New Bill seeks to enhance assistance in international criminal matters, align with Financial Action Task Force recommendations
Amendments to Acts clarifies role of Attorney-General’s Chambers in providing statements to foreign authorities, raises bar in rules for trusts
SINGAPORE has introduced a bill to enhance the legal framework for international assistance in criminal matters and extradition, intending to align its laws with recommendations by the Financial Action Task Force (FATF).
Tabled in Parliament on Monday (Oct 14), the Mutual Assistance in Criminal Matters (Amendment) and Other Matters Bill seeks, among other amendments, to clarify what constitutes a confiscation order issued by a foreign authority for the recovery, forfeiture or confiscation of any property.
It also aims to flesh out the role played by the Attorney-General (AG) in areas such as requests for assistance by foreign authorities and transmitting certified evidence to the appropriate authority.
Singapore can provide mutual legal assistance to other jurisdictions under the Mutual Assistance in Criminal Matters Act 2000, in relation to criminal investigations or proceedings, according to the FATF. Requests are processed by the Attorney-General’s Chambers (AGC).
Assistance includes the production or seizure of information, documents or evidence (including financial records) from financial institutions, other entities or persons. It can also include searches of financial institutions, other entities and domiciles.
In the last mutual evaluation report on Singapore conducted by FATF and Asia/Pacific Group on Money Laundering in 2016, the Republic received a largely compliant rating for its mutual legal assistance in criminal matters, as it fell short in some areas related to this section. A follow-up report in 2019 kept to the largely compliant rating for this area.
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The amendments in the Bill therefore “seeks to give effect” to certain recommendations of FATF.
For example, one aspect that FATF highlighted was that the power of Singapore’s local authorities to take a witness statement from a suspect or accused was not available when a foreign jurisdiction makes a request for mutual legal assistance.
The Bill will clarify that the Mutual Assistance in Criminal Matters Act “will not prevent the provision of international assistance to a foreign country that relates to the recording and transmission of a person’s statement for the purposes of any criminal matter in the foreign country, with the person’s consent”.
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A new section in the Act will also provide for a request that a statement be taken from a person in Singapore for the purposes of any criminal investigation in the foreign country.
This addresses an “apparent gap in the law”, as the Act had applied only to the taking of evidence where there are criminal proceedings pending in the court of a foreign country.
As the requests are processed by the AGC, the AG may, by written notice, direct an authorised officer to take the statement from the person. The AG may then transmit the statement to the authority that requested for it.
The amendments also note that the AG must comply with the instructions from the minister charged with the responsibility of the Mutual Legal Assistance and Criminal Matters Act, in relation to a Singapore or foreign request, unless prohibited by any provision of the Act.
More teeth in governing trusts
If the Bill is passed, other Acts are also set to be amended.
Under amendments to the Extradition Act 1968, the Bill will clarify that Singapore may make an extradition request to any territory by amending the definition of “foreign state”.
Meanwhile, additions to the Trustees Act 1967 – which applies to trusts – makes it an offence for a person to give access to any potentially false or misleading information, document or material to the Commissioner of Trust Enforcement or an authorised officer.
The commissioner is a public officer appointed by the minister in charge of the Act.
It will also be an offence for a person to refuse or fail to give access to information required by the commissioner; fail to comply with a notice requiring the person be examined by the commissioner; obstruct or hinder the authorities, or attempt to do so; and dispose of any property contrary to any orders issued by the commissioner.
If the Bill is passed, the Trustees Act will also be amended to allow the minister in charge of the Act to make regulations to provide that a trustee or a relevant trust must retain any prescribed document relating to the trust. They must also keep and maintain up-to-date records of any information related to the trust.
The maximum fine for an offence related to these regulations will be raised to S$25,000, from the current S$1,000.
The Bill also seeks to amend other Acts, such as the Banking Act 1970 and Trust Companies Act 2005, by inserting a reference to the Trustees Act 1967.
“These amendments ensure that a bank may disclose customer information (and a licensed trust company may disclose information regarding a protected party, etc) to a public officer who is duly authorised under the Trustees Act 1967 to carry out an investigation,” said the Bill.
Lawmakers are expected to debate the Bill at the next sitting of Parliament.
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