Foreign Interference (Countermeasures) Act 2021

Foreign Interference (Countermeasures) Act 2021 (2021)
Parliament of Singapore

Date of Commencement: 7 July 2022 (Except provisions in the List) (S 582/2022)(Ministry of Home Affairs)
Date of Commencement: 29 December 2023 (Provisions in the List) (S 880/2023)

List

(a) the definitions of “anonymous donation”, “anonymous donation directive”, “applicable cap on anonymous political donations”, “candidate”, “donation report”, “donor”, “donor activity”, “election agent”, “elector”, “for the purposes of the candidate’s election”, “foreign affiliations report”, “foreign volunteers report”, “major political donor”, “migration benefit”, “nomination day”, “Part 4 politically significant entity” and “Part 4 politically significant person”, “permissible donor”, “political donations fund directive”, “politically significant person”, “principal election agent”, “prohibited donor”, “prohibited donor directive”, “relevant entity”, “relevant individual”, “repealed Act”, “reportable arrangement to which a politically significant person is party”, “reportable political donation”, “reporting period” and “responsible officer” in section 3(1);

(b) sections 14, 93, 100, 101, 102, 105(3), 108(2)(a)(ii) and (iii), 119(1)(b) and 123;

(c) section 122(2)(a), (b) and (c) and (5);

(d) section 124(1), (2), (3), (4), (5), (8), (11) and (12);

(e) section 125(1), (2), (3) and (6);

(f) section 127(1), (2), (3), (4) and (6);

(g) Parts 4, 5, 6 and 7.

Also see amendments made by Parliamentary Elections (Amendment) Act 2023 and National Symbols Act 2022.

3893412Foreign Interference (Countermeasures) Act 20212021Parliament of Singapore

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REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 34]

FRIDAY, NOVEMBER 26

[2021

First published in the Government Gazette, Electronic Edition, on 25 November 2021 at 5 pm.

The following Act was passed by Parliament on 4 October 2021 and assented to by the President on 29 October 2021:—

FOREIGN INTERFERENCE (COUNTERMEASURES) ACT 2021

(No. 28 of 2021)

