Statute Details
- Title: Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) (Prescribed Regulated Persons and Prescribed Specified Regulators under Section 45) Regulations 2024
- Act Code: CDTOSCCBA1992-S865-2024
- Legislation Type: Subsidiary legislation (Regulations)
- Authorising Act: Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992
- Enacting Authority: Minister for Home Affairs
- Enacting Power: Section 85 of the Act
- Commencement: 14 November 2024
- Key Provisions: Section 2 (Regulated persons); Section 3 (Specified regulators); Schedule (lists prescribed persons and regulators)
- Latest Status (as provided): Current version as at 27 March 2026
- Noted Amendments in Timeline (as provided): Amended by S 396/2025 (version dated 9 June 2025)
What Is This Legislation About?
The Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) (Prescribed Regulated Persons and Prescribed Specified Regulators under Section 45) Regulations 2024 (“the Regulations”) are a Singapore subsidiary legislative instrument made under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 (“the Act”). In practical terms, the Regulations operationalise a specific part of the Act—namely, the framework in section 45—by identifying (i) which bodies are “specified regulators” and (ii) which categories of persons fall within the definition of “regulated person” for the purposes of that section.
In plain language, the Regulations help determine who is subject to the Act’s confiscation-related compliance and reporting ecosystem under section 45. Section 45 of the Act typically targets situations where certain persons hold or manage assets or benefits that may be connected to serious offences (such as corruption and drug trafficking). The Act’s broader objective is to deprive offenders of the benefits of crime and to strengthen the ability of authorities to trace, freeze, and confiscate such benefits. The Regulations are therefore not a standalone anti-corruption statute; rather, they are a “designation” instrument that assigns roles to particular regulators and persons.
Because the Regulations rely on cross-references to the Act—especially section 45(11)—their legal effect depends on how the Act defines “regulated person” and how section 45(11) uses that definition. The Regulations do not themselves create substantive confiscation powers; instead, they determine the categories of persons and institutions that are brought within the section 45 regime.
What Are the Key Provisions?
Section 1 (Citation and commencement) is straightforward. It provides the short title and confirms that the Regulations come into operation on 14 November 2024. For practitioners, commencement matters because designation under subsidiary legislation can affect whether obligations apply to a person or institution from a particular date, and it can also be relevant when assessing compliance steps taken before or after the Regulations took effect.
Section 2 (Regulated persons) is the central “designation” provision for individuals and entities. It states that, for the purposes of the definition of “regulated person” in section 45(11) of the Act, each person within a class of persons in the second column of the Schedule is prescribed as a “regulated person” of the specified regulator in the first column of the Schedule opposite that group.
This drafting technique is important. It means the Schedule is not merely illustrative; it is the operative mapping tool. The Schedule pairs each “specified regulator” (first column) with the class(es) of persons that become “regulated persons” under that regulator’s umbrella (second column). In other words, the Regulations create a structured matrix: Regulator A ↔ Class of persons X (regulated persons). The legal consequence is that obligations under section 45 (as implemented by the Act) attach to those designated classes of persons, but in a way that is linked to the relevant regulator.
Section 3 (Specified regulators) defines which bodies are “specified regulators” for the purposes of section 45(11) of the Act. It does so by prescribing categories of regulators that appear in the Schedule’s first column. Section 3 provides two broad categories:
- Section 3(a): each ministry, department or Organ of State of the Government, or each public officer of any ministry, department or Organ of State; and
- Section 3(b): each public authority established under any public Act for a public purpose, or each officer or employee of the public authority.
For legal practitioners, this is a key interpretive anchor: the Regulations are largely oriented towards public-sector regulators and their officers/employees, rather than private-sector regulators. The Schedule then specifies which particular ministries, departments, organs of state, public authorities, and their officers/employees are treated as “specified regulators” for section 45 purposes.
The Schedule is the operative list. Although the extract provided does not reproduce the Schedule’s contents, the Regulations’ structure makes clear that the Schedule contains the definitive mapping between specified regulators (first column) and regulated persons (second column). Any practitioner advising on whether a particular person is a “regulated person” under section 45(11) must consult the Schedule directly.
How Is This Legislation Structured?
The Regulations are compact and structured in a typical Singapore subsidiary-legislation format:
- Enacting Formula (identifies the enabling power under section 85 of the Act and the Minister’s authority).
- Part/Section 1: Citation and commencement.
- Section 2: Prescribes “regulated persons” by reference to the Schedule’s second column and links them to the specified regulator in the first column.
- Section 3: Prescribes “specified regulators” by describing the types of public bodies and public officers/employees that may be listed in the Schedule.
- The Schedule: The detailed list/matrix of “specified regulators” and “regulated persons.”
From a practitioner’s perspective, the Regulations are best read as a designation instrument that “turns on” the section 45 regime for particular categories of persons and particular public bodies.
Who Does This Legislation Apply To?
The Regulations apply to two linked groups for the purposes of section 45(11) of the Act:
- Specified regulators: ministries, departments, organs of state, public officers, public authorities established under public Acts, and their officers/employees—as identified in the Schedule.
- Regulated persons: persons within the classes listed in the Schedule’s second column, each class being prescribed as a regulated person of the specified regulator shown opposite it in the first column.
Because the extract does not list the Schedule entries, the exact scope for “regulated persons” cannot be determined from the provided text alone. However, the legal method is clear: you must identify the relevant specified regulator and then check whether the person falls within the class of persons listed opposite that regulator in the Schedule.
In practice, this means the Regulations are likely to be relevant to public-sector compliance, governance, and reporting arrangements—particularly where the Act’s section 45 regime imposes duties or triggers consequences for designated persons. Lawyers advising public authorities, public officers, or persons interacting with them should treat the Schedule as the definitive authority.
Why Is This Legislation Important?
Although the Regulations are brief, they are legally significant because they determine who is caught by section 45(11) of the Act. In confiscation and anti-corruption frameworks, designation rules often drive compliance obligations, reporting pathways, and the applicability of investigative or procedural mechanisms. If a person is not a “regulated person” under the Regulations, the section 45 regime may not apply in the same way; conversely, if they are designated, they may be subject to duties or exposure to enforcement actions under the Act.
Second, the Regulations reflect a governance approach that targets public-sector institutions. By prescribing ministries, departments, organs of state, public authorities, and their officers/employees as specified regulators, the Regulations ensure that the section 45 framework is anchored in the public administration ecosystem. This can matter for internal controls, asset declarations or reporting processes, and the coordination between regulators and enforcement authorities.
Third, the Regulations’ amendment history (noted as amended by S 396/2025 with a version dated 9 June 2025) underscores that designation lists can evolve. Practitioners should therefore verify the current version as at the relevant date for their matter. Where obligations depend on whether a person was designated at a particular time, using an outdated version can lead to compliance errors or incorrect legal advice.
Finally, because the Regulations are made under section 85 of the Act, they sit within the Act’s enforcement architecture. Even where the Regulations themselves do not describe substantive confiscation procedures, they are a necessary step in implementing the Act’s policy objectives—namely, enabling effective tracing and confiscation of benefits connected to serious crimes.
Related Legislation
- Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 (including section 45 and section 85)
Source Documents
This article provides an overview of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) (Prescribed Regulated Persons and Prescribed Specified Regulators under Section 45) Regulations 2024 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.