Foreign Interference (Countermeasures) Act 2021/Part 7

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PART 7
CONDITIONS FOR STEPPED UP COUNTERMEASURES

Circumstances where Part 5 or 6 directive may be given

88. Unless expressly provided otherwise, a competent authority may give—

(a) a prohibited donor directive to a Part 4 politically significant person;

(b) an anonymous donations directive to a Part 4 politically significant person;

(c) a political donations fund directive to a Part 4 politically significant person;

(d) a directive under section 71 to a Part 4 politically significant entity affecting major donors to that entity;

(e) a transparency directive under section 81 to a person mentioned in section 80 regarding political matters published in Singapore;

(f) a directive under section 83 to a Part 4 politically significant entity;

(g) a directive under section 84 to a politically significant person to end a reportable arrangement;

(h) a directive under section 85(2)(a) to a Part 4 politically significant person prohibiting voluntary labour or voluntary professional services; or

(i) a directive under section 85(2)(b) to a Part 4 politically significant person requiring a foreign volunteers report regarding voluntary labour or voluntary professional services,

only where the competent authority is satisfied—

(j) that the person to whom the directive is to be given is undertaking, has undertaken or is likely to undertake (on or after the date of commencement of this Part) an activity on behalf of a foreign principal; and

(k) that it is in the public interest that such a directive ought to be given, after having regard to the circumstances of the case.

Content and effect of directives: general

89.—(1) A directive mentioned in section 88 (each called a directive under Part 5 or 6) is binding on the person to whom it is addressed.

(2) A directive under Part 5 or 6 must be in writing.

(3) A directive under Part 5 or 6 must state—

(a) the things that the politically significant person is required by the competent authority to do, or to refrain from doing, as are specified in the directive or are of a description as specified in the directive;

(b) whether the person to whom it is given must—

(i) advise the competent authority of the details of the manner in which the person proposes to comply with the directive;

(ii) keep information about the matters that are the subject of the directive;

(iii) regularly notify the competent authority about the steps being taken towards compliance with the directive; or

(iv) give written notice to the competent authority when the person has complied with the directive; and

(c) that it is an offence under this Act to fail to comply with the directive.

(4) To avoid doubt, subsection (3) does not prevent any other relevant matter as is reasonably necessary to enable the directive to be effective being contained in a directive under Part 5 or 6. {{Nop}] (5) A directive under Part 5 or 6 that is given in accordance with this Part takes effect when it is given or on a later date specified in the directive.

(6) A directive under Part 5 or 6 continues in force until the competent authority revokes the directive or it is cancelled on review under Part 8.

(7) A directive under Part 5 or 6 may be amended or revoked at any time by the competent authority if the competent authority is satisfied that the circumstances warrant it.

(8) Subsection (6) does not prevent a further directive being made under Part 5 or 6 in the same terms as a directive that has been revoked.

(9) Any person to whom a directive is given under Part 5 or 6 must comply with the directive.

(10) Unless otherwise ordered by the Minister, a directive of the competent authority appealed against under Part 8 must be complied with until the determination of the appeal.

(11) A directive under Part 5 or 6 has effect despite the provisions of—

(a) any other written law in force on the date of commencement of this Part; and

(b) the constitution, memorandum or articles of association, trust deed or equivalent instrument of a politically significant person.

Process of giving directives: general

90.—(1) A competent authority may give a politically significant person any one or more directives under Part 5 or 6.

(2) In making a directive under Part 5 or 6, it is not necessary for the competent authority to give any person who may be affected by the directive a chance to be heard before the directive is given.

(3) Subject to section 71(2), it is not necessary to publish any directive given under Part 5 or 6 in the Gazette.

Offences involving directives to politically significant persons

91.—(1) Where a person to whom a directive under Part 5 or 6 is given, without reasonable excuse, contravenes the directive—

(a) the responsible officers of a political party or Part 4 politically significant entity given the directive; or

(b) in any other case, the person given the directive,

commits an offence.

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

(a) for a prohibited donor directive or an anonymous donations directive—

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

(ii) 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;

(b) for a political donations fund directive under section 69, 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;

(c) for a directive under section 71, 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;

(d) for a transparency directive under section 81, 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;

(e) for a directive under section 83 or 84, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or

(f) for a directive under section 85, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(3) A person is a repeat offender in relation to an offence under subsection (1) relating to a prohibited donor directive or an anonymous donations directive (called the current offence) 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 an offence under subsection (1) with respect to—

(a) another prohibited donor directive if the current offence involves a prohibited donor directive; or

(b) another anonymous donations directive if the current offence involves an anonymous donations directive.