The Singapore Police Force on Thursday (21 December) said Singaporean Kwek Kee Seng, who had a USD 5 million bounty offered by the US government, was charged in court for alleged involvement in the shipment of gasoil, a prohibited export item, to the Democratic People’s Republic of Korea (DPRK), in contravention of the United Nations (Sanctions – DPRK) Regulations 2010.

Kwek’s accomplice Justin Low Eng Yeow and three companies related to them were also charged for their involvement in shipment.

Charges relating to the supply of prohibited export item to the DPRK, related financial transactions and falsification of documents

Investigations by the Commercial Affairs Department revealed that Kwek had allegedly conspired with five other individuals based overseas to supply gasoil to the DPRK from September to November 2019 using the vessel MT Courageous, an oil tanker, via ship-to-ship transfers on six occasions and at the Nampo Port, DPRK on the last occasion. The gasoil supplied amounted to approximately 12,260 metric tons. Arising from this, Kwek was charged with seven counts under Regulation 5(a) read with Regulation 16(1) of the United Nations (Sanctions – DPRK) Regulations 2010.

Kwek also allegedly used the bank account of a company he had control of to receive and make payments in relation to the abovementioned offences. He transferred funds on four occasions for the purchase of gasoil which were eventually supplied to the DPRK. Kwek, who was the majority shareholder and director of the company, also allegedly falsified documents belonging to the company on two occasions. Arising from this, the company was charged for four counts under Regulation 12(1)(b) read with Regulation 16(1) of the United Nations (Sanctions – DPRK) Regulations 2010, while Kwek was charged with two counts under Section 477A of the Penal Code.

In addition, Kwek also allegedly used another company on five occasions to receive payment for the prohibited supply of gasoil to the DPRK, in contravention of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) (“CDSA”). Arising from this, this other company was charged with five counts under Section 47(3) of the CDSA, while Kwek was charged with five counts under Section 47(3) read with Section 59 of the CDSA.

Arising from this, Low and his company were each charged with nine counts under Regulation 12(1)(b) read with Regulation 16(1) of the United Nations (Sanctions – DPRK) Regulations 2010.

Charges relating to obstruction of justice and failure to report

Kwek also faces two charges in connection with obstructing the course of justice. He allegedly lied to the investigation officer and disposed of a phone which contained evidence pertaining to his involvement in the prohibited supply of gasoil to the DPRK. He also allegedly failed to inform the Police about the prohibited supply of gasoil to the DPRK by another vessel, MT Viet Tin 01, in February 2019. Arising from this, Kwek was charged with two counts under Section 204A(b) of the Penal Code and one count under Regulation 14(1)(c) read with Regulation 16(1) of the United Nations (Sanctions – DPRK) Regulations 2010

If convicted, an individual faces:

• For each charge under the United Nations Act, an imprisonment term of up to 10 years, a fine or both
• For each charge under Section 204A of the Penal Code, an imprisonment term of up to seven years, a fine or both;
• For each charge under Section 477A of the Penal Code, an imprisonment term of up to 10 years, a fine or both
• For each charge under Section 47(3) of the CDSA, an imprisonment term of up to 10 years, a fine or both.

In the case of a corporate entity, offenders can be given a fine not exceeding $1 million if convicted for each charge under the United Nations Act and Section 47(3) of the CDSA.

The United Nations (Sanctions – DPRK) Regulations 2010 of the United Nations Act give effect to sanctions imposed by the United Nations Security Council on DPRK to curb the proliferation of weapons of mass destruction. Singapore takes its obligations under the United Nations Security Council Resolutions seriously and implements them fully and faithfully. We will not hesitate to take action against any individual or entity that breaches our laws and regulations.

Manifold Times previously reported the U.S. Department of State’s Rewards for Justice (RFJ) program, which is administered by the Diplomatic Security Service, posting a notice, offering a reward of up to USD 5 million for information about Kwek. 

Related: US government offers USD 5 million reward for Singaporean over DPRK petroleum dealings
Related: OFAC adds Singaporean, local firms in sanctions list over DPRK petroleum dealings
Related: U.S. seizes Singaporean-owned oil tanker “M/T Courageous” at Cambodian port
Related: U.S. seizes oil tanker ‘M/T Courageous’; Singaporean charged over DPRK sanctions

Photo credit: U.S. Department of State
Published: 26 December, 2023