Regulation of Imports and Exports (Amendment No. 5) Regulations 2003

No. S 633

Regulation of Imports and Exports Act

(Chapter 272A)

Regulation of Imports and Exports (Amendment No. 5) Regulations 2003

In exercise of the powers conferred by section 3 of the Regulation of Imports and Exports Act, the Minister for Trade and Industry hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Regulation of Imports and Exports (Amendment No. 5) Regulations 2003 and shall come into operation on 1st January 2004.

Amendment of regulation 4

2. Regulation 4 of the Regulation of Imports and Exports Regulations (Rg 1) (referred to in these Regulations as the principal Regulations) is amended —

(a)

by inserting, immediately after paragraph (3), the following paragraphs:

“(3A) The Director-General may, in any case in which he thinks fit, grant or refuse to grant any permit to import, export or tranship any goods under paragraph (1).

(3B) For the purpose of paragraph (3A), where an exporter has contravened any provision of the Act or these Regulations or any condition imposed under the Act or these Regulations, whether as an exporter or otherwise, the Director-General may refuse to grant any permit for the export of such goods by the exporter for such period of time following the contravention as the Director-General thinks fit.”; and

(b)

by inserting, immediately after paragraph (4), the following paragraph:

“(5) Any person who breaches a condition imposed by the Director-General under paragraph (4) shall be guilty of an offence.”.

Amendment of regulation 6

3. Regulation 6 of the principal Regulations is amended —

(a)

by inserting, immediately after paragraph (2), the following paragraph:

“(2A) Notwithstanding regulation 3, where a preferential tariff arrangement or agreement exists between Singapore and a foreign country specified in the first column of the Sixth Schedule, there shall be no exportation from Singapore to such foreign country of any goods specified in the second column of that Schedule unless the conditions specified in the third column thereof are satisfied.”; and

(b)

by inserting, immediately after paragraph (3), the following paragraph:

“(4) In this regulation, “foreign country” means a country or territory outside Singapore.”.

Amendment of regulation 22

4. Regulation 22 of the principal Regulations is amended by inserting, immediately after paragraph (3), the following paragraph:

“(3A) Any person who breaches a condition imposed by the Director-General under paragraph (3) shall be guilty of an offence.”.

Amendment of regulation 24

5. Regulation 24 of the principal Regulations is amended by inserting, immediately after paragraph (6), the following paragraphs:

“(7) Any person to whom a certificate of origin has been issued under this regulation shall maintain records of all documents which verify the certificate of origin for such period of time as may be required by the Director-General.

(8) The Director-General may require any person referred to in paragraph (7) to furnish to him any document referred to in that paragraph at such time and in such manner as the Director-General may require.

(9) Any person who breaches a condition imposed by the issuing authority under paragraph (5) or who fails to comply with paragraph (7) or a requirement of the Director-General made under paragraph (8) shall be guilty of an offence.”.

Amendment of regulation 24B

6. Regulation 24B of the principal Regulations is amended by deleting paragraph (3) and substituting the following paragraphs:

“(3) The Director-General may require any manufacturer or exporter to furnish to him any document referred to in paragraph (2) at such time and in such manner as the Director-General may require.

(4) Any person who fails to comply with paragraph (2) or a requirement of the Director-General made under paragraph (3) shall be guilty of an offence.”.

Deletion and substitution of regulation 37

7. Regulation 37 of the principal Regulations is deleted and the following regulation substituted therefor:

“Register of importers, exporters, common carriers, etc.

37.—(1) The Director-General may maintain a register in such form as he may determine containing the particulars of —

(a)	importers;
(b)	exporters;
(c)	common carriers;
(d)	any person required to be registered under these Regulations; and
(e)	any person who desires to apply for a permit or certificate or any other document or form of approval under these Regulations.

(2) Any person applying for registration under this regulation shall provide the Director-General with all information and assistance that the Director-General may require.

(3) Where the Director-General is satisfied that the person is a fit and proper person to be registered under this regulation, the Director-General shall cause the particulars of that person to be entered in the register.

(4) The registration of a person under paragraph (3) shall be valid for such period as the Director-General may determine.

(5) For the purpose of paragraph (4), the Director-General may determine different periods of registration for different persons or classes of persons.

(6) The registration of a person under this regulation shall be subject to such conditions as the Director-General may impose, including any condition requiring the person so registered —

(a)	to allow any authorised officer to inspect any premises of that person at which he carries on any activity to which his registration relates; and
(b)	to maintain records of such documents in connection with the activity to which his registration relates for such period of time as the Director-General may require.

(7) The Director-General may at any time vary or add to the conditions imposed under paragraph (6).

(8) Any person who breaches a condition imposed by the Director-General under this regulation shall be guilty of an offence.

(9) The Director-General may suspend or remove from the register the name of any person who has contravened any provision of the Act or any regulations made thereunder or who has breached any condition imposed under this regulation.

(10) This regulation shall apply, with the necessary modifications, to a renewal of a registration.”.

New regulation 45A

8. The principal Regulations are amended by inserting, immediately after regulation 45, the following regulation:

“Appeals to Minister

45A. Any person aggrieved by a decision of the Director-General made under these Regulations may, within 14 days from the date of receipt of the decision of the Director-General, appeal to the Minister in writing.”.

New Sixth Schedule

9. The principal Regulations are amended by inserting, immediately after the Fifth Schedule, the following Schedule:

“SIXTH SCHEDULE

Regulation 6(2A)

Conditions for Export of Certain Goods under Preferential Tariff Arrangements or Agreements

First column

Second column

Third column

Foreign country

Goods

Conditions

United States of America

Textiles, being the textile and clothing products specified in the Annex to the World Trade Organisation Agreement on Textiles and Clothing (whether or not such agreement has lapsed)

Where any part of the manufacture of the goods is carried out or procured by any person in Singapore, such person is registered under regulation 37.”.

[G.N. Nos. S 591/99; S27/2000; S 607/2000; S 197/2001; S 79/2003; S 170/2003; S 319/2003; S 502/2003]

Made this 22nd day of December 2003.

HENG SWEE KEAT

Permanent Secretary,
Ministry of Trade and Industry,
Singapore.

[MTI 35/4-2-5 PT F; AG/LEG/SL/272A/2002/1 Vol. 1]

(To be presented to Parliament under section 3(4) of the Regulation of Imports and Exports Act).

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