No. 12 of 2018 - SINGAPORE REGULATIONS AFFECTING THE SINGAPORE SHIPPING COMMUNITY: UNITED NATIONS (SANCTIONS – DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA) REGULATIONS 2010
No.12 of 2018 - SINGAPORE REGULATIONS AFFECTING THE SINGAPORE SHIPPING COMMUNITY: UNITED NATIONS (SANCTIONS – DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA) REGULATIONS 2010
Published 28 Sep 2018
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MARITIME AND PORT AUTHORITY OF SINGAPORE
SHIPPING CIRCULAR TO SHIPOWNERS
NO. 12 OF 2018
MPA Shipping Division
460 Alexandra Road
#21-00, PSA Building
Singapore 119963
Fax: 6375-6231
http://www.mpa.gov.sg
28 SEP 2018
Applicable to: This circular is for the attention of all Singapore ship owners, ship
managers, and shipmasters of Singapore-registered ships, and the general
shipping community.
SINGAPORE REGULATIONS AFFECTING THE SINGAPORE SHIPPING
COMMUNITY: UNITED NATIONS (SANCTIONS – DEMOCRATIC PEOPLE’S
REPUBLIC OF KOREA) REGULATIONS 2010
This shipping circular draws the attention of the shipping community to the
United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations
2010 (the Regulations) amended by the United Nations (Sanctions – Democratic
People’s Republic of Korea) (Amendment) Regulations 2018 which came into force
on 11 June 2018.
2 The object of the Regulations is to assist in giving effect to Resolutions 1718
(2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356
(2017), 2371 (2017), 2375 (2017) and 2397 (2017) of the Security Council of the
United Nations. Please refer to Annex A for the complete text of the Regulations.
3 In particular, we draw your attention to Reg 6, 6A, 8B, 8C, 8D, 11, 14B and 15
of the Regulations.
4 This Circular supersedes MPA Shipping Circular No. 22 of 2017.
1
5 Any queries relating to this circular should be directed to the Singapore Registry
of Ships (SRS) at Tel: + 65 6375 1932. Queries in writing may also be directed to the
SRS’ dedicated email contact at marine@mpa.gov.sg.
CAPT DAKNASH GANASEN
DIRECTOR OF MARINE
MARITIME AND PORT AUTHORITY OF SINGAPORE
2
1 S 570/2010
FirstpublishedintheGovernmentGazette,ElectronicEdition,on at.
No. S 570
UNITED NATIONS ACT
(CHAPTER 339)
UNITED NATIONS (SANCTIONS — DEMOCRATIC PEOPLE’S
REPUBLIC OF KOREA) REGULATIONS 2010
ARRANGEMENT OF REGULATIONS
Regulation
5A. Prohibition against shipping designated item for purposes of
repair, servicing, refurbishing, etc.
procure certain items
6A. Prohibition against ship-to-ship transfer
services or assistance, etc.
or assistance, etc.
8A. Prohibition against hosting trainers
8B. Prohibition against leasing or chartering Singapore ship or
aircraft, etc.
8C. Prohibition against procuring crew services of ship or aircraft
8D. Prohibition against registering vessels in Democratic People’s
Republic of Korea, etc.
8E. Prohibition against specialised teaching or training
9A. Prohibition against participating in joint ventures, etc.
benefit of designated person
resources contributing to prohibited activity
Informal Consolidation – version in force from 11/6/2018
S 570/2010 2
Regulation
12A. Prohibition against provision of financial services and other
resources for purposes of trade
14A. Power to investigate
14B. Power to seize, inspect, etc., vessels in certain cases
In exercise of the powers conferred by section 2(1) of the United
Nations Act, the Minister for Law hereby makes the following
Regulations:
Citation and commencement
— Democratic People’s Republic of Korea) Regulations 2010 and
shall come into operation on 1st November 2010.
Object
Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013),
2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017)
and 2397 (2017) of the Security Council of the United Nations.
[S590/2017wef20/10/2017]
[S393/2018wef11/06/2018]
Application
class offinancial institutions to the extent that the financial institution
or class of financial institutions is or may be subject to the directions
of the Monetary Authority of Singapore under section 27A of the
Monetary Authority of Singapore Act (Cap. 186).
