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- CDSA and CMA Bill Amendments
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On 2 April 2024, the Law Enforcement and Other Matters (LEOM) Bill was passed in Parliament and new offences were introduced to deter the misuse of local SIM cards (i.e. SIM cards, including e-SIMs, registered with Singapore mobile service providers) for criminal activities, including scams.
The new offences allow the Police to take enforcement actions against irresponsible individuals and errant retailers who sell, give away, receive, supply, possess or fraudulently register local SIM cards for crimes.
The following infographic provides an overview of the new offences targeting three groups of offenders.
What are the new offences to deter the misuse of local SIM cards?
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Offences targeting irresponsible subscribers
It will be an offence for individuals, knowing or having reasonable grounds to believe that the local SIM cards would be used for unlawful purposes, to:
- Hand over local SIM cards registered with their own particulars to others; or
- Allow their own particulars to be used to register for local SIM cards by others.
Irresponsible subscribers will be deemed liable if they:
- Gave away local SIM cards or particulars to register for local SIM cards for any gain; or
- Did not take reasonable steps to find out the identities and physical locations of the recipients of the local SIM cards or persons using the particulars to register for the SIM cards; or
- Did not take reasonable steps to find out the recipients’ purposes for obtaining the local SIM cards or using the particulars to register for the SIM cards.
Penalties:
The offences for individuals will carry a fine of up to $10,000 or imprisonment of up to three years, or both.
- Hand over local SIM cards registered with their own particulars to others; or
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Offences targeting middlemen
It will be an offence for middlemen, knowing or having reasonable grounds to believe that the local SIM cards would be used for unlawful purposes, to:
- Receive or possess local SIM cards, with intent to use or supply them; or
- Supply local SIM cards.
These will cover local SIM cards registered with other persons’ particulars and include unregistered local SIM cards, as these can easily be activated by criminal syndicates using stolen credentials.
Middlemen will be deemed liable if:
- The local SIM cards were used for crime; or
- More than 10 local SIM cards were found in the middlemen’s possession.
Additionally, for SIM cards registered with another person’s particulars, middlemen will be deemed liable in three scenarios:
- Received or supplied the local SIM cards for any gain; or
- Did not take reasonable steps to find out the identities and physical locations of the recipients of the local SIM cards; or
- Did not take reasonable steps to find out the recipients’ purposes for obtaining the local SIM cards.
Penalties:
The offences of receiving, supplying and possessing local SIM cards by individuals will carry a fine of up to $10,000 or imprisonment of up to three years, or both.
For second or subsequent offences, the penalty will be a fine of up to $20,000 or imprisonment of up to five years, or both.
- Receive or possess local SIM cards, with intent to use or supply them; or
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Offences targeting errant retailers
It will be an offence for errant retailers (including their employees acting in the course of their employment) to facilitate fraudulent registrations by registering SIM cards using a person’s personal information knowing or having reasonable grounds to believe
- There was no authorisation given by the person whose personal information is being used to register the SIM card; or
- The personal information given by the person seeking to register the SIM card is false or misleading
Errant retailers will be deemed liable if they facilitate the fraudulent registrations knowing or having reasonable grounds to believe
- the local SIM cards would be used for unlawful purposes; or
- Local SIM cards registered by the retailer proven to have subsequently been used for unlawful purposes.
Penalties:
The offences of facilitating fraudulent registrations of local SIM cards will carry a fine of up to $10,000 or imprisonment of up to three years, or both.
For second or subsequent offences, the penalty will be a fine of up to $20,000 or imprisonment of up to five years, or both.
- There was no authorisation given by the person whose personal information is being used to register the SIM card; or
Useful Resources:
First Reading of the Law Enforcement and Other Matter Bill
Second Reading of the Law Enforcement and Other Matter Bill
Misuse of SIM Card Offences Overview Infographic (PDF 3.3MB)