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Mauritius Strengthens its Stance Against Terrorism with New Sanctions Act

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In a bid to combat the menace of terrorism, Mauritius has introduced the United Nations (UN) Sanctions Act. This act aims to prevent the flow of funds and assets to designated parties involved in terrorist activities.

Overview of the Act

The UN Sanctions Act allows any person with an interest in funds or other assets subject to a prohibition to apply to the National Sanctions Committee for exclusion from the prohibition. The committee will grant such exclusion based on relevant criteria, including:

  • Legitimacy of the interest
  • Non-involvement in terrorism activities

Remedies Available to Designated Parties

Designated parties have the right to apply to the Supreme Court for a judicial review of the decision to declare them as such. Additionally, listed parties who are citizens of Mauritius or residents of the island, or those incorporated or registered in Mauritius, may submit a request to the National Sanctions Secretariat to take measures for the removal of their name from the relevant UN sanctions list.

Rights and Remedies

  • Right to apply to the Supreme Court for judicial review
  • Request to remove name from UN sanctions list

Addressing Cases of Mistaken Identity

In cases where a party is affected by a freezing order or prohibition and claims not to be the intended target, they may apply to the Secretary for Home Affairs for redress.

Redress Options

  • Apply to the Secretary for Home Affairs

Penalties for Non-Compliance

Failure to comply with the relevant provisions of the UN Sanctions Act carries severe penalties. These include:

  • Failure to notify the National Sanctions Secretariat: up to 1 million rupees fine and 10 years imprisonment
  • Financial dealing: up to 5 million rupees fine or twice the value of the funds, whichever is greater, and at least 3 years imprisonment
  • Provision of funds or other assets: up to 5 million rupees fine or twice the value of the funds, whichever is greater, and at least 3 years imprisonment
  • Arms embargo: up to 10 million rupees fine and at least 3 years imprisonment
  • Other offences: up to 1 million rupees fine and 10 years imprisonment

Terminologies

The Act defines various terms, including:

  • “Deal” which includes selling, supplying, leasing, transferring, converting, disposing, moving, using or withdrawing
  • “Designated party” means a party declared by the Secretary for Home Affairs
  • “Economic resources” include assets of every kind that potentially may be used to obtain funds, goods or services

Date and Disclaimer

Date: 03 October 2023

Disclaimer: This document is only meant for information purposes and must not be used for any other purposes.