PART 6A* | ASSISTANCE BY BORDER AUTHORITIES |
[*Updated to be consistent with the 2020 Revised Edition] | Division 1 — Preliminary provisions |
| Interpretation of this Part |
68A. In this Part, unless the context otherwise requires —| “aircraft” has the same meaning as in section 2(1) of the Regulation of Imports and Exports Act 1995*; |
“authorised officer” means —| (a) | an officer of customs as defined in section 3(1) of the Customs Act 1960*; or | | (b) | any officer or class or description of officers appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on an authorised officer by this Part; |
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| “conveyance” has the same meaning as in section 2(1) of the Regulation of Imports and Exports Act 1995*; |
| “Director-General” means the Director-General of Customs appointed under section 4(1) of the Customs Act 1960*; |
| “goods in transit” means goods imported, whether or not landed or transhipped within Singapore, which are to be carried to another country either by the same or another conveyance; |
| “infringement action” means an action for an infringement of a registered design; |
“infringing article” means an article in respect of which a design is registered and to which the design, or a design not substantially different from that design, has been applied, where —| (a) | the article is made in Singapore without the consent of the registered owner and in a way that infringes the design; or | | (b) | the article is made in another country or territory without the consent of the registered owner and in a way that, had it been made in Singapore, would have infringed the design; |
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“infringing device” means a device for projecting a non-physical product, being a non-physical product in respect of which a design is registered and to which the design or a design not substantially different from that design, has been applied, where —| (a) | the device is made in Singapore without the consent of the registered owner and in a way that infringes the design; or | | (b) | the device is made in another country or territory without the consent of the registered owner and in a way that, had it been made in Singapore, would have infringed the design; |
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| “infringing goods” means an infringing article or infringing device; |
| “owner”, in relation to the registered design, means the registered owner of the registered design and includes an exclusive licensee of the registered design; |
| “requestor” means a person who gives a written notice under section 68D(1) to the Director-General; |
“retention period”, in relation to seized goods, means —| (a) | the period specified in a notice given under section 68G(2) in respect of those goods; or | | (b) | if that period has been extended under section 68G(6), that period as so extended; |
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| “seized goods” means goods seized under section 68D(4); |
“senior authorised officer” means —| (a) | a senior officer of customs as defined in section 3(1) of the Customs Act 1960*; or | | (b) | any officer or class or description of officers appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on a senior authorised officer by this Part; |
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| “vehicle” and “vessel” have the respective meanings given by section 2(1) of the Regulation of Imports and Exports Act 1995*. [*Updated to be consistent with the 2020 Revised Edition] [Act 34 of 2018 wef 21/11/2022] |
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| Delegation of Director-General’s powers |
| 68B. The Director-General may delegate to a senior officer of customs (within the meaning of section 3(1) of the Customs Act 1960*) any of the powers of the Director-General under this Part (except the power of delegation conferred by this section), subject to such conditions or restrictions as the Director-General may determine. [*Updated to be consistent with the 2020 Revised Edition] [Act 34 of 2018 wef 21/11/2022] |
68C.—(1) The Minister charged with the responsibility for customs duties may make rules to prescribe the fees payable to the Director-General in connection with the administration of this Part.(2) Without limiting subsection (1), rules may be made to prescribe the fees for the following purposes:| (a) | for the escort of a conveyance conveying seized goods; | | (b) | for the attendance of an authorised officer or a senior authorised officer in connection with the inspection or destruction of seized goods; | | (c) | for the attendance of an authorised officer or a senior authorised officer in connection with any other act or service under this Part. [Act 34 of 2018 wef 21/11/2022] |
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| Division 2 — Seizure of goods on request |
| Request for seizure of infringing goods |
68D.—(1) The owner of a registered design may give the Director-General a written notice —| (a) | stating that the owner is —| (i) | the registered owner of the registered design; or | | (ii) | the exclusive licensee of the registered design; |
| | (b) | stating that goods that are infringing goods in relation to the registered design are expected to be imported or exported; | | (c) | providing sufficient information —| (i) | to identify the goods; | | (ii) | to enable the Director-General to ascertain when and where the goods are expected to be imported or exported, as the case may be; and | | (iii) | to satisfy the Director-General that the goods are infringing goods in relation to the registered design; and |
| | (d) | requesting the Director-General to seize the goods. |
