askST: What is the foreign interference law and why is NTUC a ‘politically significant person’?
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MHA said it is in the public interest to designate NTUC as a politically significant person, given its close nexus and symbiotic relationship with the PAP.
ST PHOTO: KUA CHEE SIONG
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SINGAPORE - On July 11, the Ministry of Home Affairs (MHA) said it intends to designate the National Trades Union Congress (NTUC) as a politically significant person
It is in the public interest to do so, given NTUC’s close nexus and symbiotic relationship with the People’s Action Party (PAP), MHA said.
Human rights group Maruah and non-governmental organisation Think Centre – both gazetted as political associations – were designated as politically significant persons in December 2023 when Fica’s provisions against interference via local proxies came into force. Singaporean businessman Philip Chan Man Ping
The Straits Times recaps what the law is about
Q: What is Fica?
Fica was passed in Parliament in October 2021
It does not target Singaporeans or other local entities that express their views, unless they are being used by foreign entities as proxies for interference, said MHA.
To safeguard domestic politics, the law applies to two categories of people and organisations: defined politically significant persons and designated politically significant persons.
Q: Who is a ‘defined’ or ‘designated’ politically significant person?
Certain groups and individuals who are directly involved in Singapore’s political processes are defined as politically significant persons. These include political parties and their central executive committee members, political office-holders, MPs including Non-Constituency MPs and Nominated MPs, election candidates and their election agents.
An individual or group can also be designated as a politically significant person if the authorities assess that their activities are directed towards a political end, and that it is in the public interest that they be subjected to Fica’s measures to mitigate the risk of foreign interference. This is the case for NTUC.
Then Prime Minister Lee Hsien Loong said in April
“So being declared a politically significant person does not mean necessarily that you have done anything wrong. It is just to put everybody on notice, that you have either a foreign nexus or you are politically active,” he said in an interview.
Q: What are politically significant persons subjected to?
The countermeasures on defined and designated politically significant persons cover donations, volunteers, leadership, membership and affiliations.
Defined politically significant persons face more stringent countermeasures. These include having to report single donations of $10,000 or more, and being prohibited from receiving donations from foreigners.
They are required to maintain a separate bank account to receive political donations, and cannot accept any volunteer labour or services provided by foreigners.
Individuals need to disclose whether they have been granted migration benefits, such as honorary citizenship or permanent residency, by foreign governments.
Designated politically significant persons need to disclose only political donations and foreign affiliations. If there is a higher risk of foreign interference, they can be subjected to the same requirements faced by defined politically significant persons.
Q: Can a person or organisation challenge their designation as a politically significant person?
They can appeal to the Minister for Home Affairs, who may consult an advisory committee when he hears appeals regarding designations and directives.
Q: Why is NTUC being designated as a politically significant person?
MHA said this is a pre-emptive measure to mitigate any potential risk of foreign interference in future, based on the Registrar of Foreign and Political Disclosures’ assessment of NTUC’s involvement in Singapore’s politics.
“It is not because NTUC has been compromised by a foreign actor, or has committed any wrongdoing nor anything of concern,” MHA added.
Singapore Management University law don and former Nominated MP Eugene Tan said that given the longstanding symbiotic relationship between NTUC and the PAP, this intended designation is a proper and needed application of the law to prevent, detect and disrupt foreign interference in Singapore’s domestic politics.
He noted that a significant part of NTUC’s activities is directed towards a political end, such as the issues of workers’ rights, interests and well-being and industrial relations.
Q: Why is NTUC being designated only at the federation level?
MHA said the other NTUC-linked entities have much less or no nexus to Singapore politics, and it is not in the public interest to designate them.
The ministry added that the designation will not include NTUC’s affiliated unions, affiliated associations or social enterprises, which are separate legal entities from NTUC.
It will also not include NTUC’s personnel, such as its central committee members and employees, although some NTUC committee members or appointment holders may already be politically significant persons, MHA said, citing those who are Members of Parliament.
Q: Will this affect NTUC’s relationship with the PAP or its reputation?
MHA said being designated will not affect NTUC’s activities and its core work as a labour movement.
Upon designation, NTUC will simply be subjected to transparency requirements – to disclose its reportable political donations and foreign affiliations. There are no prohibitions or restrictions on NTUC’s activities.
Q: Does it mean an organisation with close links to a political party will be designated a politically significant person?
Two conditions must be met for an entity to be designated as a politically significant person, MHA said. First, the entity’s activities are directed in part towards a political end in Singapore. Second, it is deemed to be in the public interest that countermeasures under Fica be applied in relation to the entity.
Associate Professor (Practice) Terence Ho from the Lee Kuan Yew School of Public Policy at the National University of Singapore said NTUC appears to be in a class of its own in terms of its political influence and membership reach.
“It is prudent that an entity with considerable political influence and reach should be subject to pre-emptive measures against foreign interference,” he said, noting that the extent of an entity’s political influence would determine whether it is in the public interest to designate it.
AFP
