MAURITIUS BACKGROUND CHECK

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General Information
GDP USD12.616bn (World ranking 130, World Bank 2014)
Population 1.26 million (World ranking 156, World Bank 2014)
Form of state Parliamentary Democracy
Head of government Anerood JUGNAUGHT
Next elections 2017, presidential

 

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PRODUCTS IN MAURITIUS

Data Protection

Contribution Details

Conyers Dill & Pearman (Mauritius) Limited

Ashvan Luckraz

Stephen Scali

Law

Data Protection Act 2004 (the “MU DPA”) was enacted for the protection of the privacy rights of individuals in response to the developments in the techniques used to capture, transmit, manipulate, record or store data relating to individuals. The MU DPA came into operation

in February 2009. Data Protection Regulations were issued in 2009 by the Data Protection Office. It also is responsible for ensuring compliance with the Data Protection Act and bringing enforcement actions.

Definition of Personal Data

“Personal data” means –

(a) data which relate to an individual who can be identified from those data; or

(b) data or other information, including an opinion forming part of a database, whether or not recorded in a material form, about an individual whose identity is apparent or can reasonably be ascertained from the data, information or opinion.

Definition of sensitive Personal Data

“Sensitive personal data” means personal information concerning a data subject that include information as to:

  • the racial or ethnic origin;
  • political opinion or adherence;
  • religious belief or other belief of a similar nature;
  • membership to a trade union;
  • physical or mental health;
  • sexual preferences or practices;
  • the commission or alleged commission of an offence; or
  • any proceedings for an offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings.

National Data Protection authority Data Protection office

Registration

Every data controller (and, in principle every data processor) must:

  • apply for registration in writing to the Commissioner; and
  • together with the application, provide the particulars specified, in the case of a data

controller, in section 35 of the MU DPA and, in the case of a data processor, in section 35A of the MU DPA.

Subject to Part VII of the MU DPA (which sets out sections of the MU DPA to which data controllers are exempt from), the MU DPA shall apply to a data controller

  • who is established in Mauritius and processes data in the context of that establishment; and
  • who is not established in Mauritius but uses equipment in Mauritius for processing data,

other than for the purpose of transit through Mauritius.

A data controller, who is not established in Mauritius, shall nominate for the purposes of this Act,

a representative established in Mauritius.

A Controller will be treated as being established in Mauritius if:

  • they are ordinarily resident in Mauritius; or
  • they carry out data processing activities through an office, branch or agency in Mauritius.

An application for registration as a data controller must contain: (i) a description of the personal data being, or to be, processed by or on behalf of the data controller; (ii) the category of data subjects to which the personal data relates; (iii) specify whether or not he holds or is likely to hold sensitive personal data; (iv) a description of the purpose for which the personal data is being or is

to be processed; and (v) a description of the recipient(s) to whom the data controller intends, or may wish, to disclose the personal data.

The MU DPA also requires that data processors be registered with the Data Protection Office. However, the relevant regulations setting out the procedure to be followed for such registration have not been issued. Thus, for the time being, in practice, data processors do not need to be registered

for the time being.

Where any data controller or data processor intends to keep or process personal data or sensitive personal data for two or more purposes, it must apply a separate registration form for each purpose.

The Commissioner shall grant an application for registration, unless he reasonably believes that:

  • the particulars proposed for inclusion in an entry in the register are insufficient or any other information required by the Commissioner either has not been furnished, or is insufficient;
  • appropriate safeguards for the protection of the privacy of the data subjects concerned are not being, or will not continue to be, provided by the data controller; or
  • the person applying for registration is not a fit and proper person.

Data Protection officers

There is no formal requirement for organizations to appoint a data protection officer in

Mauritius.

However, in practice, for the purposes of registration of a data controller with the data

protection office, a compliance person will need to be designated for every organization.

Collection and Processing

Data controllers may collect and process personal data when any of the following conditions are met:

  • the data subject consents;
  • the data controller needs to process the data to enter into or carry out a contract to which the data subject is a party;
  • processing of data is required for the performance of a contract to which the data subject is a party; or in order to take steps required by the data subject prior to entering into a contract;
  • the processing protects the data subject’s vital interests;
  • the processing is required for compliance with any legal obligation to which the data controller is subject;

processing is needed for the administration of justice; or

processing is needed in the public interest.

The conditions for processing of sensitive personal data include most of the above conditions, but contain an additional list of more stringent conditions that must also be satisfied, such as compliance with a legal obligation to which the data controller is subject; processing that does not involve the disclosure of the personal data to a third party unless the consent of the data subject has been obtained; or where the processing is required by law.

Whichever of the above conditions is relied upon, the data controller must provide the data subject with “fair processing information” notice. This includes the identity of the data controller, the purposes of processing and any other information needed under the circumstances to ensure that the processing is fair and lawful.

Transfer

Personal data must not be transferred to a third country, unless that country ensures an adequate level of protection for the rights of data subjects in relation to the processing of personal data. Adequacy of the level of protection of a country is assessed by considering all the circumstances surrounding the transfer, in particular the nature of the data, purpose and duration of the proposed processing, country of origin and country of final destination, rules of law, both general and sectorial in force in the country in question and any relevant codes of conduct or other rules and security measures which are complied with in that country.

However, personal data transfers to third countries are permissible if:

  • the data subject consents;
  • the transfer is necessary;
  • for the performance of or for entering into a contract between the data subject and the data controller;
  • for the conclusion of or performance of a contract between the data controller and a third party if the contract serves the data subject’s interests; or
  • in the public interest, to safeguard public security or national security.
  • the transfer is made on such terms as may be approved by the Commissioner as ensuring the adequate safeguards for the protection of the rights of the data subject.

In all cases, a data controller cannot transfer personal data to another country, except with the written authorization of the Commissioner.

Security

Data controllers must take appropriate security and organizational measures for the prevention of unauthorized access to, alteration of, disclosure of, accidental loss, and destruction of personal data. The measures must ensure a level of security appropriate to the nature of the personal data and the harm which might result from the unauthorized access to, alteration of, disclosure of, destruction of the data and its accidental loss.

Where a data controller is using the services of a data processor, he must choose a data

processor providing sufficient guarantees regarding security and organizational measures.

In determining the appropriate security measures, in particular, where the processing involves the transmission of data over an information and communication network, a data controller must have regard to (a) the state of technological development available; (b) the cost of implementing any of the security measures; (c) the special risks that exist in the processing of the data; and (d) the nature of the data being processed.

Breach Notification

The MU DPA provides for an option to make a complaint to the Commissioner in cases of actual or potential contraventions of the MU DPA or of its regulations. However, there is no mandatory requirement in the MU DPA to report data security breaches or losses to the Data Protection Office or to data subjects.

The guidelines issued by the Data Protection Office however provide that if a privacy breach creates

a risk of harm to the individual, those affected should be notified so as to mitigate the damage caused or likely to be caused by such harm.

Enforcement

The Commissioner is responsible for the enforcement of the MU DPA.

In cases where the Commissioner is of opinion that a data controller or a data processor has contravened, is contravening or is about to contravene the MU DPA, the Commissioner may serve an enforcement notice on the data controller or the data processor requiring him to take such steps within such time as may be specified in the notice.

The Commissioner can apply to a Judge in Chambers for an order for the expeditious preservation of data (“preservation order”) where he has reasonable grounds to believe that such data is vulnerable to loss or modification.

The Commissioner can also carry out prior security checks in relation to processing of data, and periodic audits of the systems of data controllers to ensure compliance with data protection principles specified under the First Schedule of the MU DPA. It must be noted that on completion of an investigation under the MU DPA, the Commissioner must, where the

investigation reveals that an offense has been committed under the MU DPA or the Regulations, refer the matter to the Police.

A data controller who knowingly supplies false information in relation to particulars furnished (further to his registration with the Data Protection Office) commits an offence and will, on conviction, be liable to a fine not exceeding Rs. 100,000 and to imprisonment for a term of up to

2 years.

If a data controller or data processor does not comply with an enforcement notice (as provided for under the MU DPA) he may be liable for a fine of up to Rs. 50,000 and to imprisonment for a term of up to 2 years.

The MU DPA provides that any person who contravenes the MU DPA commits an offence. Where no specific penalty (e.g. in cases of unlawful disclosure of data) is provided for

an offense, the person will on conviction, be liable for a fine of up to Rs. 200,000 and to imprisonment for a term of up to 5 years.

