http://www.mcci.org/images/mcci.

png

About The MCCI

History The MCCI, established in 1850, is the oldest non-profit making institution representing the private sector in Mauritius. With the increase in the island's volume of trade during the first decades of British administration, the Mauritian business community felt the need for a formal representational and arbitration framework to foster the interests of the trading community and to settle disputes and conflicts arising in trade-related activities.

The present-day Chamber originally came into being as the 'Chamber of Commerce'. It took on its present name of 'MCCI' in 1965, when the country was moving towards independence and was contemplating the diversification of its economy through appropriate forms of industrial activities.

Since its launching, the MCCI (MCCI) has evolved from a purely representative and consultative body to a dynamic actor in the socio-economic development of the country. Throughout its years of existence, it has constantly striven to carry out its fundamental mission of defending and promoting the vital interests of its Members. It has also set up and developed the organisational

structures capable of providing a wide range of highly professional services.

Furthermore, as the main voice of the Mauritian business community, it has always maintained close links with Government and increasingly contributed to the development process of the country. And just as importantly, it has set up links and affiliations at international level with inter-governmental and private organisations aimed at widening its scope of activities and better promoting Mauritius on the world scene.

As for discussions relating to the development of commercial and industrial activities, the MCCI is regularly solicited and makes submissions directly to representatives of the Government ministries and departments concerned.

RULES OF THE MCCI

This Chamber, formed on the twenty second day of January one thousand eight hundred and fifty and incorporated by ROYAL CHARTER on the twenty fifth day of June one thousand eight hundred and ninety two, is now registered under the Registration of Associations Act 1978.

ARTICLE I Name - Definition - Registered Office - Duration Objectives Powers - Seal ARTICLE II Membership Subscriptions

ARTICLE III Management - Constitution Of The Council -Mode Of Election And Nomination Of The Members Of The Council - Powers Of The Council - Appointment Of Office Bearers - Proceedings At Council Meetings - Register Of Members - Books And Accounts Accounting Year - Discipline ARTICLE IV General Meetings Of Members - Proceedings At Such General Meetings ARTICLE V Execution Of Documents And Signing Of Cheques

ARTICLE VI ARTICLE VII ARTICLE VIII

Legal Actions And Proceedings Inspection Of Books And Accounts Dissolution And Amalgamation

ARTICLE I NAME INTERPRETATION REGISTERED OFFICE DURATION OBJECTIVES POWERS SEAL

1. NAME

The name of the Association is the MAURITIUS CHAMBER OF COMMERCE AND INDUSTRY and is hereinafter referred to as the MCCI.

2. DEFINITION

Unless the context otherwise requires or unless otherwise expressly provided, in these rules and in Regulations made under these rules :-

MEMBER means a member of the Association.

PRESIDENT AND VICE-PRESIDENTmean the President and VicePresident of the MCCI for the time being.

SECRETARY-GENERAL, DEPUTY SECRETARY-GENERAL mean the Secretary General and the Deputy Secretary-General of the MCCI for the time being whose functions and duties are defined in paragraph 8 of Article III of the present Rules.

THE COUNCIL means the Managing Council of the MCCI. ACCOUNTING DATE means the closing date of the accounting period of the MCCI, i.e. the thirty first day of December of each year.

ACCOUNTING PERIOD means the period specified in the present rules for which the statement of receipts and expenditure is to be prepared. Until otherwise determined by the MCCI in General Meeting, the accounting period shall be from the First January to the Thirty First December of each year.

ACT means the Registration of Associations Act no 35 of 1978 together with any regulations issued thereunder and as may be amended from time to time

AFFILIATED ASSOCIATIONS means The Mauritius Chamber of Merchants, The Chinese Chamber of Commerce and The Indian Trader's Association

COUNCIL MEMBER means a member of the Council

GROUP as the meaning ascribed to it under Article II subparagraph 1.4

OTHER BUSINESS SERVICES means any business or activity not included in the 7 other groups

WORDS importing the singular number shall include the plural and vice versa.

WORDS importing the masculine shall include the feminine unless otherwise required by the context.

3. REGISTERED OFFICE

The registered office of the MCCI shall be situated at Port-Louis, 3, ROYAL STREET but may be transferred to such other place as the Council may from time to time decide. Any change of address shall be notified to the Registrar of Associations within one week thereof.

4. DURATION

The duration of the MCCI shall be unlimited.

5. SEAL

The MCCI shall have a COMMON SEAL bearing its name. 6. OBJECTIVES

The objectives of the MCCI are :-

(a) The promotion, and protection of trade, commerce, industry, transport, insurance, banking, tourism and other services in Mauritius.

(b) The promotion, support or making of representations in relation to legislative or other measures affecting the aforesaid interests.

(c) The collection, classification and dissemination of statistical and other information of relevance and interest to all sectors of activities of the Mauritian economy.

(d) The sponsorship of, and assistance in the organisation of fairs and missions which may foster the economic development of the country.

(e) The issuing of certificates in respect of goods which are produced, processed, manufactured in or exported from Mauritius.

(f) The acquisition of movable and immovable property by purchase, donation, legacy or otherwise.

(g) The selling, leasing, exchanging and mortgaging of such property.

(h) The carrying out of surveys.

(i) The organising and running of training courses and seminars.

(j) The provision for arbitration in respect of disputes arising in the course of commerce, industry, tourism, transport or other business matters, and the securing of the services of technical experts and other persons to that end, if necessary or desirable.

(k) The doing of all that may be necessary or conducive to the development of industry, commerce, transport, insurance, banking, tourism, trade and services or incidental to the realisation or attainment of the above objects.

7. The MCCI may form part of any local or foreign federation or association pursuing similar or related objectives.

8. POWERS

Subject to the provisions of the Registration of Associations Act No. 35 of 1978 and/or any Regulations made under that Act or any other Act which may hereafter be enacted, the MCCI shall have the same powers and rights as a natural person and may carry on all such activities as may appear to the Council to be requisite, advantageous, convenient, or conducive to the attainment of its objectives.

Top ARTICLE II MEMBERSHIP SUBSCRIPTIONS

1. MEMBERSHIP

1.1 Membership is open to any professional, companies, corporate bodies, partnerships (socits) and registered associations, provided, in the case of associations, that at least thirty per cent (30%) of the members of the said association are already members of the MCCI.

1.2 The Council may, however, in special circumstances, but at its own discretion, decide, at a majority of at least three quarters of its Members present, to accept as member of the MCCI any Association having a lesser percentage of Members who are Members of the MCCI .

1.3 Members of the MCCI, according to the nature of their business shall be divided into such groups as may from time to time be decided by the Council.

1.4 The Membership of the MCCI is for the time being divided in eight (8) main groups namely Industry, Commerce, Financial Services, Tourism. Logistics, ICT, Property Development and Other Business Services (each referred to as a Group).

1.5 The MCCI shall adopt a code of conduct which may be amended from time to time and shall be deemed binding on each Member of the MCCI.

2. SUBSCRIPTIONS

2.1 The Council shall fix and may, from time to time, but at a majority of at least three quarters of its Members, vary the amount of the annual subscription and for this purpose may divide Members into categories and fix different rates of subscription for different categories and even inside any category.

2.2 A Members subscription for a year shall date form the first January preceding his admission to the MCCI and the Annual Subscription shall be due and payable within a month of his admission Any Member joining after first July shall be liable to only half the annual subscription. Thereafter, a Members annual subscription for each calendar year shall be due as from first January of each year and shall be payable within two calendar months.

2.3 A Member must give to the Secretary-General of the MCCI notice of his intention to retire at least one calendar month before the expiration of the subscription year, otherwise he shall be liable for his subscription for the ensuing year.

2.4 A Member who fails, within thirty days of demand in writing by the Secretary-General to pay subscriptions which are in arrear, shall

lose his right to vote and shall cease to benefit from the services offered by the MCCI. The arrears shall still be a debt to and recoverable by the MCCI. Save as above provided, no fine shall be imposed on any Member of the MCCI. 3. MODE OF APPLICATION TO BECOME A MEMBER

Every application for membership shall be made in writing to the Secretary-General. Every such application together with all necessary information shall be laid on the table of the Council by the Secretary General, at the next ensuing meeting. The Council may accept or reject any application without giving any reason thereof and may also decide to attach to the acceptance of any candidature such special conditions it may think fit. Top ARTICLE III MANAGEMENT CONSTITUTION OF THE COUNCIL MODE OF ELECTION AND NOMINATION OF THE MEMBERS OF THE COUNCIL POWERS OF THE COUNCIL APPOINTMENT OF OFFICE BEARERS PROCEEDINGS AT COUNCIL MEETINGS REGISTER OF MEMBERS BOOKS AND ACCOUNTS ACCOUNTING YEAR DISCIPLINE

1. COUNCIL

1.1 The management of the affairs and business of the MCCI shall be vested in and deputed to a Council which shall not exceed twenty

one (21) members (each a "Council Member") of whom three (3) may be nominated as per sub-paragraph 1.3 and sixteen shall be elected in accordance with sub-paragraph 1.7 and paragraph 2 below.

1.2 Members of the Council shall be nominated, elected or coopted.

1.3 Each Affiliated Association shall nominate one representative as Council Member so long as the Affiliated Association is a member of the MCCI.

1.4 The Secretary of each of the Affiliated Associations shall, within three months after the present Rules have been adopted, forward a copy of its Rules to the Secretary-General of the MCCI. Furthermore, he shall each year, not later than the last day of February forward the following information to the Secretary-General in writing :

the name of the person nominated by the Affiliated Association to represent the latter on the Council

the names of the office bearers of the Affiliated Association and the date of their appointment

 the name of the members of the Affiliated Association as at the date of its last Annual General Meeting

documentary evidence to the effect that the Affiliated Association is duly registered with the Registrar of Associations

any change that may have been brought to its Rules.

Any Affiliated Association not complying with the above shall not be entitled to representation on the Council.

1.5 Any of the said associations may at any time revoke and/or replace any person nominated by it giving advice of such revocation and/or replacement to the Secretary-General of the Chamber in writing.

1.6. Any seat reserved for nominated members and which is vacant for any reason whatsoever, and which has not been filled in by the Affiliated Association which is entitled to do so within THIRTY days after such vacancy occurs, may be filled in by the Council through nomination of a co-opted member.

1.7 A maximum of SIXTEEN (16) Council Members shall be elected by the Annual General Meeting of the MCCI.

1.8 The Council, at its own discretion, may in each year coopt a maximum of two Members to sit on the Council. It may also, in case of vacancy, coopt Members to fill in such vacancies. 2. MODE OF ELECTION OF THE MEMBERS OF THE COUNCIL BY GENERAL MEETINGS

2.1 The Membership of the MCCI is for the time being divided into eight main Groups; candidates for the seats of elected Council Members shall be chosen as follows:

FOUR from the Industry Group FOUR from the Commerce Group TWO from the Financial Services* Group ONE from the Tourism Group ONE from the Logistics** Group ONE from the ICT Group ONE from the Property Development Group TWO from the Other Business Services Group *Financial Services shall include, without limitation, Insurance and Banking; and **Logistics shall include, without limitation, Transportation & Related Services.

