Statute Details
- Title: Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 18) Order 2013
- Full Title: N/A
- Act Code: TSFA2002-S437-2013
- Type: sl
- Commencement Date: 15 Jul 2013
- Parts: N/A
- Key Sections: 1, 2
- Related Legislation: Central Provident Fund Act, Timeline Authorising Act
What Is This Legislation About?
The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 18) Order 2013 is a piece of subsidiary legislation enacted under the Terrorism (Suppression of Financing) Act of Singapore. It provides a limited exemption from the general prohibition against dealing with property or funds that may be linked to terrorism financing.
Specifically, this Order exempts the Central Provident Fund (CPF) Board from the prohibition against dealing with the funds in the CPF account of an individual named Said Bin Ismail. It also exempts another individual, Norsiah Bte Sahali, from the prohibition against dealing with the funds withdrawn from Said Bin Ismail's CPF account and deposited into Norsiah's bank account.
The purpose of this Order is to facilitate the lawful withdrawal and transfer of CPF funds by Said Bin Ismail, despite potential concerns about the funds being linked to terrorism financing. The exemption is granted subject to specific conditions outlined in the Order.
What Are the Key Provisions?
The key provisions of the Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 18) Order 2013 are as follows:
Exemption for the CPF Board (Section 2(1)): The Order exempts the Central Provident Fund Board from the application of Section 6 of the Terrorism (Suppression of Financing) Act in respect of the payment of funds from Said Bin Ismail's CPF account to Norsiah Bte Sahali's bank account. This allows the CPF Board to facilitate the withdrawal and transfer of these funds, despite the potential terrorism financing concerns.
Exemption for Norsiah Bte Sahali (Section 2(2)): The Order also exempts Norsiah Bte Sahali from the application of Section 6 of the Terrorism (Suppression of Financing) Act in respect of:
- Any withdrawal from the bank account designated in the notice of exemption
- The use of the sums withdrawn from that account
This allows Norsiah to freely withdraw and use the funds transferred from Said Bin Ismail's CPF account, subject to the conditions stated in the notice of exemption.
Conditions of the Exemption (Section 2(3)): The exemption granted to Norsiah Bte Sahali for the use of the withdrawn funds is subject to the conditions stated in the notice of exemption referred to in Section 2(1).
How Is This Legislation Structured?
The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 18) Order 2013 is a short piece of subsidiary legislation consisting of two main sections:
- Citation and Commencement (Section 1): This section provides the title of the Order and states that it came into operation on 15 July 2013.
- Exemption (Section 2): This section outlines the specific exemptions granted by the Order, including the exemptions for the CPF Board and Norsiah Bte Sahali, as well as the conditions attached to the exemptions.
Who Does This Legislation Apply To?
The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 18) Order 2013 applies to the following parties:
- Central Provident Fund (CPF) Board: The Order exempts the CPF Board from the prohibition against dealing with the funds in Said Bin Ismail's CPF account, allowing the Board to facilitate the withdrawal and transfer of these funds.
- Said Bin Ismail: The individual whose CPF account funds are the subject of the exemption granted to the CPF Board.
- Norsiah Bte Sahali: The individual into whose bank account the funds from Said Bin Ismail's CPF account are to be deposited, and who is also granted an exemption from the prohibition against dealing with those funds.
The Order does not appear to apply to any other parties beyond these three individuals and entities.
Why Is This Legislation Important?
The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 18) Order 2013 is an important piece of legislation because it demonstrates the Singapore government's efforts to balance the need to prevent terrorism financing with the need to facilitate legitimate financial transactions.
The general prohibition against dealing with property or funds that may be linked to terrorism financing, as set out in the Terrorism (Suppression of Financing) Act, is a crucial tool in the fight against terrorism. However, there may be instances where the strict application of this prohibition could unduly restrict legitimate financial activities.
In this case, the Order provides a targeted exemption to allow the withdrawal and transfer of funds from Said Bin Ismail's CPF account, despite potential concerns about the funds being linked to terrorism financing. This exemption is granted subject to specific conditions, ensuring that the funds are transferred to a designated account and used in a manner that does not undermine the overall objectives of the Terrorism (Suppression of Financing) Act.
The Order demonstrates the Singapore government's willingness to take a nuanced and pragmatic approach to the enforcement of terrorism financing laws, recognizing that a one-size-fits-all approach may not always be appropriate. This flexibility and attention to context can help ensure that the law is applied in a way that is effective in combating terrorism financing, while also minimizing unnecessary disruption to legitimate financial activities.
Related Legislation
- Terrorism (Suppression of Financing) Act (Chapter 325)
- Central Provident Fund Act (Chapter 36)
Source Documents
This article provides an overview of the Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 18) Order 2013 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.