🇸🇬 Singapore → 🇺🇸 United States

The case concerned a United States request for the extradition of four persons from Singapore in connection with alleged schemes involving the export of goods from the United States through Singapore. Wong and Nam were sought in relation to an alleged conspiracy to export radio frequency modules to Iran in breach of US trade sanctions. Seng and Hia were sought in relation to an alleged conspiracy to export antennae classified as defence articles under US law without the required licence. The High Court of Singapore reviewed the applicants’ detention after they had been committed to custody pending extradition. The Court held that a person may be a “fugitive” for the purposes of Singapore extradition law even if physically never present in the requesting State, provided the alleged offence falls within that State’s jurisdiction. It also adopted a conduct-based approach to double criminality, asking whether the alleged conduct, properly transposed to Singapore, would constitute an offence under Singapore law. Applying that test, the Court allowed Wong’s and Nam’s applications. Their alleged conduct essentially concerned breach of US trade sanctions against Iran, but Singapore had not adopted equivalent absolute prohibitions at the relevant time; treating their conduct as criminal would amount to enforcing a foreign trade policy not incorporated into Singapore law. By contrast, the Court dismissed Seng’s and Hia’s applications, finding that their alleged involvement in exporting controlled military-use goods without a licence would be punishable in Singapore and fell within the extraditable categories under the Singapore–US treaty. Wong and Nam were ordered to be released, while Seng and Hia remained liable to extradition proceedings.