total are less than the applicable cap on anonymous political donations for that politically significant person.

(2) The applicable cap on anonymous political donations is as follows:

(a) in the case of a political party, candidate or an election agent—$5,000 (or a higher amount prescribed by Regulations in substitution);

(b) in the case of a political office holder—$5,000 (or a higher amount prescribed by Regulations in substitution);

(c) in the case of a Member of Parliament who is not a political office holder—$5,000 (or a higher amount prescribed by Regulations in substitution);

(d) in the case of a Part 4 politically significant person given an anonymous donations directive—$5,000 (or a higher amount prescribed by Regulations in substitution).

(3) In this section—

“appointed day” means the date of commencement of this section;

“initial relevant period”, for a politically significant person, means—

(a) for a candidate at an early initial election or such a candidate’s election agent, the period—

(i) starting on a date 12 months preceding—

(A) the date a declaration is made by the candidate under section 65 before nomination day at that early initial election; or

(B) a date which is 2 clear days before nomination day at that early initial election if no declaration mentioned in sub-paragraph (A) is earlier made; and

(ii) ending on (and including) the last day of the post-election period of the early initial election, even though this section may not have been in force during any part of the period;

(b) for a candidate at the first election after the appointed day (other than an early initial election) or such a candidate’s election agent, the period—

(i) starting on a date 12 months preceding—

(A) the date a declaration is made by the candidate under section 65 before nomination day at that election; or

(B) a date which is 2 clear days before nomination day at that election if no declaration mentioned in sub-paragraph (A) is earlier made; and

(ii) ending on (and including) the last day of the post-election period of that election;

(c) for a political party—

(i) the period starting on the appointed day and ending on (and including) 31 December of the same year the appointed day falls; or

(ii) the period starting on the day the political party is constituted on or after the appointed day, and ending on (and including) 31 December of the same year in which the period starts;

(d) for a political office holder, a senior political party official or a Member of Parliament (whether or not a political office holder)—

(i) the period starting on the appointed day and ending on (and including) 31 December of the same year the appointed day falls; or

(ii) the period starting on the day the person first becomes a political office holder or a Member of Parliament (as the case may be) on or after the appointed day, and ending on (and including) 31 December of the same year in which the period starts;

(e) for a Part 4 politically significant entity —

(i) the period starting on the appointed day and ending on (and including) 31 December of the same year the appointed day falls; or

(ii) the period starting on the day the entity first becomes a politically significant entity on or after the appointed day, and ending on (and including) 31 December of the same year in which the period starts; or

(f) for an individual who is designated under section 48(1) as a politically significant person—

(i) the period starting on the appointed day and ending on (and including) 31 December of the same year the appointed day falls; or

(ii) the period starting on the day the person is first designated a politically significant person on or after the appointed day, and ending on (and including) 31 December of the same year in which the period starts;

“relevant period” means—

(a) for a candidate at an election or such a candidate’ election agent, the period—

(i) starting on the first day of the pre-election period of the election; and

(ii) ending on (and including) the last day of the post-election period of the election; or

(b) for any other politically significant person, the period of 12 months starting 1 January and ending 31 December in any year,

and includes an initial relevant period.

Return of anonymous political donations

59.—(1) Subject to this Act, where an anonymous political donation is offered to a politically significant person, and sections 56 and 57 prohibit the politically significant person from accepting (whether wholly or in part) that donation, the following requirements must be complied with:

(a) if the donation was transmitted by a person (other than the donor) and the identity of that person is apparent, the whole donation must be returned to that person;

(b) if paragraph (a) does not apply but it is apparent that the donor has, in connection with the donation, used any facility provided by an identifiable financial institution, the whole donation must be returned to that financial institution;

(c) in all other cases, the whole donation must be sent to the competent authority.

(2) Any amount collected by the competent authority under subsection (1)(c) must be paid into the Consolidated Fund.

