|
Sanctions:
None applicable
____________________________________________________
Offshore Jurisdiction Blacklists:
As a recognised offshore finance jurisdiction this country may fall
under various country offshore jurisdiction blacklists.
____________________________________________________
US State Department Money Laundering Report - 2011:
Mauritius has developed a reputation as a well-regulated and
credible international financial center. According to the Mauritius’
Independent Commission Against Corruption (ICAC), laundered
funds are primarily the proceeds from drug trafficking – mainly
heroin, and increasingly, Subutex. Other important predicate
crimes for money laundering offenses include aggravated larceny,
conspiracy, forgery, swindling, and corruption. Criminal proceeds
laundered in Mauritius are not controlled by drug trafficking
organizations or organized criminal groups. There is no significant
black market for smuggled goods in Mauritius, although there is
occasional smuggling of stolen automobiles and cigarettes.
According to ICAC, money laundering occurs in the banking
system, the offshore financial center, and the non-bank financial
system. Criminal proceeds are derived from both domestic and
foreign criminal activities.
The Mauritius Global Business Sector is a major route for foreign
investments into the Asian sub-continent and is by far the largest
source of foreign direct investment and portfolio investment in
India. As of December 2010, there were 28,000 Global Business
Companies (GBCs) in Mauritius, including 700 licensed global
funds. The offshore sector also includes management companies
licensed by the Financial Service Commission (FSC) to provide
professional services to GBCs. Shell companies and bearer
shares are not allowed in Mauritius nor are nominee or
anonymous directors or trustees.
The Mauritius Freeport, a free-trade zone (FTZ), was established
to promote the country as a regional FTZ center for Eastern and
Southern Africa and the Indian Ocean rim. As of December 2010,
there were about 350 registered Freeport companies, with a total
turnover of $667 million.
DO FINANCIAL INSTITUTIONS ENGAGE IN CURRENCY
TRANSACTIONS RELATED TO INTERNATIONAL NARCOTICS
TRAFFICKING THAT INCLUDE SIGNIFICANT AMOUNTS OF US
CURRENCY; CURRENCY DERIVED FROM ILLEGAL SALES IN
THE U.S.; OR THAT OTHERWISE SIGNIFICANTLY AFFECT THE
U.S.: NO
CRIMINALIZATION OF MONEY LAUNDERING:
“All serious crimes” approach or “list” approach to predicate
crimes: All serious crimes
Legal persons covered: criminally: YES civilly: YES
CRIMINALIZATION OF TERRORIST FINANCING:
Ability to freeze terrorist assets without delay: YES
UN lists of designated terrorists or terrorist entities distributed to
financial institutions: YES
KNOW-YOUR-CUSTOMER RULES:
Covered entities: Banks, insurance companies, securities dealers,
money changers, foreign exchange dealers, accountants,
attorneys, barristers, notaries, chartered secretaries, gaming
centers, jewelry dealers, land promoters, property developers,
estate agents
Enhanced due diligence procedures for PEPs: Foreign: YES
Domestic: YES
SUSPICIOUS TRANSACTION REPORTING REQUIREMENTS:
Covered entities: Banks, insurance companies, securities dealers,
money changers, foreign exchange dealers, accountants,
attorneys, barristers, notaries, chartered secretaries, gaming
centers, jewelry dealers, land promoters, property developers,
estate agents
Number of STRs received and time frame: 173 in 2009
Number of CTRs received and time frame: Not applicable
MONEY LAUNDERING CRIMINAL
PROSECUTIONS/CONVICTIONS:
Prosecutions: 34 in 2010
Convictions: 19 in 2010
Assets forfeited: criminally: None civilly: Not applicable
RECORDS EXCHANGE MECHANISM:
With U.S.: NO
With other governments/jurisdictions: YES
Mauritius is a member of the Eastern and Southern Africa Anti-
Money Laundering Group (ESAAMLG), a Financial Action Task
Force (FATF)-style regional body. Its most recent mutual
evaluation can be found here: http://www.esaamlg.
org/reports/view_me.php?id=173
ENFORCEMENT AND IMPLEMENTATION ISSUES AND
COMMENTS:
Limited capacity and training of the judiciary and the ICAC
compromises Mauritius’ ability to successfully implement its AML
regime. Stronger support of judges to carry cases through
successful prosecution is needed.
