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Ms Fu outlined two practical challenges in enforcing laws across borders: gathering evidence and securing the cooperation of companies outside Singapore.<\/p>\n
While Section 10 notices under the Transboundary Haze Pollution Act help Singapore obtain information needed to establish the facts and trace relevant corporate links, practical challenges remain in applying these powers against overseas companies, Ms Fu said.<\/p>\n
She noted that serving a notice can be difficult as Singapore cannot simply exercise its enforcement powers in another jurisdiction.<\/p>\n
Even after a notice is served, enforcement can remain difficult if the overseas company refuses to comply and none of its officers enters Singapore.<\/p>\n
“Cooperation is therefore important. But our enforcement framework should not allow a company to frustrate an investigation simply by refusing to cooperate or remaining outside Singapore,” Ms Fu said.<\/p>\n
She said Singapore has “consistently expressed openness” to working with Indonesian authorities who share the common objective of holding responsible companies accountable.\u00a0<\/p>\n
“This posture, this position, will not change, has not changed, even as we press ahead to make adjustments,” she added.\u00a0<\/p>\n
Another challenge is investigating transboundary haze, as much of the evidence is overseas. Apart from establishing that a fire occurred, the relevant corporate and operational links need to be confirmed.<\/p>\n
These include who owns or controls the land, the relationships between different companies, and what steps were taken to prevent and fight the fires.<\/p>\n
Corporate structures, operations and supply chains can span multiple jurisdictions, making it difficult for Singapore authorities to obtain the necessary information, she said.<\/p>\n
“Even where information or documents are provided by an overseas company, independently verifying them can be difficult,” Ms Fu said, adding that Singapore authorities cannot simply enter another jurisdiction to conduct investigations or gather evidence.<\/p>\n<\/div>\n
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