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Viewing cable 10PORTLOUIS35, CORRECTED MAURITIUS: 2010 INVESTMENT CLIMATE STATEMENT

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Reference ID Created Released Classification Origin
10PORTLOUIS35 2010-02-04 12:30 2011-08-30 01:44 UNCLASSIFIED Embassy Port Louis
INFO  LOG-00   AF-00    AID-00   AMAD-00  A-00     CA-00    CIAE-00  
      CTME-00  INL-00   DODE-00  ITCE-00  DOTE-00  DS-00    DHSE-00  
      EXME-00  OIGO-00  E-00     FAAE-00  UTED-00  VCI-00   FOE-00   
      FRB-00   OBO-00   H-00     TEDE-00  INR-00   IO-00    LAB-01   
      L-00     MOFM-00  MOF-00   VCIE-00  DCP-00   NSAE-00  ISN-00   
      OES-00   OMB-00   NIMA-00  OPIC-01  EPAU-00  PER-00   GIWI-00  
      MA-00    ISNE-00  DOHS-00  SP-00    IRM-00   STR-00   DPM-00   
      NCTC-00  CRYE-00  FMP-00   CBP-00   BBG-00   EPAE-00  SHEM-00  
      IIP-00   DSCC-00  LBA-00   PRM-00   DRL-00   G-00     SAS-00   
      FA-00    SRAP-00  SWCI-00  PESU-00  SEEE-00  SANA-00    /002W
 
R 041230Z FEB 10
FM AMEMBASSY PORT LOUIS
TO SECSTATE WASHDC 4960
INFO USDOC WASHDC 1285
CIMS NTDB WASHDC
DEPT OF TREASURY WASHDC
AMCONSUL JOHANNESBURG
UNCLAS PORT LOUIS 000035 
 
 
DEPT FOR EB/IFD/OIA, EEB/CBA, AF/EPS, AND AF/E 
DEPT PLEASE PASS TO USTR 
DEPT PLEASE PASS TO OPIC, EXIM, AND TDA 
USDOC FOR 4510/ITA/MAC/ANESA/OA (ROBERT TELCHIN) 
USDOC FOR 3131/USFCS/ANESA/OIO 
JOHANNESBURG FOR FCS AND TDA 
 
E.O. 12958: N/A 
TAGS: EINV EFIN ETRD ECON ELAB KTDB KIDE PGOV OPIC USTR
MP 
SUBJECT: CORRECTED MAURITIUS: 2010 INVESTMENT CLIMATE STATEMENT 
 
REF: STATE 124006 
 
 
1. Per reftel request, Post submits the following 2010 Investment 
Climate Statement for Mauritius.  Please note that the exchange rate 
used throughout the report is (i) 2007: USD 1 = MRs 32, (ii) 2008: 
USD 1 = MRs 29, and (iii) 2009: USD 1 = MRs 32.50.  (Mauritius 
Rupees = MRs). 
 
------------------------------ 
OPENNESS TO FOREIGN INVESTMENT 
------------------------------- 
2. Mauritius is among the most competitive and successful economies 
in Africa and actively seeks foreign investment.  The World BankQs 
2010 Doing Business report ranks Mauritius 17th among the 183 
economies covered by the report and first in Africa for the second 
year in a row in terms of overall ease of doing business.  In three 
years Mauritius has moved from the 49th (2006) to the 17th place 
(2009).  Mauritius is praised in the report for its continued 
efforts in the past year to improve the business climate with the 
adoption of a new insolvency law, the establishment of a specialized 
commercial division within the courts, the easing of property 
transfers, and the expediting of trade processes.  The governmentQs 
objective is for Mauritius to rank among the top ten most investment 
and business friendly locations in the world. 
 
3. The World Economic ForumQs 2009-2010 Global Competitiveness 
Report places Mauritius second in Africa (after South Africa) and 
57th in the world in terms of competitiveness.  The report lauded 
Mauritius as Qa country characterized by strong and transparent 
public institutions, with clear property rights, strong judicial 
independence, and a security that is good by regional standards. 
 
4. ECONOMIC REFORM: MauritiusQ economy suffered at the turn of the 
millennium as longstanding trade preferences in textiles and sugar, 
which were the foundation of its growth strategy, were phased out. 
The government which took office in 2005 embarked on a bold economic 
reform program aimed at opening up the economy, facilitating 
business, improving the investment climate, and mobilizing foreign 
direct investment (FDI) and expertise.  The reforms have resulted in 
a strong and balanced growth across all sectors of the economy and 
have spurred foreign investment to record levels. 
 
5. Mauritius witnessed three years of robust economic growth between 
January 2006 and December 2008.  In 2008, Gross Domestic Product 
(GDP) was close to USD 9 billion, with a GDP growth rate of 5.3% and 
a per capita income of USD 7,000, one of the highest in Africa. 
However, the Mauritian economy, which demonstrated remarkable 
resilience in 2008, started to feel the impact of the global crisis 
at the beginning of 2009, resulting in a decelerated growth rate of 
2.8 percent for the year.  However, following the recent signs of 
recovery in the world economy, GDP growth is forecast to recover to 
4.3 percent in 2010. By 2011, the economy is expected to return to 
its pre-crisis growth of more than five percent. 
 
6. FDI, which averaged USD 33 million annually for the two decades 
ending in December 2005, has risen to USD 280 million since 2006. 
Following the reforms initiated in 2006, Mauritius has attracted 
more than USD 1 billion from foreign investors.  In 2009, FDI is 
estimated at close to USD 280 million. 
 