(2) A notice under subsection (1) must be —| (a) | in the form determined by the Director-General, and supported by such documents and information as the Director-General may require; and | | (b) | accompanied by the fee prescribed under section 68C. |
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| (3) A notice under subsection (1) remains in force until the 59th day after the day on which the notice was given, unless it is revoked, before the end of that period, by a written notice given to the Director-General by the requestor. |
(4) If —| (a) | a notice has been given under subsection (1) in respect of a registered design; | | (b) | the notice has not lapsed or been revoked; and | | (c) | a person imports or proposes to export goods, not being goods in transit, that, in the opinion of an authorised officer, are infringing goods in relation to the registered design in question, |
| an authorised officer may seize the goods. |
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(5) The Minister may make rules that are necessary or convenient to be prescribed for carrying out or giving effect to this Division, and in particular to provide —| (a) | for the times at which, and the manner in which, notices are to be given; | | (b) | for the giving of information and evidence to the Director-General; and | | (c) | that an authorised officer may refuse to seize any goods because of non-compliance with any direction of the Director-General or any such rule. [Act 34 of 2018 wef 21/11/2022] |
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| Security for liability or expense of seizure, storage and disposal |
68E. An authorised officer may refuse to seize goods under section 68D unless the requestor —| (a) | deposits with the Director-General a sum of money that, in the opinion of the Director-General, is sufficient; or | | (b) | gives security, to the satisfaction of the Director-General, |
| for the reimbursement to the Government of any liability or reasonable expense it is likely to incur in relation to the seizure, storage and disposal of the goods, and for the payment of such compensation as may be ordered by the Court under section 68M(2) or 68N(6). |
[Act 34 of 2018 wef 21/11/2022] |
| Secure storage of seized goods |
| 68F. At the Director-General’s direction, seized goods must be taken to a secure place the Director-General directs, either by the person in possession, custody or control of those goods immediately before the seizure or the requestor, whoever the Director-General considers appropriate. [Act 34 of 2018 wef 21/11/2022] |
68G.—(1) As soon as is practicable after goods are seized under section 68D, the Director-General must give to the importer or exporter (as the case may be), and the requestor, personally, by post or (with the prior consent of the addressee) by email, a written notice identifying the goods and stating that they have been seized.(2) A notice under subsection (1) must state that the goods will be released to the importer or exporter (as the case may be) unless —| (a) | an infringement action in respect of the goods is instituted by the requestor within a specified period after the day specified in the notice; and | | (b) | the requestor gives written notice to the Director-General within that period stating that the infringement action has been instituted. |
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| (3) The period to be specified for the purposes of subsection (2)(a) is the period prescribed for the purposes of that provision. |
| (4) The day specified for the purposes of subsection (2)(a) must not be earlier than the day on which the notice is given. |
| (5) The requestor may, by written notice given to the Director-General before the end of the period specified in a notice for the purposes of subsection (2)(a) (called in this section the initial period), request that the period be extended. |
(6) Subject to subsection (7), if —| (a) | a request is made in accordance with subsection (5); and | | (b) | the Director-General is satisfied that it is reasonable that the request be granted, |
| the Director-General may extend the initial period by such period as is prescribed. |
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| (7) A decision on a request made in accordance with subsection (5) must be made within 2 working days after the request is made, but such a decision cannot be made after the end of the initial period to which the request relates. [Act 34 of 2018 wef 21/11/2022] |
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| Persons bound to give information or produce documents |
68H.—(1) At any time after goods have been seized under section 68D, an authorised officer or a senior authorised officer who has reasonable cause to believe that a person has any information or document that the officer considers is relevant for any of the purposes in subsection (2), may require that person to provide to the officer that information or document at a time and place specified by the officer.(2) The purposes mentioned in subsection (1) are —| (a) | to enable the Director-General to satisfy a request under section 68I (whether or not such a request has actually been received); | | (b) | to enable any action to be taken under this Division in relation to future shipments of goods; and | | (c) | for a statistical or research purpose. |
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(3) A person who —| (a) | without reasonable excuse, fails to comply with a requirement under subsection (1); or | | (b) | in purported compliance with such requirement, knowingly or recklessly provides any information or document that is false or misleading in a material particular, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both. |
