Financial Crimes Commission (FCC) Advances in Implementation
The Financial Crimes Commission Act (2023) was proclaimed on March 29, 2024, establishing the Financial Crimes Commission (FCC). In accordance with the provisions of the Act, the FCC now assimilates functions of the previous Independent Commission Against Corruption (ICAC), the Asset Recovery Investigation Division (ARID), and the Integrity Reporting Services Agency (IRSA). The Commission is presently engaged in the implementation of the law starting with the integration of the three subsumed agencies.
The effective implementation of the law entails a complete stock-taking, and handing over, of respective physical and electronic records, and merging those databases, with respect to the different aspects of each respective institution. This would include a reconciliation of staff establishment, operations and investigations, financial matters, court proceedings and multiple related matters. This is being done through the setting up of an implementation committee comprising staff from the three agencies. To date, the Commission continues to work on the integration of structures, operations, and staff establishment of these three agencies into the FCC according to a well-defined implementation plan. So far, major milestones have been achieved.
In the meantime, relevant staff of the ARID, IRSA and ICAC have transitioned to their new head office at the FCC Headquarters located at Reduit Triangle, Moka and their integration into the FCC is being facilitated with ongoing capacity building taking place at the same time. For example, a training session has been organized among top management and the Commissioners on the new legislation.
The FCC is committed to reinforcing its international cooperation and the capacity of its staff through regional and international events:
Workshop for Senior Investigators
Workshop for Senior Investigators
A workshop tailored for Senior Investigations personnel was scheduled from April 16 to 17, 2024, as part of the transition, facilitated by officers from the International Anti-Corruption Coordination Centre (IACCC) of the National Crime Agency.
Workshop for Chief Investigators and Management-Level Officers
Workshop for Chief Investigators and Management-Level Officers
Following this, from April 18 to 19, 2024, Chief Investigators and management-level officers were convened for a specialized workshop, honing their skills in strategic management and leadership.
Working Session- “Evaluating Complaints: Intelligence gathering, triaging new cases, and recommendation making”
Working Session- “Evaluating Complaints: Intelligence gathering, triaging new cases, and recommendation making”
Moreover, on April 22, 2024, FCC officers engaged in a collaborative working session with representatives from the IACCC, delving into the nuances of “Evaluating Complaints: Intelligence gathering, triaging new cases, and recommendation making” to enhance operational efficiency and effectiveness.
Informal and Formal Engagement
Informal and formal engagement
Different engagement, informal and formal, with different foreign jurisdictions’ LEAs, continue to progress in respect of international corruption and bribery investigations.
AFR LEN Inaugural Meeting
AFR LEN Inaugural Meeting
The Inaugural Meeting of the Africa Anti-Corruption Law Enforcement Network (AFR LEN), hosted by the FCC in collaboration with the OECD Working Group on Bribery and the African Development Bank, was launched on April 23, 2024. The meeting focused on issues pertaining to informal international cooperation and inter-agency coordination in the context of the investigation of complex corruption cases, as well as other priority topics for the region. The meeting also provided an opportunity to discuss priority topics of interest for the AFR LEN work programme, facilitated by the two co-chairs of the AFR LEN, namely Mauritius and South Africa.
OECD Anti-Bribery Convention
OECD Anti-Bribery Convention
Mauritius, through the FCC, continues to actively complete preparations to meet the required criteria to eventually accede to the OECD Anti-Bribery Convention within a set timeframe, after becoming a ‘participant’ member of the OECD Working Group on Bribery in International Business Transactions (OECD WGB) since February 24, 2023. Mauritius will have to undergo a rigorous assessment by the WGB to demonstrate that it has the necessary anti-corruption and foreign bribery legal, institutional, and operational framework in place to eventually accede to the OECD Anti-Bribery Convention. The FCC, set up under the FCC Act 2023, is part of this process, whereby Mauritius has revamped its whole system in fighting financial crimes with the proclamation of the Act in March 2024. The next step is for Mauritius to present a 3rd oral report for the June 2024 OECD WGB Plenary meeting to show progress made towards its interest to accede to the OECD Anti-Bribery Convention.
FBI in collaboration with the FCC
FBI in collaboration with the FCC
Through the FCC, Mauritius has been working closely with the FBI. Following a previous iteration in January 2023 at the International Law Enforcement Academy in Botswana, the Southern Africa Regional Anti-Corruption and Asset Recovery workshop was held from May 13-17 by the FBI in collaboration with the FCC.
Collaboration with the International Bar Association and Primerio
Collaboration with the International Bar Association and Primerio
The FCC is also working on finalizing a conference on corruption in collaboration with the International Bar Association and Primerio, scheduled for June 2024 in Mauritius.
In conclusion, it’s crucial to acknowledge that the process of integrating institutions like the ICAC, ARID, and IRSA into the FCC is intricate and multifaceted. Attempts at trivializing the process overlooks the complexities involved and reflects a total lack of comprehension regarding the implementation process of such laws and processes. Patience and understanding from observers and commentators are essential as the FCC navigates through these challenges, ensuring a thorough and effective integration that upholds the integrity and efficacy of its operations.