In addition to any penalty, the Court may (a) order the forfeiture of any equipment or any article used or connected in any way with the commission an offense; (b) order or prohibit any act to stop a continuing contravention.

Electronic Marketing

The MU DPA will apply to most electronic marketing activities, as there is likely to be processing and use of personal data involved (e.g. an email address is likely to be “personal data” for the purposes of the MU DPA). The MU DPA does not prohibit the use of personal

data for the purposes of electronic marketing, but provides individuals with the right to prevent the processing of their personal data (e.g. a right to “opt out”) for use of their personal data for direct marketing purposes.

A person may, at any time, by notice in writing, ask a data controller to cease, or not to begin, the processing of personal data for the purposes of direct marketing. Where the data controller receives such a request, it must, as soon as reasonably practicable and in any event not more than 28 days after the request has been received:

  • erase the data at locations where the personal data are kept only for purposes of direct marketing; and
  • where the data are kept for direct marketing and another purpose, stop processing the data for direct marketing.

Online Privacy (including cookies and Location Data)

Mauritius law does not contain special provisions relating to online privacy.

Whilst Mauritius law does not contain special provisions relating to online privacy, please find set out below guidelines that have been issued by the Commissioner in relation thereto.

Part IV of the MU DPA sets out the obligations to collect personal data in a responsible way by imposing through section 22, the duty to inform the user/s of the identity of the data controller, the purposes for which the data are being collected, the intended recipients or beneficiaries of the data, whether the express consent of the user/s is/are required for the collection and the right of the user/s to access the data, amongst others. Section 27 further provides for the duty of the data controller to cater for appropriate security and organizational measures in order to protect the processing or collection of the data.

Pursuant to the general obligations provided under the MU DPA, the user should be informed when a cookie is intended to be received, stored or sent by the internet software. The message should specify, in clear terms, which personal information is intended to be stored in the cookie, for what purpose as well as the period of validity of the cookie.

On establishing a connection with a web server (sending a request or receiving a web page), the user must be informed which information is intended to be transferred and for what purposes. Hyperlinks are also sent by a website to a user, and the user’s browser should be able to reveal them all to the user.

The MU DPA is also applicable when behavioral advertising is based on the use of identifiers that enable the creation of very detailed user profiles which, in most cases, are personal data.

Ad network providers should create prior opt-in mechanisms. Mechanisms to deliver informed, valid consent should require an affirmative action by the data subject indicating his/her willingness to receive cookies and the subsequent monitoring of his/her surfing behavior for the purposes of sending him/her tailored advertising.

A user’s acceptance to receive a cookie could also entail his/her acceptance for the subsequent readings of the cookie, and hence for the monitoring of his/ her internet browsing. It would not be necessary to request consent for each reading of the cookie.

However, to ensure that data subjects remain aware of the monitoring over time, ad network providers should:

  • limit in time the scope of the express consent;
  • offer the possibility to easily revoke their consent to being monitored for the purposes of serving behavioral advertising; and
  • create a symbol or other tools which should be visible in all the web sites where the monitoring takes place (the website partners of the ad network provider). This symbol would not only remind individuals of the monitoring but also help them to control whether they want to continue being monitored or wish to revoke their consent.

Network providers should ensure compliance with the purpose limitation principle and security obligations. Ad network providers should implement retention policies which ensure that information collected each time that a cookie is read is automatically deleted after a justified period of time necessary for the purposes of the processing.

Ad network providers are bound by the obligations of data controllers insofar as they place cookies and/or retrieve information from cookies already stored in the data subjects’ terminal equipment and determine the purposes and the essential means of the processing of data. Ad network providers have complete control over the purposes and means of the processing.

Publishers will be joint controllers if they collect and transmit personal data regarding their visitors such as name, address, age, location, etc to the ad network provider. To the extent that publishers act as data controllers or processors, they are bound by the obligations arising under the MU DPA regarding the part of the data processing under their control.

Social Networking Site (“SNS”) providers and third party application providers are typically data controllers with corresponding responsibilities towards users. Section 54 of the MU DPA on ‘Domestic purposes” will apply to SNS such that personal data processed by an individual for his personal, family or household affairs or for recreational purposes would be exempt from certain provisions of the Act. The dissemination and use of information available on SNS for other secondary, unintended purposes is of key concern to the Data Protection Office. Robust security and privacy-friendly default settings are advocated throughout the guide as the ideal starting point with regard to all services on offer.

The express consent of the user must be sought for all use/s of his/her data including profile enrichment exercises. Opt-outs facilities must be provided by search engines and requests from users to update/refresh caches must be complied with.

Search engines may only process personal data for lawful and necessary purposes and the amount of data has to be relevant and not excessive in respect to the various purposes to be achieved.

Search engine providers must delete or anonymise personal data in an irreversible manner once they are no longer necessary for the purpose for which they were collected.

The Ombudsman Act

(Passed in 1969)

1. Short title

This Act may be cited as the Ombudsman Act.

2. Oaths of office.
(1) Before performing the duties of their respective offices, the Ombudsman and the Senior Investigations Officer shall take an oath before a Judge that they will faithfully and impartially perform the duties of their offices and that they will not, except in accordance with Chapter IX of the Constitution and this Act, divulge any information received by them in the exercise of their duties.

(2) The other members of the staff of the Ombudsman shall maintain secrecy in respect of all matters that come to their knowledge in the exercise of their duties.

(3) Every person mentioned in subsection (2) shall, before entering upon the exercise of his duties, take an oath to be administered by the Ombudsman, that he will not, except in accordance with Chapter IX of the Constitution and this Act, divulge any information received by him in the exercise of his duties.

3. Procedure.
(1) Any complaint made to the Ombudsman shall be in writing and, subject to subsection(2), a copy of the complaint shall be communicated to a member of the Assembly.

(2) Notwithstanding any other enactment, where a letter is written to the Ombudsman by a person who is in legal custody or is an inmate of a mental hospital or other similar institution, the person in charge of the place where the writer of the letter is detained or is an inmate shall forward the letter unopened immediately to the Ombudsman.
4. Action by department not affected by investigation.
The conduct of an investigation by the Ombudsman shall not affect any action taken by the department or authority concerned, or any power or duty of that department or authority to take further action with respect to any matter which is the subject of the investigation.

5. Privilege of communication.
For the purposes of any enactment relating to defamation, the publication, by the Ombudsman or by any member of his staff, of any report or communication and the publication to the Ombudsman or to any member of his staff of any complaint or other matter shall, if made in accordance with Chapter IX of the Constitution and this Act, be absolutely privileged.

6. Offences.
(1) Any person who, otherwise than in the course of his duty, directly or indirectly, by himself or by any other person, in any manner influences or attempts to influence the decision of the Ombudsman with regard to any complaint made to him or to any investigation made by him, shall commit an offence.

(2) Subject to Chapter IX of the Constitution, any person who is requested by the Ombudsman or by any member of his staff, acting in the exercise of his duties, to furnish any information or to produce any document and who wilfully fails to furnish the information or to produce the document, shall commit an offence.

(3) Any person who, in connection with any matter which lies within the province of the Ombudsman, wilfully gives him any information which is false or misleading in a material particular, shall commit an offence

(4) Any person who commits an offence under this section shall be liable, on conviction, to a fine not exceeding 1,000 rupees and to imprisonment for a term not exceeding 12 months.

7. Expenses and allowances.
The Ombudsman may, where he thinks fit, pay to any person by whom a complaint has been made or to any person who attends, or furnishes information for the
purposes of, an investigation, sums in respect of expenses properly incurred or by way of allowance or compensation for loss of time, in accordance with such scales and subject to such conditions as may be prescribed.

8. Administrative expenses.
The administrative expenses of the office of the Ombudsman together with such expenses as may be authorised under this Act shall, with the approval of Parliament, be charged on the Consolidated Fund.

9. Regulations.
(1) The Cabinet may make such regulations as it thinks fit for the purposes of this Act
(2) Notwithstanding the generality of subsection (1), such regulations may provide for the scale according to which any sum may be paid to complainants or to persons attending, or furnishing information for the purposes of, an investigation.

(Adopted on: 10 June, 2002)

Enacted by the Parliament of Mauritius, as follows –

Part I-Preliminary

1. Short title

This Act may be cited as the Financial Intelligence and Anti-Money Laundering Act 2002.

