Mutual Assistance in Criminal Matters Act 2000

the restraining of dealing with, or the seizure, forfeiture or confiscation of, property in connection with a Singapore offence or foreign offence, as the case may be; or

the obtaining, enforcement or satisfaction of a Singapore confiscation order or foreign confiscation order, as the case may be;

in the case of a request by that country to Singapore for assistance in a criminal matter, to make the request; or

in the case of a request by Singapore to that country for assistance in a criminal matter, to receive the request;

the Director, a Deputy Director, a Divisional Director or any other officer, of the Central Narcotics Bureau, appointed under section 3(1) of the Misuse of Drugs Act 1973;

any special investigator of the Corrupt Practices Investigation Bureau appointed under section 3(2) of the Prevention of Corruption Act 1960;

any Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004;

any police officer; or

any other person or class of persons appointed by the Minister as an authorised officer or authorised officers for the purposes of this Act;

the production, supply, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention on Narcotic Drugs signed at New York on 30 March 1961;

the production, supply, use, export and import of dangerous or otherwise harmful drugs pursuant to any treaty, convention or other agreement or arrangement to which the Government and the government of that country are for the time being parties; or

the benefits of trafficking in the drugs or substances referred to in paragraph (a) or (b);

into a Singapore offence or foreign offence, as the case may be; or

for the purposes of an ancillary criminal matter;

a criminal investigation;

criminal proceedings; or

an ancillary criminal matter;

receiving or acquiring the property;

concealing or disguising the property (whether by concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it or otherwise);

disposing of or converting the property;

bringing the property into or removing the property from Singapore;

using the property to borrow money, or as security (whether by way of charge, mortgage or pledge or otherwise); and

where a debt is owed to the person holding the property, making a payment to any person in reduction of the amount of the debt;

any offence (being an offence against the law of Singapore) specified in the First Schedule;

conspiracy to commit any such offence;

inciting another to commit any such offence;

attempting to commit any such offence; or

aiding, abetting, counselling or procuring the commission of any such offence;

means an order made by a court in a foreign country, on or after the appointed date for that country, for the recovery, forfeiture or confiscation of —

any payment or other reward received in connection with an offence against the law of that country, or the value of any such payment or reward; or

any property derived or realised, directly or indirectly, from any payment or other reward mentioned in sub‑paragraph (i), or the value of any such property; and

includes an instrumentality forfeiture order;

to answer a specified question; or

to produce a specified thing;

omitting from, or understating or overstating in, a return made for the purposes of that tax any information which should be included in the return;

making any false statement or entry in any return, claim or application made, or any document or information required to be given, for the purposes of that tax;

giving any false answer, whether verbally or in writing, to any question or request for information asked or made for the purposes of that tax;

failing to inform the authority responsible for the collection of that tax, in the required manner, of any incorrect information appearing in any assessment made by that authority, when required to do so;

preparing or maintaining, or authorising the preparation or maintenance, of any false books of account or other records, or falsifying or authorising the falsification of any books of account or records;

making use of any fraud, art or contrivance, or authorising the use of any such fraud, art or contrivance;

any drug or other substance in respect of which an offence against the corresponding drug law of that country has been committed; or

any property which was used in connection with the commission of any offence against the law of that country;

a structure (whether or not movable or offshore), building, tent, vehicle, vessel, hovercraft or aircraft;

a place (whether or not enclosed or built upon); and

a part of premises (including premises of a kind referred to in paragraph (a) or (b));

out of any court of Singapore or by any Judge, District Judge, Magistrate, the Registrar or Deputy Registrar or an Assistant Registrar of the Supreme Court, or the Registrar or a Deputy Registrar of the State Courts; or

out of any court of a foreign country or by any judge, magistrate or officer of such a court,as the case may be;

any offence (being an offence against the law of Singapore other than a drug dealing offence) that —

is specified in the Second Schedule; or

is punishable with imprisonment for a term which may extend to 4 years or more;

conspiracy to commit any such offence;

inciting another to commit any such offence;

attempting to commit any such offence; or

aiding, abetting, counselling or procuring the commission of any such offence;

a confiscation order made under section 6 or 7 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;

a substitute property confiscation order made under section 34 of that Act; or

a confiscation order within the meaning of Part 9 of the Organised Crime Act 2015;

a drug dealing offence; or

a serious offence;

a reference to a foreign country includes a reference to —

a territory of that country, other than a territory that is itself a prescribed foreign country; and

a ship or aircraft of, or registered in, that country; and

a reference to the law of a foreign country includes a reference to the law in force in any part of that country.

