Statute Details
- Title: Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 17) Order 2013
- Full Title: N/A
- Act Code: TSFA2002-S436-2013
- Type: sl
- Commencement Date: N/A
- Parts: N/A
- Key Sections: 1, 2, 3, 4
- Related Legislation: Internal Security Act, Timeline Authorising Act, United Nations Act
What Is This Legislation About?
The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 17) Order 2013 is a piece of subsidiary legislation enacted under the Terrorism (Suppression of Financing) Act of Singapore. Its primary purpose is to provide limited exemptions from the general prohibition against dealing with terrorist property, as set out in the parent Act, for certain specified persons and their nominees.
The Order aims to facilitate the continued provision of basic financial assistance and services to individuals who have been designated as terrorists under Singapore's counter-terrorism laws and regulations, while still maintaining the overall prohibition on dealing with terrorist property. This balanced approach seeks to uphold Singapore's obligations under international counter-terrorism frameworks while also ensuring that the basic needs of such designated individuals are met.
What Are the Key Provisions?
The key provisions of the Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 17) Order 2013 are as follows:
Definition of "Specified Person" (Section 2): The Order defines a "specified person" as any person in Singapore who has been designated as a terrorist under regulations made pursuant to the United Nations Act, and who is either: (a) detained under an order made under the Internal Security Act; (b) placed under a restriction order under the Internal Security Act; (c) was previously the subject of an Internal Security Act order that has since been suspended; or (d) was previously the subject of an Internal Security Act restriction order that has since lapsed.
Exemption for Central Provident Fund Board and SP Services (Section 3): The Order exempts the Central Provident Fund Board and SP Services (a public utility provider) from the prohibition on dealing with terrorist property under Section 6 of the Terrorism (Suppression of Financing) Act. Specifically, it allows:
- The Central Provident Fund Board to make cash payments to the nominees of specified persons under the Goods and Services Tax Voucher (GSTV) Scheme, provided the payments are deposited into the nominee's designated bank account.
- The Central Provident Fund Board to credit GSTV-Medisave top-ups to the Medisave accounts of specified persons.
- SP Services to credit GSTV-U Save rebates into the household utilities accounts of specified persons.
Exemption for Nominees of Specified Persons (Section 4): The Order also exempts the nominees of specified persons from the prohibition on dealing with terrorist property, but with certain conditions:
- Except with prior approval, the nominee can only withdraw funds from the designated bank account to pay for the basic domestic needs of the nominee and their family, such as food, clothing, medicines, medical treatment, insurance premiums, etc.
- The nominee is prohibited from transferring any of the withdrawn funds to any other bank account of the nominee, the specified person, or any other person.
How Is This Legislation Structured?
The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 17) Order 2013 is a relatively concise piece of legislation, consisting of only four sections:
- Citation and Commencement - Provides the title of the Order and its commencement date.
- Definition - Defines the term "specified person" for the purposes of the Order.
- Exemption - Sets out the specific exemptions granted to the Central Provident Fund Board and SP Services from the prohibition on dealing with terrorist property.
- Exemption of Nominee of Specified Person - Provides the exemptions and conditions applicable to the nominees of specified persons.
Who Does This Legislation Apply To?
The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 17) Order 2013 applies to the following parties:
- Specified Persons - Individuals in Singapore who have been designated as terrorists under regulations made pursuant to the United Nations Act and are subject to detention or restriction orders under the Internal Security Act.
- Nominees of Specified Persons - Individuals nominated by the specified persons to receive certain financial assistance and services on their behalf.
- Central Provident Fund Board - The statutory board responsible for administering Singapore's national pension scheme, which is granted exemptions under the Order.
- SP Services - The public utility provider in Singapore, which is also granted exemptions under the Order.
Why Is This Legislation Important?
The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 17) Order 2013 is an important piece of legislation that balances Singapore's obligations under international counter-terrorism frameworks with the need to ensure that the basic needs of designated terrorists are met.
The Order provides a limited and controlled mechanism for the continued provision of certain financial assistance and services to specified persons and their nominees, while still maintaining the overall prohibition on dealing with terrorist property. This helps to uphold Singapore's commitment to cutting off terrorist financing, while also ensuring that designated individuals are not deprived of access to essential resources for their basic welfare.
From a practical perspective, the exemptions granted under the Order ensure that specified persons and their nominees can continue to receive government-provided financial assistance, such as the Goods and Services Tax Voucher Scheme, and have their basic utility needs met. This helps to mitigate the potential hardship and humanitarian concerns that could arise from a blanket prohibition on dealing with the property of designated terrorists.
Ultimately, the Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 17) Order 2013 represents a nuanced and balanced approach to counter-terrorism financing, which is essential for maintaining the effectiveness and legitimacy of Singapore's broader counter-terrorism framework.
Related Legislation
- Terrorism (Suppression of Financing) Act
- Internal Security Act
- United Nations Act
Source Documents
This article provides an overview of the Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 17) Order 2013 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.