30 September 2007

Mauritius: Financial Services Consultative Council (FSCC)

Section 12 of the Financial Services Act 2007 provides for the establishment of a Financial Services Consultative Council (FSCC) which shall consist of –
  1. the Minister who shall be the Chairperson;
  2. the Financial Secretary, who shall be the Vice-Chairperson;
  3. the Governor of the Bank of Mauritius;
  4. the Chairperson of the Financial Services Commission (FSC);
  5. the Chief Executive of the FSC; and
  6. not more than 6 other members designated by the Minister from amongst persons of high calibre and of international repute in their relevant fields.
The objects of the FSCC shall be to act as a think-tank and to serve as a platform for discussions of the latest concepts and international trends in the field of financial services and global business and to formulate suggestions and ideas for the development of the financial services and global business sectors.

01 February 2007

Mauritius: Registered Agent

Appointment of registered agent

(1) A company which intends to apply for a Category 2 Global Business Licence shall, by a resolution of its directors appoint a registered agent in Mauritius.

(2) Every registered agent shall, within 14 days of his appointment apply to the Financial Services Commission ("FSC") for a Registered Agent Licence.

(3) An application under paragraph (2) shall -

(a) contain such information and particulars as may be acquired therein and shall be made in such form and in such manner as may be approved by the FSC.

(b) be dealt with in the same manner, as is provided for under section 20(3) and (4) of the Financial Services Development Act 2001.

(4) Where an application for a Registered Agent Licence is approved by the FSC, the Chief Executive shall, after payment by the applicant of the annual fee specified in item 4 of Part II of the Fourth Schedule of the Financial Services Development Regulations 2001, issue the Registered Agent Licence on behalf of the FSC subject to such terms and conditions as the Board of the FSC may impose.

(5) Where the annual fee in respect of a Registered Agent Licence is not paid within one month after the date when payment becomes due the FSC may, in writing, notify the holder of the licence that the licence has lapsed.

Change of registered agent

(1) A company holding a Category 2 Global Business Licence may, by a resolution of its directors, change its registered agent.

(2) The company shall, within 7 days of the resolution changing its registered agent, give written notice simultaneously to the FSC and to the Registrar of Companies ("RoC") of the change and of the name and address of the new registered agent.

Resignation of registered agent

(1) Where a registered agent proposes to resign as registered agent in respect of a company holding a Category 2 Global Business Licence and is unable to agree with the company on his replacement, he shall give notice in writing at least 60 days before his resignation-

(a) to the director or officer of the company at his last known address;

(b) where he has no notice or knowledge of any change in the name and address of any director or officer of the company from the one on his records, to the person from whom he last received instructions concerning the company;

(2) (a) A copy of the letter of resignation shall be submitted forthwith simultaneously to the FSC and to the RoC.

(b) The resignation of the registered agent shall take effect on the sixtieth day after submission of the letter of resignation to the FSC and to the RoC.

(3) Where-

(a) before the expiry of the notice by the registered agent under paragraph (1), the company fails to inform the FSC and the RoC of any change of name and address of his registered agent.

(b) The RoC has reasonable cause to believe that a company holding a Category 2 Global Business Licence does not have, or is likely to find itself without a registered agent.

The RoC shall cause to be published in the Gazette a notice that the company is to be removed from the register unless the company notifies him within 30 days from the publication of the notice of the name and address of its registered agent.

(4) The RoC shall-

(a) in accordance with the Companies Act 2001, remove from the register any company holding a Category Global Business Licence which fails to comply with a notice under paragraph (3); and

(b) cause to be published in the Gazette a notice to that effect.

09 November 2006

Maurice : L’offshore impliqué dans le scandale « Oil for Food » irakien

Lors de sa mission à Maurice entre le 25 et le 31 octobre, M. Courroye, travaillant de concert avec les responsables du State law Office, avait sollicité et obtenu un Judge’s Order ordonnant la Deutsche Bank de fournir tous les détails des comptes bancaires opérés au nom de Teillac SA. Après examen dans des conditions d’extrême confidentialité de ces documents bancaires, le juge d’instruction français a décidé de procéder à l’audition des employés de deux compagnies engagées dans l’offshore à Maurice.

