The FCC investigates any financial crime, unexplained wealth, and any other offences under the FCC Act and the Declaration of Assets Act 2018. Financial crimes include corruption offences, money laundering offences, fraud offences and financing drug dealing offences.
It is a behaviour by individual or organisation that involves dishonesty and abuse of power for a gain or an unfair advantage for himself or another person.
Fraud refers to a deliberate deception or misrepresentation that someone uses to gain an unfair or unlawful advantage, typically for financial advantage.
Yes, there is international collaboration to trace and recover assets found in foreign jurisdictions which are suspected to emanate from illicit activities. Such assets can be monies in bank accounts, real estate or digital assets, such as cryptocurrencies.
The duration depends on factors such as:
- The complexity of the case.
- Legal challenges and disputes.
- The location and nature of the assets.
- Collaboration and laws of the foreign jurisdiction.
Declaration of Assets is the legal requirement for a specific category of public officials, to declare their assets and liabilities to the FCC, upon any such appointment, election, resignation/retirement or at any prescribed interval.
If you are a member of the National Assembly, the Rodrigues Regional Assembly and a Councillor of such Municipal and District Council, you are required to comply with the provisions of the DOA Act, irrespective of the salary you earn.
If you are Senior Public Officer, an Adviser, a Chief Executive and/or Officer of such Municipal and District Council and an officer of a Statutory Body, drawing salary in a scale starting from Rs 69,800 and above, you are amenable to submit a declaration.
Chairpersons of statutory bodies are required to comply with the provisions of the DOA Act, irrespective of the fees they draw.
Officers of the Mauritius Prisons Service fall under the DOA Act, irrespective of their salary and grades.
If you are uncertain whether you are a declarant or not, you can either consult the DOA Act or contact the DOA Unit for clarification.
Section 4 of the Act requires declarants to submit their declarations not later than 30 days after appointment/election and after vacation of office/seat (Dismissal, resignation, or retirement).
Section 6(1)(a) imposes a legal obligation on certain categories of declarants (who falls under section 3 (1) (a), (b), (c), (d), (g), (h) and (i) of the DOA Act 2018), to inform the Commission by way of letter upon purchasing and selling of the following assets within 30 days, by the declarant, his spouse of minor children: (i) any on item of jewellery, precious stone or metal, or watch or gold coin exceeding 500,000 rupees in value; (ii) work of art, the value of which exceeds 500,000 rupees; (iii) any freehold or leasehold immovable property registered in Mauritius or abroad; (iv) dedicates waqf property under the Waqf Act & (v) any motor vehicle, a boat, a ship or an aircraft.
For declarants who fall under sections 3(1)(e) and (f) of the DOA Act, they must make their declaration (i) at every interval of 5 years following the date of the first declaration; and (ii) within a period of 30 days after leaving office.
Declarants listed under section 3(1)(a), (b), (c), (d), (g), (h) and (i) must make a fresh declaration in writing within 30 days of the acquisition or disposal any such assets listed under section 6(1)(a)(i) to (v), by them, their spouse or minor children.
On the other hand, Senior Public Officers, Chief Executives of Municipal or District Councils and Officers of such Councils drawing salary which is similar or above to the salary scale of the Deputy Permanent Secretary, must make a declaration (i) at every interval of five years from the date of the first declaration and (ii) upon leaving his employment.
All declarations must be made on the respective prescribed declaration forms, depending on the category. If you are a member of the National Assembly, the Rodrigues Regional Assembly or a Councillor of such Municipal and District Council, you must mandatorily submit the First Schedule Form and it must be sworn as affidavit before the Supreme Court of Mauritius or Court of Rodrigues.
If you are Senior Public Officer, an Adviser, a Chief Executive and/or officer of such Municipal and District Council, an officer of a Statutory Body or an officer of the Mauritius Prisons Service, you must submit the Second Schedule Form, which need not be sworn.
The First and Second Schedule forms can be both downloaded from the FCC’s website at www.fcc.mu
You may also collect same in person at the reception desk of the FCC, Réduit Triangle, Moka or you may request the forms by email at [email protected].
Yes, section 10 of the DOA Act provides for a penalty of Rs 5,000 per month or part of the month, until such time as the declaration is submitted. The applicable penalty, however, does not exceed Rs 50,000.
Yes. The FCC Act gives the power for the FCC to recover unexplained wealth.