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| (4) A person is not excused from providing any information or document in compliance with a requirement under subsection (1) on the ground that it might tend to incriminate the person. |
| (5) Where the person claims, before providing any information or document pursuant to a requirement under subsection (1), that it might tend to incriminate the person, then the information or document is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under subsection (3). |
| (6) No information or document that is provided pursuant to a requirement under subsection (1) may be published, or communicated or disclosed to any person, except where and to the extent it is necessary for a purpose in subsection (2). |
| (7) A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 34 of 2018 wef 21/11/2022] |
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| Information on import or export |
68I.—(1) After goods have been seized under section 68D, the Director-General may, upon the request of the requestor, and if the Director-General is satisfied that the information is necessary to enable the requestor to institute an infringement action, give the requestor the name and contact details of any person connected with the import or proposed export (as the case may be) of the seized goods.| (2) Subsection (1) applies despite any duty of confidentiality imposed by the common law on the Director-General or a person to whom the Director-General has delegated the power under that subsection. [Act 34 of 2018 wef 21/11/2022] |
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| Inspection of seized goods |
68J.—(1) The Director-General may permit the requestor, or the importer or exporter (as the case may be), to inspect the seized goods.| (2) If the requestor gives the Director-General the requisite undertakings, the Director-General may permit the requestor to remove a sample of the seized goods from the custody of the Director-General for inspection by the requestor. |
| (3) If the importer or exporter (as the case may be) gives the Director-General the requisite undertakings, the Director-General may permit the importer or exporter to remove a sample of the seized goods from the custody of the Director-General for inspection by the importer or exporter. |
(4) The requisite undertakings are undertakings in writing that the person giving the undertaking will —| (a) | return the sample to the Director-General at a specified time that is satisfactory to the Director-General; and | | (b) | take reasonable care to prevent damage to the sample. |
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(5) If the Director-General permits inspection of the seized goods, or the removal of a sample, by the requestor in accordance with this section, the Director-General is not liable to the importer or exporter (as the case may be) for any loss or damage suffered by the importer or exporter (as the case may be) arising out of —| (a) | damage to any of the seized goods incurred during that inspection; or | | (b) | anything done by the requestor or any other person to, or in relation to, the sample removed from the custody of the Director-General or any use made by the requestor of such a sample. [Act 34 of 2018 wef 21/11/2022] |
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| Forfeiture of seized goods by consent |
68K.—(1) Subject to subsection (2), the importer or exporter (as the case may be) may, by written notice and the giving of the prescribed written undertakings to the Director-General, consent to the seized goods being forfeited to the Government.| (2) The notice in subsection (1) must be given before any infringement action in relation to the seized goods is instituted. |
(3) If the importer or exporter (as the case may be) satisfies the requirements of subsection (1), the seized goods are forfeited to the Government and must be disposed of —| (a) | in the manner prescribed by rules made under this Act; or | | (b) | if no manner of disposal is so prescribed, as the Director-General directs. [Act 34 of 2018 wef 21/11/2022] |
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| Compulsory release of seized goods to importer or exporter |
68L.—(1) The Director-General must release the seized goods (not being goods forfeited to the Government under section 68K) to the importer or exporter (as the case may be) as soon as possible after the date of expiry of the retention period for the goods if the requestor has not, before that date —| (a) | instituted an infringement action in relation to the goods; and | | (b) | given written notice to the Director-General stating that the infringement action has been instituted. |
(2) If —| (a) | an infringement action has been instituted in relation to the seized goods; and | | (b) | on the 22nd day after the day on which the action was instituted, there is not in force an order of the Court in which the action was instituted preventing the release of the goods, |
| the Director-General must release the goods to the importer or exporter (as the case may be) as soon as possible after the firstmentioned day. |
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| (3) If the requestor gives written notice to the Director-General stating that the requestor consents to the release of the seized goods, the Director-General must release the goods to the importer or exporter (as the case may be) as soon as possible. |
| (4) This section has effect subject to section 68O. [Act 34 of 2018 wef 21/11/2022] |
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| Compensation for failure to take action |