Informal Consolidation – version in force from 11/6/2018
3 S 570/2010
Definitions
4.—(1) In these Regulations, unless the context otherwise
requires —
“Committee” means the Committee of the Security Council of
the United Nations established under paragraph 12 of
Resolution 1718 (2006);
“designated export item” means any item, material, equipment,
goods or technology —
(a) falling within the class or description specified in the
Regulation of Imports and Exports Regulations
(Cap. 272A, Rg 1), as in force on 20 October 2017,
in relation to the Democratic People’s Republic of
and
[S590/2017wef20/10/2017]
(b) the exporting from, transhipment in, or transit
through, Singapore of which is prohibited under
regulation6(2)(c)(ii)oftheRegulationofImportsand
Exports Regulations (Cap. 272A, Rg 1) in relation to
the Democratic People’s Republic of Korea,
[S590/2017wef20/10/2017]
but does not include a designated luxury item;
“designated import item” means any item, material, equipment,
goods or technology —
(a) falling within the class or description specified in the
Regulation of Imports and Exports Regulations, as
in force on 20 October 2017, in relation to the
Democratic People’s Republic of Korea (specified in
[S590/2017wef20/10/2017]
(b) theimportinginto,transhipmentin,ortransitthrough,
Singapore of which is prohibited under
regulation 6(2)(c)(i) of the Regulation of Imports
Informal Consolidation – version in force from 11/6/2018
S 570/2010 4
andExportsRegulationsinrelationtotheDemocratic
People’s Republic of Korea;
[S590/2017wef20/10/2017]
“designated item” means a designated export item or designated
import item;
“designated luxury item” means any luxury item specified in
item (5) in the third column of Part 1of the Seventh Schedule
to the Regulation of Imports and Exports Regulations, as in
force on 20 October 2017, in relation to the Democratic
People’s Republic of Korea (specified in the first column of
that Schedule);
[S590/2017wef20/10/2017]
“designated person”means anyindividualor entity setoutin the
UN List subject to the conditions set out in paragraph (2);
“Director-General” means the Director-General of Customs
appointed under section 4(1) of the Customs Act (Cap. 70);
“Director of Marine” means the Director of Marine appointed
under section 4(1) of the Merchant Shipping Act (Cap. 179)
and includes the Deputy Director of Marine appointed under
that subsection and such other officers appointed under
section 4(3) of that Act as the Director of Marine may
authorise to carry out any of his duties under these
Regulations;
“economic resources” means assets of every kind, whether
tangible or intangible, movable or immovable, actual or
potential, which potentially may be used to obtain funds,
goods or services, including vessels;
[S590/2017wef20/10/2017]
“funds” includes cheques, bank deposits and other financial
resources;
“officer of customs” has the same meaning as in the Customs
Act;
“property” means real or personal property, movable or
immovable property, and includes a lease of immovable
property as well as a right or an interest in such property;
Informal Consolidation – version in force from 11/6/2018
5 S 570/2010
“Resolution” means a Resolution of the Security Council of the
United Nations;
“UN List” means collectively the lists of individuals or entities
identifiedbytheSecurityCounciloftheUnitedNationsorthe
Committeeasindividualsorentitiestowhomorwhichanyof
the measures specified in paragraph 8(d) of
Resolution 1718 (2006) apply, whether by virtue of —
(a) paragraph 8(d) of Resolution 1718 (2006);
(b) paragraph 5(a) of Resolution 2087 (2013);
(c) paragraph 8 of Resolution 2094 (2013);
(d) paragraph 10 of Resolution 2270 (2016); or
(e) paragraph 3 or 12(d) of Resolution 2321 (2016),
andincludesanysuchlistasupdatedfromtimetotimebythe
SecurityCounciloftheUnitedNationsortheCommittee,and
made available on the Internet through the official United
Nations website at http://www.un.org/.
