Singapore to set up specialist panel to investigate firms potentially linked to transboundary haze

SINGAPORE: The Ministry of Law (MinLaw) said on Friday (Oct 23) that the Singapore government would set up a specialist panel to probe firms that may be responsible for, or have contributed to, the fires causing haze in Singapore.The specialist panel will comprise law firms, audit firms and investigative firms with expertise in conducting cross-border inquiries and investigations, said MinLaw.The move comes after the haze returned to Singapore this year, causing stretches of unhealthy air quality since Sep 4."The government has announced that it will seek to identify and hold accountable companies that may be responsible for, or have contributed to, the fires causing haze in Singapore," said MinLaw in a press release. "The conduct of local and foreign companies, their corporate relationships and supply chains, will be examined to establish whether they have been involved in causing or condoning the fires that caused or contributed to the haze." "The government will require these companies to provide complete access to information and other relevant facts about their operations, supply chains and corporate group structures to satisfy the government that the companies are not in any way involved in causing or condoning the fires," said MinLaw.Companies identified by the government will be required to engage professionals from the panel to conduct thorough inquiries into their operations, corporate relationships and supply chains, and to submit thorough audits to the government. They will also be expected to cooperate fully and provide unfettered access to relevant information and their operations as may be necessary for the inquiries, said MinLaw."The panel will help the government establish the facts, including where complex corporate structures and commercial arrangements span multiple jurisdictions," it added. Davinder Singh Chambers, which specialises in dispute resolution and international arbitration, has been appointed to advise on coordinating the work done by the panel experts to make sure the necessary inquiries and investigations are properly conducted across different jurisdictions, said MinLaw. "Mr Davinder Singh SC has extensive experience in cross-border corporate investigations and complex legal structures, and will provide specialist advice and guidance on the conduct of the inquiries," it added.The ministry said the findings of the inquiries will be assessed by the relevant government agencies and the Attorney-General’s Chambers. "Meanwhile other regulatory agencies in Singapore, including MAS (Monetary Authority of Singapore) and NEA (National Environment Agency) are following up on this matter too. Further details will be released next week," it said.POSSIBLE LEGAL LIMITATIONSA MinLaw spokesperson noted that the inquiries will require information-gathering and related work overseas, which may face legal and practical limitations."This is because there are generally limitations imposed by countries on what work can be done in their territories by overseas government agencies," said the spokesperson.Davinder Singh Chambers has extensive experience in cross-border inquiries and complex legal structures, and they will advise the government, while helping to coordinate and manage the conduct of inquiries across different jurisdictions, the spokesperson added. Senior Minister K Shanmugam had warned on Monday that Singapore would use every legal, regulatory and economic lever at its disposal against companies responsible for the haze and pursue them for "as long as it takes".He also said then that the country was ready to strengthen its laws against such companies "on an urgent basis".Earlier this month, Singapore said it would issue preventative measures notices to 10 companies in Indonesia under the Transboundary Haze Pollution Act over fires in Kalimantan and Sumatra that may have contributed to haze in Singapore.Under the notices, the companies will be required to deploy firefighting personnel to extinguish fires or prevent them from spreading on land they own or occupy.They must also stop any ongoing burning activities, refrain from starting new ones, and submit action plans to NEA detailing measures to put out fires and prevent them from recurring.Speaking on what levers Singapore can pull against errant firms, Mr Shanmugam said on Monday that the country will look beyond the individual companies that hold concessions, but also into large groups and "persons who may ultimately control them"."If there are linkages, we will try and go after these groups as well," he said.