6 firms, one lawyer appointed to specialist panel tasked with probing 10 S’pore firms’ links to haze

SINGAPORE – Six firms and a lawyer have been appointed to a specialist panel that will examine and hold accountable firms linked to the fires in Indonesia that have caused haze in Singapore.

In a joint statement on Oct 30, the Ministry of Law (MinLaw) and National Environment Agency (NEA) said the firms in the panel consist of:

Investigations firms

• Control Risks Group

• FTI Consulting (Singapore)

• Kroll Singapore

Law firms/ legal advisers

• Dentons Rodyk & Davidson LLP

• Toby Landau KC of Duxton Hill Chambers

• TSMP Law Corporation

• WongPartnership LLP

MinLaw and NEA said the firms bring expertise in forensic investigations, financial analysis, corporate intelligence, risk advisory, and legal services.

More firms or legal advisers may be added to the panel, the joint statement said, noting that some law firms could not be appointed as they are advising the companies the Government had identified.

Companies must, at their own expense, engage one of the investigations firms and one of the law firms or legal advisers set out in the panel.

The formation of this panel was first announced on Oct 23. The Ministry of Law had said then that it comprises professionals with the expertise to conduct cross-border inquiries, trace complex corporate relationships, and examine supply chains across multiple jurisdictions.

The panel’s work will be coordinated by Davinder Singh Chambers, which the Government said has extensive experience in cross-border inquiries and complex legal structures.

The ministry had also said that government agencies, including the Attorney-General’s Chambers, may face limitations in carrying out such work in other jurisdictions, hence the need for these external parties.

In a meeting on Oct 28, representatives from the 10 Singapore firms issued notices under Singapore’s Transboundary Haze Pollution Act were summoned for a closed-door meeting at The Treasury building with Senior Minister K. Shanmugam, Deputy Prime Minister Gan Kim Yong and Minister for Sustainability and the Environment Grace Fu.

During that meeting, Shanmugam told them that they must engage a firm from the specialist panel to conduct thorough inquiries into their operations, corporate relationships and supply chains. Audits will have to be submitted to the authorities.

The 10 companies issued notices – which include Wilmar International and Asia Pulp & Paper (APP) – will have to engage those firms at their own expense.

While the law currently does not give the NEA – the agency administering the law – the power to request firms to appoint investigators to study a firm’s operations, corporate relationships or supply chains, the Government will propose changes to it at the next Parliamentary sitting next week.

NEA will be given the authority to do so if the proposed amendments take effect, and failing to comply will be considered an offence, Shanmugam warned.

MinLaw and NEA also said Davinder Singh Chambers will coordinate the work done by the panel firms to ensure that their evaluation reports effectively address the issues and contain the information and evidence needed by the NEA for its assessment.

The 10 Singapore companies issued notices under the haze law are:

• APP Company

• APP Company (China)

• Bumitama Agri

• Golden Agri International

• First Resources

• Indofood Agri Resources

• Kencana Agri

• TSH Global Plantation

• TSH Oversea

• Wilmar International

Findings from the panel firms will then determine whether further action is required, said the joint statement.