Terrorism (Suppression of Financing) Act 2002

Terrorism (Suppression of
Financing) Act 2002

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to suppress the financing of terrorism, to give effect to the International Convention for the Suppression of the Financing of Terrorism and for matters connected therewith.

[30 September 2002: Section 39 ;

29 January 2003: Sections 2 to 38 ]

PART 1

PRELIMINARY

Short title

1. This Act is the Terrorism (Suppression of Financing) Act 2002.

Interpretation

2.—(1) In this Act, unless the context otherwise requires —

“entity” means a person, group, trust, partnership or fund or an unincorporated association or organisation;

“police officer” includes a Commercial Affairs Officer mentioned in section 64 of the Police Force Act 2004;

“property” means —

(a)	assets of every kind, whether tangible or intangible, movable or immovable, however acquired; and
(b)	legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit;

“terrorism financing offence” means —

(a)	any offence under section 3, 4, 5 or 6;
(b)	conspiracy to commit any of those offences;
(c)	inciting another to commit any of those offences;
(d)	attempting to commit any of those offences; or
(e)	aiding, abetting, counselling or procuring the commission of any of those offences;

“terrorist” means any person who —

(a)	commits, or attempts to commit, any terrorist act; or
(b)	participates in or facilitates the commission of any terrorist act,

and includes any person set out in the First Schedule;

“terrorist entity” means any entity owned or controlled by any terrorist or group of terrorists and includes an association of such entities, and any entity set out in the First Schedule.

[17/2013; 4/2014]

(2) Subject to subsection (3), for the purposes of this Act, “terrorist act” means the use or threat of action —

(a)

where the action —

(i)

involves serious violence against a person;

(ii)

involves serious damage to property;

(iii)

endangers a person’s life;

(iv)

creates a serious risk to the health or the safety of the public or a section of the public;

(v)

involves the use of firearms or explosives;

(vi)

involves releasing into the environment or any part thereof, or distributing or otherwise exposing the public or any part thereof to —

(A)	any dangerous, hazardous, radioactive or harmful substance;
(B)	any toxic chemical; or
(C)	any microbial or other biological agent, or toxin;

(vii)

disrupts, or seriously interferes with, any public computer system or the provision of any service directly related to communications infrastructure, banking and financial services, public utilities, public transportation or public key infrastructure;

(viii)

disrupts, or seriously interferes with, the provision of essential emergency services such as the police, civil defence and medical services; or

(ix)

involves prejudice to public security or national defence; and

(b)

where the use or threat is intended or reasonably regarded as intending to —

(i)	influence or compel the Government, any other government, or any international organisation to do or refrain from doing any act; or
(ii)	intimidate the public or a section of the public,

and includes any action specified in the Second Schedule.

[17/2013]

(3) Despite anything in subsection (2), a terrorist act does not include the activities undertaken by military forces of a State in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.

(4) For the purposes of subsection (2) —

(a)	a reference to any person or property is a reference to any person or property wherever situated, within or outside Singapore; and
(b)	a reference to the public includes a reference to the public of a country or territory other than Singapore.

(5) In subsection (3), “military forces of a State” means the armed forces of a State which are organised, trained and equipped under its internal law for the primary purpose of national defence or security and persons acting in support of those armed forces who are under their formal command, control and responsibility.

PART 2

TERRORIST PROPERTY

Prohibition against providing or collecting property for terrorist acts

3.—(1) Every person who directly or indirectly, wilfully and without lawful excuse, provides or collects property —

(a)	with the intention that the property be used; or
(b)	knowing or having reasonable grounds to believe that the property will be used,

in whole or in part, in order to commit any terrorist act, shall be guilty of an offence.

[17/2013; 51/2018]

(2) Any person who acts reasonably in taking, or omitting to take, measures to avoid committing an offence under subsection (1) shall not be liable in any civil proceedings arising from taking or omitting to take those measures.

