Mutual Assistance in Criminal Matters (International Criminal Tribunals) Regulations 2001

No. S 368

Mutual Assistance in Criminal Matters Act 2000

(Act 12 of 2000)

Mutual Assistance in Criminal Matters (International Criminal Tribunals) Regulations 2001

In exercise of the powers conferred by section 44A of the Mutual Assistance in Criminal Matters Act 2000, the Minister for Law hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Mutual Assistance in Criminal Matters (International Criminal Tribunals) Regulations 2001 and shall come into operation on 1st August 2001.

Definitions

2. In these Regulations, unless the context otherwise requires —

“Former Yugoslavia Tribunal” —

(a)	means the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, established by Resolution 827 (1993) of the Security Council of the United Nations; and
(b)	includes any of the organs referred to in Article 11 of the Statute of the Tribunal;

“Rwanda Tribunal” —

(a)

means the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1st January 1994 and 31st December 1994, established by Resolution 955 (1994) of the Security Council of the United Nations; and

(b)

includes any of the organs referred to in Article 10 of the Statute of the Tribunal;

“Statute of the Tribunal” means —

(a)	in the case of the Former Yugoslavia Tribunal, the Statute of the Tribunal adopted by Resolution 827 (1993) of the Security Council of the United Nations; and
(b)	in the case of the Rwanda Tribunal, the Statute of the Tribunal adopted by Resolution 955 (1994) of the Security Council of the United Nations;

“Tribunal” means —

(a)	the Former Yugoslavia Tribunal; or
(b)	the Rwanda Tribunal;

“Tribunal ancillary criminal matter” means —

(a)	the forfeiture or confiscation of property in respect of a Tribunal offence; or
(b)	the obtaining, enforcement or satisfaction of a Tribunal confiscation order;

“Tribunal confiscation order” means —

(a)	an order made by a Tribunal, under the Statute of the Tribunal or under rules adopted under the Statute of the Tribunal, for the forfeiture or confiscation of property in respect of a Tribunal offence; or
(b)	a declaration made by a Tribunal, under the Statute of the Tribunal or under rules adopted under the Statute of the Tribunal, evidencing the forfeiture or confiscation of property under that Statute or those rules;

“Tribunal immunity certificate” means a certificate or declaration that —

(a)

is given or made by the Tribunal under the Statute of the Tribunal or under rules adopted under the Statute of the Tribunal; and

(b)

specifies or declares that, under the Statute of the Tribunal or under rules adopted under the Statute of the Tribunal, persons generally or a specified person could or could not —

(i)	either generally or in specified proceedings; and
(ii)	either generally or in specified circumstances,

be required to answer a specified question or to produce a specified document;

“Tribunal investigation” means an investigation —

(a)	into a Tribunal offence; or
(b)	for the purposes of a Tribunal ancillary criminal matter;

“Tribunal offence” means —

(a)	an offence for which the Former Yugoslavia Tribunal has the power to prosecute persons under Article 2, 3, 4 or 5 of the Statute of the Tribunal adopted by Resolution 827 (1993) of the Security Council of the United Nations; or
(b)	an offence for which the Rwanda Tribunal has the power to prosecute persons under Article 2, 3 or 4 of the Statute of the Tribunal adopted by Resolution 955 (1994) of the Security Council of the United Nations;

“Tribunal proceedings” means a trial of a person before a Tribunal for a Tribunal offence.

Requests for assistance by Tribunal

3. Sections 18, 19, 21 to 26 and 29 to 40 of the Act and the First Schedule (except Part III) to the Act shall apply to a request by the Tribunal to Singapore for assistance in the same manner as they apply to a request by a foreign country or prescribed foreign country to Singapore for assistance, with the following modifications:

(a)

a reference in those provisions to —

(i)	a foreign country;
(ii)	a prescribed foreign country;
(iii)	a court of a foreign country or a prescribed foreign country; or
(iv)	the appropriate authority of a foreign country or prescribed foreign country,

shall be read as a reference to the Tribunal;

(b)

a reference in those provisions to a criminal matter, or a criminal matter in a foreign country, shall be read as a reference to —

(i)	a Tribunal investigation;
(ii)	Tribunal proceedings; or
(iii)	a Tribunal ancillary criminal matter;

(c)

a reference in those provisions to an ancillary criminal matter shall be read as a reference to a Tribunal ancillary criminal matter;

(d)

a reference in those provisions to a criminal investigation shall be read as a reference to a Tribunal investigation;

(e)

a reference in those provisions to criminal proceedings shall be read as a reference to Tribunal proceedings;

(f)

a reference in those provisions to a foreign offence shall be read as a reference to a Tribunal offence;

(g)

a reference in those provisions to a foreign confiscation order shall be read as a reference to a Tribunal confiscation order;

(h)

a reference in those provisions to a foreign law immunity certificate shall be read as a reference to a Tribunal immunity certificate;

(i)

a reference in those provisions to arranging the attendance of a person in a foreign country shall be read as a reference to arranging the attendance of that person in proceedings before the Tribunal;

(j)

a reference in those provisions to proceedings instituted in a foreign country shall be read as a reference to proceedings instituted by the Tribunal;

(k)

a reference in those provisions to a summons to appear as a witness in a foreign country shall be read as a reference to a summons to appear as a witness before the Tribunal;

(l)

the reference in section 26(2)(e) of the Act to undertakings in respect of the matters referred to in section 26(3) of the Act shall be read as a reference to undertakings in respect of the following matters:

(i)	that the person giving evidence before or providing assistance to the Tribunal shall not be detained, prosecuted or punished by the Tribunal for any act done before his departure from Singapore;
(ii)	that the person will be returned to Singapore in accordance with arrangements agreed to by the Attorney-General; and
(iii)	such other matters as the Attorney-General thinks appropriate;

(m)

paragraphs (c), (d) and (e) of section 32(1) of the Act shall be substituted with the following paragraphs:

“(c)

all or a certain amount of the sum payable under a Tribunal confiscation order remains unpaid or that other property recoverable under a Tribunal confiscation order remains unrecovered;

(d)

a person has been notified by the Tribunal of any proceedings of the Tribunal; or

(e)

an order made by the Tribunal has the purpose of forfeiting or confiscating —

(i)	payments or other rewards received in connection with a Tribunal offence, or the value of the payments or rewards; or
(ii)	property derived or realised, directly or indirectly, from payments or other rewards received in connection with such an offence or the value of such property,”.

Procedure upon receipt of request and grounds for refusal of request

4.—(1) Upon receipt of a request for assistance from the Tribunal, the Attorney-General shall cause a notice to be given to the Minister of the request.

(2) The notice under paragraph (1) shall —

(a)

be given as soon as reasonably practicable after receipt of the request and before the request is processed; and

(b)

be accompanied by —

(i)	a copy of the request;
(ii)	copies of all relevant documents;
(iii)	a summary of the material facts supporting the request; and
(iv)	such other matters and information as the Minister may require.

(3) A request by the Tribunal for assistance shall be refused if, after receipt of a notice under this regulation, the Minister informs the Attorney-General that complying with the request would prejudice the sovereignty, security, public order or national interest of Singapore or that there are special circumstances justifying non-compliance.

(4) Where a request from the Tribunal has been complied with, the Attorney-General shall, if the Minister so requires, provide the Minister with particulars of any evidence, documents or other assistance provided pursuant to the request.

Made this 30th day of July 2001.

LIEW HENG SAN

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 06/003/4.1; AG/LEG/SL/90A/2000/1 Vol. 1]

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