Statute Details
- Title: Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 9) Order 2007
- Act Code: TSFA2002-S235-2007
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Terrorism (Suppression of Financing) Act (Cap. 325)
- Enacting Formula (Power Used): Powers under section 7(1) of the Terrorism (Suppression of Financing) Act
- Citation: SL 235/2007
- Commencement: 6 June 2007
- Status: Current version as at 27 Mar 2026
- Key Provisions (from extract): Section 1 (Citation and commencement); Section 2 (Exemption)
- Maker: Permanent Secretary, Ministry of Home Affairs (Benny Lim)
- Signing Date: 5 June 2007
- Reference Numbers: [MHA 112/2/0106; AG/LEG/SL/325/2005/1 Vol. 2]
What Is This Legislation About?
The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 9) Order 2007 is a targeted exemption order made under Singapore’s terrorism financing framework. In plain terms, it temporarily “carves out” a specific situation from a general legal prohibition relating to dealing with property or interests that have been designated under the Terrorism (Suppression of Financing) Act.
Orders of this type are not broad policy statements. They are narrow, fact-specific instruments that address a particular person and a particular property arrangement. Here, the Order exempts a named individual from the application of section 6 of the Terrorism (Suppression of Financing) Act, but only in relation to a defined transaction or property inclusion: the inclusion of a co-owner in a leasehold interest in a specified flat.
Practitioners should view this Order as part of the operational mechanics of the Act. The Act’s core purpose is to prevent terrorists and terrorist financiers from using financial systems and assets. However, the law also recognises that real-world property and contractual arrangements can create situations where a strict prohibition could produce unintended consequences—such as normal co-ownership arrangements that are not, in themselves, evidence of terrorism financing. Exemption orders are one way the system manages those edge cases while maintaining the overall protective regime.
What Are the Key Provisions?
Section 1: Citation and commencement establishes how the Order is cited and when it takes effect. The Order may be cited as the “Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 9) Order 2007” and it came into operation on 6 June 2007. For legal practice, commencement is crucial because it determines whether the exemption applies to actions taken before or after that date. If a dealing occurred prior to commencement, the exemption would not apply unless another legal basis exists.
Section 2: Exemption is the operative provision. It provides that Salim bin Marwan (NRIC No. S7042572F) is exempted from the application of section 6 of the Terrorism (Suppression of Financing) Act. The exemption is not general; it is expressly limited “in respect of the inclusion of Fatimah binte Ibrahim (NRIC No. S7728811B) as a co-owner in the leasehold interest” in a particular property.
The property is described with precision: Apartment Block 609, Woodlands Ring Road #12-231, Singapore 730609. The exemption is therefore tied to a specific residential unit and a specific legal interest (a leasehold interest). This level of detail matters because the prohibition in the parent Act typically attaches to dealings with property or interests that fall within its scope. By specifying the property and the nature of the dealing (inclusion of a co-owner), the Order reduces ambiguity and limits the exemption to the intended scenario.
In practical terms, the Order addresses a common property-law issue: co-ownership. If one co-owner is subject to a prohibition under section 6, the law may restrict transfers, dealings, or changes in ownership structure. This Order permits a particular change—adding a named person as a co-owner—without breaching the prohibition, at least to the extent described. For practitioners, the key is to align the actual transaction with the exemption’s wording: the exemption covers inclusion of the specified co-owner in the specified leasehold interest. Any deviation (for example, adding additional co-owners, changing the property, or dealing with the interest in a different way) could fall outside the exemption.
How Is This Legislation Structured?
This Order is structured in a very compact form, consistent with subsidiary legislation that performs a single legal function. Based on the extract, it contains:
(1) Enacting Formula — states that the Minister for Home Affairs makes the Order in exercise of powers conferred by section 7(1) of the Terrorism (Suppression of Financing) Act.
(2) Section 1 (Citation and commencement) — provides the short title and the date the Order comes into operation.
(3) Section 2 (Exemption) — sets out the person exempted, the section from which exemption is granted (section 6 of the Act), and the limited factual scenario (inclusion of a specified co-owner in a specified leasehold interest in a specified flat).
There are no additional parts or schedules in the extract. The absence of further provisions underscores that this is a narrowly tailored legal instrument rather than a comprehensive regulatory framework.
Who Does This Legislation Apply To?
The Order applies to Salim bin Marwan (NRIC S7042572F) and only in relation to the specified dealing: the inclusion of Fatimah binte Ibrahim (NRIC S7728811B) as a co-owner in the leasehold interest in the specified flat at Apartment Block 609, Woodlands Ring Road #12-231, Singapore 730609. It is therefore a person-specific and transaction-specific exemption.
Although the Order is made under a statute that may apply broadly to persons and property connected to terrorism financing, this particular subsidiary legislation does not create a general rule for all persons. Instead, it functions as an exception for the named individual in the defined property arrangement. Practitioners should not assume that similar exemptions exist for other individuals or other properties; each exemption order is typically separate and fact-dependent.
Why Is This Legislation Important?
Even though the Order is short, it is legally significant because it interacts with a high-stakes prohibition regime. Section 6 of the Terrorism (Suppression of Financing) Act (as referenced in this Order) is part of the Act’s mechanism to prevent prohibited dealings. In many jurisdictions, such prohibitions can freeze or restrict transactions involving designated persons or assets. Singapore’s approach similarly aims to prevent misuse while allowing the legal system to function through carefully controlled exemptions.
This Order demonstrates how exemptions operate in practice: they are not “permission slips” for broad activity, but narrowly drafted legal instruments that allow specific property-law steps to proceed without undermining the protective purpose of the Act. For lawyers, the drafting precision is a practical guide for compliance. When advising on property transactions involving persons who may be subject to prohibitions, counsel must check not only the parent Act but also any relevant exemption orders, and must ensure that the proposed dealing matches the exemption’s scope.
From an enforcement and risk perspective, the Order reduces compliance uncertainty for the specified transaction. Without it, the inclusion of a co-owner could potentially be treated as a prohibited dealing, exposing parties to legal consequences. With the exemption, the parties can proceed—provided they implement the transaction exactly as described. This is particularly important in real estate contexts where documentation, conveyancing steps, and registration processes may involve multiple legal actions. A practitioner should therefore map each step of the transaction to the exemption’s terms (person, property, and type of dealing) and document the basis for proceeding.
Related Legislation
- Terrorism (Suppression of Financing) Act (Cap. 325) — in particular, section 6 (prohibition against dealing) and section 7(1) (power to make exemption orders)
Source Documents
This article provides an overview of the Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) (No. 9) Order 2007 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.