FAQs: Reconsideration and Appeal
The FAQs are intended to provide guidance to parties on the policy provisions and the administration of SIRA. They do not constitute as legal advice.
If you have further clarifications, feel free to contact us at contact@osir.gov.sg.
What decisions, directions or orders can parties submit for reconsideration or appeal against?
The Significant Investments Review Act has been designed to be business-friendly.
Reconsideration applications and appeals can be submitted for all decisions, directions or orders issued, except for the certificate issued by the Minister charged with the responsibility for internal security that states that the Minister is satisfied that the entity has acted against our national security interests.
What is the process for submitting a reconsideration application and are there any fees?
Parties may seek reconsideration from the Minister within 14 calendar days after receiving the decision. They may use the Reconsideration Application form and email the completed form to submissions@osir.gov.sg.
There are no fees payable when submitting a reconsideration application.
The Minister's decision must be complied with and remains in effect until it is cancelled or substituted on reconsideration. No further reconsideration can be made after Minister makes a decision on the reconsideration application.
Parties may wish to refer to Reconsideration Process for a step-by-step process flow.
What is the process for submitting an appeal and are there any fees?
Parties aggrieved by either an initial appealable decision affirmed on reconsideration, or a substitute appealable decision made on reconsideration may appeal to an independent Reviewing Tribunal within 30 calendar days after the reconsideration decision.
Parties will be required to pay the prescribed appeal fee of $200 as part of the application.
Appellants may use the relevant form available on MTI website and email the completed form to secretary@siratribunal.gov.sg.
The Minister's reconsideration decision remains in effect until it is reversed on appeal. The Reviewing Tribunal's decision is final.
Parties may wish to refer to Appeal Process for a step-by-step process flow.
What is the composition of the Reviewing Tribunal?
Each Reviewing Tribunal will consist of three individuals, appointed by the President on the advice of the Cabinet, including a chairperson who is a Supreme Court judge.
What is the timeline for the Minister to arrive at a reconsideration outcome, or for the Reviewing Tribunal to make its decision on an appeal?
Given that there may be diverse and complex considerations relating to national security concerns, decision-making authorities should be allowed adequate time to conduct thorough assessments and properly review the case before them.
Nonetheless, we will endeavour to process all applications for reconsideration and appeal expeditiously.