MinLaw and NEA select seven firms for panel investigating 10 companies

Singapore’s Ministry of Law (MinLaw) and National Environment Agency (NEA) announced on Oct. 30 the selection of seven firms to form a specialist panel investigating 10 Singapore-based companies linked to haze-causing fires in Indonesia. The panel includes three investigation firms—Control Risks Group, FTI Consulting (Singapore), and Kroll Singapore—and four law firms or legal advisers: Dentons Rodyk & Davidson LLP, Toby Landau KC of Duxton Hill Chambers, TSMP Law Corporation, and WongPartnership LLP.

What the Panel Will Do

The panel, coordinated by Davinder Singh Chambers, will assess the companies’ operations, corporate relationships, and supply chains to determine if they contributed to the haze. Companies must engage a team from the panel at their own expense, with findings submitted to the NEA. The government plans to amend the Transboundary Haze Pollution Act to grant the NEA authority to mandate such assessments, according to a joint statement from MinLaw and NEA.

Irresponsible business practices drive haze crisis

The haze crisis, driven by fires in Indonesia, has disrupted Singapore’s air quality and public health. Senior Minister K. Shanmugam emphasized during a meeting with company leaders on Oct. 28 that firms must ensure their operations and supply chains do not contribute to the haze, stating, “Haze is caused by fires. Fires are caused by irresponsible business practices.”

Shanmugam haze linked companies indonesia fires
Photo: AsiaOne.com

What May Happen Next

The NEA will use the panel’s reports to decide on further action. The government may add more firms to the panel if needed, as some law firms cannot participate due to conflicts of interest. Wilmar International, an agribusiness with oil palm plantations mainly in Sumatra and Kalimantan, became the first of the 10 companies to publicly say it would engage panel assessors, pledging to grant assessors access to its records and sites.

Did You Know? The panel’s work may include analyzing satellite hotspot data, as noted by Senior Minister K. Shanmugam, who mentioned the potential involvement of remote sensing and geospatial analysts in the assessment process.

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Expert Insight: By leveraging external experts, the government aims to address limitations government agencies, including the Attorney-General’s Chambers, may face in carrying out work in other jurisdictions.

How many companies are under investigation?

How many companies are under investigation?

10 Singapore-based companies have been identified, including Wilmar International, Bumitama Agri, and Asia Pulp & Paper Company.

MinLaw and NEA select seven firms for panel investigating 10 companies
Photo: Bloomberg

What legal changes are planned?

The government intends to amend the Transboundary Haze Pollution Act to grant the NEA authority to require companies to engage panel assessors, with non-compliance potentially constituting an offense.

Who coordinates the panel’s work?

Davinder Singh Chambers, appointed as advisor on Oct. 23, will oversee the panel’s reports to ensure they meet the NEA’s evidentiary standards.