68M.—(1) Where goods have been seized pursuant to a notice given under section 68D(1) and the requestor concerned fails to take infringement action within the retention period for the goods, a person aggrieved by such seizure may apply to the Court for an order of compensation against the requestor.| (2) Where the Court is satisfied that the plaintiff to an action under this section had suffered loss or damage as a result of the seizure of the goods, the Court may order the requestor to pay compensation in such amount as the Court thinks fit to the plaintiff. [Act 34 of 2018 wef 21/11/2022] |
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68N.—(1) The Court in which an infringement action is pending may, on the application of a person having a sufficient interest in the subject matter of the action, allow the person to be joined as a defendant to the action.| (2) An authorised officer is entitled to be heard on the hearing of an infringement action. |
(3) In addition to any relief that may be granted apart from this section, the Court may —| (a) | at any time, order that the seized goods be released to the importer or exporter (as the case may be) subject to such conditions, if any, as the Court thinks fit; | | (b) | order that the seized goods not be released to the importer or exporter (as the case may be) before the end of a specified period; or | | (c) | order that the seized goods be forfeited to the Government. |
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| (4) The Court may not make an order under subsection (3)(a) if it is satisfied that the Government or any statutory authority is required or permitted under any other law to retain control of the seized goods. |
| (5) The Director-General must comply with an order made under subsection (3). |
(6) If —| (a) | the infringement action is dismissed or discontinued, or the Court decides that the relevant registered design was not infringed; and | | (b) | a defendant to the infringement action satisfies the Court that the defendant has suffered loss or damage as a result of the seizure of the goods, |
| the Court may order the requestor to pay compensation in such amount as the Court thinks fit to that defendant. |
[Act 34 of 2018 wef 21/11/2022] |
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| Retention of control of seized goods |
| 68O. Despite section 68L, in a case in which no order has been made under section 68N(3) in relation to the seized goods, the Director-General is not obliged to release or dispose of the goods if the Government is required or permitted, under any other law, to retain control of the goods. [Act 34 of 2018 wef 21/11/2022] |
68P.—(1) If the Court orders that seized goods are to be forfeited to the Government, the goods must be disposed of —| (a) | in the manner prescribed by rules made under this Act; or | | (b) | if no manner of disposal is so prescribed, as the Director-General directs. |
(2) If —| (a) | the Director-General gives to the importer or exporter a written notice of the release of seized goods; and | | (b) | the importer or exporter fails to take custody of the seized goods within the period specified in the notice, |
| the Director-General may dispose of the goods — |
| (i) | in the manner prescribed by rules made under this Act; or | | (ii) | if no manner of disposal is so prescribed, as the Director-General directs. [Act 34 of 2018 wef 21/11/2022] |
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68Q.—(1) If the reasonable expenses incurred by the Director-General in relation to any action taken by the Director-General under this Division, or taken in accordance with an order of the Court under this Division exceed the amount deposited, or the amount of the security given, under section 68E, the amount of the excess is a debt due to the Government.| (2) The debt created by subsection (1) is due by the requestor, or, if there are 2 or more requestors, by the requestors jointly and severally. [Act 34 of 2018 wef 21/11/2022] |
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| Division 3 — Powers of inspection |
| Powers of inspection in relation to vehicles |
68R.—(1) A senior authorised officer, or an authorised officer acting in accordance with the general or special directions of a senior authorised officer, may board any vehicle in Singapore and may inspect all parts of the vehicle for goods liable to be seized under section 68D.(2) For the more effective exercise of the powers conferred by this section, a senior authorised officer or an authorised officer may require the person in charge of a vehicle —| (a) | to stop and not to proceed until so authorised; or | | (b) | to bring the vehicle to any examination station. |
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| (3) It is presumed in any proceedings arising out of anything done under this section, unless the contrary is proved, that any authorised officer, not being a senior authorised officer, by whom the thing was done was acting in accordance with the general or special direction of a senior authorised officer. |
| (4) Any person who contravenes this section or who fails to comply with any lawful requisition or direction given or made under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 34 of 2018 wef 21/11/2022] |
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| Examination of packages, etc. |
68S.—(1) Any goods, package, box, chest or other article which is being or has recently been imported, or is being exported, and in regard to which a reasonable suspicion exists that it is or that it contains goods liable to be seized under section 68D may be —| (a) | examined and inspected by an authorised officer or detained until any person in charge of it has opened it for examination and inspection; | | (b) | subjected to such infringement verification, or tests or analysis as the authorised officer thinks fit; or | | (c) | marked, locked, sealed or otherwise secured by an authorised officer pending examination and inspection. |
