THE INVESTMENT PROMOTION ACT 2000 Act 42/2000

Proclaimed by [Proclamatio No! 2 o" 200#$ %!e!"! #&t' Marc' 200# (Part III) Part IV) *ectio * 2+) ,0) a d ,#(#- (b- a d (c-) 2(b- . (,- ARRAN/EMENT O0 SECTIONS PART I 1 PRE2IMINAR3 Section
1. Short title 2. Interpretation

PART II 4 THE 5OAR6 O0 INVESTMENT

3. Establishment of the Board of Investment 4. The Board 5. Objects of the Board of Investment 6. Functions of the Board of Investment 7. Powers of the Board of Investment 8. Meetings of the Board 9. Powers of the Minister 10. The Managing irector 11. elegation of powers

PART III 1 RE/ISTRATION O0 INVESTOR) SE20 EMP2O3E6 PERSON) PRO0ESSIONA2 AN6 RETIRE6 NON4CITI7EN 4 Ame ded by [Act No! 2# 0" 2008$ !egistration of investor" self#emplo$ed person" professional and retired non#citi%en & Ame ded by [Act No! 2# o" 2008$ 13. !egistration of companies manufacturing goods for e'port # Ame ded by [Act No! 2# o" 2008$ 14. !egistration of investors in freeport and I!S & Ame ded by [Act No! 2# o" 2008$
12. 15.

eregistration of persons & Ame ded by [Act No! 2# o" 2008$

PART IV 1 IRS CERTI0ICATE) RES CERTI0ICATE AN6 0REEPORT CERTI0ICATE (pplication for I!S certificate or !ES )ertificate Technical )ommittee Issue of I!S certificate or !ES certificate *+( (pplication for Freeport certificate
16. 17. 18.

PART IVA 4 59SINESS 0ACI2ITATION AN6 P952IC 1 PRIVATE PARTNERSHIP *+B Facilitation b$ Board of Investment *+) Public & private partnerships

PART V 1 A6MINISTRATION
19. 20. 21. 22. 23. 24. 25.

(ppointment of emplo$ees )onditions of service of emplo$ees ,eneral Fund isclosure of interest )onfidentialit$ )essation or transfer of business -se of computer s$stem

PART VI4 MISCE22ANEO9S Immunit$ Offences and penalties !egulations .+(/Investment Promotion and Protection (greement
26. 27. 28.

.+B Savings
29. 30. 31. 32.

)onse0uential amendments Transitional provisions !epeal and savings )ommencement

PART I 1 PRE2IMINAR3 #! S'ort title This (ct ma$ be cited as the Investment Promotion (ct .111/ 2! I ter:retatio In this (ct # 2application3 means an application for an I!S certificate under section *4 or a freeport certificate3 under section *+(5 Ame ded by [Act No! 2# o" 2008$ 6Board6 means the Board referred to in section 75 6Board of Investment6 means the Board of investment established under section 85 2building permit3 6eleted by [Act No! 2# o" 2008$ 6)hairperson6 means the )hairperson of the Board appointed under section 75

2development permit3 6eleted by [Act No! 2# o" 2008$ 6emplo$ee6 means an emplo$ee of the Board appointed under section *95 6freeport certificate6 means a freeport certificate issued under Part III of the Freeport (ct .1175 2freeport certificate3 means a freeport certificate under the Freeport (ct .1175 Added by [Act No! 2# o" 2008$ 6freeport %one6 has the same meaning as in the Freeport (ct .1175 6Fund6 means the ,eneral Fund established under section .*5 2I:S certificate3 means an Invest :otel Scheme certificate issued under the Invest :otel Scheme prescribed under this (ct5 Added by [Act No! #4 o" 200+$ 2investor3 # ;a< means an$ person carr$ing on or who intends to carr$ on an$ economic activit$ and

satisf$ing the criteria referred to in item * of Part I of the Schedule5 and ;b< includes # ;i< ;ii< a person who is not a citi%en of Mauritius5 or an association or bod$ of persons" whether corporate or incorporate" the control or management of which is vested in persons who are not citi%ens of Mauritius" and registered as such under this (ct5 but

;c<

does not include a small enterprise or handicraft enterprise registered under the Small Enterprises and :andicraft evelopment (uthorit$ (ct .11=5

Added by [Act No! 2# o" 2008$ 2investment certificate6 6eleted by [Act No! 2# o" 2008$

2I!S certificate3 means a Integrated !esort Scheme certificate issued under the !eal Estate evelopment Scheme prescribed under this (ct5 Added by [Act No! 2# o" 2008$; [Act No! #< o" 200<$ 6local authorit$6 has the same meaning as in the >ocal ,overnment (ct *9+95 6Managing irector6 means the Managing under section *15 irector of the Board of Investment appointed

