Key Legislative and Regulatory Developments in … · Key Legislative and Regulatory Developments...

CLIENT UPDATE2015 JANUARY

© Rajah & Tann Singapore LLP1

Key Legislative and RegulatoryDevelopments in Singapore for theYear 2014This Update provides a brief summary of the key statutory and regulatorythe year 2014.

General

Protection from Harassment

The Protection from Harassment Act15 November 2014protection of persons against harassment ansuch as cyber bullying and unlawful stalking, by providing a range ofself-help and civil remedies as well as imposing criminal liability onperpetrators who engage in such behaviour.

Most of the offences relating to harassment andwere previously covered by the Miscellaneous Offences (Pand Nuisance) Act (“as well as introduced a new one, unlawful stalking, under aconsolidated legislation. With this, tMOA had been repealed, and the common law tort of harassment hadbeen abolished. With this change, all civil proceedings for harassmentwill now be brought under the new Act.

Online harassment is a growing phenomenon with potentially seriousconsequences. Recently, a video of a tourist begging for a refund at aSim Lim Square mobile phone shop led to selfposting personal information and photos of the sChew (“Jover”). They encouraged others to make prank calls, or evenshow up at Jover’s residence. These actions could constitute breachesof the Act.

For an overview of the structure of the Act, please refer to our Firm'sUpdate.

Prevention of Human Trafficking

The Prevention of Human Trafficking Bill was passed in Parliament on3 November 2014. Thewas gazetted on 29 December 2014 but no commencement date hasbeen fixed yet. The Act criminalises trafficking in persons (related activities and is intended to constitute a dedicated antilegislation targeting TIP and related activities.

The definitions of the various forms of exploitation of traffickedvictims are largely

CLIENT UPDATEJANUARY

Singapore LLP

Key Legislative and RegulatoryDevelopments in Singapore for theYear 2014This Update provides a brief summary of the key statutory and regulatory

Protection from Harassment

The Protection from Harassment Act (“Act”) came into operation on15 November 2014. The legislation was enacted to enhance theprotection of persons against harassment and anti-social behavioursuch as cyber bullying and unlawful stalking, by providing a range of

help and civil remedies as well as imposing criminal liability onperpetrators who engage in such behaviour.

Most of the offences relating to harassment and anti-social behaviourwere previously covered by the Miscellaneous Offences (Public Orderand Nuisance) Act (“MOA”). The new Act has extended these offencesas well as introduced a new one, unlawful stalking, under aconsolidated legislation. With this, the corresponding offences in theMOA had been repealed, and the common law tort of harassment hadbeen abolished. With this change, all civil proceedings for harassmentwill now be brought under the new Act.

Online harassment is a growing phenomenon with potentially seriousconsequences. Recently, a video of a tourist begging for a refund at aSim Lim Square mobile phone shop led to self-styled online vigilantesposting personal information and photos of the shop owner Jover

). They encouraged others to make prank calls, or evenshow up at Jover’s residence. These actions could constitute breaches

For an overview of the structure of the Act, please refer to our Firm's

Prevention of Human Trafficking

The Prevention of Human Trafficking Bill was passed in Parliament on3 November 2014. The Prevention of Human Trafficking Act (“Act”)was gazetted on 29 December 2014 but no commencement date hasbeen fixed yet. The Act criminalises trafficking in persons (“TIP”) andrelated activities and is intended to constitute a dedicated anti-TIPlegislation targeting TIP and related activities.

The definitions of the various forms of exploitation of traffickedlargely based on relevant international treaties to which

Key Legislative and RegulatoryDevelopments in Singapore for the

This Update provides a brief summary of the key statutory and regulatory developments in Singapore for

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Singapore is a party, and the Model Law against Traffickindeveloped by the United Nations Office on Drugs and Crime. Theelements of the offence of TIP are based on article 3(a) of the Protocolto Prevent, Suppress and Punish Trafficking in Persons, especiallyWomen and Children, Supplementing the UAgainst Transnational Organised Crime. TIP is genderconsent of the trafficked victim (or of the parent or guardian, if thevictim is a child) is immaterial in determining whether the offence ismade out.

Transboundary Haze Pollution

The Transboundary Haze Pollution Bill was passed in Parliament on 5August 2014. The Transboundary Haze Pollution Actinto operation on 25 September 2014criminal and civil liability on entitto haze pollution in Singapore. The Act imposes both civil andcriminal liability when haze levels in Singapore pass a threshold of thePollutant Standards Index (PSI) of 101 or higher, for a lasting period of24 hours or more. The Act covers conduct occurring both within andoutside of Singapore, which is crucial in tackling the transboundarynature of the haze pollution problem.

For more information on the Transboundary Haze Pollution Act,please refer to the F

Capital Market

Consultations on minimum trading price and enhanced enforcementframework to strengthen

On 17 September 2014, the Singapore Exchange (consultation papers on the introduction of minimum trading price andthe enhancement of SGX’s enforcement powers, respectively. On thefirst consultation paper, SGX has proptrading price (“MTP(including real estate investment trusts and business trusts). Issuersthat fail to record a 6(“VWAP”) of S$0.20 or above at each oreview dates (being the first market day of March, June, Septemberand December) will be placed on the watchuntil their trading activities improve and meet the conditions to exitthe watch-list. In lrequirement and its designation as one of the criteria for entry into thewatch-list, the SGX proposes to adjust the watchrequirements to rationalisand exit criteria. SGX targets to introduce the MTP requirement andadjustments to the existing watchand for them to take effect from March 2016.

The other consultation paper dealt with the enhancement of SGX’senforcement powers. In this regard, it has been proposed that SGX’srange of enforcement powers be widened to include, amongst others:(i) requiring issuers to obtain SGX’s prior approval, for a period notexceeding 3 years,


Singapore LLP

Singapore is a party, and the Model Law against Trafficking in Personsdeveloped by the United Nations Office on Drugs and Crime. Theelements of the offence of TIP are based on article 3(a) of the Protocolto Prevent, Suppress and Punish Trafficking in Persons, especiallyWomen and Children, Supplementing the United Nations ConventionAgainst Transnational Organised Crime. TIP is gender-neutral and theconsent of the trafficked victim (or of the parent or guardian, if thevictim is a child) is immaterial in determining whether the offence is

ndary Haze Pollution

The Transboundary Haze Pollution Bill was passed in Parliament on 5August 2014. The Transboundary Haze Pollution Act (“Act”) came

25 September 2014. Broadly, the law imposescriminal and civil liability on entities directly or indirectly contributingto haze pollution in Singapore. The Act imposes both civil andcriminal liability when haze levels in Singapore pass a threshold of thePollutant Standards Index (PSI) of 101 or higher, for a lasting period of

urs or more. The Act covers conduct occurring both within andoutside of Singapore, which is crucial in tackling the transboundarynature of the haze pollution problem.

For more information on the Transboundary Haze Pollution Act,please refer to the Firm’s Update here.

Capital Markets

Consultations on minimum trading price and enhanced enforcementframework to strengthen securities market

On 17 September 2014, the Singapore Exchange (“SGX”) issued twoconsultation papers on the introduction of minimum trading price andthe enhancement of SGX’s enforcement powers, respectively. On thefirst consultation paper, SGX has proposed to introduce a minimum

MTP”) of S$0.20 for Mainboard-listed stocks(including real estate investment trusts and business trusts). Issuersthat fail to record a 6-month volume-weighted average price

”) of S$0.20 or above at each of the quarterly watch-listreview dates (being the first market day of March, June, Septemberand December) will be placed on the watch-list for at least six monthsuntil their trading activities improve and meet the conditions to exit

list. In light of the proposed introduction of the MTPrequirement and its designation as one of the criteria for entry into the

list, the SGX proposes to adjust the watch-list entry and exitrequirements to rationalise the watch-list criteria with the MTP entryand exit criteria. SGX targets to introduce the MTP requirement andadjustments to the existing watch-list requirements by March 2015,and for them to take effect from March 2016.

The other consultation paper dealt with the enhancement of SGX’sement powers. In this regard, it has been proposed that SGX’s

range of enforcement powers be widened to include, amongst others:(i) requiring issuers to obtain SGX’s prior approval, for a period not

years, for the appointments of directors or executive

Contacts:

Cheng Yoke PingPartnerCapital Markets

D (65) 6232 0265F (65) 6428 [email protected]

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officers in specifiedrequire the appointment of special auditors and compliance advisers toinclude appointment of other independent professionals, includinglegal advisers. SGX also intends to establish three new committeeswhich will focus on listing applications and breaches of listing rules.These three committees are the Listings Advisory Committee, theListings Disciplinary Committee and the Listings Appeals CommitSGX intends to implement these proposed amendments by the firstquarter of 2015.

The consultations have closed. SGX will issue its responses to thefeedback from the stakeholders in due course.

The proposals are discussed in more detail in our Firm’s Update whichcan be accessed here

Proposals to enhance REIT regulatory regime

On 9 October 2014,issued a consultation paper (“proposals to strengthen Singapore’s real estate investment trust(“REIT”) market. These proposals are geared towards enhancing thetransparency and corporate governance of the REIT market andimprove its attractiveness to issuers and investors. The key proposalsin the Consultation Paper include: (i) imposing a statutory duty on theREIT manager and its individual directors to prioritise the interests ofthe unitholders over those of the REITthe event of a conflict of interest; (ii) enhancement of Boardindependence requirements; (iii) disclosure in the REIT’s annualreport of (a) the remuneration policies and procedure for settingremuneration of directors andof each individual director and Chief Executive Officer, on a namedbasis, and (c) at least the top five key executive officers of the REITmanager, on a named basis, in bands of S$250,000; (iv) requiring theperformance fee payable to the REIT manager to be computed takinginto account the unitholders’ longacquisition and divestment fees to be on a “cost recovery” basis and (v)adopting a single-tier leverage limit of 45% without ta credit rating and allowing a REIT to undertake developmentactivities up to 25% of its deposited properties.

The consultation has closed. MAS will issue its responses to thefeedback from the stakeholders in due course.

