TFS are both asset freezing and prohibitions measures taken without delay to prevent funds or other assets from being made available, directly or indirectly, for the benefit of entities or persons subject to sanctions.

The UN Sanctions List, is a list established by the United Nations Security Council comprising of the names of the listed parties which are subject to UN Sanctions.

The United Nations (Financial Prohibitions, Arms Embargo and Travel Ban) Act 2019 (‘UNSA  2019’), provides the legal framework for implementing targeted sanctions, including financial sanctions, arms embargo and travel ban, and other measures imposed by the United Nations Security Council.

The UNSA 2019 provides for the imposition of sanctions on both Listed Parties and Designated Parties.

A “listed party” is a party which is listed by or under the authority of the United Nations Security Council.

A “designated party” is a party declared as such by the Secretary for Home Affairs under section 9 or 10 of the UNSA 2019.

As a Reporting person, you have to:

   a) Comply with prohibitions under the UNSA 2019;

   b) Implement internal controls and other procedures;

   c) Screen all customers and transactions against the UN Consolidated sanctions list;

   d) Make a report to the National Sanctions Committee (NSS) and your AML/CFT Supervisor

  e) In case of match, file a Suspicious Transaction Report (STR) to the FIU

You may consult the following documents for more information:

FIU video presentation on Targeted Financial Sanctions Overview and Obligations under the United Nations Sanctions Act 2019

Guidelines on the Implementation of Targeted Financial Sanctions under the UNSA 2019

The following targeted sanctions shall apply immediately and shall continue to apply for as long as the party remains listed on the relevant United Nations Sanctions List or remains a designated party:

   i. the prohibition to deal with funds or other assets of a listed party or designated party

   ii. the prohibition on making funds or other assets available to a listed party or designated party

   iii. arms embargo

   iv. travel ban

As a reporting person, you should ensure that you have access to up-to-date sanctions lists and that you regularly screen your client databases against the UNSC Consolidated List. Appropriate systems should also be put in place to ensure reporting obligations are met.

The United Nations Consolidated Sanctions List can be accessed on the following:

• United Nations Security Council website
• National Sanctions Secretariat website
• FIU Website

As of July 2022, the Secretary of Home Affairs has not declared any party as “Designated Party”.  In case of declaration of a designated party, the National Sanctions Secretariat shall give public notice in such a manner as may be determined by the National Sanctions Committee.

You should conduct the screening upon any change to the UN Consolidated Sanctions List. As there are occasional changes in the list, the onus is on you to ensure that you make use of the most recent list. The screening must be conducted immediately and without delay (within 24 hours) such that reporting is done within 24 hours.

Screening should also be done at the time of establishing a business relationship, at regular intervals and upon trigger events (change in directors or ownership). Screening records must be properly documented.

Manual Screening is allowed based on the size, scale and complexity of the business.

The FIU has published a presentation on How to conduct sanctions screening explaining one way to conduct manual screening.

There is no minimum financial limit or no other threshold applicable to conduct TFS screening. Screening should be conducted whenever there is a change in the relevant sanctions lists.

No, you are required to conduct TFS screening prior to establishing any relationship with the client.

TFS screening must be conducted whenever there is any change to the list. This includes additions, extensions, removals, exemptions or any other amendments.

A reporting person is required to search for their clients against the lists provided.  There are several search criteria that can be used to assist in narrowing down the search results.  These include, among other, the following:

• Name
• Surname
• Date of Birth
• Nationality
• Identifying number
• Aliases

The reporting person will be required to ensure that they complete as much information as possible in the search fields. It is the responsibility of the reporting person to review the search results and to decide as to the validity thereof.

When NO match has been found, you need to ensure that you keep evidence (records) of your screenings.

If the screening is conducted further to changes in the UN Consolidated Sanction List and NO Match found, a reporting person shall notify its AML/CFT supervisor through a nil report.  Screening records must be well documented

1. When a true match has been identified, the reporting person should immediately report it to the NSS (on nssec@govmu.org) and to its AML/CFT Supervisor. The following template should be used to report a positive match.

Template for Reporting on Positive Match under section 25(2) of the United Sanctions Act  

1. The reporting person is also required to identify whether the client has any funds or other assets in Mauritius and to make a report to the NSS and to its AML/CFT supervisor where funds or other assets have been found and also in cases where funds or other assets have not been found. The following template should be used to report.

Template for Notification to the NSSec under section 23(4) of the UN Sanctions Act 2019

1.  In addition, a reporting person should immediately submit a Suspicious Transaction Report (STR) to the FIU on any information related to a designated party or listed party. The STR reporting should to be done through the goAML platform. Any other person, should report to the FIU in writing. (email address)

Reporting persons are reminded that it is an obligation to register with the FIU as per Section 14C of FIAMLA.

If you identify any information relating to a designated or listed person, and you are not a reporting person, then you must report it by sending an email to fiu@fiumauritius.org with all details and all supporting documentation.

You are required to file reports without delay and not later than 24 hours.

A Suspicious Transaction Report relating to a designated or listed party should be filed within 24 hours as per the Section 39 of the UNSA 2019.