1. Does Mauritius have a sanctions regime in place?
Yes. Mauritius must adhere to UN sanctions. Being a dualist country, statutes have been enacted in Mauritius to adhere to international standards and non-compliance leads to criminal penalties. Sanctions which are in effect generally apply to:
- any person in Mauritius
- any Mauritian citizen wherever located
- any corporate entity operating in Mauritius; and
- any corporate entity incorporated or constituted under the law of Mauritius (including overseas branches of Mauritian companies).
2. Does Mauritius implement UN sanctions?
Yes. As a member of the UN, Mauritius must implement all UN Security Council resolutions.
3. Does Mauritius implement an autonomous sanctions regime?
Yes. As well as following the sanctions put in place by the UN, Mauritius has autonomous terrorist sanctions regimes under:
- The Financial Intelligence and Anti-Money Laundering Act 2002
- The Prevention of Corruption Act 2002
- The Prevention of Terrorism Act 2002
- Civil Aviation (Hijacking and Other Offences) Act 1985
- The Convention for the Suppression of the Financing of Terrorism Act 2003
- The Prevention of Terrorism Act and the Prevention of Terrorism (Special Measures) Regulations
- The Chemical Weapons Convention Act 2003
- The Radiation Protection Act 2003
- Biological and Toxin Weapons Convention Act 2004
- Prevention of Terrorism (International Obligations) Act; and
- United Nations (Financial Prohibitions, Arms Embargo and Travel Ban) Sanctions Act 2019.
4. What is the nature of the sanctions regime in Mauritius?
The most frequently applied measures are:
- arms embargoes
- export controls
- asset freezes and financial sanctions on designated individuals and corporate entities
- travel bans on named individuals; and
- bans on imports of raw materials or goods from the sanctions target.
In general terms, it is a criminal offense to:
- deal with funds or economic resources belonging to, owned, held or controlled by a designated person, if it is known, or if you have reasonable cause to suspect, that you are dealing with such funds or economic resources
- make funds available to, or for the benefit of, a Designated Person if it is known, or if you have reasonable cause to suspect, that you are making funds so available
- make economic funds available to, or for the benefit of, a Designated Person if it is known, or if you have reasonable cause to suspect, that you are making economic resources so available and, in the case of making economic resources available to a Designated Person, that the Designated Person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services.
5. Does Mauritius maintain a list of sanctioned individuals and entities?
Yes. The Financial Intelligence Unit, together with the National Sanctions Secretariat, maintain The United Nations Security Council Consolidated List which includes all individuals and entities who are subject to measures imposed by the UN Security Council.
6. Are there any other lists related to sanctions?
7. Does Mauritius have a licensing or authorization system in place?
Yes. Authorization systems are available under the relevant laws. Mauritius does not produce arms. However, under the Explosives Act and the Firearms Act, a permit is required before importing items under the established arms embargo. Such a permit is to be issued by the Commissioner of Police when he is satisfied that requirements under existing laws have been respected. In respect of controlled goods, export permits are required. Application is to be made to the Permanent Secretary of the Ministry of Commerce. Whenever freezing of asset orders are issued, the subject has a duty to comply with such orders. Otherwise, they may be held in contempt. The subject may apply to court to obtain a discharge of the orders.
8. What are the consequences for a breach of sanctions in Mauritius?
It is a criminal offense to breach the sanctions imposed by law. The penalties for breaches vary. The most common punishments are penal servitude and imprisonment. For example, breaches of the United Nations (Financial Prohibitions, Arms Embargo and Travel Ban) Sanctions Act 2019, shall, on conviction, be liable, where no specific penalty is provided, to a fine not exceeding one million rupees and to imprisonment for a term not exceeding 10 years.
9. Who are the relevant regulators in Mauritius and what are their contact details?
The Financial Services Commission has the mandate to establish norms and standards in order to preserve and maintain the good repute of Mauritius in the financial services sector and ensure that the financial services sector in general, and its licensees in particular, are not used for money laundering and terrorist financing purposes. FSC House 54 Cybercity Ebene Mauritius T: (+230) 403 7000 F: (+230) 467 7172 E: firstname.lastname@example.org http://www.fscmauritius.org/
Mauritius’s Anti-Drug Smuggling Unit of the Mauritius Police Force works closely with other law enforcement and health agencies on drug control and treatment programs throughout the country. T: (+230) 211 0877 E-: email@example.com
The Financial Intelligence Unit was established under section 9 of the Financial Intelligence and Anti-Money Laundering Act 2002. It is the central Mauritian agency for the request, receipt, analysis and dissemination of financial information regarding suspected proceeds of crime and alleged money laundering offenses as well as the financing of any activities or transactions related to terrorism to relevant authorities.
T: (+230) 454 1423 F: (+230) 466 2431 E: firstname.lastname@example.org http://www.fiumauritius.org/English/Pages/default.aspx
The National Sanctions Secretariat (NSSEC) has been established under Sections 4 and 7 of The United Nations (Financial Prohibitions, Arms Embargo and Travel Ban) Sanctions Act 2019 respectively. The United Nations (Financial Prohibitions, Arms Embargo and Travel Ban) Sanctions Act 2019 (the ‘Act’) was enacted on 29 May 2019 to enable the Government of Mauritius to implement targeted sanctions and other measures imposed by the United Nations Security Council under Chapter VII of the Charter of the United Nations in response to threats to the peace, breaches of the peace, and acts of aggression. National Sanctions Secretariat Prime Minister’s Office (Home Affairs) Fourth floor New Government Centre Port Louis T: (+230) 201 1264 / 201 1366 F: (+230) 211 9272 E: email@example.com
The Independent Commission Against Corruption has wide investigatory powers. It creates a set of new corruption offenses, which includes “Traffic d’influence”. It is vested with powers for search and seizure and, in certain cases, powers of arrest. ICAC Reduit Triangle Moka Mauritius T: (+230) 402 6600 F: (+230) 402 6959 E: firstname.lastname@example.org https://www.icac.mu/
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