Participation in OECD (list year):
No.
TerraLex Guide to Anticorruption Legislation
Welcome to the Terralex cross-border guide to anticorruption legislation
This guide offers information on the current regulations related anticorruption policies in various jurisdictions around the world. Please contact the listed contributors for specific questions.
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Singapore TerraLex Guide to Anticorruption Legislation Guide
- Authors:
- Kelvin Chia
- Date posted:
- 17/03/2021
- Last update:
- 26/03/2025
Guidance
What is the applicable anticorruption legislation?
Prevention of Corruption Act 2020 (“PCA”), Penal Code 1871 (“Penal Code”), Corruption, Drug Trafficking and other Serious Crimes (Confiscation of Benefits) Act 1992 (“CDSA”).
What does this legislation prohibit?
Generally, the PCA and Penal Code prohibits active and passive bribery by individuals and companies in the public and private sectors. The CDSA on the other hand targets the laundering of bribe money, allowing the state to confiscate corrupt benefits.
Does it cover bribes to foreign government officials?
Yes, as long as it is committed by a Singapore citizen.
Does it cover business to business corruption?
Yes.
Are facilitation payments allowed?
No.
Can a corporation be prosecuted for acts of overseas agents, intermediaries, joint venture partners, and third parties?
Yes.
Does the legislation have extra territorial reach?
Yes, in relation to Singapore citizens.
Can Directors of a company be found personally liable?
The director of a company incorporated in Singapore can be found li able. However, a director will generally not be found personally liable for an offence committed by the company insofar as they were not personally responsible or involved in the said offence.
What are the sanctions for breach of the legislation for Directors and corporations?
For offences under the PCA and Penal Code: Fines up to S$100,000 and/or imprisonment up to 5 years (or 7 years in certain circumstances)
For offences under the CDSA: Fines up to S$500,000 and/or imprisonment up to 10 years. Where the offence is committed by a company/corporation, the fine imposed may be up to S$1 million or twice the illegal benefits received, whichever is higher.
Can companies be held liable for corruption offences? If so, under which conditions?
Yes. Sections 5 and 6 of the PCA apply to all “persons”. Under the Interpretation Act 1965, the term “person” includes “any company or association of body of persons, corporate or unincorporated.”
Is there an obligation on companies to put in place preventive measures (such as a compliance program, a whistleblowing line)? If so, what are the sanctions?
No express obligation.
Can the implementation of a compliance program constitute a mitigating circumstance in case of an established offense?
Yes. While the implementation of a compliance program does not serve as a defence against the offence, generally, being able to demonstrate that adequate measures and/or a compliance program have been implemented to prevent corruption may serve as a mitigating factor.
Is a corporate settlement procedure available for corruption offenses?
Yes. Deferred Prosecution Agreements (“DPA”) were introduced in Singapore in 2018. DPA is a settlement under which the Prosecution agrees to defer criminal charges against a corporate offender in exchange for the corporation’s agreement to comply with certain conditions, such as admission of wrongdoing, payment of financial penalties, and implementation of corporate reform.
All DPAs in Singapore must be approved by the General Division of the High Court. However, to date, there has been no reported DPAs entered into since its introduction.
If conditional approval is possible, what type of conditions or commitments may be imposed? Are there any consequences for failing to comply with these conditions or commitments?
Disclaimer: This guide contains summaries of general principles of law. It is not a substitute for specific legal advice and should not be relied upon in relation to the application of the law or subject matter covered.