6member6 means a member of the Board appointed under section 7 and includes the )hairperson5 6Minister6 means the Minister to whom responsibilit$ for the subject of finance is assigned5 2municipal licence3 6eleted by [Act No! 2# o" 2008$ 2occupation permit3 has the same meaning as in the Immigration (ct5 Added by [Act No! 2# o" 2008$ 2permanent residence permit3 has the same meaning as in the Immigration (ct5 Added by [Act No! 2# o" 2008$ 2permit authorit$3 has the same meaning as in the Planning and evelopment (ct .1175 2Permits and >icences )ommittee3 has the same meaning as in the >ocal ,overnment (ct .1185 2professional3 means a non#citi%en who is emplo$ed in Mauritius b$ virtue of a contract of emplo$ment and registered as such under section *.5 Added by [Act No! 2# o" 2008$ ?public sector agenc$6 includes an$ Ministr$ or ,overnment statutor$ bod$5 20ualif$ing activit$3 & ;a< ;b< means an$ activit$ regulated b$ the enactments specified in Part II of the Schedule5 and includes an$ activit$ specified in Part I@ of the Schedule5 epartment" local authorit$ or

Ame ded by [Act No! 20 o" 200&$; [Act No! 2# o" 2008$; [Act No! 28 o" 20#2$

2registration certificate3 means a certificate issued under section *.5 Added by [Act No! 2# o" 2008$ 6relevant Ministr$6 6eleted by [Act No! 2# o" 2008$ 2 relevant permit6 includes an$ licence" approval or other authorisation re0uired from a public sector agenc$ under an$ enactment in respect of a 0ualif$ing activit$5 2!ES certificate3 means a !eal Estate Scheme certificate issued under the !eal Estate evelopment Scheme prescribed under this (ct5 Added by [Act No! #< o" 200<$ 2retired non#citi%en3 means a retired non#citi%en registered as such under section *.5 Added by [Act No! 2# o" 2008$ 2self#emplo$ed person3 includes a non#citi%en engaged in a profession and registered as such undersection *.5 Added by [Act No! 2# o" 2008$ 2State#significant development3 # 6eleted by [Act No! #< o" 200<$ 6technical committee6 means a technical committee set up under section *7/ Ame ded by [Act No! 2+ o" 2004$; [Act No! 4, o" 2004$; [Act No! 20 o" 200&$; [Act No! 2# o" 2008$; [Act No! #< o" 200<$; [Act No! 28 o" 20#2$

PART II 4 THE 5OAR6 O0 INVESTMENT ,! E*tabli*'me t o" t'e 5oard o" I =e*tme t ;*< ;.< 4! There is established for the purposes of this (ct a Board of Investment/ The Board of Investment shall be a bod$ corporate/

T'e 5oard ;*< ;.< The Board of Investment shall be administered and managed b$ a Board/ The Board shall consist of a )hairperson appointed b$ the Prime Minister" after consultation with the >eader of the Opposition and not less than 4 and not more

than *. other members appointed b$ the Prime Minister from representatives of the public sector" private sector" academia and trade unions/ ;8< Ever$ member shall hold office for a period of 8 $ears on such terms and conditions as the Prime Minister ma$ determine and shall be eligible for re# appointment/ Ever$ member shall be paid b$ the Board of Investment such fees as the Board ma$" with the approval of the Prime Minister" determine/

;7< &!

Ob>ect* o" t'e 5oard o" I =e*tme t The objects of the Board of Investment shall be # ;a< to stimulate the development" e'pansion and growth of the econom$ b$ promoting Mauritius as an international investment" business and service centre5 ;b< to promote and facilitate the development of all forms of investment and business activities5 ;c< to formulate investment promotion policies and plans and marAeting strategies and undertaAe promotion to attract foreign and local investments5 and ;d< to advise ,overnment on strategies for investment policies" national investment marAeting and investment after care" economic and industrial planning and countr$ image building/ Ame ded by [Act No! 2# o" 2008$

8!

0? ctio * o" t'e 5oard o" I =e*tme t The Board of Investment shall have such functions as" in its opinion" are necessar$ to further most effectivel$ its objects" and in particular # ;a< to improve investment and business environment and undertaAe such other activities as ma$ be necessar$ to promote Mauritius as

an attractive base for investments and as an international financial centre5 ;b< to prepare" fund" implement and monitor programmes relating to strategies for promoting investments in Mauritius5

;c<

to

conduct

research

and

studies

in

identif$ing

investment

opportunities5

;d<

to ma'imise opportunities and arrangements for the development of all forms of investments and business activities in Mauritius5

;e<

to act as a thinA tanA in highlighting polic$ issues and maAing polic$ recommendations to ,overnment to boost investment and attain ,overnment economic objectives5

;f<

to co#ordinate multi#sectoral promotional activities and be the focal point for all investment#related promotional and marAeting activities for Mauritius5

;g<

to consider and register investment proposals from investors and self#emplo$ed persons and provide necessar$ assistance for implementation of projects5

;h<

to provide support services to investors and self#emplo$ed persons" including assistance to procure authorisations and permits re0uired for establishment and operation of enterprises and to lease or purchase real estate" for activities promoted b$ the Board of Investment5

;i<

to ensure co#ordination and cooperation between the public sector and the private sector on matters of investments and for polic$ decisions impacting on investment5

;j<

to act as the single interface with all investors and liaise with relevant authorities for the granting of occupation permits" residence permits and other relevant permits re0uired b$ the investor to operate in Mauritius5

;A<

to provide all relevant information to potential investors on an$ matter relating to investments5 and

;l<

to do such things as are incidental or conducive to the performance of an$ of its functions under this section/ Ame ded by [Act No! 2# o" 2008$

<!