| (2) An authorised officer may require the person in charge of any package, box, chest or other article mentioned in subsection (1) to open the package, box, chest or article (as the case may be) for examination and inspection. |
| (3) If the person in charge of the package, box, chest or other article mentioned in subsection (1) refuses, or fails after being given reasonable time and opportunity, to comply with the requirement under subsection (2), a senior authorised officer, or an authorised officer acting in accordance with an order of a senior authorised officer, may forcibly open the package, box, chest or article to facilitate the examination and inspection of it. |
| (4) Any person, other than an authorised officer, who removes, opens, breaks or tampers with any mark, lock, seal or other means of securing any goods, package, box, chest or other article mentioned in subsection (1)(c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (5) In this section, “infringement verification” means any process (whether involving the owner of the registered design concerned or not) to determine if any article is or contains goods liable to be seized under section 68D(4). [Act 34 of 2018 wef 21/11/2022] |
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| Power to remove packages and goods to examination station |
68T.—(1) For the more convenient exercise of the powers conferred by section 68S, an authorised officer may remove any package, box, chest or other article or any goods to an examination station or may require it to be so removed by the owner of it or the owner’s agent or any person having the custody, charge or control of it.| (2) A person who fails to comply with such requirement shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000. |
| (3) Upon the failure by a person to comply with such requirement, an authorised officer may remove the package, box, chest, article or goods in the manner provided by subsection (1), and all the expenses of such removal (as certified by a senior authorised officer) are recoverable as a fine from that person or from the owner of the package, box, chest, article or goods. [Act 34 of 2018 wef 21/11/2022] |
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| Inspection of baggage and belongings on person |
68U.—(1) Any person landing or being about to land or having recently landed from any vessel or aircraft, or leaving any vessel or aircraft in Singapore whether for the purpose of landing or otherwise, or entering or having recently entered Singapore by land, sea or air, must —| (a) | on demand by an authorised officer, either permit the person’s goods and baggage to be inspected by the officer for any goods liable to be seized under section 68D or, together with the goods and baggage, accompany the officer to an examination station, and there permit those goods and baggage to be inspected in the presence and under the supervision of a senior authorised officer for any goods liable to be seized under section 68D; | | (b) | on demand by a senior authorised officer, permit the person’s goods and baggage to be inspected by the officer, or in the presence and under the supervision of the officer, for any goods liable to be seized under section 68D; or | | (c) | on demand by a senior authorised officer, remove belongings kept in or under the clothing of the person, for inspection for any goods liable to be seized under section 68D. |
| (2) The goods and baggage of any person who requests to be present when they are inspected must not be inspected except in the person’s presence, unless the person fails to be present after being given reasonable facility for being present. |
| (3) Any person who refuses or fails, without reasonable excuse, to comply with any lawful demand made under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 3 months or to both. [Act 34 of 2018 wef 21/11/2022] |
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| Powers of authorised officers to enter certain premises |
68V.—(1) For the purpose of exercising the powers conferred by sections 68R to 68U, an authorised officer may, without warrant, enter upon —| (a) | any islet, landing place, wharf, dock, railway or quay; | | (b) | any premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act 1996*; or | | (c) | any premises of any airport operated under a licence or exemption under the Civil Aviation Authority of Singapore Act 2009*. [*Updated to be consistent with the 2020 Revised Edition] |
| (2) In this section, “railway” has the meaning given by the Railways Act 1905*. [*Updated to be consistent with the 2020 Revised Edition] [Act 34 of 2018 wef 21/11/2022] |
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| Division 4 — Miscellaneous provisions |
68W. Any person who —| (a) | refuses any authorised officer or senior authorised officer access to any vehicle or place which the officer is entitled to under this Part; or | | (b) | obstructs or hinders any authorised officer or senior authorised officer in the execution of any power conferred on that officer by this Part, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both. |
[Act 34 of 2018 wef 21/11/2022] |
| Protection from personal liability |
68X. No liability shall lie personally against the Director-General, an authorised officer, a senior authorised officer, or any person acting under the direction of the Director-General for anything done or omitted to be done with reasonable care and in good faith in the course of or in connection with —| (a) | the exercise or purported exercise of any power under this Part; | | (b) | the performance or purported performance of any function or the discharge or purported discharge of any duty under this Part; or | | (c) | the compliance or purported compliance with this Part. [Act 34 of 2018 wef 21/11/2022] |
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