/akn/sg/act/sub_leg/2022/FSMA-S238-2023

Financial Services and Markets (Freezing of Assets of Persons — Yemen) Regulations 2023

The full official text, structured for quick navigation. Copy any provision or jump straight to a section.

Open source PDF
Type
Subsidiary Legislation
Status
In force
Enacted
2022
Sections
8

Quick answer

About this subsidiary legislation

Financial Services and Markets (Freezing of Assets of Persons — Yemen) Regulations 2023 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation FSMA-S238-2023 2022, currently marked in force and first recorded in 2022.

Regulation 1

Citation and commencement

Open as pageSuggest a correction

These Regulations are the Financial Services and Markets (Freezing of Assets of Persons — Yemen) Regulations 2023 and come into operation on 28 April 2023.

Regulation 2

Object

Open as pageSuggest a correction

The object of these Regulations is to assist in giving effect to Resolution 2140 (2014) of the Security Council of the United Nations.

Regulation 4

Definitions

Open as pageSuggest a correction

Definition

“Committee” means the Committee of the Security Council of the United Nations established under paragraph 19 of Resolution 2140 (2014);

Suggest a correction

Definition

“designated person” means an individual or entity set out in the UN List subject to the conditions set out in paragraph (2);

Suggest a correction

Definition

“funds” includes cheques, bank deposits and other financial resources;

Suggest a correction

Definition

“Resolution” means a Resolution of the Security Council of the United Nations;

Suggest a correction

Definition

“UN List” means the list of individuals or entities identified by the Security Council of the United Nations or the Committee as individuals or entities to whom or which any of the measures specified in paragraph 11 of Resolution 2140 (2014) apply, as updated from time to time by the Security Council of the United Nations or the Committee, and made available on the Internet through the official United Nations website at http://www.un.org/.

Suggest a correction

Subregulation 2

Suggest a correction

The conditions mentioned in the definition of “designated person” in paragraph (1) are —

(a)

where any individual or entity is added to the UN List on or after 28 April 2023, the individual or entity is taken to be a designated person with effect from the date immediately following the date of the addition to the UN List;

(b)

where any individual or entity is removed from the UN List, the individual or entity ceases to be a designated person with effect from the date of removal from the UN List; and

(c)

where the particulars of any individual or entity in the UN List are modified on or after 28 April 2023, the particulars of the individual or entity are taken to be modified for the purposes of these Regulations with effect from the date immediately following the date of modification of the UN List.

Regulation 5

Assets of certain persons to be frozen

Open as pageSuggest a correction

Subregulation 1

Suggest a correction

Subject to paragraph (3), any financial institution that has in its possession, custody or control in Singapore, any funds, other financial assets or economic resources owned or controlled, directly or indirectly, by any designated person must —

(a)

immediately freeze all of the funds, financial assets or economic resources, as the case may be; and

(b)

ensure that the funds, financial assets or economic resources are not made available, whether directly or indirectly, to or for the benefit of the designated person.

Subregulation 2

Suggest a correction

For the purposes of paragraph (1), any funds, other financial assets or economic resources that are held by —

(a)

any entity owned or controlled, directly or indirectly, by any designated person; or

(b)

any individual or entity who acts on behalf of or under the direction of any designated person,are to be treated as funds, financial assets or economic resources owned or controlled by the designated person.

Subregulation 3

Suggest a correction

The requirement in paragraph (1) does not apply to any funds, other financial assets or economic resources that have been determined by the Authority —

(a)

to be necessary —

(i)

for the payment of basic expenses, including any payment for foodstuff, rent, the discharge of a mortgage, medicine, medical treatment, taxes, insurance premiums and public utility charges; or

(ii)

exclusively for —

(A)

the payment of reasonable professional fees and the reimbursement of any expenses incurred in connection with the provision of legal services; or

(B)

the payment of fees or service charges imposed for the routine holding or maintenance of frozen funds, financial assets or economic resources;

(b)

to be necessary for the payment of any extraordinary expenses; or

(c)

to be the subject of any judicial, administrative or arbitral lien or judgment, in which case the funds, financial assets or economic resources may be used to satisfy the lien or judgment if (and only if) the lien or judgment —

(i)

arose or was entered before 26 February 2014; and

(ii)

is not for the benefit of a designated person.

Subregulation 4

Suggest a correction

A financial institution may credit to any account frozen under paragraph (1) —

(a)

interest or other earnings due on the account; or

(b)

payments due under any contract, agreement or obligation that arose before 6 March 2015,except that any such interest, earnings or payments are subject to paragraph (1).

Regulation 6

Duty to provide information

Open as pageSuggest a correction

Every financial institution which —

(a)

has possession, custody or control in Singapore of any funds, other financial assets or economic resources owned or controlled, directly or indirectly, by any designated person; or

(b)

has information about any transaction or proposed transaction in respect of any funds, other financial assets or economic resources owned or controlled, directly or indirectly, by any designated person,must immediately inform the Authority of that fact or information, and provide any further information relating to the funds, financial assets, economic resources, transaction or proposed transaction that the Authority may require.

Regulation 7

Revocation

Open as pageSuggest a correction

Revoke the Monetary Authority of Singapore (Freezing of Assets of Persons — Yemen) Regulations 2015 (G.N. No. S 109/2015) (called in these Regulations the revoked Regulations).

Regulation 8

Saving and transitional provisions

Open as pageSuggest a correction

Subregulation 1

Suggest a correction

Any funds, financial assets or economic resources frozen under regulation 5(1) of the revoked Regulations are treated as frozen under regulation 5(1) of these Regulations.

Subregulation 2

Suggest a correction

Any determination made by the Authority under regulation 5(3) of the revoked Regulations and which was in force immediately before 28 April 2023 is treated as a determination made by the Authority under regulation 5(3) of these Regulations.

Subregulation 3

Suggest a correction

Any information provided by a financial institution under regulation 6 of the revoked Regulations is treated as having been provided under regulation 6 of these Regulations, and any requirement of the Authority to provide further information under regulation 6 of the revoked Regulations is treated as a requirement of the Authority to provide further information under regulation 6 of these Regulations.

Common questions

What is Financial Services and Markets (Freezing of Assets of Persons — Yemen) Regulations 2023?
Financial Services and Markets (Freezing of Assets of Persons — Yemen) Regulations 2023 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation FSMA-S238-2023 2022, currently marked in force and first recorded in 2022.
Is Financial Services and Markets (Freezing of Assets of Persons — Yemen) Regulations 2023 still in force?
Yes — Financial Services and Markets (Freezing of Assets of Persons — Yemen) Regulations 2023 is currently in force.
When did Financial Services and Markets (Freezing of Assets of Persons — Yemen) Regulations 2023 take effect?
Financial Services and Markets (Freezing of Assets of Persons — Yemen) Regulations 2023 was first recorded in 2022.
How many regulations does Financial Services and Markets (Freezing of Assets of Persons — Yemen) Regulations 2023 have?
Financial Services and Markets (Freezing of Assets of Persons — Yemen) Regulations 2023 contains 8 regulations.
Where can I read the official version of Financial Services and Markets (Freezing of Assets of Persons — Yemen) Regulations 2023?
The official text of Financial Services and Markets (Freezing of Assets of Persons — Yemen) Regulations 2023 is published at sso.agc.gov.sg.