Cette audition des employés d’AAMIL Limited, une offshore management company et de The Deutsche International Trust Corporation (Mauritius) Limited, s’est déroulée mardi de la semaine dernière en présence de la Deputy Master and Registrar, Mme Rehana Mungly-Gulbul, aux termes des dispositions de la loi. À ce jour, très peu de détails ont transpiré de cet exercice.

26 January 2006

The Standard: Offshore Financial Services Guide 2005-06

Snapshot and description of 30 major offshore centres

Directory of offshore service providers

Thought-provoking articles on leading issues.


01 October 2005

Mauritius: FSPA “Training on Double Tax Treaties”

In line with its objective to develop professionals in the financial services and to be abreast of new developments in the sector, the Financial Services Promotion Agency (FSPA) will be organising a seminar on ‘Double Tax Treaties’ in November 2005.


Professor Jean Marc Tirard from Paris will give a series of ten lectures on the subject over five afternoons during the week from 7th to 11th November, 2005.


He is one of the leading international tax practitioners in France and President of STEP France. He is also the leading expert on common law trusts in civil law countries, including France. Mr Tirard will be making extensive use of French case studies (and other countries of relevance to Mauritius) on various treaty issues as well as will work on examples from other common law countries.


Course details


Lectures: Double Tax Treaties

Course Leader: Mr Jean Marc Tirard

Venue: 1st Floor, Le Labourdonnais Waterfront Hotel

Time: 14:00hrs – 17:30hrs

Fee/participant: Rs 10,000


Please note the following:


  • The deadline for enrolment is Monday 31st October, 2005.
  • Enrolment for the course will be on a first come first serve basis.
  • Payment along with dully filled in Registration form should reach the FSPA at latest by 31st October, 2005.
  • Certificate of attendance will be provided at the end of the seminar
  • MQA approval is in process and you will be advised as soon as approval is granted.

06 January 2005

Mauritius: FSC Practice Notes on Managed Corporate Service Providers


The Financial Services Commission wishes to announce that it has, on 06 January 2005, issued Practice Notes on Managed Corporate Service Providers under section 7(1)(a) of the Financial Services Development Act 2001. These Practice Notes will come into operation on 02 February 2005.

A draft version of the Practice Notes on Managed Corporate Service Providers was released for consultation in September 2004. Management Companies were invited to respond before 11 October 2004 and a number of valuable comments and suggestions were received.

On the whole, the proposals were well received and the Commission has fully considered each and every comment submitted in finalising the Practice Notes on Managed Corporate Service Providers.

Practice Notes on Managed Corporate Service Providers


  1. Management Companies are licensed by the Financial Services Commission ("FSC") under section 24 of the Financial Services Development Act 2001 (“the Act”) to set up and manage global business companies , to provide nominee and other services to the latter or to act as corporate trustee or qualified trustee under the Trust Act 2001.
  2. A Management Company (“MC”) is licensed on the basis that it will operate as a full fledged stand alone operation. Current practice requires Management Companies to have a permanent establishment locally and to operate from business premises with adequate logistics and staff of adequate number, skills, knowledge and experience to undertake and fulfil their duties. The only exception is where the operation of a MC is managed under a Management Agreement by a fully established Management Company having the resources to provide such a service.
  3. The FSC is responsible for supervising Global Business. The FSC’s role is to reduce the risk of money laundering and other financial crime and to protect the good repute of Mauritius as a financial centre. The FSC discharges this responsibility in different ways, for example, by promoting and enforcing legislation, statements of policy and principles, guidelines and codes of practice or practice notes.
  4. In particular, practice notes explain the manner in which the principles already established under legislation or a guideline will be interpreted and implemented. Practice notes are issued under section 7(1)(a) of the Act. They do not have the force of law in that breaches will not by themselves constitute criminal offences – although they may entail regulatory sanctions. However, where as a result of a breach or failure to comply with practice notes, the FSC directs the Licensee under section 7(l)(d) of the Act to comply with any practice notes or any part thereof, failure to do so will constitute a contravention of the law and may lead to prosecution- quite apart from any other regulatory action that may be taken.

