Doing Business In Mauritius
Doing business in Mauritius2016In association with:1
ContentsIntroduction .3– Country profile.4Legal overview . 5Conducting business in Mauritius. 10Tax system . 15Labour . 19Audit . 22Trade . 23Finance . 27Infrastructure . 28This Guide has been prepared jointly by HSBC Bank (Mauritius) Limited and Grant Thornton for the purposes of providing a high-level general overview of the businessenvironment in Mauritius for the information of businesses who may be interested in transacting or investing in Mauritius. Any transaction or investment in Mauritius,however, should only be undertaken based on professional advice specific to such transaction or investment.2
IntroductionMauritius is an island situated in the centre of the Indian Ocean around 2,000 kilometres off the south east coastof Africa. It is strategically located at the crossroads of Asia and Africa with easy access to both continents.Since gaining independence in 1968, Mauritius has developed from a low-income, agriculturally-based economyto a diversified economy that now comprises textiles, tourism, information and communications technology,financial and business services, seafood and real estate.Mauritius’s economy has achievedsteady and strong growth over thelast few decades. The annual realGDP growth rate for 2015 wasforecast to be 3.46 per cent. Atpresent, the economy is dominatedby services which comprise73.4 per cent of GDP, whilethe manufacturing industry andagriculture represent 22 and 4.5 percent respectively.Mauritius pursues a liberal and openeconomic policy that welcomesand encourages foreign investmentin the majority of sectors of theeconomy. Furthermore, Mauritiusranked 32nd in the World Bank’sEase of Doing Business Index for2016 and first for Africa. Foreigninvestors are afforded the samerights as domestic investors andto further facilitate investment inMauritius, a Fast Track Committeehas been setup to expedite theprocessing of permits for all bigimpact projects. Alongside anumber of incentives offered by thegovernment, Mauritius offers thefollowing advantages to investors: Social, political and economicstability A strong and independent legalsystem with the Privy Council asthe ultimate Court of Appeal A well regulated and developedfinancial sector Exchange control with freerepatriation of profits, dividendsand capital An extensive network of43 tax treaties and 26 InvestmentPromotion and ProtectionAgreements Skilled and bilingual labour forceWhile this guide makes reference tosome of the most common issuesinvestors might face, it must benoted that certain industries, such assugar production and the televisionbroadcasting sector, are subjectto special regulation and thereforecompanies wishing to invest in thisarea should seek legal advice. A favourable time zone to serviceUS, Europe, Middle East andAsia marketsThe information in this publication iscurrent at January 2016. A well-developed infrastructureincluding road, airports and IT A key member of regionaleconomic blocs such as AfricanUnion, Indian Ocean Rim,COMESA & SADC3
Country profileCapital CityPort LouisArea2,040 sq. kmPopulation1.339 millionLanguageEnglish is the official language, although French and Mauritian Creole arealso spoken.CurrencyMauritian Rupee (MUR)International dialling code 230National Holidays 20161 January – New Year2 January – New Year24 January – Thaipoosam Cavadee1 February – Abolition of Slavery8 February – Chinese Spring Festival7 March– Maha Shivaratree12 March – National Day8 April – Ugaadi1 May – Labour Day6 July – Eid-Ul-Fitr*15 August – Assumption Day6 September – Ganesh Chaturhi30 - October – Divali2 November – Arrival of Indentured Labourers25 December – Christmas Day* Muslim festivals are timed according to local sightings of the moon,therefore the dates given above are approximationsBusiness and Banking hoursBusinesses: Monday to Friday – 08:30 to 17:00Banks: Monday to Thursday – 0 9:00 to 15:15pm and09:00 to 17:00pm on FridaysStock exchangesStock Exchange of MauritiusPolitical structureParliamentary democracyDoing Business rank 201632Ease of Doing BusinessTopics2016 rank2015 rankChange in rankStarting a business3729-8Licenses and Permits357439Getting Electricity4139-2Registering property9998-1Financing4236-6Protecting Investors2927-2Paying Taxes1313No changeTrading Across Borders6666No changeEnforcing Contracts27281Resolving Insolvency3936-3Source: World Bank Group (Doing Business)4