Legislation to correct deficiencies and amend the AML framework
has been pending with authorities since 2006, but most of the
amendments have not been tabled to the National Assembly.
Although coordination is possible via the 2003 Mutual Assistance
in Criminal and Related Matters Act, international cooperation,
particularly on sharing of information, is a lengthy and uncertain
process. Timely access to financial documents domestically is
also a problem. While Mauritius has a legal framework enabling it
to freeze terrorist-related assets without delay, its ability to do so
is subject to compliance with judicial proceedings.
Authorities have recently completed the drafting of the Asset
Forfeiture Bill, which, when enacted, will consolidate all asset
forfeiture functions into a single unit and should bring about major
improvements. The new legislation will also provide for civil asset
forfeiture and non-conviction based asset forfeiture.
____________________________________________________
US State Dept Narcotics Report 2012 (introduction):
Mauritius is not a major producer or exporter of illegal drugs, or a
transit route for drug trafficking. While Mauritius is not a significant
transshipment location on a global scale, the island state is
increasingly seen as a regional hub for heroin distribution, often
intended for onward movement into Europe and even the United
States. Cannabis is the only illicit drug that is locally cultivated in
large quantities, primarily by small groups or individuals for local
consumption and is not exported. Other illicit drugs, primarily
heroin and the prescription drug, Subutex (a brand name for
buprenorphine, an opiate used to treat heroin dependence, which
is illegal in Mauritius), are brought into Mauritius for consumption
with a small amount going for transshipment to other markets.
Mauritius's Anti Drug Smuggling Unit (ADSU) of the Mauritius
Police Force works closely with other law enforcement and health
agencies on drug control and treatment programs throughout the
country, and cooperates with U.S. Government agencies. The
ADSU continues to look for ways to improve its resources and
capacity. Mauritius is a party to the 1988 UN Drug Convention.
Mauritius is also a party to the UN Convention against Corruption
and to the UN Convention against Transnational Organized Crime.
The ADSU appears, to be on track to record a similar level, or
slight increase in, seizures and cases involving illegal drugs in
2011 compared to 2010. The ADSU credits the increase in illicit
drug seizures and arrests in recent years to its ongoing
operations with various intelligence units of the police force and
its proactive approach to regional co-operation. The strategic
location of Mauritius in the Indian Ocean encourages drug
trafficking/transit. The increasing number of shipping containers
arriving in Mauritius, and a new wave of synthetic drugs, plus a
lack of shared intelligence with other countries has complicated
enforcement efforts. Mauritius has limited resources to patrol its
shores and territorial waterways.
Mauritius has several agencies working on drug control issues,
over the gamut from law enforcement, to public health initiatives.
NGOs also are engaged in treatment and prevention efforts. The
Mauritian government collaborates with the U.S. Drug
Enforcement Administration, United Nations Office of Drugs and
Crime, and the International Narcotics Control Board.
Based on narcotic seizures, arrests, and drug
treatment/rehabilitation program participation, cannabis followed
by heroin and Subutex are the most commonly abused drugs in
Mauritius. Heroin abuse is a serious problem in Mauritius, with a
reported two percent of the population abusing the drug (by far
the highest reported prevalence in Africa). Treatment NGO's
report approximately 20,000 abusers but the figures are disputed
by the police as being nearer 12,000. Neither of these figures can
be confirmed, and abuse might be more than either. Mauritius
does have dedicated drug treatment facilities and has in recent
years introduced methadone maintenance for addicts in treatment
and a needle exchange program. NGO's provide counseling and
treatment options. Government health facilities, managed by
health professionals, are also available for drug treatment cases.