[S590/2017wef20/10/2017]
(2) The conditions referred to in the definition of “designated
person” in paragraph (1) are —
(a) whereanyindividualorentityisaddedtotheUNListonor
after1stNovember2010,theindividualorentityistakento
be a designated person with effect from the date
immediately following the date of addition to the UN List;
(b) where any individual or entity is removed from the UN
List, the individual or entity ceases to be a designated
person with effect from the date of removal from the UN
List; and
(c) where the particulars of any individual or entity in the UN
List are modified on or after 1st November 2010, the
particulars of the individual or entity are taken to be
modified for the purposes of these Regulations with effect
from the date immediately following the date of
modification in the UN List.
Informal Consolidation – version in force from 11/6/2018
S 570/2010 6
Prohibition against supplying or procuring certain items
Singapore shall —
(a) supply,sellortransfer,directlyorindirectly,anydesignated
export item or designated luxury item to any person in the
DemocraticPeople’sRepublic ofKorea,whetherornotthe
item originated in Singapore; or
(b) procure any designated import item from any person in the
DemocraticPeople’sRepublic ofKorea,whetherornotthe
item originated in the Democratic People’s Republic of
Korea.
Prohibition against shipping designated item for purposes of
repair, servicing, refurbishing, etc.
5A. A person in Singapore or a citizen of Singapore outside
Singaporemustnotship,toorfromtheDemocraticPeople’sRepublic
of Korea, any designated item for the purpose of repair, servicing,
refurbishing, testing, reverse-engineering or marketing, regardless of
whether the ownership or control of such designated item is
transferred.
[S590/2017wef20/10/2017]
Prohibition against using Singapore ship or aircraft to supply
or procure certain items
(a) owner or master of a ship registered as a Singapore ship
under the Merchant Shipping Act (Cap. 179); or
(b) owner or operator of an aircraft registered in Singapore
under the Air Navigation Act (Cap. 6),
shall carry, or cause or permit to be carried, on board or on or in any
part of the ship or aircraft —
(i) any designated export item or designated luxury item for
supply, sale or transfer to any person in the Democratic
People’s Republic of Korea; or
Informal Consolidation – version in force from 11/6/2018
7 S 570/2010
(ii) any designated import item which has been procured from
any person in the Democratic People’s Republic of Korea.
Prohibition against ship-to-ship transfer
6A. A person in Singapore, a citizen of Singapore outside
Singapore, or an owner or master of a ship registered as a
Singapore ship under the Merchant Shipping Act (Cap. 179), must
notfacilitateorengageinanyship‑to‑shiptransfer,toorfromavessel
flagged by the Democratic People’s Republic of Korea, of anything
that is —
(a) supplied to or by a person in the Democratic People’s
Republic of Korea;
(b) sold to or by a person in the Democratic People’s Republic
of Korea; or
(c) transferred to or by a person in the Democratic People’s
Republic of Korea.
[S393/2018wef11/06/2018]
Prohibition against provision of technical training, advice,
services or assistance, etc.
must not provide technical training, advice, services or assistance
relating to —
(a) the provision, manufacture, maintenance or use of any
designated item to any person in the Democratic People’s
Republic of Korea or any national of the Democratic
People’s Republic of Korea; or
(b) the shipment of any designated item, to or from the
Democratic People’s Republic of Korea, for repair,
servicing, refurbishing, testing, reverse-engineering or
marketing, regardless of whether the ownership or
control of such designated item is transferred.
[S590/2017wef20/10/2017]
Informal Consolidation – version in force from 11/6/2018
S 570/2010 8
Prohibition against receipt of technical training, advice,
services or assistance, etc.
must not receive or facilitate the receipt of technical training, advice,
services or assistance relating to —
(a) the provision, manufacture, maintenance or use of any
designated item from any person in the Democratic
People’s Republic of Korea or any national of the
Democratic People’s Republic of Korea; or
(b) the shipment of any designated item, to or from the,
Democratic People’s Republic of Korea, for repair,
servicing, refurbishing, testing, reverse-engineering or
marketing, regardless of whether the ownership or
control of such designated item is transferred.