Legal overviewPolitical and legal systemMauritius is a Republic within theBritish Commonwealth. Mauritiusis a democracy based on theWestminster model wherebypower is separated into threedistinct branches, as set out bythe Constitution of Mauritius:the legislative, the executive andthe judiciary.The executive branch comprisesthe government of Mauritius. Thenational government is made up ofthe Council of Ministers, who areappointed and headed by the PrimeMinister. The Prime Minister has fullexecutive power and is appointed bythe President.The legislative branch comprisesthe President, Vice Presidentand the speaker of the NationalAssembly. The National Assemblycomprises 70 members of which62 are elected by universal suffrageevery five years (60 from 20three-member constituencies onthe island of Mauritius plus twofrom the single constituency ofRodrigues). The President is theHead of State who is elected bya simple majority of the NationalAssembly; the President enjoys alargely ceremonial role.The judicial branch comprisesthe Supreme Court, the Court ofRodrigues, the Intermediate Court,the Industrial Court, the DistrictCourts, the Bail and Remand Court,the Criminal and Mediation Courtand the Commercial Court. TheChief Justice is head of the judiciary.Independence of the judiciaryis set out in the Constitution.Mauritius has a ‘hybrid’ legalsystem; combining both the civiland common law practices. Theprocedural law in criminal and civillitigation is based on the Britishcommon law while the substantivelaw is derived from the FrenchNapoleonic code. The Highest Courtof appeal is the Judicial Committeeof Privy Council in England.The main sources of law in Mauritiusare the Constitution, the statutes,the Criminal Code, the Civil Code,the Commercial Code, the Codeof Civil Procedure, case law andinternational treaties.Data protectionData protection provisions inMauritius are governed by theData Protection Act 2004, whichcame into operation in February2009. Compliance with the DataProtection Act is regulated by theData Protection Office, whichis also responsible for bringingenforcement actions. The DataProtection Act applies to all datacontrollers present in Mauritiusand the Data Protection Officeis headed by the Data ProtectionCommissioner.Under the Data Protection Act 2004,personal data is defined as “datawhich relates to an individual whocan be identified from those data”or “other information, including anopinion forming part of a database,whether or not recorded in amaterial form about an individualwhose identity can be reasonablyascertained from the data,information or opinion”.Sensitive personal data comprisesinformation regarding a datasubject’s racial or ethnic origin,political opinion or adherence,religious belief or other belief ofa similar nature, membership ofa trade union, physical or mentalhealth, sexual preferences orpractices, the commission oralleged commission of an offenceor any proceedings for an offencecommitted or alleged to have beencommitted by him and the disposalof such proceedings or the sentenceof any court in such proceedings.5The procedurallaw in criminaland civil litigationis based on theBritish commonlaw while thesubstantivelaw is derivedfrom the FrenchNapoleoniccode.
The Data Protection Act 2004 (DPA)shall apply to a Data Controllerwho (a) is established in Mauritiusand processes data in the contextof that establishment or who (b)is not established in Mauritius butuses equipment in Mauritius forprocessing data, other than for thepurpose of transit through Mauritius.data protection officer, for thepurposes of registration with theCommissioner, a compliance personwill need to be consigned.A data controller falling under (b)shall nominate, for the purposeof the Data Protection Act 2004,a representative established inMauritius (a person who is ordinarilya resident in Mauritius and whocarries out data processing activitiesthrough an office, branch or agencyin Mauritius). The data subject provides consentThere is a register of data controllers(who have to register themselves)known as the data protectionregister, which is maintained by theData Protection Office. The processing of the dataprotects the data subject’svital interestsAn application for registration asa data controller shall be made inwriting to the Commissioner and theperson shall furnish such particularsas requested under section 35of the Data Protection Act 2004,including name and address, adescription of the personal databeing, or to be processed by or onbehalf of the data controller, and ofthe category of data subjects, towhich the personal data relate, thepurpose for which the personal dataare being processed, etc.Any data controller who knowinglysupplies false information onapplication shall commit anoffence and be liable to a fine notexceeding MUR100,000 and toan imprisonment for a term notexceeding two years.The obligations of data controllersare clearly stipulated in the