Public Consultation on the Regulation of Imports and Exports (Amendment) (RIEA Amendment) Bill

Introduction

1          The Ministry of Trade and Industry (MTI) and Singapore Customs (Customs) are seeking public feedback on the Regulation of Imports and Exports (Amendment) Bill (“Amendment Bill”). The public consultation period will be from 9 December 2024 to 7 February 2025.

2          The Amendment Bill seeks to establish a framework to regulate the issue of “trade information certificates”, which certify any matter in respect of any goods in connection with: i) the import into, export from, transhipment in, or transit through Singapore, of the goods; and ii) the manufacture, processing, or production of the goods in Singapore. Trade information certificates are documents or certifications used in international trade to facilitate transparency and compliance between trading partners. Examples of trade information certificates include (a) Certificates of Origin to certify the origin of the goods being exported; (b) Certificates of Non-Manipulation to certify that the goods have not undergone any manipulation during transit through Singapore; and (c) Certificates of Free Sale to certify that the goods are sold freely within Singapore’s market.

3          Additionally, the Amendment Bill would expand the scope for granting a search warrant to improve Customs’ operational effectiveness.

4          The draft Amendment Bill, along with an explanatory statement that summarises the proposed changes, can be found in Annex A. The key amendments are explained below.

Key Amendments

Providing a regulatory framework for trade information certificates

5          Amendments to provide for a framework to regulate the issuance of trade information certificates by authorised certificate issuers. Customs may impose and modify any condition in granting the authorisation of an authorised certificate issuer. Customs may also cancel or suspend the authorisation of an authorised certificate issuer (called “regulatory action”) in cases of non-compliance with relevant conditions or regulations. The amendments specify the process that Customs needs to observe (e.g., a written notice must be served) before modifying the conditions of an authorisation and taking regulatory action against an authorised certificate issuer. Existing authorised certificate issuers of certificates of origin will retain their authorisation following the entry into force of the Amendment Bill, without the need for a new application.

6           Introduction of a new offence provision to deter authorised certificate issuers from knowingly issuing trade information certificates containing false or misleading information, or tampering with a trade information certificate. This will safeguard the integrity of Singapore’s exports against deceptive practices on customs duties evasion and mischaracterisation of the product safety or validation. Penalties prescribed are aligned with similar offences regulated under the Regulation of Imports and Exports Act.

7          Introduction of a new offence provision to clarify that any manufacturer or exporter who issues a preferential certificate of origin is required to maintain proper and accurate records of issuance. Such records include copies of the documents that were relied upon for the issuance of the preferential certificate of origin, such as the commercial invoice, packing list, delivery note or bill of lading. The records must be maintained for the period that is specified in the preferential tariff arrangement or agreement. Penalties prescribed are aligned with similar offences regulated under the Regulation of Imports and Exports Act.

8          Amendments to safeguard the privacy and confidentiality of particulars, information or documents furnished for an application for a trade information certificate. Penalties prescribed for offenders are aligned with similar offences regulated under the Regulation of Imports and Exports Act.

9          Introduction of a framework or an avenue of appeal to the Minister against a decision of Customs, aligned with the existing mechanisms under the Regulation of Imports and Exports Act. The amendments will allow the Minister to delegate the hearing of appeals to a Second Minister, Minister of State or Parliamentary Secretary in the Ministry of Trade and Industry.

Improving Customs’ operational effectiveness in the investigation of offences

10          Amendments to expand the scope for granting a search warrant. Currently, Customs can apply to a Magistrate for a search warrant to enter premises to investigate offences under the Regulation of Imports and Exports Act. To do so, Customs is required to reasonably prove that the premises contain goods relevant to the investigation. The Amendment Bill proposes to include reasonable proof that the premises contain certain forms of evidence, such as books, documents, and records related to the potential offence.

11          Amendments to extend the power of a senior authorised officer to seize and investigate any goods based on reasonable grounds for suspecting that a false trade information certificate has been issued. This builds on existing power of seizure or investigation of suspicious goods provided under the Regulation of Imports and Exports Act.

Invitation to Provide Feedback

12          MTI and Customs invite businesses and members of the public to provide feedback on the various aspects of the Amendment Bill and other beneficial considerations by 7 February 2025. Feedback should be submitted via the form HERE.

13          Draft amendments are released only for the purpose of consultation and do not represent the final legislation. All submissions received during the consultation exercise will be reviewed thoroughly and, if accepted, may be incorporated into the Amendment Bill for introduction in Parliament.

14          All submissions received may be published and attributed to the respective respondent unless respondents expressly request MTI not to do so. As such, if respondents would like i) part or the whole submission, and/or ii) their identity, to be kept confidential, please state so in the submission. MTI reserves the right not to publish any submissions that are deemed as contrary to public interest, such as libellous or offensive statements.

Annex A - Regulation of Imports and Exports (Amendment) Bill