On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 31/12/2001.
16. Unless otherwise stated in this Part, assistance under this Part may be provided to any foreign country.
17.
—(1) The Minister may, for the purposes of this Part, by order declare a foreign country as a prescribed foreign country if there is in force a treaty, memorandum of understanding or other agreement between Singapore and that country under which that country has agreed to provide assistance in criminal matters to Singapore.
(2) An order under subsection (1) may provide that the provisions of this Part shall apply to the foreign country subject to such conditions, exceptions or qualifications as are specified in the order, and in that event the provisions of this Part shall apply accordingly.
(3) The Minister may by a subsequent order vary or revoke any order previously made under this section.
18. Assistance under this Part may be provided to a foreign country subject to such conditions as the Attorney-General determines in any particular case or class of cases.
19.
—(1) Every request by a foreign country to Singapore for assistance under this Part shall be made to the Attorney-General.
(2) Every request shall —
(a)
specify the purpose of the request and the nature of the assistance being sought;
(b)
identify the person or authority that initiated the request; and
(c)
be accompanied by —
(i)
a certificate from the appropriate authority of that country that the request is made in respect of a criminal matter within the meaning of this Act;
(ii)
a description of the nature of the criminal matter and a statement setting out a summary of the relevant facts and laws;
(iii)
where the request relates to —
(A)
the location of a person who is suspected to be involved in or to have benefited from the commission of an offence; or
(B)
the tracing of property that is suspected to be connected with an offence,
the name, identity, nationality, location or description of that person, or the location and description of the property, if known, and a statement setting forth the basis for suspecting the matter referred to in sub-paragraph (A) or (B);
(iv)
a description of the offence to which the criminal matter relates, including its maximum penalty;
(v)
details of the procedure that that country wishes to be followed by Singapore in giving effect to the request, including details of the manner and form in which any information or thing is to be supplied to that country pursuant to the request;
(vi)
where the request is for assistance relating to an ancillary criminal matter and judicial proceedings to obtain a foreign confiscation order have not been instituted in that country, a statement indicating when they are likely to be instituted;
(vii)
a statement setting out the wishes of that country concerning the confidentiality of the request and the reason for those wishes;
(viii)
details of the period within which that country wishes the request to be met;
(ix)
if the request involves a person travelling from Singapore to that country, details of allowances to which the person will be entitled, and of the arrangements for accommodation for the person while he is in that country pursuant to the request;
(x)
any other information required to be included with the request under any treaty, memorandum of understanding or other agreement between Singapore and that country; and
(xi)
any other information that may assist in giving effect to the request or which is required under the provisions of this Act.
20.
—(1) A request by a foreign country for assistance under this Part shall be refused if, in the opinion of the Attorney-General —
(a)
the appropriate authority of that country has, in respect of that request, failed to comply with the terms of any treaty, memorandum of understanding or other agreement between Singapore and that country;
(b)
the request relates to the investigation, prosecution or punishment of a person for an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character;
(c)
the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Singapore, would have constituted an offence under the military law applicable in Singapore but not also under the ordinary criminal law of Singapore;
(d)
there are substantial grounds for believing that the request was made for the purpose of investigating, prosecuting, punishing or otherwise causing prejudice to a person on account of the person’s race, religion, sex, ethnic origin, nationality or political opinions;
(e)
the request relates to the investigation, prosecution or punishment of a person for an offence in a case where the person —
(i)
has been convicted, acquitted or pardoned by a competent court or other authority in that country; or
(ii)
has undergone the punishment provided by the law of that country,
in respect of that offence or of another offence constituted by the same act or omission as the first-mentioned offence;
(f)
the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Singapore, would not have constituted a Singapore offence;
(g)
the offence to which the request relates is not an offence of sufficient gravity;
(h)
the thing requested for is of insufficient importance to the investigation or could reasonably be obtained by other means;
(i)
it is contrary to public interest to provide the assistance;
(j)
the appropriate authority fails to undertake that the thing requested for will not be used for a matter other than the criminal matter in respect of which the request was made, except with the consent of the Attorney-General;
(k)
in the case of a request for assistance under Division 2 or 6, the appropriate authority fails to undertake to return to the Attorney-General, upon his request, any thing obtained pursuant to the request upon completion of the criminal matter in respect of which the request was made; or
(l)
the provision of the assistance could prejudice a criminal matter in Singapore.
(2) A request by a foreign country for assistance under this Part may be refused by the Attorney-General —
(a)
pursuant to the terms of any treaty, memorandum of understanding or other agreement between Singapore and that country;
(b)
if, in the opinion of the Attorney-General, the provision of the assistance would, or would be likely to, prejudice the safety of any person (whether in Singapore or elsewhere);
(c)
if, in the opinion of the Attorney-General, the provision of the assistance would impose an excessive burden on the resources of Singapore; or
(d)
if that country is not a prescribed foreign country and the appropriate authority of that country fails to give an undertaking to the Attorney-General that that country will, subject to its laws, comply with a future requirement by Singapore to that country for assistance in a criminal matter.