Click here to refer to our Firm’s Update on the proposedenhancements to REIT regulatory regime.

Corporate

Changes to the Companies Act

The Companies (Amendment) Bill, introduced in Parliament on 8September 2014, was passed on 8 October 2014. The Companies(Amendment) Act (commencement date has been specified yet. The scope of the changesin the Act is wide-ranging, covering issues relevant to shares, directors,


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specified circumstances; and (ii) extension of power torequire the appointment of special auditors and compliance advisers toinclude appointment of other independent professionals, including

ers. SGX also intends to establish three new committeeswhich will focus on listing applications and breaches of listing rules.These three committees are the Listings Advisory Committee, theListings Disciplinary Committee and the Listings Appeals Committee.SGX intends to implement these proposed amendments by the first

The consultations have closed. SGX will issue its responses to thefeedback from the stakeholders in due course.

The proposals are discussed in more detail in our Firm’s Update whichhere.

to enhance REIT regulatory regime

On 9 October 2014, the Monetary Authority of Singapore (“MAS”)issued a consultation paper (“Consultation Paper”) containingproposals to strengthen Singapore’s real estate investment trust

”) market. These proposals are geared towards enhancing thetransparency and corporate governance of the REIT market andimprove its attractiveness to issuers and investors. The key proposalsin the Consultation Paper include: (i) imposing a statutory duty on theREIT manager and its individual directors to prioritise the interests ofthe unitholders over those of the REIT manager and its shareholders inthe event of a conflict of interest; (ii) enhancement of Boardindependence requirements; (iii) disclosure in the REIT’s annualreport of (a) the remuneration policies and procedure for settingremuneration of directors and executive officers; (b) the remunerationof each individual director and Chief Executive Officer, on a namedbasis, and (c) at least the top five key executive officers of the REITmanager, on a named basis, in bands of S$250,000; (iv) requiring the

mance fee payable to the REIT manager to be computed takinginto account the unitholders’ long-term interests and the payment ofacquisition and divestment fees to be on a “cost recovery” basis and (v)

tier leverage limit of 45% without the requirement ofa credit rating and allowing a REIT to undertake developmentactivities up to 25% of its deposited properties.

The consultation has closed. MAS will issue its responses to thefeedback from the stakeholders in due course.

to refer to our Firm’s Update on the proposedenhancements to REIT regulatory regime.

Changes to the Companies Act

The Companies (Amendment) Bill, introduced in Parliament on 8was passed on 8 October 2014. The Companies

(Amendment) Act (“Act”) was gazetted on 1 December 2014 but nocommencement date has been specified yet. The scope of the changes

ranging, covering issues relevant to shares, directors,

Evelyn WeePartnerDeputy Head, Corporate &Transactional PracticeHead, Capital Markets


Contact:

Terence QuekPartnerCorporate Commercial


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meetings, accounts and auditing, company registration and manymore. Some of the key amendments include the following: (i)providing for multiple proxies (for shareholders providing custodial ornominee services) to enable indirect investors to participate ishareholders' meetings; (ii) abolition of the onerestriction in public companies; (iii) reducing the scope of the financialassistance prohibition; (iv) introduction of new "small company"criteria for exemption from the statutory obligataccounts audited; (v) the Accounting and Corporate RegulatoryAuthority's Register becoming the definitive register of members forprivate companies, and the definitive register of directors, chiefexecutive officers, secretaries and auditocompanies; and (vi) granting the Registrar of Companies the power todebar any director or company secretary of a company which has failedto meet statutory deadlines for lodging documents by more than 3months.

Business Names Registration

The Business Names Registration Bill, introduced in Parliament on 8September 2014, was passed on 8 October 2014. The Business NamesRegistration Act (“ActMinister may appoint. It repealsBusiness Registration Act. The law aims to streamline the process forthe registration of persons and their business names, and reduceregulatory burden on business owners in registering their respectivebusinesses. The key features of the Act include: (i) requiring a personcarrying on business in Singapore to be registered in respect of eachbusiness name under which the person carries on business; (ii)exempting registration when individuals carry on business only undertheir full names; and (iii) preventing disclosure by the Registrar ofBusiness Names (“address if a valid alternate address is maintained with the Registrar.

Dispute Resolution Facilities

Establishment of the Singapore International Commercial Court

The Singapore International Commerciallaunched on 5 January 2015High Court and part of the Supreme Court of Singapore. It dealsprimarily with international commercial disputes. SICC proceedingswill generally take placeproceedings to be heard confidentially. In general, decisions of theSICC will be appealable to the Court of Appeal, although parties areallowed to contractually exclude or limit this right of appeal. Theexisting Supreme Court judges and International Judges drawn fromkey jurisdictions around the world comprise the panel of SICC judges.

The SICC - the first of its kind in Asiaas a dispute resolution hub, together with the SingArbitration Centre, established in 1991, and the SingaporeInternational Mediation Centre launched in November last year.

The pertinent features of the SICC, as well as what parties should knowabout dispute resolution before the SICC,in the Firm’s Update


Singapore LLP

tings, accounts and auditing, company registration and manymore. Some of the key amendments include the following: (i)providing for multiple proxies (for shareholders providing custodial ornominee services) to enable indirect investors to participate inshareholders' meetings; (ii) abolition of the one-share-one voterestriction in public companies; (iii) reducing the scope of the financialassistance prohibition; (iv) introduction of new "small company"criteria for exemption from the statutory obligation to have itsaccounts audited; (v) the Accounting and Corporate RegulatoryAuthority's Register becoming the definitive register of members forprivate companies, and the definitive register of directors, chiefexecutive officers, secretaries and auditors for both private and publiccompanies; and (vi) granting the Registrar of Companies the power todebar any director or company secretary of a company which has failedto meet statutory deadlines for lodging documents by more than 3

es Registration

The Business Names Registration Bill, introduced in Parliament on 8September 2014, was passed on 8 October 2014. The Business Names

Act”) will come into operation on such date as theMinister may appoint. It repeals and re-enacts with amendments theBusiness Registration Act. The law aims to streamline the process forthe registration of persons and their business names, and reduceregulatory burden on business owners in registering their respective

y features of the Act include: (i) requiring a personcarrying on business in Singapore to be registered in respect of eachbusiness name under which the person carries on business; (ii)exempting registration when individuals carry on business only undertheir full names; and (iii) preventing disclosure by the Registrar ofBusiness Names (“Registrar”) of a registered person’s residentialaddress if a valid alternate address is maintained with the Registrar.

Dispute Resolution Facilities

Establishment of the Singapore International Commercial Court

The Singapore International Commercial Court (“SICC”) was officially5 January 2015. The SICC is a division of the Singapore

High Court and part of the Supreme Court of Singapore. It dealsprimarily with international commercial disputes. SICC proceedingswill generally take place in open court, but parties may apply forproceedings to be heard confidentially. In general, decisions of theSICC will be appealable to the Court of Appeal, although parties areallowed to contractually exclude or limit this right of appeal. The

g Supreme Court judges and International Judges drawn fromkey jurisdictions around the world comprise the panel of SICC judges.

the first of its kind in Asia - will help to position Singaporeas a dispute resolution hub, together with the Singapore InternationalArbitration Centre, established in 1991, and the SingaporeInternational Mediation Centre launched in November last year.

The pertinent features of the SICC, as well as what parties should knowabout dispute resolution before the SICC, are discussed in more detailin the Firm’s Update here.

Contacts:

Leong Kah WahPartnerHead, Dispute Resolution


http://eoasis.rajahtann.com/eoasis/gn/at.asp?pdf=../lu/pdf/2015-01-SICC.pdf&module=LU&topic=LU000889&sec=b



Launch of the Singapore International Mediation Centre

The Singapore International Mediation Centre (launched on 5 November 2014commercial disputes. It has a panel of mediators comprisingexperienced and respected mediators drawn from Africa, Asia,Australasia, Europe as well as North and South America.

One of the significant innovations of tArbitration-Mediationprocess that is jointly administered by the Singapore InternationalArbitration Centre, a dispute may first be referred to arbitration andthen held in abeyance while mediation is attempted. If the mediationresults in a settlement, the dispute reverts to arbitration for a consentaward. A consent award is generally accepted as an arbitral award andenforceable in approximately 150 countries under the New YorConvention. If the parties are unable to settle their dispute throughmediation, they may continue with the arbitration proceedings.

Family Justice Courts officially opened

The Family Justice Courts (October 2014, pursuant to the Family Justice Act which came intooperation on the same date. The FJCs werefamilies resolve their disputes effectively and with a view tominimising the stress and acrimony typically associated with familydisputes. This was one of the key recommendations made by theCommittee for Family Justice tasked to studreforms to Singapore's family justice system. The new FJCs comprisethe Family Courts and the Juvenile Courts, which has been renamed"Youth Courts", and the Family Division of the High Court. The FamilyCourts carry out the functiCourts and Magistrates' Courts in the Family and Juvenile JusticeDivision of the State Courts. They hear all family proceedings exceptcases under the Children and Young Persons Act, which are now heardby the Youth Courts. The Family Division of the High Court hearsappeals against decisions of the Family Courts and the Youth Courts.By bringing together all familyumbrella of courts, the courts would be better equipped to resolvedisputes from the perspective of familieconcerned

Subordinate Courts Renamed State Courts

The Subordinate Courts had been renamed as the State Courts witheffect from 7 March 2014Directions were likewise amended.

Employment Law

Amendment of the Employment Act

A substantial number of provisions of the Employment, Parental Leaveand Other Measures Act (“Act amends the Employment Act (“increasing the scope


Singapore LLP

Launch of the Singapore International Mediation Centre

The Singapore International Mediation Centre (“SIMC”) was officially5 November 2014 to focus on mediating international

commercial disputes. It has a panel of mediators comprisingexperienced and respected mediators drawn from Africa, Asia,Australasia, Europe as well as North and South America.