2. Interpretation

In this Act –

“bank” has the same meaning as in the Banking Act 1988, and includes –

(a) any person engaged in a deposit-taking business and authorised to do so under that Act; and

(b) any person carrying on any business or activity regulated by the Bank of Mauritius;

“Bank of Mauritius” means the Bank of Mauritius established under the Bank of Mauritius Act;

“Board” means the Board of the Financial Intelligence Unit constituted under section 12;

“cash” –

(a) means money in notes or coins of Mauritius or in any other currency; and

(b) includes any cheque which is neither crossed nor made payable to order whether in Mauritian currency or in any other currency;

“cash dealer” means a person authorised under the Foreign Exchange Dealers Act to carry on the business of foreign exchange dealer or money changer;

“Commission” means the Independent Commission Against Corruption established under the Prevention of Corruption Act 2002;

“Comparable Body” – Means an overseas Government agency with functions similar to those of the FIU;

Added by [Act No. 34 of 2003]

“crime” –

(a) has the same meaning as in the Criminal Code;

(b) includes an activity carried on outside Mauritius and which, had it taken place in Mauritius, would have constituted a crime; and

(c) includes an act or omission which occurred outside Mauritius but which, had it taken place in Mauritius, would have constituted a crime; “Director” – means the Director of the FIU appointed under section 9;

Added by [ Act No. 34 of 2003]

“exempt transaction” means a transaction –

(a) between the Bank of Mauritius and any other person;

(b) between a bank and another bank;

(c) between a bank and a financial institution;

(d) between a bank or a financial institution and a customer where –

(i) the customer is, at the time the transaction takes place, an established customer of the bank or financial institution; and

(ii) the transaction consists of a deposit into, or withdrawal from, an account maintained by the Customer with the bank or financial institution, where the transaction does not exceed an amount that is commensurate with the lawful business activities of the customer; or

(e) between such other persons as may be prescribed;

“financial institution” means any institution or other person regulated by the Insurance

Act, the Securities (Central Depository, Clearing and Settlement) Act, the Stock Exchange Act, the Unit Trust Act, any management company or registered agent licensed under the Financial Services Development Act 2001 and any trustee managing a unit trust established under the Unit Trust Act;

“Financial Services Commission” means the Commission established under the Financial Services Development Act 2001;

“FIU” means the Financial Intelligence Unit established by this Act;

“investigatory authorities” means the Commissioner of Police, the Comptroller of Customs and the Commission;

“member of the relevant profession or occupation” –

(a) means an accountant, an attorney-at-law, a barrister, a chartered secretary, a notary; and

(b) includes any person carrying on the business of a casino, a bookmaker or totalisator under the Gaming Act;

“Minister” means the Minister to whom responsibility for the subject of money laundering is assigned;

“money laundering” means an offence under Part II of this Act

“National Committee” means the National Committee for Anti- Money Laundering and

Added by [ Act No. 34 of 2003]

Combating the Financing of Terrorism established under section 19A;

“overseas country” means a country or territory outside Mauritius;

“overseas financial intelligence units” means the financial intelligence units constituted in the overseas countries specified in the First Schedule and whose functions correspond to some or all of those of the FIU;

“property” means property of any kind, nature or description, whether moveable or immoveable, tangible or intangible and includes –

(a) any currency, whether or not the currency is legal tender in Mauritius, and any bill, security, bond, negotiable instrument or any instrument capable of being negotiated which is payable to bearer or endorsed payable to bearer, whether expressed in Mauritius currency or otherwise;

(b) any balance held in Mauritius currency or in any other currency in accounts with any bank which carries on business in Mauritius or elsewhere;

(c) any balance held in any currency with any bank outside Mauritius;

(d) motor vehicles, ships, aircraft, boats, works of art, jewellery, precious metals or any other item of value; and

(e) any right or interest in property;

“relevant enactments” means this Act, the Banking Act, the Bank of Mauritius Act, the Financial Services Development Act 2001 and the Prevention of Corruption Act 2002;

“Review Committee” Deleted by [Act No. 34 of 2003]

“supervisory authorities” means the Bank of Mauritius and the Financial Services Commission;

“suspicious transaction” means a transaction which –

(a) gives rise to a reasonable suspicion that it may involve –

(i) the laundering of money or the proceeds of any crime; or

(ii) funds linked or related to, or to be used for, terrorism or acts of terrorism or by proscribed organisations, whether or not the funds represent the proceeds of a crime;

(b) is made in circumstances of unusual or unjustified complexity;

(c) appears to have no economic justification or lawful objective;

(d) is made by or on behalf of a person whose identity has not been established to the satisfaction of the person with whom the transaction is made; or

(e) gives rise to suspicion for any other reason.

Amended by [ Act No. 34 of 2003]

“transaction” includes –

(a) opening an account, issuing a passbook, renting a safe deposit box, entering into a fiduciary relationship or establishing any other business relationship, whether electronically or otherwise; and

(b) a proposed transaction.

Part Ii – Money Laundering Offences

3. Money Laundering

(1) Any person who –

(a) engages in a transaction that involves property which is, or in whole or in part directly or indirectly represents, the proceeds of any crime; or

(b) receives, is in possession of, conceals, disguises, transfers, converts, disposes of, removes from or brings into Mauritius any property which is, or in whole or in part directly or indirectly represents, the proceeds of any crime, where he suspects or has reasonable grounds for suspecting that the property is derived or realized, in whole or in part, directly or indirectly from any crime, shall commit an offence.

(2) A bank, financial institution, cash dealer or member of a relevant profession or occupation that fails to take such measures as are reasonably necessary to ensure that neither it nor any service offered by it, is capable of being used by a person to commit or to facilitate the commission of a money laundering offence shall commit an offence.

4. Conspiracy to commit the offence of money laundering

Without prejudice to section 109 of the Criminal Code (Supplementary) Act, any person who agrees with one or more other persons to commit an offence specified in section 3(1) and (2) shall commit an offence.

5. Limitation of payment in cash

(1) Notwithstanding sections 30 and 31 of the Bank of Mauritius Act, but subject to subsection (2), any person who makes or accepts any payment in cash in excess of 350,000 rupees or an equivalent amount in foreign currency, or such amount as may be prescribed, shall commit an offence.

(2) Subsection (1) shall not apply to an exempt transaction.

6. Procedure

(1) A person may be convicted of a money laundering offence notwithstanding the absence of a conviction in respect of a crime which generated the proceeds alleged to have been laundered.

(2) Any person may, upon single information or upon a separate information, be charged with and convicted of both the money laundering offence and of the offence which generated the proceeds alleged to have been laundered.

(3) In any proceedings against a person for an offence under this Part, it shall be sufficient to aver in the information that the property is, in whole or in part, directly or indirectly the proceeds of a crime, without specifying any particular crime, and the Court, having regard to all the evidence, may reasonably infer that the proceeds were, in whole or in part, directly or indirectly, the proceeds of a crime.

7. Jurisdiction

Notwithstanding any other enactment, the Intermediate Court shall have jurisdiction to try any offence under this Act or any regulations made thereunder and may, on conviction, impose any penalty including forfeiture.

8. Penalty

(1) Any person who –

(a) commits an offence under this Part; or

(b) disposes or otherwise deals with property subject to a forfeiture order under subsection (2), shall, on conviction, be liable to a fine not exceeding 2 million rupees and to penal servitude for a term not exceeding 10 years.

(2) Any property belonging to or in the possession or under the control of any person who is convicted of an offence under this Part shall be deemed, unless the contrary is proved, to be derived from a crime and the Court may, in addition to any penalty imposed, order that the property be forfeited.

(3) Sections 150, 151 and Part X of the Criminal Procedure Act and the Probation of Offenders Act shall not apply to a conviction under this Part.

Part Iii – The Financial Intelligence Unit

9. Establishment of the FIU

(1) There is established for the purposes of this Act a Financial Intelligence Unit which shall have all the powers necessary to administer, and exercise its functions under, this Act.

(2) The head of the FIU shall be the Director who shall be appointed by the President

on the recommendation of the Prime Minister made in consultation with the Leader of the Opposition.

(3) The Director shall be assisted by such persons as may be appointed by the Director to assist him.

10. Functions of the FIU

(1) The FIU shall be the central agency in Mauritius responsible for receiving, requesting, analysing and disseminating to the investigatory and supervisory authorities disclosures of financial information –

(a) concerning suspected proceeds of crime and alleged money laundering offences;

(b) required by or under any enactment in order to counter money laundering; or

(c) concerning the financing of any activities or transactions related to terrorism .