2.2 For election purposes two Open Seats may be allocated by the Council to co-opted members representing such specific sectors or associations as the Council deems appropriate. The co-opted members shall have the same voting rights as the other Council Members

2.3 If there are not sufficient candidates or if there is no candidate to be elected for any seats reserved for any group, then the vacant seats may in any year be filled in by the Council through nomination of coopted Members.

2.4 Subject to the termination of the current mandates, as from of the adoption of the present rules the elected Council Members shall hold office for two (2) years from the date of election up to the conclusion of the Annual General Meeting convened for the purpose of electing Council Members. By derogation to the above, the existing Council Members shall remain in office till the next election.

2.5 The coopted Members shall hold office from the date of nomination up to the conclusion of the next General Meeting convened for the purpose of electing Council Members.

2.6 All the Members of the Council are eligible for re-election or renomination.

2.7 If in any year a member has been co-opted by the Council to fill in any seat scheduled to be occupied by a member to be elected at an Annual General Meeting and that the latter, in any succeeding elections, decides to elect one of its number to occupy this seat, the then elected member shall be considered, for the purpose of rotation, to have been elected at the time the Council has coopted a member to occupy such seat, provided such nomination by the Council has not been made during two (2) consecutive years.

2.8 The functions of the Members of the Council shall be honorary.

3. POWERS OF THE COUNCIL

The Council may exercise all such powers and do all such acts and things as the MCCI is, by Article 1 of these Rules or otherwise, authorised to exercise and do, and that are not directed or required hereby or by the Registration of Associations Act No. 35 of 1978 and/ or any Regulations made thereunder, to be exercised or done by the MCCI in General Meeting or by Special Resolution at General Meetings.

4. APPOINTMENT OF OFFICE BEARERS

4.1 The Council shall, as soon as practicable after each Annual General Meeting, hold a meeting of its Members, at which a President and a Vice-President of the MCCI shall, either by ballot or by show of hands, be appointed from among their number for a period of one year. At the beginning of such a meeting, Members of the Council present shall elect from among their number, a Chairman of the meeting who, for the purpose of the above election, shall have an original and also, in case of equality of votes, a casting vote.

4.2 The Council shall have power to employ and dismiss : (i) a Secretary-General, who shall be the Chief Executive Officer of the MCCI, and (ii) a Deputy Secretary-General. It may also engage professional assistance and pay to all persons so employed such remuneration as it may deem fit.

4.3 The Council may delegate its above powers to a sub-committee of the Council constituted at least of four Members including the President or the Vice-President. 5. MEETINGS OF THE COUNCIL

5.1 The Council shall meet at least once every two months at such place and time as it shall decide.

5.2 The Council shall also be convened at any time by the SecretaryGeneral or Deputy Secretary-General on instructions from the President, or, in his absence, from the Vice-President or in the absence of both the President and the Vice-President, from three Members of the Council. The agenda shall specify the purpose for which the meeting is to be convened.

5.3 The Secretary-General shall convene a meeting of the Council upon receipt of a written request to that effect, from at least three Members of the Council and the meeting shall be held within fifteen days of such request. Should the Secretary-General or Deputy Secretary- General fail to convene the meeting on the expiry of the fifteen days mentioned above, the requisitionists may themselves convene the meeting.

5.4 The quorum for any meeting of the Council is one third plus one of the total number of Members.

5.5 If within half an hour from the time appointed for the commencement of the meeting a quorum is not present, the meeting, if convened upon the requisition of Members, shall be dissolved. In any other case, it shall stand adjourned to the same day in the next week, at the same time and place, provided such day is a working day. Otherwise it shall be held on the next following working day or to such other day and at such other time and place as the Members of the Council may determine. If at the adjourned meeting a quorum is not present within half and hour from the time

appointed for the commencement of the meeting, the Members present shall constitute a quorum, whatever their number.

5.6 The President, or, in his absence, the Vice-President shall preside at all Meetings of the Council. In the absence of both the President and the Vice-President, the Members shall choose among themselves a President for the meeting and that President shall exercise all the powers and rights of the President of that meeting. All decisions of the Council shall, save as otherwise specifically provided, be taken by a simple majority of votes of the Members present. Each member shall have one vote. The President or member presiding the meeting shall, if the votes are equally divided have a second or casting vote. The ruling of the President on all questions of procedure shall be accepted as final. 6. SUB AND SPECIAL COMMITTEES

6.1 The Council may appoint such sub-Committees as it may deem necessary. It may appoint on such Committees any representatives or delegates of Members, with full power to act and vote on such Committees. It may also appoint on such Committees any person or persons, whether Members of the MCCI or not, whom it may think desirable, with full power to speak and vote. No person, whether a Member of the MCCI or not, shall be appointed simultaneously in more than two such Committees.

6.2 Any number of Members who may desire to associate themselves in a Special Committee, with the view to representing more effectually the interests of any particular sector of economic activity may address a request to that effect to the Council and the latter may thereupon authorise the formation of such Special Committees.

6.3 Members of the Council representing particular sectors shall be entitled to sit as ex officio Members on any Special Committees concerning their sector.

6.4 The Council may, by resolution passed by a two-thirds majority of its Members present and voting, dissolve or (in such manner as the Council may think fit) reconstitute any Special Committee.

6.5 The Chairman or any Member deputed by any Special Committee shall be entitled to bring any matter relating to his sector or activity to the special attention of the Council.

6.6 No resolution of any Special Committee likely to affect or to diverge from the general policy of the MCCI shall be binding upon the latter until and unless confirmed by the Council.

6.7 The Special Committee shall meet at such place and at such intervals as the Chairman of such Special Committee shall determine

except in case of urgency, when not less that five days notice of such meetings shall be given by the Secretary-General who shall convene then upon request of the Chairman of such Special Committees. 6.8 The constitution and proceedings of Special Committees shall be regulated by rules to be embodied in bye-laws.

7. THE PRESIDENT

The President shall

a) preside over all Council Meetings and all General Meetings of Members and be responsible for the conduct of business at such meetings;

b) put any motion from Members to the vote and declare the result;

c) submit to the Annual General Meetings, through the Council, a report on the work of the MCCI during the preceding Accounting period, accompanied by the accounts duly audited in the manner and form laid down in Sections 20, 21 and 22 of the Registration of Associations Act No. 35 of 1978;

d) In consultation with the Secretary-General, superintend the general administration of the affairs of the MCCI and endeavour to

secure full compliance with the MCCIs Rules, with the provisions of the Registration of Associations Act No. 35 of 1978 and the Regulations made thereunder. 8. THE SECRETARY-GENERAL

The Secretary-General shall

a) with the approval of the President, convene the Members of the MCCI to any General or Extraordinary or Special General Meetings by ordinary or registered mail (as may be decided by the Council), posted so as to reach the Members at least FOURTEEN DAYS before the meetings, except in case of urgency (of which the President shall be the sole judge) where the delay of convocation may be shortened to five days. In case of Annual General Meetings or in case a Special Resolution is to be proposed, the Secretary-General shall also convene the Members of the MCCI by a notice published in a daily newspaper approved by the Registrar not less than fourteen days before the date of the Meeting;

b) convene the Members of the Council of the MCCI as indicated in paragraphs 6.2 and 6.3 of the present Article III by means of letters posted at least five days before the meeting. In case of urgency (of which the President shall be the sole judge) the Council Meeting may be called at shorter notice;

c) conduct the business and affairs of the MCCI in accordance with these Rules and the provisions of the Registration of Associations Act No. 35 of 1978 and any Regulations made under this Act;

d) carry out the instructions of the Council;

e) attend all Meetings of the Council, Committees and General Meetings and record the Minutes of proceedings thereof;

f) attend to the correspondence of the MCCI;

g) keep an inventory of all the assets and properties of the MCCI;

h) keep in his custody all the books, accounts and vouchers of the MCCI. The Secretary-General shall also keep in his custody all the records and unused receipt books, the registers, deeds and other documents relating to the MCCI and the minute books of the Council and of the Committees, and of General Meetings;

i) forward to each member of the MCCI a copy of the annual accounts and the Auditors report thereon;.

j) collaborate with the President in the preparation of the Annual Report of the work of the MCCI for the preceding accounting year, for submission to the Annual General Meeting;

k) keep an up-to-date Register of Members and communicate such Register to any interested party on request;

l) comply in all respects with the requirements of the Registration of Associations Act No. 35 of 1978 and of the Regulations made thereunder;

m) allow any member, whose subscription is not in arrear, to inspect all books of the MCCI in his custody and possession;

n) represent the MCCI within Mauritius and overseas and use his best endeavours to further the influence and standing of the Association;

o) implement the annual work programme of the MCCI;

p) recruit and dismiss, in consultation with the President, and, in the latters absence, with the Vice-President, the Staff Members of the MCCI.

8.1 In the absence of the Secretary-General, his duties shall be discharged by the Deputy Secretary-General.

8.2 In the absence of the Secretary-General and the Deputy Secretary-General at any meeting of the Council or of any Committee or General Meeting, any member may be appointed by the Council or the Committee or by the General Meeting, as the case may be, to act as Secretary of that Meeting.

8.3 The Minutes of Proceedings of all Meetings of the Council, and of all General Meetings of Members shall be signed by the President, or, in his absence by the Vice-President, and by the SecretaryGeneral or Deputy Secretary-General or any other person appointed to act as such. In the case of Committees, they shall be signed by their respective Chairman and by the person appointed to act as Secretary of the Committee.

8.4 The Minutes of Proceedings of Meetings of the Council, or of every Committee, and of General Meetings shall be confirmed at the next subsequent meeting.

8.5 A copy or extract of such Minutes duly signed by the President, or the Vice-President, and by the Secretary-General, or the Deputy Secretary-General shall be received as conclusive evidence of all the matters therein contained.

9. THE AUDITOR

9.1 No person other than a qualified accountant or a firm of qualified accountants shall be appointed Auditor of the MCCI.

9.2 The Auditor shall be appointed at the Annual General Meeting of the MCCI and his remuneration or charges shall be fixed by the Annual General Meeting.

10. SECURITY

The President, the Vice-President, the Secretary-General and the Deputy Secretary-General shall, before taking up their duties, each furnish two sureties in the sum of ONE THOUSAND RUPEES approved by the Registrar of Associations. Each surety shall be bound with his principal, jointly and in solido, for the due fulfilment by his principal, of his duties under the present Rules and as prescribed by the Registration of Associations Act No. 35 of 1978 and the Regulations made thereunder. A similar security may be required by the Council from any officer of the MCCI.

11. REMOVAL OF MEMBERS OF COUNCIL

11.1 The Council may remove from office or suspend any of its Members, for such period as it may think fit and proper if such member

a) has been absent from three consecutive meetings without special leave from the Council;

b) has become insolvent or has assigned his estate for the benefit of his creditors, or has made an arrangement with his creditors;

c) has been guilty of such misconduct or default or breach of trust in the discharge of his duties as a member of the Council or otherwise as, in the opinion of the Council, renders him unfit to be, or continue to be, a member of the Council;

d) has been convicted of an offence of such a nature as, in the opinion of the Council, renders it desirable that he should be removed from office;

e) is suffering from such mental or physical infirmity as, in the opinion of the Council, renders him unfit to discharge his duties as a member of the Council.