One of the significant innovations of the SIMC is the provision of anMediation-Arbitration (AMA) service. In this three-stage

process that is jointly administered by the Singapore InternationalArbitration Centre, a dispute may first be referred to arbitration and

ance while mediation is attempted. If the mediationresults in a settlement, the dispute reverts to arbitration for a consentaward. A consent award is generally accepted as an arbitral award andenforceable in approximately 150 countries under the New YorkConvention. If the parties are unable to settle their dispute throughmediation, they may continue with the arbitration proceedings.

Family Justice Courts officially opened

The Family Justice Courts (“FJCs”) were officially opened on 1, pursuant to the Family Justice Act which came into

operation on the same date. The FJCs were established to helpfamilies resolve their disputes effectively and with a view tominimising the stress and acrimony typically associated with familydisputes. This was one of the key recommendations made by theCommittee for Family Justice tasked to study and recommend possiblereforms to Singapore's family justice system. The new FJCs comprisethe Family Courts and the Juvenile Courts, which has been renamed"Youth Courts", and the Family Division of the High Court. The FamilyCourts carry out the functions previously performed by the DistrictCourts and Magistrates' Courts in the Family and Juvenile JusticeDivision of the State Courts. They hear all family proceedings exceptcases under the Children and Young Persons Act, which are now heard

h Courts. The Family Division of the High Court hearsappeals against decisions of the Family Courts and the Youth Courts.By bringing together all family-related work under a specialisedumbrella of courts, the courts would be better equipped to resolvedisputes from the perspective of families and the individuals

Subordinate Courts Renamed State Courts

The Subordinate Courts had been renamed as the State Courts with7 March 2014. The relevant legislation and Practicere likewise amended.

Employment Law

Amendment of the Employment Act

number of provisions of the Employment, Parental Leaveand Other Measures Act (“Act”) came into effect on 1 April 2014. TheAct amends the Employment Act (“EA”) with respect to greatly

scope of its protection. Specifically, the provisions of

Danny OngPartnerDeputy Head, Dispute Resolution


K. Muralidharan PillaiPartnerHead, Commercial Litigation




the EA (apart from Part IV of the EA which makes provisions for timebased conditions of employment) have been extended to cover personsemployed in a professional, managerial or executive position(“PMEs”) earning a monthly salary of up tois that PMEs are now covered under the general provisions of the EA,including those which relate to redress against unfair dismissal, asopposed to before, whereby PMEs were only granted very limitedprotection by the EA. The salaclerks and sales staff covered under Part IV of the EA has also beenincreased from a basic monthly salary of S$2,000 to S$2,500.

Another key feature of the Act pertains to the minimum employmentperiod before an emplominimum period will be reduced from 3 years to 2 years from2015.

Fair Consideration Framework

From 1 August 2014applications were required to advertiseJobs Bank administered by Singapore’s Workforce DevelopmentAgency for at least 14 days. This requirement is part of the SingaporeGovernment’s Fair Consideration Framework, aimed at ensuring thatcompanies consider Singaporforeigners, particularly at the managerial and executive level, and toput in place fair employment, hiring and staff development practicesthat are open, merit

Apart from the requicompanies are also expected to comply with the Tripartite Guidelineson Fair Employment Practices. In particular, companies are requiredto attract and consider Singaporeans for job positions on merit, and totrain and develop potential and careers of Singaporean employees.

Click here to refer to our Firm’s Update on the Fair ConsiderationFramework.

Industrial relations: representation of executive employees forcollective bargaining

The Industrial Relations (Amendment) Bill was passed on 192015. The Industrial Relations (Amendment) Act (“update the current Industrial Relproportion of PMEs in the workforce. The amendments are aimed atthe following main purposes: (i) to allow trade unions of employees themajority of whose membership consists of non(called rank-and-file trade unions) to represent executive employeesfor collective bargainingresponsibilities; and (ii) to extend the areas where rankunions can represent executive employees on an individual basis toinclude re-employment disputes. The Industrial (Amendment) Act isexpected to take effect on or after 1 April 2015.

In this regard, the Ministry of Manpower, the National Trades UnionCongress and the


Singapore LLP

the EA (apart from Part IV of the EA which makes provisions for time-based conditions of employment) have been extended to cover personsemployed in a professional, managerial or executive position

”) earning a monthly salary of up to S$4,500. What this meansis that PMEs are now covered under the general provisions of the EA,including those which relate to redress against unfair dismissal, asopposed to before, whereby PMEs were only granted very limitedprotection by the EA. The salary threshold for non-workmen such asclerks and sales staff covered under Part IV of the EA has also beenincreased from a basic monthly salary of S$2,000 to S$2,500.

Another key feature of the Act pertains to the minimum employmentperiod before an employee can request for retrenchment benefits. Thisminimum period will be reduced from 3 years to 2 years from 1 April

Fair Consideration Framework

1 August 2014, companies seeking to make employment passapplications were required to advertise job vacancies on a new nationalJobs Bank administered by Singapore’s Workforce DevelopmentAgency for at least 14 days. This requirement is part of the SingaporeGovernment’s Fair Consideration Framework, aimed at ensuring thatcompanies consider Singaporeans fairly for job vacancies before hiringforeigners, particularly at the managerial and executive level, and toput in place fair employment, hiring and staff development practicesthat are open, merit-based and non-discriminatory.

Apart from the requirement to advertise on the national Jobs Bank,companies are also expected to comply with the Tripartite Guidelineson Fair Employment Practices. In particular, companies are requiredto attract and consider Singaporeans for job positions on merit, and totrain and develop potential and careers of Singaporean employees.

to refer to our Firm’s Update on the Fair Consideration

Industrial relations: representation of executive employees forcollective bargaining

The Industrial Relations (Amendment) Bill was passed on 19 January. The Industrial Relations (Amendment) Act (“Act”) seeks to

update the current Industrial Relations Act, in view of the increasingproportion of PMEs in the workforce. The amendments are aimed atthe following main purposes: (i) to allow trade unions of employees themajority of whose membership consists of non-executive employees

file trade unions) to represent executive employeesbargaining except executive employees with specific

responsibilities; and (ii) to extend the areas where rank-and-file tradeunions can represent executive employees on an individual basis to

employment disputes. The Industrial (Amendment) Act isexpected to take effect on or after 1 April 2015.

In this regard, the Ministry of Manpower, the National Trades UnionSingapore National Employers Federation released

Contacts:

Kala AnandarajahPartnerHead, Competition &Antitrust and TradeEmployment & ExecutiveCompensation


Desmond WeePartnerHead, Corporate CommercialEmployment & ExecutiveCompensation


http://eoasis.rajahtann.com/eoasis/gn/at.asp?pdf=../lu/pdf/2014-07-Fair-Consideration(2).pdf&module=LU&topic= LU000858&sec=b



two sets of Guidelines (see below) to help unions and employers adaptto the changes that the Act will bring abooperation concurrently with the Industrial (Amendment) Act.

Tripartite Guidelines on Extending the Scope of Union Representationfor Executives

The Tripartite Guidelines on Extending the Scope of UnionRepresentation for Executicollective representation, union membership and leadership, and alsoallows them to be represented by rankworkplace. However, to avoid conflict of interest and the underminingof management effectiveness, executives with certain responsibilitiesare excluded from representation by the unions. These include (i)executives in senior management positions or those who have controland supervision of major business operations; (ii) employeesthe power to hire, terminate or discipline employees; and (iii) thosewho have access to confidential information in relation to theemployer.

Tripartite Guidelines on Expanding the Scope of LimitedRepresentation for Executives

The Tripartite Guidelines on Expanding the Scope of LimitedRepresentation for Executives allowbeen accorded recognition to collectively represent rankemployees to represent its executive members individually, and not asa class, for disputes in these areas: (i) retrenchment benefits; (ii)dismissal; (ii) breach of individual contract; (iii) victimisation; and (iv)re-employment.

Re-employment ceiling age to be raised from 65 to 67

On 29 September 2014, the Ministry ofTripartite Advisory on Re67. The Advisory encourages employers to proactively plan for and reemploy as many as their older employees between 65 and 67 years aspossible in suitable jobs with recurrent re-employment age

Issuance of itemised payslips

On 13 January 2014, the Ministry of Manpower (“tripartite partners issued a set of Tripartite Guidelines onItemised Payslips. This seeks to guide employers in issuing payslipsthat must itemise the employees’ salary components such as the basicsalary, allowances, overtime pay, net salary and employer’s CPFcontribution. The payslips also serve tosalaries and facilitate the resolution of any salary dispute. The MOMintends to make the practice of itemised payslips compulsory withinthe next two years for all employers.

Issuance of Key Employment Terms (KETs) in Writing

On 16 December 2014,Tripartite Guidelines


Singapore LLP

two sets of Guidelines (see below) to help unions and employers adaptto the changes that the Act will bring about. They will come intooperation concurrently with the Industrial (Amendment) Act.

Tripartite Guidelines on Extending the Scope of Union Representation

The Tripartite Guidelines on Extending the Scope of UnionRepresentation for Executives allows executives to be eligible forcollective representation, union membership and leadership, and alsoallows them to be represented by rank-and-file trade unions at theworkplace. However, to avoid conflict of interest and the undermining

ment effectiveness, executives with certain responsibilitiesare excluded from representation by the unions. These include (i)executives in senior management positions or those who have controland supervision of major business operations; (ii) employees who havethe power to hire, terminate or discipline employees; and (iii) thosewho have access to confidential information in relation to the

Tripartite Guidelines on Expanding the Scope of LimitedRepresentation for Executives

Guidelines on Expanding the Scope of LimitedRepresentation for Executives allows rank-and-file unions which havebeen accorded recognition to collectively represent rank-and-fileemployees to represent its executive members individually, and not as

s, for disputes in these areas: (i) retrenchment benefits; (ii)dismissal; (ii) breach of individual contract; (iii) victimisation; and (iv)

employment ceiling age to be raised from 65 to 67

On 29 September 2014, the Ministry of Manpower released theTripartite Advisory on Re-employment of Employees from Age 65 to67. The Advisory encourages employers to proactively plan for and re-employ as many as their older employees between 65 and 67 years aspossible in suitable jobs with reasonable terms and conditions. The

employment age ceiling in Singapore is 65 years.