The Government of Mauritius has clearly indicated that drug
traffickers and those involved in drug trafficking at all levels will
not be tolerated. The present policies have not completely
stopped the flow of illegal drugs, but the forfeiture of assets
applied to narcotics offenders is beginning to take effect. No
evidence has emerged to suggest that any government officials
are involved in the production or trafficking of drugs, nor does the
government facilitate drug trafficking as a matter of policy.
The U.S. government provides training assistance to Mauritian
law enforcement agencies, including the ADSU, through the
International Law Enforcement Academies in Botswana, New
Mexico, and Africa Command (AFRICOM) efforts, including the
efforts of NCIS. It is U.S. policy to help Mauritius increase its
capacity to enforce its narcotics laws and to work with Mauritian
enforcement to resolve cases where there is a U.S. nexus to drug
trafficking. The 1931 UK-U.S. Extradition Treaty is the treaty in
force between the United States and Mauritius, but we have no
history of extradition cases with Mauritius pursuant to the treaty.
For Full report, click here
____________________________________________________
US State Dept Trafficking in Persons Report 2011
(introduction):
(Tier 1)
Mauritius is a source country for children and, to a much lesser
extent, men and women subjected to sex trafficking within the
country. Secondary school-age girls and, to a lesser extent,
younger girls from all areas of the country, including from
Rodrigues Island, are induced into prostitution, often by their
peers, family members, or by businessmen offering other forms of
employment. Young girls are sometimes sold by a family member
into prostitution or forced into the sex trade in exchange for food
and shelter. Taxi drivers are known to provide transportation and
introductions for both the girls and the clients. Girls and boys
whose mothers engage in prostitution are reportedly vulnerable to
being forced into prostitution at a young age. Some drug-addicted
women are forced into prostitution by their boyfriends, who serve
as their pimps. In 2010, two Mauritian trafficking victims were
identified in Europe: a man in forced labor in the United Kingdom
and a woman in domestic servitude in Belgium. Approximately 300
Malagasy women reportedly transited Mauritius during the first
half of 2010 en route to employment as domestic workers in
Lebanon, where some were subsequently subjected to conditions
of forced labor. Mauritius’ manufacturing and construction sectors
employ approximately 30,000 foreign migrant workers from India,
China, Bangladesh, Sri Lanka, and Madagascar. To date, there
have been no confirmed reports of migrant workers subjected to
conditions of forced labor within Mauritius.
The Government of Mauritius fully complies with the minimum
standards for the elimination of trafficking. Mauritius sustained its
strong efforts to identify, investigate, and prosecute incidences of
trafficking during the reporting period. The Mauritius Police Force
maintained its offerings of anti-trafficking training programs for
police officers and continued its awareness campaign in schools
and villages. The government’s efforts to coordinate among all
relevant ministries, however, remained lacking, leading to
inconsistent provision of protective and investigative services to
trafficking victims.
For full report click here
____________________________________________________
US State Dept Terrorism Report 2009
No report available
____________________________________________________
AML News / Updates
February 10, 2011 - The Global Forum on Transparency and
Exchange of Information for Tax Purposes has issued a Combined
Phase 1 and Phase 2 peer review for Mauritius
View Review....
Links:
Worldwide AML Legislation (International Bar Association)
Financial Intelligence Unit (FIU)
None applicable
____________________________________________________
Offshore Jurisdiction Blacklists:
As a recognised offshore finance jurisdiction this country may fall
under various country offshore jurisdiction blacklists.
____________________________________________________
US State Department Money Laundering Report - 2011:
Mauritius has developed a reputation as a well-regulated and
credible international financial center. According to the Mauritius’
Independent Commission Against Corruption (ICAC), laundered
funds are primarily the proceeds from drug trafficking – mainly
heroin, and increasingly, Subutex. Other important predicate
crimes for money laundering offenses include aggravated larceny,
conspiracy, forgery, swindling, and corruption. Criminal proceeds
laundered in Mauritius are not controlled by drug trafficking
organizations or organized criminal groups. There is no significant
black market for smuggled goods in Mauritius, although there is
occasional smuggling of stolen automobiles and cigarettes.
