The FIAMLA 2002 defines investigatory authorities as including the Commissioner of Police, the Director of Customs, the Enforcement Authority and the Independent Commission against Corruption. Financial information, concerning suspected proceeds of crime, alleged money laundering offences and/or financing of activities or transactions related to terrorism, is disseminated by the FIU to relevant investigatory authorities for enquiry.
The Independent Commission against Corruption (ICAC) set up under the Prevention of Corruption Act (PoCA) 2002 is vested with powers to investigate corruption offences as well as money laundering or suspicious transactions referred to it by the FIU. The PoCA 2002 also provides for the ICAC to co-operate and collaborate with international institutions, agencies and organisations in the fight against money laundering and take necessary measures in consultation with the FIU. The ICAC may make an application for an attachment order to a Judge in Chamber, where the Commission has reasonable ground to suspect that a person has committed an offence under the FIAMLA 2002.
The Customs and Excise Department assists the FIU in the fight against money laundering and terrorist financing by providing the following information, upon request:
- Import and export documents such as customs declarations, commercial invoices, bill of ladings and modes of payment
- Records of shipper’s export/import documents
- Listings of Customs Brokers, their clerks, Freight Forwarders and other agents transacting import/export business
The FIU works in close collaboration with the Police Department, especially with the Anti Drugs and Smuggling Unit. Information is provided to the FIU, upon request, by different sections of the Police Department such as the Passport and Immigration office and Crime Records Office. The FIU has the duty under the FIAMLA 2002 to inform, advise and co-operate with the Commissioner on Drugs appointed under the Dangerous Drugs Act 2001.
The Bank of Mauritius and Financial Services Commission are the two financial regulators of Mauritius and they ensure that their licensees comply with AML/CFT requirements. They have a duty, under the FIAMLA 2002, to pass on information relating to the possibility of money laundering or a suspicious transaction, to the FIU.
The Bank of Mauritius (BOM) is the supervisory authority for banks, foreign exchange dealers and money changers. It issues guidelines for the fight against money laundering and terrorism financing Non compliance, through negligence, omission or a serious defect in implementation of the codes and guidelines or the requirements imposed in the FIAMLA 2002 and FIAML Regulations 2003, is subject to sanction by the BOM. A banking license may be amended or revoked under the Banking Act 2004 in the absence of a reasonable excuse for a transgression, and on the basis that business is being carried out in a way contrary to the interest of the public.
The Financial Services Commission (FSC) set up under the Financial Services Development Act (FSDA) 2001 regulates the non-bank financial services sector. The FSC issued Codes on the Prevention of Money Laundering and Terrorist Financing for three categories of businesses namely Management Companies, Investment Businesses and Insurance Entities. It is also empowered to take regulatory sanction against any financial institution for non compliance, through negligence or otherwise, with any requirement in the FIAMLA 2002 or FIAML Regulations 2003.
The Gambling Regulatory Authority set up under the Gambling Regulatory Authority Act 2007 provides a legal framework for the regulation of betting on foreign horse races, football matches and other events or contingencies and of interactive gambling. It also makes provisions to foster responsible gambling in order to minimise harm caused by gambling. As a single regulator, it promotes better synergy and enforcement.