The downloadable PDF version of the Practice Notes is available here

05 June 2004

Mauritius: FSPA "2 year Postgraduate Diploma in International Tax Planning"

The Financial Services Promotion Agency (FSPA) is launching its postgraduate qualification course in International Tax Planning for its next intake in August 2004.

International taxation deals with the rules under domestic tax laws and tax treaties under international tax law. International tax planning uses the knowledge of international taxation to develop tax-efficient tax structures on cross-border transactions. Owing to the complexity of the subject, international taxation is taught by very few academic institutions in the world. It is learnt largely through in-house experience or training programmes within international professional firms.

The FSPA considers that there will be significant benefits in having an internationally recognised Diploma. Those individuals following the course will indicate a high level of competence in International Taxation and a successful candidate will be able to demonstrate knowledge in the following areas:

• the principles of international taxation
• in-depth knowledge of international tax issues for their primary jurisdiction
• an awareness of basic tax issues, particularly in relation to international tax, in at least one secondary jurisdiction

Currently, overseas professional advisors do most of the tax planning on assignments involving Mauritius global business as many local professionals lack either the knowledge or the experience in the subject. This course is designed to provide the necessary training to develop their expertise locally. It will impart them with the knowledge to enable them to perform more value-added services and, thus, help to enhance the reputation of Mauritius as a high quality financial service centre. The experienced faculty and the high quality study materials provide a balance of practical and theoretical teaching techniques, making the learning relevant, as well as beneficial and motivational.

The Financial Services Promotion Agency has made arrangements with the Royal Society of Fellows in the United States to set and mark the examination papers and award the Diploma. The Royal Society of Fellows is a learned society of international tax professionals and academics. The Diploma applies towards the requirements of their Society and towards the title as a Fellow of the Society. It is also linked with the LL.M. program in international tax at the St Thomas University School of Law, Miami, USA. (For details see their website http://www.royalfellows.org)

In the global business, our customers and competitors are overseas. Although the market for global services continues to grow it is also very competitive. In order to maintain and expand our market share, we all need to continue to expand our knowledge base and develop our skills. The Financial Services Promotion Agency in Mauritius is here to assist you. Its mission is to bring you the best hands-on learning solutions at affordable cost to enable you to succeed in your business.

To ensure the high standards and personalised attention to the students, the student intake is limited. The registration for the course will be strictly on a first-come-first-served basis.

30 January 2004

U.S-Mauritius Trade and Investment Mission

The U.S. Embassy, in close collaboration with the U.S. Commercial Service based in Johannesburg, is planning a two-day U.S. - Mauritius Trade and Investment Mission to be held on April 1-2, 2004 at the U.S. Commercial Service Ron Brown Center in Johannesburg, South Africa.

The objective of this important business event is to bring a delegation of Mauritian businesspersons to Johannesburg to meet with U.S. companies in South Africa to explore trade and investment opportunities in Mauritius. There are more than 800 U.S. firms based in South Africa and we plan to specifically target those companies that have interest in expanding their business in the region. In addition to presentations of business opportunities in Mauritius by the Mauritian delegation, and presentations of support services available from the Foreign Commercial Service and other U.S. agencies, there will be opportunities for one-on-one meetings between the Mauritian and U.S. business delegates. We also envisage interactions with business in the U.S. via video conferences.

The Embassy is working with representatives of the Government of Mauritius as well as private sector institutions to plan this event. These include the Board of Investment, the American Chamber of Commerce, the Mauritius Freeport Authority, the Business Parks of Mauritius Ltd., the Financial Services Promotion Agency, the Mauritius Chamber of Commerce & Industry, and the Mauritius Export Processing Zone Association. All these agencies will be active participants in the trade mission in Johannesburg.

16 January 2004

The Impact of Global Financial Integration on Mauritius and Seychelles

This paper focuses on the obstacles and challenges of global financial integration faced by Mauritius and Seychelles, two small islands states in the Indian Ocean. It is argued that globalisation is rapidly, and to a large extent irreversibly, changing the way business and policy are conducted in small open economies and in the industrialised world. The paper also refers to the difficulties faced by small island states in their attempt to liberalise their economies, notably those related to intensification of competition, maintenance of sound macroeconomic policies, effective management of risks, cross-border bank supervision, modernization of financial legislation, and adaptation to changes in the international business cycle.

