Statute Details
- Title: Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 12) Order 2013
- Full Title: N/A
- Act Code: TSFA2002-S431-2013
- Type: sl
- Commencement Date: 15 Jul 2013
- Parts: N/A
- Key Sections: 1, 2
- Related Legislation: Terrorism (Suppression of Financing) Act
What Is This Legislation About?
The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 12) Order 2013 is a subsidiary legislation issued under the Terrorism (Suppression of Financing) Act of Singapore. It provides a specific exemption from the prohibition against dealing with property related to terrorism financing for two named individuals - Mohammad Bin Hashim and Hawa Binte Syed Abu Bakar.
The key purpose of this Order is to allow Mohammad Bin Hashim to sell his motor vehicle and have the proceeds deposited into an account belonging to Hawa Binte Syed Abu Bakar. It also exempts Hawa Binte Syed Abu Bakar from the prohibition on withdrawing and using the funds in that account, subject to certain conditions.
This exemption is granted by the Minister for Home Affairs under the powers conferred by the Terrorism (Suppression of Financing) Act. It represents a targeted, case-specific exception to the general prohibition on dealing with property related to terrorism financing, as outlined in the parent Act.
What Are the Key Provisions?
The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 12) Order 2013 contains two main provisions:
Exemption for Mohammad Bin Hashim: Section 2(1) of the Order exempts Mohammad Bin Hashim from the application of Section 6 of the Terrorism (Suppression of Financing) Act. This allows him to sell his motor vehicle bearing registration number SFH 6241 T to MTM Mohamed Taifoor Motoring, and receive any profits from the sale. However, the profits must be deposited into a bank account belonging to Hawa Binte Syed Abu Bakar, as designated in a notice of exemption issued on 15 July 2013.
Exemption for Hawa Binte Syed Abu Bakar: Section 2(2) of the Order exempts Hawa Binte Syed Abu Bakar from the application of Section 6 of the Act in two ways: (a) any withdrawal from the designated bank account, and (b) the use of the sums withdrawn. This exemption is subject to the conditions stated in the notice of exemption referred to in Section 2(1).
The Order does not provide any further details on the specific conditions attached to Hawa Binte Syed Abu Bakar's exemption. These would be outlined in the separate notice of exemption mentioned.
How Is This Legislation Structured?
The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 12) Order 2013 is a short, two-section subsidiary legislation. The first section provides the citation and commencement date, while the second section outlines the specific exemptions granted.
Section 2 contains the substantive provisions of the Order. It is divided into three sub-sections:
- Section 2(1) provides the exemption for Mohammad Bin Hashim
- Section 2(2) provides the exemption for Hawa Binte Syed Abu Bakar
- Section 2(3) states that Hawa Binte Syed Abu Bakar's exemption is subject to conditions in a separate notice of exemption
The Order does not contain any other sections or provisions beyond these core elements.
Who Does This Legislation Apply To?
The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 12) Order 2013 applies specifically to two named individuals:
- Mohammad Bin Hashim (NRIC No. S1543748J)
- Hawa Binte Syed Abu Bakar (NRIC No. S1795105Z)
The Order grants them exemptions from the prohibition on dealing with property related to terrorism financing, as outlined in the Terrorism (Suppression of Financing) Act. The exemptions are limited to the specific activities described in the Order - the sale of Mohammad Bin Hashim's motor vehicle and the subsequent handling of the sale proceeds by Hawa Binte Syed Abu Bakar.
No other individuals or entities are covered by the provisions of this Order. It represents a targeted, case-specific exemption rather than a general rule or principle.
Why Is This Legislation Important?
The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 12) Order 2013 is an important piece of subsidiary legislation that demonstrates the flexibility of Singapore's legal framework for combating terrorism financing.
The Terrorism (Suppression of Financing) Act establishes a broad prohibition on dealing with property related to terrorism financing. However, the Act also empowers the Minister for Home Affairs to grant exemptions from this prohibition in appropriate circumstances.
This Order represents the exercise of that exemption power. It allows two named individuals to engage in a specific transaction and handle the resulting funds, despite the general prohibition in the parent Act. This shows that the Singapore government can take a targeted, case-by-case approach to balancing anti-terrorism financing measures with practical realities.
From an enforcement perspective, the conditions attached to Hawa Binte Syed Abu Bakar's exemption (as outlined in the separate notice) indicate that the authorities are closely monitoring the use of the exempted funds. This suggests a nuanced, risk-based approach to implementing the terrorism financing laws.
Overall, the Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 12) Order 2013 demonstrates Singapore's commitment to a flexible, responsive legal framework for combating terrorism financing, while also allowing for appropriate exceptions in specific circumstances.
Related Legislation
- Terrorism (Suppression of Financing) Act (Chapter 325)
Source Documents
This article provides an overview of the Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 12) Order 2013 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.