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MHA issues notice for NTUC to be a designated Politically Significant Person under foreign interference law

MOM notes that the designation of NTUC as a Politically Significant Person does not result in any prohibition on NTUC’s ongoing activities.

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By Shukry Rashid 11 Jul 2024
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The Registrar of Foreign and Political Disclosures intends to designate NTUC as a Politically Significant Person (PSP) under the foreign interference law, announced the Ministry of Home Affairs (MHA) on 11 July 2024.

 

As a designated PSP under the Foreign Interference (Countermeasures) Act (FICA), NTUC would have to disclose to the registrar any political donations of $10,000 or more annually, as well as any foreign affiliations.

 

MHA said that the transparency requirements would help detect and prevent foreign interference in Singapore's political affairs.

 

In response, NTUC Secretary-General Ng Chee Meng said NTUC is aligned with national safeguards to prevent foreign interference. He added that NTUC will continue to ensure its operations remain free from foreign influence.

 

NTUC will review MHA’s requirements for the designation process, said Mr Ng.

 

He also assured NTUC “members, partners, and stakeholders that NTUC’s core work to better workers’ lives and livelihoods will continue unabated.”

 

“NTUC is committed to championing our members' and workers' interests. We do so with accountability and transparency,” he added.

 

NTUC will be designated at the federation level, which does not include NTUC’s affiliated unions, associations or enterprises.

 

Close nexus and symbiotic relationship with the PAP

 

MHA said the registrar has assessed that NTUC’s activities are directed towards a political end in Singapore. This is “given its close nexus and symbiotic relationship with the People’s Action Party [PAP].”

 

A political end refers to any activity or conduct that promotes the interests of a political party or influences the outcome of any election, national referendum, Singapore Government decisions, or changes in the law or legislative process, amongst other things.

 

MHA added: “In the Registrar’s opinion, it is in the public interest for countermeasures under FICA to be applied to NTUC. This will mitigate NTUC’s risk of being a target of foreign interference.”

 

Singapore Management University Associate Professor of Law Eugene Tan told LabourBeat that the intent to designate NTUC as a PSP is a necessary and timely move by the Government.

 

He said: "Given the well-publicised longstanding symbiotic relationship between the NTUC and PAP, this intended designation is a proper and needed application of the law to prevent, detect, and disrupt foreign interference in our domestic politics. 


"It will be business as usual in that the designation, when it happens, will not change the political landscape in any significant way. It will not affect how NTUC engages the PAP government and vice-versa."

 

He said: "As I understand it, NTUC is not assessed to be a local proxy of a foreign principal or entity. There may be some misunderstanding as to why NTUC is being designated as a PSP under FICA.

 

"I see this as an even-handed application of the law and that it is a pre-emptive move."

 

Asc Prof Tan added: "Even-handed because the law cannot discriminate between entities that are closely connected with the ruling party and those that are not. The former could be argued to be more likely to be a target of foreign actors seeking to interfere in our domestic politics.

 

"Pre-emptive in that it signals that the unique position and standing of NTUC in the political landscape necessitates specified transparency declarations to prevent it from being a proxy of a foreign actor."

 

The symbiotic relationship between NTUC and PAP dates back to NTUC’s founding in 1961.

 

At the May Day Rally 2024, former Prime Minister Lee Hsien Loong said the “symbiotic partnership was born in a crucible of fire.”

 

At the same rally, Mr Ng said: "We will deepen the symbiotic relationship with the PAP. We will work with the PAP government and employers to build a prosperous Singapore and strive for better wages, welfare, and work prospects for all.”

 

Continuing tripartism

 

The Ministry of Manpower (MOM) noted that the NTUC's designation as a PSP does not prohibit its ongoing activities.

 

“MOM will continue to work with NTUC as a key tripartite partner. NTUC’s activities have been in compliance with the Trade Unions Act,” it added.

 

NTUC has 14 days to submit representations to the registrar.