in the case of a prescribed foreign country that was declared as such before 1 April 2006, the date the order under section 17(1) making such declaration came into force; or

in any other case, 1 April 2006.

it is a communication made between a lawyer and a client, or a legal counsel acting as such and his or her employer, in connection with the lawyer giving legal advice to the client or the legal counsel giving legal advice to the employer, as the case may be;

it is a communication made between 2 or more lawyers acting for a client, or 2 or more legal counsel acting as such for their employer, in connection with one or more of the lawyers giving legal advice to the client or one or more of the legal counsel giving legal advice to the employer, as the case may be;

it is a communication made —

between a client, or an employer of a legal counsel, and another person;

between a lawyer acting for a client and either the client or another person; or

between a legal counsel acting as such for his or her employer and either the employer or another person,in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or employer (as the case may be) is or may be, or was or might have been, a party;

it is an item, or a document (including its contents), that is enclosed with or referred to in any communication in paragraph (a) or (b) and that is made or prepared by any person in connection with a lawyer or legal counsel, or one or more of the lawyers or legal counsel, in either paragraph giving legal advice to the client or the employer of the legal counsel, as the case may be; or

it is an item, or a document (including its contents), that is enclosed with or referred to in any communication in paragraph (c) and that is made or prepared by any person in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or the employer of the legal counsel (as the case may be) is or may be, or was or might have been, a party,but it is not any such communication, item or document that is made, prepared or held with the intention of furthering a criminal purpose.

if the employer is one of a number of corporations that are related to each other under section 6 of the Companies Act 1967, every corporation so related as if the legal counsel is also employed by each of the related corporations;

if the employer is a public agency within the meaning of section 128A(6) of the Evidence Act 1893 and the legal counsel is required as part of his or her duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to any other public agency or agencies, the other public agency or agencies as if the legal counsel is also employed by the other public agency or each of the other public agencies; and

an employee or officer of the employer;

evidence to be taken in the foreign country; and

the evidence to be sent to the Attorney‑General,if the Attorney‑General is satisfied that there are reasonable grounds for believing that the evidence would be relevant to any criminal proceedings in Singapore.

to assist in obtaining, by search and seizure if necessary, any thing in the foreign country or a photograph or copy of the thing; and

to arrange for the thing or the photograph or copy of the thing to be sent to the Attorney‑General,if the Attorney‑General is satisfied that there are reasonable grounds for believing that the thing would be relevant to a criminal matter in Singapore.

whether it was possible to challenge the statement by questioning the person who made it; and

whether the law of the foreign country concerned allowed the parties to the criminal proceedings to be legally represented when the evidence was being taken.

there are reasonable grounds to believe that a person in a foreign country is capable of giving evidence or assistance relevant to a criminal matter involving a Singapore offence; and

that person consents to travel to Singapore for the purpose of giving that evidence or assistance,the Attorney‑General may request the appropriate authority of the foreign country to assist in arranging for the attendance of the person in Singapore for the purpose of giving that evidence or assistance.

the removal of the person to Singapore;

the return of the person to the foreign country; and

other relevant matters.

be detained, prosecuted or punished in Singapore for any offence that is alleged to have been committed, or that was committed, before the person’s departure from the foreign country concerned pursuant to the request;

be subjected to any civil suit in respect of any act or omission that is alleged to have occurred, or that had occurred, before the person’s departure from the foreign country pursuant to the request, being a civil suit to which the person could not be subjected if that person were not in Singapore; or

be required to give evidence or assistance in relation to any criminal matter in Singapore other than the criminal matter to which the request relates.

the person has left Singapore; or

the person has had the opportunity of leaving Singapore and has remained in Singapore otherwise than for —

the purpose to which the request relates; or

the purpose of giving evidence or assistance in a criminal matter in Singapore certified by the Attorney‑General, in writing, to be a criminal matter in which it is desirable that the person gives evidence or assistance.

for the enforcement and satisfaction of a Singapore confiscation order; or

where a Singapore confiscation order may be made in any proceedings which have been or are to be instituted in Singapore, to restrain dealing in any property against which the order may be enforced or which may be available to satisfy the order,if the Attorney‑General is satisfied that there are reasonable grounds for believing that some or all of the property concerned is located in that country.

the Singapore confiscation order requires the payment of a specified amount; and

property is recovered in a foreign country pursuant to a request under subsection (1),that specified amount must be reduced by the value of property so recovered.