Return of political donations

60.—(1) Where a political donation is received by a politically significant person and it is not immediately decided that the politically significant person should (for whatever reason) refuse the political donation, all reasonable steps must be taken without delay by or on behalf of the politically significant person to verify or, so far as the following is not apparent, ascertain—

(a) the identity of the donor;

(b) whether the donor is—

(i) a permissible donor; or

(ii) a prohibited donor in relation to the politically significant person; and

(c) if the donor is a permissible donor and not a prohibited donor, all such details in respect of the donor as are required by the Regulations to be given in respect of a donor of a reportable political donation.

(2) If a politically significant person receives a donation which the politically significant person is prohibited from accepting by virtue of section 56, 57 or 58, or which the politically significant person has decided the politically significant person should for any reason refuse, then within the grace period—

(a) in the case of an anonymous political donation, the requirements of section 59 must be complied with in respect of the whole donation; or

(b) in any other case, the political donation must be sent back, or a payment of an equivalent amount must be sent, to—

(i) the person who made the donation; or

(ii) any other person appearing to be acting on behalf of the person in sub-paragraph (i).

(3) In subsection (2), the “grace period”, in relation to a politically significant person who or which has received a political donation, means a period of 30 days starting the date when the donation is so received by the politically significant person.

(4) If—

(a) a politically significant person receives a donation which the politically significant person is prohibited from accepting by virtue of section 56, 57 or 58;

(b) at the end of the grace period applicable to that donation, subsection (2)(a) and (b) is not complied with; and

(c) the politically significant person knows or is reckless as to whether the politically significant person is prohibited from accepting the donation by virtue of section 56, 57 or 58,

then the following applies:

(d) in the case of a donation accepted by a political party or Part 4 politically significant entity—

(i) the political party and the responsible officers of the political party in question; or

(ii) the Part 4 politically significant entity and the responsible officers of the Part 4 politically significant entity,

(whichever is applicable) shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction;

(e) in the case of a donation accepted in respect of a candidate at an election—

(i) the candidate and the candidate’s election agent in question; or

(ii) the candidate at a presidential election and the candidate’s principal election agent in question,

(whichever is applicable) shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction;

(f) in any other case, the politically significant person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction.

(5) In determining whether a Member of Parliament (whether or not a political office holder) commits an offence under subsection (4), the donor’s motive for offering the political donation is irrelevant.

(6) To avoid doubt, this section does not affect section 35(2) of the Parliament (Privileges, Immunities and Powers) Act 1962 and section 11(b) of the Prevention of Corruption Act 1960.

Forfeiture of prohibited political donations, etc.

61.—(1) Where—

(a) any donation is made to a politically significant person;

(b) the donation is one which the politically significant person is prohibited from accepting by virtue of section 56, 57 or 58; and

(c) the politically significant person has accepted the donation, the Public Prosecutor may apply to a District Court for an order of forfeiture by the politically significant person of an amount equal to the value of the donation.

(2) Where, on an application by the Public Prosecutor under subsection (1), the District Court makes an order of forfeiture or refuses the application, the politically significant person concerned or the Public Prosecutor (as the case may be) may, before the end of the period of 30 days starting the date of the order or refusal to order, appeal to the Appellate Division of the High Court.

(3) An appeal under subsection (2) must be by way of a rehearing; and the Appellate Division of the High Court hearing the appeal may make such order as it considers appropriate.

(4) The standard of proof in proceedings under this section is that applicable to civil proceedings.

(5) An order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation.

(6) Any amount forfeited by an order under this section must be paid into the Consolidated Fund.

(7) Where an appeal is made under subsection (2), subsection (6) does not apply before the appeal is determined or otherwise disposed of.

(8) Where any amount forfeited by an order of the District Court under subsection (1) or an order of the Appellate Division of the High Court under subsection (3) where there is an appeal, is not paid in compliance with the terms of the order, the District Court or Appellate Division of the High Court (as the case may be) may, on the application of the Public Prosecutor, issue a warrant for the levy of the amount forfeited against any property belonging to the politically significant person concerned.

(9) Such a warrant may be executed in the same manner as a warrant for the levy of the amount of a fine under section 319(1)(b)(iii) of the Criminal Procedure Code 2010.

(10) Where any amount recovered under any warrant issued under subsection (8) is in excess of the amount forfeited under this section, the balance must be returned to the politically significant person concerned.

