Countering Foreign Interference via Local Proxies – Provisions in the Foreign Interference (Countermeasures) Act Come into Force

The Foreign Interference (Countermeasures) Act (“FICA“) was passed in Parliament in October 2021 to enhance the Government’s ability to prevent foreign interference in domestic politics conducted through: (i) hostile information campaigns (“HICs“); and (ii) the use of local proxies. The provisions to counteract foreign interference via HICs had earlier come into force in July 2022. The provisions to counteract foreign interference via local proxies have now come into force on 29 December 2023. The Political Donations Act was also repealed on 29 December 2023, with existing obligations being ported over to the FICA.

The provisions to counteract foreign interference via local proxies include countermeasures on Politically Significant Persons (“PSPs“), dealing with donations, volunteers, leadership, membership, and affiliations.

(a)  Defined PSPs are subject to more stringent requirements on the reporting of donations, maintaining a separate bank account to receive political donations, disclosure of migration benefits by foreign governments, and disclosure of affiliations with a foreign principal, as well as prohibitions against receiving donations from impermissible donors, receiving anonymous donations of S$5,000 or more in a calendar year, and accepting any voluntary services from an individual who is not a citizen of Singapore.

(b)  Designated PSPs only need to disclose political donations and foreign affiliations, but may be subject to stepped-up countermeasures if there is a higher risk of foreign interference.

Apart from the countermeasures on PSPs, the FICA includes the following provisions:

(a)  Donors who make political donations of S$10,000 or more within a calendar year to a political party are required to submit donation reports to the Ministry of Home Affairs (“MHA“).

(b)  Singapore citizens who are members of foreign political or legislative bodies must declare their involvement in such bodies.

(c)  A Transparency Directive may be issued to any newspaper or media outlet to disclose the particulars of any foreign author and foreign principal at whose direction the article or programme is published. 

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