(2) For the purposes of subsection (1), the FIU shall –

(a) collect, process, analyse and interpret all information disclosed to it and obtained by it under the relevant enactments;

(b)inform, advise and co-operate with the Commissioner appointed under section 45(8) of the Dangerous Drugs Act and the investigatory and supervisory authorities;

(c) issue guidelines to banks, financial institutions, cash dealers and members of the relevant professions or occupations on the manner in which –

(i) a report under section 14 shall be made; and

(ii) additional information may be supplied to the FIU, on a suspicious transaction, pursuant to a request made under section 13(2);

(d)& (e) – Deleted by [Act No. 34 of 2003]

(f) exchange information with overseas financial intelligence units and comparable bodies.

Amended by [Act No. 34 of 2003]

11. Exercise of functions of the FIU

(1) The functions of the FIU shall be exercised by the Director or such of the persons appointed under section 9(3) as the Director may determine.

(2) In furtherance of the functions of the FIU, the Director shall consult with and seek such assistance from such persons in Mauritius concerned with combating money laundering, including law officers, the Police and other Government agencies and persons representing banks, financial institutions, cash dealers and members of the relevant professions or occupations, as the FIU considers desirable.

12. The Board

(1) The FIU shall be administered by a Board which shall consist of –

(a) a Chairperson, who shall be a person who has –

(i) served as a Judge of the Supreme Court; or

(ii) served as a Magistrate, or been a law officer or practised as a barrister, in Mauritius for at least 10 years;

(b) 2 other members of high repute, of whom one shall be a person with substantial experience in the legal profession and the other shall be a person with substantial experience in the financial services industry.

(2) The Chairperson and members of the Board shall be appointed by the President on the recommendation of the Prime Minister made in consultation with the Leader of the Opposition.

(3) The appointment of the Chairperson and each member of the Board shall be on such terms as may be specified in the instrument of appointment of the Chairperson and each such member.

(4) The Board may act notwithstanding the absence of one of its members.

(5) Subject to subsection (4), the Board shall determine its own procedure.

Amended by [Act No. 34 of 2003]

13. Determination of information to investigatory or supervisory authorities

{1}(a) Where the Director considers that information on any matter should be disseminated to the investigatory or supervisory authorities, he shall refer the information to the Board which shall consider the information and either –

(b) consent to the Director referring the information to such of the investigatory or supervisory authorities as may be specified by the Board with a view to the determination of any criminal liability and the prosecution of or the action against, the persons accordingly; or

(c) refer the information back to the Director with a view to determining whether further supporting information can be found which would justify a subsequent reference to one of the investigatory or supervisory authorities.

(2) Where a report of a suspicious transaction has been made under section 14, the director may, for the purposes of assessing whether any information should be disseminated to investigatory or supervisory authorities, request further information in relation to the suspicious transaction from –

(a) the bank, financial institution, cash dealer or member of the relevant profession or occupation who made the report; and

(b) any other bank, financial institution, cash dealer or member of the relevant profession or occupation who is, or appears to be, involved in the transaction.

Amended by [Act No. 34 of 2003]

Part IV – Reporting And Other Measures To Combat Money Laundering

14. Reporting obligations of banks, financial institutions, cash dealers and members of relevant professions or occupations

(1) Every bank, financial institution, cash dealer or member of a relevant profession or occupation shall forthwith make a report to the FIU of any transaction which the bank, financial institution, cash dealer or member of the relevant profession or occupation has reason to believe may be a suspicious transaction.

(2) Nothing in subsection (1) shall be construed as requiring a law practitioner to report any transaction of which he has acquired knowledge in privileged circumstances unless it has been communicated to him with a view to the furtherance of a criminal or fraudulent purpose.

15. Lodging Of Reports Of Suspicious Transactions

(1) Every report under section 14 shall be lodged with the FIU.

(2) For the purposes of this Part, every report shall be in such form as the FIU may approve and shall include –

(a) the identification of the party or parties to the transaction;

(b) the amount of the transaction, the description of the nature of the transaction and all the circumstances giving rise to the suspicion;

(c) the business relationship of the suspect to the bank, financial institution, cash dealer or member of relevant profession or occupation, as the case may be;

(d) where the suspect is an insider, any information as to whether the suspect is still affiliated with the bank, financial institution, cash dealer, or member of the relevant profession or occupation, as the case may be;

(e) any voluntary statement as to the origin, source or destination of the proceeds;

(f) the impact of the suspicious activity on the financial soundness of the reporting institution or person; and

(g) the names of all the officers, employees or agents dealing with the transaction.

16. Legal Consequences Of Reporting

(1) No person directly or indirectly involved in the reporting of a suspicious transaction under this Part shall inform any person involved in the transaction or to an unauthorised third party that the transaction has been reported or that information has been supplied to the FIU pursuant to a request made under section 13(2).

(2) No proceedings shall lie against any person for having –

(a) reported in good faith under this Part any suspicion he may have had, whether or not the suspicion proves to be well founded following investigation or prosecution or any other judicial action;

(b) supplied any information to the FIU pursuant to a request made under section 13(2).

(3) No officer who receives a report made under this Part shall incur liability for any breach of confidentiality for any disclosure made in compliance with this Act.

(4) For the purposes of this section –

“officer” includes a director, employee, agent or other legal representative;

“unauthorised third party” does not include any of the supervisory authorities.

Amended by [Act No. 34 of 2003]

17. Other Measures To Combat Money Laundering

Without prejudice to section 3(2), every bank, financial institution, cash dealer or member of the relevant profession or occupation shall –

(a) verify, in such manner as may be prescribed, the true identity of all customers and other persons with whom they conduct transactions;

(b) keep such records, registers and documents as may be required under this Act or by regulations; and

(c) upon a Court order, make available such records, registers and documents as may

be required by the order.

18. Regulatory Action In The Event Of Non-Compliance

(1) (a) The supervisory authorities may issue such codes and guidelines as they consider appropriate to combat money laundering activities and terrorism financing, to banks or cash dealers subject to their supervision, or to financial institutions, as the case may be.

(b) The Bank of Mauritius shall supervise and enforce compliance by banks and cash dealers with the requirements imposed by this Act, regulations made under this Act and such guidelines as it may issue under paragraph (a).

(c) The Financial Services Commission shall supervise and enforce compliance by financial institutions with the requirements imposed by this Act, regulations made under this Act and such guidelines as it may issue under paragraph (a).

(2) Where it appears to the Bank of Mauritius that any bank or cash dealer subject to its supervision has failed to comply with any requirement imposed by this Act or any regulations applicable to that bank or cash dealer and that the failure is caused by a negligent act or omission or by a serious defect in the implementation of any such requirement, the Bank of Mauritius, in the absence of any reasonable excuse, may –

(a) in the case of a bank, proceed against it under sections 7 and 8 of the Banking Act on the ground that it is carrying on business in a manner which is contrary to the interest of the public;

(b) in the case of a person carrying on a deposit-taking business, cancel that person’s authorisation under section 13A of the Banking Act; and

(c) in the case of a cash dealer, inform the Minister to whom responsibility for the subject of finance is assigned that it has reason to believe that the cash dealer is carrying on business under the Foreign Exchange Dealers Act in a manner which is not conducive to the orderly operation or development of the foreign exchange market in Mauritius.

(3) Where it appears or where it is represented to the Financial Services Commission that any financial institution has refrained from complying or negligently failed to comply with any requirement of this Act or regulations, the Financial Services Commission may proceed against the financial institution under section 7 of the Financial fl Services Development Act 2001 on the ground that it is carrying on its business in a manner which is contrary or detrimental to the interest of the public.

(4) Where it appears or is represented to any disciplinary body that any member of a relevant profession or occupation over which it exercises control has refrained from complying or negligently failed to comply with any requirement of this Act or regulations, the disciplinary body may take, against the member concerned, any action which it is empowered to take in the case of professional misconduct by that member.

Amended by [Act No. 34 of 2003]

19. Offences relating to obligation to report and keep records and to disclosure of information prejudicial to a request

(1) Any bank, financial institution, cash dealer or any director or employee thereof or member of a relevant profession or occupation who, knowingly or without reasonable excuse –

(a) fails to make a report, supply an information requested by the FIU under section 13(2) verify, identify or keep records, registers or documents, as required under section 17;

(b) destroys or removes any record, register or document which is required under this Act or any regulations;

(c) warns or informs the owner of any funds of any report required to be made in respect of any transaction, or of any action taken or required to be taken in respect of any transaction, related to such funds; or

(d) facilitates or permits the performance under a false identity of any transaction falling within this Part, shall commit an offence and shall, on conviction, be liable to a fine not exceeding one million rupees and to imprisonment for a term not exceeding 5 years.