[S590/2017wef20/10/2017]
Prohibition against hosting trainers
8A. A person in Singapore or a citizen of Singapore outside
Singaporemustnotengageinthehostingoftrainers,advisorsorother
officials from the Democratic People’s Republic of Korea for the
purpose of military, paramilitary or police-related training.
[S590/2017wef20/10/2017]
Prohibition against leasing or chartering Singapore ship or
aircraft, etc.
8B.—(1) A person in Singapore or a citizen of Singapore outside
Singapore must not —
(a) lease or charter a ship registered as a Singapore ship under
the Merchant Shipping Act (Cap. 179) or an aircraft
registered in Singapore under the Air Navigation Act
(Cap. 6) to any relevant entity or individual; or
(b) provide crew services in respect of any ship or aircraft to
any relevant entity or individual.
(2) In this regulation and regulation 8C, “relevant entity or
individual” means —
Informal Consolidation – version in force from 11/6/2018
9 S 570/2010
(a) the Democratic People’s Republic of Korea;
(b) any person in, or who is a national of, the Democratic
People’s Republic of Korea;
(c) any designated person;
(d) any other entity or individual who has assisted in the
commission of any offence under paragraph (1) or
regulation 5, 5A, 6, 7, 8, 8A, 8C, 8D, 8E(1), 9, 9A, 10,
11, 12(1) or 12A;
(e) any entity or individual acting on behalf of or under the
direction of any other entity or individual mentioned in
sub‑paragraphs (a) to (d); or
(f) any entity owned or controlled, directly or indirectly, by
any entity or individual mentioned in sub‑paragraphs (a)
to (e).
[S590/2017wef20/10/2017]
Prohibition against procuring crew services of ship or aircraft
8C. A person in Singapore or a citizen of Singapore outside
Singapore must not procure crew services, in respect of any ship or
aircraft, from any relevant entity or individual.
[S590/2017wef20/10/2017]
Prohibition against registering vessels in Democratic People’s
Republic of Korea, etc.
8D. A person in Singapore or a citizen of Singapore outside
Singapore must not —
(a) register any vessel in the Democratic People’s Republic of
Korea;
(b) obtain authorisation for a vessel to use the flag of the
Democratic People’s Republic of Korea;
(c) own, lease, operate or charter any vessel flagged by the
Democratic People’s Republic of Korea;
Informal Consolidation – version in force from 11/6/2018
S 570/2010 10
(d) provideaclassificationorcertificationservice,oranyother
related service, in respect of a vessel flagged by the
Democratic People’s Republic of Korea; or
(e) provide any insurance or re-insurance services for —
(i) avesselflaggedbytheDemocraticPeople’sRepublic
of Korea, or owned, controlled, or operated,
including through illicit means, by a person in the
Democratic People’s Republic of Korea; or
(ii) avesselthatthepersonorcitizen(asthecasemaybe)
has reasonable grounds to believe was or is involved
in any activity, or the transport of anything,
prohibited by this regulation or regulation 5, 5A, 6,
6A, 7, 8, 8A, 8B(1), 8C, 8E(1), 9, 9A, 10, 11, 12(1),
12A or 13.
[S393/2018wef11/06/2018]
[S590/2017wef20/10/2017]
Prohibition against specialised teaching or training
8E.—(1) A person in Singapore or a citizen of Singapore outside
Singaporemustnotprovideanyspecialisedteachingortrainingtoany
national of the Democratic People’s Republic of Korea if the
specialised teaching or training relates to disciplines which could
contribute to the Democratic People’s Republic of Korea’s
proliferation of sensitive nuclear activities, or to the development of
nuclear weapon delivery systems.
(2) The disciplines mentioned in paragraph (1) include advanced
physics, advanced computer simulation and related computer
sciences, geospatial navigation, nuclear engineering, aerospace
engineering, aeronautical engineering, advanced materials science,
advanced chemical engineering, advanced mechanical engineering,
advanced electrical engineering and advanced industrial engineering.
