Terrorism (Suppression of Financing) Act

• Jurisdiction: Singapore
• Coming into Force: 31 July 2003
• copyrightNote: © Singapore legislation sourced from Singapore Statutes Online. It is subject to copyright of the Singapore Government and is reproduced with the permission of the Attorney-General’s Chambers of Singapore.
• Enactment Date: 29 January 2003
• Published date: 31 July 2003
• Record Number: Cap. 325
• Act Number: (Original Enactment: Act 16 of 2002)

Terrorism (Suppression of Financing) Act

(CHAPTER 325)

(Original Enactment: Act 16 of 2002)

REVISED EDITION 2003

(31st July 2003)

An Act to suppress the financing of terrorism, to give effect to the International Convention for the Suppression of the Financing of Terrorism and for matters connected therewith.

[29th January 2003]

PART I PRELIMINARY Short title 1. This Act may be cited as the Terrorism (Suppression of Financing) Act. Interpretation 2.—(1) In this Act, unless the context otherwise requires — “entity” means a person, group, trust, partnership or fund or an unincorporated association or organisation; “police officer” includes a Commercial Affairs Officer referred to in section 64 of the Police Force Act (Cap. 235); [Act 4 of 2014 wef 10/03/2014] “property” means — (a) assets of every kind, whether tangible or intangible, movable or immovable, however acquired; and (b) legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit; “terrorism financing offence” means — (a) any offence under section 3, 4, 5 or 6; (b) conspiracy to commit any of those offences; (c) inciting another to commit any of those offences; (d) attempting to commit any of those offences; or (e) aiding, abetting, counselling or procuring the commission of any of those offences; “terrorist” means any person who — (a) commits, or attempts to commit, any terrorist act; or (b) participates in or facilitates the commission of any terrorist act, and includes any person set out in the First Schedule; [Act 17 of 2013 wef 23/09/2013] “terrorist entity” means any entity owned or controlled by any terrorist or group of terrorists and includes an association of such entities, and any entity set out in the First Schedule. [Act 17 of 2013 wef 23/09/2013] (2) Subject to subsection (3), for the purposes of this Act, “terrorist act” means the use or threat of action — (a) where the action — (i) involves serious violence against a person; (ii) involves serious damage to property; (iii) endangers a person’s life; (iv) creates a serious risk to the health or the safety of the public or a section of the public; (v) involves the use of firearms or explosives; (vi) involves releasing into the environment or any part thereof, or distributing or otherwise exposing the public or any part thereof to — (A) any dangerous, hazardous, radioactive or harmful substance; (B) any toxic chemical; or (C) any microbial or other biological agent, or toxin; (vii) disrupts, or seriously interferes with, any public computer system or the provision of any service directly related to communications infrastructure, banking and financial services, public utilities, public transportation or public key infrastructure; (viii) disrupts, or seriously interferes with, the provision of essential emergency services such as the police, civil defence and medical services; or (ix) involves prejudice to public security or national defence; and (b) where the use or threat is intended or reasonably regarded as intending to — (i) influence or compel the Government, any other government, or any international organisation to do or refrain from doing any act; or (ii) intimidate the public or a section of the public, and includes any action specified in the Second Schedule. [Act 17 of 2013 wef 23/09/2013] (3) Notwithstanding anything in subsection (2), a terrorist act does not include the activities undertaken by military forces of a State in the exercise of their official duties, to the extent that those activities are governed by other rules of international law. (4) For the purposes of subsection (2) — (a) a reference to any person or property is a reference to any person or property wherever situated, within or outside Singapore; and (b) a reference to the public includes a reference to the public of a country or territory other than Singapore. (5) In subsection (3), “military forces of a State” means the armed forces of a State which are organised, trained and equipped under its internal law for the primary purpose of national defence or security and persons acting in support of those armed forces who are under their formal command, control and responsibility.

