Singapore legislation

Schedule 2

of Mutual Assistance in Criminal Matters Bill

Schedule 2

Related Amendments

SECOND SCHEDULESection 47Related AmendmentsFirst columnSecond column(1)Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Chapter 84A, 1993 Ed.) (a)Section 2(1)(i)Insert, immediately after paragraph (aa) of the definition of “authorised officer”, the following paragraph: “(ab)any Commercial Affairs Officer appointed under section 58A of the Police Force Act (Cap. 235);”. (ii)Delete the definitions of “criminal matters”, “drug-related matters”, “foreign authority” and “foreign government”.(b)Section 3(i)Delete the words “or foreign drug trafficking offence” in the 6th line of subsection (1). (ii)Delete “or a foreign serious offence” in the 8th line of subsection (1A).(c)Section 26BRepeal.(d)Section 29Repeal.(e)Section 32Repeal.(f)Section 33(2)(i)Delete the words “, 29, 31 and 32” and substitute the words “and 31”. (ii)Delete the words “, 29, 31 and 32” in the marginal note and substitute the words “and 31”.(g)Section 34Repeal.(h)New section 39AInsert, immediately after section 39, the following section:“Communication of information to foreign authority39A.—

(1)

Notwithstanding section 53 or any other written law or rule of law, a Suspicious Transaction Reporting Officer may communicate any thing disclosed to him or any authorised officer under section 38(1) to a corresponding authority of a foreign country if the conditions specified in subsection (2) are satisfied.(2) The conditions referred to in subsection (1) are as follows:

(a)

there exists an arrangement under which the corresponding authority of the foreign country has agreed to communicate to Singapore, upon Singapore’s request, information received by the corresponding authority that corresponds to any thing required to be disclosed to an authorised officer under section 38(1);

(b)

the Suspicious Transaction Reporting Officer is satisfied that the corresponding authority has given appropriate undertakings —

(i)

for protecting the confidentiality of any thing communicated to it; and

(ii)

for controlling the use that will be made of it, including an undertaking that it will not be used as evidence in any proceedings; and

(c)

such other conditions as the Minister may prescribe.(3) In this section —“corresponding authority”, in relation to a foreign country, means the authority of that foreign country responsible for receiving information that corresponds to any thing required to be disclosed to an authorised officer under section 38(1);“Suspicious Transaction Reporting Officer” means an authorised officer –

(a)

who has been appointed by the Minister as a Suspicious Transaction Reporting Officer for the purposes of this section; and

(b)

who had his appointment as a Suspicious Transaction Reporting Officer published in the Gazette.”.(i)Sections 48 and 49Repeal.(2)Extradition Act (Chapter 103, 1985 Ed.) Section 43Repeal.