Clause 3

The Director‑General may issue any trade information certificate in respect of any goods that the Director‑General thinks appropriate.(2) Without affecting subsection (1), the Director‑General may authorise, for any period of time specified by the Director‑General, any person to issue —

on application to the person, any trade information certificate of any class, description or type in respect of goods of any class, description or type; or

any trade information certificate of any class, description or type in respect of goods of any class, description or type manufactured in, or to be exported or re‑exported from, Singapore by the person for the purposes of claiming a preferential rate of duty under such arrangement or agreement as may be prescribed, with any country or territory outside Singapore that provides for a self‑certification or self‑declaration scheme in relation to those goods.(3) To avoid doubt, an authorisation made under subsection (2) in respect of any trade information certificate does not prevent the Director‑General from issuing the trade information certificate under subsection (1).(4) A person must not issue any trade information certificate of any class, description or type in respect of any class, description or type of goods (whether expressly or by implication) as an authorised certificate issuer for that class, description or type of trade information certificate in respect of that class, description or type of goods unless the person is in fact such authorised certificate issuer.(5) To avoid doubt, subsection (4) does not apply in respect of any person issuing any trade information certificate for any goods if the person does not do so (whether expressly or by implication) as an authorised certificate issuer, whether or not for that trade information certificate or in respect of those goods.(6) A person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction —

in respect of a first offence — to a fine not exceeding $100,000 or 3 times the value of the goods in respect of which the trade information certificate mentioned in that subsection was issued, whichever is greater, or to imprisonment for a term not exceeding 2 years or to both; and

in respect of a second or subsequent offence — to a fine not exceeding $200,000 or 4 times the value of the goods in respect of which the trade information certificate mentioned in that subsection was issued, whichever is greater, or to imprisonment for a term not exceeding 3 years or to both.Authorisation to issue trade information certificates10B.—

An application for, or to renew, an authorisation as an authorised certificate issuer must —

be made to the Director‑General in the form and manner that the Director‑General specifies; and

state —

the class, description or type of goods for which the applicant proposes to issue trade information certificates as an authorised certificate issuer; and

the class, description or type of trade information certificate which the applicant proposes to issue, and the matters which the applicant proposes to certify in respect of those goods, as an authorised certificate issuer.(2) The Director‑General may, after considering an application —

grant the application; or

refuse the application.(3) The Director‑General must not grant any application under subsection (2)(a) unless the Director‑General is satisfied that the applicant is a fit and proper person to be an authorised certificate issuer of the class, description or type of trade information certificate, and in respect of the class, description or type of goods, to which the application relates.(4) In determining whether an applicant is a fit and proper person for the purpose mentioned in subsection (3), the Director‑General must take into account all relevant facts or matters, including but not limited to —

whether the applicant has contravened, or is reasonably suspected of having contravened, any provision of this Act or any regulations made under this Act; and (b)in the case of an application to renew an authorisation, whether the applicant has breached any condition imposed on the applicant under section 10C.(5) The Director‑General may, from time to time, prepare and publish a list of all authorised certificate issuers in the form and manner that the Director‑General thinks fit.Conditions of authorisation10C.—

The Director‑General may impose any condition that the Director‑General thinks fit on the authorisation of a person as an authorised certificate issuer, including the matters that the person may certify, and the circumstances under which the person may certify, under the authorisation.(2) The Director‑General may impose different conditions in respect of —

different classes of authorised certificate issuers according to the class, description or type of trade information certificates that they may issue;

different classes, descriptions or types of goods in respect of which authorised certificate issuers may issue trade information certificates; or

authorised certificate issuers under different circumstances.(3) Without limiting subsection (1), the Director‑General may impose a condition requiring the authorised certificate issuer concerned to comply with —

any written law; or

any lawful requirement imposed by the Government or any public authority established under any public Act for a public purpose,that is applicable to the issue, form or content of trade information certificates to which the authorised certificate issuer’s authorisation relates.(4) The Director‑General may at any time (without compensation) modify, remove or add conditions of the authorisation of an authorised certificate issuer, but before modifying or adding any condition to an authorisation, the Director‑General must serve a written notice on the authorised certificate issuer of the Director‑General’s intention.(5) The written notice must —

state the modification or addition that the Director‑General proposes to make; and

specify the time (being at least 14 days after the service of the written notice on the authorised certificate issuer) within which written representations may be made to the Director‑General with respect to the proposed modification or addition.(6) On receiving any written representation mentioned in subsection (5)(b), the Director‑General must consider the representation and may —

reject the representation;

amend the proposed modification or addition in the manner that the Director‑General thinks fit having regard to the representation; or

withdraw the proposed modification or addition.(7) The Director‑General must serve a written notice on the authorised certificate issuer of the Director‑General’s decision under subsection (6) and, in the case of subsection (6)(a) or (b), must specify in the notice the date from which the decision takes effect.(8) To avoid doubt, the conditions imposed under this section must not be inconsistent with this Part or any regulations made under section 10I.Cancellation or suspension of authorisation10D.—