Unexplained wealth refers to properties (including cash, real estate, vehicles, investments, precious stones and metals, virtual assets, and other valuables) whose origin cannot be satisfactorily accounted for by the person having ownership, possession custody or control of the properties.
To satisfactorily account for the source of funds used to acquire a property, the person should make a statement under oath explaining the source, supported by providing the relevant bank statement showing funds credited and debited, receipts, invoices, inheritance documentation, salary slips, emoluments, tax returns, revenue from business activities, Financial Statements, among others.
Where a person did not provide a satisfactory explanation for the source(s) of the funds used to acquire the properties, the FCC can apply to a Judge in Chambers, for an Unexplained Wealth Order for the confiscation of that unexplained wealth. However, this Order can be obtained only where it concerns cash of at least Rs 2.5 million or assets worth at least Rs 10 million.
All requests for the conduct of empowerment sessions or systems reviews should be addressed to the:
The Ag Director-General
Financial Crimes Commission (FCC) Headquarters
Réduit Triangle, Moka 80812
Email: [email protected]
Requests for empowerment sessions can also be made through the FCC website directly through the following link: https://fcc.mu/education-and-preventive-division/epd-education/
No. FCC services are provided free of charge.
Section (6)(2)(j) of the FCC Act 2023 stipulates that “the Commission shall examine and review practices and procedures of any public body in order to facilitate the detection of financial crimes and ways by which financial crimes may be eliminated.”
The review provides targeted recommendations to address and mitigate the identified risks.
Systems reviews can be conducted only in public bodies.
Yes. According to section 141(5) of the FCC Act, there is a penalty for persons who fail to adopt or implement a recommendation of the FCC following a review.
The FCC recognizes the importance of citizens participation and encourages their active engagement in the fight against financial crimes. You can join one of the civil society platforms. For more information, please contact the Education and Preventive Division on +230 402 6900.
As an honest citizen, every person has a duty to report to the commission any form of financial crimes.
Additionally, under section 55 of the FCC Act, officers of a public body have a duty to make a written report to the Commission where they suspect that an offence has been or is likely to be committed in relation to any public body.
This does not prevent such a person from reporting a crime to the Commission. Kindly provide the name(s) of the institution(s), date reported and the reference number of the complaint (if any). For example, OB Number for complaints made with the Police.
Complaints be made in person, through a letter addressed to the FCC, through email on [email protected], by phone on 402 6600 or online via FCC’s website.
The FCC considers the content of the complaint rather than the way it was made. However, if a person makes a complaint in person, he can give a more detailed account of the case to the officer recording his complaint.
Whilst it is encouraged that complainants report in person to give more detailed and accurate information that is crucial for the investigation, complaints can also be given anonymously.
The FCC processes every complaint it receives within the shortest possible delay. Your complaint is assessed to determine whether there is a pursuable offence which the FCC can investigate into on the basis of information you provide. The FCC will only be able to investigate if you have provided enough material to initiate the investigation.
- If it falls outside the investigative purview of the FCC.
- If it is of frivolous or vexatious nature.
- If there is not enough information to start an investigation.
- If a similar complaint was previously investigated without any positive outcome.
In case the complaint does not disclose a matter which can be investigated by the FCC it may refer same to the Police, other law enforcement agencies or any other competent authorities which may be mandated to deal with the complaint without the complainant’s consent.
A request can be made to the FCC and depending on the nature, stage, sensitivity of the case, information can be provided.
An informer is not necessarily a witness but is someone who is aware of an offence being or likely to be committed and imparts that information to the FCC.
The FCC Act has provided a special protection for informers. Where a person provides any information on any potential financial crime being committed, that information and the identity of the informer shall be secret between the Commission and the informer and shall not be disclosed in any proceedings before any Court, Tribunal or any other authority.
A witness is a person who has witnessed an offence but has not participated in the commission of that offence. For a person who is a witness in a case, the FCC Act ensures that disclosures or reports made to the Commission by that person will not make him incur any civil or criminal liability as a result of such disclosure or report.
The witness will be called to assist the FCC in the investigation process. The identity of the witness will also be protected except where it is necessary to divulge his identity to ensure that the matters to which the information relates are properly investigated.
However, if a person, knowingly, makes a false disclosure or report, he shall commit an offence and shall, on conviction, be liable to a fine not exceeding 500,000 rupees and to imprisonment for a term not exceeding one year.
Furthermore, the FCC Act allows for the FCC to set up a Protection Unit which will provide assistance and protection to witnesses who are endangered.