Digital Infrastructure Bill · cl 9

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—(1) This section applies where the Authority is making a decision on any of the following:(a)whether to grant or refuse to grant a major FDI licence under section 8;(b)whether to renew or refuse to renew a major FDI licence under section 8;(c)whether to impose conditions on a major FDI licence under section 11(1);(d)whether to modify any condition of a major FDI licence under section 11(4).(2) The Authority must have regard, and give such weight as the Authority considers appropriate, to all of the following matters when making the decision:(a)when making a decision mentioned in subsection (1)(a) or (b) — the experience of the applicant in the provision of any major foundational digital infrastructure services of the type the application relates to (whether in Singapore or elsewhere), and the ability of the applicant to perform the duties which would be imposed on that person under this Part and under the major FDI licence, if granted or renewed;(b)when making a decision mentioned in subsection (1) — whether it would be contrary to the public interest for the decision to be made.(3) In addition, the Authority must not grant or renew a major FDI licence unless —(a)the applicant is —(i)a company;(ii)a corporation formed or incorporated outside Singapore; or(iii)the trustee‑manager of a business trust;(b)the applicant has a permanent place of business, or a registered office, in Singapore;(c)at least one officer of the applicant —(i)is a citizen of Singapore or permanent resident of Singapore;(ii)is ordinarily resident in Singapore; or(iii)if the applicant satisfies such conditions as may be prescribed — belongs to a prescribed class of persons;(d)the applicant satisfies such financial requirements as may be prescribed;(e)the Authority is satisfied that the applicant meets such other criteria for the grant or renewal of the licence as the Authority considers relevant; and(f)the applicant satisfies such operational requirements as the Authority may specify. (4) To avoid doubt, the Authority is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.(5) In this section, “officer”, in relation to an applicant, means any director, or other person responsible for the management, of the applicant.
This section applies where the Authority is making a decision on any of the following:(a)whether to grant or refuse to grant a major FDI licence under section 8;(b)whether to renew or refuse to renew a major FDI licence under section 8;(c)whether to impose conditions on a major FDI licence under section 11(1);(d)whether to modify any condition of a major FDI licence under section 11(4).
The Authority must have regard, and give such weight as the Authority considers appropriate, to all of the following matters when making the decision:(a)when making a decision mentioned in subsection (1)(a) or (b) — the experience of the applicant in the provision of any major foundational digital infrastructure services of the type the application relates to (whether in Singapore or elsewhere), and the ability of the applicant to perform the duties which would be imposed on that person under this Part and under the major FDI licence, if granted or renewed;(b)when making a decision mentioned in subsection (1) — whether it would be contrary to the public interest for the decision to be made.
In addition, the Authority must not grant or renew a major FDI licence unless —(a)the applicant is —(i)a company;(ii)a corporation formed or incorporated outside Singapore; or(iii)the trustee‑manager of a business trust;(b)the applicant has a permanent place of business, or a registered office, in Singapore;(c)at least one officer of the applicant —(i)is a citizen of Singapore or permanent resident of Singapore;(ii)is ordinarily resident in Singapore; or(iii)if the applicant satisfies such conditions as may be prescribed — belongs to a prescribed class of persons;(d)the applicant satisfies such financial requirements as may be prescribed;(e)the Authority is satisfied that the applicant meets such other criteria for the grant or renewal of the licence as the Authority considers relevant; and(f)the applicant satisfies such operational requirements as the Authority may specify.
To avoid doubt, the Authority is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.
In this section, “officer”, in relation to an applicant, means any director, or other person responsible for the management, of the applicant.

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cl 9Criteria for grant, etc., of major FDI licence

(1)

This section applies where the Authority is making a decision on any of the following:

(a)

whether to grant or refuse to grant a major FDI licence under section 8;

(b)

whether to renew or refuse to renew a major FDI licence under section 8;

(c)

whether to impose conditions on a major FDI licence under section 11(1);

(d)

whether to modify any condition of a major FDI licence under section 11(4).

(2)

The Authority must have regard, and give such weight as the Authority considers appropriate, to all of the following matters when making the decision:

(a)

when making a decision mentioned in subsection (1)(a) or (b) — the experience of the applicant in the provision of any major foundational digital infrastructure services of the type the application relates to (whether in Singapore or elsewhere), and the ability of the applicant to perform the duties which would be imposed on that person under this Part and under the major FDI licence, if granted or renewed;

(b)

when making a decision mentioned in subsection (1) — whether it would be contrary to the public interest for the decision to be made.

(3)

In addition, the Authority must not grant or renew a major FDI licence unless —

(a)

the applicant is —

(i)

a company;

(ii)

a corporation formed or incorporated outside Singapore; or

(iii)

the trustee‑manager of a business trust;

(b)

the applicant has a permanent place of business, or a registered office, in Singapore;

(c)

at least one officer of the applicant —

(i)

is a citizen of Singapore or permanent resident of Singapore;

(ii)

is ordinarily resident in Singapore; or

(iii)

if the applicant satisfies such conditions as may be prescribed — belongs to a prescribed class of persons;

(d)

the applicant satisfies such financial requirements as may be prescribed;

(e)

the Authority is satisfied that the applicant meets such other criteria for the grant or renewal of the licence as the Authority considers relevant; and

(f)

the applicant satisfies such operational requirements as the Authority may specify.

(4)

To avoid doubt, the Authority is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.

(5)

In this section, “officer”, in relation to an applicant, means any director, or other person responsible for the management, of the applicant.