The Director‑General may (without compensation) cancel, or suspend for a period not exceeding 6 months, the authorisation of an authorised certificate issuer (X) if the Director‑General is satisfied that —

X obtained the authorisation or renewal of authorisation by fraud or misrepresentation;

X is contravening or not complying with, or has contravened or failed to comply with —

a condition of the authorisation; or

any provision of this Act or any regulations made under this Act; or

X is no longer a fit and proper person to be such authorised certificate issuer.(2) Before the Director‑General takes any regulatory action against X, the Director‑General must serve a written notice on X of the Director‑General’s intention.(3) The written notice must —

state the regulatory action that the Director‑General proposes to take and the reason for the regulatory action; and

specify the time (being at least 14 days after the service of the written notice on the authorised certificate issuer) within which written representations may be made to the Director‑General with respect to the proposed regulatory action.(4) On receiving any written representation mentioned in subsection (3)(b), the Director‑General must consider the representation and may —

proceed with the proposed regulatory action;

where the proposed regulatory action was a suspension of the authorisation, proceed instead with a suspension of a duration that is different from what was proposed, or with a cancellation;

where the proposed regulatory action was a cancellation of the authorisation, proceed instead with a suspension of the authorisation; or

not proceed with the proposed regulatory action.(5) The Director‑General must serve a written notice on X of the Director‑General’s decision under subsection (4) and, in the case of subsection (4)(a), (b) or (c), must specify in the notice the date from which the decision takes effect.(6) The cancellation or suspension of the authorisation of an authorised certificate issuer does not prejudice the enforcement by any person of any right or claim against the former authorised certificate issuer or authorised certificate issuer, or by the former authorised certificate issuer or authorised certificate issuer of any right or claim against any person.(7) In this section, “regulatory action” means the cancellation or suspension of the authorisation of an authorised certificate issuer under subsection (1).Issue of trade information certificate containing false or misleading information10E. An authorised certificate issuer who issues a trade information certificate containing any information which the authorised certificate issuer knows or ought reasonably to know is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.Tampering with trade information certificates10F.—

A person must not —

improperly or with intent to deceive, erase or alter;

falsify; or

otherwise tamper with,any entry in a trade information certificate.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

in respect of a first offence — to a fine not exceeding $100,000 or 3 times the value of the goods in respect of which the trade information certificate mentioned in that subsection was issued, whichever is greater, or to imprisonment for a term not exceeding 2 years or to both; and

in respect of a second or subsequent offence — to a fine not exceeding $200,000 or 4 times the value of the goods in respect of which the trade information certificate mentioned in that subsection was issued, whichever is greater, or to imprisonment for a term not exceeding 3 years or to both.False representations relating to trade information certificates10G.—

Any person who represents that a trade information certificate in respect of any goods is a trade information certificate that is issued by —

the Director‑General;

an authorised certificate issuer; or

an authorised certificate issuer who is authorised to issue that class, description or type of trade information certificates in respect of that class, description or type of goods,whether expressly or by implication, knowing or having reason to believe that the representation is false, shall be guilty of an offence.(2) Any person who represents that a trade information certificate (whether or not issued by the Director‑General or an authorised certificate issuer) is issued in respect of goods (goods Y) other than the goods for which it was issued, knowing or having reason to believe that the representation is false, shall be guilty of an offence.(3) Any person who is guilty of an offence under subsection (1) shall be liable on conviction —

in respect of a first offence — to a fine not exceeding $100,000 or 3 times the value of the goods in respect of which the trade information certificate mentioned in that subsection was issued, whichever is greater, or to imprisonment for a term not exceeding 2 years or to both; and

in respect of a second or subsequent offence — to a fine not exceeding $200,000 or 4 times the value of the goods in respect of which the trade information certificate mentioned in that subsection was issued, whichever is greater, or to imprisonment for a term not exceeding 3 years or to both.(4) Any person who is guilty of an offence under subsection (2) shall be liable on conviction —

in respect of a first offence — to a fine not exceeding $100,000 or 3 times the value of goods Y, whichever is greater, or to imprisonment for a term not exceeding 2 years or to both; and

in respect of a second or subsequent offence — to a fine not exceeding $200,000 or 4 times the value of goods Y, whichever is greater, or to imprisonment for a term not exceeding 3 years or to both.Issue of preferential certificate of origin by manufacturer or exporter who is not authorised certificate issuer10H.—

Nothing in this Part prevents any manufacturer or exporter (Z) from issuing on Z’s own account, in respect of any of Z’s goods for export or re‑export from Singapore, a preferential certificate of origin if —

there is a preferential tariff arrangement or agreement between Singapore and the country or territory to which the goods are to be exported or re‑exported that permits the issue of the preferential certificate of origin by Z;

the preferential certificate of origin is in the form and manner acceptable to that country or territory; and