that property has been recovered in the foreign country pursuant to a request under subsection (1); or

the value of the property or the date on which it was recovered,is, in any judicial proceedings, admissible as evidence of the matter so stated.

assistance under sections 21 and 27(1) and Divisions 7 and 8 may be provided to any foreign country; and

assistance under section 27(2) and Divisions 2 (other than section 21), 3, 5 and 6 may only be provided to any prescribed foreign country.

specify the purpose of the request and the nature of the assistance being sought;

identify the person or authority that initiated the request; and

be accompanied by —

a certificate from the appropriate authority of that country that the request is made in respect of a criminal matter within the meaning of this Act;

a description of the nature of the criminal matter and a statement setting out a summary of the relevant facts and laws;

where the request relates to —

the location of a person who is suspected to be involved in or to have benefited from the commission of an offence; or

the tracing of property that is suspected to be connected with an offence,the name, identity, nationality, location or description of that person, or the location and description of the property (if known) and a statement setting forth the basis for suspecting the matter referred to in sub‑paragraph (A) or (B);

a description of the offence to which the criminal matter relates, including its maximum penalty;

details of the procedure that that country wishes to be followed by Singapore in giving effect to the request, including details of the manner and form in which any information or thing is to be supplied to that country pursuant to the request;

where the request is for assistance relating to an ancillary criminal matter and judicial proceedings to obtain a foreign confiscation order have not been instituted in that country, a statement indicating when they are likely to be instituted;

a statement setting out the wishes of that country concerning the confidentiality of the request and the reason for those wishes;

details of the period within which that country wishes the request to be met;

if the request involves a person travelling from Singapore to that country, details of allowances to which the person will be entitled, and of the arrangements for accommodation for the person while he or she is in that country pursuant to the request;

any other information required to be included with the request under any treaty, memorandum of understanding or other agreement between Singapore and that country; and

any other information that may assist in giving effect to the request or which is required under the provisions of this Act.

the appropriate authority of that country has, in respect of that request, failed to comply with the terms of any treaty, memorandum of understanding or other agreement between Singapore and that country;

the request relates to the investigation, prosecution or punishment of a person for an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character;

the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Singapore, would have constituted an offence under the military law applicable in Singapore but not also under the ordinary criminal law of Singapore;

there are substantial grounds for believing that the request was made for the purpose of investigating, prosecuting, punishing or otherwise causing prejudice to a person on account of the person’s race, religion, sex, ethnic origin, nationality or political opinions;

the request relates to the investigation, prosecution or punishment of a person for an offence in a case where the person —

has been convicted, acquitted or pardoned by a competent court or other authority in that country; or

has undergone the punishment provided by the law of that country,in respect of that offence or of another offence constituted by the same act or omission as the firstmentioned offence;

the offence to which the request relates is not an offence of sufficient gravity;

the thing requested for is of insufficient importance to the investigation or could reasonably be obtained by other means;

it is contrary to public interest to provide the assistance;

the appropriate authority fails to undertake that the thing requested for will not be used for a matter other than the criminal matter in respect of which the request was made, except with the consent of the Attorney‑General;

in the case of a request for assistance under Division 2 or 6, the appropriate authority fails to undertake to return to the Attorney‑General, upon the Attorney‑General’s request, any thing obtained pursuant to the request upon completion of the criminal matter in respect of which the request was made; or

the provision of the assistance could prejudice a criminal matter in Singapore.

pursuant to the terms of any treaty, memorandum of understanding or other agreement between Singapore and that country;

if, in the opinion of the Attorney‑General, the provision of the assistance would, or would be likely to, prejudice the safety of any person (whether in Singapore or elsewhere);

if, in the opinion of the Attorney‑General, the provision of the assistance would impose an excessive burden on the resources of Singapore; or

if, in the case of any assistance under sections 21 and 27(1) and Divisions 7 and 8, that country is not declared as a prescribed foreign country under section 17 and the appropriate authority of that country fails to give an undertaking to the Attorney‑General that that country will comply with a future request by Singapore to that country for similar assistance in a criminal matter involving an offence that corresponds to the foreign offence for which assistance is sought.

the request relates to the investigation, prosecution or punishment of a person in respect of a foreign tax evasion offence of that country; and

the Attorney‑General is satisfied that an arrangement having effect under section 49 or 105BA of the Income Tax Act 1947, or an international tax compliance agreement as defined in section 105I of that Act, has been made with the government of that foreign country.

