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Foreign Interference (Countermeasures) Act 2021 Division 3 — Stepped up countermeasures

s 83–s 85 · 3 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Directive prohibiting foreign membership, responsible officer, etc.

s 83

83.—(1) A directive under this section may be given by a competent authority only to any Part 4 politically significant entity. (2) A competent authority may give a directive to a Part 4 politically significant entity prohibiting the Part 4 politically significant entity —(a) from appointing or reappointing as a responsible officer of the Part 4 politically significant entity, an individual who is —(i) a foreigner; or (ii) a particular foreigner specified in the directive; or (b) from permitting to act as a responsible officer of the Part 4 politically significant entity, an individual who is —(i) a foreigner; or (ii) a particular foreigner specified in the directive. (3) A competent authority may give a directive to a Part 4 politically significant entity prohibiting the Part 4 politically significant entity from accepting as a member of the Part 4 politically significant entity, an individual who is a foreigner, or a particular foreigner specified in the directive. (4) A directive under subsection (2) or (3) may, in particular, direct the Part 4 politically significant entity —(a) to suspend for a period specified in the directive, a particular foreigner from the exercise of his or her office, employment or membership (as the case may be) pending consideration being given to the foreigner’s removal (whether under this section or otherwise) from his or her office, employment or membership; or (b) to remove, within the period specified in the directive, a particular foreigner from his or her office, employment or membership. (5) However, a period of suspension under subsection (4)(a) must not exceed 24 months. (6) For the purposes of this section, “appointing” includes appointing on an acting or a temporary basis.

Directive to end affiliation, etc., with foreign principal

s 84

84.—(1) A directive under this section may be given by a competent authority to any politically significant person. (2) A directive under this section may require a politically significant person given the directive to end, within the period specified in the directive, any arrangement specified in the directive, being a reportable arrangement within the meaning of section 78.

Directive prohibiting, etc., foreign volunteers

s 85

85.—(1) A directive under this section may be given by a competent authority only to a Part 4 politically significant person. (2) A competent authority may give a directive to a Part 4 politically significant person either —(a) prohibiting the person from accepting, or requiring that person to stop accepting, any voluntary labour, or voluntary professional services, provided or to be provided —(i) generally by any individual who is not a citizen of Singapore; or (ii) by a particular individual specified in the directive who is not a citizen of Singapore, to or for the benefit of the Part 4 politically significant person; or (b) requiring the Part 4 politically significant person to disclose, in accordance with subsection (3), all voluntary labour, or voluntary professional services, provided during each reporting period —(i) by an individual who is not a citizen of Singapore; and (ii) to or for the benefit of the Part 4 politically significant person. (3) Disclosure to a competent authority required under subsection (2)(b) must be in a foreign volunteers report relating to a reporting period that —(a) is in the form required by the competent authority and in the manner prescribed in Regulations or, subject to those Regulations, as approved by the competent authority; (b) is given to the competent authority no later than 31 January in the year following the year in which the voluntary labour, or voluntary professional services, was provided; (c) contains the prescribed details of every voluntary labour, or voluntary professional services, provided during the reporting period to the Part 4 politically significant person by an individual who is not a citizen of Singapore, and the prescribed particulars of each such volunteer; (d) is signed by the person who is prescribed by Regulations to be responsible for making the foreign volunteers report relating to the Part 4 politically significant person; and (e) is accompanied by a declaration made by the person mentioned in paragraph (d) as responsible for making the foreign volunteers report relating to the Part 4 politically significant person. (4) Regulations may prescribe a longer period for the purposes of subsection (3)(b). (5) Nothing in this section prohibits the receipt by a Part 4 politically significant person of any voluntary labour or voluntary professional services as follows:(a) any voluntary labour or voluntary professional services of a prescribed type, being labour or services that are performed solely pursuant to a contract for service entered into or with a person providing any service to or for the benefit of a Part 4 politically significant person; (b) any voluntary labour or voluntary professional services provided to a Part 4 politically significant person by an officer or a member of the Part 4 politically significant person. (6) In this section —“reporting period” means the period of 12 months starting 1 January and ending 31 December in any year, and includes a special reporting period; “special reporting period” means the period —(a) starting the date the directive under subsection (2) takes effect; and (b) ending on (and including) 31 December of the same year the date in paragraph (a) falls.

Back to Foreign Interference (Countermeasures) Act 2021 — full text

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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗

Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

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