Po%er* o" t'e 5oard o" I =e*tme t The Board of Investment ma$ & ;a< periodicall$ carr$ out surve$s to assess the socio#economic impact of investments registered with the Board and the general investment climate prevailing in Mauritius5

;b<

act as ,overnmentBs representative in coordinating" facilitating and implementing public#private partnership projects5

;c<

engage the services of an$ consultant" or other person" suitabl$ 0ualified to provide such services to the Board as it thinAs fit on such terms and conditions as the Board ma$ determine5

;d<

set up such technical committees as it deems fit to assist it in the discharge of its functions under this (ct5 and

;e<

do such acts and things as are incidental or conducive to the attainment of its objects/

Ame ded by [Act No! 2# o" 2008$ Ame ded by [Act No! 2+ o" 2004$; [Act No! 4, o" 2004$; [Act No! 2# o" 2008$ @! Meeti A* o" t'e 5oard ;*< The Board shall meet as often as is necessar$ but at least once ever$ three months and at such time and place" and ma$ use such medium" as the )hairperson thinAs fit/ Ame ded by [Act No! 2# o" 2008$ ;.< ;8< ;7< ;=< ;4< ;C< +! In the absence of the )hairperson at a meeting of the Board" the members present shall elect a member to act as )hairperson for that meeting/ Ever$thing authorised or re0uired to be done b$ the Board shall be decided b$ a simple majorit$ of the members present and voting/ (t an$ meeting of the Board" C members shall constitute a 0uorum/ The Board ma$ co#opt such other person as ma$ be of assistance in relation to an$ matter before the Board/ (n$ person co#opted under subsection ;=< shall have no right to vote on an$ matter before the Board/ Subject to the other provisions of this section" the Board shall regulate its meetings and proceedings in such manner as it thinAs fit/

Po%er* o" t'e Mi i*ter ;*< The Minister ma$" in relation to the e'ercise b$ the Board of an$ of its powers under this (ct" after consultation with the Board" give such directions of a general character to the Board as he considers necessar$ in the public interest" and the Board shall compl$ with those directions/ The Board shall furnish to the Minister such information with respect to its activities as he ma$ re0uire/

;.< #0!

T'e Ma aAi A 6irector ;*< There shall be a chief e'ecutive officer of the Board of Investment who shall #

;a< ;b< ;.<

be Anown as the Managing

irector5 and

be appointed b$ the Board with the approval of the Minister" on such terms and conditions as it thinAs fit/

The Managing irector shall be responsible for the e'ecution of the polic$ of the Board and for the control and management of the da$#to#da$ business of the Board of Investment/ In the e'ercise of his functions" the Managing irector shall act in accordance with such directions as he ma$ receive from the Board/ The Managing irector ma$" with the approval of the Board" delegate his functions or an$ power delegated to him under section ** to an emplo$ee/ The Managing irector shall" unless otherwise directed b$ the Board" attend ever$ meeting of the Board and ma$ taAe part in its deliberations but shall not be entitled to vote on an$ matter before the Board/

;8< ;7< ;=<

##!

6eleAatio o" :o%er* ;*< Subject to subsection ;.< and to such instructions and rules of a general nature as it ma$ give or maAe" the Board ma$ delegate to the )hairperson or the Managing irector such of its powers and functions under this (ct as ma$ be necessar$ to assist in the effective management of the Board of Investment other than the power # ;a< ;b< ;c< to borrow mone$5 to raise loans5 to enter into an$ transaction in respect of capital e'penditure which e'ceeds one million rupees/

;.< Do document shall be e'ecuted or signed b$ or on behalf of the Board of Investment" unless it is signed b$ the )hairperson and the Managing irector" or" in the absence of the )hairperson" an$ other member appointed b$ the Board for that purpose/

PART III 1 RE/ISTRATION O0 INVESTOR) SE204EMP2O3E6 PERSON) PRO0ESSIONA2 AN6 RETIRE6 NON4CITI7EN #2! ReAi*tratio o" i =e*tor) *el"4em:loyed :er*o ) :ro"e**io al a d

retired o 4citiBe ;*< (n$ investor or a self#emplo$ed person who is registered with the !egistrar of Businesses under the Business !egistration (ct .11. or

an$ professional or retired non#citi%en ma$ register with the Board of Investment provided he satisfies the appropriate criteria specified in Part I of the Schedule/ ;*(< (n$ investor under subsection ;*< shall include an investor who" prior to * October .114" would have satisfied the criteria for eligibilit$ for permanent residence permit" as specified in item * of Part III of the Schedule/ ;*B< (n$ professional under subsection ;*< shall include a non#citi%en coming to serve in ,overnment to service the public sector within the SE!@I)E TO M(-!ITI-S P!O,!(MME for a period not e'ceeding 8 $ears/ Added by [Act No! #@ o" 200@$ ;.< Ever$ application to register with the Board of Investment shall be made in such form and manner as ma$ be approved b$ the Managing ;a< irector and shall include the following information #

in the case of an investor or a self#emplo$ed person" where applicable # ;i< ;ii< the proposed investment5 the amount of investment to be transferred to Mauritius5 ;iii< ;iv< the estimated annual turnover or gross income5 and the nature of the professional activit$5