Issuance of itemised payslips

On 13 January 2014, the Ministry of Manpower (“MOM”) and thetripartite partners issued a set of Tripartite Guidelines on Issuance ofItemised Payslips. This seeks to guide employers in issuing payslips

e the employees’ salary components such as the basicsalary, allowances, overtime pay, net salary and employer’s CPFcontribution. The payslips also serve to document receipt of thesalaries and facilitate the resolution of any salary dispute. The MOMintends to make the practice of itemised payslips compulsory withinthe next two years for all employers.

Issuance of Key Employment Terms (KETs) in Writing

On 16 December 2014, MOM and the tripartite partners issued a set ofGuidelines on the Issuance of Key Employment Terms



(“KETs”) in Writing (“Guidelines follows from the announcement by thfor Manpower, Mr Tan Chuanthe issuance of itemised payslips, MOM will impose on all employers amandatory obligation to provide their employees with written keyemployment terms (such as salaworking hours, etc). The issuance of KETs will be made mandatory inthe first half of 2016.

An Update was issued discussing in more detail the KET Guidelines.To view this Update, click

Employment Tribunals

2014 also saw the idea of employment tribunals being mooted, andplans have been made to make this a reality in 2015. The proposedEmployment Claims Tribunal will be ready in 2015 to help PMEsearning more than S$4,500 a month settle disputes with theiremployers as well as to minimise the incidence of disputes. TheTribunal will provide workers with an expeditious and affordablemechanism for dispute resolution, regardless of their salary levels orunion membership.

Intellectual Property and Technology

Amendments to Copyright Act to address Online Piracy

The Copyright (Amendment) Act (“December 2014. The Act aims to protect copyright owners againstpirate websites through judicial measures. The most significant ofthesenew measures allows content rights holders to apply directly to thecourts for an injunction to block sites which “clearly and flaginfringe copyright. The Act provides for a nonto help define a “flagrantly infringing online location”. One such factorwould be whether the website’s primary function is to commit orfacilitate copyright infringement, odemonstrates a disregard for copyright.

The key features of the Act are discussed in more detail in the Firm’sUpdate here.

A new and enhanced regime for the protection of GeographicalIndications in Singapore

The Geographical IndicationsMarch 2014, was passed on 14 April 2014. The GeographicalIndications Act (“ActMinister may appoint. It repealed and reGeographical Indications Actprotection of geographical indications (“the legislation is part of Singapore’s commitments under the recentlyconcluded European UnionSFTA”). One of the


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”) in Writing (“KET Guidelines”). The issuance of the KETGuidelines follows from the announcement by the then Acting Ministerfor Manpower, Mr Tan Chuan-Jin on 24 April 2014 that, together withthe issuance of itemised payslips, MOM will impose on all employers amandatory obligation to provide their employees with written keyemployment terms (such as salary, duties and responsibilities, andworking hours, etc). The issuance of KETs will be made mandatory inthe first half of 2016.

An Update was issued discussing in more detail the KET Guidelines.To view this Update, click here.

Employment Tribunals

2014 also saw the idea of employment tribunals being mooted, andplans have been made to make this a reality in 2015. The proposedEmployment Claims Tribunal will be ready in 2015 to help PMEsearning more than S$4,500 a month settle disputes with theiremployers as well as to minimise the incidence of disputes. TheTribunal will provide workers with an expeditious and affordable

anism for dispute resolution, regardless of their salary levels or.

Intellectual Property and Technology

Amendments to Copyright Act to address Online Piracy

The Copyright (Amendment) Act (“Act”) came into operation on 10. The Act aims to protect copyright owners against

pirate websites through judicial measures. The most significant of

new measures allows content rights holders to apply directly to thecourts for an injunction to block sites which “clearly and flagrantly”infringe copyright. The Act provides for a non-exhaustive list of factorsto help define a “flagrantly infringing online location”. One such factorwould be whether the website’s primary function is to commit orfacilitate copyright infringement, or whether the owner of the websitedemonstrates a disregard for copyright.

The key features of the Act are discussed in more detail in the Firm’s

A new and enhanced regime for the protection of GeographicalIndications in Singapore

The Geographical Indications Bill, introduced in Parliament on 5March 2014, was passed on 14 April 2014. The Geographical

Act”) will come into operation on such date as theMinister may appoint. It repealed and re-enacted the previousGeographical Indications Act to enhance the existing regime for the

geographical indications (“GIs”). The enhancement ofthe legislation is part of Singapore’s commitments under the recently-concluded European Union-Singapore Free Trade Agreement (“US-

the key enhancements is the establishment of a

Contacts:

Lau Kok KengPartnerHead, Intellectual Property,Sports and Gaming


Wendy LowPartnerIntellectual Property,Entertainment & Media


Nicholas LauwPartnerIntellectual Property,Entertainment & Media


http://eoasis.rajahtann.com/eoasis/gn/at.asp?pdf=../lu/pdf/2014-12-MOM-Releases-KET-Guidelines.pdf&module=LU&topic=LU000887&sec=b

http://eoasis.rajahtann.com/eoasis/gn/at.asp?pdf=../lu/pdf/2014-07-Amendments-Copyright-Act(1).pdf&module=LU&topic=LU000853&sec=b



Registry of GIs under the Intellectual Property Office of Singapore.Another key feature of the Act relates to actions that may be broughtby interested parties for certain uses of GI by otherexample, an action may be brought where there is use of a GI inrelation to any goodsindicated by the GI, in a manner which is likely to mislead the public asto the true geographical origin ofGI which constitutes an act of unfair competition within the meaningof Article 10 bis of the Paris Convention may also form a basis forwhich an action can be brought under the Act.

For a more detailed discussion ofIndications Bill, click our Firm’s Update

10-year Infocomm Media Masterplan 2025

On 30 March 2014, the Infocomm Media MasterplanCommittee issued a consultation document setting out the vision togrow and transform Singapore's Infocomm and Media ("(“Masterplan”). The goal of the Masterplan is to establish Singaporeas a Smart Nation that will lead the worldICM and nurture innovative talent and enterprises. As a clear sign ofthe pervasiveness of the ICM sectors in Singapore, the Masterplan willfocus on the key pillars of infrastructure development, talentdevelopment, industry detransformation through ICM. The consultation exercise ended on 30September 2014. On 30 December 2014, the Infocomm MediaMasterplan Steering Committee issued a press release to publish thefindings from the consultation exClosing Summary Booklet.respondents on the proposed vision and outcomes, as well as the 13preliminary Masterplan ideas: Above Ground Box, Data Marketplace,Digital Harbour, HetGeneration Seniors, SelfComputational Thinking as a National Capability, Open andAccelerated Professional Development, Community Time Exchange,Smart Health-Assist, and Urban Logistto be completed in 2015.

For more information on the Consultation Paper, please refer to theFirm's Update here

New Legal Framework to Regulate Remote Gambling

The Remote Gambling Bill,2014, was passed on 7 October 2014. The Remote Gambling Act(“Act”), which is expected to take effect this year, governs gamblingactivities which are conducted not just over the Internet, but alsothrough the telephone, interactive television, radio or any othercommunication technology (collectively referred to as ‘recommunication’). Under the Act, remote gambling is rendered illegalunless the specific exemptions apply. The Act not only affectsindividuals based in Singapore, but also extends extracover remote gambling operators and their agentsabroad.


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Registry of GIs under the Intellectual Property Office of Singapore.Another key feature of the Act relates to actions that may be broughtby interested parties for certain uses of GI by other parties. Forexample, an action may be brought where there is use of a GI inrelation to any goods which does not actually originate in the placeindicated by the GI, in a manner which is likely to mislead the public asto the true geographical origin of the goods. In addition, any use of aGI which constitutes an act of unfair competition within the meaning

of the Paris Convention may also form a basis forwhich an action can be brought under the Act.

For a more detailed discussion of the key features of the GeographicalIndications Bill, click our Firm’s Update here.

year Infocomm Media Masterplan 2025

On 30 March 2014, the Infocomm Media Masterplan SteeringCommittee issued a consultation document setting out the vision togrow and transform Singapore's Infocomm and Media ("ICM") sectors

. The goal of the Masterplan is to establish Singaporeas a Smart Nation that will lead the world in tapping the potential ofICM and nurture innovative talent and enterprises. As a clear sign ofthe pervasiveness of the ICM sectors in Singapore, the Masterplan willfocus on the key pillars of infrastructure development, talentdevelopment, industry development and economic / socialtransformation through ICM. The consultation exercise ended on 30September 2014. On 30 December 2014, the Infocomm MediaMasterplan Steering Committee issued a press release to publish thefindings from the consultation exercise, summarised in a ConsultationClosing Summary Booklet. Feedback was obtained from more than 570respondents on the proposed vision and outcomes, as well as the 13preliminary Masterplan ideas: Above Ground Box, Data Marketplace,Digital Harbour, Heterogenous Network, Media Service for Next-Generation Seniors, Self-Sustaining Start-up Ecosystem,Computational Thinking as a National Capability, Open andAccelerated Professional Development, Community Time Exchange,

Assist, and Urban Logistics. The Masterplan is expectedto be completed in 2015.

For more information on the Consultation Paper, please refer to thehere.

New Legal Framework to Regulate Remote Gambling

The Remote Gambling Bill, introduced in Parliament on 8 September2014, was passed on 7 October 2014. The Remote Gambling Act

”), which is expected to take effect this year, governs gamblingactivities which are conducted not just over the Internet, but alsothrough the telephone, interactive television, radio or any othercommunication technology (collectively referred to as ‘remotecommunication’). Under the Act, remote gambling is rendered illegalunless the specific exemptions apply. The Act not only affectsindividuals based in Singapore, but also extends extra-territorially tocover remote gambling operators and their agents based locally and

Rajesh SreenivasanPartnerHead, Technology,Media & Telecommunications


Lau Kok KengPartnerHead, Intellectual Property,Sports and Gaming


http://eoasis.rajahtann.com/eoasis/gn/at.asp?pdf=../lu/pdf/2014-04-Geographical_Indications_Bill.pdf&module=LU&topic=LU000839&sec=b

http://eoasis.rajahtann.com/eoasis/gn/at.asp?pdf=../lu/pdf/2014-04-Infocomm-Media(1).pdf&module=LU&topic=LU000834&sec=b



The law also provides for a tightly controlled licensing regime whichrestricts the number of gambling services to the Singapore market.One of the factors that will be considered in issuing a certificate ofexemption is whether the applicant is a nondistributes its funds for public, social or charitable purposes inSingapore. The exempt operators will be subject to certain conditionswhich may be imposed by the Minister as appropriate.

