Offences
Learn how companies may face enforcement under the CWPA, Customs Act, RIEA and SGCA for breaching regulatory requirements, and where to find offence and penalty details.
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 a controlled chemical under the Chemical Weapons (Prohibition) Act (CWPA), you must:
Obtain a valid CWC licence from NA (CWC)
Ensure accurate, complete and timely permit applications are submitted to and approved by the relevant Competent Authorities prior to import/export activities
Comply with all regulatory and declaration requirements under the CWPA
Singapore Customs takes offences under the CWPA seriously and will enforce penalties for non-compliance. Exercise due diligence if your activities involve controlled chemicals, whether in Singapore or abroad. Check regularly for updates on CWC licensing matters.
Examples of Common Offences
Below are common mistakes that can lead to enforcement action:
Failure to obtain a valid CWC licence or comply with licence conditions for activities, such as using, producing, acquiring or transferring scheduled chemicals or discrete organic chemicals (DOCs).
For example, not applying for an increase in the licensed quantity of a scheduled chemical.
Refusal or failure, without reasonable cause, to submit required periodic reports to Singapore Customs or to maintain records related to chemicals and facilities, including:
Failure to submit the Annual Declaration of Past Activities.
Failure to submit a complete and correct import permit application, including missing details such as the Customs Procedure Code (CPC), CWC licence number, NA (CWC) product code, or chemical purity.
Penalties for Common Offences
Penalties for offences under the CWPA and the Regulation of Imports and Exports Act (RIEA) can include seizure and forfeiture of goods, fines and imprisonment. In some cases, Singapore Customs may offer to compound the offence for up to S$5,000 per violation.
Offences and Penalties Under the Chemical Weapons (Prohibition) Act (CWPA)
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 riot control agent as a method of warfare (Section 8 CWPA) | Imprisonment for a term which may extend to life imprisonment and fine up to S$1 million. |
Failure to obtain a licence or comply with licence conditions for controlled activities involving scheduled chemicals or DOCs. (Section 9 CWPA) | Schedule 1 chemicals: Other CWPA controlled chemicals: |
Refusal or failure, without reasonable cause, to submit periodic reports or maintain records related to chemicals and facilities. (Section 12 CWPA) | Fine up to S$6,000 or imprisonment up to 6 months; or both. |
Intentionally or recklessly refuses or fails, without reasonable cause, to provide 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 CWPA) | Fine up to S$6,000 or imprisonment up to 6 months; or both. |
Companies that breach regulatory requirements for scheduled chemicals may also face enforcement action under the Customs Act, the RIEA and the Strategic Goods (Control) Act (SGCA).
For full details on all prescribed offences and penalties, refer to the relevant provisions under the Customs Act, CWPA, RIEA and SGCA.
Best Practices for Compliance
Observe the following Dos and Don’ts to ensure your compliance with regulatory requirements.
Do:
Obtain a valid CWC licence before engaging in controlled activities.
Check whether scheduled chemicals are also controlled under other regulations, e.g., the Strategic Goods Export Permit for certain exports.
Review the list of CWC Member States and their relevant import/export restrictions.
Verify end-users' legitimacy to ensure chemicals are not supplied to sanctioned entities.
Apply for the correct permit type and complete all mandatory fields accurately.
Do Not:
Assume all scheduled chemicals have the same level of control. They are classified under three different schedules, each with varying requirements based on purity, activity type, and countries receiving or supplying the chemicals.