take the evidence of each witness appearing before the Magistrate to give evidence in relation to the criminal matter as if the witness were giving evidence on a charge against a person for an offence against the law of Singapore;

cause the evidence to be reduced in writing and certify at the end of that writing that the evidence was taken by the Magistrate; and

cause the writing, so certified, to be sent to the Attorney‑General.

produce the thing to an authorised officer for the authorised officer to take away; or

give an authorised officer access to the thing,within 7 days of the date of the order or any other period that the court considers appropriate.

that there are reasonable grounds for suspecting that a specified person has carried on or benefited from a foreign offence;

that there are reasonable grounds for believing that the thing to which the application relates —

is likely to be of substantial value (whether by itself or together with another thing) to the criminal matter in respect of which the application was made; and

does not consist of or include items subject to legal privilege; and

that the court is satisfied that it is not contrary to the public interest for the thing to be produced or that access to it be given.

an order under section 22(3)(a) has effect as an order to produce the material in a form which can be taken away and which is visible and legible; and

an order under section 22(3)(b) has effect as an order to give access to the material in a form which is visible and legible.

the production or making available of the thing might tend to incriminate the person or make the person liable to a penalty; or

the production or making available of the thing would be in breach of an obligation (whether imposed by law or otherwise) of the person not to disclose the existence of the contents of the thing.

does not confer any right to the production of, or of access to, items subject to legal privilege; and

has effect despite any obligations as to secrecy or other restrictions upon the disclosure of information imposed by statute or otherwise.

the discharge and variation of orders under section 22; and

proceedings relating to those orders.

automatically processes information;

automatically records or stores information;

can be used to cause information to be automatically recorded, stored or otherwise processed on other equipment (wherever situated); or

can be used to retrieve information whether the information is recorded or stored in the equipment itself or in other equipment (wherever situated).

producing or giving access to any thing if the person had produced or given access to the thing in good faith in compliance with an order made against the person under section 22; or

doing or omitting to do any act if the person had done or omitted to do the act in good faith and as a result of complying with such an order.

the request relates to a criminal matter in the foreign country involving a foreign offence;

there are reasonable grounds to believe that the person concerned is capable of giving or providing evidence or assistance relevant to the criminal matter;

the person concerned has freely consented to attend as requested;

the person is not —

a prisoner within the meaning of section 2 of the Prisons Act 1933; or

otherwise under detention in a prescribed institution; and

the appropriate authority has given adequate undertakings in respect of the matters mentioned in subsection (3),the Attorney‑General may assist in making arrangements for the travel of the person to the foreign country.

that the person must not —

be detained, prosecuted or punished for any offence against the law of the foreign country that is alleged to have been committed, or that was committed, before the person’s departure from Singapore;

be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that had occurred, before the person’s departure from Singapore, being a civil suit to which the person could not be subjected if that person were not in the foreign country; or

be required to give evidence or assistance in relation to any criminal matter in the foreign country other than the criminal matter to which the request relates,unless —

the person has left the foreign country; or

the person has had the opportunity of leaving the foreign country and has remained in the foreign country otherwise than for the purpose of giving or providing evidence or assistance in relation to the criminal matter to which the request relates;

that any evidence given by the person in the criminal proceedings to which the request relates (if any) will be inadmissible or otherwise disqualified from use in the prosecution of the person for an offence against the law of the foreign country, other than for the offence of perjury, or contempt of court, in relation to the giving of that evidence;

that the person will be returned to Singapore in accordance with arrangements agreed to by the Attorney‑General; and

any other matters that the Attorney‑General thinks appropriate.

a person is being held in custody pursuant to a direction under subsection (2); and

the person’s transportation is not, in the opinion of the Attorney‑General, continued within a reasonable time,the Attorney‑General may direct that the person be transported in custody to the foreign country from which the person was first transported, and such direction is sufficient authority for that person’s removal from Singapore by any means that the Attorney‑General directs.

the enforcement and satisfaction of a foreign confiscation order, made in any judicial proceedings instituted in that country, against property that is reasonably believed to be located in Singapore; or

where a foreign confiscation order may be made in judicial proceedings which have been or are to be instituted in that country, the restraining of dealing in any property that is reasonably believed to be located in Singapore and against which the order may be enforced or which may be available to satisfy the order.

in the case of subsection (1)(a) — act or authorise the taking of action under section 30 and the provisions of the Third Schedule; or

in the case of subsection (1)(b) — act or authorise the taking of action under the provisions of the Third Schedule,and in that event the provisions of the Third Schedule apply accordingly.

that the order is in force and not subject to further appeal in the foreign country;

where a person affected by the order did not appear in the proceedings, that the person received notice of the proceedings in sufficient time to enable the person to defend them; and

that enforcing the order in Singapore would not be contrary to the interests of justice.