Click here to refer to the Firm’s Update on the key features of theRemote Gambling Bill.

IDA Public Consultation and Decision on International MobileTelecommunications

On 22 April 2014, the Infocomm Development Authority of Singapore(“IDA”) issued a publicSpectrum for International Mobile Telecommunications (IMT) andIMT-Advanced Services and Options to Enhance Mobile Competition”(“Public Consultation(“3G bands”), IDA souand IMT-Advanced systems and services in the 3G bands prior to theexpiry of the 3G Spectrum Rights. Previously, on 2 January 2014, IDAhad issued an Information Paper detailing the “Short TermAssignment of UnassSpectrum Bands” to indicate that the Time Duplex Division (TDD)bands may be made available on a short term basis through existingframeworks, including IDA’s Market Trial or Technical Trialframeworks. On theis exploring possible approaches through the Public Consultation forfacilitating the entry of Mobile Virtual Network Operators (“into Singapore. In IDA’s 4G spectrum auction in 2013, IDA had setaside spectrum for a new mobile network operator to enter the market.Although no new operator came in, IDA remains open to facilitatingthe entry of new players into the mobile market, if there is industryinterest.

On 12 December 2014, IDA released its Decideployment of 4G and IMTbands, prior to the expiry of the 3G Spectrum Rights in 2021. Thisdecision took immediate effect. A 3G Spectrum Right holder intendingto deploy 4G and IMTbands is required to seek IDA’s approval for the specific radiofrequencies that it proposes to use under its 3G Spectrum Right forpurposes of such deployment before deploying systems and servicesconsistent with the definitionfor the Reallocation of Spectrum for 4G Telecommunication Systemsand Services (“4G Decision4G Decision, IDA defined 4G as “a cellular mobile communicationssystem capable of evol100 Mbits/s for high mobility and 1 Gbit/s for low mobility as definedby ITU-IMT-Advanced; meeting at the minimum the standards andspecifications of either LTE (i.e. 3GPP Release 8), or WiMax (i.e. IEEE802.16-2009) or standards / specifications recognised as ITUAdvanced by the ITU.”

IDA is assessing the responses to the rest of the Public Consultation,and is targeting to release its decision in early 2015.


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The law also provides for a tightly controlled licensing regime whichrestricts the number of gambling services to the Singapore market.One of the factors that will be considered in issuing a certificate ofexemption is whether the applicant is a non-profit entity thatdistributes its funds for public, social or charitable purposes inSingapore. The exempt operators will be subject to certain conditionswhich may be imposed by the Minister as appropriate.

to refer to the Firm’s Update on the key features of theBill.

IDA Public Consultation and Decision on International MobileTelecommunications

the Infocomm Development Authority of Singaporeissued a public consultation on “Proposed Allocation of

Spectrum for International Mobile Telecommunications (IMT) andAdvanced Services and Options to Enhance Mobile Competition”

Public Consultation”). Specifically on the 1.9 GHz/2.1 GHz bands”), IDA sought views on allowing the deployment of 4G

Advanced systems and services in the 3G bands prior to theexpiry of the 3G Spectrum Rights. Previously, on 2 January 2014, IDAhad issued an Information Paper detailing the “Short TermAssignment of Unassigned Spectrum in the 2.3 GHz and 2.5 GHz TDDSpectrum Bands” to indicate that the Time Duplex Division (TDD)bands may be made available on a short term basis through existingframeworks, including IDA’s Market Trial or Technical Trialframeworks. On the policy options for competition enhancement, IDAis exploring possible approaches through the Public Consultation forfacilitating the entry of Mobile Virtual Network Operators (“MVNOs”)into Singapore. In IDA’s 4G spectrum auction in 2013, IDA had set

e spectrum for a new mobile network operator to enter the market.Although no new operator came in, IDA remains open to facilitatingthe entry of new players into the mobile market, if there is industry

On 12 December 2014, IDA released its Decision to allow thedeployment of 4G and IMT-Advanced systems and services in the 3Gbands, prior to the expiry of the 3G Spectrum Rights in 2021. Thisdecision took immediate effect. A 3G Spectrum Right holder intendingto deploy 4G and IMT-Advanced systems and services using the 3Gbands is required to seek IDA’s approval for the specific radiofrequencies that it proposes to use under its 3G Spectrum Right forpurposes of such deployment before deploying systems and servicesconsistent with the definition of 4G in IDA’s decision on Frameworkfor the Reallocation of Spectrum for 4G Telecommunication Systems

4G Decision”), issued on 16 January 2013. In IDA’s4G Decision, IDA defined 4G as “a cellular mobile communicationssystem capable of evolving to achieve the targeted peak data rates of100 Mbits/s for high mobility and 1 Gbit/s for low mobility as defined

Advanced; meeting at the minimum the standards andspecifications of either LTE (i.e. 3GPP Release 8), or WiMax (i.e. IEEE

2009) or standards / specifications recognised as ITU-IMT-Advanced by the ITU.”

IDA is assessing the responses to the rest of the Public Consultation,and is targeting to release its decision in early 2015.



http://eoasis.rajahtann.com/eoasis/gn/at.asp?pdf=../lu/pdf/2014-09-Remote-Gambling(2).pdf&module=LU&topic=LU000868&sec=b



Life Sciences

Consultation on Human Biomedical Research Bill

The Ministry of Health conducted a public consultationHuman Biomedical Research Bill ("2014 to 18 December 2014.2015.

The aim of the HBR Bill is to enhance the international reputation ofSingapore's biomedical researchgreater clarity regarding the differentiated roles and responsibilities ofthe various stakeholders involved in human biomedical research. Itwill also ensure that Singapore's human biomedical research activitiesare carried out in accordance with global standards of research andethical practices.

The HBR Bill will, in particular, give greater protection to the safetyand well-being of research participants, help regulate the variouscategories of restricted research, protectand prohibit the commercial trading of human tissues regardless ofwhether such human tissues are used in research.

Proposed subsidiary legislation for the transfer of controls ofpharmaceutical products (to be introduced asto Health Products Act

The Health Sciences Authority (“consultation from 27 October 2014 to 23 November 2014 on theproposed transfer and consolidation of existing regulatory controls ofpharmaceutical prodto the Health Products Act (“ambit of the HPA will provide enhanced clarity to the differentstakeholders as they need only refer to one piece of legislation asopposed to multiple pieces under the current regime.

As the regulatory regime stands, medical devices and cosmeticproducts have recently been brought under the ambit of the HPA.Now, the proposal is to do the same for pharmaceutical products,which will be regu“therapeutic product” (“intended for therapeutic, preventive, palliative or diagnostic purposes.Its scope includes chemical and biological drugs.

As part of the consultation exercise, the HSA issued the HealthProducts (Advertisement of Therapeutic Products) Regulations andHealth Products (Licensing of Retail Pharmacies) Regulations tointroduce changes including: (i) the removal of the existing permitsystem for advertisements of TPs to allow advertisers to selfbased on broad principles and requirements; (ii) requiring all directto-consumers advertisements of Pharmacy Only Medicines to carryadvisories / warnings as required by the HSA; and (iii) the iprovisions on telepharmacy by licensed retail pharmacies in the HPA.

Another public consultation will be conducted in the near future ontwo additional pieces of subsidiary legislation on the licensing regimeof TPs and their dealers, as well


Singapore LLP

Life Sciences

Consultation on Human Biomedical Research Bill

The Ministry of Health conducted a public consultation on the draftHuman Biomedical Research Bill ("HBR Bill") from 6 November2014 to 18 December 2014. The HBR Bill is intended to be enacted in

The aim of the HBR Bill is to enhance the international reputation ofSingapore's biomedical research community and also to providegreater clarity regarding the differentiated roles and responsibilities ofthe various stakeholders involved in human biomedical research. Itwill also ensure that Singapore's human biomedical research activities

ut in accordance with global standards of research and

The HBR Bill will, in particular, give greater protection to the safetybeing of research participants, help regulate the various

categories of restricted research, protect the safety of tissue donors,and prohibit the commercial trading of human tissues regardless ofwhether such human tissues are used in research.

Proposed subsidiary legislation for the transfer of controls ofpharmaceutical products (to be introduced as “therapeutic products”)to Health Products Act

The Health Sciences Authority (“HSA”) conducted a publicconsultation from 27 October 2014 to 23 November 2014 on theproposed transfer and consolidation of existing regulatory controls ofpharmaceutical products from the Medicines Act and the Poisons Actto the Health Products Act (“HPA”). Bringing such products under theambit of the HPA will provide enhanced clarity to the differentstakeholders as they need only refer to one piece of legislation as

to multiple pieces under the current regime.

As the regulatory regime stands, medical devices and cosmeticproducts have recently been brought under the ambit of the HPA.Now, the proposal is to do the same for pharmaceutical products,which will be regulated under the HPA as “therapeutic products”. A“therapeutic product” (“TP”) is defined as a health product that isintended for therapeutic, preventive, palliative or diagnostic purposes.Its scope includes chemical and biological drugs.

consultation exercise, the HSA issued the HealthProducts (Advertisement of Therapeutic Products) Regulations andHealth Products (Licensing of Retail Pharmacies) Regulations tointroduce changes including: (i) the removal of the existing permit

advertisements of TPs to allow advertisers to self-regulatebased on broad principles and requirements; (ii) requiring all direct-

consumers advertisements of Pharmacy Only Medicines to carryadvisories / warnings as required by the HSA; and (iii) the inclusion ofprovisions on telepharmacy by licensed retail pharmacies in the HPA.