11.2 Any Member of the Council who has been revoked or suspended under the preceding sub-paragraphs, who is aggrieved by, or dissatisfied with, a decision of the Council may, within eight days of the notification to him of such decision appeal either to an Appeal Board consisting of Five Members elected every three years (any three of them constituting a quorum) at the Annual General Meeting of the MCCI and chosen from amongst past Presidents or from past Council Members of the MCCI or to the General meeting of the Members of the MCCI against such decision and to have it quashed, reversed, set aside, amended or otherwise dealt with as the Appeal Board of the General Meeting, as the case may be, shall deem just and proper.

11.3 Provided that if the member or the Council is aggrieved or dissatisfied with a decision of the Appeal Board, either of them shall always have the right to appeal to the General Meeting of the Members of the MCCI and the decision of the General Meeting shall, in all cases, be final and without further appeal.

11.4 The Notice of Appeal of the dissatisfied member or of the Council shall be addressed by registered post, with advice of delivery to the Secretary-General at the registered Office of the MCCI.

11.5 The Council may, at any time, appoint any member of the MCCI to fill a casual vacancy occurring amongst its Members.

11.6 Any Member so appointed shall hold office only until the following Annual General Meeting.

11.7 If the vacancy has occurred amongst the elected Members, the Annual General Meeting may, at the meeting convened to replace Members retiring by rotation, elect one member to fill the seat previously occupied by a member elected by it, provided that such newly elected member shall retire by rotation as if he had been elected originally to occupy this particular seat.

12. REMOVAL OF MEMBERS OF THE MCCI

12.1 The Council may remove any member of the MCCI if

a) his conduct, in the opinion of not less than two thirds of the Members of the Council present and voting at the meeting, has been found prejudicial to the interests of the MCCI;

b) he has failed to pay his yearly subscription within twelve months after it has become due.

12.2 The Secretary-General shall, not less than fourteen days before the meeting of the Council at which a decision is to be taken

regarding a members conduct or failure by him to pay his subscription as above, give notice thereof to the member by registered post at his last known address and informing him that he may, either personally or in writing, submit any explanation regarding the matter complained of.

12.3 A member dissatisfied with the decision of the Council to erase his name from the Register of Members shall, within one month of his having been notified of the Councils decision, have the right to appeal to the Appeal Board or to a General Meeting against such decision to have it quashed, reversed, set aside, amended or otherwise dealt with as the Appeal Board of the General Meeting, as the case may be, shall deem just and proper.

12.4 Provided that if the member of the Council is aggrieved or dissatisfied with a decision of the Appeal Board, they shall always have the right to appeal to the General Meeting of the Members of the MCCI and the decision of the General Meeting shall in all cases be final and without further appeal.

12.5 The notice of appeal of the dissatisfied party shall be made in writing and addressed by registered post with advice of delivery to the Secretary-General at the registered office of the MCCI.

13. ACCOUNTING PERIOD OR FINANCIAL YEAR

13.1 The Accounting period of the MCCI shall, until otherwise changed or altered by an Annual General Meeting, end on the thirty first December of each year. The Secretary-General shall cause to be prepared a statement of the receipts and expenditure, together with a duly audited balance sheet showing the financial situation of the MCCI and all the other matters set out in paragraph 8(c) of this Article III for submission to the Council not later that the twenty eighth February immediately following each Accounting Date.

13.2 Such report and accounts shall be laid before the Annual General Meeting of the MCCI not later than three months after each Accounting Date.

14. COLLECTION AND APPLICATION OF FUNDS

14.1 It shall be lawful for the MCCI acting as aforesaid, to raise, collect and receive by all legal and authorised ways and means, monies, funds, subscriptions, to receive and accept donations, legacies and to hold by way of purchase, donation or legacy, property, real and personal, of any kind or nature whatsoever for the benefit of the MCCI.

14.2 The income and property of the MCCI howsoever derived, accrued and received shall be applied solely for the promotion of the

objectives of the MCCI and no portions thereof shall be distributed or transferred by way of dividend or bonus to Members of the Association. Top ARTICLE IV GENERAL MEETINGS OF MEMBERS PROCEEDINGS AT SUCH GENERAL MEETINGS

1. GENERAL MEETINGS

1.1 An Annual General Meeting of the MCCI shall be held every year not later than three months after the end of its accounting period.

1.2 Special General Meetings of the MCCI shall be held when required by the Council or when requisitioned by not less than one tenth of the Members of the MCCI whose subscriptions have been paid at the date of the requisition.

1.3 Such Annual General Meeting and such Special General Meeting shall be held on such date and at such time as the Council shall decide. In case a Special General Meeting is requisitioned to be held by one tenth of the Members of the MCCI, such requisition shall be forwarded by registered post with advice of delivery to the Secretary-General and if the Secretary-General has failed to call such meeting within twenty one days from the delivery of such request,

the Special General Meeting may then be called by the requisitionists themselves and shall be held at such place, on such date and at such time as shall be indicated in the notice convening such meeting.

1.4 The agenda of an Annual General Meeting shall specify the matters set out in Section 28 (2) of the Registration of Association Act No. 35 of 1978 i.e. that

(i) the meeting is convened as an Annual General Meeting; and (ii) the matters to be considered will include :

I the statement of Accounts of the MCCI prepared in conformity with the provisions of Section 20 (2) of the Registration of Associations Act No. 35 of 1978; and

II when appropriate, the election of Members of the Council and of the Appeal Board and the appointment of an Auditor;

III Any motion presented by a Member may be discussed at a General Meeting. The text of this motion shall be addressed, by registered post with advice of delivery, to the Secretary-General at least 21 days before the date fixed for the Annual General Meeting. Every member who wishes to be a candidate to any particular seat

on the Council shall likewise give notice of his candidature in the manner above prescribed.

1.5 The agenda of a Special General Meeting shall specify the matters to be debated at that Meeting.

2. PROCEEDINGS AT SUCH GENERAL MEETINGS

2.1 The business of the Annual General Meetings shall be the consideration and adoption of the Annual Report of the Council, of the Statement of Accounts including a Statement of all Receipts and Expenditure of the MCCI in respect of the Accounting Period and of the assets and liabilities of the MCCI existing on the Accounting Date, in conformity with the provisions of Section 20, 21and 22 of the Registration of Associations Act No. 35 of 1978 and of the Regulations made thereunder. The Statement of Receipts and Expenditure shall be as near as may be to the form set out in the Fourth Schedule of the Registration of Associations Regulations No. 50 of 1979. The Annual General Meetings shall also consider the Auditors Report and appoint a duly qualified Auditor for the next financial year and shall fix his remuneration. The Annual General Meetings shall also :

1) elect such Members of the Council to the posts that have to be filled in and for such term as may be required;

2) elect the Members of the Appeal Board and shall;

3) transact such other business as pertains to Annual General Meetings.

2.2 The President or any member of the Council or ten per cent of the number of Members entitled to vote may submit at any such Annual General Meetings a resolution which may legally be proposed and debated at the said Meetings, provided that the text of the proposed resolution be handed over in writing to the SecretaryGeneral three clear days before the meeting.

2.3 All other matters or business related to the MCCI shall be considered and dealt with at Extraordinary or Special General Meetings. The President or at least ten per cent of the number of Members of the MCCI who are entitled to vote may submit a resolution on any special matter connected with the MCCI to be debated and voted on at an Extraordinary or Special Meeting provided that notice of the proposed resolution be given in writing, signed by the President or by all the proposers as the case may be to the Secretary-General and the latter shall thereupon call the Extraordinary or Special Meeting as set out in paragraph 9 (a) of ARTICLE III.

2.4 All questions to be decided at General Meetings shall be decided by a simple majority of Members voting in person or by proxy. The President or the Vice-President or the Member presiding the meeting shall, if the votes are equally divided have a second or casting vote.

2.5 The instrument appointing a proxy shall be in writing under the hand of the principal or of his attorney, duly authorised in writing, or if the principal is a Corporation or a body corporate, by the person or persons duly authorised to sign on its behalf. A proxy shall be a member or a nominee of a member of the MCCI.

2.6 The notice convening a General Meeting of the MCCI shall state that a Member entitled to attend and vote at the meeting is entitled to appoint a proxy to attend and voter in his stead and that a proxy need be a member or a nominee of a member of the MCCI and further, that a proxy cannot represent more Members than the number prescribed by law.

2.7 The instrument appointing a proxy and the power of attorney or other authority, if any, under which it is signed and executed or a notorially certified copy of that power of attorney or authority shall be deposited with the Secretary-General or Deputy SecretaryGeneral at least twenty four hours before the time of holding of the meeting or adjourned meeting at which the person named in the instrument proposes to vote.

2.8 An instrument appointing a proxy shall be in the following form or a form as near thereto as circumstances admit: THE MCCI (address)

I/We .. of... being a Member of the Mauritius Chamber of Commerce and Industry hereby appoint ...., of as my agent and proxy to vote for me and on my behalf at the (Annual or Extraordinary, as the case may be) General Meeting of the MCCI to be held on the.... day ofor at any adjourned meeting thereof.

Date:. Signature/s:...

2.9 A declaration of the President of the meeting that a resolution has been carried or lost shall be conclusive evidence thereof. A majority of the Members present or represented by their proxies may however require that a secret ballot be taken and in such a case the result of the secret ballot shall be conclusive unless it is proved that there has been an irregularity in the taking or result of the ballot. The ruling of the President on all questions of procedure shall be taken as final.

2.10 The quorum at General Meetings shall be not less than ONE THIRD of the Members having the right to vote either present or represented.

2.11 If within half an hour from the time appointed for the commencement of the meeting a quorum is not present, the meeting if convened upon the requisition of Members shall be dissolved. In any other case, it shall stand adjourned to the same day in the next week at the same time provided such day is a working day; otherwise to the next following working day or to such other day and at such other time and place as the Members of the Council may determine. If at the adjourned meeting a quorum is not present within half an hour from the time appointed for the commencement of the meeting, the Members present shall constitute a quorum, whatever their number.

2.12 No member shall have the right to vote unless at the time of the vote his subscriptions have been paid to date.

Top ARTICLE V 1. EXECUTION OF DOCUMENTS AND SIGNING OF CHEQUES

1.1 All deeds, instruments, contracts and other documents shall be deemed to be duly executed by or on behalf of the MCCI if signed by the President or the Vice-President and by the Secretary General or Deputy Secretary-General and the MCCI shall be bound by these two signatures.

1.2 Cheques drawn on any bank or banking account, and all negotiable and transferable instruments, postal orders and Government payable orders drawn or endorsed in the name of the MCCI shall be signed or endorsed by the President or the VicePresident and by the Secretary-General or Deputy Secretary-General and the MCCI shall be bound by these two signatures.