Amended by [Act No. 34 of 2003]

(2) Any person who –

(a) falsifies, conceals, destroys or otherwise disposes of or causes or permits the falsification, concealment, destruction or disposal of any information, document or material which is or is likely to be relevant to a request to which section 23 applies; or

(b) knowing or suspecting that an investigation into a money laundering offence has been or is about to be conducted, divulges that fact or other information to another person whereby the making or execution of a request to which section 23 applies is likely to be prejudiced, shall commit an offence and shall, on conviction, be liable to a fine not exceeding one million rupees and to imprisonment for a term not exceeding 5 years.

Part IV A – National Committee For Anti-Money Laundering And Combating The Financing Of Terrorism

19A Establishment of National Committee

(1) There is established for the purposes of this Act a National Committee for Anti-Money Laundering and Combating the Financing of Terrorism.

(2) The National Committee shall consist of –

(a) the Supervising Officer of the Ministry responsible for financial services, who shall act as Chairperson;

(b) a representative of the Prime Minister’s Office;

(c) a representative of the Attorney-General’s Office;

(d) a representative of the Ministry responsible for finance;

(e) a representative of the Ministry responsible for financial services;

(f) a representative of the Ministry responsible for foreign affairs;

(g) the Commissioner of Police or his representative;

(h) the Comptroller of Customs or his representative;

(i) the Director of the FIU or his representative;

(j) the Managing Director of the Bank of Mauritius or his representative;

(k) the Chief Executive of the Financial Services Commission or his representative;

(l) the Commissioner appointed under section 45(8) of the Dangerous Drugs Act or his representative;

(m) the Commissioner appointed under section 19 of the Prevention of Corruption Act 2002 or his representative.

(3) The National Committee may co-opt such other persons as appear to it to have special knowledge or experience in anti-money laundering or combating the financing of terrorism.

19B Functions of the National Committee

The National Committee shall –

(a) assess the effectiveness of policies and measures to combat money laundering and the financing of terrorism;

(b) make recommendations to the Minister for legislative, regulatory and policy reforms in respect of anti-money laundering and combating the financing of terrorism;

(c) promote co-ordination among the FIU, investigatory authorities, supervisory authorities and other institutions with a view to improving the effectiveness of existing policies to combat money laundering and the financing of terrorism;

(d) formulate policies to protect the international reputation of Mauritius with regard to anti-money laundering and combating the financing of terrorism;

(e) generally advise the Minister in relation to such matters relating to anti-money laundering and combating the financing of terrorism, as the Minister may refer to the National Committee.

19C Meetings of the National Committee

The National Committee shall regulate its meetings and proceedings in such manner as it thinks fit.

Added by [Act No. 34 of 2003]

Part V – Provision And Exchange Of Information In Relation To Money Laundering And Financial Intelligence Information

20. Membership of international financial intelligence groups and provision of information to overseas financial intelligence units

(1) The FIU shall be the only body in Mauritius which may seek recognition by any international group of overseas financial intelligence units which exchange financial intelligence information on the basis of reciprocity and mutual agreement.

(2) Where it becomes a member of any such international group as is referred to in subsection (1), the FIU may exchange information with other members of the group in accordance with the conditions for such exchanges established by the group.

(3) Without prejudice to subsections (1) and (2), where the FIU becomes aware of any information which may be relevant to the functions of any overseas financial intelligence unit, or comparable body it may, offer to pass on that information to the overseas financial intelligence unit or comparable body on terms of confidentiality requiring the consent of the FIU prior to the information being passed on to any other person.

(4) Subject to subsection (5), where a request for information is received from an overseas financial intelligence unit or comparable body, the FIU shall pass on any relevant information in its possession to the overseas financial intelligence unit or comparable body, on terms of confidentiality requiring the consent of the FIU prior to the information being passed on to any other person.

(5) Where a request referred to in subsection (4) concerns information which has been provided to the FIU by a supervisory authority, a Ministry or other Government department or statutory body, the information shall not be passed on without the consent of that supervisory authority, Ministry, Government department or statutory body, as the case may be.

Amended by [Act No. 34 of 2003]

21. Provision of information to investigatory or supervisory authorities

(1) Where it becomes aware of any information, which-

(a) may be relevant to the functions of any of the supervisory authorities; and

(b) does not of itself justify a dissemination to any of the investigatory authorities under section 13, the FIU may, by itself or at the request of the supervisory authorities, subject to subsection (4) , pass on the information to the relevant supervisory authority.

(2) Where it becomes aware of any information which may be relevant to an investigation or prosecution being conducted by one of the investigatory authorities, the FIU shall, subject to subsection (4), pass on the information to that investigatory authority.

(3) Where it becomes aware of any information which may be relevant to a possible corruption offence, within the meaning of the Prevention of Corruption Act 2002, the FIU shall, subject to subsection (4), pass on the information to the Commission.

(4) If any information falling within subsections (1), (2) or (3) was provided to the FIU by a body outside Mauritius on terms of confidentiality, the information shall not be passed on as specified in those subsections without the consent of the body by which it was provided.

Amended by [Act No. 34 of 2003]

22. Reference of information by the supervisory authorities

(1) Notwithstanding any other enactment, where, at any time in the course of the exercise of its functions, any supervisory authority receives, or otherwise becomes aware of, any information suggesting the possibility of a money laundering offence or suspicious transaction, the supervisory authority, shall, forthwith pass on that information to the FIU.

(2) Repealed by [Act No. 34 of 2003]

(3) No liability shall be incurred under any enactment, whether for breach of confidentiality or otherwise, in respect of the disclosure of any information to the FIU pursuant to this section by the supervisory authority or any of its officers or members of its Board.

(4) For the purposes of this subsection, “officer” includes a director, employee, agent or other legal representative.

Amended by [Act No. 34 of 2003]

Part Vi – Extradition In Relation To Cases Of Money Laundering Amended By [Act No. 35 Of 2003]

23- 28 Repealed by [Act No. 35 of 2003]

29. Money laundering offence to be extraditable

Any money laundering offence shall be deemed to be an extradition crime for which extradition may be granted or obtained under the Extradition Act.

Part VII-Miscellaneous

30. Confidentiality

(1) The Director, every officer of the FIU, and the Chairperson and members of the Board shall –

(a) before they begin to perform any duties under this Act, take an oath of confidentiality in the form set out in the Second Schedule; and

(b) maintain during and after their relationship with the FIU the confidentiality of any matter relating to the relevant enactments.

(2) No information from which an individual or body can be identified and which is acquired by the FIU in the course of carrying out its functions shall be disclosed except where the disclosure appears to the FIU to be necessary –

(a) to enable the FIU to carry out its functions;

(b) in the interests of the prevention or detection of crime;

(c) in connection with the discharge of any international obligation to which Mauritius is subject; or

(d) pursuant to an order of a Judge.

(3) Any person who contravenes this section shall commit an offence and, on conviction, shall be liable to a fine not exceeding one million rupees and to imprisonment for a term not exceeding 3 years.

Amended by [Act No. 34 of 2003]

31. Declaration of assets

(1) Subject to subsection (2), the Director, every officer of the FlU, and the Chairperson and members of the Board shall file with the Commission a declaration of his assets and liabi

A Bill to provide for the prevention and punishment of corruption and fraud and for the establishment of an Independent Commission Against Corruption.

Enacted by the Parliament of Mauritius, as follows –

Part I – Preliminary

1. Short title

This Act may be cited as the Prevention of Corruption Act 2002.