01 October 2003

Mauritius: FSPA "Training in Compliance"

The Financial Services Promotion Agency (FSPA) is organising a 1 day Industry Sector Specific Training by Mr Stephen Platt


Understanding Compliance


What is compliance? Who is responsible for compliance? How can your organisation implement good compliance practice? These and other important questions are answered on this unique, highly interactive training day which is designed to equip trainees with the ability to begin to design an internal compliance framework.


There are four Training Days, one for each of the following industry sectors:


Workshop 1


Target Audience: Insurance Sector

Date: 3 November, 2003

Time: 09:00Hrs – 17:00Hrs (including breaks & lunch)

Venue: Le Sirius, 1st Floor

Labourdonnais Waterfront Hotel

Fee/Participant: Rs 6,000


Workshop 2


Target Audience: Global Business/Management Companies

Date: 4 November, 2003

Time: 09:00Hrs – 17:00Hrs (including breaks & lunch)

Venue: Le Sirius, 1st Floor

Labourdonnais Waterfront Hotel

Fee/Participant: Rs 6,000


Workshop 3


Target Audience: Securities/Stockbroking

Date: 5 November, 2003

Time: 09:00Hrs – 17:00Hrs (including breaks & lunch)

Venue: Le Sirius, 1st Floor

Labourdonnais Waterfront Hotel

Fee/Participant: Rs 6,000


Workshop 4


Target Audience: Banking Sector

Date: 6 November, 2003

Time: 09:00Hrs – 17:00 Hrs (including breaks & lunch)

Venue: Le Sirius, 1st Floor

Labourdonnais Waterfront Hotel

Fee/Participant: Rs 6,000


The training will differ according to individual industry sectors


Training Content


Defining Responsibility for Compliance

- The role of the senior management

- The role of a compliance department

- The role of business units/client facing staff

- Achieving effective corporate governance through good compliance practice


Analysing the Role of the Compliance Officer

- The Key Skills and Attributes of an Effective Compliance Officer

- The duties of the Compliance Officer

- Managing Internal and External Relationships

- Reporting Lines


Constructing an Effective Risk Control Framework

- Analysing legal and regulatory rules

- Identifying and mapping risks

- Designing controls and procedures

- Compliance monitoring and testing programs

- Generating management information


Creating an Effective Compliance Culture

- Recognising cultural barriers

- Overcoming cultural barriers

- Staff training

- Understanding human factors in risk management


Training Format


· Full day training sessions

· Use of Multi Media and Video

· Highly interactive

· Extensive use of case studies and generation of group discussion

· Table top group exercises


* Please note that MQA approval is in process for this training and you will be advised once approval is granted.

* Please complete the appropriate registration form and send us by fax or mail by latest Thursday 30 October, 2003

06 January 2003

HKEx: Fund Management in Hong Kong and Singapore

Hong Kong and Singapore are close rivals within the Asia-Pacific region as fund management centres. Hong Kong is somewhat ahead in terms of business volume,although the lead is shrinking. The strategies of each centre are different, although there has been some convergence recently. Opportunities for Hong Kong appear greater, but improvements in policy are needed.

31 December 2001

IMF - Mauritius: A Case Study

"And they (the political parties in Mauritius) seem to recognize that, at the end of the day, they will be left with what they started with: an agricultural colony, created by empire in an empty island and always meant to be part of something larger, now given a thing called independence and set adrift, an abandoned imperial barracoon, incapable of economic or cultural autonomy." 


"They (the Mauritians) have such confidence in their rights, their votes, the power of their opinions."

—V.S. Naipaul, 
The Overcrowded Barracoon

Few sub-saharan African countries have achieved high standards of living. A notable exception has been Mauritius. Yet we had it on the highest possible authority—the economist and Nobel Prize winner James Meade, who prophesied in the early 1960s that Mauritius's development prospects were poor—that Mauritius was a strong candidate for failure, with its heavy economic dependence on one crop (sugar), vulnerability to terms of trade shocks, rapid population growth, and potential for ethnic tensions. History—or, rather, Mauritius—proved Meade's dire prognostication famously wrong.

