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Erriah Chambers
(230) 208 2220
Level 2, Hennessy Court, Pope Hennessy Street, Port Louis, Mauritius
(230) 212 6967
English, French

Updates in the Mauritius Business Legal Framework

Article by Dev Erriah, Head of Chambers at Erriah Chambers – Mauritius

The Mauritius government signed, on 29 October, an amending protocol to its 2011 income tax treaty with Germany to bring it into line with recommendations of the OECD/G20 Base Erosion and Profit Shifting (BEPS) Project.

The BEPS actions are designed to equip governments with domestic and international rules and instruments to address tax avoidance, ensuring that profits are taxed where economic activities generating the profits are performed and where value is created.

The amending protocol incorporates: a statement in the preamble to emphasise the elimination of double taxation without creating opportunities for non-taxation or reduced taxation through tax evasion or avoidance; an arbitration recourse where a tax dispute cannot be resolved by the competent authorities within a period of three years after consideration; and provisions to clarify the cases which are not eligible for arbitration.

The protocol is the first to amend the treaty and must be ratified before entering into force. Mauritius has concluded 44 tax treaties and is party to a series of treaties under negotiation.

Robotic and artificial intelligence are new and emergent technologies which can seamlessly facilitate automated portfolio planning and asset allocation, online risk assessments, amongst others, for the benefits of licensees/stakeholders of the FSC, Mauritius.

The Robotic and Artificial Intelligence Enabled Advisory Services Rules 2021 was issued by the FSC on 12 June 2021 to regulate the conduct of this business activity. These Rules must be read in conjunction with the relevant Acts, FSC Rules and Guidelines which the FSC may issue from time to time.

Any company incorporated under the Companies Act 2001 can submit an application to the FSC (in the prescribed format) to provide this business activity. Applications have to be made in accordance with Part IV of the Financial Services Act 2007 (“FSA”).

A holder of a GBL can apply for a Robotic and Artificial Intelligence Enabled Advisory Services Licence.

International travel is finally picking up after having faced a sustained and lengthy slump due to the Covid-19 pandemic. In its latest Global Mobility Report, Henley & Partners provides exclusive insight into what is to be expected of this steady recovery.
Despite having gone down a spot in the global ranking from 30th in Q2 2021 to 31st in Q3 2021, Mauritius still holds the second most travel friendly passport in Africa behind Seychelles (28th) providing visa-free/visa-on arrival access to 146 destinations.

 

Mauritius opens its borders for South Africans

South Africans can once again travel to Mauritius after nearly a month and a half long closure. As of Friday 7 January 2022, the Covid-19 travel ban imposed by Mauritius on South Africa, Botswana, Namibia, Zimbabwe, Eswatini, Lesotho, Malawi, Mozambique and Zambia had been lifted and commercial passenger flights to Mauritius can resume.

Concerned authorities are maintaining strict Covid-19 travel protocols to keep Mauritius a safe country for its locals and tourism destination.

Incoming traveller must present evidence of a negative COVID-19 (PCR) test taken within 72 hours of last point of departure before travelling to Mauritius. Incoming travellers must submit a Public Health COVID-19 Passenger Self Declaration Form and Public Health Locator Form or the All-in-One Travel Form. Incoming tourists must also provide proof of accommodation booking and health insurance which covers COVID19 treatment.
If they have been vaccinated, they must provide evidence of their vaccination. Vaccinated travellers won’t be required to quarantine. If they are not vaccinated, they must quarantine for 14 nights in an official quarantine hotel.

Sanitary protocols throughout the Mauritius hospitality industry remain at the very highest
standards, ensuring that the local community and international guests are afforded maximum
protection from the virus.

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