PART 6A CROSS BORDER MOVEMENTS OF PHYSICAL CURRENCY
AND BEARER NEGOTIABLE INSTRUMENTS |
| 58. The object of this Part is to impose measures for the disclosure of information regarding movements of physical currency and bearer negotiable instruments into and out of Singapore for the purpose of detecting, investigating and prosecuting drug dealing offences and serious offences, and to allow the confiscation of any physical currency or bearer negotiable instrument moved, attempted to be moved, or received, in contravention of the requirements under this Part. [48A [44/2007; 21/2014; 51/2018] |
| Interpretation of this Part |
59.—(1) In this Part —“bearer negotiable instrument” means —| (a) | a traveller’s cheque; or | | (b) | any negotiable instrument that is in bearer form, indorsed without any restriction, made out to a fictitious payee or otherwise in such form that title thereto passes upon delivery, |
| and includes a negotiable instrument that has been signed but with the payee’s name omitted; |
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| “business day” means a day other than a Saturday, Sunday or public holiday; |
| “cash” means physical currency or a bearer negotiable instrument; |
| “commercial goods carrier” means a person who, in the normal course of a business, carries goods or mail for reward, and includes the person’s employee; |
| “commercial passenger carrier” means a person who, in the normal course of a business, carries passengers for reward, and includes the person’s employee; |
| “eligible place” means any islet, landing place, wharf, dock, railway or quay or premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act 1996 or the Civil Aviation Authority of Singapore Act 2009; |
| “embarkation location” means an immigration control post, place of embarkation, authorised airport, authorised point of departure, authorised train checkpoint or authorised departing place declared under section 5(3) of the Immigration Act 1959; |
| “immigration officer” means the Controller of Immigration or any immigration officer appointed under section 3 of the Immigration Act 1959, and includes an officer of customs; |
“physical currency” means the coin and printed money (whether of Singapore or of a foreign country) that —| (a) | is designated as legal tender; and | | (b) | circulates as, and is customarily used and accepted as, a medium of exchange in the country of issue; |
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| “printed money” means money comprising a note printed, written or otherwise made on polymer, paper or any other material; |
| “railway” has the meaning given by the Railways Act 1905 but does not include any rapid transit system set up under the Rapid Transit Systems Act 1995; |
| “send” includes send through the post or by means of another person. [44/2007; 17/2009] |
| (2) In determining whether an amount of foreign currency (including an amount in which a document is denominated) is equivalent to a Singapore dollar amount under this Part, the amount of foreign currency is to be translated to Singapore currency at the exchange rate applicable at the relevant time. [44/2007] |
(3) For the purposes of this Part ––| (a) | a person moves cash out of Singapore if the person takes or sends the cash (whether in a receptacle or otherwise) out of Singapore; and | | (b) | a person moves cash into Singapore if the person brings or sends the cash (whether in a receptacle or otherwise) into Singapore. [48B [44/2007] |
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| Reports about cross border movements of cash |
| 60.—(1) A person must not move or attempt to move into or out of Singapore cash the total value of which exceeds the prescribed amount (or its equivalent in a foreign currency), without giving a report in respect of the movement in accordance with this section. [44/2007; 21/2014] | (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both. [44/2007] |
| (3) It is a defence for a person charged with an offence under subsection (2) to prove that the person did not know and had no reasonable ground to believe that the receptacle within which the cash was moved or attempted to be moved contained cash. [44/2007] |
(4) A report under this section must —| (a) | be in the prescribed form; | | (b) | contain full and accurate information relating to the matter being reported as is specified in the form; | | (c) | be given —| (i) | to an immigration officer if the movement of the cash is to be effected by a person bringing or taking the cash into or out of Singapore with the person; or | | (ii) | in any other case, to a Suspicious Transaction Reporting Officer or, if regulations permit, to an immigration officer; and |
| | (d) | be given at the prescribed time. [44/2007] |
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(5) The Minister may make regulations for the matters referred to in this section; and may, for the purposes of subsection (4)(a) and (d), prescribe different forms and different times —| (a) | for different manners of moving cash into and out of Singapore; and | | (b) | for different classes of persons. [44/2007; 21/2014] |
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(6) Subsection (1) does not apply if —| (a) | the person is a commercial passenger carrier; and | | (b) | the cash is in the possession of any of the carrier’s passengers. [44/2007] |
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(7) Subsection (1) does not apply if ––| (a) | the person is a commercial goods carrier; | | (b) | the cash is carried on behalf of another person; | | (c) | the other person has not disclosed to the carrier that the goods carried on behalf of the other person include cash; and | | (d) | the carrier does not know and has no reasonable ground to believe that the goods carried on behalf of the other person include cash. [44/2007] |
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| (8) The burden of proving the matters referred to in subsection (6) or (7) lies with the person who wishes to rely on that subsection. [48C [44/2007] |
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| Obligation of immigration officers |
| 61. If a report under section 60 is given to an immigration officer, he or she must, on request, within a reasonable time forward it to a Suspicious Transaction Reporting Officer. [48D [44/2007] |