1.3 All banking accounts, fixed deposits and savings accounts opened or established in the name of the MCCI, shall be operated by the Council and all cheques drawn on these accounts or withdrawals from any of these accounts or deposits shall be signed by the President or the Vice-President and by the Secretary-General or Deputy Secretary-General and the MCCI shall be bound by these two signatures. All payments or deposits made into any one of these accounts may be made by the Secretary-General or the Deputy Secretary-General. Top ARTICLE VI 1. LEGAL ACTIONS AND PROCEEDINGS

1.1 The MCCI shall act, sue and be sued, implead or be impleaded under its corporate name, represented by its Secretary-General.

1.2 Service of process on the Secretary-General in respect of any notices, actions, pleadings and proceedings either judicial or extra judicial shall be good and valid service on the MCCI. Top ARTICLE VII INSPECTION OF BOOKS AND ACCOUNTS

Any Member, whose subscription is not overdue, may apply to the Secretary-General for leave to inspect the Books and/or Accounts of the MCCI in his custody and possession and the Secretary-General shall comply with such request. Top ARTICLE VIII DISSOLUTION AND AMALGAMATION

The MCCI may be dissolved, wound up or amalgamated in the form and manner prescribed by sections 16 and 17 of the Registration of Association Act No. 35 of 1978 and/or any Regulations made thereunder. The above Rules have been adopted at a Extraordinary General Meeting held on March 24, 2011.

Organization
2012-2013 Council Members PRESIDENT
Mr. Cdric De Spville (Industry Group) Avipro Co. Ltd. Gentilly Moka OTAM c/o The MCCI 3, Royal Street Port-Louis

VICE-PRESIDENT
Mr. Ganesh Ramalingum (ICT Group)

A. INDUSTRY GROUP Mr. Vincent de Labauve dArifat Association of Mauritian Manufacturers C/o The MCCI 3, Royal Street Port-Louis Mr. Sbastien Mamet Harel Frres Ltd. 18, Edith Cavell Street Port Louis Mr. Marday Venkatasamy Filao Lte. Public Road Riche Terre

B. COMMERCE GROUP Mr. Marc Ah Ching Rogers & Co. Ltd. 5, President John Kennedy Street Port-Louis Mr. Nicolas Merven Ireland Blyth Ltd. IBL House Caudan Port-Louis Mrs. Helne Echevin Pick N Eat Gentilly Moka Mr. Kiran Juwaheer VIVO Energy Mauritius Ltd. Cemetery Road Roche Bois

C. FINANCIAL SERVICES GROUP Mr. Mohammad Ashraf Esmael Mrs. Aisha Timol The Mauritius Leasing Mauritius Bankers Association Company Ltd. Level 15, Newton Tower 25, Pope Hennessy Street Sir William Newton Street

Port-Louis D. TOURISM GROUP Mr. Jocelyn Kwok Association des Hteliers et Restaurateurs - Ile Maurice (AHRIM) 5th Floor, Barkly Wharf Port Louis E. LOGISTICS GROUP Prof. Donald Ah Chuen Union Shipping Ltd. 2nd Floor, ABC Centre Military Road Port-Louis F. PROPERTY DEVELOPMENT GROUP Mr. Purusram Ujoodha Shandi Estateman Co. Ltd. Ofiice 102,1st Floor, Sterling House 9 -11, Lislet Geoffroy Street Port Louis

Port-Louis

G. OTHER BUSINESS SERVICES GROUP Mrs. Patricia DayMrs. Anuradha Appadoo Hookoomsing Association Mauricienne des Consultancy Co. Ltd. 1st Floor, Regency Square Femmes Chefs dEntreprise 4 Cnr. Conal & Mc. Irvine c/o Dale Carnegie Training Streets 26, Corner Capucines and Beau Bassin

Goyaviers Quatre-Bornes

AFFILIATED ASSOCIATIONS (Permanent Seats) Mr. Shehzad Ahmed Mrs. N. Sunassee Mauritius Chamber of Indian Traders Association Merchants c/o S. Sunassee c/o Abdullasonco Ltd. Sir William Newton Street Louis Pasteur Street Port-Louis Port-Louis IN ATTENDANCE Mr. Raj Makoond Joint Economic Council Plantation House Port-Louis Mr. Azad Jeetun Mauritius Employers Federation MEF-MCCI Building Ebene Cyber City Ebene

Mr. Kwet Cheong Li Kwong Ken Chinese Chamber of Commerce Suite 206, Jade Court Jummah Mosque Street Port Louis

CO-OPTED MEMBERS

Mr. Sanjiv Mihdidin Real Estate Association (Mauritius) Ltd. 5, President John Kennedy Street Port-Louis

Functions
Represent its Members and submit views and proposals to the authorities on their behalf Maintain structured forms of dialogue with the public authorities Participate in the elaboration of strategies and policies meant to enhance the economic and social development processes of the country Encourage and facilitate interaction of its Members with the public authorities in Mauritius and business organisations abroad Collect, analyse and disseminate information to its Members Encourage investment, productivity and improvements in technology in the country Promote trade in goods and services Organise training activities in the fields of information technology and international trade Initiate cooperation and affiliation programmes and other links with international organisations meant to further the interests of its Members and the business community as a whole.

The Future
Alongside its fundamental role which is the defence of the interests of its Members, the MCCI is poised to take up the challenges arising from the twin movements of globalisation and regionalisation. Not only is it fully aware of the present transitional dimension of international business relations, but it has already anticipated the implications and short-term consequences of such evolutionary process.

Through its long-standing experience and credibility in Mauritius, its increased role in the Eastern and Southern African regions, the MCCI aims at the further development of the range and scope of its functions and services, and in fully meeting its objectives in years to come. As a core private sector institution on the Mauritian business scene since 1850, it is determined to pursue its mission in favour of free enterprise, enhanced standards of living and economic democracy.

Procedures for Imports

Registration and Customs Formalities Import Permit Incoterms (International Commercial Terms) Clearing and Forwarding International Terms of Payment Useful Websites

Registration and Customs Formalities The following registration procedures should be completed by all importers:

Registrar of Companies Any person wishing to import goods on a commercial basis must hold a Business Registration Card from the Companies Division.. MRA Registration with the Mauritius Revenue Authority is compulsory for companies with an annual turnover exceeding Rs. 2 million.

Customs All importers must be registered with the Customs Department. On arrival of a consignment, a company must complete Customs formalities which consist in submitting a Customs Declaration (also called Bill of Entry) electronically through the Tradenet System giving all details of the goods imported such as the quantity, value and precise nature of the goods. An importer may use the services of a Freight Forwarding/Clearing Agent or a Customs Broker for the Customs formalities and the clearing of goods. Any person who is a registered user of the TradeNet system may also submit the Customs declaration.

A list of Freight Forwarding Agents can be obtained at: www.aptmauritius.com A list of Customs House Brokers can be obtained at: www.customshousebrokers.com The TradeNet System can be accessed through: http://mns.mu/tradenet-trade-facilitation.php Main Documents for Import The following documents are required at importation: Invoice indicating the FOB and/or CIF value of goods Packing list Bill of lading / Airway bill Bill of entry

Insurance certificate (if applicable) Certificate of inspection (if applicable) Certificate of origin (if applicable) Other documents (required by government agencies (e.g health, agriculture and veterinary services) Invoice - an invoice is a commercial document issued by a seller (exporter) to the buyer (importer), indicating the products, quantities, weight and agreed prices for products or services the seller has provided the buyer.

Packing list - A packing list is prepared by the exporter and it commonly includes all the details of the package contents, number of packages, carton numbers, net weight and gross weight and may or may not include customer pricing. Bill of Lading - A Bill of Llading (sometimes referred to as a BOL,or B/L) is a document issued by a carrier, e.g. a ship's master or by a company's shipping department, acknowledging that specified goods have been received on board as cargo for conveyance to a named place for delivery to the consignee who is usually identified. Bill of entry - a Bill of entry also known as the Single Goods Declaration is the electronic declaration accepted and assigned with a number by the Customs Department. It is a proof that goods have been received for export and/or import.

Insurance certificate (if applicable) - An insurance certificate is a representation of the insurance policy taken out by the importer or the exporter (depending on the Incoterms) for a shipment.

Certificate of inspection (if applicable) - A certificate of inspection is required by some importers and/or importing countries. It is sometimes also refered to as the "Pre-shipment Inspection" (PSI) certificate and is issued by an independent third party confirming the buyer's specifications, quantity and value of goods prior to shipment. Certificate of Origin - The Certificate of Origin indicates the country in which the goods are manufactured. There are two types of certificates of origin: Non-preferential Certificate of Origin attests the origin of the products and do not confer any tariff preferences. Preferential Certificate of Origin attests that the goods originate from a country with which a trade agreement has been signed and the goods are eligible for tariff preferences. The following certificates of origin are accepted by Customs Department and goods are granted preferential access: COMESA certificates of origin SADC certificates of origin IOC Certificates of origin Pakistan-Mauritius PTA Certificate of origin

Local Trade Legislation

1. Act

The Consumer Protection (Price and Supplies Control)

This Act makes provision for the control of trading practices and prices in Mauritius and grants powers to the Minister to control prices of goods specified in the First Schedule.

Consumer Protection (Price and Supplies Control) Act 1998 The Consumer Protection (Consumer Goods) (Maximum Price) Regulations 1998 The Consumer Protection (Consumer Goods) (Maximum MarkUp) Regulations 1998 The Consumer Protection (Consumer Goods) (Maximum Recommended Retail Price) (Code of Practice) Regulations 2008 Consumer Protection (Export Control) Regulations 2000 Consumer Protection (Control of Imports) Regulations 1999 List of products requiring an import permit (First Schedule) List of products prohibited for imports (Second Schedule)

Consumer Protection (Scrap Metal) Regulations 2007 Laser Pointers (Safety) Regulations 2007 Plastic and Polyethylene Pipes and Fittings (Mauritius Standard Specifications) Regulations 2007 The Consumer Protection (Trade Fair and Exhibition) Regulations 2003 Consumer Protection (Importation and Sale of Second-hand Motor Vehicles) Regulations 2004 Toys (Safety) Regulations 1994

2.

The Fair Trading Act

This Act makes provision with respect to measures to ensure fair trading in Mauritius and the prevention of practices that mislead or confuse consumers. The Act prescribes rules of fair trade and empowers the Minister to: (a) appoint technical committees; (b) to make Regulations for the purpose of this Act and for the purpose of regulating consumer trade practices; and (c) to issue compulsory codes of practice.

Fair Trading Act 1979 Commodities (Indication of Origin) Regulations 1981 Pre-packaged Food Regulations 1989

Steel Bars and Steel Wires (Mauritian Standard Specifications) Regulations 1988

3.

The Legal Metrology Act

This Act provides for standards of measurement of goods placed on the market in Mauritius and the labelling of such goods in accordance with standards provided.

Legal Metrology Act 1985 Legal Metrology (Pre-packed Commodities) Regulations 2006

4.

The Competition Act

The object of this Act is to establish the legal framework for the control of restrictive business practices with a view to enhancing competition in Mauritius through measures designed to promote efficiency, adaptability and competitiveness in the economy for the end purpose of widening the range of customer choice in obtaining goods and services at a fairer and more competitive price.

