Division 2 — Assistance to AML/CFT authorities
Conditions for provision of assistance to AML/CFT authority
30Z.—(1)  The Authority may, on the request of an AML/CFT authority of a foreign country, provide the assistance referred to in section 30ZA to the AML/CFT authority, if the Authority is satisfied that all of the following conditions are fulfilled:
(a)the request is received by the Authority on or after the date of commencement of section 5 of the Monetary Authority of Singapore (Amendment) Act 2015;
(b)the assistance is intended to enable the AML/CFT authority to carry out supervision or take supervisory action;
(c)the AML/CFT authority has given a written undertaking that any information or copy of any information obtained as a result of the request will not be used for any purpose other than a purpose that is specified in the request and approved by the Authority;
(d)the AML/CFT authority has given a written undertaking that the AML/CFT authority will not disclose to a third party any information or copy of any information obtained as a result of the request, unless the AML/CFT authority is compelled to do so by the law or a court of the foreign country, and that the AML/CFT authority will inform the Authority promptly if the AML/CFT authority is so compelled;
(e)the AML/CFT authority has given a written undertaking to obtain the prior consent of the Authority before disclosing any information or copy of any information obtained as a result of the request to a third party, and to make such disclosure only in accordance with such conditions as may be imposed by the Authority;
(f)the AML/CFT authority has given a written undertaking to otherwise protect the confidentiality of any information or copy of any information obtained pursuant to the request;
(g)the request specifies —
(i)the purpose of the request and the nature of the assistance being sought;
(ii)the identity of the financial institution which has in its possession the information requested for;
(iii)the relevance of the information requested to the supervision or supervisory action (as the case may be) of the AML/CFT authority; and
(iv)any other information that may assist in giving effect to the request;
(h)the type and amount of information requested for is proportionate to, and is of sufficient importance to, the carrying out of supervision or the taking of the supervisory action by the AML/CFT authority;
(i)the matter to which the request relates is of sufficient gravity;
(j)the AML/CFT authority has given or is willing to give an undertaking to the Authority to comply with a future request by the Authority to the AML/CFT authority for similar assistance;
(k)the rendering of assistance will not be contrary to the national interest or public interest.
(2)  Despite subsection (1)(c), (d), (e) and (f), the Authority may provide the assistance sought without any of the undertakings referred to in one or more of those provisions if —
(a)none of the information requested for is protected information; and
(b)the Authority considers it appropriate to provide the assistance in the circumstances of the case.
(3)  In considering whether to provide the assistance referred to in section 30ZA to an AML/CFT authority, the Authority may also have regard to the following:
(a)if the request concerns a contravention of an AML/CFT requirement of a foreign country, whether the act or omission that is alleged to constitute the contravention would, if it had occurred in Singapore, have constituted a contravention of any direction or regulation issued or made under section 27A or 27B;
(b)whether the AML/CFT authority has given or is willing to give an undertaking to the Authority to contribute towards the costs of providing the assistance.
[Act 14 of 2015 wef 26/06/2015]
Assistance that may be rendered to AML/CFT authority
30ZA.—(1)  Despite the provisions of any prescribed written law or any requirement imposed under any such written law, any rule of law, any contract or any rule of professional conduct, the Authority or any person authorised by the Authority may, in relation to a request by an AML/CFT authority for assistance, transmit to the AML/CFT authority any information in the possession of the Authority that is requested by the AML/CFT authority or a copy of the information.
(2)  The Authority or any person authorised by the Authority may, in relation to a request by an AML/CFT authority for assistance —
(a)order any financial institution or any person who is or used to be a chief executive or director, or an executive officer, employee, agent or office holder, of a financial institution to furnish to the Authority any information requested by the AML/CFT authority which is in the possession or control of the financial institution or person (as the case may be), or a copy of that information, for transmission to the AML/CFT authority; or
(b)request a domestic authority to furnish to the Authority any information that is requested by the AML/CFT authority, or a copy of that information, for transmission to the AML/CFT authority.
(3)  An order under subsection (2)(a) has effect despite any obligation of confidentiality or other restrictions on the disclosure of information imposed by any prescribed written law or any requirement imposed under any such written law, any rule of law, any contract or any rule of professional conduct.
(4)  Nothing in this section requires an advocate and solicitor, or a legal counsel referred to in section 128A of the Evidence Act (Cap. 97) —
(a)to provide or transmit any information, or a copy of any information, that contains; or
(b)to disclose,
a privileged communication made by or to the advocate and solicitor or legal counsel in that capacity.
(5)  An advocate and solicitor, or a legal counsel referred to in section 128A of the Evidence Act, who refuses to provide or transmit any information, or copy of any information, that contains, or to disclose, any privileged communication must nevertheless give the name and address (if known) of the person to whom, or by or on behalf of whom, the privileged communication was made.
[Act 14 of 2015 wef 26/06/2015]