DPA2004 as well as the rights of thedata subjects.While there is no requirementfor organisations to appoint aData controllers are permitted tocollect and process personal dataprovided the following conditionsare met: The data controller requires thedata to enter into or carry out acontract to which the data subjectis a party The data controller requires thedata in order to take the stepsrequired by the data subject priorto entering into a contract The processing of the data isrequired for a legal obligation The processing of the data isrequired for the administrationof justice The processing of the data is forpublic interestThe processing of sensitive personaldata is subject to an additional list ofconditions which include ensuringthat processing does not involvedisclosure of the personal data. Forall types of information, the datacontroller must, at least, inform thedata subject of the identity of thedata controller and the purposes ofthe processing of his/her data.Data controllers must implementappropriate security measures toprevent the unauthorised access,alteration, disclosure and destructionof any personal data.Exchange controlsOfficially, Mauritius abolishedexchange controls in 1994.However, repatriation of foreigninvestment and the resulting profitscan be subject to proof of theorigin of money, and also subject6to payment of any outstandingMauritian taxes.Money laundering regulationsMauritius has enacted anti-moneylaundering/combating the financingof terrorism (AML/CFT) legislation todeal with corruption, fraud, financialcrime, money laundering andterrorism activities. These include,namely, the Financial Intelligenceand Anti Money Laundering Act2002 (FIAMLA), the Preventionof Terrorism Act 2002 and thePrevention of Corruption Act 2002.The Financial Intelligence Unit (FIU)was set up with enactment of theFIAMLA in 2002.Under Section 14 of the FIAMLA(2002), banks, financial institutions,cash dealers or members of relevantprofessions must report to theFIU on any transaction which theyhave reason to believe may be asuspicious transaction.A suspicious transaction is definedas any transaction which: Gives rise to a reasonablesuspicion that it may involve:–– The laundering of money or theproceeds of any crime–– Funds linked or related to, or tobe used for, terrorism or actsof terrorism or by proscribedorganisations, whether ornot the funds represent theproceeds of a crime Is made in circumstances ofunusual or unjustified complexity Appears to have no economicjustification or lawful objective Is made by or on behalf of aperson whose identity hasnot been established to thesatisfaction of the person withwhom the transaction is made Gives rise to suspicion for anyother reasonFinancial institutions must takereasonable measures to ensure
that neither their institution northeir services are capable of beingused to commit or facilitate thecommission of a money launderingoffence. Furthermore, financialinstitutions have a duty to verifythe true identity of the customersand other persons with whom theyconduct transactions. In addition,they are required to adopt internalreporting procedures, includingthe appointment of a MoneyLaundering Reporting Officer andto implement internal controlsand other procedures to combatmoney laundering and the financingof terrorism.As per Part II of the FIAMLA (2002),any person convicted of moneylaundering shall be liable to a finenot exceeding MUR2 million or aterm of imprisonment not exceeding10 years.Intellectual Property RightsIn Mauritius, the legislativeframework for Intellectual PropertyRights (IPR) comprises: theCopyright Act 1986, the Patent Act1875 and the Trademarks Act 1868being the oldest legislation. The IPRenforcement mechanism took a newturn in 1995 when the TRIPS (TradeRelated Aspects of IntellectualProperty Rights) Agreement of theWorld Trade Organisation cameinto effect. In order to conform thecountry’s legislation to the principlesand obligations laid down in theTRIPS, new pieces of legislationwere adopted, namely the CopyrightBill, the Patent, Industrial Designs7and Trademarks Act 2002, thelayout Designs (Topographies)of Integrated Circuits Act 2002,the Geographical Indications Act2002. However the Layout Designs(Topographies) of Integrated CircuitsAct 2002 and the GeographicalIndications Act 2002 have not yetbeen proclaimed.The bodies responsible for theenforcement of IPR comprise:the Industrial Property Office,International Trade Division ofthe Ministry of Foreign Affairs,Regional Integration andInternational Trade, IndustrialProperty Tribunals, the MauritiusSociety of Authors, the Ministry ofArts and Culture and the CustomsDepartment of the MauritiusRevenue Authority.