Interpretation

In this Act –

“act of corruption” –

means an act which constitutes a corruption offence; and includes –

any conduct whereby, in return for a gratification, a person does or neglects from doing an act in contravention of his public duties; the offer, promise, soliciting or receipt of a gratification as an inducement or reward to a person to do or not to do any act, with a corrupt intention;

the abuse of a public or private office for private gain;

an agreement between 2 or more persons to act or refrain from acting in violation of a person’s duties in the private or public sector for profit or gain; any conduct whereby a person accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification for inducing a public official, by corrupt or illegal means, or by the exercise of personal influence, to do or abstain from doing an act in the exercise of his duties to show favour or disfavour to any person;

“Advisory Committee” means a committee established under section 39;

“agent” –

means any person employed by or acting for another person;

includes a member or an officer of a public body, a trustee, a sub-contractor, and any person employed by or acting for such trustee or sub-contractor;

“Appointments Committee” means the Appointments Committee set up under section 18;

“associate”, in relation to a person, means –

a person who is a nominee or an employee of that person ;

a person who manages the affairs of that person;

a firm of which that person, or his nominee, is a partner or a person in charge or in control of its business or affairs;

a company in which that person, or his nominee, is a director or is in charge or in control of its business or affairs, or in which that person, alone or together with his nominee, holds a controlling interest, or shares amounting to more than 30 per cent of the total issued share capital; or

the trustee of a trust, where –

the trust has been created by that person; or

the total value of the assets contributed by that person to the trust at any time, whether before or after the creation of the trust, amounts, at any time, to not less than 20 per cent of the total value of the assets of the trust;

“bank” has the same meaning as in the Banking Act and includes –

any person engaged in a deposit-taking business and authorised to do so under that Act; and

any person carrying on any business or activity regulated by the Bank of Mauritius;

“cash dealer” means a person authorised under the Foreign Exchange Dealers Act to carry on the business of foreign exchange dealer or money changer;

“Commission” means the Independent Commission Against Corruption established under section 19;

“Commissioner” means the person appointed as such under section 19;

“Community Relations and Corruption Prevention Advisory Committee” means the Community Relations and Prevention Advisory Committee set up under section 42;

“corruption offence” means an offence under Part II or under such other enactment as the Prime Minister may prescribe;

“Corruption Advisory Committee” means the Corruption Advisory Committee established under section 40;

“Corruption Investigation Division” means the Corruption Investigation Division set up under section 28;

“Corruption Prevention and Education Division” means the Corruption Prevention and Education Division set up under section 28;

“crime” –

has the same meaning as in the Criminal Code;

includes an activity carried out outside Mauritius and which, had it taken place in Mauritius, would have constituted a crime;

includes any act or omission occurring outside Mauritius, but which, had it taken place in Mauritius would have constituted a crime;

“Deputy-Commissioner” means a person appointed as such under section 19;

“Director of the Corruption Investigation Division” means the person appointed as such under section 29;

“Director of the Corruption, Prevention and Education Division” means the person appointed as such under section 30;

“financial institution” means an institution or person regulated by –

the Financial Services Development Act 2001;

the Immigration Act insofar as it relates to section 5A;

the Insurance Act;

the Securities (Central Depository, Clearing and Settlement) Act;

the Stock Exchange Act;

the Trusts Act 2001; and

the Unit Trusts Act;

“financial year” means the period of 12 months ending on 30 June in any year;

“FIU” means the Financial Intelligence Unit established under the Financial Intelligence and Anti-Money Laundering Act 2002;

“Government company” means a company registered under the Companies Act and in which the Government of Mauritius –

directly or indirectly or through any other corporate body, owns or controls not less than 50 per cent of the entire share capital; or by reason of its financial input through loans, debentures or otherwise, or by reason of the presence of its representatives on the Board of Directors, is in a position to influence its policy or decisions;

“gratification” –

means a gift, reward, discount, premium or other advantage, other than lawful remuneration; and

includes –

a loan, fee or commission consisting of money or of any valuable security or of other property or interest in property of any description;

the offer of an office, employment or other contract;

the payment, release or discharge of a loan, obligation or other liability; and

the payment of inadequate consideration for goods or services;

the offer or promise, whether conditional or unconditional, of a gratification;

“Legal Division” means the Legal Division set up under section 28;

“Member” means the Commissioner or a Deputy-Commissioner;

“member of relevant profession or occupation” –

means an accountant, an attorney, a barrister, a chartered secretary, a notary; and includes a person carrying on the business of a casino, a bookmaker or totalisator under the Gaming Act;

“Minister” means the Minister to whom responsibility for the subject of corruption is assigned;

“money laundering offence” means an offence under Part II of the Financial Intelligence and Anti-Money Laundering Act 2002;

“officer” –

means an officer appointed under section 24; and includes the Director of the Corruption Investigation Division, the Director of the Corruption Prevention and Education Division, and the Chief Legal Adviser;

“Operations Review Committee” means the Operations Review Committee set up under section 41;

“Parliamentary Committee” means the Parliamentary Committee set up under section 59;

“principal” includes an employer, a beneficiary under a trust, a person beneficially interested in the succession of a person, and, in the case of a person serving in or under a public body, the public body;

“public body” –

means a Ministry or Government department, a Commission set up under the Constitution or under the authority of any other law, a local authority, or a statutory corporation; and includes a Government company;

“public official” –

means a Minister, a member of the National Assembly, a public officer, a local government officer, an employee or member of a local authority, a member of a Commission set up under the Constitution, an employee or member of a statutory corporation, or an employee or director of any Government company; and includes a Judge, an arbitrator, an assessor or a member of a jury;

“relative”, in relation to a person, means –

a spouse or conjugal partner of that person;

a brother or sister of that person;

a brother or sister of the spouse of that person; or

any lineal ascendant or descendant of that person;

“suspicious transaction” means a transaction which –

gives rise to a reasonable suspicion that it may involve the laundering of money or the proceeds of any crime including any offence concerning the financing of any activities or transaction related to terrorism as specified in Part III of the Prevention of Terrorism Act 2002;

is made in circumstances of unusual or unjustified complexity;

appears to have no economic justification or lawful objective;

is made by or on behalf of a person whose identity has not been established to the satisfaction of the person with whom the transaction is made; or

gives rise to suspicion for any other reason.

Application of Act

A person shall commit an offence under this Act where –

(a) the act or omission constituting the offence occurs elsewhere than in Mauritius; or

(b) the act constituting the offence is done by that person, or for him, by another person.

Part II – Corruption Offences

Bribery By Public Official

(1) Any public official who solicits, accepts or obtains from another person, for himself or for any other person, a gratification for –

doing or abstaining from doing, or having done or abstained from doing, an act in the execution of his functions or duties;

doing or abstaining from doing, or having done or abstained from doing, an act which is facilitated by his functions or duties;

expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance of an act in the execution of his functions or duties;

expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance of an act by another public official, in the execution of the latter’s functions or duties;

assisting, favouring, hindering or delaying, or having assisted, favoured, hindered or delayed, another person in the transaction of a business with a public body,

shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) Notwithstanding section 83, where in any proceedings against any person for an offence, it is proved that the public official solicited, accepted or obtained a gratification, it shall be presumed, until the contrary is proved, that the gratification was solicited, accepted or obtained for any of the purposes set out in subsection (1)(a) to (e).

5. Bribery of public official

(1) Any person who gives, agrees to give, or offers a gratification to a public official for –

doing, or for abstaining from doing, or having done or abstained from doing, an act in the execution of his functions or duties;

doing or abstaining from doing, or for having done or abstained from doing, an act which is facilitated by his functions or duties;

expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance of an act in the execution of his functions or duties;

expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance of an act by another public official in the execution of the latter’s functions or duties;

assisting, favouring, hindering or delaying or having assisted, favoured, hindered or delayed another person in the transaction of a business with a public body,

shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) Notwithstanding section 83, where in any proceedings against any person for an offence under subsection (1) it is proved that the accused gave, agreed to give or offered gratification, it shall be presumed, until the contrary is proved, that the accused gave, agreed to give or offered the gratification for any of the purposes set out in subsection (1) (a) to (e).

6. Taking Gratification To Screen Offender From Punishment

(1) Subject to section (2), any person who accepts or obtains, or agrees to accept or attempts to obtain, a gratification for himself or for any other person, in consideration of his concealing an offence, or his screening any other person from legal proceedings for an offence, or his not proceeding against any other person in relation to an alleged offence, or his abandoning or withdrawing, or his obtaining or endeavouring to obtain the withdrawal of, a prosecution against any other person, shall commit an offence and shall, on conviction –

where the offence is a crime, be liable to imprisonment for a term not exceeding 5 years;

where the offence is a misdemeanour, be liable to imprisonment for a term not exceeding one year;

where the offence is a contravention, be liable to imprisonment for a term not exceeding 6 months.

(2) This section shall not extend to any lawful compromise as to the civil interests resulting from the offence, but any such compromise shall not be a bar to any criminal proceedings which may be instituted by the State in respect of the offence.

