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Marine Road,
Near Quay D Round About,
Port Louis |
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206 6600 |
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Fax |
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217 1597 (CPED)
217 1656 (CID)
217 1643 (ADM)
217 1660 (LEGAL)
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Email |
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1. Offences
A –Corruption offence
The Prevention of Corruption Act 2002 (PoCA) creates an array of corruption offences which may be committed
by public officials, members of the public and personnel of the private
sector.
The offences are described under section 4 to 17 of Part II of the Act.
A public official can commit a corruption offence, by soliciting, accepting
or obtaining from another person for himself or another person a gratification.
The same principle will apply to someone giving, agreeing to give or offering
a gratification to a public official.
B –Money laundering offence
The Financial Intelligence And Anti-money Laundering Act (FIAMLA) 2002 provides that:
•Any person shall commit an offence when he engages in a transaction that
involves proceeds of any crime.
•Any financial institution or member of a relevant profession is liable
if it fails to take measures to ensure that neither it nor any service offered
by it is capable of being used by a person to commit money laundering.
•Any person shall commit an offence who makes or accepts any payment in
cash in excess of Rs 500,000 or equivalent amount in foreign currency.
•The law lays the burden on the banks, financial institution, cash dealers
or members of a relevant profession or occupation to report any suspicious transactions to the Financial Inteligence Unit (FIU).
•There are other offences that pertain to obligation to report and keep
records and the disclosure of information which is prejudicial to a request.
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2. Hearings
Hearings may be conducted in public
or in private as the DG will determine. A representative
of the Legal Division shall be in attendance to provide
legal advice.
Public hearing is carried out in cases where the element of public interest
is present. In cases where private hearing is opted, no person shall make
any report of such hearing unless he/she has obtained prior permission
of the DG in writing.
Any person, who in the course of such hearing, knowingly makes a false
or misleading statement, commits an offence.
Subsequently the DG shall submit a report of the hearing to the Director
of Public Prosecutions for a decision.
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3. Mutual Assistance/Extradition
In both cases of corruption and
money laundering, ICAC can provide assistance to or solicit
assistance from foreign states.Section 80 of PoCA makes
provision for extradition of a person in case of a corruption
offence.
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4. Important definitions:
(i) Gratification means
gift, reward, discount, premium or other advantage, other
than lawful remuneration, release or discharge of a loan,
offer of employment, offer or promise of a gratification.
(ii) Public Official means a Minister,
MLA, Public Officer, a local government officer, an employee
or member of local authority, a member of a Commission
set up under the Constitution, an employee or member of
a statutory corporation, an employee or director of any
government company, a judge, an arbitrator, an assessor
or a member of a jury.
(iii) Suspicious transactions means
a transaction which give 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,
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.
(iv) Cash dealer means
a person authorised under the Foreign
Exchange Dealers Act to carry on the
business of foreign exchange dealer or
money changer.
(v) Exempt transaction means
a transaction
- between the Bank of Mauritius
and any other person;
- between a bank and another
bank;
- between a bank and a financial
institution;
- between a bank or a financial
institution and a customer
where -
- The customer is,
at the time the transaction
takes place, an established
customer of the bank
or financial institution;
and
- 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
- between such other persons
as may be prescribed
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