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You are an experienced Forwarding agent and currently advising your new
customers on Importing and Exporting goods within Mauritius.
a) Use five Regulations as per Customs Act 1988 to advise which goods that
can imported or exported in Mauritius.
Sections (62, 63, 64, 65, and 66) of Part VI in Customs Ac 1988 explain the regulation
of forbidden products. There are certain things that cannot be imported or exported
because they are prohibited by the government. These sections take into account all
of the conditions that will result in the particular item being banned from the
national market. Exports will be less reliant on Mauritius customs regulations,
because determining whether a commodity is prohibited will mostly depend on the
destination country's customs laws. However, in specific cases due to enactment (see
section 64); export may be prohibited due to a certain restriction imposed by
government legislation. These types of goods restricted for export are seen in MRA’s
consumer protection regulation 2000 and they are rice, Wheat or Meslin flour, Sand,
Limestone, Cement, Textiles and textile-articles for export to USA and Canada, and
Rough diamonds.
As per section 63, (a) it stipulate that counterfeit coin are considered as prohibited by
the country and (b) that taking the trademark or brand identity, name, address of
another company to ascribe it to another product to benefit from specific character of
the product manufacture.
(c) Prohibited imports also consider a prohibition because the government is passing
legislation on the imported good.
In section 65, it stipulates that goods with other destination outside Mauritius cannot
be imported in Mauritius rather on the port or on the airport if the good are specified
on the manifest, are not transshipped or landed in Mauritius or are transshipped or
landed by the concern authority.
The section 66 shows that imported goods has an imposed restriction and condition
based under any enactment and if the violating the specific condition and restriction,
the import will have to be prohibited. One basic example of restricted import as per
the consumer protection regulations 2020 is food products, it states clearly that no
person is agreed to import foods if the foods product does not have at least 50% shelf
life based on the estimated time of the shipment. These food products under this
restriction are canned pulses, chili sauces, dairy drinks, flavored milk, margarine,
pickles, soya sauces, spread, tomato sauces and yoghurt.
b) A multinational company is willing to establish its business operation in
Mauritius in the Free Trade Zone. Discuss the incentives that Mauritius
provide to companies willing to operate in FTZ and list five drawbacks of
such initiatives.
A Free Trade Zone is exactly a special economic zone. In this type of zone, goods are
exempt from duties, stored, handled, manufactured, reconfigured, assembled,
imported and exported under customs regulations. They offer warehousing,
transhipment, re-export operation and distribution facilities. Mauritius’s free trade
zone legislation several fiscal and non-fiscal incentives for multinational companies
and other business types. The first incentive is the zero percent corporate tax. A
corporate tax is a tax impose by the government on the income of a company.
Therefore, tax burden is reduced and increasing the profit of the company. It is also
advantageous to the economy of the country with zero corporate tax on FTZ because
it create employment, boost economic growth and attract more investors. The major
drawbacks of such policy (incentive) will be that it may be consider as a shortfall for
the country. In fact, having zero corporate tax could lead to a loss in public revenue
of the country and if we take into account the public which to have been said by
CEIC to have mounted to 366,678.050 MUR million in March 2023.
Preferential markets access is another incentives brought by FTZ to companies.
Preferential market access is a market opening because of establish free trade
agreement. This help transpass the market barrier. In fact, trade agreement has
permit Mauritius export to attain European Union and United States and this was
done through the two agreements, which are Interim Economic Partnership
Agreement and Africa Growth and Opportunity Act (AGOA).
In addition, Mauritius has a preferential opening market on the Eastern and
Southern Africa through the agreements between the Common Market for Eastern
and Southern Africa (COMESA) and Southern Africa Development Community
(SADC).
These agreements actually give incentive for multinational companies to attain other
markets more directly. The major drawback will be that MNC could engulf the
preferential market access because they do have better experience on how to
integrate market easily and, therefore, killing Mauritius’s export. In fact, this will be
mostly dependent on the type good produce on free trade zone by the MNC and the
goods exports from Mauritius. It will be danger if ever the MNC become a
competitor.
A third incentive is the availability and accessibility of offshore banking facilities.
Having offshore banking is a critical factor for MNC’s and it is any banking operate
in the home country and outside the country. The major advantage to the
accessibility of offshore banking is that it ease the financial transactions and
operations. There is also set up of financial holding companies, they offer services
that are more varied than banking itself. They operate as an advisor when it comes
investment and they do focus on insurance underwriting, securities dealing, and
merchant banking.
c) The multinational company wants to use a bonded warehouse for its
imports. Apply Five (5) roles of a bonded warehouse by describing its
characteristics mentioned under Section 65 of the Customs Act 1967.
Five major roles of a bonded warehouse are re-packing, re-labeling for import goods,
devanning, consolidation / LCL, entrepot. The role of re-packing refer to putting
goods or items together (into sets) for protection during transportation and storage.
In important to emphasize marketing packaging differs from logistics packaging.
Logistics packaging are more adequate for every types of warehouse, and provide
safety and security.
Re-labelling consider to input new information (new label) on product before it
penetrate the market. The distributor does a well-revised plan or importer before
these products are released in the local markets.
The role of devanning at bonded warehouse explain that an importer has right to sell
its goods direct to the wholesaler despite the duties are yet paid.
Bonded warehouse plays role of consolidation, in fact, consolidation is mostly
undertake from licensed warehouse, bonded warehouse and free zone.
Consolidation is the process through which a carrier or shipping business merges
multiple smaller shipments into one big container.
Entrepot or a transshipment port is a port, city, or trading station where goods are
imported, stored, or traded before being ship again.
2. You have been working at Mauritius Customs Brokers Ltd as Clearing Officer
and you have been assigned to clear the 2 * 20”Ft of Basmati Rice for
Supreme Cargo Ltd from India. The Consignment will reach Port Louis on
30th May 2023 from Port of Karachi, Pakistan. The Terms of trade is on CIF
basis
i. Build up the documents required for clearing of this cargo.
iii. Produce a flowchart of the Clearing process with all possible outcomes.
Customs Brokers emit
a notice of arrival to all
customs
Submit/original
Bill of lading
with the notice of
arrival
Customs Declaration
bill of entry
Cargo detail (size&dimension)
Upload necessary document
Bill of lading
Commercial Invoice
Packing list
Customs
Examination
Risk Assesment
and Security
Release and
Delivery
References
1. Mauritius Public Debt: Domestic | Economic Indicators | CEIC
(ceicdata.com)
2. SelectedProhibitedGoods.pdf (mra.mu)
3. CUSTOMS ACT 1988 (mra.mu)
4. The Mauritius Freeport - Mauritius Trade Easy - Expanding markets and
Facilitating compliance