[S590/2017wef20/10/2017]
Prohibition against dealing with property of designated person
Singapore shall deal, directly or indirectly, in any property, funds or
Informal Consolidation – version in force from 11/6/2018
11 S 570/2010
other financial assets or economic resources that are owned or
controlled, directly or indirectly, by or on behalf of —
(a) a designated person;
(b) any entity owned or controlled by a designated person; or
(c) any individual or entity who acts on behalf of or under the
direction of a designated person,
including funds derived or generated from such property.
[S590/2017wef20/10/2017]
Prohibition against participating in joint ventures, etc.
9A. A person in Singapore or a citizen of Singapore outside
Singapore must not participate in any joint venture or any other
business arrangement, whether directly or indirectly, with —
(a) any individual or entity from the Democratic People’s
Republic of Korea;
(b) any entity owned or controlled by an individual or entity
mentioned in paragraph (a); or
(c) any individual or entity who acts on behalf of or under the
direction of an individual or entity mentioned in
paragraph (a).
[S590/2017wef20/10/2017]
Prohibition against provision of resources and services for
benefit of designated person
Singapore shall make available any funds or other financial assets or
economic resources, directly or indirectly, to, or for the benefit of —
(a) a designated person;
(b) any entity owned or controlled by a designated person; or
(c) any individual or entity who acts on behalf of or under the
direction of a designated person.
Informal Consolidation – version in force from 11/6/2018
S 570/2010 12
Prohibition against provision of bunkering services
Singapore shall provide bunkering services, supplies or servicing of
vessels to any flag vessels of the Democratic People’s Republic of
Korea if the person has information from the Maritime and Port
Authority of Singapore or other information that provides reasonable
grounds to believe that the vessel is carrying any designated items or
designated luxury goods in contravention of —
(a) regulation 5 or 6; or
(b) regulation 6 of the Regulation of Imports and Exports
Regulations (Cap. 272A, Rg 1).
Prohibition against provision of financial services and other
resources contributing to prohibited activity
12.—(1) A person in Singapore or a citizen of Singapore outside
Singapore must not, directly or indirectly —
(a) provide any financial services (including the granting of
export credits, guarantees or insurance); or
(b) transfer financial assets or resources, or other assets or
resources,
that may contribute to any prohibited activity.
(2) In proceedings for an offence under this regulation, it is not
necessary for the prosecution to prove that an accused knew or had
reasontobelievethattheprovisionoffinancialservices,orthetransfer
or financial assets or resources, or other assets or resources, may
contribute to any prohibited activity.
(3) However, it is a defence to the charge for an offence under this
regulation for the accused to prove, on a balance of probabilities, that
the accused did not know, and could not by the exercise of due
diligence have known, that the provision of financial services, or the
transfer of financial assets or resources, or other assets or resources,
may contribute to any prohibited activity.
Informal Consolidation – version in force from 11/6/2018
13 S 570/2010
(4) In this regulation, “prohibited activity” means —
(a) any nuclear-related, ballistic missile-related, or other
weapons of mass destruction-related programs or
activities of the Democratic People’sRepublic ofKorea;or
(b) anyactivity thatamounts toanoffence under paragraph (1)
or regulation 5, 5A, 6, 7, 8, 8A, 8B(1), 8C, 8D, 8E(1), 9,
9A, 10, 11 or 12A.
[S590/2017wef20/10/2017]
Prohibition against provision of financial services and other
resources for purposes of trade
12A. A person in Singapore or a citizen of Singapore outside
Singapore must not, directly or indirectly —
(a) provide any financial services (including the granting of
export credits, guarantees or insurance); or
(b) transfer financial assets or resources, or other assets or
resources,
to any person in, or who is a national of, the Democratic People’s
Republic of Korea for the purposes of trade.
[S590/2017wef20/10/2017]
General prohibition
Singapore shall knowingly do anything that —
(a) causes, assists or promotes; or
(b) is intended to cause, assist or promote,
anyactorthingprohibitedbyregulation5,5A,6,7,8,8A,8B(1),8C,
8D, 8E(1), 9, 9A, 10, 11, 12(1) or 12A.
