Mutual Assistance in Criminal Matters (Amendment) Bill

by deleting the words “prescribed foreign country” in the 2nd line of the definition of “foreign confiscation order” in subsection (1) and substituting the words “foreign country”;

by deleting the words “that is made on or after the date the order under section 17(1) declaring that country as a prescribed foreign country comes into force,” in the 12th, penultimate and last lines of the definition of “foreign confiscation order” in subsection (1) and substituting the words “that is made on or after the appointed date for that country”;

by deleting the words “prescribed foreign country” in the 2nd line of the definition of “instrumentality forfeiture order” in subsection (1) and substituting the words “foreign country”;

by deleting the words “that is made on or after the date the order under section 17(1) declaring that country as a prescribed foreign country comes into force” in the 9th, penultimate and last lines of the definition of “instrumentality forfeiture order” in subsection (1) and substituting the words “that is made on or after the appointed date for that country”; and

by inserting, immediately after subsection (3), the following subsection:“(4) In the definitions of “foreign confiscation order” and “instrumentality forfeiture order”, a reference to the appointed date for a foreign country is a reference to —

in the case of a prescribed foreign country that was declared as such before the date of commencement of the Mutual Assistance in Criminal Matters (Amendment) Act 2006, the date the order under section 17(1) making such declaration came into force; or

in any other case, the date of commencement of the Mutual Assistance in Criminal Matters (Amendment) Act 2006.”.

Subject to the provisions of this Part —

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.(2) Notwithstanding subsection (1)(b) but subject to the provisions of this Part, any assistance referred to in that provision may be provided to a foreign country that is not a prescribed foreign country if the appropriate authority of that country has given 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.(3) The foreign country referred to in subsection (2) shall be deemed a prescribed foreign country for the purposes of the relevant provisions of this Part and (if applicable) the Schedule.”.