(11) Without limiting the Supreme Court of Judicature Act 1969 and any other written law conferring power on the Rules Committee constituted under section 80(3) of that Act, the Rules Committee may make Rules of Court—

(a) with respect to applications or appeals to any court under this section;

(b) for the giving of notice of such applications or appeals to persons affected; and

(c) generally with respect to the procedure of proceedings under this section before any court.

Division 3—Reporting and accounting of political donations

Disclosing reportable political donations

62.—(1) Subject to this Act, every reportable political donation received and accepted during each reporting period by or on behalf of any politically significant person must be disclosed to a competent authority in accordance with this Division.

(2) Disclosure to a competent authority of reportable political donations received and accepted during a reporting period by or on behalf of a politically significant person must be in a donation report relating to the reporting period that—

(a) is in the form required by the competent authority;

(b) is given to the competent authority within the time delimited by section 63 and in the manner prescribed in Regulations or, subject to those Regulations, as approved by the competent authority;

(c) contains the prescribed details of every reportable political donation received and accepted during the reporting period by or on behalf of the politically significant person, and the prescribed particulars of each donor;

(d) is signed by the person who is required by section 64 to be responsible for the disclosure of reportable political donations received and accepted by or on behalf of the politically significant person; and

(e) is accompanied by a declaration in section 65 made by the person who is required by section 64 to be responsible for the disclosure of reportable political donations received and accepted by or on behalf of the politically significant person.

(3) In this section—

“appointed day” means the date of commencement of this section;

“initial pre-election period”, for a candidate at the first election after the appointed day or such a candidate’s election agent, means—

(a) in the case of an early initial election, the period of 12 months preceding—

(i) the date a declaration is made by the candidate under section 65 before nomination day at that early initial election; or

(ii) the day which is 2 clear days before nomination day at that early initial election if no declaration mentioned in sub-paragraph (i) is earlier made,

even though this section may not have been in force during any part of the period; or

(b) the period of 12 months preceding—

(i) the date a declaration is made by the candidate under section 65 before nomination day at that early initial election; or

(ii) the day which is 2 clear days before nomination day at that early initial election if no declaration mentioned in sub-paragraph (i) is earlier made;

“initial reporting period”, for a politically significant person, means—

(a) for a candidate at the first election after the appointed day or such a candidate’s election agent, the following:

(i) the initial pre-election period of the election;

(ii) the post-election period of that election;

(b) for a candidate at an election other than an election in paragraph (a), the following:

(i) the pre-election period of the election;

(ii) the post-election period of that election;

(c) for a political party—

(i) the period starting on the appointed day and ending on (and including) 31 December of the same year the appointed day falls; or

(ii) the period starting on the day the political party is constituted on or after the appointed day, and ending on (and including) 31 December of the year in which the period starts;

(d) for a political office holder, a senior political party official or a Member of Parliament (whether or not a political office holder)—

(i) the period starting on the appointed day and ending on (and including) 31 December of the same year the appointed day falls; or

(ii) the period starting on the day the person first becomes a politically significant person on or after the appointed day, and ending on (and including) 31 December of the year in which the period starts;

(e) for a Part 4 politically significant entity—

(i) the period starting on the appointed day and ending on (and including) 31 December of the same year the appointed day falls; or

(ii) the period starting on the day the entity first becomes a politically significant entity on or after the appointed day, and ending on (and including) 31 December of the year in which the period starts; or

(f) for an individual who is designated under section 48(1) as a politically significant person—

(i) the period starting on the appointed day and ending on (and including) 31 December of the same year the appointed day falls; or

(ii) the period starting on the day the person is first designated a politically significant person on or after the appointed day, and ending on (and including) 31 December of the same year in which the period starts;

“reporting period” means—

(a) for a candidate at an election or such a candidate’s election agent, the following periods:

(i) the pre-election period of the election;

(ii) the post-election period of the election; or

(b) for any other politically significant person, the period of 12 months starting 1 January and ending 31 December in any year,

and includes an initial reporting period.