ARRANGEMENT OF SECTIONS

Section
PART 1 PRELIMINARY
1.	Short title and commencement
2.	Purposes of Act
3.	General interpretation
4.	Meaning of “foreign principal” and associated terms
5.	Engaging in conduct, etc., on behalf of foreign principal
6.	Meaning of “foreign interference”
7.	Meaning of “in the public interest”
8.	Meaning of “directed towards a political end in Singapore”
9.	Meaning of “influencing Singapore governmental decisions”, etc.
10.	Undertaking “electronic communications activity” or “online communications activity”
11.	When is information provided, posted or removed from social media service, etc.
12.	Meaning of “publish in Singapore” and associated terms
13.	Supplementary interpretive provisions for communications activity
14.	Meaning of “politically significant person”
15.	Meaning of “value” in relation to donations and benefits
16.	Determining purpose of an activity
PART 2 FOREIGN INTERFERENCE BY ELECTRONIC COMMUNICATIONS ACTIVITY
17.	Clandestine foreign interference by electronic communications activity
18.	Clandestine foreign interference of target using electronic communications activity
19.	Preparing for or planning an offence under section 17 or 18
PART 3 DIRECTIONS AGAINST HARMFUL FOREIGN ONLINE COMMUNICATIONS ACTIVITY
Division 1—Ministerial powers
20.	Authorisation by Minister for direction to be given
21.	Authorisation by Minister for anticipatory direction
22.	Self-initiated cancellation or variation of authorisation
23.	Reconsideration by Minister of authorisation
24.	Proscribed online location—declaration
25.	Self-initiated revocation or variation of declaration
26.	Reconsideration by Minister of declaration of proscribed online location
27.	Public notice of revocation of declaration
28.	Authorisation regardless of offence
Division 2—Part 3 directions
29.	Types of Part 3 directions
30.	Stop communication (end-user) direction—content
31.	Disabling direction—content
32.	Must-carry directions—content
33.	Access blocking direction—content and preconditions
34.	Account restriction direction—content
35.	Service restriction direction—content
36.	Technical assistance direction—content
37.	App removal direction—content and preconditions
38.	Disgorgement direction—content
Division 3—Special provisions for proscribed online location
39.	Operating proscribed online location
40.	Providing support to proscribed online location
41.	Advertising dealings concerning proscribed online location
Division 4—Supplementary provisions on Part 3 directions
42.	Content and effect of directions—general
43.	Service of Part 3 directions
44.	Publicity regarding non-compliance with directions
45.	Offence of non-compliance with directions
46.	Non-disclosure of technical assistance directions
PART 4 DESIGNATING POLITICALLY SIGNIFICANT PERSONS
47.	Designating non-individual
48.	Designating individual as politically significant person
49.	Opportunity to be heard before designation, etc.
PART 5 COUNTERMEASURES FOR DONOR ACTIVITIES
Division 1—General
50.	Application according to capacity
51.	Meaning of “political donation”
52.	What is not a political donation
53.	Meaning of “reportable political donation”
54.	When is political donation accepted
55.	Other definitions for Part 5
Division 2—Restrictions on accepting political donations
56.	Political donations from impermissible donors, etc.
57.	Anonymous donations
58.	Applicable cap on anonymous political donations
59.	Return of anonymous political donations
60.	Return of political donations
61.	Forfeiture of prohibited political donations, etc.
Division 3—Reporting and accounting of political donations
62.	Disclosing reportable political donations
63.	When disclosure of reportable political donations to be made
64.	Who is responsible for disclosing reportable political donations
65.	Accompanying declaration to donation report
66.	Separate accounts for political donations (political donations fund)
Division 4—Stepped up countermeasures for Part 4 politically significant persons
67.	Prohibited donor directive
68.	Anonymous donations directive
69.	Political donations fund directive
Division 5—Donor obligations
70.	Major political donor reporting
71.	Directive affecting major donors
72.	Duty when donating on behalf of others
Division 6—Offences
73.	Late donation reports, etc.
74.	False or misleading donation reports and declarations
75.	Evasion and intentional acceptance of impermissible donations, etc.
PART 6 COUNTERMEASURES FOR OTHER ACTIVITIES
Division 1—Foreign affiliations
76.	Disclosure of foreign affiliation
77.	When to make foreign affiliations report
78.	What is reportable arrangement
79.	Reporting involvement in foreign political organisation, etc.
Division 2—Published-by requirement for foreign-linked political matters
80.	Application and interpretation
81.	Transparency directive for publishing political matters with foreign link
82.	What is political matter with foreign link
Division 3—Stepped up countermeasures
83.	Directive prohibiting foreign membership, responsible officer, etc.
84.	Directive to end affiliation, etc., with foreign principal
85.	Directive prohibiting, etc., foreign volunteers
Division 4—Offences
86.	Late Part 6 reports, etc.
87.	False or misleading Part 6 reports and declarations
PART 7 CONDITIONS FOR STEPPED UP COUNTERMEASURES
88.	Circumstances where Part 5 or 6 directive may be given
89.	Content and effect of directives: general
90.	Process of giving directives: general
91.	Offences involving directives to politically significant persons
PART 8 OVERSIGHT ARRANGEMENTS
Division 1—Rights of appeal
92.	Right of appeal against authorisation for Part 3 directions, etc.
93.	Right of appeal against competent authoritys decisions
Division 2—Reviewing Tribunals for section 92 appeals
94.	Reviewing Tribunals—composition
95.	Reviewing Tribunals—remuneration and other terms
96.	Reviewing Tribunals—resources
97.	Reviewing Tribunals—function
98.	Procedure before Reviewing Tribunal
99.	Rules for Reviewing Tribunal proceedings
Division 3—Section 93 appeals
100.	Appeals to Minister
101.	Minister’s function on appeal
102.	Advisory body for section 93 appeals
Division 4—General
103.	Effect of appeal on decision appealed against
104.	Limited judicial review
PART 9 ADMINISTRATION AND ENFORCEMENT
105.	Competent authorities
106.	Alternate arrangements during election period, etc.
107.	Authorised officers
108.	Power to obtain information
109.	False or misleading information, etc.
110.	Offences by corporations
111.	Offences by unincorporated associations or partnerships
112.	Arrestable and non-bailable offences
113.	Jurisdiction of courts
114.	Composition of offences
115.	Extra-territorial application of offences
116.	Public notice of Part 5 or 6 directives, etc.
PART 10 MISCELLANEOUS
117.	Interface with other laws
118.	Other causes of action not affected
119.	Liability for complying with directions and directives, etc.
120.	Exempt activities
121.	Service of documents
122.	Regulations
123.	Repeal
PART 11 AMENDMENTS TO OTHER ACTS AND FINAL PROVISIONS
124.	Amendment of Parliamentary Elections Act 1954
125.	Amendment of Presidential Elections Act 1991
126.	Amendment of Societies Act 1966
127.	Saving and transitional provisions

This work is Singaporean legislation (Act of Parliament or subsidiary legislation), which is copyrighted in Singapore for 70 years after publication pursuant to

section 197(3)(b) of the repealed Copyright Act (Cap. 63, 2006 Rev. Ed.) for legislation published before 21 November 2021.

However, as an edict of a government, it is in the public domain in the U.S.

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