According to ICAC, money laundering occurs in the banking
system, the offshore financial center, and the non-bank financial
system. Criminal proceeds are derived from both domestic and
foreign criminal activities.
The Mauritius Global Business Sector is a major route for foreign
investments into the Asian sub-continent and is by far the largest
source of foreign direct investment and portfolio investment in
India. As of December 2010, there were 28,000 Global Business
Companies (GBCs) in Mauritius, including 700 licensed global
funds. The offshore sector also includes management companies
licensed by the Financial Service Commission (FSC) to provide
professional services to GBCs. Shell companies and bearer
shares are not allowed in Mauritius nor are nominee or
anonymous directors or trustees.
The Mauritius Freeport, a free-trade zone (FTZ), was established
to promote the country as a regional FTZ center for Eastern and
Southern Africa and the Indian Ocean rim. As of December 2010,
there were about 350 registered Freeport companies, with a total
turnover of $667 million.
DO FINANCIAL INSTITUTIONS ENGAGE IN CURRENCY
TRANSACTIONS RELATED TO INTERNATIONAL NARCOTICS
TRAFFICKING THAT INCLUDE SIGNIFICANT AMOUNTS OF US
CURRENCY; CURRENCY DERIVED FROM ILLEGAL SALES IN
THE U.S.; OR THAT OTHERWISE SIGNIFICANTLY AFFECT THE
U.S.: NO
CRIMINALIZATION OF MONEY LAUNDERING:
“All serious crimes” approach or “list” approach to predicate
crimes: All serious crimes
Legal persons covered: criminally: YES civilly: YES
CRIMINALIZATION OF TERRORIST FINANCING:
Ability to freeze terrorist assets without delay: YES
UN lists of designated terrorists or terrorist entities distributed to
financial institutions: YES
KNOW-YOUR-CUSTOMER RULES:
Covered entities: Banks, insurance companies, securities dealers,
money changers, foreign exchange dealers, accountants,
attorneys, barristers, notaries, chartered secretaries, gaming
centers, jewelry dealers, land promoters, property developers,
estate agents
Enhanced due diligence procedures for PEPs: Foreign: YES
Domestic: YES
SUSPICIOUS TRANSACTION REPORTING REQUIREMENTS:
Covered entities: Banks, insurance companies, securities dealers,
money changers, foreign exchange dealers, accountants,
attorneys, barristers, notaries, chartered secretaries, gaming
centers, jewelry dealers, land promoters, property developers,
estate agents
Number of STRs received and time frame: 173 in 2009
Number of CTRs received and time frame: Not applicable
MONEY LAUNDERING CRIMINAL
PROSECUTIONS/CONVICTIONS:
Prosecutions: 34 in 2010
Convictions: 19 in 2010
Assets forfeited: criminally: None civilly: Not applicable
RECORDS EXCHANGE MECHANISM:
With U.S.: NO
With other governments/jurisdictions: YES
Mauritius is a member of the Eastern and Southern Africa Anti-
Money Laundering Group (ESAAMLG), a Financial Action Task
Force (FATF)-style regional body. Its most recent mutual
evaluation can be found here: http://www.esaamlg.
org/reports/view_me.php?id=173
ENFORCEMENT AND IMPLEMENTATION ISSUES AND
COMMENTS:
Limited capacity and training of the judiciary and the ICAC
compromises Mauritius’ ability to successfully implement its AML
regime. Stronger support of judges to carry cases through
successful prosecution is needed.
Legislation to correct deficiencies and amend the AML framework
has been pending with authorities since 2006, but most of the
amendments have not been tabled to the National Assembly.
