“Convention” means the International Convention for the Suppression of the Financing of Terrorism adopted by the General Assembly of the United Nations on 9 December 1999;
“country” includes a State or territory, as the case may be.
Convention as basis for assistance under Mutual Assistance in Criminal Matters Act 2000
32.—(1) Where there is no treaty, memorandum of understanding or other agreement in force between Singapore and a country which is a party to the Convention relating to the provision of assistance concerning any terrorism financing offence, an order under section 17 of the Mutual Assistance in Criminal Matters Act 2000 may be made —
(a)
declaring that country as a prescribed foreign country; and
(b)
applying that Act as if there were a treaty, memorandum of understanding or other agreement under which that country has agreed to provide assistance in criminal matters to Singapore.
(2) Where the Mutual Assistance in Criminal Matters Act 2000 is applied under subsection (1), the Mutual Assistance in Criminal Matters Act 2000 is, subject to subsection (3), to have effect as if the only foreign serious offences within the meaning of that Act were terrorism financing offences.
(3) Subsection (2) does not affect any other order made under section 17 of the Mutual Assistance in Criminal Matters Act 2000.
(4) For the purposes of the Mutual Assistance in Criminal Matters Act 2000, a terrorism financing offence —
(a)
wherever committed, is deemed to be a foreign serious offence; and
(b)
is not to be deemed to be an offence of a political character.
Extradition
33.—(1) Every terrorism financing offence is deemed to be included in the list of offences in the First Schedule to the Extradition Act 1968.
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(2) Subject to subsection (3), where no extradition treaty is in force between Singapore and a Convention country, a notification in the Gazette under section 4 of the Extradition Act 1968 may be made applying that Act as if there were an extradition treaty between Singapore and that country.
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(3) Where the Extradition Act 1968 is applied under subsection (2), that Act has effect in relation to that country as if the only extradition crimes under that Act were the relevant offences of that country.
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(4) Subsection (3) does not affect any other notification made under section 4 of the Extradition Act 1968.
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(5) Where —
(a)
an extradition treaty is in force between Singapore and a Convention country; and
(b)
the treaty does not provide for the extradition of persons accused of or convicted of a relevant offence of that country,
a notification in the Gazette under section 4 of the Extradition Act 1968 may be made applying that Act in relation to that country as if the treaty provided for the matter mentioned in paragraph (b).
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(6) Where a notification mentioned in subsection (5) is made, any limitation, condition, exception or qualification specified in any other notification made under section 4 of the Extradition Act 1968, or in any Order in Council mentioned in section 3 of that Act, in relation to that country is, to the extent that it prevents the relevant offence from being considered an extradition crime in relation to that country, to be disregarded in the application of that Act in relation to that country.
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(7) For the purposes of the Extradition Act 1968 —
(a)
any act, wherever committed, which is a relevant offence of a Convention country in the case of which that Act has been applied by a notification in the Gazette made under section 4 of that Act, is deemed to be an offence within the jurisdiction of that country; and
(b)
any such offence is deemed not to be an offence of a political character.
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(8) In this section —
“Convention country” means a country which is a party to the Convention;
“relevant offence”, in relation to a Convention country, means an offence against the law of, or of part of, that country where the act or omission constituting the offence or the equivalent act or omission would, if it took place in or within the jurisdiction of Singapore —
(a)
constitute a terrorism financing offence; or
(b)
be such an offence if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence.