Enterprise Singapore Board Act 2018

• Jurisdiction: Singapore
• Coming into Force: 01 April 2018
• Record Number: Act 10 of 2018

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

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NO. 10] Friday, March 16 [2018

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The following Act was passed by Parliament on 5 February 2018 and assented to by the President on 2 March 2018:—

Enterprise Singapore Board Act 2018

(No. 10 of 2018)

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I assent.

HALIMAH YACOB, President. 2 March 2018.

Date of Commencement: 1 April 2018 Parts 1 to 8, sections 66, 67(1), 68, 69, 71 to 78

Date of Commencement: 2 April 2018 Sections 64 and 65

An Act to establish the Enterprise Singapore Board, to repeal the International Enterprise Singapore Board Act (Chapter 143B of the 2002 Revised Edition) and the Standards, Productivity and Innovation Board Act (Chapter 303A of the 2002 Revised Edition), and to make consequential and related amendments to certain other Acts.

PART 1 PRELIMINARY Short title and commencement 1. This Act is the Enterprise Singapore Board Act 2018 and comes into operation on a date that the Minister appoints by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires — “accreditation mark” means an accreditation mark specified by the Board under section 6(2)(i)(iv); “Board” means the Enterprise Singapore Board established by section 3; “certification mark” means a certification mark specified by the Board under section 6(2)(i)(iv); “Chairperson” means the individual appointed under section 12(1)(a) as the Chairperson of the Board, and includes any individual appointed under section 14 to act in that capacity; “Chief Executive” means the Chief Executive of the Board, and includes any individual acting in that capacity; “Deputy Chairperson” means the Deputy Chairperson of the Board appointed under section 12(1)(b); “document” includes any device or medium on which information is recorded or stored; “function”, in relation to the Board, means a function conferred on the Board by or under this Act or any other Act; “goods” means any movable property, and includes any commodity, fish, livestock or plant; “inspector” means an inspector appointed under section 33; “International Enterprise Singapore Board” means the International Enterprise Singapore Board established by the International Enterprise Singapore Board Act (Cap. 143B); “officer”, in relation to the Board, means an employee of the Board and includes an individual under a secondment arrangement which makes available the service of the individual to the Board; “process” means one or more related or interacting activities that use inputs to deliver an intended result, and includes any test method; “product” means any output, tangible or intangible, that results from a process, and includes any goods, material, service, terminology or management system; “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function; “registering authority” means any authority competent under any written law to register a company, firm or other body of persons, or a trade mark or design; “Singapore Rubber Fund” means the Singapore Rubber Fund as defined in the Rubber Industry Act (Cap. 280); “Singapore Standard” means a standard established by the Board under section 6(2)(i)(iii); “standard” means a definition, classification, description, requirement, specification, guideline or characteristic, by reference to which a product or process is assessed to be fit for its purpose; “Standards, Productivity and Innovation Board” means the Standards, Productivity and Innovation Board established by the Standards, Productivity and Innovation Board Act (Cap. 303A); “trade mark” has the same meaning as in the Trade Marks Act (Cap. 332).

PART 2 ESTABLISHMENT, FUNCTIONS AND; POWERS OF BOARD Enterprise Singapore Board 3. A body called the Enterprise Singapore Board is established by this section. Board is body corporate 4.—(1) The Board — (a) is a body corporate with perpetual succession; (b) may acquire, hold and dispose of real and personal property; and (c) may sue and be sued in its corporate name. (2) The Board may use and operate under the trading name of “Enterprise Singapore”, “ESG” and such other trading names approved by the Minister. (3) The Board must cause notice of every trading name approved under subsection (2) to be published in the Gazette; but failure to do so does not invalidate the approval or use of that name. Functions of Board 5.—(1) The Board has the following functions: (a) to enable Singapore‑based enterprises and other enterprises requiring assistance to create and expand their businesses in domestic and foreign markets; (b) to enhance the business environment in Singapore and Singapore’s global and regional connectivity, for Singapore‑based enterprises to create and expand their businesses in foreign markets; (c) to promote and facilitate trading in any goods, or derivatives contracts in respect of one or more commodities; (d) in relation to commodity trade and industry — (i) to regulate the rubber trade and industry; (ii) to regulate spot commodity trading; and (iii) to promote, develop and maintain the commodity trade and industry in Singapore, including any market involving derivatives contracts in respect of one or more commodities; (e) to serve as the national productivity, innovation, standards and accreditation body, which seeks to raise total factor productivity and improve Singapore’s competitiveness; (f) to administer the Weights and Measures Act (Cap. 349); (g) to cooperate and collaborate with the SkillsFuture Singapore Agency established by section 3 of the SkillsFuture Singapore Agency Act 2016 (Act 24 of 2016), and the Workforce Singapore Agency established by section 3 of the Workforce Singapore Agency Act (Cap. 305D), in the discharge of their respective functions under those Acts; (h) to represent Singapore internationally in matters relating to — (i) trade; and (ii) productivity, innovation, standards, accreditation and conformity assessment; (i) to advise and assist the Government, any public authority or any industrial, commercial, trading or other organisation, on matters relating to — (i) the development or regulation of trade, including commodity trade and industry, and to act as agent for the Government or for any person, body or organisation on such matters; and (ii) productivity, innovation, standards and accreditation; (j) to perform such other functions as may be conferred on the Board by or under any other Act. (2) In performing the functions conferred on the Board by subsection (1), the Board must have regard to the policies and directions of the Research, Innovation and Enterprise Council established by the National Research Fund Act (Cap. 201A). (3) The Board may also undertake such other functions as the Minister may, by notification in the Gazette, assign to the Board, and in so undertaking — (a) the Board is deemed to be fulfilling the purposes of this Act; and (b) the provisions of this Act apply to the Board in respect of those other functions. (4) Nothing in this section imposes on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Board would not otherwise be subject. Powers of Board 6.—(1) The Board has power to do all things necessary or expedient to enable the Board to carry out its functions. (2) Without limiting subsection (1), the powers of the Board include the following: (a) in relation to enterprise development — (i) to enhance the skills, capacity and resources of Singapore‑based and other enterprises; (ii) to provide technical and consultancy services; (iii) to facilitate access by the enterprises to departments of the Government or any public authority, or to a foreign government or foreign authority; (iv) to organise and participate in any trade exhibition, trade fair and trade mission; and (v) to foster connections among Singapore‑based enterprises and between Singapore‑based enterprises and foreign enterprises, associations and agencies; (b) to establish and maintain offices or facilities in Singapore or overseas; (c) to collect, compile and analyse information, or commission surveys, research or studies relating to its functions; (d) to collect, compile and analyse particulars and information furnished under the Regulation of Imports and Exports Act (Cap. 272A) or any regulations made under that Act; (e) to establish and administer any scheme or programme relating to its functions; (f) to administer and regulate the establishment of representative offices in Singapore by foreign persons; (g) to enter into memoranda of understanding or other similar arrangements with any person in or outside Singapore for the purpose of discharging any of its functions; (h) to be a member or an affiliate of any international body the functions, objects or duties of which are similar to the functions of the Board; (i) in relation to standards, certification and accreditation — (i) to assess materials, products, processes or persons for the purposes of certification, accreditation or conformity assessment; (ii) to accredit, appoint, authorise or recognise any person that performs testing and certification, or conformity assessment, and to regulate the practice of such persons; (iii) to establish and publish, by notification in the Gazette, the Singapore Standard in relation to any product or process; (iv) to specify, by notification in the Gazette, accreditation marks and certification marks of the Board and control the use of such accreditation marks or certification marks; (v) to administer the national standardisation programme and to facilitate the participation of Singapore in international standardisation activities; (j) to form or join in the formation of a company, association, trust or partnership or enter into a joint venture with any person — (i) for the purposes of discharging any of the Board’s functions; or (ii) with the approval of the Minister, for any other purpose approved by the Minister; (k) to acquire or dispose of any property, movable or immovable, and to use any such property, including mortgaging it; (l) to apply for, obtain and ...