Offences
Offences
Singapore Customs is the National Authority (NA) for the implementation of the Chemical Weapons Convention (CWC).
If you wish to produce, process, consume, store, import, export, transfer or distribute chemicals controlled under the Chemical Weapons (Prohibition) Act (CWPA), you would need to:
- Obtain the CWC licence from the NA(CWC)
- Meet regulatory and declaration requirements under the CWPA
Singapore Customs takes a serious view of the offences under the CWPA and will not hesitate to take enforcement action. You are reminded to exercise due diligence if you are involved in activities relating to controlled chemicals in or outside of Singapore. You should check for updates on CWC licensing matters regularly.
Examples of common offences
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Failure to obtain a licence or comply with the conditions of a licence such as for the use, production, acquisition or transfer of scheduled chemicals or discrete organic chemicals
- Failure to apply for an increase in the licensed quantity of a scheduled chemical
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Refuse or fail, without reasonable cause, to give to Singapore Customs periodic reports relating to chemicals and facilities, and to maintain records relating to such chemicals and facilities
- Failure to submit to Singapore Customs the Annual Declaration of Past Activities
- Failure to declare a complete and correct import permit declaration
- Failure to indicate Customs Procedure Code (CPC), CWC licence number, NA (CWC) product code and purity of chemical
Penalties for offences under the CWPA and relevant sections of the Regulation of Imports and Exports Act (RIEA) include seizure and forfeiture of goods, fines and imprisonment. Singapore Customs may offer to compound offences for a sum not exceeding S$5,000 per offence.
Penalties upon conviction for key offences
| Offence | Penalty Upon Conviction |
|---|---|
| Uses, develops, produces, acquires, retains, or transfers a chemical weapon Engages in military preparations to use a chemical weapon Knowingly assists or encourages another person to engage in any prohibited activity Uses a riot control agent as a method of warfare (Section 8 of the CWPA) [This Section has extra-territorial application] |
Imprisonment for a term which may extend to life imprisonment and a fine not exceeding S$1 million. |
| Failure to obtain a licence or comply with the conditions of a licence for the use, production, acquisition, transfer, etc. of scheduled chemicals or discrete organic chemicals. (Section 9 of the CWPA) |
For Schedule 1 chemicals : A fine not exceeding S$100,000; or imprisonment not exceeding 10 years; or both. For other CWPA controlled chemicals : A fine not exceeding S$10,000; or imprisonment not exceeding 2 years; or both. |
| Refuses or fails, without reasonable cause, to give to Singapore Customs periodic reports relating to chemicals and facilities, and to maintain records relating to such chemicals and facilities. (Section 12 of the CWPA) |
A fine not exceeding S$6,000; or imprisonment not exceeding 6 months; or both |
| Intentionally or recklessly refuses or fails, without reasonable cause, to give information required by Singapore Customs that is relevant to a declaration required to be given by Singapore to the Organisation for the Prohibition of Chemical Weapons. (Section 13 of the CWPA) |
A fine not exceeding S$6,000; or imprisonment not exceeding 6 months; or both. |
Companies which violate any regulatory requirements relating to scheduled chemicals may also be liable to enforcement actions under the Customs Act, the Regulation of Imports and Exports Act (RIEA), and the Strategic Goods (Control) Act (SGCA).
You may view more information on prescribed offences and penalties under the Customs Act, CWPA, RIEA and SGCA.
Best Practices
You are accountable as a trader or declaring agent dealing with controlled chemicals. You are encouraged to observe the following Dos and Don’ts to improve your compliance with regulatory requirements:
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- Ensure you obtain a valid CWC licence before you engage in any controlled activities with scheduled chemicals.
- Check if the scheduled chemicals are also controlled under other regulations. For example, export of scheduled chemicals above certain concentration thresholds would require the strategic goods export permit.
- Check the list of OPCW Member States and the relevant import and export restrictions for the scheduled chemicals in these Member States.
- Perform checks to ensure that the end-user is a legitimate customer and not a sanctioned entity.
- Ensure you apply for the correct permit type and fill up all the mandatory fields.
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- Assume the same controls apply to all scheduled chemicals. These chemicals are grouped under three different schedules with different degrees of controls depending on their purity, type of activities, and the countries receiving or supplying the chemicals.