Statute Details
- Title: Terrorism (Suppression of Financing) (General Exemption) Order 2013
- Full Title: N/A
- Act Code: TSFA2002-S604-2013
- Type: sl
- Commencement Date: N/A
- Parts: N/A
- Key Sections: Section 2: In this Order —; Section 3: A person is exempted from sections 4(; Section 4: A terrorist, any member of his family, and any person acting on the terrorist or his family me
- Related Legislation: Timeline, Authorising Act
What Is This Legislation About?
The Terrorism (Suppression of Financing) (General Exemption) 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 certain prohibitions in the Act, specifically related to the provision and use of funds for basic expenses of terrorists and their family members.
The Terrorism (Suppression of Financing) Act is the main law in Singapore that criminalizes the financing of terrorist activities. This Order carves out narrow exceptions to allow for the payment of basic living expenses for terrorists and their families, subject to strict conditions and oversight by the Director of the Internal Security Department.
What Are the Key Provisions?
The key provisions of the Terrorism (Suppression of Financing) (General Exemption) Order 2013 are as follows:
Definitions (Section 2): The Order defines several key terms, including "basic expense" and "terrorist". "Basic expense" is broadly defined to include payments for food, rent, utilities, medical treatment, taxes, and reasonable professional fees. "Terrorist" is defined to include any person who commits or attempts to commit a terrorist act, or who participates in or facilitates such an act.
Exemption for Making Funds Available (Section 3): Section 3 provides an exemption from the prohibitions in Sections 4(b) and 6 of the Terrorism (Suppression of Financing) Act. This allows a person to make funds available to meet the basic expenses of a terrorist or their family member, subject to obtaining a notice of exemption from the Director of the Internal Security Department.
Exemption for Use of Funds (Section 4): Section 4 exempts terrorists, their family members, and persons acting on their behalf from the prohibition in Section 6 of the Act when using funds owned or controlled by the terrorist to meet their basic expenses. This is also subject to obtaining a notice of exemption from the Director and complying with other conditions, such as only using the funds for the specified purpose and providing evidence of use upon request.
How Is This Legislation Structured?
The Terrorism (Suppression of Financing) (General Exemption) Order 2013 is a relatively short piece of legislation, consisting of only four sections:
- Citation and Commencement: This section provides the title of the Order and states when it came into effect.
- Definitions: This section defines key terms used throughout the Order, including "basic expense" and "terrorist".
- Exemption for Making Available Funds for Basic Expenses: This section outlines the exemption from certain prohibitions in the Act for making funds available to meet the basic expenses of a terrorist or their family member.
- Exemption for Use of Funds for Basic Expenses: This section provides the exemption from the prohibition in the Act for terrorists, their family members, and persons acting on their behalf to use funds to meet their basic expenses.
Who Does This Legislation Apply To?
The Terrorism (Suppression of Financing) (General Exemption) Order 2013 applies to several key groups:
- Persons Making Funds Available: The exemption in Section 3 applies to any person who wishes to make funds available to meet the basic expenses of a terrorist or their family member.
- Terrorists and Their Family Members: The exemption in Section 4 applies directly to terrorists, any member of their family, and any person acting on their behalf to use funds to meet basic expenses.
- The Director of the Internal Security Department: The Director is responsible for issuing notices of exemption to those seeking to make funds available or use funds for basic expenses, as well as overseeing the conditions of such exemptions.
It is important to note that the exemptions provided by this Order are subject to strict conditions and oversight by the Director, and do not apply to the financing of any other terrorist-related activities beyond basic living expenses.
Why Is This Legislation Important?
The Terrorism (Suppression of Financing) (General Exemption) Order 2013 is an important piece of legislation that balances the need to suppress the financing of terrorism with the recognition that terrorists and their families may have basic living needs that should be met. By providing limited exemptions, the Order ensures that the prohibitions in the Terrorism (Suppression of Financing) Act do not result in unintended hardship for innocent family members or create situations where terrorists are unable to access funds for essential expenses.
The Order is also significant in that it demonstrates the Singapore government's commitment to a nuanced and targeted approach to counter-terrorism financing. Rather than imposing a blanket prohibition, the Order allows for carefully controlled exceptions that are subject to the Director's oversight and approval. This approach helps to maintain the effectiveness of the broader counter-terrorism financing framework while mitigating potential humanitarian concerns.
From a practical perspective, the exemptions provided by this Order are likely to be of importance to legal practitioners advising clients on the application of the Terrorism (Suppression of Financing) Act, as well as those involved in the administration and enforcement of Singapore's counter-terrorism financing regime.
Related Legislation
- Terrorism (Suppression of Financing) Act (Chapter 325)
- Timeline of amendments to the Terrorism (Suppression of Financing) Act
Source Documents
This article provides an overview of the Terrorism (Suppression of Financing) (General Exemption) Order 2013 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.