When disclosure of reportable political donations to be made

63.—(1) Subject to this Act, disclosure of reportable political donations received and accepted by or on behalf of a politically significant person must be given to a competent authority as follows:

(a) for a disclosure of reportable political donations received and accepted during the pre-election period for that election, no later than 2 clear days before nomination day of that election;

(b) for a disclosure of reportable political donations received and accepted during the post-election period for that election, no later than the 31st day after the results of the election are published;

(c) for a disclosure of reportable political donations received and accepted by a politically significant person within a year, no later than 31 January in the following year;

(d) otherwise, no later than 31 January in the year following the year in which the political donation was received.

(2) Regulations may prescribe a longer period for the purposes of subsection (1)(c) or (d).

(3) Upon receiving a donation report and declaration in compliance with the requirements of subsection (1) from a candidate at an election in relation to a pre-election period for the election, the competent authority must issue to the candidate concerned, not later than the eve of the nomination day at the election, a political donation certificate stating that the candidate has complied with subsection (1).

(4) A political donation certificate issued under subsection (3) is, for the purposes of any written law, conclusive as to the facts it certifies.

Who is responsible for disclosing reportable political donations

64. Subject to this Act, the person who is responsible for making a disclosure of reportable political donations as required by section 62 is—

(a) for reportable political donations received and accepted by a political party—every responsible officer of the political party;

(b) for reportable political donations received and accepted by or on behalf of a candidate at an election—an election agent of the candidate;

(c) for reportable political donations received and accepted by or on behalf of an election agent of a candidate—the election agent;

(d) for reportable political donations received and accepted by or on behalf of a political office holder who is not a Member of Parliament—the political office holder;

(e) for reportable political donations received and accepted by or on behalf of a Member of Parliament (whether or not a political office holder)—the Member of Parliament;

(f) for reportable political donations received and accepted by or on behalf of a Part 4 politically significant entity—every responsible officer of the Part 4 politically significant entity; or

(g) for reportable political donations received and accepted by or on behalf of an individual who is a senior political party official or is designated under section 48(1) as a politically significant person—that individual.

Accompanying declaration to donation report

65.—(1) Subject to this Act, every donation report required by section 62 in relation to a politically significant person must be accompanied by a declaration—

(a) made by every person who is, under section 64, responsible for making disclosure of reportable political donations received and accepted by the politically significant person in the reporting period to which the donation report relates; and

(b) containing the statements described in subsection (2) or (3).

(2) The declaration which must accompany a donation report for a Part 4 politically significant person must contain a statement stating, to the best of the knowledge and belief of every person who is, under section 64, responsible for making disclosure of reportable political donations for the Part 4 politically significant person—

(a) if no prohibited donor directive, anonymous donations directive or political donations fund directive has been given under section 67, 68 or 69 for the reporting period to which the report relates, that during that reporting period no other reportable political donations have been accepted by the Part 4 politically significant person;

(b) if a prohibited donor directive has been given for the reporting period to which the report relates, that during that reporting period—

(i) no political donation from a prohibited donor in relation to the Part 4 politically significant entity has been so accepted by the Part 4 politically significant person; and

(ii) no other reportable political donations have been accepted by the Part 4 politically significant person;

(c) if an anonymous donations directive has been given for the reporting period to which the report relates, that during that reporting period—

(i) no anonymous political donation in excess of the applicable cap on anonymous political donations in section 58(2)(d) has been accepted by the Part 4 politically significant person; and

(ii) no other reportable political donations have been accepted by the Part 4 politically significant person; or

(d) if a political donations fund directive has been given for the reporting period to which the report relates, that during that reporting period—

(i) all political donations in cash which are accepted by the Part 4 politically significant person during the reporting period to which the donation report relates have been paid into a political donations fund; and

(ii) no other reportable political donations have been accepted by that Part 4 politically significant person.

