Singapore legislation
Section 5
Section 5
Transfer of strategic goods, etc.
(1)
A person must not —
export, tranship or bring in transit any strategic goods;
export any document in which any strategic goods technology is recorded, stored or embodied; or
transmit any strategic goods technology.
(2)
A person must not —
export, tranship or bring in transit any goods;
export any document in which any technology is recorded, stored or embodied; or
transmit any technology,if —
the person has been notified by an authorised officer or a senior authorised officer that the goods are or technology is intended or likely to be used, wholly or in part, for or in connection with a relevant activity;
the person knows that the goods are or technology is intended to be used, wholly or in part, for or in connection with a relevant activity; or
the person has reasonable grounds to suspect that the goods are or technology is intended or likely to be used, wholly or in part, for or in connection with a relevant activity.
(3)
Subsections (1) and (2) do not apply to an act authorised by a permit.
(4)
Subsections (1) and (2) do not apply to any technology in the public domain.
(5)
Subsections (1) and (2) do not apply to the export of any document in which any technology is recorded, stored or embodied, or to the transmission of any technology, to the extent that this is necessary to facilitate —
the installation, operation, maintenance or repair of any goods which have been exported, transhipped or brought in transit, where a permit has been obtained or is not required for such export, transhipment or bringing in transit;
an application for a patent; or
any research in the technology the results of which have no practical application.
(6)
Subsection (2)(a) does not apply to the bringing in transit of any goods with the approval of a senior authorised officer.
(7)
Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable —
on a first conviction, to a fine not exceeding $100,000 or 3 times the value of the goods or technology in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 2 years or to both; or
on a second or subsequent conviction, to a fine not exceeding $200,000 or 4 times the value of the goods or technology in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 3 years or to both.
(8)
In proceedings for an offence for an act referred to in subsection (1)(c) or (2)(c), it is a defence for the accused to prove that, at the time of carrying out the act, the accused did not know nor have reason to believe that the technology in question would thereby become accessible to any person in a foreign country.
(9)
In proceedings for an offence in respect of any goods or technology mentioned in subsection (2)(f), it is a defence for the accused to prove that the accused has made all reasonable inquiries as to the use or proposed use of those goods or that technology and is satisfied from such inquiries that those goods or that technology will not be used for or in connection with a relevant activity.