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.
When to make foreign affiliations report
77.—(1) Subject to subsection (2), disclosure of every reportable arrangement to which a politically significant person is party during a reporting period must be given to a competent authority —(a)
in relation to a disclosure of arrangements or agreements to which a candidate is during the pre‑election period (as defined in section 76) for that election a party — no later than 2 clear days before nomination day of that election;[Act 8 of 2023 wef 29/12/2023]
(b)
in relation to a disclosure of arrangements or agreements to which an election agent of a candidate is party — no later than the 31st day after the results of that election are published; and
(c)
in any other case — no later than 31 January of the year following the year in which the reporting period ends.
(2) Regulations may prescribe a longer period for the purposes of subsection (1).
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.
Reporting involvement in foreign political organisation, etc.
79.—(1) An individual who is a citizen of Singapore (and whether or not resident in Singapore) must, within the prescribed time, give the competent authority a written declaration if the individual —(a)
is, on the appointed day, a member of a foreign legislature or a foreign political organisation; or
(b)
becomes, after the appointed day, a member of a foreign legislature or a foreign political organisation.
(2) The written declaration required by subsection (1) to be made by an individual must contain —(a)
the individual’s name and place of residence;
(b)
a description of the foreign legislature or the foreign political organisation of which the individual is a member and the nature of that membership; and
(c)
other particulars relating to the individual concerned prescribed in the Regulations.
(3) In subsection (1), the prescribed time means a period prescribed in Regulations —(a)
starting the appointed day in the case of an individual who, on that day, is a member of a legislature of a foreign country or a foreign political organisation; or
(b)
starting the date the individual concerned first becomes a member of a legislature of a foreign country or a foreign political organisation.
(4) In this section —“appointed day” means the date of commencement of this section;
“member”, in relation to a foreign legislature or a foreign political organisation, includes an individual who is an honorary member but does not include any person by reason only of being —(a)
an employee of the foreign legislature or foreign political organisation;
(b)
a person who regularly conducts, or takes part in, any activities (in or outside Singapore) organised or sponsored by the foreign legislature or foreign political organisation;
(c)
a person who regularly donates to the foreign legislature or foreign political organisation; or
(d)
a person who lobbies on behalf of the foreign legislature or foreign political organisation.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