;b< ;c<

in the case of a professional" his monthl$ salar$5 in the case of a retired non#citi%en #

;i< ;ii<

the annual amount to be transferred to Mauritius5 the banA through which the transfer is to be effected5 and

;d<

an$ other information as ma$ be specified in the form of application/

;8<

Ehere the Board of Investment is satisfied that the applicant 0ualifies for registration under this section" the Managing irector shall register the applicant and issue a registration certificate on such terms and conditions as ma$ be determined b$ the Board/

;7<

Ever$

holder

of

registration

certificate

issued

under

subsection ;8< shall" at all times" satisf$ the appropriate criteria specified in Part I or III of the Schedule or the re0uirement of section =(;=((< of the Immigration (ct/

Ame ded by [Act No! #@ o" 200@$; [Act No! 28 o" 20#2$ #2A! ;*< Mo itori A com:lia ce The Ministr$ shall" together with the (uthorit$ and the Board of Investment" monitor compliance for the purposes of section *.;7< of this (ct and section =(;=((< of the Immigration (ct/ ;.< The Board shall" pursuant to subsection ;*<" act" where applicable" in accordance with section *=/ ;8< In this section & 2(uthorit$3 has the same meaning as in the Mauritius !evenue (uthorit$ (ct/ Added by [Act No! 28 o" 20#2$ #,! Re:ealed by [Act No! # o" 200+$

#4! #&!

Re:ealed by [Act No! #< o" 200<$ 6ereAi*tratio o" :er*o * ;*< Ehere the Board has reason to believe that a person registered under section *. # Ame ded by [Act No! #4 o" 200+$ ;a< has given in his application for registration" an$ information" document or particulars which is false or misleading in an$ material particular5 ;b< has contravened the Immigration (ct under which an occupation permit" residence permit or permanent residence permit has been issued to him5 ;c< no more satisfies the criteria and conditions of his registration5 ;d< has acted in such a wa$ as to tarnish the good repute of Mauritius5 ;e< is acting or has acted in contravention to an$ laws of Mauritius" the Board ma$" b$ written notice" re0uire the person to show cause" within 81 da$s of the date of service of the notice" wh$ he should not be deregistered and his occupation permit" residence permit or permanent residence permit" as the case ma$ be" should not be revoAed" and where the Board is satisfied that" having regard to all the circumstances of the case" it is e'pedient to do so" it shall deregister the person and notif$ the immigration officer to cancel the

occupation permit" residence permit or permanent residence permit" as the case ma$ be" of the person/ ;.< Ehere a registered investor or self#emplo$ed person intends to cease his activities in Mauritius" he shall immediatel$ give notice in writing thereof to the Managing ;8< irector for deregistration/

Ehere a registered investor or self#emplo$ed person who is a non# citi%en is deregistered under subsection ;*<" the occupation permit" residence permit or permanent residence permit" as the case ma$ be" shall lapse immediatel$/

;7<

(n$ investor or self#emplo$ed person who fails to compl$ with subsection ;.< shall commit an offence/

Ame ded by [Act No! 2# o" 2008$ PART IV 1 IRS CERTI0ICATE) RES CERTI0ICATE IHS CERTI0ICATE) AN6 0REEPORT CERTI0ICATE 4 Ame ded by [Act No! #< o" 200<$; [Act No! #4 o" 200+$ #8! A::licatio "or IRS certi"icate or RES Certi"icate or IHS certi"icate
(1) (n$ person who intends to engage in activities regulated under the !eal

Estate evelopment Scheme or Invest :otel Scheme prescribed under this (ct shall appl$ to the Managing irector for an I!S irector/ certificate" a !ES certificate or an I:S certificate" as the case ma$ be" in such form and manner as ma$ be approved b$ the Managing Ame ded by [Act No! #< o" 200<$; [Act No! #4 o" 200+$ ;.< Ehere the Managing subsection ;*<" he shall # ;a< apprise the Board of the application5 irector receives an application under

;b<

communicate a cop$ of the application to the relevant Ministries and Aeep the Ministries concerned informed of an$ matter concerning the consideration and outcome of the application5 and

;c< Ame ded by [Act No! #< o" 200<$ #<!

cause the application to be processed in accordance with this Part/

Tec' ical Committee ;*< The Board ma$ set up such technical committee as ma$ be necessar$ to e'amine and report on an application for an I!S certificate a !ES certificate or an I:S certificate and facilitate its implementation/

