§ 78 — What is reportable arrangement

78.—(1) A reportable arrangement to which a politically significant person is party is an arrangement —(a)

the politically significant person enters into or has with a foreign principal; and

(b)

under which the politically significant person —(i)

undertakes an activity on behalf of the foreign principal, even if the activity is not directed towards a political end in Singapore;

(ii)

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 principal or, where the foreign principal is an entity, of the governing body of the foreign principal, even if the act is not directed towards a political end in Singapore;

(iii)

is a member of the foreign principal, even if the membership is not directed towards a political end in Singapore; or

(iv)

has a direct association or an immediate affiliation with the foreign principal, even if the association or affiliation is not directed towards a political end in Singapore.

(2) To avoid doubt, a politically significant person is party to a reportable arrangement under subsection (1) even if the person undertakes an activity mentioned in subsection (1)(b)(i) only once, and even if no such activity is undertaken under an arrangement mentioned in subsection (1)(a).

(3) In addition, any of the following politically significant persons who are not entities:(a)

an individual who is designated under section 48(1) as a politically significant person;

(b)

a candidate;

(c)

an election agent of a candidate;

(d)

a political office holder;

(e)

a Member of Parliament (whether or not a political office holder),

has a reportable arrangement to which such a politically significant person is party if he or she is granted a migration benefit by or on behalf of a foreign government, even if he or she did not voluntarily claim or apply for it.

(4) In subsection (3), a migration benefit means any of the following that is or may be granted by or on behalf of a foreign government to an individual who is not a citizen of the foreign country of that foreign government: (a)

an honorary citizenship in that foreign country;

(b)

a document of identity issued for travel purposes (whether or not also issued for another purpose), including a passport;

(c)

an entitlement or a privilege or status in order to work or reside (otherwise than temporarily) in that foreign country, which is such an entitlement or a privilege or status prescribed in the Regulations.

(5) To avoid doubt, a politically significant person is party to a reportable arrangement under subsection (3) even if the person does not exercise any right or otherwise use any migration benefit mentioned in subsection (3).

(6) However, none of the following is a reportable arrangement within the meaning of this section:(a)

a marriage between a politically significant person mentioned in subsection (3) and a foreigner or foreign government‑related individual;

(b)

an arrangement under which the politically significant person mentioned in subsection (3) undertakes an activity on behalf of a foreigner or foreign government‑related individual where —(i)

the politically significant person and the foreigner or foreign government‑related individual —(A)

are members of the same family; or

(B)

know each other personally;

(ii)

the politically significant person undertaking the activity does so because of the relationship in sub‑paragraph (i) and solely in that person’s personal capacity; and

(iii)

the activity is, or relates primarily to, representing in good faith the interests of the foreigner or foreign government‑related individual in relation to matters affecting the personal welfare of the foreigner or foreign government‑related individual, as the case may be;

(c)

an arrangement under which the politically significant person has a direct association or collaboration or an immediate affiliation with the foreign principal solely because of a common membership in an association or a corporation that is not a foreign principal.

—(1) A reportable arrangement to which a politically significant person is party is an arrangement —(a)

the politically significant person enters into or has with a foreign principal; and

(b)

under which the politically significant person —(i)

undertakes an activity on behalf of the foreign principal, even if the activity is not directed towards a political end in Singapore;

(ii)

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 principal or, where the foreign principal is an entity, of the governing body of the foreign principal, even if the act is not directed towards a political end in Singapore;

(iii)

is a member of the foreign principal, even if the membership is not directed towards a political end in Singapore; or

(iv)

has a direct association or an immediate affiliation with the foreign principal, even if the association or affiliation is not directed towards a political end in Singapore.

(2) To avoid doubt, a politically significant person is party to a reportable arrangement under subsection (1) even if the person undertakes an activity mentioned in subsection (1)(b)(i) only once, and even if no such activity is undertaken under an arrangement mentioned in subsection (1)(a).

(3) In addition, any of the following politically significant persons who are not entities:(a)

an individual who is designated under section 48(1) as a politically significant person;

(b)

a candidate;

(c)

an election agent of a candidate;

(d)

a political office holder;

(e)

a Member of Parliament (whether or not a political office holder),

has a reportable arrangement to which such a politically significant person is party if he or she is granted a migration benefit by or on behalf of a foreign government, even if he or she did not voluntarily claim or apply for it.

(4) In subsection (3), a migration benefit means any of the following that is or may be granted by or on behalf of a foreign government to an individual who is not a citizen of the foreign country of that foreign government: (a)

an honorary citizenship in that foreign country;

(b)

a document of identity issued for travel purposes (whether or not also issued for another purpose), including a passport;

(c)

an entitlement or a privilege or status in order to work or reside (otherwise than temporarily) in that foreign country, which is such an entitlement or a privilege or status prescribed in the Regulations.

(5) To avoid doubt, a politically significant person is party to a reportable arrangement under subsection (3) even if the person does not exercise any right or otherwise use any migration benefit mentioned in subsection (3).

(6) However, none of the following is a reportable arrangement within the meaning of this section:(a)

a marriage between a politically significant person mentioned in subsection (3) and a foreigner or foreign government‑related individual;

(b)

an arrangement under which the politically significant person mentioned in subsection (3) undertakes an activity on behalf of a foreigner or foreign government‑related individual where —(i)

the politically significant person and the foreigner or foreign government‑related individual —(A)

are members of the same family; or

(B)

know each other personally;

(ii)

the politically significant person undertaking the activity does so because of the relationship in sub‑paragraph (i) and solely in that person’s personal capacity; and

(iii)

the activity is, or relates primarily to, representing in good faith the interests of the foreigner or foreign government‑related individual in relation to matters affecting the personal welfare of the foreigner or foreign government‑related individual, as the case may be;

(c)

an arrangement under which the politically significant person has a direct association or collaboration or an immediate affiliation with the foreign principal solely because of a common membership in an association or a corporation that is not a foreign principal.