Another public consultation will be conducted in the near future ontwo additional pieces of subsidiary legislation on the licensing regimeof TPs and their dealers, as well as that of clinical controls.

Contacts:

Lim Wee HannPartnerHead, Mergers & Acquisitions


Rebecca ChewPartnerMedical Law




Personal Data Protection

The Personal Data Protection Act (“a baseline legislation to govern the collection, use and disclosure ofpersonal data in Singapore. The provisions ofDo Not Call (“DNCand the provisions re2014.

In 2014, the Personal Data Protection Commission (“agency that administers and enforces the PDPA, issued sectoradvisory guidelines to address the unique circumstances faced by therelevant industries. The Advisory Guidelines for TelecommunicationSector and the Advisory Guidelines for the Real Estate Agency Sectorwere published on 16 May 2014, while those for the Education Sector,Healthcare Sector and Social Service Sector were pubSeptember 2014. PDPC is also collaborating with other industryrepresentatives from sectors such as banking and life insurance todevelop sectoral guidelines.

Click here to access the Firm’s Update on the PDPCconsultations on personal data protection for the telecommunicationsector. For more details on the Advisory Guidelines for the Real EstateAgency Sector, please refer to this

On 11 September 2014, PDPC also inserted a new chapter onphotography in the existing Advisory Guidelines on the Personal DataProtection Act for Selected Topics. These Advisory Guidelineselaborate on how the PDPA applies to particular i

The PDPC also issued the Personal Data Protection (Enforcement)Regulations 2014 (“The Regulations set out the process, procedure and applicable fees fora review application or a reconsidOn 27 August 2014, Star Zest Home Tuition Pte Ltd and its director,Law Han Wei, were the first offenders to be finedtotal fine of S$78,000. Both Star Zest and its director had faced a totalof 26 counts of contravening section 43(1) of the PDPA (failing tocheck the Do Not Call Register before sending a specified message)with 48 other similar offences taken into consideration. Two otherorganisations accepted offers to compound their offences relthe sending of telemarketing messages to Singapore telephonenumbers registered with the DNC Registry in lieu of prosecution. Thecomposition amounts ranged betweenOctober 2014, property agent Kuan Chow Sheng was finedfor breaching the Do Not Call provisions. He pleaded guilty to ninecharges of failing to check the Do Not Call Register before sending aspecified message (PDPA s 43(1)), and had 18 other charges taken intoconsideration.

Real Estate

Amendments to Land Titles Act: changes pertaining to easements andcaveats

The Land Titles (Amendment) Act (“August 2014. Some of the key changes brought about by the Act


Singapore LLP

Personal Data Protection

The Personal Data Protection Act (“PDPA”) was introduced in 2012 asa baseline legislation to govern the collection, use and disclosure ofpersonal data in Singapore. The provisions of the PDPA relating to the

DNC”) Registry came into effect on 2 January 2014and the provisions relating to the main data protection on 2 July

In 2014, the Personal Data Protection Commission (“PDPC”), theagency that administers and enforces the PDPA, issued sector-specificadvisory guidelines to address the unique circumstances faced by theelevant industries. The Advisory Guidelines for Telecommunication

Sector and the Advisory Guidelines for the Real Estate Agency Sectorwere published on 16 May 2014, while those for the Education Sector,Healthcare Sector and Social Service Sector were published on 11September 2014. PDPC is also collaborating with other industryrepresentatives from sectors such as banking and life insurance todevelop sectoral guidelines.

to access the Firm’s Update on the PDPC-initiated publicon personal data protection for the telecommunication

sector. For more details on the Advisory Guidelines for the Real EstateAgency Sector, please refer to this Update.

On 11 September 2014, PDPC also inserted a new chapter onphotography in the existing Advisory Guidelines on the Personal DataProtection Act for Selected Topics. These Advisory Guidelineselaborate on how the PDPA applies to particular issues and domains.

The PDPC also issued the Personal Data Protection (Enforcement)Regulations 2014 (“Regulations”) which took effect on 2 July 2014.The Regulations set out the process, procedure and applicable fees fora review application or a reconsideration application under the PDPA.On 27 August 2014, Star Zest Home Tuition Pte Ltd and its director,Law Han Wei, were the first offenders to be fined S$39,000 each, for a

$78,000. Both Star Zest and its director had faced a totalcounts of contravening section 43(1) of the PDPA (failing to

check the Do Not Call Register before sending a specified message)with 48 other similar offences taken into consideration. Two otherorganisations accepted offers to compound their offences relating tothe sending of telemarketing messages to Singapore telephonenumbers registered with the DNC Registry in lieu of prosecution. Thecomposition amounts ranged between S$500 and S$1,000. On 20October 2014, property agent Kuan Chow Sheng was fined S$27,000for breaching the Do Not Call provisions. He pleaded guilty to ninecharges of failing to check the Do Not Call Register before sending aspecified message (PDPA s 43(1)), and had 18 other charges taken into

Real Estate

Amendments to Land Titles Act: changes pertaining to easements and

The Land Titles (Amendment) Act (“Act”) came into operation on 15. Some of the key changes brought about by the Act

Contact:



http://eoasis.rajahtann.com/eoasis/gn/at.asp?pdf=../lu/pdf/2014.02 Public Consultations on PDP(1).pdf&module=LU&topic=LU000814&sec=b

http://eoasis.rajahtann.com/eoasis/gn/at.asp?pdf=../lu/pdf/2014-02-PDPA_2012.pdf&module=LU&topic=LU000815&sec=b



pertain to easements and caveats. With respect to easements, the Actempowers the court to create an easement if the easementreasonably necessary for the effective use or development of otherland. The court may also vary or extinguish existing easements if it issatisfied that: (i) the continued existence of the easement will, unlessvaried or extinguished, impede the develoor private purposes without securing practical benefits to the personsentitled to the easement; or (ii) the proposed variation orextinguishment will not substantially injure the persons entitled to theeasement.

In so far as caveats are concerned, the previous legislation wasamended to place the burden of justifying an interest in the propertyon the person who filed the caveat by making it a requirement for thecaveator, when challenged, to obtain a court order against cancof the caveat if the caveator wishes to maintain the caveat.

Changes to Land Acquisition Act

The Land Acquisition Act has been amended to provide formanagement corporations to be entitled to act on behalf of unit ownerswhen common propertyeffect from 29 September 2014

The law has also been amended to provide that where the value of anyremaining land of a claimant for compensation is increased because ofthe use to which the land acquired will be put, that increase may beset-off only against the amount of compensationbe payable for severing the claimant’s land or for injurious affection, orboth. This change came into operation on

Tax

Inclusion of Singapore in list of jurisdictions treated as having aModel 1 IGA with the United States

Under the US Foreign Account Tax Compliance Act (“foreign financial institutions (“United States (“USinformation about financial accounts held by certain US persons, orwill otherwise be subject to a punitive 30% withholding tax on USsource Fixed, Determinable, Annual, or Periodical (FDAP) income andthe gross sales proceeds from the disposal of US assets.

On 6 May 2014, the Singapore Ministry of Finance (“Monetary Authority of Singapore (“Authority of Singannouncing that Singapore and thediscussions on the longAgreement (“IGA”) that will facilitate compliance with FATCA byfinancial institutionsare not required to enter into individual FFI agreements with the IRS,but will instead report information on US account holders directly tothe IRAS. IRAS will in turn provide the information directly to theIRS. The FATCA Model 1 IGA was signed on 9 December 2014between Singapore and US.


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pertain to easements and caveats. With respect to easements, the Actempowers the court to create an easement if the easement isreasonably necessary for the effective use or development of otherland. The court may also vary or extinguish existing easements if it issatisfied that: (i) the continued existence of the easement will, unlessvaried or extinguished, impede the development of the land for publicor private purposes without securing practical benefits to the personsentitled to the easement; or (ii) the proposed variation orextinguishment will not substantially injure the persons entitled to the

caveats are concerned, the previous legislation wasamended to place the burden of justifying an interest in the propertyon the person who filed the caveat by making it a requirement for thecaveator, when challenged, to obtain a court order against cancellationof the caveat if the caveator wishes to maintain the caveat.

Changes to Land Acquisition Act

The Land Acquisition Act has been amended to provide formanagement corporations to be entitled to act on behalf of unit ownerswhen common property is compulsorily acquired. This change took

29 September 2014.

The law has also been amended to provide that where the value of anyremaining land of a claimant for compensation is increased because ofthe use to which the land acquired will be put, that increase may be

off only against the amount of compensation that would otherwisebe payable for severing the claimant’s land or for injurious affection, orboth. This change came into operation on 7 July 2014.

Inclusion of Singapore in list of jurisdictions treated as having aModel 1 IGA with the United States

Under the US Foreign Account Tax Compliance Act (“FATCA”),institutions (“FFIs”) are required to provide theUS”) Internal Revenue Services (“IRS”) with

information about financial accounts held by certain US persons, orwill otherwise be subject to a punitive 30% withholding tax on US-

, Determinable, Annual, or Periodical (FDAP) income andthe gross sales proceeds from the disposal of US assets.

On 6 May 2014, the Singapore Ministry of Finance (“MOF”), theMonetary Authority of Singapore (“MAS”) and the Inland RevenueAuthority of Singapore (“IRAS”) jointly issued a press releaseannouncing that Singapore and the US have substantially concludeddiscussions on the long-awaited Model 1 Intergovernmental

”) that will facilitate compliance with FATCA byfinancial institutions in Singapore. Under the IGA, FFIs in Singaporeare not required to enter into individual FFI agreements with the IRS,but will instead report information on US account holders directly tothe IRAS. IRAS will in turn provide the information directly to the USIRS. The FATCA Model 1 IGA was signed on 9 December 2014between Singapore and US.

