§ 78 — Criteria for grant, etc., of licence

78.—(1) This section applies where the Agency is deciding any of the following:(a)

whether an applicant should be granted a licence;

(b)

the conditions to impose on a licence;

(c)

whether to modify any condition of a licence.

(2) When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:(a)

whether the applicant or licensee, or an associate of the applicant or licensee, is or was disqualified by section 298 from holding the same licence or another licence;

(b)

whether regulatory action under section 83 has been or is being taken or is contemplated against the applicant or licensee;

(c)

any available information as to whether or not the applicant or licensee has been convicted or found guilty of any relevant offence within the meaning of section 83(3) (whether or not the offence was committed before, on or after the commencement of this section);

(d)

the applicant’s or licensee’s compliance history with any of the following so far as that relates to the trading activity to be authorised or authorised by the licence:(i)

the provisions of this Act or of a code of practice applicable to the applicant or licensee (as the case may be) with respect to that trading activity;

(ii)

the conditions of any similar licence granted to the applicant or licensee;

(iii)

the requirements of a holding order under section 73;

(iv)

a written notice under section 74(2), (3) or (4) requiring a controlled item to be treated, destroyed or re‑exported;

(e)

whether there are other grounds for considering that the applicant or licensee is likely in the future to fail to comply with any provision of this Act in connection with the trading activity to be authorised or authorised by the licence;

(f)

the applicant’s or licensee’s compliance history with Part 2, where applicable;

(g)

whether and how the applicant or licensee prepares to deal with the occurrence of a disruptive event affecting the supply in Singapore of the import‑controlled item covered or to be covered by the licence, including (and not limited to) having a procurement plan for that import‑controlled item;

(h)

whether it is otherwise not in the public interest of Singapore for the applicant to be granted a licence.

(3) Subsection (2) applies to an applicant or a licensee which is an entity with the following modifications:(a)

paragraph (a) of that subsection must be read as if the paragraph refers only to the officers of the entity instead of the entity;

(b)

paragraphs (b), (c) and (d) of that subsection must be read as if they refer to the entity and its officers.

(4) To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.

(5) The Agency may require an applicant for a licence to amend and re‑submit a procurement plan, for the purpose of assessing the application by the applicant.

(6) In granting a person a licence to import in the course of business an import‑controlled item stated in the licence, the Agency accepts the person’s procurement plan submitted under subsection (2)(g).

—(1) This section applies where the Agency is deciding any of the following:(a)

whether an applicant should be granted a licence;

(b)

the conditions to impose on a licence;

(c)

whether to modify any condition of a licence.

(2) When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:(a)

whether the applicant or licensee, or an associate of the applicant or licensee, is or was disqualified by section 298 from holding the same licence or another licence;

(b)

whether regulatory action under section 83 has been or is being taken or is contemplated against the applicant or licensee;

(c)

any available information as to whether or not the applicant or licensee has been convicted or found guilty of any relevant offence within the meaning of section 83(3) (whether or not the offence was committed before, on or after the commencement of this section);

(d)

the applicant’s or licensee’s compliance history with any of the following so far as that relates to the trading activity to be authorised or authorised by the licence:(i)

the provisions of this Act or of a code of practice applicable to the applicant or licensee (as the case may be) with respect to that trading activity;

(ii)

the conditions of any similar licence granted to the applicant or licensee;

(iii)

the requirements of a holding order under section 73;

(iv)

a written notice under section 74(2), (3) or (4) requiring a controlled item to be treated, destroyed or re‑exported;

(e)

whether there are other grounds for considering that the applicant or licensee is likely in the future to fail to comply with any provision of this Act in connection with the trading activity to be authorised or authorised by the licence;

(f)

the applicant’s or licensee’s compliance history with Part 2, where applicable;

(g)

whether and how the applicant or licensee prepares to deal with the occurrence of a disruptive event affecting the supply in Singapore of the import‑controlled item covered or to be covered by the licence, including (and not limited to) having a procurement plan for that import‑controlled item;

(h)

whether it is otherwise not in the public interest of Singapore for the applicant to be granted a licence.

(3) Subsection (2) applies to an applicant or a licensee which is an entity with the following modifications:(a)

paragraph (a) of that subsection must be read as if the paragraph refers only to the officers of the entity instead of the entity;

(b)

paragraphs (b), (c) and (d) of that subsection must be read as if they refer to the entity and its officers.

(4) To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.

(5) The Agency may require an applicant for a licence to amend and re‑submit a procurement plan, for the purpose of assessing the application by the applicant.

(6) In granting a person a licence to import in the course of business an import‑controlled item stated in the licence, the Agency accepts the person’s procurement plan submitted under subsection (2)(g).