COPYRIGHTCopyright can protect both folklore and traditional cultural expressions. Folklore includes folk tales, folk poetry,instrumental folk music, folk dances and plays, artistic forms or rituals and production of folk art. Traditional culturalexpressions include any form or artistic and literary expression in which traditional culture and knowledge are embodiedand which is intergenerational.ProtectiongrantedCopyright is granted to eligible work automatically; there is no need for registration under Mauritianlaw. Copyright does not protect ideas for work, it is only when the work itself is fixed that copyrightautomatically protects it. Copyright provides the owner with moral and economic rights: namelyreproduction, distribution and performance rights, in addition to the right to claim authorship.EnforcementCopyright is infringed by any person who, without permission from the owner, publishes,reproduces, distributes, performs, communicates or broadcasts, imports or has in his possessionin the course of trade any apparatus used for the making of infringing copyrighted works, ofthe material in question. Furthermore, an offence will be committed if someone intentionally orrecklessly deprives the copyright owner of his rights for gain.On conviction, any person who commits an offence may be liable to a fine not exceedingMUR300,000 and to imprisonment for a term not exceeding two years or on a second offence, afine not exceeding MUR500,000 and a term of imprisonment not exceeding eight years.DurationEconomic and moral rights are protected during the lifetime of the author and for 50 years afterhis death.For works of joint authorship, the rights are protected during the life of the last surviving author andfor 50 years after his death.For audio-visual works, the rights are protected for 50 years from the date on which the work wasmade or first made publicly available.For anonymous works, the rights are protected for 50 years from the date on which the work wasmade or first made publicly available by publication or by any other means, whichever date is thelatest, where the author’s identity is revealed or is no longer in doubt before the expiration of thesaid period.For a work of applied art, the rights shall be protected for 25 years from the making of the work.PATENTSPatents protect inventions which can be applied in an industrial environment. For a patent to be granted, the inventionmust be new, have an inventive step which is not obvious to someone with experience in the subject and is capable ofbeing used in some kind of industry. Pure discoveries and scientific or mathematical formulae cannot be patented.ProtectiongrantedPatent protection is obtained via a national filing; the application is subject to formal examination.InfringementPatent protection is obtained via a national filing; the application is subject to formal examination.A patent gives its owner the ability to take legal action to stop others from: the making of a productor the use of a process, which is the subject-matter of the patent, selling anything incorporating thesubject-matter of the patent or inducing third parties into any of the above, without the inventor’spermission.A patent gives its owner the ability to take legal action to stop others from: the making of a productor the use of a process, which is the subject-matter of the patent, selling anything incorporating thesubject-matter of the patent or inducing third parties into any of the above, without the inventor’spermission.Duration20 years from the filing date. The maintenance of a patent is subject to annual maintenance fees,payable to the Controller for each year, following the year of the filing date.8
TRADE MARKSA trade mark must be a sign capable of distinguishing goods and services of one undertaking from those of anotherundertaking. Those signs can be: words, personal names, designs, letters, numeral slogans, sounds, smells, signs anddistinctive colours.ProtectiongrantedThe owner can obtain protection in Mauritius by filing the trade mark at the Mauritius IndustrialProperty Office through a local agent. The appl
environment in Mauritius for the information of businesses who may be interested in transacting or investing in Mauritius. Any transaction or investment in Mauritius, . Doing Business rank 2016 32. Political and legal system Mauritius is a Republic within the British Commonwealt
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A Critical Analysis of the Impact of CRM on Higher Education in Mauritius . Randhir Roopchund Lecturer . Aberystwyth University (Mauritius Branch Campus), Quartier Militaire, Mauritius . Email: rar11@aber.ac.uk . Abstract—This research paper seeks to understand the impact of CRM on Higher Education in Mauritius.
Research Week 2016 9 Isolation of marine bacteria from Western part of Mauritius and antimicrobial properties of their exopolysaccharides A. A. Aullybux1*, D. Puchooa1, R. Jeewon2 and D. E. P. Marie3 1Department of Agricultural and Food Science, Faculty of Agriculture, University of Mauritius, Réduit, Mauritius
Best Practice on Corporate Governance for Mauritius. After a review of corporate governance practices in Mauritius, the Committee decided that it was appropriate to prepare a Code of Corporate Governance for Mauritius. This Code is contained in this document. 2.2 In the early 1990's, after a number of corporate scandals in the UK, a report on
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