Economic Governance and Management
Chapter 4
Chapter 4
for corruption. In addition to the Customs Department, the police and
the National Transport Authority, corruption is said to be widespread
in awarding contracts under the capital budget and that there is
collusion between officials, contractors and suppliers.
567.
The CRM is convinced that the perception is prevalent among major
stake-holders and the public that corruption is a serious problem in
Mauritius, even if it is only relative and far less than in almost any
other African country. The government should therefore take this
problem seriously and endeavour to inform and sensitise the public
on the level and trends in corruption and at the same time strengthen
its efforts to fight corruption. ICAC may want to consider undertaking
its survey on corruption every two or three years compared with every
six years, as happens at present. In addition, the government must
do everything possible to show that the ‘big fish’ and well-connected
individuals are not immune to prosecution.
568.
Money laundering seems to be less of a problem than corruption.
Mauritius has adopted a number of laws and subscribed to a number
of regional and international conventions on corruption and money
laundering. Stakeholders in Mauritius generally believe that the
current legal framework can deal with these problems.
569.
The sources of money laundering are drug money, money from gambling
and tax evasion. There seems to be little money laundering by individuals
based in Mauritius. The laundering of drug money rarely came up
during the CRM’s visit. The CRM did not find any credible evidence
that the laundering of drug money was significant or a major problem
in the country.
570.
Allegations of money laundering, especially from India and South
Africa, seem to be far more serious. Investors from India and South
Africa engage in what is called ‘round tripping’. They establish
investment companies in the financial centres in Mauritius and use
these companies to invest in India and South Africa. There are several
advantages for the companies involved. Among them are the fact that
it is easy to start businesses in Mauritius and that taxes in Mauritius
are much lower than in India and South Africa. These companies
therefore avoid paying taxes in Mauritius, on the one hand, and also
in India and South Africa on the other.
571.
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Officials in Mauritius insist that the current rules and regulations
comply fully with international norms and standards for money
laundering. They also point to the bilateral and regional agreements
Economic Governance and Management
that provide for cooperation against money laundering between
Mauritius and its neighbours in Africa and in Asia. The Mauritian
authorities minimise or dismiss the allegations that Mauritius is a
platform for tax evasion and money laundering. The authorities regard
the activities of these investors as ‘fishing expeditions’ to get financial
information. They also feel that the investors resent Mauritius’s
policy and progress in developing a tax-free economy and are jealous
of it. According to officials in Mauritius, they cooperate fully with
neighbouring countries and give all the information requested when
a credible case is made that Mauritius is being used to evade taxes
and launder money from neighbouring countries. In addition, the
Mauritian authorities point to the work of the FIU, which is described
below, the cooperation between the FIU and similar institutions in
African and other countries, and the efforts of the FIU to help establish
and/or strengthen similar institutions that fight money laundering
and tax evasion in neighbouring African countries.
572.
The CRM believes that the authorities in Mauritius must take these
allegations of tax evasion and money laundering more seriously,
be more sensitive to the problems facing their neighbours, and
make greater efforts to address the concerns of its neighbours that
Mauritius is being used by people in neighbouring countries who are
trying to evade taxes and launder money. However, this will not be
easy given the goal of Mauritius to become a tax-free haven and the
inevitable disparity in the level of taxes between it and its neighbours.
However, it is an issue that officials could address within, for example,
the framework provided by the SADC MoU on Macroeconomic
Convergence (2002) and the SADC Finance and Investment
Protocol (September 2007) that provides for, among other things,
cooperation in investments and common provisions for taxation.
Failing this, Mauritius may well encounter barriers to investment
in neighbouring countries.
573.
However, laws dealing with corruption in the private sector suffer
from the requirement that a person may only be prosecuted with the
cooperation and support of the principal or owner. Nonetheless, the
CRM believes that the problems with the fight against corruption and
money laundering lie more with implementing existing laws and
regulations than with the laws themselves.
574.
The most important agency in the fight against corruption is ICAC.
ICAC was created as an autonomous institution answerable to no
one. The prime minister appoints its director after consulting with the
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