Muaritius mcci

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About The MCCIHistory

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 thesocio-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
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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.


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RULES OF THE MCCI

This Chamber, formed on the twenty second day of January one

thousand eight hundred and fifty and incorporated by ROYALCHARTER 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 - DisciplineARTICLE IV General Meetings Of Members - Proceedings At Such

General Meetings

ARTICLE V Execution Of Documents And Signing Of Cheques


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ARTICLE VI Legal Actions And Proceedings

ARTICLE VII Inspection Of Books And Accounts

ARTICLE VIII 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.


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PRESIDENT AND VICE-PRESIDENTmean the President and Vice-

President 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 GeneralMeeting, 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


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COUNCIL MEMBER means a member of the Council

GROUP as the meaning ascribed to it under Article II sub-

paragraph 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


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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 activitiesof the Mauritian economy.


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(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 andother persons to that end, if necessary or desirable.


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(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.

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ARTICLE II

MEMBERSHIP SUBSCRIPTIONS

1. MEMBERSHIP


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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 membersof 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.


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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 calendarmonths.

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


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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 mayaccept 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.

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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


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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 thedate of their appointment


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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.


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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.


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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-optedmembers 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 nominationof 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 purposeof 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 re-

nomination.


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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 succeedingelections, 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 andthings 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


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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 aperiod 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.


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5.2 The Council shall also be convened at any time by the Secretary-

General 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 threeMembers 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


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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 inmore than two such Committees.


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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 thelatter 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


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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 beregulated 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


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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 Meetingsby 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 dailynewspaper 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 (ofwhich the President shall be the sole judge) the Council Meeting

may be called at shorter notice;


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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 theMCCI. 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 annualaccounts and the Auditors report thereon;.


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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.


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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 Secretary-

General 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.


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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, eachfurnish 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


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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 amember of the Council.


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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 anAppeal 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, shalldeem 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.


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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


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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 explanationregarding 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


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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 beprepared 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


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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 whenrequired 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,


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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


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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;


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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 beproposed and debated at the said Meetings, provided that the text of

the proposed resolution be handed over in writing to the Secretary-

General 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 GeneralMeetings. 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 theExtraordinary or Special Meeting as set out in paragraph 9 (a) of

ARTICLE III.


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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 orcasting 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 Secretary-

General 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.


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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 mybehalf 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 howeverrequire 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.


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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 tothe 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


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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 twosignatures.

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 Vice-

President 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


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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 ofAssociation 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.


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Organization

2012-2013

Council

Members

PRESIDENT VICE-PRESIDENT

Mr. Cdric De

Spville (Industry Group)

Mr. Ganesh Ramalingum (ICT Group)

Avipro Co. Ltd.

Gentilly

Moka

OTAM

c/o The MCCI

3, Royal Street

Port-Louis

A. INDUSTRY GROUP

Mr. Vincent de Labauve

dArifatAssociation of MauritianManufacturersC/o The MCCI3, Royal StreetPort-Louis

Mr. Sbastien Mamet

Harel Frres Ltd.18, Edith Cavell Street

Port Louis

Mr. Marday Venkatasamy

Filao Lte.

Public RoadRiche Terre

B. COMMERCE GROUP

Mr. Marc Ah ChingRogers & Co. Ltd.5, President John KennedyStreet

Port-Louis

Mr. Nicolas Merven

Ireland Blyth Ltd.

IBL House

Caudan

Port-Louis

Mrs. Helne

Echevin

Pick N Eat

GentillyMoka

Mr. Kiran Juwaheer

VIVO Energy Mauritius Ltd.

Cemetery Road

Roche Bois

C. FINANCIAL SERVICESGROUPMr. Mohammad Ashraf EsmaelThe Mauritius LeasingCompany Ltd.25, Pope Hennessy Street

Mrs. Aisha TimolMauritius Bankers AssociationLevel 15, Newton TowerSir William Newton Street


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Port-Louis Port-Louis

D. TOURISM GROUP

Mr. Jocelyn KwokAssociation des Hteliers etRestaurateurs - Ile Maurice(AHRIM)

5th Floor, Barkly WharfPort Louis

E. LOGISTICS GROUP

Prof. Donald Ah ChuenUnion Shipping Ltd.2nd Floor, ABC CentreMilitary RoadPort-Louis

F. PROPERTYDEVELOPMENT GROUPMr. Purusram UjoodhaShandi Estateman Co. Ltd.Ofiice 102,1st Floor, SterlingHouse9 -11, Lislet Geoffroy StreetPort Louis

G. OTHER BUSINESS SERVICES GROUPMrs. Patricia Day-HookoomsingConsultancy Co. Ltd.1st Floor, Regency Square4 Cnr. Conal & Mc. IrvineStreetsBeau Bassin

