Singapore legislation

Clause 31

of Regulation of Imports and Exports Bill

Clause 31

Information not to be published or disclosed

(1)

No particulars, information or document furnished for the purposes of this Act or any regulations made thereunder shall unless with the prior consent in writing of the person having the control, management or superintendence of the goods in relation to which the same was given or furnished —

(a)

be published; or

(b)

be communicated or disclosed to any person,except where it is necessary for the purposes of —

(i)

a prosecution under this Act or any regulations made thereunder;

(ii)

enabling an authorised officer or public officer to enforce a provision of this Act or any regulations made thereunder;

(iii)

enabling an authorised officer or public officer to investigate a suspected offence under this Act or any regulations made thereunder; or

(iv)

enabling a foreign government authority to investigate a suspected offence committed in a foreign country and where the conditions specified in subsection (4) are satisfied.

(2)

Any authorised officer or any person employed or engaged in the administration of this Act or any regulations made thereunder who makes use of, publishes or permits any other person to see or communicates or discloses to any other person the contents of any such particulars, information or document to any other person, otherwise than with such consent or for such purpose as is referred to in subsection (1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.

(3)

Any person, having possession of any information which to his knowledge has been communicated, disclosed or published in contravention of this section, who publishes or communicates that information to any other person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.

(4)

The conditions referred to in subsection (1)(iv) are as follows:

(a)

there exists a treaty or memorandum of understanding between Singapore and the government of the foreign country in respect of matters under this Act or any regulations made thereunder and a request has been made by the foreign government authority pursuant to such treaty or memorandum of understanding;

(b)

the investigations involve a citizen or permanent resident of Singapore or a company incorporated in Singapore;

(c)

the suspected offence which is the subject of the investigation constitutes an offence against the law of or of a part of, a foreign country and the equivalent act or omission would, if it had occurred in Singapore, have constituted an offence under this Act or any regulations made thereunder or under such other written law as the Minister may, by notification in the Gazette, prescribe;

(d)

the seriousness of the suspected offence is of sufficient gravity and the information requested is of sufficient importance to the investigation;

(e)

the foreign government has agreed to provide reciprocal assistance in such matters to Singapore;

(f)

the communication or disclosure is not likely to prejudice the sovereignty, security or other essential interests of Singapore;

(g)

it is appropriate in the public interest to give the information sought;

(h)

the foreign authority undertakes that the information given shall not be used for any other purpose except for the investigation of the suspected offence or for the prosecution of the offender concerned; and

(i)

the Minister has given his consent in writing to the publication, communication or disclosure.

Read in full context — Regulation of Imports and Exports Bill →