Ame ded by [Act No! #< o" 200<$; [Act No! #4 o" 200+$ ;.< The members of the technical committee shall" when appropriate" include one or more officers of a public sector agenc$ 0ualified" or having e'perience in the subject matter of the application/ ;8< ( technical committee # ;a< shall meet as often as ma$ be necessar$ and at such time and place as the )hairperson of the committee thinAs fit5 ;b< ;c< shall meet when re0uired to do so b$ the Board5 and shall" subject to the other provisions of this section" regulate its meetings in such manner as it thinAs fit/ ;7< ( technical committee shall submit its report within such time as ma$ be fi'ed b$ the Board and the report shall contain the observations"

comments and recommendations of the technical committee on an$ matter referred to it b$ the Board/ Ame ded by [Act No! #< o" 200<$ #@! I**?e o" IRS certi"icate RES certi"icate or IHS certi"icate

Ame ded by [Act No! #< o" 200<$; [Act No! #4 o" 200+$ Ehere the Board considers that the investor has satisfied the re0uirements of the !eal Estate evelopment Scheme prescribed under this (ct for the issue of an I!S certificate a !ES certificate or an I:S certificate" it shall" within 81 da$s of the date of receipt of the application under section *4" approve the scheme and issue an I!S certificate a !ES certificate or an I:S certificate on such terms and conditions as the Board ma$ determine/ Ame ded by [Act No! #< o" 200<$; [Act No! #4 o" 200+$ #@A! A::licatio "or "ree:ort certi"icate ;*< (n$ person who intends to engage in activities regulated under the Freeport (ct .117 shall appl$ to the Managing Managing irector/ irector for a freeport certificate" in such form and manner as ma$ be approved b$ the Ame ded by [Act No! #< o" 200<$ ;.< Ever$ application under subsection ;*< shall be dealt with in accordance with the Freeport (ct .117/ Ame ded by [Act No! 2# o" 2008$; [Act No! #< o" 200<$

PART IVA 1 59SINESS 0ACI2ITATION AN6 P952IC4PRIVATE PARTNERSHIP #@5! 0acilitatio by 5oard o" I =e*tme t

;*<

(n$ registered investor or self#emplo$ed person ma$ re0uest the Board of Investment to provide assistance" support" coordination and cooperation with public sector agencies to facilitate and implement his project or business/

;.<

On receipt of a re0uest under subsection ;*<" the Board of Investment # ;a< ma$ give such directions as ma$ be re0uired to e'pedite the processing of applications" to relevant public sector agencies in accordance with relevant guidelines5 ;b< shall ensure that an$ application made for a permit or authorisation is processed within the time limit set b$ the public sector agenc$5 ;c< ma$ convene committees and meetings with public sector agencies to facilitate and coordinate the implementation of projects b$ registered investors or self#emplo$ed persons/

;8<

The guidelines referred to in subsection ;.<;a< shall be & ;a< available for consultation at the office of the public sector agenc$ and the Board of Investment5 and ;b< posted on the website of the Board of Investment/

#@C!

P?blic4Pri=ate Part er*'i:* Dotwithstanding the Public#Private Partnership (ct .117" the Board of Investment ma$ act as a coordinator and facilitator between the Public# Private Partnership -nit and the private sector for the assessment of a

public#private partnership project" its implementation" development and monitoring/ Ame ded by [Act No! 2+ o" 2004$; Added by [Act No! 2# o" 2008$

PART V 1 A6MINISTRATION #+! A::oi tme t o" em:loyee* ;*< The Board of Investment ma$ appoint on such terms and conditions as it thinAs fit such emplo$ees as ma$ be necessar$ for the proper discharge of its functions under the (ct/ Ever$ emplo$ee shall be under the administrative control of the Managing irector/

;.< 20!

Co ditio * o" *er=ice o" em:loyee* The Board ma$ maAe provision" in such form as it ma$ determine" to govern the conditions of service of emplo$ees and" in particular" to deal with # ;a< ;b< ;c< the appointment" dismissal" discipline" pa$ and leave of" and the securit$ to be given b$" emplo$ees5 appeals b$ emplo$ees against dismissals or other disciplinar$ measures5 and the establishment and maintenance of provident and pension fund schemes and the contributions pa$able to and the benefits recoverable from those schemes/

2#!

/e eral 0? d ;*< The Board of Investment shall establish a ,eneral Fund# ;a< into which shall be paid# ;i< ;ii< all donations" contributions and grants received b$ the Board5 an$ charge or fee as ma$ be prescribed5 and

;iii< an$ other sum which ma$ lawfull$ accrue to the Fund5 ;b< ;.< out of which all pa$ments re0uired to be made b$ the Board shall be effected/

The Board of Investment ma$" in the discharge of its functions" charge to the ,eneral Fund all remunerations" allowances" salaries" bonus" fees" gratuities" pensions" superannuation fund contributions and worAing e'penses or other charges properl$ arising/

22!

6i*clo*?re o" i tere*t

;*< Ehere an$ member of the Board" the technical committee or the Managing irector or their spouse or ne't of Ain has an$ direct or indirect interest in relation to an$ matter before the Board or committee" as the case ma$ be" he shall # ;a< disclose at or before the meeting convened to discuss that matter" the nature of his interest5 and ;b< not taAe part in an$ deliberation or an$ decision#maAing process in relation to that matter/ ;.< ( disclosure of interest made under this section shall be recorded in the minutes of the Board or committee" as the case ma$ be/

2,!