[51/2018]

Prohibition against provision of property and services for terrorist purposes

4.—(1) Every person who directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services —

(a)	intending that they be used, or knowing or having reasonable grounds to believe that they will be used, in whole or in part, for the purpose of facilitating or carrying out any terrorist act, or for benefiting any person who is facilitating or carrying out such an activity; or
(b)	knowing or having reasonable grounds to believe that, in whole or in part, they will be used by or will benefit any terrorist or terrorist entity,

shall be guilty of an offence.

[17/2013; 51/2018]

[51/2018]

(3) In this section, a reference to facilitating or carrying out any terrorist act includes a reference to financing the travel of an individual to any place other than the state of which the individual is a citizen or in which the individual resides, in order for the individual to provide or receive any training in facilitating or carrying out any terrorist act.

[51/2018]

Prohibition against use or possession of property for terrorist purposes

5.—(1) Every person who —

(a)	uses property, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out any terrorist act; or
(b)	possesses property intending that it be used or knowing or having reasonable grounds to believe that it will be used, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist act,

shall be guilty of an offence.

[17/2013; 51/2018]

[51/2018]

Prohibition against dealing with property of terrorists

6.—(1) No person in Singapore and no citizen of Singapore outside Singapore may —

(a)	deal, directly or indirectly, in any property that the person knows or has reasonable grounds to believe is owned or controlled by or on behalf of any terrorist or terrorist entity, including funds derived or generated from property owned or controlled, directly or indirectly, by any terrorist or terrorist entity;
(b)	enter into or facilitate, directly or indirectly, any financial transaction related to a dealing in property mentioned in paragraph (a); or
(c)	provide any financial services or any other related services in respect of any property mentioned in paragraph (a) to, or for the benefit of, or on the direction or order of, any terrorist or terrorist entity.

(2) Any person who contravenes subsection (1) shall be guilty of an offence.

[17/2013]

(3) Any person who acts reasonably in taking, or omitting to take, measures to comply with subsection (1) shall not be liable in any civil proceedings arising from having taken or omitted to take the measures, if the person took all reasonable steps to satisfy himself, herself or itself that the relevant property was owned or controlled by or on behalf of any terrorist or terrorist entity.

Penalty

6A. Any person who is guilty of an offence under section 3, 4, 5 or 6 shall be liable on conviction —

(a)

in the case of an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 10 years or to both; or

(b)

in any other case, to a fine not exceeding the higher of —

(i)	$1 million; or
(ii)	twice the value of the property (including funds derived or generated from the property), financial services or other related services, or financial transaction (as the case may be) in respect of which the offence was committed. [17/2013; 51/2018]

Abetment, etc., of offence under section 3, 4, 5 or 6

6B. A person who commits an act or omission that would constitute an abetment of, or a conspiracy or an attempt to commit, an offence under section 3, 4, 5 or 6 shall be guilty of an offence and shall be liable on conviction to the same punishment as for the offence under section 3, 4, 5 or 6, as the case may be.

[51/2018]

Exemption

7.—(1) Subject to subsection (2), the Minister may, by order in the Gazette, exempt any person in Singapore, or any citizen of Singapore outside Singapore, from section 4(1)(b) or 6 or both, in respect of any specified activity or transaction or a class of specified activities or transactions carried out by the person or citizen.

[17/2013]

[S 759/2022]

(2) An exemption under subsection (1) from section 4(1)(b) may not be made in respect of any activity or transaction involving property or services that will be used by or will benefit a terrorist entity.

[17/2013]

[S 759/2022]

(3) An exemption under subsection (1) may be subject to any terms and conditions, including a condition precedent that the person exempted must have a notice of exemption from the Minister or a public officer authorised by the Minister before the exemption takes effect.

[17/2013]

(4) If a person is exempted under an order made under subsection (1) in respect of any activity or transaction or class of activities or transactions, any other person involved in carrying out —

(a)	the activity or transaction; or
(b)	any activity or transaction in that class of activities or transactions,

to which the exemption relates is also exempt from section 4(1)(b) or 6 or both (whichever applies to the act carried out by that other person), and section 8, if the terms and conditions of the exemption (if any) are met.

[17/2013]

[S 759/2022]

Search within Legislation