Public official using his office for gratification

(1) Subject to subsection (3), any public official who makes use of his office or position for a gratification for himself or another person shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) For the purposes of subsection (1), a public official shall be presumed, until the contrary is proved, to have made use of his office or position for a gratification where he has taken any decision or action in relation to any matter in which he, or a relative or associate of his, has a direct or indirect interest.

This section shall not apply to a public official who –

holds office in a public body as a representative of a body corporate which holds shares or interests in that public body; and acts in that capacity in the interest of that body corporate.

Bribery of or by public official to influence the decision of a public body

(1) Any person who gives, or agrees to give, or offers, to a public official, a gratification for –

voting or abstaining from voting, or having voted or abstained from voting, at a meeting of a public body of which he is a member, director or employee, in favour of or against any measure, resolution or question submitted to the public body;

performing or abstaining from performing, or aiding in procuring, expediting, delaying, hindering or preventing, or having performed or abstained from performing, or having aided in procuring, expediting, delaying, hindering or preventing, the performance of an act of a public body of which he is a member, director or employee;

aiding in procuring, or preventing, or having aided in procuring or preventing, the passing of any vote or the granting of any contract or advantage in favour of any other person, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

Any public official who solicits or accepts a gratification for –

voting or abstaining from voting, or having voted or abstained from voting at a meeting of a public body of which he is a member, director or employee, in favour of or against any measure, resolution or question submitted to the public body;

performing or abstaining from performing, or aiding in procuring, expediting, delaying, hindering or preventing, the performance of, an act of a public body of which he is a member, director or employee;

(c) aiding in procuring or preventing, or having aided in procuring or preventing, the passing of any vote or the granting of any contract or advantage in favour of any person, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

Influencing public official

Any person who exercises any form of violence, or pressure by means of threat, upon a public official, with a view to the performance, by that public official, of any act in the execution of his functions or duties, or the non-performance, by that public official, of any such act, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

‘Trafic d’influence’

(1) Any person who gives or agrees to give or offers a gratification to another person, to cause a public official to use his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) Any person who gives or agrees to give or offers a gratification to another person to use his influence, real or fictitious, to obtain work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(3) Any person who gives or agrees to give or offers a gratification to public official to cause that public official to use his influence, real or fictitious, to obtain work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(4) Any person who solicits, accepts or obtains a gratification from any other person for himself or for any other person in order to make use of his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(5) Any public official who solicits, accepts or obtains a gratification from any other person for himself or for any other person in order to make use of his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

Public official taking gratification

Any person who exercises any form of violence, or pressure by means of threat, upon a public official, with a view to the performance, by that public official, of any act in the execution of his functions or duties, or the non-performance, by that public official, of any such act, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

‘Trafic d’influence’

(1) Any person who gives or agrees to give or offers a gratification to another person, to cause a public official to use his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) Any person who gives or agrees to give or offers a gratification to another person to use his influence, real or fictitious, to obtain work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(3) Any person who gives or agrees to give or offers a gratification to public official to cause that public official to use his influence, real or fictitious, to obtain work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(4) Any person who solicits, accepts or obtains a gratification from any other person for himself or for any other person in order to make use of his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(5) Any public official who solicits, accepts or obtains a gratification from any other person for himself or for any other person in order to make use of his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

Public official taking gratification

(1) Any person who gives or agrees to give or offers a gratification to another person, to cause a public official to use his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) Any person who gives or agrees to give or offers a gratification to another person to use his influence, real or fictitious, to obtain work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(3) Any person who gives or agrees to give or offers a gratification to public official to cause that public official to use his influence, real or fictitious, to obtain work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(4) Any person who solicits, accepts or obtains a gratification from any other person for himself or for any other person in order to make use of his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(5) Any public official who solicits, accepts or obtains a gratification from any other person for himself or for any other person in order to make use of his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

Public official taking gratification

Any public official who accepts or receives a gratification, for himself or for any other person –

for doing or having done an act which he alleges, or induces any person to believe, he is empowered to do in the exercise of his functions or duties, although as a fact such act does not form part of his functions or duties; or

for abstaining from doing or having abstained from doing an act which he alleges, or induces any person to believe, he is empowered not to do or bound to do in the ordinary course of his function or duty, although as a fact such act does not form part of his functions or duties,

shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

Bribery for procuring contracts

(1) Any person who gives or agrees to give or offers a gratification to a public official in consideration of that public official giving assistance or using influence in –

promoting, executing, or procuring a contract with a public body for the performance of a work, the supply of a service, or the procurement of supplies;

the payment of the price provided for in a contract with a public body;

obtaining for that person or for any other person, an advantage under a contract for work or procurement,

shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) Any public official who solicits, accepts or obtains from any other person, for himself or for any other person, a gratification for giving assistance or using influence in –

promoting, executing, or procuring a contract with a public body for the performance of a work, the supply of a service, or the procurement of supplies;

the payment of the price provided for in a contract with a public body;

obtaining for that person or for any other person, an advantage under a contract for work or procurement,

shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

Conflict of interests

Where –

a public body in which a public official is a member, director or employee proposes to deal with a company, partnership or other undertaking in which that public official or a relative or associate of him has a direct or indirect interest; and that public official and/or his relative or associate of him hold more than 10 per cent of the total issued share capital or of the total equity participation in such company, partnership or other undertaking, that public official shall forthwith disclose, in writing, to that public body the nature of such interest.

(2) Where a public official or a relation or associate of his has a personal interest in a decision which a public body is to take, that public official shall not vote or take part in any proceedings of that public body relating to such decision.

(3) Any public official who contravenes subsection (1) or (2) shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

Treating of public official

Any person who, while having dealings with a public body, offers a gratification to a public official who is a member, director or employee of that public body shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

Receiving gift for a corrupt purpose

Any person who, while having dealings with a public body, offers a gratification to a public official who is a member, director or employee of that public body shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

Receiving gift for a corrupt purpose

Any public official who solicits, accepts or obtains a gratification for himself or for any other person –

from a person, whom he knows to have been, to be, or to be likely to be, concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with his functions or those of any public official to whom he is subordinate or of whom he is the superior; or

from a person whom he knows to be interested in or related to the person so concerned, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

Corruption of agent

(1) Any agent who, without the consent of his principal, solicits, accepts or obtains from any other person for himself or for any other person, a gratification for doing or abstaining from doing an act in the execution of his functions or duties or in relation to his principal’s affairs or business, or for having done or abstained from doing such act, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) Any person who gives or agrees to give or offers, a gratification to an agent for doing or abstaining from doing an act in the execution of his functions or duties or in relation to his principal’s affairs or business or for having done or abstained from doing such act, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

Corruption to provoke a serious offence

(1) Any agent who, without the consent of his principal, solicits, accepts or obtains from any other person for himself or for any other person, a gratification for doing or abstaining from doing an act in the execution of his functions or duties or in relation to his principal’s affairs or business, or for having done or abstained from doing such act, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) Any person who gives or agrees to give or offers, a gratification to an agent for doing or abstaining from doing an act in the execution of his functions or duties or in relation to his principal’s affairs or business or for having done or abstained from doing such act, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

Corruption to provoke a serious offence

Where a person has committed an offence under this Part with the object of committing or facilitating the commission of a crime, that person shall, on conviction, be sentenced to penal servitude.

Part III – The Independent Commission Against Corruption

18. The Appointments Committee

There shall, for the purposes of this Act, be an Appointments Committee which shall be composed of the President, the Prime Minister and the Leader of the Opposition.

The President shall chair every meeting of the Appointments Committee and every decision shall, subject to section 31(1) of the Interpretation and General Clauses Act, be taken by a majority of the votes, but the President shall have no casting vote.

Two members of the Appointments Committee shall constitute a quorum.

The President shall designate such public officer as he considers appropriate to act as Secretary of the Appointments Committee.

The Secretary shall keep a record of all proceedings of the Appointments Committee.

The Appointments Committee shall –

There shall, for the purposes of this Act, be an Appointments Committee which shall be composed of the President, the Prime Minister and the Leader of the Opposition.

The President shall chair every meeting of the Appointments Committee and every decision shall, subject to section 31(1) of the Interpretation and General Clauses Act, be taken by a majority of the votes, but the President shall have no casting vote.

Two members of the Appointments Committee shall constitute a quorum.

The President shall designate such public officer as he considers appropriate to act as Secretary of the Appointments Committee.

The Secretary shall keep a record of all proceedings of the Appointments Committee.

The Appointments Committee shall –

appoint the Members; and receive the disclosure of assets and liabilities to be deposited under section 25.