Are Mauritius's achievements due to favorable initial conditions, good policies—especially openness to trade and foreign investment—sound domestic institutions, or other factors?

Achievements

Between 1973 and 1999, real GDP in Mauritius grew 5.9 percent a year, on average, compared with 2.4 percent for sub-Saharan Africa as a whole (see chart). Through the magic of compounding, the income of the average Mauritian more than tripled over a 40-year period, while that of the average African increased by only 32 percent.
Annual GDP growth has averaged 2.38 percent in sub-Saharan Africa, 5.91 percent in Mauritius
Improvements in human development indicators have been equally impressive. Life expectancy at birth increased from 61 years in 1965 to 71 years in 1996; primary school enrollment increased from 93 to 107 per 100 children of school age between 1980 and 1996, while it decreased from 78 to 75 in the rest of Africa. (Enrollment rates may be higher than 100 percent because of repeaters, adults who are enrolled even though they are not in the age group being measured, and other discrepancies.) The income gap between the richest and the poorest Mauritians has narrowed considerably: the Gini coefficient (a measure of income inequality, with 0.0 representing total equality and 1.0 representing total inequality) declined from 0.5 in 1962 to 0.37 in 1986-87.

High growth rates have been achieved in a stable macroeconomic environment. Between 1973 and 2000, annual consumer price inflation averaged 7.8 percent in Mauritius, compared with more than 25 percent for sub-Saharan Africa as a whole. The unemployment rate declined from nearly 20 percent in 1983 to 3 percent in the late 1980s, although it has since edged up above 7 percent.

Social protection in Mauritius is similar to that seen in the industrial countries: a large and active presence for trade unions, which are able to engage in centralized wage bargaining, and generous social security benefits, particularly for the elderly and civil servants. Social protection is also afforded through price controls, especially on a number of socially sensitive items. In contrast with the member countries of the Organization for Economic Cooperation and Development, however, generous social programs in Mauritius have thus far not necessitated high taxes, reflecting both strong growth and favorable demographics, a large proportion of the population being of working age.

Initial conditions

Did Mauritius grow fast because its inheritance was favorable? A retrospective answer can be provided based on the indicators that have been identified as important for long-term growth. Table 1 shows how Mauritius scores on these indicators, compared with other countries. On the one hand, a number of factors—especially the initial level of income, geography, and commodity dependence—have exerted a drag on long-term growth. For example, Mauritius is disadvantaged by being at least 25-30 percent more distant from world markets than the average African country. On the other hand, favorable demographic developments and very high initial levels of human capital have boosted growth. Formal analysis shows that on balance, however, the disadvantages outweigh the advantages: initial conditions have slowed growth by about 1 percentage point a year relative to the average African country and by nearly 2 percentage points relative to the fast-growing developing economies of East Asia.
Table 1
Were initial conditions in Mauritius better than those in other developing countries?
Mauritius Africa Fast-growing developing economies1Other developing economies

GDP catch-up28.727.297.90  7.85  
Life expectancy in years (1970)60.4041.6057.10  51.90  
Ethno-linguistic fractionalization30.580.640.42  0.32  
Population growth40.97-0.090.82  0.33  
Primary commodities as fraction of total exports0.290.180.09  0.12  
Fraction of area in tropical climate10.890.69  0.59  
Landlocked500.330  0.11  
Remoteness from world economic center (kilometers)611,2499,1839,464  8,633  

Sources: Jeffrey D. Sachs and Andrew M. Warner, 1997, "Sources of Slow Growth in African Economies," Journal of African Economies, Vol. 6, pp. 335-76; and author's calculations.
1China, Hong Kong (SAR), Indonesia, Malaysia, Singapore, and Thailand.
2Log of real GDP per economically active population in 1965.
3Probability (in 1960) that two randomly selected people from a country did not belong to the same ethnic or linguistic group.
4Growth of working-age population minus growth of total population between 1965 and 1990.
50 if not landlocked. For groups, figure depicts the percentage of countries landlocked.
6Average distance to export partners, weighted by exporters' GDP share in the world.
Globalization strategy

