§ 4 — Meaning of “foreign principal” and associated terms

4. In this Act, unless the context otherwise requires —“foreign business” means an entity —(a)

that —(i)

is constituted or organised under a law of a foreign country, even if registered under any written law; or

(ii)

has its principal place of business in a foreign country, even if incorporated under any written law; and

(b)

that is not a foreign government, a foreign public enterprise or a foreign political organisation;

“foreign government” means —(a)

the government of a foreign country;

(b)

an authority of the government of a foreign country; or

(c)

a foreign local government body or a foreign regional government body;

“foreign government‑related individual” means an individual who is related to a foreign principal that is a foreign government, foreign political organisation or foreign public enterprise in either or both of the following ways:(a)

the individual is accustomed, or under an obligation (whether formal or informal), to engage in conduct in accordance with the directions, instructions or wishes of the foreign government, foreign political organisation or foreign public enterprise;

(b)

the foreign government, foreign political organisation or foreign public enterprise (as the case may be) is in a position to exercise, in any other way, total or substantial control over the individual;

“foreign legislature” means a legislature of a foreign country;

“foreign political organisation” means —(a)

a foreign political party; or

(b)

an entity that —(i)

is constituted or organised under a law of a foreign country; and

(ii)

exists primarily to pursue political objectives;

“foreign principal” means —(a)

a foreigner;

(b)

a foreign government;

(c)

a foreign government‑related individual;

(d)

a foreign legislature;

(e)

a foreign political organisation;

(f)

a foreign public enterprise; or

(g)

a foreign business;

“foreign public enterprise” means an entity that is related in one or more of the following ways, to a foreign principal which is a foreign government or a foreign political organisation:(a)

if the entity is a body corporate — one or both of the following apply:(i)

the directors (however described) of the body corporate are accustomed, or under an obligation (whether formal or informal), to engage in conduct in accordance with the directions, instructions or wishes of the foreign principal;

(ii)

the foreign principal is in a position to exercise, in any other way, total or substantial control over the body corporate;

(b)

if the entity is an unincorporated association, a partnership or body politic — either of the following applies:(i)

the members of the executive committee or governing board of the entity are accustomed, or under an obligation (whether formal or informal), to engage in conduct in accordance with the directions, instructions or wishes of the foreign principal;

(ii)

the foreign principal is in a position to exercise, in any other way, total or substantial control over the entity;

(c)

if the entity is a person other than a body politic and the foreign principal is a foreign political organisation —(i)

a director, an officer or an employee of the entity, or any part of the entity, who is required to be a member or part (however described) of that foreign political organisation; and

(ii)

that requirement is contained in a law, or in the constitution, rules or other governing documents by which the entity is constituted or according to which the entity operates;

“foreigner” means an individual who is not a citizen of Singapore.