| Reports about receipts of cash from outside Singapore |
| 62.—(1) A person who receives cash the total value of which exceeds the prescribed amount (or its equivalent in a foreign currency), which is moved to the person from outside Singapore, must make a report in respect of the receipt in accordance with this section before the end of the period of 5 business days beginning on the day of the receipt. [44/2007; 21/2014] | (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both. [44/2007] |
| (3) It is a defence for a person charged with an offence under subsection (2) to prove that the person did not know and had no reasonable ground to believe that the cash was moved from outside Singapore. [44/2007] |
(4) A report under this section must —| (a) | be in the prescribed form; | | (b) | contain full and accurate information relating to the receipt being reported as is specified in the form; and | | (c) | be given to a Suspicious Transaction Reporting Officer. [44/2007] |
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| (5) The Minister may make regulations for the matters referred to in this section. [48E [21/2014] |
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| Questioning and search powers in relation to cash |
63.—(1) A person who —| (a) | is about to leave Singapore; | | (b) | is in an embarkation location for the purpose of leaving Singapore; or | | (c) | arrives in Singapore, |
| must, if required to do so by an authorised officer or immigration officer — |
| (d) | declare whether or not the person has with him or her any cash; | | (e) | declare the total value of any cash that the person has with him or her; | | (f) | declare whether or not, to the best of the person’s knowledge and belief, a report under section 60 has been given in respect of any cash that the person has with him or her; | | (g) | produce to the officer any cash that the person has with him or her; and | | (h) | answer any question the officer may have with respect to the cash. [44/2007] |
(2) An authorised officer or immigration officer may, with such assistance as is reasonable and necessary, examine any article or baggage which a person has with him or her if the person —| (a) | is about to leave Singapore; | | (b) | is in an embarkation location for the purpose of leaving Singapore; or | | (c) | has arrived in Singapore, |
| for the purpose of finding out whether the person has with him or her any cash in respect of which a report under section 60 is required. |
[44/2007] |
(3) An authorised officer or immigration officer may, with such assistance as is reasonable and necessary, search a person for the purpose of finding out whether the person has with him or her any cash in respect of which a report under section 60 is required, so long as —| (a) | the person —| (i) | is about to leave Singapore; | | (ii) | is in an embarkation location for the purpose of leaving Singapore; or | | (iii) | has arrived in Singapore; and |
| | (b) | the officer has reasonable grounds to suspect that there is on the person or in clothing being worn by the person, cash in respect of which a report under section 60 is required. [44/2007] |
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| (4) If an authorised officer or immigration officer has reasonable grounds to suspect that any cash found in the course of an examination or search under subsection (2) or (3) may afford evidence as to the commission of an offence under section 60, the officer may seize the cash. [44/2007] |
| (5) A person must not be searched under subsection (3) except by a person of the same sex. [44/2007] |
| (6) An authorised officer or immigration officer, and any person assisting the officer, may board any motor vehicle, train, vessel or aircraft or enter any premises for the purpose of exercising the powers conferred by subsection (1), (2), (3) or (4). [44/2007] |
(7) An authorised officer or immigration officer may, with such assistance as is reasonable and necessary —| (a) | board a motor vehicle, train, vessel or aircraft; and | | (b) | examine or search the motor vehicle, train, vessel or aircraft, and any thing found on the motor vehicle, train, vessel or aircraft, |
| for the purpose of ascertaining whether there is on board the motor vehicle, train, vessel or aircraft any cash in respect of which a report under section 60 is required. |
[44/2007] |
(8) Where an authorised officer or immigration officer has reasonable grounds to suspect that an offence under section 60 may have been committed, the officer may, with such assistance as is reasonable and necessary —| (a) | enter any eligible place; and | | (b) | search the place, and any thing found at or in it, |
| for the purpose of ascertaining whether there is at or in the place, or in the thing, any cash in respect of which a report under section 60 is required. |
[44/2007] |
| (9) If an authorised officer or immigration officer has reasonable grounds to suspect that cash found in the course of a search under subsection (7) or (8) may afford evidence as to the commission of an offence under section 60, the officer may seize the cash. [44/2007] |
| (10) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1), or pursuant to any such requirement knowingly or recklessly makes a declaration or gives an answer that is false in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both. [48F [44/2007] |
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| Confiscation orders for offences under section 60 or 62 |
| 64. Where a defendant is convicted of an offence under section 60(2) or 62(2), the court may, on the application of the Public Prosecutor, make a confiscation order against the defendant in respect of any part of the cash, in relation to which the offence was committed, that exceeds the prescribed amount (or its equivalent in a foreign currency). [48FA [51/2018] |
| 65.—(1) The Minister may, by order in the Gazette, with or without conditions, exempt any person or class of persons from section 60 or 62, or both. [44/2007] | (2) If any exemption is granted under subsection (1) with conditions, the exemption operates only if the conditions are complied with. [48G [44/2007] |
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