'Legitimate business activities' will not be captured within scope of FICA: MHA
THE proposed Foreign Interference (Countermeasures) Act will not affect "legitimate business exchanges and activities", as these will not meet the thresholds to be caught under the Act, a Ministry of Home Affairs (MHA) spokesperson said in response to queries from The Business Times.
"FICA does not stop businesses and organisations from building overseas partnerships or soliciting overseas business, networking with foreigners, going to conferences or seminars, or supporting charities," they said.
Due to be debated in Parliament next week, the proposed law has sparked concerns and criticism over aspects such as its broad wording - with uncertainty over what sorts of behaviour could fall under the Act - and restriction of judicial review.
FICA deals with foreign interference via online hostile information campaigns (HIC) or the use of local proxies "to polarise society, create public disorder, manipulate our domestic politics or undermine our political sovereignty", said the MHA.
"It is primarily concerned about covert and clandestine activities to such end, and not open, transparent and attributable activities, transactions, relationships, or even criticisms."
The MHA said that the Bill sets out clear thresholds on when a counter-HIC direction may be issued, and when an offence has been committed, adding: "Involvement with 'foreign principals' alone is not sufficient."
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All three of these conditions must be met: First, there must be online communications activity, or planning for such activity; second, the activity must be conducted by or on behalf of a foreign principal; and third, it must be in the public interest.
The MHA noted that hostile information campaigns globally have taken many forms and used different tactics, with non-state actors - including businesses - having been involved as conduits in some cases.
"To be able to protect Singapore adequately, the Bill must provide for the ability to deal effectively with a wide range of tactics."
The MHA gave two scenarios where organisations might become conduits and FICA might hence be used.
One is where an organisation participates in a HIC. For example, it might be paid or instructed by a foreign actor to campaign online through bots, fake accounts, and so on, in favour of a policy change in Singapore.
A local organisation might also pass off online comments on domestic politics as its own - that is, being made by Singaporeans - "without disclosing their relationship to a foreign actor at whose behest it is acting". This would constitute an offence, and counter-HIC directions may be issued.
The second scenario is when an organisation's activity "is directed wholly or in part towards a political end", and there is "a risk or possibility" that it may be acting on behalf of or receiving funds from a foreign actor.
In this scenario, the organisation may be designated as a Politically Significant Person, and be subjected to disclosure requirements.
"If there is increased risk of foreign interference, stepped-up countermeasures such as foreign funding restrictions may be imposed," said the MHA.
They clarified that unwitting actions are not criminalised under FICA. For instance, there is no offence if a person or organisation "unwittingly and unknowingly" sends electronic communications that is being propagated by a foreign actor as part of a HIC. There is only an offence if such communication "is done intentionally and in a way that is covert or deceptive".
Said the MHA: "We are not the only or first country to introduce laws to tackle the threat of foreign interference. FICA would strengthen and protect our political stability, which has helped us attract businesses to invest here."
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