King's Counsel, 6 firms selected for haze probe panel, more may be added if necessary: MinLaw, NEA

The specialist panel is a group of investigation firms, law firms and a legal adviser selected to assess companies that may have caused or contributed to fires linked to Singapore’s haze. It matters because the findings could help NEA decide whether further action is warranted under Singapore’s haze laws.

Each company identified by the government must engage a team from the panel. That team includes one investigation firm and one law firm or legal adviser. Together, they will examine the company’s operations, corporate relationships and supply chains. Their work may include forensic investigations, financial analysis and corporate intelligence.

The assessors will submit an evaluation report to NEA. Companies must pay the assessment costs themselves. Davinder Singh Chambers will coordinate the panel’s work, ensuring reports contain the information and evidence NEA needs. More panel members may be added if necessary, although some firms cannot participate because they advise identified companies.

The seven members are Control Risks Group, FTI Consulting (Singapore), Kroll Singapore, Dentons Rodyk & Davidson LLP, Toby Landau KC of Duxton Hill Chambers, TSMP Law Corporation and WongPartnership LLP. They were selected because the investigation requires both evidence-gathering and legal analysis.

Control Risks provides strategic intelligence and security services. FTI Consulting works in forensic investigations, restructuring, risk and compliance. Kroll offers investigations, forensic accounting and compliance services. The four legal advisers bring experience in corporate law, dispute resolution, regulatory matters, government investigations, arbitration and investment treaty disputes.

This mix allows each assessment team to examine both facts and legal relationships. MinLaw and NEA said the members bring expertise in forensic investigations, financial analysis, corporate intelligence, risk advisory and legal services. Toby Landau’s KC title recognises senior legal expertise and advocacy experience in the United Kingdom and some Commonwealth jurisdictions.

The government identified 10 companies as potentially linked to the haze-causing fires. This is the number of companies that received notices under Singapore’s Transboundary Haze Pollution Act and were asked to cooperate with investigations.

The companies represented at the meeting included Bumitama Agri, First Resources, Golden Agri-Resources, Indofood Agri Resources, Kencana Agri, TSH Resources, Wilmar International and Sinar Mas Group. Sinar Mas Group also represented Asia Pulp & Paper Company and Asia Pulp & Paper Company (China).

Their senior executives met Deputy Prime Minister Gan Kim Yong, Senior Minister K Shanmugam and Minister Grace Fu. The companies pledged to cooperate fully. The government plans to amend the Act at the next parliamentary sitting, giving legal force to the assessment framework. Further action will depend on NEA’s evaluation of the submitted reports and evidence.

Assessors will examine three central areas: a company’s operations, its corporate relationships and its supply chains. These areas can show how a company is structured, who controls or supplies it, and whether activities connected to it may relate to fires causing or contributing to Singapore’s haze.

The panel’s expertise supports this work. Investigation firms may conduct forensic investigations, financial analysis and corporate intelligence reviews. Legal advisers can examine corporate structures, regulatory issues and possible responsibilities. Senior Minister K Shanmugam also said assessors may engage remote sensing and geospatial analysts to analyse satellite hotspot data.

The assessment does not automatically establish liability. Assessors will submit an evaluation report to NEA, which will consider the findings when deciding whether further action is warranted. Companies must pay for their own assessments. The planned amendments to the Transboundary Haze Pollution Act are intended to give the framework legal force.

If an assessment finds that a company caused or condoned fires that caused or contributed to Singapore’s haze, NEA may consider whether further action is warranted. The assessment itself is an evaluation process, not a stated automatic penalty or final finding of legal responsibility.

The assessors will send their report to NEA after examining the company’s operations, corporate relationships and supply chains. They may also use specialist evidence, including satellite hotspot analysis by remote sensing or geospatial experts. Companies identified by the government must pay the assessment costs and cooperate with the investigation.

The article does not name the precise consequences of an adverse assessment. However, the government intends to table amendments to the Transboundary Haze Pollution Act at the next parliamentary sitting. Those amendments would give legal force to the assessment framework. NEA will use the findings to determine whether additional action should follow.

Satellite hotspot data can provide a broad view of where fires are burning, including areas that investigators may not be able to visit directly. That matters when fires linked to haze occur across national borders and evidence must be assessed from Singapore.

Senior Minister K Shanmugam said assessors may engage remote sensing and geospatial analysts to analyse satellite hotspot data. These specialists can examine the location and pattern of hotspots, then compare that information with a company’s operations, corporate relationships and supply chains. The data can therefore support a wider corporate investigation.

Satellite information would be one part of the assessment, not the only evidence identified in the article. Investigation firms may also conduct forensic investigations, financial analysis and corporate intelligence work. Their team will submit an evaluation report to NEA, which will consider all findings when deciding whether further action is warranted.

Transboundary haze pollution refers to haze that reaches Singapore from fires associated with activities beyond Singapore’s territory. The article focuses on companies potentially linked to those fires and on whether they caused or condoned conduct that caused or contributed to the haze.

Singapore can investigate through notices issued under its Transboundary Haze Pollution Act. Identified companies were asked to engage an investigation firm and a law firm or legal adviser from the specialist panel. Those teams will examine operations, corporate relationships and supply chains, while specialists may analyse satellite hotspot data.

The framework connects Singapore’s response to companies and evidence, rather than only to the physical location of the fires. The article says all 10 companies pledged to cooperate. The government also intends to amend the Act at the next parliamentary sitting, giving legal force to the assessment framework. The article does not state the final penalties for companies found responsible.