Competition Act 2007

5.

The Customs Act

The Customs Act 1998 establishes the legal framework for the collection and management of customs duties, excise duties and taxes. The Act also provides for the inspection of goods at clearing and in bonded warehouses.

Customs Act 1988 Customs Regulations 1989 Excise Act 1994 Customs (Cargo Community System) Regulations 2008 Customs (Movement Certificate EUR 1) Regulations 2005 Customs (Computer Document) Regulations 1994 The Customs (Use of Computer) Regulations 1997

6.

The Value Added Tax Act

The Customs Act provides for the replacement of the sales tax on goods by a value added tax on goods and services. The Act establishes the legal framework for the administration of the value added tax and its modes of payments and returns.

The Value Added Tax Act 1998 The Value Added Tax Regulations 1998 The VAT (Solidarity Levy) Regulations 2006

Trade Agreement

COMESA
The Common Market for Eastern and Southern Africa (COMESA) which is currently a Free Trade Area (FTA) was established in 1994 with the objective of being a fully integrated, internationally competitive regional economic community with high standards of living for its entire people ready to merge into an African Economic Community.

COMESA (Group I) FTA Member States

Burundi Comoros Djibouti Egypt Kenya

Madagascar Malawi Mauritius Rwanda Sudan Zambia Zimbabwe

COMESA (Group II) Non-FTA Member States

Angola Republic of Congo Eritrea Ethiopia Seychelles Swaziland Uganda

FACTS & FIGURES (2010)

Area (km2) Population 12 Million + 400 Million

Total GDP US $ 406 Billion

Per Capita US $ 1,811

Imports US$ 96 Billion

Exports US $ 105 Billion

COMESA FREE TRADE AREA

The COMESA Free Trade Area (FTA) was launched on 31 October 2000. Member states that belong to the FTA trade on a duty-free basis among themselves provided that the goods meet the COMESA rules of origin. There are currently twelve countries that form part of the FTA (Group I Member States): Burundi, Comoros, Djibouti, Egypt, Kenya, Madagascar, Malawi, Mauritius, Rwanda, Sudan, Zambia, Zimbabwe. All these countries trade on a duty-free and quota-free basis. Member states which are not in the FTA (Group II Member States) either grant partial tariff reduction or do not offer any tariff reduction.
COMESARules of Origin

The COMESA Rules of Origin are a set of criteria that distinguish between goods produced within the COMESA Member States and are entitled to duty-free or preferential treatment with respect to customs duties.
Rules of Origin Criteria

The goods should be wholly produced or obtained in a Member State; or The goods should be produced in the Member States and the CIF value of any foreign materials should not exceed 60% of the total cost of all materials used in their production; or The value added resulting from the process of producing the goods from imported materials should account for at least 35% of the ex-factory cost of the goods; or The goods should be produced in Member States and be classified or become classified, after the process of production, under a tariff heading other than the tariff heading under which they were imported (CTH rule).

Note

At the 13th Meeting of the COMESA Council of Ministers held in Malawi in October 2011, Egypt has agreed to implement the 35% Value Added Rule which requires that the value added resulting from the process of producing the goods from imported materials should account for at least 35% of the ex-factory cost of the goods.

The COMESA CTH Rule is applicable only for a limited number of products and the list of processes required to be carried out leading to a Change in Tariff Heading are specified.

Complete information on the rules of origin under COMESA is available from the COMESA
Procedures Manual on the implementation of the Protocol on Rules of Origin Certificate of Origin:

The COMESA Certificate of Origin is both issued and approved by the Commerce Division of the Ministry of Industry, Commerce and Consumer Protection: Commerce Division 4th Floor, Anglo Mauritius Building Intendence Street Port Louis Tel: (230) 201 1072 Fax: (230) 208 7325 Email: mcom@mail.gov.mu Website: http://commerce.gov.mu For the Commerce Division to approve the Certificate, the following documents must be submitted:

COMESA Certificate of Origin duly filled Customs Declaration (Export and Import) Export Invoice Appropriate certified costing for value added requirements Any other document as may be required by the Commerce Division

Non-Tariff Barriers Monitoring Mechanism

In the region, Member States of the SADC, COMESA and EAC have decided to adopt a harmonized approach as regards to the elimination of NTBs. The three RECs have joined forces to implement a common Non-Tariff Barrier reporting, monitoring and eliminating mechanism, which incorporates concrete timelines for the removal of NTBs in the region. The online NTB monitoring mechanism is available on www.tradebarriers.org. Operators can directly report and monitor the resolution of barriers encountered in the COMESA, EAC and SADC regions. This new system enhances transparency and makes it easy to follow-up reported and identified NTBs. This web-based NTB system is accessible to all economic operators, public officials, academic researchers and other interested parties. Mauritian operators exporting to the region are strongly encouraged to use the online system to report any NTB encountered. The website lists the different types of NTBs which can be reported on the system. Once the complaint is registered in the database, it is logged with a

reference number. This reference number can be used to monitor who is responsible for dealing with the reported NTB and any specific outcomes. The online system also publishes notifications of procedural, legislative or regulatory changes announced by Member States in the three RECs, enabling all traders to constantly keep up to date with trading requirements. More information can be obtained either from the www.tradebarriers.org website or from the MCCI, which has been appointed as the national private sector focal point for assisting the business community in the reporting process.
Useful Websites:

COMESA COMESA Statistics Tralac

Chambers of Commerce:

Burundi Egypt Eritrea Ethiopia Kenya Libya Madagascar Malawi Rwanda Sudan Swaziland Uganda Zambia Zimbabwe

Legal services
Introduction

The Legal Department makes available two types of services:

1. advice and information regarding the legal and administrative aspects of business undertakings in Mauritius, in particular company law, intellectual property rights, laws related to business environment, and to fair competition and trading practices.

2. an efficient settlement of trade dispute mechanism with the setting up of a Permanent Court of Arbitration which offers the following advantages : quick and flexible settlement of disputes; confidentiality of proceedings; accessibility to all economic operators whether mauritian or foreign; arbitration rules based on international standards (ICC, UNCITRAL Arbitration Rules); close monitoring throughout the overall process, from the initial request to the final award; choice of arbitrator(s) by the parties to a dispute from a panel of national and international eminent professionals.

Mauritius is a member of the 1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards which renders the venue of arbitral proceedings more attractive in Mauritius and which also contributes to positioning the MCCI Arbitration Court as a major centre in the region.

Furthermore, the Court has entered into cooperation agreements with arbitration Centers in Germany in several countries including Australia, France, India and Kenya. For information on the Permanent Court of Arbitration please click on the Quick Link on the Home Page.

Intellectual Property Rights

1. What are the laws forming the legal framework of Intellectual Property Rights in Mauritius?

In Mauritius, the legislative framework for IPR enforcement initially provided for the protection of copyrights, trademarks, patents, with the Patents Act 1875, the Trademarks Act 1868 and the Copyright Act 1956 being the oldest legislation. Our IPR enforcement mechanism took a new turn in 1995 when the TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement of the World Trade Organisation came into effect. In order to conform our legislation with the principles and obligations laid down the TRIPS, new pieces of legislation were adopted, namely:

1. The Copyright Act, adopted in 1997 2.The Patent, Industrial Designs and Trademarks Act 2002 3.The Protection Against Unfair Practices (Industrial Property Rights) Act 2002 4.The Layout Designs (Topographies) of Integrated Circuits Act, 2002 5.The Geographical Indications Act, 2002 2. What are the main institutions or departments involved in protecting and enforcing IPR in Mauritius?

The institutional framework for IPR enforcement is made of a number of bodies. The Industrial Property Office, a department under the aegis of the Ministry of Foreign Affairs, International Trade and Regional Cooperation, is responsible for processing registrations of patents, trademarks and industrial designs. An Industrial Property Tribunal rules on cases such as rejected applications for registration, with the appellate body being the Supreme Court. As far as copyrights are concerned, the Mauritius Society of Authors administrates the economic rights of copyright owners and exclusive licensees, grants authorisation for the use of protected works and is responsible for the collection and distribution of royalties. Moreover, the Ministry of Arts and Culture operates a Copyright Desk responsible for information to the public and registration of Copyright.

For the enforcement of IP rights, the Customs Department of the Mauritius Revenue Authority can intercept the entry of goods suspected of being counterfeits, provided that the Trademark Owner has undertaken prior registration procedures, as detailed below on Customs Enforcement of Intellectual Property Rights.

Customs Enforcement of Intellectual Property Rights

Business operators are encouraged to enforce their IP rights and to actively participate into the fight against counterfeiting by registering their trademarks, or copyrights with the Mauritius Revenue Authority.

This registration will enable the Customs Department to suspend the clearance of goods suspected to be infringing trademarks or copyrights as per Section 66 A of the Customs Act 1988.

To benefit from this protection by Customs, right holders or their authorised users must ensure that:

(a)

Their trademarks are registered at the Industrial Property Office of the Ministry of Foreign Affairs and

International Trade, 7th Floor, Moorgate House, Port Louis (Tel. 210 89 00) (b) Their copyrights are registered at the Mauritius Society of Authors (MASA), 3rd Floor, NPF Bldg, Douglas

Sholte Street, Beau Bassin (Tel. 467 22 19). (c) A Customs Application Form, obtainable at the IPR Unit, 2nd Floor, IKS Bldg, Trou Fanfaron, Port Louis or

at http://www.gov.mu/portal/sites/mra/index.htm be fully completed and submitted for approval of Mauritius Customs. This application form must be accompanied by the following documents: i) ii) user; iii) Security in the form of a bank guarantee in the amount of Rs 20,000 to protect the Director Registration Certificate of Trade Mark or Copyright; Letter of distributorship and power of attorney from Rights holder in the case of an authorised

General of the MRA from any claim for damage following the suspension of clearance as required under Section 66(A) (4) of the Customs Act of 1998.

Fair Competition

Laws promoting fair competition in Mauritius are:

a. The Competition Act 2007

The objective of this legislation is to regulate competition in Mauritius and to provide for the control of restricted business practices. It also provides for the establishment of a Competition Commission.

The Act defines several restrictive business practices, namely abuse of monopoly situation, collusive agreements, anti-competitive agreements, bid-rigging and provides for measures of control of such practices. b. The Protection against Unfair Practices (Industrial Property Rights) Act 2002

This legislation provides for protection against unfair practices involving use of a trademark, trade name, a business identifier, the appearance of a product, the presentation of products and services.

c. The Fair Trading Act 1979

The Fair Trading Act provides for better control of trade practices and related matters. One of the core provisions of this legislation is that no person shall for the purpose of trade or promotion carry on a consumer trade practice which has the effect or is likely to have the effect of:

(a)

misleading consumers as to, or withholding from them adequate information as to, their rights and

obligations under any consumer transaction;

(b) otherwise misleading or confusing consumers with respect to any matter in connection with any consumer transaction.

(c) Subjecting consumers to undue pressure to enter into any consumer transaction.

(d) Causing the terms or conditions, on which consumers enter into any consumer transaction to be so adverse to them as to be detrimental to their interest.