PART II TERRORIST PROPERTY Prohibition against providing or collecting property for terrorist acts 3.—(1) Every person who directly or indirectly, wilfully and without lawful excuse, provides or collects property — (a) with the intention that the property be used; or (b) knowing or having reasonable grounds to believe that the property will be used, in whole or in part, in order to commit any terrorist act, shall be guilty of an offence. [Act 51 of 2018 wef 01/04/2019] (2) Any person who acts reasonably in taking, or omitting to take, measures to avoid committing an offence under subsection (1) shall not be liable in any civil proceedings arising from taking or omitting to take those measures. [Act 51 of 2018 wef 01/04/2019] Prohibition against provision of property and services for terrorist purposes 4.—(1) Every person who directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services — (a) intending that they be used, or knowing or having reasonable grounds to believe that they will be used, in whole or in part, for the purpose of facilitating or carrying out any terrorist act, or for benefiting any person who is facilitating or carrying out such an activity; or (b) knowing or having reasonable grounds to believe that, in whole or in part, they will be used by or will benefit any terrorist or terrorist entity, shall be guilty of an offence. [Act 51 of 2018 wef 01/04/2019] (2) Any person who acts reasonably in taking, or omitting to take, measures to avoid committing an offence under subsection (1) shall not be liable in any civil proceedings arising from taking or omitting to take those measures. [Act 51 of 2018 wef 01/04/2019] (3) In this section, a reference to facilitating or carrying out any terrorist act includes a reference to financing the travel of an individual to any place other than the state of which the individual is a citizen or in which the individual resides, in order for the individual to provide or receive any training in facilitating or carrying out any terrorist act. [Act 51 of 2018 wef 01/04/2019] Prohibition against use or possession of property for terrorist purposes 5.—(1) Every person who — (a) uses property, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out any terrorist act; or (b) possesses property intending that it be used or knowing or having reasonable grounds to believe that it will be used, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist act, shall be guilty of an offence. [Act 51 of 2018 wef 01/04/2019] (2) Any person who acts reasonably in taking, or omitting to take, measures to avoid committing an offence under subsection (1) shall not be liable in any civil proceedings arising from taking or omitting to take those measures. [Act 51 of 2018 wef 01/04/2019] Prohibition against dealing with property of terrorists 6.—(1) No person in Singapore and no citizen of Singapore outside Singapore shall — (a) deal, directly or indirectly, in any property that he knows or has reasonable grounds to believe is owned or controlled by or on behalf of any terrorist or terrorist entity, including funds derived or generated from property owned or controlled, directly or indirectly, by any terrorist or terrorist entity; (b) enter into or facilitate, directly or indirectly, any financial transaction related to a dealing in property referred to in paragraph (a); or (c) provide any financial services or any other related services in respect of any property referred to in paragraph (a) to, or for the benefit of, or on the direction or order of, any terrorist or terrorist entity. (2) Any person who contravenes subsection (1) shall be guilty of an offence. [Act 17 of 2013 wef 23/09/2013] (3) Any person who acts reasonably in taking, or omitting to take, measures to comply with subsection (1) shall not be liable in any civil proceedings arising from having taken or omitted to take the measures, if the person took all reasonable steps to satisfy himself that the relevant property was owned or controlled by or on behalf of any terrorist or terrorist entity. Penalty 6A. Any person who is guilty of an offence under section 3, 4, 5 or 6 shall be liable on conviction — (a) in the case of an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 10 years or to both; or (b) in any other case, to a fine not exceeding the higher of — (i) $1 million; or (ii) twice the value of the property (including funds derived or generated from the property), financial services or other related services, or financial transaction (as the case may be) in respect of which the offence was committed. [Act 51 of 2018 wef 01/04/2019] Abetment, etc., of offence under section 3, 4, 5 or 6 6B. A person who commits an act or omission that would constitute an abetment of, or a conspiracy or an attempt to commit, an offence under section 3, 4, 5 or 6 shall be guilty of an offence and shall be liable on conviction to the same punishment as for the offence under section 3, 4, 5 or 6, as the case may be. [Act 51 of 2018 wef 01/04/2019] Exemption 7.—(1) Subject to subsection (2), the Minister may, by order published in the Gazette, exempt any person in Singapore, or any citizen of Singapore outside Singapore, from section 4(b) or 6 or both, in respect of any specified activity or transaction or a class of specified activities or transactions carried out by the person or citizen. (2) An exemption under subsection (1) from section 4(b) may not be made in respect of any activity or transaction involving property or services that will be used by or will benefit a terrorist ...