Co "ide tiality ;*< Subject to the other provisions of this section" ever$ member of the Board" the technical committee or the Managing irector or emplo$ee of the Board shall maintain during or after his relationship with the Board of Investment" the confidentialit$ of an$ matter relating to this (ct which comes to his Anowledge/ E'cept for the purposes of administering this (ct" no member or person referred to in subsection ;*< shall communicate to an$ unauthorised person an$ matter relating to this (ct/ The Board ma$ give public notice# ;a< ;b< with the consent of the applicant" of the particulars of his application5 or of the particulars of an I!S certificate" a !ES certificate" an I:S certificate or a freeport certificate/ Ame ded by [Act No 2# o" 2008$; [Act No! #< o" 200<$; [Act No! #4 o" 200+$

;.<

;8<

;7<

(n$ person who" without lawful e'cuse" contravenes subsection ;.< shall commit an offence and shall" on conviction" be liable to a fine not e'ceeding =1"111 rupees and to imprisonment for a term not e'ceeding . $ears/

24!

Ce**atio or tra *"er o" b?*i e** Ehere a holder of a certificate under this (ct or the Freeport (ct .117# ;a< ;b< ;c< being an emplo$er of not less than *1 emplo$ees" intends to reduce the number of emplo$ees in his emplo$ment either temporaril$ or permanentl$5 intends to cease activities at an$ of his places of business5 or intends to cease or transfer his business"

he shall immediatel$ give notice in writing thereof to the Managing and to the relevant Ministr$/ Ame ded by [Act No! #@ o" 200,$; [Act No! 2# o" 2008$ 2&! 9*e o" com:?ter *y*tem ;*< ;a< Dotwithstanding the other provisions of this (ct and an$ regulations made thereunder" the Managing irector ma$ #

irector

authorise an application for an$ application for a certificate under this (ct or the Freeport (ct .117 and the issue of an$ such certificate or an application for a relevant permit5 and Ame ded by [Act No! 2# o" 2008$

;b<

direct the performance of an$ act or thing which is re0uired to be done under this (ct or an$ regulations made thereunder" to be made or done b$ such electronic or other technological means as ma$ be approved b$ him/

;.<

-nless otherwise authorised" the Managing irector ma$" with effect from such date as ma$ be notified in the ,a%ette" direct that an$ matter" act or thing referred to in subsection ;*< shall be made or done b$ electronic or other technological means/ PART VI 1 MISCE22ANEO9S

28!

Imm? ity Do liabilit$" civil" or criminal" shall lie against an$ member of the Board" the technical committee or the Managing irector or emplo$ee or the Board of Investment in respect of an$ act done or omitted to be done b$ the member" emplo$ee or the Board of Investment in the e'ecution" in good faith" of his or its functions under this (ct/

2<!

O""e ce* a d :e altie* ;*< (n$ person who contravenes this (ct or an$ regulations made thereunder shall commit an offence and shall" on conviction" be liable to a fine not e'ceeding *11"111 rupees and to imprisonment for a term not e'ceeding 8 $ears/ (n$ person who" for the purposes of this (ct" gives an$ information" particulars or documents or maAes an$ statement which is false or misleading in an$ material particular shall commit an offence and shall" on conviction" be liable to a fine not e'ceeding =11"111 rupees and to imprisonment for a term not e'ceeding = $ears/

;.<

2@!

ReA?latio * ;*< The Minister ma$#

;a< ;b< ;.< 2@A!

maAe such regulations as he thinAs fit for the purposes of this (ct5 and b$ regulations" amend the Schedules/

(n$ regulations made under this section ma$ provide for the lev$ing of fees and taAing of charges/

I =e*tme t Promotio a d Protectio AAreeme t ;*< The Minister ma$" subject to the other provisions of this (ct or an$ other enactment" enter into arrangements or agreements for the promotion and protection of investments b$ citi%ens of Mauritius in the territor$ of other States and b$ investors of other States in Mauritius/ ;.< The Minister ma$ maAe such regulations as he thinAs fit to give effect to an$ arrangement or agreement entered into under subsection ;*</ Added by [Act No! 2+ o" 2004$; [Act No! #4 o" 200&$ 2@5! Sa=i A* ;*< (n$ investment certificate issued under the repealed Part III and in force on the date immediatel$ before the coming into operation of the Business Facilitation ;Miscellaneous Provisions< (ct .114 shall be deemed to be a registration certificate issued under Part III of this (ct/ ;.< (n$ investment certificate in respect of an Integrated !esort Scheme issued under this (ct" or a freeport certificate issued under the Freeport (ct .117" and in force on the date immediatel$ before the coming into operation of the Business Facilitation ;Miscellaneous Provisions< (ct .114 shall be deemed to be an I!S certificate or a freeport certificate under this (ct/ Added by [Act No! 2# o" 2008$

2+!