Perhaps the most interesting aspect of Mauritius's development has been its trade and development strategy. At one level, Mauritius can be seen as a case study proving that openness and an embrace of globalization are unambiguously beneficial. Since the mid-1980s, the volume of goods imported and exported by Mauritius has grown rapidly, at annual rates of 8.7 percent and 5.4 percent, respectively. Its openness ratio (the ratio of trade-in-goods to GDP) has increased from about 70 percent to 100 percent, while Africa's openness ratio has stagnated at around 45 percent. Particularly strong was the growth in manufacturing exports originating predominantly in Mauritius's export-processing zone.

There are three possible explanations for the impressive growth of trade: first, liberal trade policies; second, trade policies that, although interventionist, did not distort incentives in favor of the import-competing sector; third, openness to foreign direct investment.

The first explanation does not fit the facts. During the 1970s and 1980s, protection in Mauritius was high and dispersed throughout the economy. In 1980, the average tariff exceeded 100 percent, and it was still very high—65 percent—at the end of the 1980s. Moreover, until the 1980s, there were extensive quantitative restrictions in the form of import licensing, which covered nearly 60 percent of imports.

Clearly, by the usual measures, Mauritius had a highly restrictive import regime. But why did this not translate into an export tax and, hence, a tax on all trade? Not only was an effective institutional mechanism—the export-processing zone—in place but Mauritius's own domestic policies and the policies of its trading partners ensured very high returns to the export sector, effectively segmenting it from the rest of the economy and discouraging the diversion of domestic resources to the country's inefficient import-competing sector. First, all imported inputs entered the country duty free, ensuring that the export sector's competitiveness on world markets was not undermined by costly inputs. Second, a variety of tax incentives were provided to firms operating in the export-processing zone, which had the effect of subsidizing exports. Third, until the mid-to-late 1980s, labor market conditions in the export sector were different from those in the rest of the economy (in the import-competing sector, in particular): employers in the export-processing zone had greater flexibility to discharge workers, and the conditions of overtime work were more flexible. Most important, although the legal minimum wage was the same in the export-processing zone as in the rest of the economy, the minimum wage for women was lower than that for men. Because the export-processing zone employed a disproportionate number of women, their lower wages also implicitly subsidized exports, encouraging producers to concentrate on the export, rather than on the import-competing, sector.

However, these interventionist policies did not, on their own, fully offset the anti-export bias created by restrictive import policies. Preferential access provided by Mauritius's trading partners in the sugar, textile, and clothing sectors, which together accounted for about 90 percent of Mauritius's total exports, also implicitly subsidized the export sector and was responsible, to a large degree, for overcoming the anti-export bias of the import regime (Table 2).
Table 2
Import tax and offsetting export subsidies 
(percent)
Export subsidies

ImportFrom domestic policy2

From preferential access

Total

tax1Case ACase BSugarApparelTotalCase ACase B

1980s127  32     39108  15528491
1990s65   7      2098  28475466

Source: Author's calculations.
1To capture the resource allocation effects, import protection is measured in effective rather than nominal terms.
2Subsidy from domestic policy refers to the difference between wages in export-processing zone (EPZ) and those in manufacturing (Case A) and in the economy (Case B).
Since it gained its independence in 1968, Mauritius has been guaranteed a certain volume of sugar exports to the European Union (EU) at a price that was, on average, about 90 percent above the market price between 1977 and 2000. The resulting rents to Mauritius have amounted to a hefty 5.4 percent of GDP, on average, each year and as much as 13 percent in some years. From a macroeconomic perspective, these rents have played a crucial role in sustaining high levels of investment and explain why domestic, rather than foreign, savings have financed domestic investment during Mauritius's growth boom.

The preferential access given to textile and clothing exports from Mauritius has been equally important. The international regime known as the Multifiber Arrangement (MFA) was established by the United States and the European Union to limit imports of textiles and clothing by awarding country-specific quotas. As a result, imports were redistributed among the countries that produced these goods, to Mauritius's benefit.

