§ 48 — 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.

—(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.