Co *eC?e tial ame dme t* ;*< The :ealth evelopment )ertificate (ct *99. is amended # ;a< in section .# ;i< ;ii< b$ deleting the definitions of 6applicant6 and 6certificate6F b$ inserting in its appropriate alphabetical order the following new definition# 2investment certificate6 means an investment certificate issued under the Investment Promotion (ct .1115 ;b< b$ deleting section 8 and replacing it b$ the following section # 8/ (pplication for investment relating to health services ;*< Ever$ application for investment relating to health services shall be made in accordance with the Investment Promotion (ct .111/ ;.< Ehere an application has been made pursuant to subsection ;*<" the provisions of the Investment Promotion (ct .111 shall be construed with such modifications" adaptations" 0ualifications and e'ceptions as ma$ be necessar$ to bring them in conformit$ with the provisions of this (ct/

;c< ;d<

b$ repealing sections 7" =" 4" *4 and *C5 in section C" in subsection ;8<" b$ deleting the words 6the Minister ma$ deliver certificates to pol$clinics6 and replacing them b$ the words 6the Minister ma$ in writing authorise pol$clinics6/

;.<

The :otel Management ;Incentives< (ct *9+. is amended # ;a< in section .# ;i< ;ii< in the definition of 6approved hotel development6" b$ deleting the word 6Minister6 and replacing it b$ the word 6Board of Investment65 b$ deleting the definition of 6certificate65

;iii< b$ inserting in their appropriate alphabetical order" the following new definitions # 6Board of Investment6 means the Board of Investment established under the Investment Promotion (ct .1115 6investment certificate6 means an investment certificate issued under the Investment Promotion (ct .1115

;b<

b$ deleting section 8 and replacing it b$ the following section# 8/ (pplication for investment relating to hotel development ;*< Ever$ application for investment relating to hotel development shall be made in accordance with the Investment Promotion (ct .111/ Ehere an application has been made pursuant to subsection ;*<" the provisions of the Investment Promotion (ct .111 shall be construed with such modifications" adaptations" 0ualifications and e'ceptions as ma$ be necessar$ to bring them in conformit$ with the provisions of this (ct/

;.<

;c< c

b$ repealing sections 7" = and +/ d ;8< The Industrial E'pansion (ct l998 is amended# ;a< in section . # ;i< b$ deleting the definitions of 6applicant6 and 6certificate65 ;ii< b$ inserting in their appropriate alphabetical order the following new definitions # 6Board of Investment6 means the Board of Investment established under the Investment Promotion (ct .111" 6investment certificate6 means an investment certificate issued under the Investment Promotion (ct .1115 ;b< b$ deleting section 8 and replacing it b$ the following section# 8/ (pplication for investments ;*< Subject to the other provisions of this section" ever$ application for investment in an$ sector or industr$ regulated b$ this (ct shall be made in accordance with the Investment Promotion (ct .111/ Ehere an application has been made pursuant to subsection ;*<" the provisions of the Investment Promotion (ct .111 shall be construed with such modifications" adaptations" 0ualifications and e'ceptions as ma$ be necessar$ to bring them in conformit$ with the provisions of this (ct/

;.<

;8<

The provisions of this section shall not appl$ to a small and medium enterprise/

;c< b$ repealing sections 7" =" 4" +" *=" .8" .=" .+ and 885 ;d< ;e< in section *." b$ adding immediatel$ after the words 2ma$"6 the following words 6on recommendations of the Board of Investment" and65 b$ inserting immediatel$ after section 89" the following new section & 89(/ Savings

Dotwithstanding the repeal of sections 7" =" 4" +"*=" .8" .=" .+ and 88" the provisions of those sections shall remain in force and shall be construed in relation to a small and medium enterprise with such modifications" adaptations" 0ualifications and e'ceptions as ma$ be necessar$ to bring them in conformit$ with the provisions of this Part/ ;7< The Mauritius E'port amended# ;a< evelopment and Investment and (uthorit$ (ct *9+8 is

b$ deleting the words 6Mauritius E'port evelopment and Investment (uthorit$6 wherever the$ appear and replacing them b$ the words 6Mauritius Industrial evelopment (uthorit$65 in section 7 # ;i< b$ deleting paragraph ;b<" the e'isting paragraphs;c<" ;d< and ;e< being relettered ;b<" ;e< and ;d< respectivel$5 ;ii< in paragraph ;c< as relettered" b$ deleting the word 6investment65 and

;b<

;iii< in paragraph ;d< as relettered" b$ deleting the words 6and investment6/ ;=< The Statutor$ Bodies ;(ccounts and (udit< (ct is amended in Part II of the Schedule" b$ inserting in its appropriate alphabetical order the following new bod$ # Board of Investment ,0! Tra *itio al :ro=i*io * (n$ application pending at an$ Ministr$ or at the Mauritius E'port evelopment and Investment (uthorit$ and which would fall within the scope of this (ct on its coming into operation shall be dealt with as if it were an application for an investment certificate made under this (ct/ ,#! Re:eal a d *a=i A*