In the exercise of its functions, the Appointments Committee may –

call for applications for appointment as Commissioner or Deputy-Commissioner by advertisement; interview such candidates as it considers necessary; delegate to such public officer as it may designate the power to establish a short-list of candidates; hold consultations with such person as it considers appropriate; and appoint the Commissioner or any Deputy-Commissioner without advertisement or interview.

19. Establishment of the Commission

There is established for the purposes of this Act a Commission which shall be known as the Independent Commission Against Corruption.

The Commission shall be a body corporate.

The Commission shall consist of 3 Members, namely a Commissioner and 2 Deputy-Commissioners.

The Commissioner shall be a person who –

There is established for the purposes of this Act a Commission which shall be known as the Independent Commission Against Corruption.

The Commission shall be a body corporate.

The Commission shall consist of 3 Members, namely a Commissioner and 2 Deputy-Commissioners.

The Commissioner shall be a person who –

has served as a Judge of the Supreme Court;

has served as a Magistrate in Mauritius for not less than 10 years;

is, or has been, a practising barrister or law officer for not less than 10 years;

has served in an anti-corruption agency in another country at a level of seniority acceptable to the Appointments Committee.

One of the Deputy-Commissione

Police Background Check Procedures

Who can apply?

• Applicants
• Any relative / friend authorised to act on the applicant’s behalf in Mauritius by a letter of authorisation addressed to the Commissioner of Police.

Where?

• Applicants should apply to the nearest Embassies, Missions, Consulates abroad.

What must the applicant supply?

National applicants have to produce the original and 2 photocopies of their:
• Birth certificate;
• National Identity card;
• Marriage Certificates / divorce papers // new marriage certificate / death certificate of spouse(where applicable).
• All relevant documents relating to change of name (where applicable)
Foreign applicants have to produce the original and 2 photocopies of their:
• Birth certificate
• Passport (data page with photo and signature and page with date or arrival and date of departure
• Marriage Certificates / divorce papers // new marriage certificate / death certificate of spouse (where applicable).
• All relevant documents relating to change of name (where applicable)
Where original documents cannot be provided with the application, certified copies of the originals maybe forwarded.

What are the costs / turnaround times?

• There is a charge of £3 for applications made in Mauritius
• There is a charge of £15 (including postage of documents) for overseas applicants
• A bank draft payable to the Government of Mauritius should be sent with the application.

Contact Details

The Commissioner of Police
Crime Record Office
Line Barracks, Port Louis,
Mauritius
Tel: (00230) 208 1212
Fax: (00230) 210 9512
An advance copy of the application may be sent by fax to the address above for timely processing.
Mauritius High Commission
32/33 Elvaston Place
London
SW7 5NW
Tel: 020 7 581 0294 (weekdays:09:30to 12:00)
Fax: 020 7 225 1135

Risk

Sovereign risk

The rating worsens from BB to B, as private-sector debt stocks rose sharply on the back of revised methodology, bringing the gross external debt stock to nearly 97% of GDP. A dependence on short-term debt and the uncertain global economic outlook are lingering risks. Nevertheless, political and social stability, as well as a relatively well-managed economy, support the rating.

Banking sector risk

Strong central bank supervision and banks’ well-developed credit risk management systems support the rating. Moreover, banks are well capitalised and profitable. However, a rising non‘performing loan ratio and high credit concentration, coupled with high exposure to the contracting construction sector, weigh on the rating.

Political risk

The rating improves from BBB to A as election-related tensions ease following the completion of the legislative polls in late 2014. The political system is stable and democratic, which contributes to the overall favourable environment for foreign investors. The current government has a firm legislative backing and this will support political stability. However, the cohesion of the three-party ruling coalition is untested and this may slow policymaking. Yet the risk of significant upheaval will remain low.

Economic structure risk

The rating worsens from B to CCC, owing to sharp upward revisions of 2011-2013 figures on private-sector debt stocks. Mauritius’s reliance on Europe for investment and foreign-exchange earnings makes it highly vulnerable to that region’s economic problems. Moreover, the country’s dependence on imports of food and fuel has resulted in large current-account deficits that weigh on the rating.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Crime

Petty crime, such as pickpocketing, bag snatching and theft, has increased. Pickpockets are active in the central market in Port Louis and in crowded markets, in Grand Baie and in Flic en Flac. Ensure that your bags and personal belongings are secure.

Residential break-ins are reported regularly.

Exercise caution when withdrawing money from automated banking machines (ABMs) as robberies have been reported.

There have been some reports of assaults and rapes. Avoid walking alone after dark outside hotel grounds and on beaches.

Do not trek or hike alone.

Demonstrations

Demonstrations occur and have the potential to suddenly turn violent. They can lead to significant disruptions to traffic and public transportation. Avoid all demonstrations and large gatherings, follow the advice of local authorities and monitor local media.

Road travel

Traffic drives on the left. Some roads are narrow, uneven and poorly lit. Many are bordered by deep ditches and lack guardrails. Local driving habits and the presence of pedestrians on the road pose risks. Emergency and roadside assistance is limited. In the event of a traffic accident, drivers must remain at the scene until the police arrive. However, if you feel threatened, proceed directly to a police station. Car rentals are available and travellers should purchase sufficient car insurance.

An International Driving Permit is recommended.

Public Transportation

Public transportation and taxis are available between cities and to remote areas.

See Transportation Safety in order to verify if national airlines meet safety standards.

Piracy

Pirate attacks occur in coastal waters and, in some cases, further out at sea. Mariners should take appropriate precautions. For additional information, consult the Live Piracy Report published by the International Maritime Bureau.

General safety information

Exercise caution when swimming, particularly outside marked areas. Stonefish stings are unusual but can, in some cases, be fatal. You should get immediate medical attention if stung. Many hotels carry anti-venom serum.

There is only one decompression chamber in Mauritius, at the Victoria Hospital in Vacoas.

Aquatic equipment offered at the beach may not meet Canadian safety standards. Ensure that your travel insurance covers accidents related to recreational activities.

Emergency services

Dial +230 210 3894 for tourist police.

Dial 999 in an emergency.

Annual Cases

Budget Autonomy Yes
Annual Budget of the Agency Budget 2014 – Rs 183.4 Million (Staff Cost: RS152,450,000; Services & Supplies: Rs19,000,000; Other Operating Cost: Rs 10,450,000: Office Equipment & Furniture: Rs 1,500,000
Per Capital Expenditure $(US) 3.58
Expeniture as % of the GDP 0.02%
Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? Yes
Does your country have freedom of information legislation? Yes
Does your country have conflict of interest legislation? Yes
Does your country have a financial disclosure system to help prevent conflicts of interest? Yes
Who appoints the head of your agency? Prime Minister after consultation with the Leader of the Opposition.
Who has the authority to remove the head of the ACA? Parliamentary Committee. Set up under section 59 of PoCA which shall compose of 5 members by the Prime Minister and 4 members by the Leader of Opposition. Under Section 23 of PoCA. After charges if any are proven by a person who holds or has held judicial office.
Is there any term limit for the head of the ACA? Yes , He shall be appointed for a term of not less than 3 years and not more that 5 years and shall be eligible for re-appointment.
Does your agency measure performance? Yes
Number of investigations launched
Number of investigations completed
Ratio of number of investigations/staff
Percentage of total budget allocated to outreach activities and communication
Number of corruption prevention reviews completed
Number of recommendations made
Number of follow-up reviews conducted
Implementation rate
Number of public bodies implementing the public sector anti-corruption framework
Number of anti-corruption tools/best practice guides developed/implemented/reviewed
Full access to Government Yes

Address Format

RECIPIENT

[BUILDING]
[SUBBUILDING]
[HOUSE_NUMBER,] STREET_NAME
LOCALITY
MAURITIUS

Sample

La Maison D’ete Hotel
27,Coastal Road
Port Louis
MAURITIUS

Summary

Mauritius GDP Last Previous Highest Lowest Unit
GDP 11.94 11.44 11.94 0.71 USD Billion
GDP Growth Rate 0.60 0.60 6.10 -1.70 percent
GDP Annual Growth Rate 3.90 3.60 9.80 -0.80 percent
GDP Constant Prices 106551.00 95425.00 106551.00 24867.40 MUR Million
GDP per capita 6679.21 6497.85 6679.21 1855.48 USD
Gross Fixed Capital Formation 20790.00 17925.00 23500.00 5487.20 MUR Million
GDP per capita PPP 16652.28 16200.12 16652.28 7572.85 USD

 

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