US embassy cable - 04SINGAPORE1301

UNCLAS SECTION 01 OF 02 SINGAPORE 001301 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EB/ESC, INL, EAP/PMBS, L/LEI, S/CT 
JUSTICE FOR INTERNATIONAL AFFAIRS 
 
E.O. 12958: N/A 
TAGS: ETTC, EFIN, PTER, KCRM, SN 
SUBJECT: IMF ON SINGAPORE'S MONEY LAUNDERING AND TERRORIST 
FINANCING REGIME:  GOOD, BUT ROOM FOR IMPROVEMENTS 
 
REF: SINGAPORE 1183 
 
Summary 
------- 
 
1. (U) An IMF assessment praised Singapore's framework for 
anti-money laundering and terrorist financing (AML/TF), 
saying it provides a strong framework in terms of the FATF 40 
recommendations and eight special recommendations.  However, 
the IMF said there remain areas requiring attention.  Key are 
limitations on mutual legal assistance and extradition, and a 
lack of customer identification for wire transfers.  The IMF 
recommended that Singapore narrow the range of bases for 
refusal of assistance under its mutual legal assistance law, 
which may limit the effectiveness of the law in supporting 
mutual legal assistance.  The IMF also encouraged Singapore 
to reassess whether a list approach to designating predicate 
offenses serious crimes is the most effective choice, and to 
make extradition for money laundering possible with a wider 
range of countries.  In response, Singapore noted that FATF 
recognizes the list approach, and Singapore is reconsidering 
its list in light of the FATF revised 40 recommendations. 
Singapore said it will implement customer identification 
requirements for wire transfers by the FATF deadline.  End 
summary. 
 
Comment 
------- 
 
2. (SBU) The IMF's assessment is useful, especially in 
pointing out deficiencies in Singapore's Mutual Assistance in 
Criminal Matters Act and recommending changes, particularly 
to narrow the basis for refusing assistance and to reconsider 
its list based approach.  While Singapore is unlikely to 
change its approach, the IMF critique bolsters U.S. efforts 
in the MLAT negotiations to address exactly these same 
points.  Post is sending by email a copy of the IMF 
assessment to EAP/PMBS and L/LEI.  End comment. 
 
IMF Assesses Singapore's AML/TF Performance as Good... 
--------------------------------------------- ------------- 
 
3. (U) The IMF's Financial System Stability Assessment of 
Singapore, carried out between November 2002 and December 
2003, and released in April, concludes that Singapore has a 
sound and comprehensive legal, institutional, policy and 
supervisory framework for AML/TF.  The assessment said 
Singapore has taken systematic and effective steps to address 
many of the recommendations of the last Financial Action Task 
Force (FATF) evaluation, in 1998-1999, and stated that 
implementation measures are well-monitored and generally 
effective. 
 
...But Notes Areas Requiring Greater Attention 
--------------------------------------------- - 
 
4. (U) However, the assessment also identified several areas 
that require attention, most notably mutual legal assistance. 
 Stating that Singapore could improve the effectiveness of 
cross-border legal assistance, the assessment observed that 
there are limitations on Singapore's ability to provide 
particular kinds of mutual legal assistance, such as bank 
records, restraint of proceeds, and confiscation orders.  The 
assessment team commented that Singapore "could widen the 
possibilities for providing mutual legal assistance by making 
compulsory measures available absent a treaty, and by 
ratifying the UN Convention Against Transnational Organized 
Crime (the Palermo Convention). 
 
Mutual Legal Assistance 
----------------------- 
 
5. (U) The team also opined that the Mutual Assistance in 
Criminal Matters Act's (MACMA) wide range of mandatory and 
discretionary bases for refusing assistance "may limit the 
effectiveness of the Act in supporting international 
requests", recommending that Singapore consider narrowing the 
range of bases for refusal of assistance in the MACMA.  In 
addition, the team said Singapore should take measures to 
ensure timely response to mutual assistance requests related 
to terrorist financing, by designating all parties to the 
Financing of Terrorism Convention under its own law 
(Singapore has currently only designated the US and UK). 
Finally, the assessment also urged Singapore to continue 
efforts toward concluding further MOUs between Singapore's 
Suspicious Transactions Reporting Office (STRO) and foreign 
counterparts.  In its response to the recommendations, 
Singapore stated that it "will continue to expedite current 
negotiations". 
 
6. (SBU)  The IMF noted that in Singapore, predicate offenses 
for money laundering are based on a list approach.  The list 
does not include all those specified in the Palermo 
Convention, which Singapore has signed but not yet ratified. 
The IMF recommended that Singapore ratify the Palermo 
Convention on an expedited basis, urged Singapore to reassess 
whether a list approach is the most effective choice for 
Singapore, stating that an "all serious crimes approach" 
would be preferable to a limited list.  The Singapore 
government largely rebuffed the suggestion, saying that FATF 
recognizes the list approach.  However, Singapore said it 
will reconsider its list in light of the revised 40 
recommendations. (Comment:  As noted in Reftel, Singapore is 
working internally on a longer list, consistent with the 
categories of predicate offenses included in the Revised 40 
recommendations.  End comment.) 
 
Other Areas for Work 
-------------------- 
 
7. (U) The assessment team also made suggestions in other 
areas: 
 
 
--  Extradition.  The IMF recommended that Singapore should 
act to make extradition for money laundering available to a 
wider range of countries. 
 
--  Confiscation and Seizure.  The IMF said that while 
adequate powers exist to restrain and freeze assets, specific 
provisions addressing identification and tracing are needed. 
In reply, Singapore said it would review and update the 
current overall scheme for confiscation and seizure. 
 
--  Asset Sharing.  Noting that a treaty relationship may be 
needed for asset sharing, the assessment recommends that 
Singapore consider a formal mechanism for sharing confiscated 
property and also consider extending beyond terrorism 
financing a forfeiture scheme based upon civil law. 
 
--  Wire transfers.  The assessment team said customer 
identification measures for wire transfers need to be put in 
place, and recommended that Singapore impose such a 
requirement within the time frame set forth under FATF 
Special Recommendation VII. In reply, Singapore said 
financial institutions will be required to obtain full 
originator information within the timeframe set out in FATF. 
 
 
8. (U) Finally, the IMF recommended that the Monetary 
Authority of Singapore (MAS) make the provisions of its AML 
regulations more detailed and direct, supplementing current 
statements of principle with firm provisions and explicit 
guidance.  For example, the IMF said MAS should make more 
explicit its regulatory Notices regarding the conduct of 
transactions with those failing to provide complete 
documentation of identity, and make more explicit the duty to 
identify persons authorized to operate accounts in the names 
of legal entities.   MAS should also include in the Notices 
requirements that financial institutions have adequate 
screening procedures to ensure high standards when hiring 
employees.  Replying, Singapore said that it believes that 
the strong compliance culture of Singapore financial 
institutions is evidence of the effectiveness of its policy 
of issuing principles-based Notices, supplemented by thorough 
inspections and follow-up. 
LAVIN