Legal Environment by Sector

General Introduction The Republic of Mauritius is a parliamentary democracy modelled on the British system. The separation of powers among the three branches of the Government, namely the Legislative, the Executive and the Judiciary, is embedded in the Constitution. The President is the Head of State while the Prime Minister has full executive power and is the Head of Government. The National Assembly comprises seventy Members, out of which sixty-two are elected every five years during parliamentary elections. Eight are chosen according to a best-loser system. The Mauritian legal system is an amalgam of French and British legal traditions. The French ruled over the island from 1715-1810, and the British, from 1810-1968. These two successive colonisations have shaped the legal system of Mauritius in its early days, and the imprints they have left on our laws and on the administration of justice on the island continue to be felt to this date.

The French period gave us the Code Napolon and two subsidiary texts, the Code de Procdure Civile and the Code de Commerce. These texts still partly governs some aspects of our civil law today, namely contractual law, law of socits, civil rights, property law, and civil procedure.

However the British colonisation period has had a much greater impact on our legal system, with considerable influence of Anglo-Saxon traditions on the organisation of our judiciary and parliamentary system, and on our legislation. For instance, the core of our civil and criminal laws, business laws, company laws, evidence and court procedure laws are inspired by British legislation.

Today, Anglo-Saxon traditions continue to prevail over French ones, and many provisions of the three French texts previously mentioned have been repealed and replaced by enactments inspired by British legislation. Moreover, although Mauritius has been a Republic since 1992, the country is still a member of the Commonwealth. The Privy Council in London is the Supreme Court of Appeal.

Commerce and Industry: Main legislations by Sector

A. Laws applicable to all sectors:

Company and Business Laws Companies Act 2001 Business Facilitation Act Local Government Act Code Civil Mauricien Code de Commerce Code de Procdure Civile The Investment Promotion Act

Taxation Laws
Income Tax Act Value Added Tax Act Customs Tax Act Customs Tariff Act Excise Act Double Taxation Agreements

Criminal Laws
Criminal Code Act Financial Intelligence and Anti-Money Laundering Act Prevention of Corruption Act

The Economic Crime and Anti-Money Laundering Act Non-Citizens Property Restriction Act

Property Laws
Land Acquisition Act Landlord and Tenant Act Land Duties and Taxes Act State Lands Act

Trade and Consumer Protection Laws

Competition Act Fair Trading Act Legal Metrology Act Consumer Protection Act Public Health Act

Employment Laws Employment Rights Act Employment Relations Act Occupational Safety, Health and Welfare Act Remuneration Orders Non-Citizens Employment Restriction Act Additional Remuneration Act

End of Year Gratuity Act Sex Discrimination Act

Environmental Laws
The Environment Protection Act Dangerous Chemicals Act Forests and Reserves Act

Intellectual Property Laws

Copyright Act The Patents, Industrial Designs and Trademarks Act The Protection Against Unfair Practices (Industrial Property Rights) Act

Communications and Media Law

Data Protection Act Electronic Transaction Act ICT Act Postal Services Act Computer Misuse and Cybercrime Act

Top B. Main Laws by Sector

Commerce and Manufacturing Food Commodities: Food Act Jewelry: Jewelry Act Handicrafts and SMEs: Small Enterprises and Handicraft Development Act Textile and Garments: Fashion and Design Act

Tourism
The Tourism Act Tourism Authority Act The Tourism Employees Welfare Fund Act The Travel Agents and Tour Operators Act 2001 Regulation for Tourist Act 2002 (Issue of Licence) Regulation for Tour Operators (Issue of Licence) Regulation for Travel Agents (Issue of Licence) Regulation for Travel Agents and Tour Operators (Security)

Information and Communication Technology

Data Protection Act Electronic Transaction Act ICT Act Postal Services Act Computer Misuse and Cybercrime Act

Financial Services Sector

The Financial Services Act 2007 The Protected Cell Companies Act 1999 The Trust Act 2001 The Securities Act 2005 The Stock Exchange Act The Unit Trust Act The Financial Intelligence and Anti-Money Laundering Act

Insurance Act
The Approved Investment Institution Rules 1992 Top C. Laws of General Application

Constitutional law
Constitution of Mauritius

Human Rights Protection of Human Rights Act 1998

Litigation and court procedure Courts Act Code de Procdure Civile

Administrative / Public Law

Civil Status Act Deportation Act Immigration Act Mauritius Citizenship Act Passport Act Public Procurement Act 2006 (Act No. 33 Of 2006) The Ombudsman Act Certificate Of Morality Act 2006 (Act No. 22 Of 2006) The above documents are available at the Chamber.

Arbitration
INTRODUCTION

The MCCI, conscious of the specific and complex nature of commercial disputes, both of a domestic or of an international nature, decided in 1996 to set up a Permanent Court of Arbitration (PCA), operating under its aegis. The Court of Arbitration benefits from the organisational facilities of the MCCI and its knowledge of local and international business. It is governed by a set of Rules for Conciliation and Arbitration, the main objective of which is to provide economic agents, individuals or corporate bodies, and public sector organisations the means to initiate arbitral proceedings promptly, efficiently, and in compliance with business requirements and international arbitration standards. The Chamber has also been active in promoting recourse to ADR (Alternative Dispute Resolution) mecanisms in recent years, through seminars, presentations, and consultations with Government over the introduction of appropriate policies and laws for the development of Mauritius as an attractive arbitration venue in the Indian Ocean region. In a context of ever increasing cross-border commercial transactions, the PCA has also established a strong network with several reputable Arbitration Centres, for instance France (CMAP) Germany, India (Arbitration Council), South Africa( AFSA) Uk's Chartered Institute of Arbitrators; Singapore, Hong Kong etc. in view of facilitating the resolution of international commercial disputes.

Economy

ECONOMY IN FIGURES
Table of Contents: The statistics include comparative figures from 2008 to 2011.

Population Indicative selling exchange rates National Accounts Sectoral Contribution to GDP at basic prices Real Growth Rates Balance of Payments Broad Money Liabilities Consumer Price Index Agricultural Production Industrial Production Productivity Indicators(Growth Rates) Transport and Communications External Trade Terms of trade External Trade by Region Regional External Trade Domestic Exports Tourism Education Monthly earnings, large establishments Employment Business Licenses Government Finance

Top

POPULATION
Population 2008 2009 2010 2011

Total Crude birth rate Crude death rate Marriage rate

1,268,565 12.9 7.1 17.7

1,275,032 12.0 7.2 16.7

1,283,415 11.7 7.1 16.5

1,288,684 11.4 7.1 16.3

Top

INDICATIVE SELLING EXCHANGE RATES

Indicative selling exchange rates US Dollars / Rupees UK Pounds / Rupees Euro / Rupees 2008 29.02 53.49 42.57 2009 30.15 48.17 44.01 2010 31.3 48.9 41.4 2011 29.4 47.2 40.9

Top

NATIONAL ACCOUNTS
National Accounts (Rs Bn) GDP. at market prices GDP at basic prices Per Capita GDP at market prices (Rs. 000) Gross National Savings (GNS) Capital formation (GDFCF) Private Public GNS as a % of GDP 2008 274.3 243.1 216.2 47.2 67.5 56.1 11.4 17.2 2009 282.9 252.2 221.4 39.9 74.4 55.8 18.6 14.1 2010 298.8 264.8 233.2 46.1 74.4 56.1 18.3 15.4 2011 323.5 285.7 251.5 49.1 76.7 58.8 17.9 15.2

GDFCF as a % of GDP

24.6

26.3

24.9

23.7

Top

SECTORAL CONTRIBUTION TO GDP AT BASIC PRICES

Sectoral Contribution to GDP at basic prices (%) Agriculture Sugarcane Other Manufacturing Sugar Food (excl Sugar) Textile Other sectors Hotel and Restaurant Financial Intermediation Wholesale, retail incl repairs Transport & Communications Real Estate, renting & business activities Construction Public Admin, Education, Health & other social works 2008 4.1 1.8 2.3 19.4 0.5 6.6 5.7 6.6 7.9 9.8 12.0 9.8 11.2 6.8 17.1 2009 3.9 1.4 2.5 19.1 0.4 6.4 5.6 6.7 6.6 10.2 11.4 9.6 11.8 6.9 18.3 2010 3.7 1.2 2.5 18.0 0.3 6.3 5.1 6.3 7.0 10.0 11.8 9.5 12.3 6.9 18.8 2011 3.6 1.2 2.4 17.7 0.4 6.2 5.2 5.9 7.1 10.1 11.8 9.3 13.0 6.5 19.0

Top

REAL GROWTH RATES

Real Growth Rates (%) 2008 2009 2010 2011

Agriculture (incl. sugar milling) Sugarcane Other Manufacturing (excl. sugar milling) Sugar Food Textile Other sectors Hotel and Restaurant Financial Intermediation Wholesale, retail incl. repairs Transport and Communications Real Estate, renting & business activities Construction GDP at Basic Prices

3.0 4.8 1.5 3.2 3.7 7.7 0.1 2.3 1.3 10.1 4.8 6.1 8.7 11.6 5.5

8.8 12.5 6.2 2.1 15.0 3.8 -0.2 1.5 -5.9 3.8 1.1 4.8 6.1 6.2 3.1

-1.3 -6.4 1.5 2.1 -4.0 4.4 0.0 2.1 6.0 4.3 4.3 5.4 6.3 4.2 4.2

3.4 3.5 3.4 2.7 3.8 -0.2 8.0 1.1 3.1 5.5 3.5 4.9 6.3 -2.0 4.0

Top

BALANCE OF PAYMENTS
Balance of Payments (Rs M) Goods and services Income Transfers Capital and Financial Account 2008 -38,876 4,898 6,250 20,857 2009 -29,176 825 6,909 11,049 2010 -36,341 -274 5,629 22,924 2011 -42,522 -1,953 3,795 34,971

Overall balance of payments Net Errors and Omission Net international reserves

4,624 6,871 90,164

12,103 10,393 105,748

1,885 8,062 107,984

462 5,709 109,588

Top

BROAD MONEY LIABILITIES

Broad Money Liabilities (Rs M) Currency with public Transferable Rupee deposits Savings Rupee deposits Time Rupee deposits Foreign Currency deposits Securities other than Shares, Included in Broad Money Credit to Private Sector 2008 16,323 37,030 75,850 89,409 54,334 2009 17,153 43,751 84,477 94,251 56,077 2010 18,975 44,860 102,349 94,150 55,921 2011 20,308 47,809 112,381 95,885 53,478

1,535

772

2,869

4,044

225,468

201,632

251,432

281,433

Top

CONSUMER PRICE INDEX

Consumer Price Index CPI yearly average1 Headline inflation (%) CORE 12 (%) CORE 2 3 (%) 1 Base: July 2006 June 2007 2008 113.9 9.7 8.7 6.1 2009 116.8 2.5 2.4 3.8 2010 120.2 2.9 3.2 2.8 2011 128.1 6.5 6.0 4.8