Although coordination is possible via the 2003 Mutual Assistance
in Criminal and Related Matters Act, international cooperation,
particularly on sharing of information, is a lengthy and uncertain
process. Timely access to financial documents domestically is
also a problem. While Mauritius has a legal framework enabling it
to freeze terrorist-related assets without delay, its ability to do so
is subject to compliance with judicial proceedings.
Authorities have recently completed the drafting of the Asset
Forfeiture Bill, which, when enacted, will consolidate all asset
forfeiture functions into a single unit and should bring about major
improvements. The new legislation will also provide for civil asset
forfeiture and non-conviction based asset forfeiture.
____________________________________________________
US State Dept Narcotics Report 2012 (introduction):
Mauritius is not a major producer or exporter of illegal drugs, or a
transit route for drug trafficking. While Mauritius is not a significant
transshipment location on a global scale, the island state is
increasingly seen as a regional hub for heroin distribution, often
intended for onward movement into Europe and even the United
States. Cannabis is the only illicit drug that is locally cultivated in
large quantities, primarily by small groups or individuals for local
consumption and is not exported. Other illicit drugs, primarily
heroin and the prescription drug, Subutex (a brand name for
buprenorphine, an opiate used to treat heroin dependence, which
is illegal in Mauritius), are brought into Mauritius for consumption
with a small amount going for transshipment to other markets.
Mauritius's Anti Drug Smuggling Unit (ADSU) of the Mauritius
Police Force works closely with other law enforcement and health
agencies on drug control and treatment programs throughout the
country, and cooperates with U.S. Government agencies. The
ADSU continues to look for ways to improve its resources and
capacity. Mauritius is a party to the 1988 UN Drug Convention.
Mauritius is also a party to the UN Convention against Corruption
and to the UN Convention against Transnational Organized Crime.
The ADSU appears, to be on track to record a similar level, or
slight increase in, seizures and cases involving illegal drugs in
2011 compared to 2010. The ADSU credits the increase in illicit
drug seizures and arrests in recent years to its ongoing
operations with various intelligence units of the police force and
its proactive approach to regional co-operation. The strategic
location of Mauritius in the Indian Ocean encourages drug
trafficking/transit. The increasing number of shipping containers
arriving in Mauritius, and a new wave of synthetic drugs, plus a
lack of shared intelligence with other countries has complicated
enforcement efforts. Mauritius has limited resources to patrol its
shores and territorial waterways.
Mauritius has several agencies working on drug control issues,
over the gamut from law enforcement, to public health initiatives.
NGOs also are engaged in treatment and prevention efforts. The
Mauritian government collaborates with the U.S. Drug
Enforcement Administration, United Nations Office of Drugs and
Crime, and the International Narcotics Control Board.
Based on narcotic seizures, arrests, and drug
treatment/rehabilitation program participation, cannabis followed
by heroin and Subutex are the most commonly abused drugs in
Mauritius. Heroin abuse is a serious problem in Mauritius, with a
reported two percent of the population abusing the drug (by far
the highest reported prevalence in Africa). Treatment NGO's
report approximately 20,000 abusers but the figures are disputed
by the police as being nearer 12,000. Neither of these figures can
be confirmed, and abuse might be more than either. Mauritius
does have dedicated drug treatment facilities and has in recent
years introduced methadone maintenance for addicts in treatment
and a needle exchange program. NGO's provide counseling and
treatment options. Government health facilities, managed by
health professionals, are also available for drug treatment cases.
The Government of Mauritius has clearly indicated that drug
traffickers and those involved in drug trafficking at all levels will
not be tolerated. The present policies have not completely
stopped the flow of illegal drugs, but the forfeiture of assets
applied to narcotics offenders is beginning to take effect. No
evidence has emerged to suggest that any government officials
are involved in the production or trafficking of drugs, nor does the
government facilitate drug trafficking as a matter of policy.
