Statute Details
- Title: Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 4) Order 2007
- Act Code: TSFA2002-S230-2007
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Terrorism (Suppression of Financing) Act (Cap. 325)
- Enacting Authority: Minister for Home Affairs (made by Permanent Secretary, Ministry of Home Affairs)
- Order Number: No. 4
- SL Citation: SL 230/2007
- Date Made: 5 June 2007
- Commencement: 6 June 2007
- Status: Current version as at 27 Mar 2026
- Key Provisions (from extract): Section 1 (Citation and commencement); Section 2 (Exemption)
What Is This Legislation About?
The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 4) Order 2007 is a narrow, targeted legal instrument made under Singapore’s Terrorism (Suppression of Financing) Act (the “TSFA”). In plain terms, it creates a specific exemption for one named individual from a particular statutory prohibition relating to “dealing” with property.
Under the TSFA, certain persons and property connected to terrorism financing are subject to restrictions designed to prevent the movement, use, or disposal of assets that may facilitate terrorism. The “prohibition against dealing” is a central compliance mechanism: it restricts how affected property may be handled. However, the law also recognises that rigid application of prohibitions can, in some circumstances, produce outcomes that are unnecessary or disproportionate—particularly where the proposed action does not meaningfully undermine the protective purpose of the freezing or dealing restrictions.
This Order is an example of that balancing approach. It does not repeal the TSFA or create a general exemption. Instead, it grants a one-person, one-scope exemption limited to a specific type of transaction: the de-registration and scrapping of a motor cycle bearing a specified registration number. The Order therefore functions as a procedural and substantive “permission” carved out from the TSFA’s general prohibition.
What Are the Key Provisions?
Section 1: Citation and commencement provides the formal identification and timing of the Order. It states that the Order may be cited as the “Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 4) Order 2007” and that it comes into operation on 6 June 2007. For practitioners, this matters because exemptions only become effective from their commencement date; actions taken before that date may still be subject to the TSFA prohibition.
Section 2: Exemption is the operative provision. It identifies Mohamad Anuar Bin Margono (NRIC No. S7005368C) and exempts him from the application of section 6 of the Act in respect of a specific set of dealings: the de-registration and scrapping of his motor cycle bearing registration number FK 9076T.
In practical terms, the exemption means that, notwithstanding the general prohibition against dealing under section 6 of the TSFA, the named individual is permitted to take the specified administrative and disposal steps relating to that particular vehicle. The wording is important: the exemption is not framed as a general permission to deal with all assets, nor is it a broad exemption from all TSFA restrictions. It is limited to (i) the named person, (ii) the specified vehicle, and (iii) the specified actions—de-registration and scrapping.
Scope limitations and interpretive significance. Even from the short extract, several interpretive points are evident. First, the exemption is person-specific. Second, it is asset-specific (a particular registration number). Third, it is transaction-specific (de-registration and scrapping). This structure is typical of targeted exemption orders: it reduces compliance uncertainty by clearly delineating what is permitted. For legal advisers, this also implies that any dealings outside the stated scope—such as sale, transfer, leasing, or replacement of parts—may still fall within the TSFA prohibition unless covered by another exemption or a separate authorisation.
Formal making and signature. The Order includes the “Made this 5th day of June 2007” statement and is signed by Benny Lim, Permanent Secretary, Ministry of Home Affairs. The inclusion of the signature block and references (e.g., file numbers) is not merely administrative; it confirms the legal validity of the instrument and the proper exercise of the statutory power.
How Is This Legislation Structured?
This Order is extremely concise and consists of an enacting formula and two substantive provisions:
(1) Section 1 (Citation and commencement) sets the identity and effective date.
(2) Section 2 (Exemption) grants the specific exemption from section 6 of the TSFA, identifying the person, the relevant asset, and the permitted dealings.
There are no additional parts, schedules, or complex procedural steps shown in the extract. The structure reflects the Order’s purpose: to implement a specific exemption decision under the TSFA’s enabling power, without creating a broader regulatory framework.
Who Does This Legislation Apply To?
The exemption applies to Mohamad Anuar Bin Margono (NRIC S7005368C) and only in relation to the de-registration and scrapping of his motor cycle with registration number FK 9076T. It does not apply to other individuals, even if they are similarly situated, and it does not apply to other vehicles or other types of dealings.
From a compliance perspective, the Order’s narrow scope means that practitioners should treat it as a bespoke authorisation. If a client is a different person, owns a different asset, or intends a different transaction, the exemption will not automatically apply. In such cases, counsel should check whether there are other exemption orders (for other persons or assets) or whether a different legal mechanism is available under the TSFA framework.
Why Is This Legislation Important?
Although this Order is short, it is legally significant because it demonstrates how Singapore operationalises the TSFA’s asset-control regime while allowing carefully bounded exceptions. For lawyers, the key takeaway is that the TSFA’s prohibition against dealing is not absolute in all circumstances; it can be modified through subsidiary legislation where the Minister for Home Affairs exercises the statutory power to exempt particular dealings.
Enforcement and compliance impact. In practice, the TSFA’s dealing prohibition can affect routine administrative processes involving property—such as de-registration, disposal, or scrapping. Without an exemption, a person subject to the prohibition might be unable to complete necessary steps, potentially leaving assets in limbo or creating ongoing administrative and legal risk. This Order resolves that risk for the specified vehicle and actions by providing a clear legal basis to proceed.
Risk management for practitioners. For counsel advising clients, the existence of such an exemption order is a critical compliance tool. It can be used to support lawful completion of disposal-related steps (de-registration and scrapping) while avoiding conduct that could otherwise be characterised as a breach of section 6 of the TSFA. However, because the exemption is tightly worded, lawyers should ensure that the client’s intended actions fall squarely within the permitted scope and that the correct vehicle and identity details are used.
Legal certainty through specificity. The Order’s specificity—naming the individual and identifying the vehicle by registration number—reduces ambiguity. This is particularly important in terrorism financing contexts, where authorities require strict controls and where parties must be able to demonstrate that any dealing was authorised. The Order therefore provides documentary clarity that can be relied upon in dealings with relevant authorities (for example, motor vehicle administrative processes) and in internal compliance records.
Related Legislation
- Terrorism (Suppression of Financing) Act (Cap. 325) — including section 6 (prohibition against dealing) and the enabling power under section 7(1) referenced in the enacting formula.
- Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) Orders (other numbered orders, if applicable) — for other individuals/assets and permitted dealings.
Source Documents
This article provides an overview of the Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 4) Order 2007 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.