(3) The declaration which must accompany a donation report for any other politically significant person must contain a statement stating, to the best of the knowledge and belief of every person who is, under section 64, responsible for making disclosure of reportable political donations for the politically significant person, that—

(a) all political donations recorded in the donation report as having been accepted by the politically significant person in the reporting period to which the donation report relates are from permissible donors;

(b) all political donations in cash which are accepted by the politically significant person during the reporting period to which the donation report relates have been paid into a political donations fund; and

(c) during the reporting period to which the donation report relates—

(i) no other reportable political donations have been accepted by the politically significant person;

(ii) no anonymous political donation in excess of the applicable cap on anonymous political donations has been accepted by the politically significant person; and

(iii) no political donation from a prohibited donor in relation to the politically significant person has been so accepted by the politically significant person.

Separate accounts for political donations (political donations fund)

66.—(1) Subject to this Act, a politically significant person who is—

(a) a political party;

(b) a candidate;

(c) an election agent of a candidate;

(d) a political office holder;

(e) a Member of Parliament (whether or not a political office holder);

(f) a senior political party official of a political party; or

(g) a Part 4 politically significant person given a political donations fund directive,

must each establish and maintain, with an authorised deposit-taking institution in an account denominated in Singapore dollars, and in accordance with the Regulations, a political donations fund, until any terminal event mentioned in subsection (4) first happens.

(2) If a politically significant person mentioned in subsection (1) holds more than one capacity at the same time, a separate political donations fund need not be established and maintained for each capacity.

(3) A politically significant person mentioned in subsection (1) must pay the following moneys into its political donations fund, and no other moneys:

(a) all moneys received by it as political donations on or after the date of commencement of this section;

(b) the proceeds of the investment or disposal of any political donation of property that is acquired (whether before, on or after that date) as an asset of the account of the politically significant person.

(4) For the purposes of subsection (1), a terminal event—

(a) means the date the person ceases to be a politically significant person; and

(b) in the case of a Part 4 politically significant person, includes the date where the political donations fund directive given to the Part 4 politically significant person ceases to have effect in relation to that politically significant person.

(5) Upon the happening of a terminal event, the politically significant person’s political donation fund or funds may be closed without further approval from the competent authority.

(6) A politically significant person commits an offence if the person, without reasonable excuse, contravenes subsection (1) or (3).

(7) A politically significant person who is guilty of an offence for contravening subsection (3) shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

Division 4—Stepped up countermeasures for Part 4 politically significant persons

Prohibited donor directive

67.—(1) A competent authority may give a directive to a Part 4 politically significant person requiring the Part 4 politically significant person to do all or any of the following:

(a) to not accept any political donation from a citizen of Singapore who is below 21 years of age;

(b) to not accept any political donation from a foreign individual, foreign business, foreign political organisation or foreign public enterprise specified in the directive;

(c) to return any political donation received, on or after a date specified in the direction from a foreign individual, foreign business, foreign political organisation or foreign public enterprise specified in the directive.

(2) A foreign individual, foreign business, foreign political organisation or foreign public enterprise which is specified in a directive given under this section to a Part 4 politically significant person is, for the purposes of this Act, a prohibited donor in relation to that Part 4 politically significant person.

(3) A directive under this section may specify the manner in which, and must specify the period within which, the political donations concerned must be returned.

Anonymous donations directive

68. A competent authority may give a directive to a Part 4 politically significant person to require the Part 4 politically significant person to not accept any anonymous donation in excess of the applicable cap for anonymous donations mentioned in section 58(2)(d).

Political donations fund directive

69.—(1) A competent authority may give a directive to a Part 4 politically significant person to require the Part 4 politically significant person to establish and maintain, in accordance with section 66, a political donations fund for all political donations the Part 4 politically significant person receives or accepts or both, on or after a date specified in the directive.

(2) A directive under this section may specify the manner in which, and must specify the period within which, the political donations fund concerned must be established and maintained.

Division 5—Donor obligations

Major political donor reporting

70.—(1) Subject to this Act, a person (not being a politically significant person) who in any single year makes one or more political donations—

(a) all of which are accepted by or on behalf of any one of the following:

(i) a political party;

(ii) a Part 4 politically significant person given a prohibited donor directive; and

(b) the total value of which is not less than the threshold reporting value,

must disclose the donations to a competent authority in accordance with this section.