The third explanation ascribes Mauritius's success to its openness to foreign direct investment, facilitated by the creation of the export-processing zone. The latter, a resounding success, has transformed the Mauritian economy. Since 1982, output has grown by 19 percent a year, on average, employment by 24 percent, and exports by 11 percent. The export-processing zone accounts for 26 percent of GDP, 36 percent of employment, 19 percent of capital stock, and 66 percent of exports. Moreover, a growth-accounting analysis demonstrates the exceptional productivity of the zone. During 1983-99, total factor productivity growth in the export-processing zone averaged about 3.5 percent a year, compared with 1.4 percent in the economy as a whole. In the 1990s, productivity growth in the export-processing zone was remarkable, averaging 5.4 percent a year.

But these explanations, although plausible, do not really get at the underlying causes of Mauritius's trade and growth performance. Other developing countries had similar preferential trade opportunities and also created export-processing zones. But many of them failed where Mauritius succeeded. Clearly, there were deeper reasons for Mauritius's success.

Institutions

To a considerable extent, strong domestic institutions have contributed to Mauritius's success (Table 3). Two examples illustrate the role played by domestic institutions. Mauritius successfully overcame its macroeconomic imbalances in the early 1980s. Macroeconomic adjustment was, in fact, implemented by three different governments of divergent ideological persuasions: this presupposed consultation and a recognition of the need to develop a national consensus in favor of adjustment. Further, a culture of transparency and participatory politics ensured that early warning signals and feedback mechanisms were in place, allowing emerging economic problems to be tackled at an early stage. Second, the export-processing zones established by other African countries may have provided the same incentives for investors but, unlike the zone in Mauritius, they have been plagued by rent seeking, abuses, and leakages deriving from weak administration.
Table 3
Quality of institutions in Mauritius and other countries
  Mauritius      Africa    Fast-growing
developing economies
Other
developing economies

ICRGE17.23    4.546.864.29
Protection against expropriation28.06    5.758.546.47
Democracy30.75    0.250.470.51
Participation index30.8    0.300.490.44

Sources: International Country Risk Guide index, the PRS Group; Keith Jaggers and Ted Robert Gurr, 1995, Polity III: Regime Type and Political Authority, 1800-1994 [computer file] (Boulder, Colorado: Keith Jaggers/College Park, Maryland: Ted Robert Gurr); Inter-university Consortium for Political and Social Research, distributor, 1996 (Ann Arbor, Michigan).
1ICRGE (International Country Risk Guide) index is a measure of the quality of government institutions that affect property rights or the ability to conduct business. It is published by a private firm that provides consulting services to international investors.
2For ICRGE index and index of protection against the risk of expropriation, Mauritius has fitted values. The scale is from 0 to 10, with higher values indicating better institutional quality.
3The participation index measures the extent to which non-elites are able to access institutional structures for political expression. This index, like the one for democracy, ranges from 0 to 1, with higher values denoting better quality.
Special factors

Formal analysis of Mauritius's growth performance shows, however, that even after accounting for the positive role played by institutions, there is a sizable unexplained component. It is plausible that some factors specific to Mauritius may also have played an important role. Foremost among these was the country's ethnic diversity and how it was managed.

First, some ethnic communities had important links with the rest of the world. The Chinese community, for example, attracted investment by Hong Kong entrepreneurs who sought overseas locations for their textile operations in an attempt to circumvent the textile quotas imposed on Hong Kong. Second, diversity, particularly the separation of economic and political power, helped ensure balance and prevented excessive taxation (by the politically powerful) of the sugar sector (owned by the economic elite), the country's cash cow. Third, diversity played an important role in the development of participatory institutions. Assuaging the misgivings of a large minority that had reservations about independence and were concerned about the possibility of domination by the majority made participatory politics in the post-independence era a necessity. These institutions ensured, in turn, the rule of law and respect for property rights that have made Mauritius attractive to investors. Perhaps, instilling confidence in the Mauritians in "their rights, their votes, the power of their opinions"—a major political achievement—was the key to Mauritius's economic success.