[S590/2017wef20/10/2017]
Duty to provide information
14.—(1) Every person in Singapore and any citizen of Singapore
outside Singapore who —
Informal Consolidation – version in force from 11/6/2018
S 570/2010 14
(a) has possession, custody or control of any property
belonging to a designated person or any entity owned or
controlled by a designated person;
(b) has information about any transaction or proposed
transaction in respect of any property belonging to a
designated person or any entity owned or controlled by a
designated person; or
(c) has information about any transaction prohibited by
regulation 5, 6, 7 or 8,
shall —
(i) immediately inform the Commissioner of Police or any
authorised person of that fact or information; and
(ii) provide such further information relating to the property,
transactionorproposedtransactionastheCommissionerof
Police or authorised person may require.
(2) Nocriminalorcivilproceedingsshalllieagainstapersonforany
disclosure made in good faith under paragraph (1).
(3) In this regulation —
“authorised person” means such person as the Minister may
designate for the purposes of this regulation;
“Commissioner of Police” includes —
(a) any police officer; and
(b) any person authorised by the Commissioner of Police
to act for him for the purposes of this regulation.
Power to investigate
14A. AnypersondesignatedbytheMinisterforthepurposesofthis
regulation may investigate into any offence under these Regulations
andmayexercise,wheninvestigatinganysuchoffence,allthepowers
of a police officer under the Criminal Procedure Code (Cap. 68) in
relation to arrestable offences.
[S590/2017wef20/10/2017]
Informal Consolidation – version in force from 11/6/2018
15 S 570/2010
Power to seize, inspect, etc., vessels in certain cases
14B.—(1) Any person designated by the Minister for the purposes
of this regulation —
(a) must detain and take control and possession, and inspect
any vessel within a port within the meaning of section 2 of
the Maritime and Port Authority of Singapore Act
(Cap. 170A); and
(b) may detain and take control and possession, and inspect
any vessel that is otherwise within the territorial waters of
Singapore (but not a vessel belonging to the naval, military
or air forces of any country),
ifthepersonhasreasonablegroundstobelievethatthevesselwasoris
involved in any activity, or the transport of anything, prohibited by
regulation 5,5A, 6,6A,7,8,8A,8B(1), 8C,8D, 8E(1),9,9A, 10,11,
12(1), 12A or 13.
(2) In addition, any person designated by the Minister for the
purposes of this regulation must, in the case of a vessel liable to be
detained underparagraph (1)(a)andmay,inthecase ofavesselliable
to be detained under paragraph (1)(b), by order prohibit the owner of
any such vessel from doing, or allowing to be done, all or any of the
following:
(a) using, selling, mortgaging, transferring or leasing the
vessel;
(b) exchanging for funds, goods or services, the vessel;
(c) otherwise dealing with the vessel in any other way that
would result in any change in the location, ownership or
possession of the vessel;
(d) in relation to securities in or funds of that owner which is a
corporation, the sole or a substantial asset of which is that
vessel —
(i) using, altering, moving, allowing access to or
transferring any of the securities or funds;
(ii) dealing with the securities or funds in any other way
that would result in any change in volume, amount,
Informal Consolidation – version in force from 11/6/2018
S 570/2010 16
location, ownership, possession, character or
destination of any of the securities or funds; or
(iii) make any other change that would enable use
or funds.
(3) Sections 370, 371 and 372 of the Criminal Procedure Code
(Cap.68)relatingtothehandlingofpropertyseizedbyapoliceofficer
apply, with the necessary modifications, to any vessel detained by a
person designated under paragraph (1) as if any reference in those
sections to a police officer were a reference to the person designated
under paragraph (1).
[S393/2018wef11/06/2018]
Power to direct Singapore ship to proceed for inspection
15.—(1) Where any State, having information that provides
reasonable grounds to believe that the cargo of a Singapore ship on
the high seas contains designated items or designated luxury goods in
contravention of regulation 5 or 6, and wishes to inspect that ship, the
Director of Marine may —
(a) consent to that inspection by the appropriate authority of
that State if he is satisfied that such reasonable grounds
exist; or
(b) direct the Singapore ship to proceed to an appropriate and
convenient port for inspection by an appropriate authority
at that port.
