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Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 8) Order 2013

Overview of the Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 8) Order 2013, Singapore sl.

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Statute Details

  • Title: Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 8) Order 2013
  • Full Title: Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 8) Order 2013
  • Act Code: TSFA2002-S427-2013
  • 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. 8) Order 2013 is a subsidiary legislation issued under the Terrorism (Suppression of Financing) Act of Singapore. It provides a limited exemption from the prohibition against dealing with property related to terrorism financing, allowing certain specified transactions to take place.

The key purpose of this Order is to exempt the Insolvency and Public Trustee's Office, as well as an individual named Zalinah Bte Hamid, from the application of section 6 of the Terrorism (Suppression of Financing) Act. Section 6 prohibits persons from dealing with property linked to terrorism financing. The exemption allows for the payment of an accident injury claim to Zalinah Bte Hamid, subject to certain conditions.

What Are the Key Provisions?

The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 8) Order 2013 contains two main provisions:

1. Exemption for the Insolvency and Public Trustee's Office (Section 2(1))
The Order exempts the Insolvency and Public Trustee's Office from the application of section 6 of the Terrorism (Suppression of Financing) Act in respect of the payment of an accident injury claim amounting to $18,242.46 and any interest thereon, due to Mohamad Anuar Bin Margono but payable to Zalinah Bte Hamid. This exemption is subject to the condition that the moneys are deposited in Zalinah Bte Hamid's designated bank account.

2. Exemption for Zalinah Bte Hamid (Section 2(2)-(3))
The Order also exempts Zalinah Bte Hamid from the application of section 6 of the Terrorism (Suppression of Financing) Act in respect of: (a) Any withdrawal from the designated bank account mentioned in section 2(1); and (b) The use of the sums withdrawn from the designated account. This exemption for Zalinah Bte Hamid 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. 8) Order 2013 is a short, two-section subsidiary legislation. The first section provides the citation and commencement details, while the second section outlines the specific exemptions granted.

Section 2 contains the substantive provisions of the Order. Subsection 2(1) provides the exemption for the Insolvency and Public Trustee's Office, while subsections 2(2) and 2(3) provide the exemption for Zalinah Bte Hamid, along with the applicable conditions.

Who Does This Legislation Apply To?

The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 8) Order 2013 applies specifically to two parties:

1. The Insolvency and Public Trustee's Office: This government agency is exempted from the prohibition against dealing with property related to terrorism financing, in order to facilitate the payment of an accident injury claim to Zalinah Bte Hamid.

2. Zalinah Bte Hamid: This individual is exempted from the prohibition against dealing with the moneys received from the accident injury claim payment, including withdrawing and using the funds, subject to certain conditions.

The Order does not appear to have any broader application beyond these two named parties and the specific transaction it covers.

Why Is This Legislation Important?

The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 8) Order 2013 is an important piece of subsidiary legislation that demonstrates the flexibility of Singapore's legal framework in addressing specific situations related to terrorism financing.

Section 6 of the Terrorism (Suppression of Financing) Act imposes a general prohibition on dealing with property linked to terrorism financing. However, this Order provides a targeted exemption to allow for the payment of a legitimate accident injury claim to an individual, Zalinah Bte Hamid, while still maintaining appropriate safeguards and conditions.

This type of exemption order is an important tool for the Singapore government to balance the need to suppress terrorism financing with the need to facilitate legitimate transactions and protect individual rights. It shows the government's willingness to consider and address specific situations on a case-by-case basis, rather than applying the law in a rigid or overly broad manner.

From a practical perspective, this Order ensures that Zalinah Bte Hamid can receive the accident injury claim payment owed to her, without running afoul of the terrorism financing laws. This preserves her legal rights and access to the funds, while still maintaining the overall integrity of Singapore's counter-terrorism financing regime.

  • Terrorism (Suppression of Financing) Act

Source Documents

This article provides an overview of the Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 8) Order 2013 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.

Written by Sushant Shukla
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