Singapore legislation
Clause 2
of Precious Stones and Precious Metals (Prevention of Money Laundering and Terrorism Financing) Bill
Clause 2
Interpretation
In this Act, unless the context otherwise requires —“asset-backed token” means a token, certificate or other instrument backed by one or more precious metals, precious stones or precious products that entitles the holder to the precious metal, precious stone or precious product, or part of it, but excludes —
securities or derivatives contracts within the meanings of the Securities and Futures Act (Cap. 289); and
commodity contracts within the meaning of the Commodity Trading Act (Cap. 48A);“Assistant Registrar” means an Assistant Registrar of Regulated Dealers appointed under section 4(1);“authorised officer” means an authorised officer appointed under section 4(2);“cash transaction report” means a cash transaction report under section 17;“company” has the meaning given by section 4(1) of the Companies Act (Cap. 50);“customer” means a person with whom a regulated dealer enters into or intends to enter into a transaction;“Deputy Registrar” means a Deputy Registrar of Regulated Dealers appointed under section 4(1);“FATF” means the intergovernmental body known as the Financial Action Task Force;“FATF Recommendations” means the recommendations issued by the FATF from time to time relating to the prevention of money laundering and the financing of terrorism;“financial institution” has the meaning given by section 27A(6) of the Monetary Authority of Singapore Act (Cap. 186) read with section 27A(7) of that Act;“intermediary”, in relation to regulated dealing, means a broker, an auctioneer, an exchange or any provider of a trading or clearing facility, for regulated dealing, whether by electronic means or otherwise;“money laundering or terrorism financing offence” means an offence under —
Part 2, 3 or 5;
sections 43 to 48 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A);
the Terrorism (Suppression of Financing) Act (Cap. 325);
any regulations made under the United Nations Act (Cap. 339);
any provision of any other written law relating to the prevention of money laundering or terrorism financing; or
the law of any foreign country or territory relating to the prevention of money laundering or terrorism financing;“pawnbroker” and “pawnbroking” have the meanings given by section 3 of the Pawnbrokers Act 2015 (Act 2 of 2015);“precious metal” means any precious metal specified in Part 1 of the Schedule in a manufactured or unmanufactured state;“precious product” means any jewellery, watch, apparel, accessory, ornament or other finished product —
made up of, containing or having attached to it, any precious stone or precious metal or both; and
at least 50% of its value (or other percentage of value prescribed in substitution) is attributable to the precious stone or precious metal or both, but excludes any product or class of products of a type prescribed;“precious stone” means any precious stone specified in Part 2 of the Schedule;“registered dealer” means a regulated dealer who is registered under section 7;“Registrar” means the Registrar of Regulated Dealers appointed under section 4(1);“registration” means registration under section 7;“regulated dealer” means any person who carries on —
a business of regulated dealing; or
business as an intermediary for regulated dealing,but excludes a pawnbroker and such other person as may be prescribed;“regulated dealing” means doing any of the following:
manufacturing any precious stone, precious metal or precious product; (b)importing or possessing for sale any precious stone, precious metal or precious product; (c)selling or offering for sale any precious stone, precious metal or precious product;
selling or redeeming asset‑backed tokens;
purchasing any precious stone, precious metal or precious product for the purposes of resale;“sale” includes a supply under a conditional sale agreement or hire‑purchase agreement within the meanings given by section 2(1) of the Hire‑Purchase Act (Cap. 125), and “selling” is construed accordingly;“secondhand goods dealer” means a secondhand goods dealer within the meaning given by the Secondhand Goods Dealers Act (Cap. 288A);“substantial shareholder”, in relation to a company, has the meaning given by section 81 of the Companies Act;“Suspicious Transaction Reporting Officer” has the meaning given by section 2(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act.
Definition
“asset-backed token” means a token, certificate or other instrument backed by one or more precious metals, precious stones or precious products that entitles the holder to the precious metal, precious stone or precious product, or part of it, but excludes —
securities or derivatives contracts within the meanings of the Securities and Futures Act (Cap. 289); and
commodity contracts within the meaning of the Commodity Trading Act (Cap. 48A);
Definition
“Assistant Registrar” means an Assistant Registrar of Regulated Dealers appointed under section 4(1);
Definition
“authorised officer” means an authorised officer appointed under section 4(2);
Definition
“cash transaction report” means a cash transaction report under section 17;
Definition
“company” has the meaning given by section 4(1) of the Companies Act (Cap. 50);
Definition
“customer” means a person with whom a regulated dealer enters into or intends to enter into a transaction;
Definition
“Deputy Registrar” means a Deputy Registrar of Regulated Dealers appointed under section 4(1);
Definition
“FATF” means the intergovernmental body known as the Financial Action Task Force;
Definition
“FATF Recommendations” means the recommendations issued by the FATF from time to time relating to the prevention of money laundering and the financing of terrorism;
Definition
“financial institution” has the meaning given by section 27A(6) of the Monetary Authority of Singapore Act (Cap. 186) read with section 27A(7) of that Act;
Definition
“intermediary”, in relation to regulated dealing, means a broker, an auctioneer, an exchange or any provider of a trading or clearing facility, for regulated dealing, whether by electronic means or otherwise;
Definition
“money laundering or terrorism financing offence” means an offence under —
Part 2, 3 or 5;
sections 43 to 48 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A);
the Terrorism (Suppression of Financing) Act (Cap. 325);
any regulations made under the United Nations Act (Cap. 339);
any provision of any other written law relating to the prevention of money laundering or terrorism financing; or
the law of any foreign country or territory relating to the prevention of money laundering or terrorism financing;
Definition
“pawnbroker” and “pawnbroking” have the meanings given by section 3 of the Pawnbrokers Act 2015 (Act 2 of 2015);
Definition
“precious metal” means any precious metal specified in Part 1 of the Schedule in a manufactured or unmanufactured state;
Definition
“precious product” means any jewellery, watch, apparel, accessory, ornament or other finished product —
made up of, containing or having attached to it, any precious stone or precious metal or both; and
at least 50% of its value (or other percentage of value prescribed in substitution) is attributable to the precious stone or precious metal or both, but excludes any product or class of products of a type prescribed;
Definition
“precious stone” means any precious stone specified in Part 2 of the Schedule;
Definition
“registered dealer” means a regulated dealer who is registered under section 7;
Definition
“Registrar” means the Registrar of Regulated Dealers appointed under section 4(1);
Definition
“registration” means registration under section 7;
Definition
“regulated dealer” means any person who carries on —
a business of regulated dealing; or
business as an intermediary for regulated dealing,but excludes a pawnbroker and such other person as may be prescribed;
Definition
“regulated dealing” means doing any of the following:
manufacturing any precious stone, precious metal or precious product; (b)importing or possessing for sale any precious stone, precious metal or precious product; (c)selling or offering for sale any precious stone, precious metal or precious product;
selling or redeeming asset‑backed tokens;
purchasing any precious stone, precious metal or precious product for the purposes of resale;
Definition
“sale” includes a supply under a conditional sale agreement or hire‑purchase agreement within the meanings given by section 2(1) of the Hire‑Purchase Act (Cap. 125), and “selling” is construed accordingly;
Definition
“secondhand goods dealer” means a secondhand goods dealer within the meaning given by the Secondhand Goods Dealers Act (Cap. 288A);
Definition
“substantial shareholder”, in relation to a company, has the meaning given by section 81 of the Companies Act;
Definition
“Suspicious Transaction Reporting Officer” has the meaning given by section 2(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act.