§ 47 — 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.

—(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.