(2) Disclosure to a competent authority of political donations made in a single year and accepted by or on behalf of a politically significant person mentioned in subsection (1) must be in a major political donor’s donation report relating to the year that—

(a) is in the form required by the competent authority;

(b) is given to the competent authority—

(i) no later than 31 January of the year following that in which the donations were made; and

(ii) in the manner prescribed in Regulations or, subject to those Regulations, as approved by the competent authority;

(c) contains the following particulars:

(i) the total value of the political donations, the year in which and date when they were made;

(ii) the name of the politically significant person to which they were made;

(iii) the full name and address of the donor and such other details in respect of the donor as are required by the Regulations to be given in respect of a major political donor;

(d) is signed by the donor; and

(e) is accompanied by a declaration in subsection (3).

(3) Subject to this Act, every major political donor’s donation report required by subsection (1) must be accompanied by a declaration—

(a) made by the major political donor concerned or, in the case of a major political donor that is not an individual, on behalf of the major political donor by—

(i) the individuals for the time being holding the offices of chairperson, managing director and company secretary, respectively, of the body corporate, or any positions analogous to those offices; or

(ii) the individuals for the time being holding the offices of president, secretary and treasurer, respectively, of the committee of an unincorporated association, or any positions analogous to those offices; and

(b) containing a statement that, to the best of the knowledge and belief of the major political donor or every person in paragraph (a)(i) or (ii) (as the case may be)—

(i) political donations whose total value was that specified in the report were made by the major political donor to the specified politically significant person during the specified year; and

(ii) no other political donations were made by the major political donor to that politically significant person during that same year.

(4) The threshold reporting value for the purposes of subsection (1)(b) is $10,000, or a higher amount prescribed by Regulations in substitution.

(5) A major political donor who—

(a) gives the competent authority a major political donor’s donation report required by subsection (1) which does not comply with subsection (2)(a), (c), (d) or (e);

(b) fails to give the competent authority such donation report in accordance with subsection (2)(b); or

(c) knowingly or recklessly makes a false declaration under subsection (3),

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

Directive affecting major donors

71.—(1) A competent authority may give a directive to a Part 4 politically significant entity declaring that section 70 applies to donors making political donations to that Part 4 politically significant entity.

(2) In addition to sections 89 and 116, once a directive is made under this section and before the date it comes into effect, the competent authority must publish a notice of the making of the declaration in the Gazette and in such other manner as will secure adequate publicity for the fact of making of the declaration, stating—

(a) that a directive has been made under this section; and

(b) the name of the Part 4 politically significant entity to which the directive relates, and when the directive takes effect.

Duty when donating on behalf of others

72.—(1) For the purposes of this Act, where any person (called in this section the principal donor) causes an amount (called in this section the principal donation) to be received by a politically significant person by way of a political donation—

(a) on behalf of the principal donor and one or more other persons; or

(b) on behalf of one or more other persons,

then each individual contribution by each person mentioned in paragraph (a) or (b) is taken to be a separate donation by that person.

(2) In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the politically significant person, the politically significant person is given all such details in respect of the person treated by subsection (1) as giving the donation as is required by the Regulations to be given in respect of a donor of a reportable political donation.

(3) Where a person (called in this subsection the agent) causes an amount to be received by a politically significant person by way of a donation on behalf of another person (called in this subsection the donor), the agent must ensure that, at the time the amount is received by the politically significant person, the politically significant person is given all such details in respect of the donor as are required by the Regulations to be given in respect of a donor of a reportable political donation.

(4) A person who, without reasonable excuse, fails to comply with subsection (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Division 6—Offences

Late donation reports, etc.

73.—(1) Where any donation report or declaration which is required by section 62 or 65 to be given to the competent authority is not given within the time delimited under section 63, then the following persons shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction:

(a) where the donation report or declaration is required in respect of a political party or a Part 4 politically significant entity—the responsible officers of the political party or Part 4 politically significant entity in question;

(b) where the donation report or declaration is required in respect of a candidate at an election or the candidate’s election agent—the candidate and the candidate’s election agent in question or (as the case may be) the candidate at a presidential election and the candidate’s principal election agent in question;

(c) where the donation report or declaration is required in respect of any other politically significant person who is not mentioned in paragraphs (a) and (b)—that person.