The U.S. government provides training assistance to Mauritian
law enforcement agencies, including the ADSU, through the
International Law Enforcement Academies in Botswana, New
Mexico, and Africa Command (AFRICOM) efforts, including the
efforts of NCIS. It is U.S. policy to help Mauritius increase its
capacity to enforce its narcotics laws and to work with Mauritian
enforcement to resolve cases where there is a U.S. nexus to drug
trafficking. The 1931 UK-U.S. Extradition Treaty is the treaty in
force between the United States and Mauritius, but we have no
history of extradition cases with Mauritius pursuant to the treaty.
For Full report, click here
____________________________________________________
US State Dept Trafficking in Persons Report 2011
(introduction):
(Tier 1)
Mauritius is a source country for children and, to a much lesser
extent, men and women subjected to sex trafficking within the
country. Secondary school-age girls and, to a lesser extent,
younger girls from all areas of the country, including from
Rodrigues Island, are induced into prostitution, often by their
peers, family members, or by businessmen offering other forms of
employment. Young girls are sometimes sold by a family member
into prostitution or forced into the sex trade in exchange for food
and shelter. Taxi drivers are known to provide transportation and
introductions for both the girls and the clients. Girls and boys
whose mothers engage in prostitution are reportedly vulnerable to
being forced into prostitution at a young age. Some drug-addicted
women are forced into prostitution by their boyfriends, who serve
as their pimps. In 2010, two Mauritian trafficking victims were
identified in Europe: a man in forced labor in the United Kingdom
and a woman in domestic servitude in Belgium. Approximately 300
Malagasy women reportedly transited Mauritius during the first
half of 2010 en route to employment as domestic workers in
Lebanon, where some were subsequently subjected to conditions
of forced labor. Mauritius’ manufacturing and construction sectors
employ approximately 30,000 foreign migrant workers from India,
China, Bangladesh, Sri Lanka, and Madagascar. To date, there
have been no confirmed reports of migrant workers subjected to
conditions of forced labor within Mauritius.
The Government of Mauritius fully complies with the minimum
standards for the elimination of trafficking. Mauritius sustained its
strong efforts to identify, investigate, and prosecute incidences of
trafficking during the reporting period. The Mauritius Police Force
maintained its offerings of anti-trafficking training programs for
police officers and continued its awareness campaign in schools
and villages. The government’s efforts to coordinate among all
relevant ministries, however, remained lacking, leading to
inconsistent provision of protective and investigative services to
trafficking victims.
For full report click here
____________________________________________________
US State Dept Terrorism Report 2009
No report available
____________________________________________________
AML News / Updates
February 10, 2011 - The Global Forum on Transparency and
Exchange of Information for Tax Purposes has issued a Combined
Phase 1 and Phase 2 peer review for Mauritius
View Review....
Links:
Worldwide AML Legislation (International Bar Association)
Financial Intelligence Unit (FIU)
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| Further Tables |
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*Please note that FATF deems that a country has significant aml deficiencies if any
of the 'Core' Recommendations, R1, R5, R10, R13, SRII, or SRIV are rated either
Partially of Non-Compliant. These are marked in red.
For FATF to remove a country from the regular follow-up process, it has to be rated
Compliant or Largely Compliant in the above mentioned Core Recommendations
and the following Key Recommendations: -
R3, R4, R23, R26, R35, R36, R40, SRI, SRIII, SRV
Please also note that any risk assessment should take into consideration all
follow-up reports.
of the 'Core' Recommendations, R1, R5, R10, R13, SRII, or SRIV are rated either
Partially of Non-Compliant. These are marked in red.
For FATF to remove a country from the regular follow-up process, it has to be rated
Compliant or Largely Compliant in the above mentioned Core Recommendations
and the following Key Recommendations: -
R3, R4, R23, R26, R35, R36, R40, SRI, SRIII, SRV
Please also note that any risk assessment should take into consideration all
follow-up reports.
| MAURITIUS |
| KnowYourCountry |
|
|
| Last Updated: 16 April 2012 |