country; if persons affected by the order that did not appear in the proceedings received notice of the proceedings in sufficient time to enable them to mount a defense; and enforcing the order in Singapore would not be contrary to the interests of justice. C.7. Applicability of Non-Conviction Based Asset Forfeiture Orders •
The definition of “foreign confiscation order” as contained in MACMA Section 2(1) is broad enough to encompass both civil forfeiture and conviction-based confiscation orders. Thus, foreign non-conviction based forfeiture orders are enforceable in Singapore pursuant to MACMA Section 29.
C.8. Confiscation of Legitimate Assets Equivalent in Value to Illicit Proceeds • As indicated above, a foreign confiscation order is defined in MACMA section 2(1) to cover direct and indirect payments, rewards, or property received in connection with such an offense, or the value of such property. Equivalent-value confiscation is thus possible for proceeds from but not for instrumentalities used or intended to be used in the commission of the relevant offense. D. Types of Informal Assistance •
Informal assistance may be provided by the Suspicious Transaction Reporting Office (FIU) (http://www.cad.gov.sg/amlcft/STRO.htm/), the Monetary Authority of Singapore (MAS) (http://www.mas.gov.sg/), and the police and customs authorities. • MOUs are required only by the STRO. The MAS, police, and customs authorities may provide certain types of assistance even in the absence of an applicable MOU.
160
Book 1.indb 160
I
Barriers to Asset Recovery
5/11/11 4:21:19 PM