Contact:

Lina ChuaPartnerCorporate Real Estate


Contact:

Vikna RajahPartnerTax




Singapore-based FIs were given time up to 31 December 2014 toregister with the US IRS as a “Registered Deemedobtain a Global Intermediary Identif

In October last year, the MOF, MAS and IRAS conducted a publicconsultation exercise to gather public feedback on: (i) the draft IncomeTax (International Tax Compliance Agreements) (United States ofAmerica) Regulations 2014, whichreporting obligations of SingaporeIGA; and (ii) the draft FATCA eexplanation of those obligations. Responses to the public consultationwill be published in due course.

Exchange of Information for Tax Purposes

At the meeting of the Global Forum on Transparency and Exchange ofInformation for Tax Purposes (“2014 which comprises of 123 jurisdictions including Singapore, thGFTEI adopted the 2012 update to Article 26 of the OECD Model TaxConvention and its Commentary (“into the Terms of Reference for evaluating the exchange of taxinformation. As a result, requests for information on a grouptaxpayers not individually identified but which have certain commoncharacteristics in common and as described in the 2012 Update(“Group RequestsExchange of Information (“internationally agreed Standard for EOI for tax purposes (“Standard”).

With effect from 28 November 2014, Singapore has amended its lawsto put in place the legislative framework to deal with Group Requests.With this amendment, Singapore is now able toRequests from our treaty partners, subject to reciprocity.

Income Tax Act amended to implement tax changes in 2014 BudgetStatement

The Income Tax Act was amended to implement the tax changes in the2014 Budget Statement. The key featur(Amendment) Bill, which was passed on 3 November 2014, include thefollowing:

• The Productivity and Innovation Scheme (“extended for three years until YA 2018

• The enhanced deduction of 50% for qualifyingincurred on qualifying research and development (“activities has been extended for five years until YA 2025; theperiod in which an enhanced deduction of 250% and 300%of qualifying R&D expenditure may be allowed is extendeduntil YA 2018

• The 100% tax deduction for qualifying intellectual property(“IP”) registration costs has been extended for five yearsuntil 2020; the period in which an enhanced deduction forsuch costs may be allowed has been extended until YA 2018

• The Land Intbeen extended for 5 years until 30 June 2020 to encouragebusinesses to continue to optimise land use in Singapore.


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based FIs were given time up to 31 December 2014 toregister with the US IRS as a “Registered Deemed-Compliant FFI” andobtain a Global Intermediary Identification Number (GIIN).

In October last year, the MOF, MAS and IRAS conducted a publicconsultation exercise to gather public feedback on: (i) the draft IncomeTax (International Tax Compliance Agreements) (United States ofAmerica) Regulations 2014, which sets out the due diligence andreporting obligations of Singapore-based FIs in relation to the FATCAIGA; and (ii) the draft FATCA e-Tax Guide, which provides furtherexplanation of those obligations. Responses to the public consultation

in due course.

Exchange of Information for Tax Purposes

At the meeting of the Global Forum on Transparency and Exchange ofInformation for Tax Purposes (“GFTEI”) held on 28 and 29 October2014 which comprises of 123 jurisdictions including Singapore, theGFTEI adopted the 2012 update to Article 26 of the OECD Model TaxConvention and its Commentary (“2012 Update”) for incorporatinginto the Terms of Reference for evaluating the exchange of taxinformation. As a result, requests for information on a group oftaxpayers not individually identified but which have certain commoncharacteristics in common and as described in the 2012 Update

Requests”) are regarded as coming within the scope ofExchange of Information (“EOI”) requests based on the

ationally agreed Standard for EOI for tax purposes (“EOI

With effect from 28 November 2014, Singapore has amended its lawsto put in place the legislative framework to deal with Group Requests.With this amendment, Singapore is now able to assist with GroupRequests from our treaty partners, subject to reciprocity.

Income Tax Act amended to implement tax changes in 2014 Budget

The Income Tax Act was amended to implement the tax changes in the2014 Budget Statement. The key features of the Income Tax(Amendment) Bill, which was passed on 3 November 2014, include the

The Productivity and Innovation Scheme (“PIC”) has beenextended for three years until YA 2018.The enhanced deduction of 50% for qualifying expenditureincurred on qualifying research and development (“R&D”)activities has been extended for five years until YA 2025; the

which an enhanced deduction of 250% and 300%of qualifying R&D expenditure may be allowed is extendeduntil YA 2018.The 100% tax deduction for qualifying intellectual property

”) registration costs has been extended for five yearsuntil 2020; the period in which an enhanced deduction forsuch costs may be allowed has been extended until YA 2018.The Land Intensification Allowance (“LIA”) scheme hasbeen extended for 5 years until 30 June 2020 to encouragebusinesses to continue to optimise land use in Singapore.



• The withholding tax requirement for certain payments madeto Singapore branches of nonof obligations arising on or after 21 February 2014 have beenwaived.

The provisions of the Income Taxoperation on various

Goods and Services Tax

The Goods and Services Tax (Amendment) Bill,September 2014, was passed on 8 October 2014. The Goods andServices Tax (Amendment) Act (“January 2015. The principal Act has been amended to provide thesituation where any goods, intellectual property rightlicense to use any IPRs is held by a bare trustee of a non(“NLE”), such as persons carrying on the business in partnership, aclub, an association, a society or an organisation. Previously, suchNLEs were unable to claim input ttrustee. To put NLEs on par with legal entities with regard to thesupplies relating to goods, IPRs and licenses to use IPRs, supplies ofthe same made to and supplies relating to the same made by the baretrustees on behalf of such NLEs are deemed to be made to and madeby the NLEs, respectively. Consequently, such NLEs can claim inputtax and are required to charge output tax vissupplies.

Another key change relates to the claiming of input tax of processegoods. The Minister for Finance is empowered to make regulationsproviding for the claiming of input tax by a taxable person on theamount of goods and services tax paid on the rethat were previously exported by the taxable person fadded process to be performed on the goods.

Stamp Duties

The Stamp Duties (Amendment) Bill, introduced in Parliament on 8September 2014, was passed on 8 October 2014. The Stamp Duties(Amendment) Act (“extends the Seller’s Stamp Duty (“industrial property for the purposes of transactions relating to thereconstruction or amalgamation of companies, transfer, conveyance orassignment of assets between associto a limited liability partnership, or the conversion of a privatecompany to a limited liability partnership. This change tookretrospective effect from 12 January 2013 when the SSD on industrialproperties was introducStamp Duties the power to dispense with the requirement for ataxpayer to lodge a claim for stamp duty refund or surrender originalinstruments for cancellation of the stamp duty certificate.


Singapore LLP

The withholding tax requirement for certain payments madeto Singapore branches of non-resident companies in respectof obligations arising on or after 21 February 2014 have been

The provisions of the Income Tax (Amendment) Act came intooperation on various dates.

Goods and Services Tax

The Goods and Services Tax (Amendment) Bill, introduced on 8September 2014, was passed on 8 October 2014. The Goods andServices Tax (Amendment) Act (“Act”) came into operation on 1

. The principal Act has been amended to provide thesituation where any goods, intellectual property rights (“IPRs”) orlicense to use any IPRs is held by a bare trustee of a non-legal entity

”), such as persons carrying on the business in partnership, aclub, an association, a society or an organisation. Previously, suchNLEs were unable to claim input tax on supplies made to the baretrustee. To put NLEs on par with legal entities with regard to thesupplies relating to goods, IPRs and licenses to use IPRs, supplies ofthe same made to and supplies relating to the same made by the bare

of such NLEs are deemed to be made to and madeby the NLEs, respectively. Consequently, such NLEs can claim inputtax and are required to charge output tax vis-à-vis the deemed

Another key change relates to the claiming of input tax of processedgoods. The Minister for Finance is empowered to make regulationsproviding for the claiming of input tax by a taxable person on theamount of goods and services tax paid on the re-importation of goodsthat were previously exported by the taxable person for the value-added process to be performed on the goods.

The Stamp Duties (Amendment) Bill, introduced in Parliament on 8September 2014, was passed on 8 October 2014. The Stamp Duties(Amendment) Act (“Act”) came into operation on 1 January 2015. Itextends the Seller’s Stamp Duty (“SSD”) relief to the disposal ofindustrial property for the purposes of transactions relating to thereconstruction or amalgamation of companies, transfer, conveyance orassignment of assets between associated entities, conversion of a firmto a limited liability partnership, or the conversion of a privatecompany to a limited liability partnership. This change tookretrospective effect from 12 January 2013 when the SSD on industrialproperties was introduced. The Act also gives the Commissioner ofStamp Duties the power to dispense with the requirement for ataxpayer to lodge a claim for stamp duty refund or surrender originalinstruments for cancellation of the stamp duty certificate.



White-Collar Crime / TransnationalCrime

Anti-Money Laundering and Prevention of Terrorist Financing

To reduce the riskSingapore, the Corruption, Drug Trafficking and Other Serious Crimes(Confiscation of Benefits) Act (September 2014the dual criminality requirement for tax evasion offences coveredunder the CDSA. This will enable certain types of foreign tax offencesto be treated as foreign predicate offences regardless of whether theforeign tax concerned is of a type that is imposed in Singapore.Suspicious Transaction Reporting Office has also been established toreceive and analyse information disclosed, submitted or filed with aSuspicious Transaction Reporting Officer.

The cross-border cash movement threshold has been lowered. Witheffect from 1 September 2014exceeding S$20,000 into or out of Singapore without making therequisite declaration to authorities. The previous threshold wasS$30,000.

The CDSA has also introduced a cash transaction reporting regimewhereby persons involved in certain cash transactions are required toperform customer due diligence measures and implement internalcontrol measures. Dealers in precious stones and precious metalsnow regulated under the Corruption, Drug Trafficking and OtherSerious Crimes (Cash Transaction Reports) Regulations 2014 whichcame into operation onto file a cash transaction report in a prescribed form wheconduct any cash transaction exceeding S$20,000 that involveprecious stones, precious metals or precious products. They must alsocarry out customer due diligence to determine the identity of thecustomer or the third party on whose behalf the cust

Mutual Assistance in Criminal Matters

The Mutual Assistance on Criminal Matters (Amendment) Act (“came into operation onenable Singapore to provide mutual legal assistance to other countriesmore efficiently and become a stronger partner for internationalcooperation to fight transnational crime. The dual criminalityrequirement present in the previounon-coercive types of assistance which neither attract penalconsequences for nonrights of individuals. Another key feature of the Act is the widening ofscope of mutual legalPreviously, Singapore could assist in the enforcement and satisfactionof a foreign confiscation order through an “instrumentality forfeitureorder”. However, this was only limited to drug offences. With thecoming into operation of the Act, mutual legal assistance has now beenexpanded to include forfeiture of instrumentalities arising from allserious offences.