Mrs. Anuradha Appadoo

Association Mauricienne des

Femmes Chefs dEntreprise

c/o Dale Carnegie Training

26, Corner Capucines and

Goyaviers

Quatre-Bornes

AFFILIATED ASSOCIATIONS (Permanent Seats)Mr. Shehzad AhmedMauritius Chamber ofMerchantsc/o Abdullasonco Ltd.Louis Pasteur StreetPort-Louis

Mrs. N. SunasseeIndian Traders Associationc/o S. SunasseeSir William Newton StreetPort-Louis

Mr. Kwet Cheong Li Kwong KenChinese Chamber of CommerceSuite 206, Jade CourtJummah Mosque StreetPort Louis

IN ATTENDANCE

Mr. Raj MakoondJoint Economic CouncilPlantation HousePort-Louis

Mr. Azad JeetunMauritius Employers FederationMEF-MCCI BuildingEbene Cyber CityEbene

CO-OPTED

MEMBERS


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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.


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The Future

Alongside its fundamental role which is the defence of the interestsof 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.


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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..

MRARegistration with the Mauritius Revenue Authority is compulsory

for companies with an annual turnover exceeding Rs. 2 million.


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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 (alsocalled 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


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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,orB/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 havebeen received for export and/or import.


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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 originatefrom 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 originIOC Certificates of origin

Pakistan-Mauritius PTA Certificate of origin


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Local Trade Legislation

1. The Consumer Protection (Price and Supplies Control)

Act

This Act makes provision for the control of trading practices andprices 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 Mark-

Up) 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)


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Consumer Protection (Scrap Metal) Regulations 2007

Laser Pointers (Safety) Regulations 2007

Plastic and Polyethylene Pipes and Fittings (MauritiusStandard 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 orconfuse 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


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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


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5. The Customs Act

The Customs Act 1998 establishes the legal framework for thecollection 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 Actestablishes the legal framework for the administration of the value

added tax and its modes of payments and returns.


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The Value Added Tax Act 1998

The Value Added Tax Regulations 1998

The VAT (Solidarity Levy) Regulations 2006


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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


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Madagascar

Malawi

Mauritius

Rwanda

Sudan

Zambia

Zimbabwe

COMESA (Group II) Non-FTA Member States

Angola

Republic of Congo

Eritrea

Ethiopia

Seychelles

Swaziland

Uganda


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FACTS & FIGURES (2010)

Area (km2) Population Total GDP Per Capita Imports Exports

12 Million + 400 Million US $ 406 Billion US $ 1,811 US$ 96 Billion 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 tariffreduction 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 foreignmaterials should not exceed 60% of the total cost of all materials used in theirproduction; or

The value added resulting from the process of producing the goods from imported materialsshould 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 underwhich they were imported (CTH rule).

Note


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

TheCOMESA CTH Ruleis applicable only for a limited number of products and the list ofprocesses 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 theCOMESAProcedures 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 ofthe Ministry of Industry, Commerce and Consumer Protection:

Commerce Division

4th Floor, Anglo Mauritius BuildingIntendence Street

Port Louis

Tel: (230) 201 1072Fax: (230) 208 7325Email:[email protected]

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 forcesto 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 onwww.tradebarriers.org. Operators can directly

report and monitor the resolution of barriers encountered in the COMESA, EAC and SADCregions. 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, publicofficials, 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 bereported on the system. Once the complaint is registered in the database, it is logged with a
http://www.mcci.org/Photos/comesacthrule.pdfhttp://www.mcci.org/Photos/comesacthrule.pdfhttp://www.mcci.org/Photos/comesacthrule.pdfhttp://www.mcci.org/Photos/comesarulesoforginmanual.pdfhttp://www.mcci.org/Photos/comesarulesoforginmanual.pdfhttp://www.mcci.org/Photos/comesarulesoforginmanual.pdfhttp://www.mcci.org/Photos/comesarulesoforginmanual.pdfmailto:[email protected]:[email protected]:[email protected]://commerce.gov.mu/http://commerce.gov.mu/http://commerce.gov.mu/http://www.tradebarriers.org/http://www.tradebarriers.org/http://www.tradebarriers.org/http://www.tradebarriers.org/http://commerce.gov.mu/mailto:[email protected]://www.mcci.org/Photos/comesarulesoforginmanual.pdfhttp://www.mcci.org/Photos/comesarulesoforginmanual.pdfhttp://www.mcci.org/Photos/comesacthrule.pdf


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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 notificationsof 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 thewww.tradebarriers.orgwebsite 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
http://www.tradebarriers.org/http://www.tradebarriers.org/http://www.tradebarriers.org/http://www.comesa.int/http://www.comesa.int/http://comstat.comesa.int/http://comstat.comesa.int/http://www.tralac.co.za/scripts/content.php?id=3030http://www.tralac.co.za/scripts/content.php?id=3030http://www.tralac.co.za/scripts/content.php?id=3030http://comstat.comesa.int/http://www.comesa.int/http://www.tradebarriers.org/


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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.