(2) The owner and master of any Singapore ship which has been
directed under paragraph (1)(b) to proceed to a port for inspection
shall each take all reasonable steps to ensure that the ship complies
with that direction.
(3) No criminal or civil proceedings shall lie against the Director of
Marine in respect of any granting or refusal of consent or direction
given in good faith under paragraph (1).
Informal Consolidation – version in force from 11/6/2018
17 S 570/2010
Offences
16.—(1) Anypersonwhocontravenes regulation5,5A,6,6A,7,8,
8A,8B(1),8C,8D,8E(1),9,9A,10,11,12(1),12A,13,14(1)(i)or(ii)
or 15(2) shall be guilty of an offence.
[S590/2017wef20/10/2017]
[S393/2018wef11/06/2018]
(1A) An owner of any vessel who contravenes an order of a person
designated under regulation 14B(1) shall be guilty of an offence.
[S393/2018wef11/06/2018]
(2) It shall be a defence for a person charged with an offence in
respectofacontraventionofregulation14(1)(i)or(ii)toprovethathe
had a reasonable excuse for such contravention.
Forfeiture
17.—(1) A court may, on the application of the Attorney-General,
order that anything which has been proven to the court’s satisfaction
on a balance of probabilities to be a designated item or designated
luxury item that is —
(a) the subject of a contravention of regulation 5 or carried on
board any aircraft or ship in contravention of regulation 6;
or
(b) the subject of a contravention of regulation 6 of the
Regulation of Imports and Exports Regulations
(Cap. 272A, Rg 1),
shall be forfeited to the Government, and either destroyed or
otherwise dealt with in such manner as the court may order.
(2) In particular, the court may order —
(a) inthe case ofanything seized byan officer ofcustoms, that
the thing be dealt with as the Director-General thinks fit,
andinsuchacasetheDirector-Generalmaydirectthatitbe
destroyed or otherwise dealt with; or
(b) in any other case, that the thing be dealt with as the
Commissioner of Police thinks fit, and in such a case the
Commissioner of Police may direct that it be destroyed or
otherwise dealt with.
Informal Consolidation – version in force from 11/6/2018
S 570/2010 18
(3) The court may require notice to be given to any person who, in
the opinion of the court, appears to have an interest in the property to
be forfeited.
(4) Where —
(a) the court proposes to order any property to be forfeited
under this section; and
(b) a person claiming to have an interest in the property has
applied to be heard by the court,
the courtshall notorder theproperty tobe forfeited unless that person
hasbeengivenanopportunitytoshowcausewhytheordershouldnot
be made.
(5) The court may make an order of forfeiture notwithstanding that
no person has been charged with or convicted of an offence of
contravening regulation 5 or 6 of these Regulations or regulation 6 of
the Regulation of Imports and Exports Regulations in relation to the
property to be forfeited.
Exemption
18.—(1) TheMinisterorapersondesignatedbytheMinistermay,if
he considers that it is appropriate to do so in the circumstances of the
case and that it is consistent with the intention of the United Nations
Security Council under paragraph 9 of Resolution 1718 (2006), by
notice in writing exempt, subject to such conditions as he may
specify —
(a) any person or class of persons; or
(b) any activity or class of activities,
from regulation 9 or 10 or both.
(2) The Minister or a person designated by the Minister may, if he
considersthatitisappropriatetodosointhecircumstancesofthecase
and that it is consistent with the intention of the United Nations
Security Council under paragraph 17 of Resolution 1874 (2009), by
notice in writing exempt, subject to such conditions as he may
specify —
(a) any person or class of persons; or
Informal Consolidation – version in force from 11/6/2018
19 S 570/2010
(b) the provision of any supplies or service,
from regulation 11.
Made this 29th day of September 2010.
PANG KIN KEONG
Permanent Secretary,
Ministry of Law,
Singapore.
[LAW 15/007/11.2 V 3; AG/LLRD/SL/339/2005/1 Vol. 3]
(To be presented to Parliament under section 2(4) of the United
Nations Act).
Informal Consolidation – version in force from 11/6/2018
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