(2) If a donation report which is required by section 62 to be given to the competent authority is given to the competent authority, but the donation report does not comply with the requirements of section 62(2)(c) as regards the recording of reportable political donations in the report, then the following persons shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction:

(a) where the donation report is required in respect of a political party or Part 4 politically significant entity—the responsible officers of the political party or Part 4 politically significant entity in question;

(b) where the donation report is required in respect of a candidate at an election or the candidate’s election agent—the candidate and the candidate’s election agent in question or (as the case may be) the candidate at a presidential election and the candidate’s principal election agent in question;

(c) where the donation report is required in respect of a politically significant person not mentioned in paragraphs (a) and (b)—that politically significant person.

(3) In proceedings for an offence under subsection (1) or (2), it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps, and exercised all due diligence to ensure that any requirements—

(a) as regards preparation or sending of a donation report or declaration; or

(b) as regards the information to be given in any donation report or declaration,

as the case may be, have been complied with in relation to the donation report or declaration.

(4) Where the court is satisfied, on an application made by the Public Prosecutor, that any failure to comply with any such requirements in relation to any political donation received by a politically significant person was attributable to an intention on the part of any person to conceal the existence or true amount of the political donation, the court may order the forfeiture of an amount equal to the value of the political donation.

False or misleading donation reports and declarations

74.—(1) Where in any donation report or declaration which is required by section 62 or 65 to be given to the competent authority in relation to a politically significant person, there is—

(a) any information or a statement that is false or misleading in a material particular; or

(b) an omission of any matter or thing without which the donation report or declaration is misleading in a material particular,

every person who is, under section 64, responsible for making disclosure of reportable political donations for the politically significant person commits an offence.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction—

(a) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but

(b) where the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.

(3) A person is a repeat offender in relation to an offence under subsection (1) relating to a donation report or declaration if the person has been convicted or found guilty (whether before, on or after the date of commencement of this section) on at least one other earlier occasion of—

(a) an offence under subsection (1); or

(b) an offence under section 22(6) of the repealed Act.

(4) In proceedings for an offence under subsection (1) in relation to a donation report or a declaration relating to any such report, it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps, and exercised all due diligence, to ensure that—

(a) the information or statement in the donation report or declaration (as the case may be) was not false or misleading in a material particular; or

(b) the donation report or declaration did not contain any omission which would have made the donation report or declaration misleading in a material particular.

Evasion and intentional acceptance of impermissible donations, etc.

75.—(1) Where a person enters into, or knowingly does any act in furtherance of, any arrangement which facilitates or is likely to facilitate, whether by means of any concealment or disguise or otherwise, the making of donations to a politically significant person by a donor—

(a) who is not a permissible donor; or

(b) who is a prohibited donor in relation to the politically significant person,

the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(2) Where a person—

(a) knowingly gives a politically significant person any information relating to the identity of a donor of a political donation, or the amount of any political donation, made to the politically significant person or to the person or body making such a donation, which is false in a material particular; or

(b) with intent to deceive, withholds from a politically significant person any material information relating to the identity of the donor of a political donation, or the amount of any political donation, made to the politically significant person,

the person shall be guilty of an offence.

(3) A person who is guilty of an offence under subsection (2) shall be liable on conviction—

(a) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but

(b) where the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.

(4) A person is a repeat offender in relation to an offence under subsection (2) if the person has been convicted or found guilty (whether before, on or after the date of commencement of this section) on at least one other earlier occasion of—

(a) an offence under subsection (2); or

(b) an offence under section 23(2) of the repealed Act.

(5) Where—

(a) a politically significant person accepts any political donation from a person (called a donor) who, at the time of its acceptance by the politically significant person—

(i) is not a permissible donor; or

(ii) is a prohibited donor in relation to the politically significant person; and

(b) the politically significant person knew or ought reasonably to have known that the donor—

(i) is not a permissible donor; or

(ii) is a prohibited donor in relation to the politically significant person,

the politically significant person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent offence, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.