Z does not issue the preferential certificate of origin (whether expressly or by implication) as an authorised certificate issuer.(2) Z must maintain proper and accurate records of all preferential certificates of origin issued, including copies of the documents that were relied on by Z for the purpose of issuing the certificates, for the period of time that may be required under the relevant preferential tariff arrangement or agreement.(3) The Director‑General may require Z to provide to the Director‑General any records mentioned in subsection (2) at any time (including on a periodic basis) and in any manner that the Director‑General may require.(4) Z must not issue any preferential certificate of origin containing any information which Z knows or ought reasonably to know is false or misleading.(5) Any person who contravenes subsection (2) or (4), or fails to comply with a requirement of the Director‑General made under subsection (3), shall be guilty of an offence and shall be liable on conviction —

in respect of a first offence — to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; and

in respect of a second or subsequent offence — to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 3 years or to both.Regulations for purposes of Part 310I.—

The Minister may make regulations for the purposes of this Part.(2) Without limiting subsection (1), the Minister may make regulations to provide for —

any other requirement that a person must satisfy to be authorised as an authorised certificate issuer, in addition to section 10B(3);

the duties and responsibilities of authorised certificate issuers in relation to the issue of trade information certificates, including requiring them to —

keep proper and accurate records of prescribed particulars, information and documents for a prescribed period, including a period required under any preferential tariff arrangement or agreement that is relevant to the trade information certificate concerned; and

provide (including on a periodic basis) any particulars, information or document mentioned in sub‑paragraph (i) to the Director‑General on the Director‑General’s request;

the applications to be made to the Director‑General or an authorised certificate issuer authorised under section 10A(2)(a) for any trade information certificate;

the duties and responsibilities of persons to whom trade information certificates have been issued in relation to those trade information certificates, including requiring them to —

keep proper and accurate records of prescribed particulars, information and documents for a prescribed period, including a period required under any preferential tariff arrangement or agreement that is relevant to the trade information certificate concerned; and

provide (including on a periodic basis) any particulars, information or document mentioned in sub‑paragraph (i) to the Director‑General on the Director‑General’s request;

the circumstances under which the Director‑General and any authorised certificate issuer may issue any trade information certificate;

the conditions to be attached to the issue of a trade information certificate, including conditions as may be determined by the Director‑General (for trade information certificates issued by the Director‑General) or authorised certificate issuer (for trade information certificates issued by an authorised certificate issuer);

the cancellation by the Director‑General or an authorised certificate issuer at any time (without compensation) of any trade information certificate, including the cancellation by the Director‑General of a trade information certificate issued by an authorised certificate issuer;

the fees and charges for the purposes of this Part, and the manner, method and time of their payment, including fees and charges for —

an application for, or for the renewal of, an authorisation as an authorised certificate issuer;

an authorisation, or the renewal of an authorisation, as an authorised certificate issuer;

an application for any trade information certificate made to the Director‑General or an authorised certificate issuer authorised under section 10A(2)(a); and

the issue of any trade information certificate by the Director‑General or an authorised certificate issuer authorised under section 10A(2)(a),including that the amount of any fee or charge payable to an authorised certificate issuer authorised under section 10A(2)(a), and the manner and method of its payment, are to be determined by the authorised certificate issuer; and

anything which may be or is required to be prescribed.(3) Regulations made under subsection (2)(a), (b), (h)(i) and (ii) and (i) may make different provisions for different classes of authorised certificate issuers according to —

the classes, descriptions or types of trade information certificates that they may issue; or

the classes, descriptions or types of goods in respect of which they may issue trade information certificates.(4) Regulations made under subsection (2)(c) to (g), (h)(iii) and (iv) and (i) may make different provisions for —

different classes, descriptions or types of trade information certificates; or

the different classes, descriptions or types of goods in respect of which a trade information certificate may be issued.(5) Regulations made under subsection (2)(h) may provide for —

the refund of all or part of the fees or charges paid for the authorisation, or renewal of authorisation, of a person as an authorised certificate issuer; or

the refund of all or part of the fees or charges paid for the issue of any trade information certificate, including that a refund may be given in such circumstances as may be determined by the authorised certificate issuer to whom they are paid.(6) Regulations made by the Minister under subsection (1) may prescribe offences for the breach of any regulation and prescribe the punishment for those offences, which must not exceed —

in respect of a first offence — a fine not exceeding $100,000 or (as applicable) 3 times the value of the goods to which the offence relates, whichever is greater, or with imprisonment for a term not exceeding 2 years or with both; and

in respect of a second or subsequent offence — a fine not exceeding $200,000 or (as applicable) 4 times the value of the goods to which the offence relates, whichever is greater, or with imprisonment for a term not exceeding 3 years or with both.(7) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.”.