2 CORE 1 excludes Food, Beverages and Tobacco components and mortgage interest on housing loan from headline inflation 3 CORE 2 excludes Food, Beverages, Tobacco, mortgage interest, energy prices and administered prices from headline inflation

Top

AGRICULTURAL PRODUCTION
Agricultural Production (Tonnes) Sugar Cane (000 Tonnes) Tea (green leaf) Tobacco leaf Creepers Potato Tomato Onion Cabbage Pineapples Bananas Poultry Fish Meat 2008 4,533 8,672 349 23,279 14,868 11,518 5,558 3,732 6,394 10,463 42,000 6,025 2,308 2009 4,672 7,663 314 29,179 19,828 12,586 4,855 4,644 8,880 10,920 44,000 6,978 2,595 2010 4,366 7,370 310 29,834 21,709 12,338 5,797 4,782 6,529 11,936 46,600 5,547 2,885 2011 4,230 8,975 345 28,798 21,561 11,354 5,241 5,119 10,922 10,544 47,000 5,411 2,735

Top

INDUSTRIAL PRODUCTION
Industrial Production 2008 2009 2010

201

Electricity (GWh) Sugar (Tonnes) Tea (Tonnes)

2,557.2 452,062 1,668

2,577.4 467,234 1,481

2,632 452,473 1,467

Top

PRODUCTIVITY INDICATORS
Productivity Indicators (% Growth Rates) - Total Economy Labour Productivity Capital Productivity Multi Factor Productivity Unit Labour Cost Average Compensation - Manufacturing Sector Labour Productivity Capital Productivity Multi Factor Productivity Unit Labour Cost Average Compensation - Export Oriented Enterprises Labour Productivity Capital Productivity Multi Factor Productivity 6.2 4.1 7.8 8.6 7.5 8.1 8.5 16.9 19.1 11.3 16.7 15.8 2.9 2.6 2.0 5.9 9.0 8.7 1.8 3.5 -0.3 8.4 3.3 5.8 6.6 6.6 10.1 4.7 4.0 5.0 6.7 11.8 1.8 0.1 0.5 7.3 9.2 2.6 -2.5 -0.9 2.9 5.6 1.9 -0.8 0.0 1.8 3.7 3.7 -0.8 0.1 3.9 7.8 2008 2009 2010 2011

Unit Labour Cost Average Compensation

4.6 11.1

-0.9 7.6

0.5 9.0

-1.2 10.0

Top

TRANSPORT AND COMMUNICATIONS

Transport and Communications Cars Taxis Buses Lorries & Trucks Vans & Dual Purpose Vehicles 2008 109,507 6,941 2,762 12,726 71,355 2009 117,890 6,921 2,803 12,950 72,768 2010 127,363 6,924 2,845 13,186 74,185 2011 136,225 6,907 2,912 13,539 75,222

Top

EXTERNAL TRADE
External Trade (Rs M) Imports - C.I.F EOE reeport Exports - F.O.B EOE Re-exports 2008 132,165 20,172 5,166 67,970 35,080 12,588 2009 118,444 17,332 5,800 56,162 35,972 10,396 2010 135,394 20,617 8,641 61,997 39,817 7,888 2011 148,081 26,979 8,680 64,688 44,985 6,455

Top

Terms of Trade

Terms of trade (Base Year 2007=100)

2008 89

2009 94

2010 85

2011 83

Top

EXTERNAL TRADE BY REGION

External Trade by Region (Rs M) Total Exports (FOB) All Countries Europe Asia Africa America Imports (CIF) All Countries Europe Asia Africa America 2008 59,455 40,392 4,426 9,963 4,440 132,564 32,240 71,679 16,968 6,917 2009 56,162 37,445 2,904 10,516 5,069 118,444 33,960 59,049 14,799 5,883 2010 61,997 39,319 4,411 11,384 6,605 135,394 34,173 71,666 16,785 6,878 2011 64,688 40,357 3,581 13,231 7,211 148,081 38,261 79,166 16,961 7,636

Top

REGIONAL EXTERNAL TRADE

Regional External Trade (Rs M) Total Exports (FOB) ACP COMESA SADC 7,634 5,006 5,910 7,998 4,972 7,352 9,103 4,945 8,193 11,220 5,633 10,179 2008 2009 2010 2011

Imports (CIF) ACP COMESA SADC 15,487 4,037 12,508 13,595 3,311 11,972 15,485 3,997 13,480 15,552 4,567 13,560

Top

DOMESTIC EXPORTS
Domestic Exports Tuna (Tonnes) - HS 160414 Sunglasses (000 pairs) - HS 900410 Jerseys, etc of wool (000) - HS 611011 Cotton articles, not knitted (000): Men's trousers - HS 620342 Men's shirts - HS 620520 Women's trousers - HS 620462 Womens blouses - HS 620630 Cotton articles, knitted (000): Men's trousers - HS 610342 Men's shirts - HS 610510 Women's trousers - HS 610462 Women's blouses - HS 620630 Jerseys of cotton, knitted (000) - HS 611020 T-shirts of cotton, knitted (000) - HS 610910 444 6,384 622 2,081 4,907 73,186 217 3,671 1,226 1,170 2,706 66,766 363 3,883 1,779 968 6,550 65,216 177 4,010 2,495 937 2,769 68,588 6,576 11,796 2,043 886 7,126 10,742 2,722 1,170 6,395 11,017 3,445 968 7,507 13,691 2,971 937 2008 47,855 528 941 2009 48,862 576 777 2010 49,938 558 437 2011 51,416 995 465

Top

TOURISM
Tourism Earnings (Rs M) Tourist nights (000) No. of tourists From: France (%) Reunion (%) U.K. (%) Germany (%) South Africa (%) Number of Hotels Number of Rooms 2008 41,213 9,218 930,456 27.9 10.3 11.6 6.6 9.1 102 11,488 2009 35,693 8,639 871,356 31.6 12.0 11.7 5.9 8.5 102 11,456 2010 39,456 9,495 934,827 32.3 12.3 10.4 5.7 8.7 112.0 12075.0 2011 42,845 9,730 964,642 31.1 11.7 9.1 5.8 8.9 109.0 11925.0

Top

EDUCATION
Education Primary: Pupils Primary : Teachers Secondary: Pupils Secondary: Teachers Prevocational : Pupils Prevocational : Teachers 2008 119,022 5,495 116,503 8,053 8,495 645 2009 117,922 5,454 116,226 8,156 8,033 622 2010 117,432 5,472 115,803 8,323 7,442 628 2011 116,068 5,627 115,289 7,873 7,270 634

Post secondary : Students enrolled UOM & UTM MIE MGI MCA Polytechnics, MITD, MIH 10,986 4,196 539 379 1,272 12,681 4,738 626 452 1,347 14,187 5,032 537 546 1,305

Top

MONTHLY EARNINGS, LARGE ESTABLISHMENTS

Monthly earnings, large establishments (Rs) Average Overall average Manufacturing Agriculture Trade Hotel & Restaurant Financial intermediation Government 2008 14,440 8,995 10,990 15,786 11,550 27,413 16,880 2009 16,883 10,008 12,757 16,528 13,317 29,044 22,039 2010 18,247 10,810 13,841 17,558 14,297 33,078 22,078 2011 20,050 11,919 14,736 19,071 15,875 36,414 24,533

Top

EMPLOYMENT
Employment ('000) Labour Force (Mauritian) Male 2008 559.4 355.6 2009 566.3 358.1 2010 581.3 362.4 2011 582.8 363.6

Female

203.8

208.2

218.9

219.2

Employment (Mauritian) Employment (Foreigners) Total Employment of which: Men

519.0 24.0 543.0 355.7

524.8 21.0 545.8 355.3

536.1 22.0 558.1 358.8

537.6 23.0 560.6 364.4

187.3 : Women Agriculture Manufacturing Electricity and water Construction Wholesale & retail trade Hotel & restaurant Transport, storage, communication Financial intermediation Real estate and business activities Public administration, defense, social security Education Health & social work Other services 46.2 123.3 3.1 51.5 81.5 36.3 39.0 11.9 28.4 39.6 29.4 16.4 36.2

190.5

199.3

196.2

46.2 115.8 3.1 52.4 85.1 35.8 40.0 12.6 31.4 39.4 30.1 16.7 37.0

44.9 114.5 3.3 54.0 88.8 37.3 40.4 13.2 34.9 39.1 30.8 19.0 37.7

44.5 112.4 3.3 55.0 89.9 38.1 40.3 13.5 35.8 38.9 31.2 19.6 37.9

Unemployment ('000) Male

40.4 14.6

41500 15800

45,200 16,700

4,500 17,200

Female Unemployment Rate (%)

25.8 7.2

25700 7.3

28,500 7.8

28,700 7.9

Top

BUSINESS LICENCES
Business Licenses Total Manufacturing Trade Hotel / Restaurant Transport, storage & communication Real Estate & Renting 2008 89,597 6,716 60,936 5,163 5,606 3,908 2009 94,609 7,209 64,139 5,478 5,620 4,302 2010 101,697 7,825 68,780 5,946 5,648 4,823 2011 106,330 8,284 71,822 6,323 5,680 5,111

Top

GOVERNMENT FINANCE
GOVERNMENT FINANCE (Rs M) Revenue Taxes Social Contributions Grants Other Revenue Expenses Jul-Dec 2009* 33,183 27,641 495 3,182 1,865 34,096 2010 62,925 53,353 1,015 1,470 7,087 67,870 2011 69,207 58,880 1,022 2,537 6,768 72,885 2012 76,880 64,836 1,100 3,408 7,536 76,126

Compensation of employees Use of Goods and Services Interest Subsidies Grants Social Benefits Other Expenses Contingencies Gross Operating Balance Net Acquisition of Non-Financial Assets Net Lending/Borrowing (Budget Balance) Net Lending/Borrowing (Budget Balance) as % of GDP Net Acquisition of Financial Assets Borrowing Requirements Domestic Foreign Borrowing Requirements as % of GDP PRIMARY BALANCE PRIMARY BALANCE AS % OF GDP * Actual ** Revised Estimates *** Estimates

8,685 2,774 5,326 454 8,837 6,729 1,291 -913 4,946 -5,859

17,784 6,769 10,170 1,021 14,989 13,645 3,492 -4,945 8,407 -13,352

18,297 6,928 10,055 1,127 19,342 14,543 2,593 -3,678 8,571 -12,249

19,809 7,616 11,440 1,265 15,626 15,885 3,185 1,300 754 14,345 -13,591

4.0%

4.5%

-3.8%

-3.8%

-114 5,450 5,250 200 3.7% -533 -0.4%

1,030 14,160 8,464 5,696 4.8% -3,465 -1.1%

3486 15330 8586 6744 0.047 -2194 -0.70%

2901 15622 8315 7307 0.044 -2151 -0.60%

Economy Review
Since 2009 achieving high levels of growth has proved to be a tricky task worldwide, with major economies failing to increase their output at reasonable rates. This situation is particularly worrisome for countries like Mauritius which is heavily dependent on external trade and foreign direct investment, even more so with the rise of competition from emerging economies in Africa, Asia and South America. Since the beginning of the crisis back in 2008, domestic companies have been battered but are bravely facing the adverse conditions to survive, with the anticipation that respite would not be far. These companies, four years later, are finding it increasingly difficult to withstand the adverse conditions prevailing in their markets, especially in the absence of additional support from local authorities to boost investment and increase competitiveness.