;*<

Subject to subsection ;.<" the following enactments are repealed ;a< ;b< ;c< the Board of Investment (ct .1115 the evelopment Incentives (ct5 and the evelopment Incentives ;Tourism< !egulations*9+7/

;.<

Dotwithstanding the repeal of the enactments specified in subsection ;*< ## ;a< the members of the Board of Management and the Managing irector appointed under the repealed enactment referred to in subsection ;*<;a< shall be deemed to have been appointed respectivel$ under sections 7 and *1 of this (ct5 an$ certificate issued and in force under the repealed enactments referred to in subsection ;*<;b< and ;e< on the da$ immediatel$ before the coming into operation of this (ct or an$ act or thing done under those enactments shall be deemed to have been issued or done" under this (ct" as the case ma$ be" and an$ such certificate shall remain valid for the period specified in the certificate/

;b<

;8<

(n$ certificate issued under# ;a< ;b< ;c< the :otel Management ;incentives< (ct *9+.5 the :ealth evelopment )ertificate (ct *99.5 and

the Industrial E'pansion (ct *998 other than under Part @III" and in force on the da$ immediatel$ before the coming into operation of this (ct shall be deemed to have been issued under this (ct and shall remain valid for the period specified in the certificate/ (n$ registration of a compan$ under the repealed section *8 and in force on the date immediatel$ prior to . Februar$ .119 shall be deemed to have lapsed on . Februar$ .119/

;7<

Added by [Act No! # o" 200+$

,2!

Comme ceme t Proclaimed by [Proclamatio No! 2 o" 200#$ %!e!"! #&t' Marc') 200# (Part III) Part IV) *ectio * 2+) ,0) a d ,#(#- (b- a d (c-) 2(b-. (,- -

0IRST SCHE692E (*ectio * 2 a d #2Ame ded by [Act No! #< o" 200<$ PART I 4 CRITERIA 0OR RE/ISTRATION */ Investor ;compan$ onl$< Initial investment of -S foreign currenc$ (nnual turnover e'ceeding 7 million rupees #A/ Investor who is an Initial investment e'ceeding -S *11"111 or its e0uivalent in freel$ convertible foreign currenc$ ./ Self#emplo$ed person Initial investment of -S 8="111 or individual *11"111 or

its e0uivalent in freel$ convertible

its e0uivalent in freel$ convertible foreign currenc$ at the time of issue of occupation permit Engaged in services sector onl$ (nnual income e'ceeding 411"111 rupees 8/ Professional in & Monthl$ salar$ e'ceeding 81" 111 rupees

(a) Information and

)ommunication Technologies ;I)T< sector or Business Process Outsourcing

;BPO< sector ;i< Monthl$ ;b< an$ other sector -S in salar$ e'ceeding hard foreign e'ceeding 8"111 or its e0uivalent an$ other

convertible currenc$5 or ;ii< Monthl$ salar$ 7="111 rupees 7/ !etired non#citi%en Transfer of at least -S

71"111 or

its e0uivalent in freel$ convertible foreign currenc$ at the time of issue of residence permit Thereafter" annual transfer of at least -S 71"111 or its e0uivalent in freel$ convertible foreign currenc$ Re:ealed . Re:laced by [/N No! <2 o" 20#0$ Ame ded by [Re:ri t No! , o" 20#0$; [/N No! 22+ o" 20#0$; [/N No! 20, o" 20##$; [Act No! 28 o" 20#2$ PART II 1 E actme t* */ ./
3.

Freeport (ct .117 Investment promotion ;Integrated !esort Scheme< !egulations .11. Investment Promotion ;Film !ebate Scheme< !egulations .1*8/

Ame ded by [/N No! &@ o" 20#,$

PART III 4 CRITERIA 0OR E2I/I5I2IT3 0OR PERMANENT RESI6ENCE PERMIT */ Investor ;compan$ onl$< Individuals activel$ involved in the

management of the compan$ and holder of an occupation permit (nnual turnover e'ceeding *= million rupees ./ Self#emplo$ed non#citi%en :older of an occupation permit (nnual income e'ceeding 8 million rupees Ame ded by [Re:ri t No! , o" 20#0$ Re:ealed . Re:laced by [/N No! <2 o" 20#0$ #Ame ded by [/N No! #02 o" 200#$; [/N No! ##+ o" 2002$; [/N No! #4@ o" 2002$;
2[Act No! 2+ o" 2004$; [Act No! 4, o" 2004$; [Act No! 20 o" 200&$; [/N No! ,2 o" 200&$;

[Act No! 2# o" 2008$; [Act No! #< o" 200<$; PART IV 1 ACTIVIT3 (gro#based industr$ (udio#visual" cinema and communication BanAing )onstruction Education Environment#friendl$ and green energ$ products Financial services Fisheries and marine resources Freeport :ealth care Information technolog$ Infrastructure Insurance >eisure Manufacturing Marina development

Tourism Earehousing Added by [Act No! 28 o" 20#2$

SECON6 SCHE692E Re:ealed by [Act No! 2# o" 2008$ Ame ded by [/N No! #4@ o" 2002$