Singapore LLP

Collar Crime / Transnational

Money Laundering and Prevention of Terrorist Financing

To reduce the risk of money laundering and terrorism financing inSingapore, the Corruption, Drug Trafficking and Other Serious Crimes(Confiscation of Benefits) Act (“CDSA”) was amended on 1September 2014. One of the key changes relates to the removal of

lity requirement for tax evasion offences coveredunder the CDSA. This will enable certain types of foreign tax offencesto be treated as foreign predicate offences regardless of whether theforeign tax concerned is of a type that is imposed in Singapore. TheSuspicious Transaction Reporting Office has also been established toreceive and analyse information disclosed, submitted or filed with aSuspicious Transaction Reporting Officer.

border cash movement threshold has been lowered. With1 September 2014, it is an offence to move cash

exceeding S$20,000 into or out of Singapore without making therequisite declaration to authorities. The previous threshold was

has also introduced a cash transaction reporting regimewhereby persons involved in certain cash transactions are required toperform customer due diligence measures and implement internalcontrol measures. Dealers in precious stones and precious metals arenow regulated under the Corruption, Drug Trafficking and OtherSerious Crimes (Cash Transaction Reports) Regulations 2014 whichcame into operation on 15 October 2014. Such dealers are requiredto file a cash transaction report in a prescribed form when theyconduct any cash transaction exceeding S$20,000 that involveprecious stones, precious metals or precious products. They must alsocarry out customer due diligence to determine the identity of thecustomer or the third party on whose behalf the customer is acting.

Mutual Assistance in Criminal Matters

The Mutual Assistance on Criminal Matters (Amendment) Act (“Act”)came into operation on 1 September 2014. The amendments willenable Singapore to provide mutual legal assistance to other countriesmore efficiently and become a stronger partner for internationalcooperation to fight transnational crime. The dual criminalityrequirement present in the previous legislation has been removed for

coercive types of assistance which neither attract penalconsequences for non-compliance nor adversely affect the propertyrights of individuals. Another key feature of the Act is the widening ofscope of mutual legal assistance that Singapore can provide.Previously, Singapore could assist in the enforcement and satisfactionof a foreign confiscation order through an “instrumentality forfeitureorder”. However, this was only limited to drug offences. With the

nto operation of the Act, mutual legal assistance has now beenexpanded to include forfeiture of instrumentalities arising from all

Contacts:

Hamidul HaqPartnerHead, White-Collar Crime


Chee Kun ThongPartnerWhite-Collar Crime


Yusfiyanto Bin YatimanPartnerWhite-Collar Crime



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Rajah & Tann Singapore LLP

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Rajah & Tann Singapore

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RAJAH & TANN REPRESENTATIVE OFFICE China


Shanghai Representative Office

1906, Shui On Plaza, 333 Huai Hai Middle Road

Shanghai 200021, People's Republic of China

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RAJAH & TANN NK LEGAL Myanmar

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Pagoda Road, Mayangone Township, Yangon, Myanmar

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ASSEGAF HAMZAH & PARTNERS

Assegah Hamzah & Partners

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Jalan DR. Ide Anak Agung Gde Agung Lot #5.1

Kawasan Mega Kuningan, Jakarta 12950, Indonesia

T +62 21 2555 7800 F +62 21 2555 7899

www.ahp.co.id

* Assegaf Hamzah & Partners is an independent law firm in

Indonesia and a member of the Rajah & Tann Asia network.

RAJAH & TANN Lao PDR

Rajah & Tann (Laos) Sole Co., Ltd.

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Christopher & Lee OngLevel 22, Axiata Tower, No. 9 Jalan Stesen Sentral 5,

Kuala Lumpur Sentral, 50470 Kuala

T +60 3 2273 1919 F +60 3 2273 8310

www.christopherleeong.com

*in association with Rajah & Tann Singapore LLP

Rajah & Tann Singapore LLP is one of the largest full service law firms in Singapore, providing high quality advice to an impressiveclients. We place strong emphasis on promptness, accessibility and reliability in dealing with clients. At the same time,towards a practical yet creative approach in dealing with business and commercial problems. As the Singapore member firm of tMundi Network, we are able to offer access to excellent legal expertise in more than 100 countries.

Rajah & Tann Singapore LLP is part of Rajah & Tann Asia, a network of local law firms in Singapore, China, Lao PDR, Vietnam,and Myanmar, as well as associate and affiliate offices in Malaysia, Cambodia, Indonesia and the Middle East. Our Asian neincludes regional desks focused on Japan and South Asia.

The contents of this Update are owned by Rajah & Tann Singapore LLP and subject to copyright protection under the laws of Sinand, through international treaties, other countriesmodified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transienpurpose save as permitted herein) w

Please note also that whilst the information in this Update is correct to the best of our knowledge and belief at the time ofonly intended to provide a general guide to theany particular course of action as such information may not suit your specific business and operational requirements. It is tadvantage to seek legal advicSingapore LLP or e-mail the Knowledge & Risk Management Group at [email protected].

Singapore LLP

ASSEGAF HAMZAH & PARTNERS Indonesia RAJAH & TANN Thailand

Assegah Hamzah & Partners

Menara Rajawali 16th Floor

Jalan DR. Ide Anak Agung Gde Agung Lot #5.1

Kawasan Mega Kuningan, Jakarta 12950, Indonesia

T +62 21 2555 7800 F +62 21 2555 7899

Rajah & Tann (Thailand) Limited

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Ploenchit Road, Lumpini, Pathumwan

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Partners is an independent law firm in

Indonesia and a member of the Rajah & Tann Asia network.

Lao PDR RAJAH & TANN LCT LAWYERS

Rajah & Tann (Laos) Sole Co., Ltd.

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Saysettha District, Vientiane Capital, Lao PDR

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Rajah & Tann LCT Lawyers

Ho Chi Minh City Office

Saigon Centre, Level 13, Unit 2&3

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CHRISTOPHER & LEE ONG Malaysia Hanoi Office

East Tower - LOTTE Center Hanoi building, Level 30,

Christopher & Lee Ong, No. 9 Jalan Stesen Sentral 5,

Kuala Lumpur Sentral, 50470 Kuala Lumpur, Malaysia

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www.christopherleeong.com

in association with Rajah & Tann Singapore LLP

Unit 3003, 54 Lieu Giai Street, Ba Dinh, Hanoi, VietnamT +84 4 6278 2768 F +84 4 6278 2766

www.rajahtannlct.com

Tann Singapore LLP is one of the largest full service law firms in Singapore, providing high quality advice to an impressiveclients. We place strong emphasis on promptness, accessibility and reliability in dealing with clients. At the same time,towards a practical yet creative approach in dealing with business and commercial problems. As the Singapore member firm of tMundi Network, we are able to offer access to excellent legal expertise in more than 100 countries.

Rajah & Tann Singapore LLP is part of Rajah & Tann Asia, a network of local law firms in Singapore, China, Lao PDR, Vietnam,and Myanmar, as well as associate and affiliate offices in Malaysia, Cambodia, Indonesia and the Middle East. Our Asian neincludes regional desks focused on Japan and South Asia.

The contents of this Update are owned by Rajah & Tann Singapore LLP and subject to copyright protection under the laws of Sinand, through international treaties, other countries. No part of this Update may be reproduced, licensed, sold, published, transmitted,modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transienpurpose save as permitted herein) without the prior written permission of Rajah & Tann Singapore LLP.

Please note also that whilst the information in this Update is correct to the best of our knowledge and belief at the time ofonly intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice forany particular course of action as such information may not suit your specific business and operational requirements. It is tadvantage to seek legal advice for your specific situation. In this regard, you may call the lawyer you normally deal with in Rajah & Tann

mail the Knowledge & Risk Management Group at [email protected].

Thailand

Rajah & Tann (Thailand) Limited

973 President Tower, 12th Floor, Units 12A-12F

Ploenchit Road, Lumpini, Pathumwan

Bangkok 10330, Thailand

T +66 2 656 1991 F +66 2 656 0833

RAJAH & TANN LCT LAWYERS Vietnam

Rajah & Tann LCT Lawyers

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2382 / +84 8 3821 2673 F +84 8 3520 8206

LOTTE Center Hanoi building, Level 30,

Unit 3003, 54 Lieu Giai Street, Ba Dinh, Hanoi, VietnamT +84 4 6278 2768 F +84 4 6278 2766

Tann Singapore LLP is one of the largest full service law firms in Singapore, providing high quality advice to an impressive list ofclients. We place strong emphasis on promptness, accessibility and reliability in dealing with clients. At the same time, the firm strivestowards a practical yet creative approach in dealing with business and commercial problems. As the Singapore member firm of the LexMundi Network, we are able to offer access to excellent legal expertise in more than 100 countries.

Rajah & Tann Singapore LLP is part of Rajah & Tann Asia, a network of local law firms in Singapore, China, Lao PDR, Vietnam, Thailandand Myanmar, as well as associate and affiliate offices in Malaysia, Cambodia, Indonesia and the Middle East. Our Asian network also

The contents of this Update are owned by Rajah & Tann Singapore LLP and subject to copyright protection under the laws of Singapore. No part of this Update may be reproduced, licensed, sold, published, transmitted,

modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transiently for anyithout the prior written permission of Rajah & Tann Singapore LLP.

Please note also that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it issubject matter and should not be treated as a substitute for specific professional advice for

any particular course of action as such information may not suit your specific business and operational requirements. It is to youre for your specific situation. In this regard, you may call the lawyer you normally deal with in Rajah & Tann

mail the Knowledge & Risk Management Group at [email protected].

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