First case in Singapore involving the use of a Deferred Prosecution Agreement (DPA) to address corporate criminal liability

First case in Singapore involving the use of a Deferred Prosecution Agreement (DPA) to address corporate criminal liability

On 30 July 2025, Seatrium Limited announced that it had signed a Deferred Prosecution Agreement (“DPA”) with the Attorney-General’s Chambers (“AGC”) in Singapore in respect of alleged corruption offences that occurred in Brazil. 

This follows the company’s earlier announcement more than a year ago, on 28 March 2024, that the AGC was agreeable to entering into a DPA with the company for a financial penalty of USD 110 million, and parties were in the midst of finalising the exact terms of the DPA.  

Under the DPA, the company is required to pay a financial penalty of USD 110 million (approx. SGD 141 million) to the Singapore authorities. Of this amount, the Singapore authorities have agreed for the company to use USD 53 million (approx. SGD 68 million) to offset its settlement payment to the Brazilian authorities under leniency agreements concerning the same alleged corruption incidents (for over BRL 728.9 million, approximately SGD 168.4 million). Accordingly, the amount payable by the company to the Singapore authorities under the DPA will be USD 57 million (approx. SGD 73 million). 

In total, the company will pay around SGD 241 million in financial penalties to the Singapore and Brazilian authorities.

This marks the first time Singapore has used a DPA to resolve corporate criminal liability since DPAs were first introduced in 2018. This case sets a precedent for how Singapore may handle complex corporate misconduct cases moving forward.

We set out below a brief outline of the nature of a DPA as well as the anticipated next steps in respect of filings in court and subsequent orders, which may provide further details on the settlement. 

What is a DPA?

A DPA is an agreement between the Public Prosecutor and a corporate entity (the “subject”) that has been charged with an alleged offence, or which the Public Prosecutor is considering prosecuting for an alleged offence. 

The DPA mechanism allows the Public Prosecutor to defer criminal charges against the subject, for certain offences¹ like corruption or money laundering, if the subject complies with certain conditions, which can include:

• Paying financial penalties (which could be significantly higher than the maximum fines for the relevant offence).
• Disgorging any profits made from the alleged offence.
• Implementing or making changes to internal controls and compliance programmes.
• Appointing a compliance monitor.
• Cooperating with investigations.
• Avoiding further offences during the DPA period.

What is the legal effect of a DPA?

While the DPA is in force, the subject is deemed to have been granted a discharge not amounting to an acquittal in respect of the alleged offence, which means that it cannot be prosecuted for the alleged offence in any criminal proceedings. 

Upon the expiry of the DPA, the High Court may grant the subject a discharge amounting to an acquittal. 

Can the prosecution be reinstated? 

The DPA may be terminated if the subject breaches any condition of the DPA. When this happens, the Public Prosecutor may then prosecute the subject for the alleged offence. The subject will not be entitled to recover any money that it had earlier paid under the DPA’s conditions. 

The Public Prosecutor may also initiate new criminal proceedings for the alleged offence if it finds out that the subject had provided inaccurate, misleading or incomplete information during the negotiations for the DPA. 

Who can negotiate a DPA with the Public Prosecutor?

Only corporate entities, limited liability partnerships, partnerships and unincorporated associations can enter into a DPA with the Public Prosecutor. Individuals cannot do so. 

A subject must be represented by a lawyer at the time it enters into a DPA.

What information goes into a DPA?

A DPA must contain a charge and statement of facts relating to the alleged offence. The statement of facts may include admissions made by the subject that enters into the DPA.

The statement of facts will be treated as an admission by the subject, in any criminal proceedings brought against the subject for the alleged offence (e.g. where the subject breaches the conditions of the DPA). 

What happens after a DPA is agreed upon between the subject and the Public Prosecutor?

When the Public Prosecutor and the subject have agreed on the terms of a DPA, the Public Prosecutor must apply to the General Division of the High Court for a declaration that:

• The DPA is in the interests of justice; and
• The terms of the DPA are fair, reasonable and proportionate.

There will be a private Court hearing where the Public Prosecutor and the subject may submit on the application. 

Will the DPA be publicised?

By default, yes. After the General Division of the High Court makes the declaration, the Public Prosecutor must give public notice, via a publication in the government Gazette, of the following:

• The DPA.
• The Court’s declaration.
• The reasons given by the Court for its decision (if any).

However, the Court may order redactions or prevent the publication of information relating to the DPA, if it is satisfied that it is expedient in the interests of justice, public safety, public security or propriety, or for any other sufficient reason, to do so. 

Concluding remarks

This case marks a significant milestone in Singapore’s adoption of DPAs and underscores its commitment to international cooperation in combating cross-border crime. It also demonstrates Singapore’s commitment towards holding corporations more accountable for serious offences and highlights the risk of cross-border investigations, prosecutions, and substantial penalties in respect of corruption, money laundering and related offences. 

Companies operating in or through Singapore should closely monitor this evolving enforcement landscape and take active steps to strengthen their compliance frameworks to mitigate potential exposure. 

1  See Sixth Schedule of the Criminal Procedure Code 2010