§ 76 — Disclosure of foreign affiliation

76.—(1) Subject to this Act, a politically significant person must disclose to a competent authority in accordance with this Division every reportable arrangement to which the politically significant person is party at any time during a reporting period.(2) Disclosure to a competent authority of every reportable arrangement to which a politically significant person is party during a reporting period must be in a foreign affiliations 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 77 and in the manner prescribed in Regulations or, subject to those Regulations, as approved by the competent authority;

(c)

contains the prescribed details or description of every such arrangement with a foreign principal during the reporting period, and the identity and other prescribed particulars of the foreign principal;

(d)

is signed by —(i)

the politically significant person who is an individual; or

(ii)

in any other case, 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 that politically significant person; and

(e)

is accompanied by a declaration in subsection (3) made by every person referred to in paragraph (d).

(3) The declaration required by subsection (2)(e) to accompany a foreign affiliations report of a politically significant person must contain a statement that, to the knowledge and belief of every person referred to in subsection (2)(d), there is no other reportable arrangement to which the politically significant person is party during the reporting period to which the foreign affiliations report relates.

(4) In this section and section 77 —“appointed day” means the date of commencement of this section;

“initial reporting period” means —(a)

for a candidate at the first election after the appointed day —(i)

in the case of an early initial election (as defined in section 55), the period of 12 months preceding —(A)

the date a declaration is made by the candidate under subsection (2) before nomination day at that early initial election; or

(B)

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

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

[Act 8 of 2023 wef 29/12/2023]

(ii)

the period of 12 months preceding —(A)

the date a declaration is made by the candidate under subsection (2) before nomination day at that election; or [Act 8 of 2023 wef 29/12/2023]

(B)

the day which is 2 clear days before nomination day at that election if no declaration mentioned in sub‑paragraph (A) is earlier made;[Act 8 of 2023 wef 29/12/2023]

(b)

for a candidate at an election other than an election in paragraph (a), the pre‑election period of the election;

(c)

for an election agent of a candidate at an election, the period starting on the day the person becomes an election agent of the candidate (being after the appointed day), and ending on (and including) the 31st day after the results of that election are published; or

(d)

for any other politically significant person —(i)

the period starting on the appointed day and ending on (and including) 31 December of the same year that appointed day falls, unless paragraph (b) applies; or

(ii)

the period starting on the day the person becomes a politically significant person (being after the appointed day), and ending on (and including) 31 December of the same year that day the person becomes a politically significant person falls;

“politically significant person”, in relation to a foreign affiliations report for any pre‑election period, does not include an election agent;

“pre‑election period”, for an election, means a period of 12 months preceding —(a)

the date a declaration is made by the candidate under subsection (2) 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;[Act 8 of 2023 wef 29/12/2023]

“reporting period” means —(a)

for a candidate at an election, the pre‑election period of the election;

(b)

for an election agent of a candidate at an election, the period starting on the day the person becomes an election agent of the candidate (being after the appointed day), and ending on (and including) the 31st day after the results of that election are published; and

(c)

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.

—(1) Subject to this Act, a politically significant person must disclose to a competent authority in accordance with this Division every reportable arrangement to which the politically significant person is party at any time during a reporting period.

(2) Disclosure to a competent authority of every reportable arrangement to which a politically significant person is party during a reporting period must be in a foreign affiliations 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 77 and in the manner prescribed in Regulations or, subject to those Regulations, as approved by the competent authority;

(c)

contains the prescribed details or description of every such arrangement with a foreign principal during the reporting period, and the identity and other prescribed particulars of the foreign principal;

(d)

is signed by —(i)

the politically significant person who is an individual; or

(ii)

in any other case, 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 that politically significant person; and

(e)

is accompanied by a declaration in subsection (3) made by every person referred to in paragraph (d).

(3) The declaration required by subsection (2)(e) to accompany a foreign affiliations report of a politically significant person must contain a statement that, to the knowledge and belief of every person referred to in subsection (2)(d), there is no other reportable arrangement to which the politically significant person is party during the reporting period to which the foreign affiliations report relates.

(4) In this section and section 77 —“appointed day” means the date of commencement of this section;

“initial reporting period” means —(a)

for a candidate at the first election after the appointed day —(i)

in the case of an early initial election (as defined in section 55), the period of 12 months preceding —(A)

the date a declaration is made by the candidate under subsection (2) before nomination day at that early initial election; or

(B)

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

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

[Act 8 of 2023 wef 29/12/2023]

(ii)

the period of 12 months preceding —(A)

the date a declaration is made by the candidate under subsection (2) before nomination day at that election; or [Act 8 of 2023 wef 29/12/2023]

(B)

the day which is 2 clear days before nomination day at that election if no declaration mentioned in sub‑paragraph (A) is earlier made;[Act 8 of 2023 wef 29/12/2023]

(b)

for a candidate at an election other than an election in paragraph (a), the pre‑election period of the election;

(c)

for an election agent of a candidate at an election, the period starting on the day the person becomes an election agent of the candidate (being after the appointed day), and ending on (and including) the 31st day after the results of that election are published; or

(d)

for any other politically significant person —(i)

the period starting on the appointed day and ending on (and including) 31 December of the same year that appointed day falls, unless paragraph (b) applies; or

(ii)

the period starting on the day the person becomes a politically significant person (being after the appointed day), and ending on (and including) 31 December of the same year that day the person becomes a politically significant person falls;

“politically significant person”, in relation to a foreign affiliations report for any pre‑election period, does not include an election agent;

“pre‑election period”, for an election, means a period of 12 months preceding —(a)

the date a declaration is made by the candidate under subsection (2) 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;[Act 8 of 2023 wef 29/12/2023]

“reporting period” means —(a)

for a candidate at an election, the pre‑election period of the election;

(b)

for an election agent of a candidate at an election, the period starting on the day the person becomes an election agent of the candidate (being after the appointed day), and ending on (and including) the 31st day after the results of that election are published; and

(c)

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.