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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.


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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) Registration Certificate of Trade Mark or Copyright;

ii) Letter of distributorship and power of attorney from Rights holder in the case of an authorised

user;

iii) Security in the form of a bank guarantee in the amount of Rs 20,000 to protect the Director

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.


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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


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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.


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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


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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 LawsCriminal Code Act

Financial Intelligence and Anti-Money Laundering Act

Prevention of Corruption Act


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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


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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


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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


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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


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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.


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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.


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Economy

ECONOMY IN FIGURES

Table of Contents:

The statistics include comparative figures from 2008 to 2011.


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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
http://www.mcci.org/economy_figures.aspx#populationhttp://www.mcci.org/economy_figures.aspx#populationhttp://www.mcci.org/economy_figures.aspx#Indicativehttp://www.mcci.org/economy_figures.aspx#Indicativehttp://www.mcci.org/economy_figures.aspx#NationalAccountshttp://www.mcci.org/economy_figures.aspx#NationalAccountshttp://www.mcci.org/economy_figures.aspx#sectoralhttp://www.mcci.org/economy_figures.aspx#sectoralhttp://www.mcci.org/economy_figures.aspx#realhttp://www.mcci.org/economy_figures.aspx#realhttp://www.mcci.org/economy_figures.aspx#balancehttp://www.mcci.org/economy_figures.aspx#balancehttp://www.mcci.org/economy_figures.aspx#moneyhttp://www.mcci.org/economy_figures.aspx#moneyhttp://www.mcci.org/economy_figures.aspx#consumerhttp://www.mcci.org/economy_figures.aspx#consumerhttp://www.mcci.org/economy_figures.aspx#agriculturalhttp://www.mcci.org/economy_figures.aspx#agriculturalhttp://www.mcci.org/economy_figures.aspx#industrialhttp://www.mcci.org/economy_figures.aspx#industrialhttp://www.mcci.org/economy_figures.aspx#Productivityhttp://www.mcci.org/economy_figures.aspx#Productivityhttp://www.mcci.org/economy_figures.aspx#tranhttp://www.mcci.org/economy_figures.aspx#tranhttp://www.mcci.org/economy_figures.aspx#externalhttp://www.mcci.org/economy_figures.aspx#externalhttp://www.mcci.org/economy_figures.aspx#Termshttp://www.mcci.org/economy_figures.aspx#Termshttp://www.mcci.org/economy_figures.aspx#external2http://www.mcci.org/economy_figures.aspx#external2http://www.mcci.org/economy_figures.aspx#regionalhttp://www.mcci.org/economy_figures.aspx#regionalhttp://www.mcci.org/economy_figures.aspx#domestichttp://www.mcci.org/economy_figures.aspx#domestichttp://www.mcci.org/economy_figures.aspx#tourismhttp://www.mcci.org/economy_figures.aspx#tourismhttp://www.mcci.org/economy_figures.aspx#educationhttp://www.mcci.org/economy_figures.aspx#educationhttp://www.mcci.org/economy_figures.aspx#averagehttp://www.mcci.org/economy_figures.aspx#averagehttp://www.mcci.org/economy_figures.aspx#employmenthttp://www.mcci.org/economy_figures.aspx#employmenthttp://www.mcci.org/economy_figures.aspx#businesshttp://www.mcci.org/economy_figures.aspx#businesshttp://www.mcci.org/economy_figures.aspx#governmenthttp://www.mcci.org/economy_figures.aspx#governmenthttp://www.mcci.org/economy_figures.aspxhttp://www.mcci.org/economy_figures.aspxhttp://www.mcci.org/economy_figures.aspxhttp://www.mcci.org/economy_figures.aspx#governmenthttp://www.mcci.org/economy_figures.aspx#businesshttp://www.mcci.org/economy_figures.aspx#employmenthttp://www.mcci.org/economy_figures.aspx#averagehttp://www.mcci.org/economy_figures.aspx#educationhttp://www.mcci.org/economy_figures.aspx#tourismhttp://www.mcci.org/economy_figures.aspx#domestichttp://www.mcci.org/economy_figures.aspx#regionalhttp://www.mcci.org/economy_figures.aspx#external2http://www.mcci.org/economy_figures.aspx#Termshttp://www.mcci.org/economy_figures.aspx#externalhttp://www.mcci.org/economy_figures.aspx#tranhttp://www.mcci.org/economy_figures.aspx#Productivityhttp://www.mcci.org/economy_figures.aspx#industrialhttp://www.mcci.org/economy_figures.aspx#agriculturalhttp://www.mcci.org/economy_figures.aspx#c