any proceedings by way of discharging or setting aside a judgment; and

an application for a new trial or a stay of execution.

any order made or judgment given by a court of a prescribed foreign country purporting to bear the seal of that court or to be signed by any person in his or her capacity as a judge, magistrate or officer of the court, is deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person; and

a document, duly authenticated, that purports to be a copy of any order made or judgment given by a court of a prescribed foreign country is deemed without further proof to be a true copy.

judicial proceedings have been instituted and have not been concluded, or that judicial proceedings are to be instituted, in that country;

a foreign confiscation order is in force and is not subject to appeal;

all or a certain amount of the sum payable under a foreign confiscation order remains unpaid in that country, or that other property recoverable under a foreign confiscation order remains unrecovered in that country;

a person has been notified of any judicial proceedings in accordance with the law of that country; or

an order (however described) made by a court of that country has the purpose of —

recovering, forfeiting or confiscating —

any payment or other reward received in connection with an offence against the law of that country, or the value of any such payment or reward; or

any property derived or realised, directly or indirectly, from any payment or other reward mentioned in sub‑paragraph (A), or the value of any such property; or

forfeiting, and destroying or otherwise disposing of —

any drug or other substance in respect of which an offence against the corresponding drug law of that country has been committed; or

any property which was used in connection with the commission of any offence against the law of that country,is, in any proceedings in a court, admissible as evidence of the facts so stated.

the request relates to a criminal matter in that country in respect of a foreign offence; and

there are reasonable grounds for believing that the thing to which the request relates is relevant to the criminal matter and is located in Singapore,the Attorney‑General, or an authorised officer directed by the Attorney‑General, may apply to the court for a warrant under section 34 in respect of specified premises.

an order made under section 22 in relation to any thing on the premises has not been complied with; or

the conditions in subsection (2) are fulfilled.

that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from a foreign offence;

that there are reasonable grounds for believing that the thing to which the application relates —

is likely to be of substantial value (whether by itself or together with another thing) to the criminal matter in respect of which the application is made; and

does not consist of or include items subject to legal privilege; and

that the court is satisfied that it is not contrary to the public interest for the warrant to be issued.

producing or giving access to any thing if the person had produced or given access to the thing in good faith in compliance with a warrant issued under section 34; or

doing or omitting to do any act if the person had done or omitted to do the act in good faith and as a result of complying with such a warrant.

the request relates to a criminal matter in the foreign country;

there are reasonable grounds for believing that the person to whom the request relates —

is or might be concerned in, or could give or provide evidence or assistance relevant to, the criminal matter; and

is in Singapore,the Attorney‑General may authorise, in writing, assistance in accordance with this section.

that the request relates to a criminal matter in that country;

that there are reasonable grounds for believing that the person to be served is in Singapore;

that the country has provided sufficient details of the consequences of a failure to comply with such process; and

where the request relates to the service of a summons to appear as a witness in that country, that that country has given an adequate undertaking in respect of the matters specified in section 39,the Attorney‑General may authorise assistance in accordance with this section.

use his or her best endeavours to have the process served —

in accordance with procedures proposed in the request; or

if those procedures would be unlawful or inappropriate in Singapore, or if no procedures are so proposed, in accordance with the Rules of Court; and

if the document —

is served — transmit to the Attorney‑General for transmission to the appropriate authority a certificate by the Registrar of the Supreme Court as to the service; or

is not served — transmit to the Attorney‑General for transmission to the appropriate authority a statement by the Registrar of the Supreme Court of the reasons which prevented the service.

the documents and other information to accompany the service of process; and

the form of the certificate mentioned in subsection (3)(b)(i) and the statement mentioned in subsection (3)(b)(ii).

in the case of a Singapore request — be given before the request is made;

in the case of a foreign request — be given as soon as reasonably practicable after receipt of the request and before the request is processed; and

be accompanied by —

a copy of the request;

copies of all relevant documents;

a summary of the material facts supporting the request; and

any other matters and information that the Minister may require.

the taking of any action in relation to a Singapore request or foreign request is in the interests of the sovereignty, security or public order of Singapore — instruct the Attorney‑General to take such action, and the Attorney‑General must comply with the instruction; or

the taking of any action in relation to a Singapore request or foreign request is against the interests of the sovereignty, security or public order of Singapore — instruct the Attorney‑General not to take such action, and the Attorney‑General must, despite the provisions of this Act, comply with the instruction.