Bill Passed in Parliament to Enhance Framework for International Assistance in Criminal Matters and Extradition, Effect FATF Recommendations

On 14 October 2024, the Mutual Assistance in Criminal Matters (Amendment) and Other Matters Bill (“MACMA Bill“) was introduced for First Reading in Parliament. The MACMA Bill was introduced for Second Reading in Parliament and passed on 11 November 2024.

The MACMA Bill seeks to amend the Mutual Assistance in Criminal Matters Act 2000 (“MACMA“) and other legislation, so as to enhance the legal framework for international assistance in criminal matters and extradition and give effect to certain Financial Action Task Force (FATF) recommendations. The key proposed amendments are summarised below.

Proposed amendments to MACMA

  1. Clarifications of definitions: The definition of an “instrumentality forfeiture order” will be expanded to include an order by a foreign competent authority (not just a foreign court) for the forfeiture, destruction or disposal of any drug or substance or property in respect of which a foreign offence was intended to be committed (not merely committed). As part of the amendments, a “foreign confiscation order” will mean:

(a) … an order made by a court or other competent authority of a foreign country … for the recovery, forfeiture or confiscation of –

(i) any property obtained or received in connection with an offence against the law of that country, or the value of that property; or

(ii) any property derived or realised, directly or indirectly, from any property mentioned in sub-paragraph (i), or the value of the derived or realised property; and

(b) includes an instrumentality forfeiture order…“.

  1. Statement with consent. It will be clarified that the MACMA does not prevent the provision of the following international assistance to a foreign country in relation to a person in Singapore, with the person’s consent: (i) the recording of the person’s statement by a law enforcement agency for the purposes of any criminal matter in the foreign country; and (ii) the transmission of the person’s statement to the appropriate authority of the foreign country by the Attorney-General (“AG“) or a law enforcement agency.
  1. Taking evidence/statements. It will be clarified that the AG may authorise a magistrate to take evidence in Singapore for the purposes of any criminal proceedings pending in a court in a foreign country and transmit the certified evidence. A new section will also provide that the AG may direct an authorised officer to take a statement from a person in Singapore for the purposes of any foreign criminal investigation (not just for foreign criminal proceedings) and transmit the statement.
  1. Minister’s instructions. The amendments to the MACMA clarify that the AG must comply with the Minister’s instructions in relation to a Singapore or foreign request unless prohibited by any provision of the MACMA.

Proposed amendments to other legislation

  1. Extradition request to any territory. The definition of “foreign state” in the Extradition Act 1968 will be amended to clarify that Singapore may make an extradition request to any territory.
  1. New Commissioner of Trust Enforcement’s powers. New provisions in the Trustees Act 1967 (“TA“) will provide for the appointment of the Commissioner of Trust Enforcement (“Commissioner“) and authorised officers, with powers to: (i) investigate certain offences; (ii) require a person to attend for examination, and to examine that person; (iii) require a person to produce any information or document or material in their possession, custody or control that is relevant for the purposes of investigating the aforesaid offences; (iv) enter and search premises pursuant to the issuance of a court warrant and upon compliance with certain procedures for execution of the warrant; and (v) seize property in respect of suspected TA contraventions, or that is suspected to constitute evidence thereof.
  1. New offence provisions. New TA offence provisions will make it an offence for a person to: (i) produce or give access to any information, document or material to the Commissioner or an authorised officer, that the person knows or has reason to believe is materially false or misleading; (ii) refuse or fail to produce or give access to any information, document or material required by the Commissioner or an authorised officer; (iii) fail to comply with a notice requiring the person to attend before the Commissioner or an authorised officer for examination and to answer questions; (iv) knowingly obstruct or hinder the authorities, or attempt to do so; and (v) dispose of or deal with any property contrary to any orders issued by the Commissioner or an authorised officer. It is not a defence that the person is subject to a fiduciary duty or other duty under common law, contract, or professional conduct rules, that prevents or restricts compliance.
  1. New regulations on record-keeping. The TA will be amended to allow regulations to be made, providing that a trustee of a relevant trust must: (i) retain any prescribed document relating to the trust; and (ii) keep and maintain up-to-date records of any information relating to the administration of the trust or other relevant information relating to the trust, as may be prescribed. The maximum fine for an offence will be increased from S$1,000 to S$25,000.
  1. Disclosure of information. Other legislation, such as the Banking Act 1970 and Trust Companies Act 2005, will also be amended to permit: (i) a bank to disclose customer information; and (ii) a licensed trust company to disclose confidential information, to a public officer duly authorised under the TA, for certain purposes under the TA.

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