Published by Authority

NO. 43]Friday, December 27 [2002

The following Act was passed by Parliament on 25th November 2002 and assented to by the President on 3rd December 2002:—
Strategic Goods (Control) Act 2002

(No. 40 of 2002)

I assent.

3rd December 2002.
Date of Commencement: 1st January 2003
An Act to control the transfer and brokering of strategic goods, strategic goods technology, goods and technology capable of being used to develop, produce, operate, stockpile or acquire weapons capable of causing mass destruction, and missiles capable of delivering such weapons; and for purposes connected therewith.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act may be cited as the Strategic Goods (Control) Act 2002 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
2.—(1)  In this Act, unless the context otherwise requires —
“authorised officer” means —
(a)an officer appointed as an authorised officer under section 4; or
(b)an officer of customs within the meaning of section 3 of the Customs Act (Cap. 70);
“Board” means the International Enterprise Singapore Board established under section 3 of the International Enterprise Singapore Board Act (Cap. 330);
“bring in transit” means to bring goods from any country into Singapore by land, water or air, where the goods are to be taken out from Singapore on the same conveyance on which they are brought into Singapore without any landing in Singapore, but does not include the passage through Singapore in accordance with international law of a foreign conveyance carrying goods;
“computer” has the same meaning as in section 2(1) of the Computer Misuse Act (Cap. 50A);
“conveyance” includes any vessel, train, vehicle, aircraft or other mode of transport;
“country” includes territory;
“device” means any tangible medium in which information, visual images, sounds or other data is or are recorded, stored or embodied in any form so as to be capable (with or without the aid of other equipment) of being retrieved or produced therefrom;
“Director-General” means the Director-General of Customs and Excise appointed under section 4(1) of the Customs Act (Cap. 70);
“export” means to take out from Singapore goods by land, water or air, and includes the placing of the goods in a conveyance for the purpose of taking the goods out from Singapore; but does not include the taking out from Singapore of goods that have been brought in transit or transhipped;
“foreign country” means a country other than Singapore;
“goods” means any movable or personal property but does not include choses in action or money;
“permit” means a permit granted under section 7;
“registered” means registered under section 8;
“relevant activity” means —
(a)the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of any nuclear, chemical or biological weapon; or
(b)the development, production, maintenance or storage of missiles which are capable of delivering any such weapon;
“senior authorised officer” means —
(a)an officer appointed as a senior authorised officer under section 4; or
(b)a senior officer of customs within the meaning of section 3 of the Customs Act;
“strategic goods” means any goods specified in Part II, III or IV of the Schedule;
“strategic goods technology” means any technology specified in Part II of the Schedule;
“technology” means any technology or software as defined in Part I of the Schedule, and includes an essential part of the technology;
“through bill of lading”, “through air way bill” and “through manifest” mean a bill of lading, air way bill and manifest, respectively, for the consignment of goods from a place outside Singapore to a destination which is also outside Singapore without a consignee in Singapore;
“tranship” means to remove goods from the conveyance on which they were brought into Singapore and to place the goods on the same or another conveyance for the purpose of taking them out of Singapore, where these acts are carried out on a through bill of lading, through air way bill or through manifest;
“transmit”, in relation to any technology, means to —
(a)transmit it in Singapore by electronic means; or
(b)make it available in Singapore on a computer,
so that it becomes accessible (whether on a request, or subject to a pre-condition, or otherwise) to a person in a foreign country, whether he is a specific person, a person within a specific class, any person in general or the person who carries out the transmission.
(2)  For the purposes of the definition of the expression “bring in transit” —
(a)a conveyance is in passage through Singapore in accordance with international law if it passes through or above Singapore territorial waters or airspace without stopping or anchoring in Singapore except in a situation of distress; and
(b)a conveyance is a foreign conveyance if it is not registered in Singapore.
(3)  In this Act, a reference to a document includes, in addition to any document or record on paper, a reference to any, or part of any —
(a)document or record in an electronic form or kept on any magnetic, optical, chemical or other medium;
(c)map, plan, graph, picture or drawing; or
(4)  A reference in this Act to the value of goods or technology in respect of which an offence was committed is a reference to the value of the goods or technology at the time of the commission of the offence.
Act subject to section 4 of Arms and Explosives Act
3.  This Act is subject to section 4 of the Arms and Explosives Act (Cap. 13).
Appointment of authorised officers and senior authorised officers
4.  The Minister may appoint any public officer or officer of a statutory body as an authorised officer or a senior authorised officer for the purposes of this Act or any particular Part or provision of this Act.