The tourism sector is highly likely to be next in line, with latest figures released signalling difficult times ahead.

Investment in hotels and restaurants has already fallen massively over the one year period. In 2007, investment grew at the rate of 37.7 percent. In 2011, it fell by 31.5 percent. A fall in investment harbingers only one thing: worsening prospects for the operators of this sector. This is confirmed by the latest figures in tourist arrivals and revenue of the sector. Growth figures for the sector will possibly have to be revised downwards in the coming months.

There are already signs that activity in the external sector is slowing down, with the level of employment in export oriented enterprises on a downward trend and a decline in the number of enterprises. Investment has also embarked on a downward trend, but thanks to significant investment prior to the global crisis and a re-engineering of activities, the sector was able to rebound in 2011 and even register a 7.8% growth rate. However, the unsustainable policy of maintaining an appreciating Rupee is thwarting the potential of Mauritius to achieve even higher levels of GDP growth. The increasing costs of production due to a rising wage bill and the upward trend in the prices of raw materials, coupled with a decrease in profitability of local manufacturers due to lower receipts in Rupees (as a result of an unfavourable exchange rate), and the reluctance to commit further investment without any visibility will have a definite impact on future the growth rates.

Fortunately for Mauritius, despite reigning global uncertainties and the advance impact on some sectors, the economy has been performing rather well thanks to the good performance of other

sectors, namely the booming ICT sector and financial intermediation, which resulted in a 4.2 percent growth rate in 2010 and an estimated 4.1% in 2011.

ESTIMATED GDP GROWTH RATES FOR MAURITIUS Statistics Mauritius 2011 2012 4.1 4.0 MCCI 4.0 3.8 World Bank 4.1 3.3 IMF 4.2 3.7

However, while 2011 started rather promisingly, the economic situation deteriorated in the second half of the year with the escalating Euro crisis and its ensuing austerity measures, putting pressure on external demand, which was further exacerbated by a notable appreciation of the Rupee relative to major currencies. The resulting loss of competitiveness will definitely have an impact on the performance of the economy in 2012. This is confirmed by the MCCI Business Confidence Indicator. In fact, business confidence amongst local producers worsened at the end of 2011, which resulted in a fall in private investment.

Therefore, considering the expected deterioration of several economic indicators and a situation of sustained global disarray, the MCCI expected in November 2011 a growth rate of 3.8 percent while Statistics Mauritius forecast growth at 4.0 percent. These rates will probably have to be revised downwards in the coming months.

The IMF, in September, expected growth in Mauritius for 2011 to amount to 4.2 percent and to 4.1 percent in 2012. In January, in the context of the Article IV consultations, the IMF revised their figures for the Mauritian economy to stand at 3.7 percent. The World Bank, in January, put forward a growth rate of 4.1 percent for 2011. For 2012, the World Bank believes that Mauritius will be hit severely by the situation in the Euro Area, and growth is expected to fall to 3.3 percent.

Note:

To view the Economic review 2011, please follow the link: http://mcci.org/photos/ecoreview11.pdf

(Updated as at June 2012)

Doing Business
Procedures to start business in Mauritius
A modern business environment is administered in Mauritius through the Business Facilitation Act. It provides a framework that allows any businesses to start operations on the basis of self-adherence to comprehensive and clear guidelines. It also aims at facilitating entry of foreign investors, as well as attracting foreign talents, know-how, ideas and technology. New small enterprises can start their business activities within three working days from the time of application for a business permit. Setting up an enterprise in Mauritius 1.Choice of the business structure: The Companies Act 2001 provides for several types of companies:

Domestic Company Company holding a Category I Global Business Licence Company holding a Category 2 Global Business Licence

These companies may be:

Company limited by shares A company formed on the principle of having the liability of its shareholders limited by its constitution to any amount unpaid on the shares respectively held by the shareholder. A company formed on the principle of having the liability of its Members limited by its constitution to such amount as the Members may respectively undertake to contribute to the assets of the company in the event of its being wound up. A company formed on the principle of having the liability of its Members (a) who are shareholders, limited to the amount unpaid, if any, on the shares respectively held by them; and (b) who have given a guarantee, limited to the respectively amount they have undertaken to contribute, from time to time, and in the event of it being

Company limited by guarantee

Company limited by shares and guarantee

wound up; An unlimited company a company formed on the principle of having no limit placed on the liability of its shareholders

Limited Life Company

Categories of companies under the Company Act (2001) A company may either be public or private. Public company A public company may offer to sell its shares to the public.

A public company may have more than 25 shareholders.

Private company

Must have not more that 25 shareholders.

Cannot make offers to the public to subscribe for its shares.

May impose restrictions on the transfer of shares. May dispense with holding of shareholders meetings under s. 117 and 106.

May remove a director by special resolution subject to constitution.

May appoint a director aged over 70.

May dispense with the obligation to prepare an annual report by unanimous resolution (s. 218(2))

May dispense with obligation to keep an interest register by unanimous resolution.

Small private companies

it is one with a turnover of less than 10 million rupees or such other amount as may be prescribed in respect of its last preceding accounting period;

it is not a company holding a Category 1 Global Business Licence

Other categories of companies under the Company Act (2001)

One-person The Act provides that one person may form a company. However, at incorporation or within 6

company

months, the sole shareholder/director must nominate a person to be the secretary in the event of his death or incapacity. A dormant company is one where no significant accounting transaction has occurred during any period (section 293). This excludes the issue of shares, payment of bank charges, licences fees and other compliance costs.

Dormant companies

The guide to the Company Act (2001) can be accessed on: http://www.gov.mu
1. Incorporation of companies 1 to 15 days

2.1 Name of Company Any person wishing to incorporate a company in Mauritius should ensure that the name is available prior to incorporation. To reserve a name for a company, an Application for Reservation of a Company Name (Form 11) must be completed and lodged with the Registrar of Companies who is responsible for the approval and reservation of names. Application forms for name reservation and incorporation of companies are available at the Registrar of Companies on request or may be downloaded on thehttp://www.gov.mu
2.2 Application for incorporation

The following documents must be submitted to the Registrar of Companies for the incorporation of a company: Form 1 - an application for incorporation of a company. A notice of reservation of name issued by the Registrar; Form 7 - the consent of every director of the proposed company. (Note that a company is only required to have a minimum of one director); Form 8 - (if applicable) the consent of every secretary of the proposed company. Form 9 - the consent of every shareholder of the proposed company. Other documents to be submitted: Where the proposed company has a constitution, a certified copy of the constitution by a law practitioner must be submitted together with the above mentioned documents.

Domestic companies are incorporated within 24 hours of submission of application. Certificates of incorporation for category 1 & category Global Business Companies are delivered on the same day, pending approval from Financial Services Commission. For more details, click here
3. Registration of business one day

An Application for Business Registration can be submitted at the office of Registrar of businesses or can be done online. Information to be provided

Name of the company/commercial partnership Company file number/Commercial partnership files number The Business name (if any) The general nature of business and its location Date or proposed date of commencement of business Address of the principal place of business Postal address Workforce of the applicant Telephone number, fax number and email address

Registration fee payable is according to the workforce as follows (Not applicable to Companies and Commercial Partnerships): Workforce size MUR

Not More than 10 persons

100

Between 11 and 50 persons

200

Between 51 and 100 persons

400

Above 100 persons

1,000

Address: Companies Division One Cathedral Square, Jules Koenig Street, Port-Louis Tel: +230 211 2566; +230 210 7922; +230 211 6703; +230 211 2846; +230 211 2865 Hotline: +230 208 4539 Fax: +230 212 6493; +230 208 7263 E-mail: comd@mail.gov.mu Online name reservation, incorporation and business registration The Companies and Businesses Registration Integrated System (CBRIS) allows the electronic submission of applications for incorporation of companies, and of the National Business Registration Number. The applicant should register with MNS at http://mns-services.intnet.mu, and upon receiving the access codes can go to http://mns-online.intnet.mu to apply.

4. Obtaining the Building and Land Use Permit 3 to 15 days

A Building and Land Use Application is a formal request for permission to erect a building or to use an existing one for a particular business. It is obtained from the local Municipal or District Council. Guide: http://www.gov.mu For the list of district and municipal councils, please click here More information can be obtained from the Ministry of Local Government: http://www.gov.mu Address: Level 3, Emmanuel Anquetil Building c/r S.S.R. & J. Koenig Streets Port Louis Tel: +230 201 1216; Fax: +230 208 9729 Email: mlg@mail.gov.mu Payment of trade fee to the local Municipal or District Council. Payment of the trade fee will depend on the region and type of business. For the list of district and municipal councils, please click here. Regulated activities If the proposed business is engaged in regulated activities, licences prior to registration is required.

Regulated Activities
If the proposed business is engaged in regulated activities, licences prior to registration is required.

Banking services (Licence from the Bank of Mauritius)

The Bank of Mauritius is the regulator of banking services. Website: http://bom.intnet.mu

Address: Sir William Newton Street, Port Louis Tel : +230 208 4164, Fax: +230 208 9204 Telex: 4253 MAUBNK IW - 4253 B MAUBNK IW Email : bomrd@bow.intnet.mu Governor's Office: governor.office@bom.intnet.mu

Main Promotion Agencies

Board of Investment

The Board of Investment (BOI) is the leading agency of the Government of Mauritius responsible for promoting and facilitating investment in Mauritius.

Website: http://www.investmauritius.com/

Address: Level 10, One Cathedral Square Building 16 Jules Koenig Street Port Louis

Tel : +230 203 3800 Fax : +230 210 8560 Email: contact@investmauritius.com

Finance
Commercial Banks
The Mauritian banking sector comprises 19 banks.

List of licensed banks: http://bom.intnet.mu/bank/Banks_licensed.htm Profile of commercial banks: http://www.mba.mu/

Infrastructure
Electricity
The Central Electricity Board (C.E.B.) promotes and co-ordinates the generation, transmission, distribution and sale of electricity in Mauritius.

Address: Royal Road, Curepipe Tel: +230 601 1100 Fax: +230 675 7958 Email:ceb@intnet.mu Hotline: 130

Quality
Mauritius Standard Bureau

The Mauritius Standards Bureau promotes standardisation and quality assurances and conducts tests.

Website: http://www.gov.mu/portal/sites/msb/index.htm

Address: Villa Road, Moka Tel: +230 433 3648 Fax: +230 433 5051,4335150

Email:msb@intnet.mu

Research and Consultancy

Mauritius Research Council

The Mauritius Research Council (MRC) focuses on the promotion, coordination and exploitation of research with a view to sharpening the competitive edge of industries for sustainable economic and social growth.

To that end, the Council operates a number of Research Grant Schemes.

Website: http://www.mrc.org.mu/

Address: La Maison de Carn, Royal Road, Rose-Hill Tel.: +230 465 1235 Fax: +230 465 1239 Email: mrc@intnet.mu