For further details, see Arvind Subramanian and Devesh Roy, 2001,"Who Can Explain the Mauritian Miracle: Meade, Romer, Sachs, or Rodrik?" IMF Working Paper 01/116 (Washington: International Monetary Fund), as well as their chapter in a forthcoming book,Analytical Development Narratives, ed. by Dani Rodrik, to be published by Princeton University Press. The challenges facing Mauritius in the period ahead are discussed in the IMF staff report for Mauritius's 2001 Article IV consultation(IMF Country Report No. 01/77).

05 February 2001

A New Regulatory Framework for the Financial Services Sector in Mauritius

Report of the Steering Committee on the Establishment of a New Regulatory Framework for the Financial Services Sector in Mauritius

Structure of Report and Recommendations

This Report is presented in seven sections.

•Section I summarises previous attempts made to establish a unified regulatory body.

•Section II provides a brief overview of international experience and trends regarding the structures set up for financial sector supervision.

•Section III focuses on the evolution of the financial sector of Mauritius against a backdrop of macroeconomic performance review. It highlights the evolution of employment in the sector, its contribution to GDP and its prospects. It also deals with the current organisational structure and staffing.

•Section IV considers the future shape to be given to the sector on the basis of a SWOT analysis.

•Section V goes to the core of the problem and takes up the arguments for a unified financial regulatory authority. These encompass the mechanism for good governance, accountability, the scope of regulatory powers and responsibilities as well as internal organisational structure of the authority.

•Section VI discusses the possible options to that end and makes proposals on how to propel Mauritius into a viable financial regional hub of international standard. This section includes proposals regarding the structure, staffing, human resources development and legislative framework

•Section VII proposes a phased implementation plan of the main recommendations made.

The main recommendations of the Committee are set out below.

(i) A unified financial regulatory authority, covering both banking and non-banking activities, be established in a phased manner, as follows:

Phase 1. The establishment immediately of a Financial Services Commission.
Phase 2. The eventual integration of the Financial Services Commission with the Bank of Mauritius.

(ii) The Financial Services Commission will be responsible for the licensing, regulation and supervision of all non-bank financial services. It will also be responsible for the protection of the rights of consumers of financial services.

(iii) The Financial Services Commission will take over the duties and functions of the Stock Exchange Commission, the Insurance Division and the Mauritius Offshore Business Activities Authority (MOBAA) as well as the regulation of all presently unregulated activities in the financial sector.

(iv) The Financial Services Commission will be managed by a Board which will be chaired by the Managing Director of the Bank of Mauritius. There will also be a Vice Chairperson and such other members as may be appointed by the Minister.

(v) The Financial Services Commission will facilitate the smooth integration of the onshore and offshore activities.

(vi) An appropriate legal framework is proposed for establishing the Financial Services Commission.

(vii) A Financial Services Advisory Council be established with the objective of giving overall direction and advice towards the development of the financial services sector. The Chairperson and Vice-Chairperson of the Advisory Council will be the Minister of Finance and the Minister responsible for Financial Services respectively. The other members will be the Governor of the Bank of Mauritius, the Chairperson and the Chief Executive of the Financial Services Commission, as well as practitioners from Mauritius and from overseas having an extensive exposure to financial sector development.

(viii) The establishment of a Financial Services Promotion Agency (FSPA) is being proposed as a separate entity. It will act as a one-stop-shop for the development and promotion of the financial services industry. The FSPA will work in close collaboration with the Board of Investment to devise strategies to attract investors to the financial sector of Mauritius. The FSPA will also be responsible for human resource development and keep abreast of technological advances in that sector.

The rationale of the abovementioned recommendations are given out in greater details in the text of the Report.

The Committee believes that the new regulatory structure which will emerge from the implementation of its recommendations will have the following benefits for Mauritius:

• It will go a long way towards making the financial services sector a well regulated sector.

• It will achieve the overall objective of sustaining economic development by the creation of high value-added jobs.

• It will set the right environment for the efficient integration of the financial and capital markets, the onshore and offshore sectors and generate the desirable synergies in the system.