7. BUSINESS FACILITATION: The GOMQs policy since 2005 has been to 
open the economy and streamline administrative procedures for people 
to come, work, and live in Mauritius.  The Business Facilitation Act 
of 2006 simplified the business licensing process with respect to 
starting a business and allowed businesses to start operations 
within three days of incorporation.  Also, residence permits and 
work permits for foreign investors, entrepreneurs, and professionals 
have been combined into what is called an occupation permit, which 
is now processed within three working days. 
 
8. Investment in Mauritius is governed by the Investment Promotion 
Act of 2000.  Investment regulations are consistent with the WTO's 
Agreement on Trade Related Investment Measures (TRIMS).  The GOM 
does not discriminate between local and foreign investment. 
Businesses can be conducted locally in several forms: under a 
self-employed activity, as a partnership with Mauritian nationals, 
or a 100 percent foreign-owned company under the Companies Act. For 
a limited number of regulated activities in such sectors as tourism, 
sugar, and broadcasting, an application for the appropriate permit 
or license must be made to the competent authorities prior to start 
of operations. For such activities, investors should seek advice 
from the Board of Investment (www.investmauritius.com). 
 
9. The Board of Investment (BOI) acts as a one-stop focal agency for 
business registration.  BOI acts as the facilitator for all forms of 
investment in Mauritius and guides investors through the necessary 
processes for doing business in the country.  Before starting 
operations, businesses must register with the Registrar of 
Companies.  Regulations governing incorporation are contained in the 
Companies Act of 2001.  After receipt of a certificate of 
incorporation from the Registrar of Companies, all companies must 
register their business activities with the BOI to be able to apply 
for occupation permit and other facilities offered to investors. 
 
10. INVESTMENT OPPORTUNITIES: Mauritius has realized a remarkable 
economic transformation from a mono-crop economy based on sugar 
production to a diversified economy driven by export-oriented 
manufacturing, tourism, and financial and business services sectors. 
 In recent years, Information and Communication Technology (Business 
Process Outsourcing, call centers, software development), 
Hospitality and Property Development (commercial malls, luxury 
villas, and international flagship hotels), the Seafood and Marine 
Industry (fish farm, tuna fishing and canning, and seafood 
processing) and the Biomedical Industry (medical devices, 
pharmaceutical products, multi-specialty hospitals) have emerged, 
attracting substantial investment from both local and foreign 
investors. 
 
11. In addition, Mauritian authorities have identified a number of 
projects in the following sectors for implementation in the next few 
years: (i) agri-business and biotechnology (refined sugar, ethanol, 
food crop production --potato, corn, soya bean--food processing, 
dairy products and livestock),(ii) renewable energy and environment 
--wind, bagasse (sugar cane fibrous residue),solar, cold sea water 
for air conditioning, and waste-to-energy  projects (ii) medical 
tourism (medical, surgical and diagnostic packages to the one 
million English and French speaking tourists currently visiting 
Mauritius) (iv) bio-medical research and clinical trials and (v) 
knowledge-based industries (foreign universitiesQ campuses in 
Mauritius, distance education, e-learning, vocational and technical 
training). 
 
12. The location of Mauritius, situated in the Indian Ocean between 
Africa, Asia, and Australia, offers a successful business base for 
both regional and international trade.  U.S. companies can use 
Mauritius as a platform to tap regional markets through Mauritius 
membership in the Southern African Development Community (SADC) and 
the Common Market for Eastern and Southern Africa (COMESA), which 
offer preferential access to a market of 380 million consumers. 
Mauritius also has a free trade agreement with Pakistan and is 
negotiating one with Turkey.  It is also in the process of 
finalizing a Comprehensive Economic Cooperation and Partnership 
Agreement with India. 
 
Year      Index                        Ranking 
2010      World Bank Doing Business      17 
2009      TI Corruption                  42 
2009      Heritage Economic Freedom      18 
 
-------------------------------- 
Conversion and Transfer Policies 
-------------------------------- 
13. The GOM abolished foreign exchange controls in 1994. 
Consequently, no approval is required for the repatriation of 
profits, dividends, and capital gains earned by a foreign investor 
in Mauritius.  In general, businesses have no difficulty obtaining 
foreign exchange. 
 
14. The exchange rate is market-determined, but the market is 
dominated by a small number of institutions.  The Central Bank 
occasionally intervenes to stabilize the market.  There is 
convertibility on both capital and current accounts.  Settlement can 
be done in foreign currency, and foreign currency accounts can be 
opened in Mauritius.  There is no legal parallel market in Mauritius 
for investment remittances. 
 
15. Mauritius has a well-developed and modern banking system.  At 
the end of October 2009, net international reserves amounted to 
close to USD 3 billion, representing an import cover of close to 41 
weeks.  Between June and December 2009, reflecting international 
trends and reduced domestic imports, the Mauritian rupee appreciated 
by 8.5 percent against the U.S. dollar, the pound sterling, and the 
Euro. 
 
------------------------------- 
Expropriation and Compensation 
------------------------------- 
16. Legislative guarantees against nationalization exist and are 
respected.  The GOM has never nationalized an industry. 
 
------------------- 
Dispute Settlement 
------------------- 
17. An entity formed through a joint venture between a local company 
and a U.S. investor, has been engaged in a lengthy dispute (since 
2005) with Mauritius Telecom, its cellular subsidiary, Cellplus (now 
called Orange), and the former Telecommunications Authority, over 
allegations of unfair competitive practices by Mauritius Telecom and 
Orange.  The case remains in the courts.  There has not been any 
expropriation of private assets in Mauritius thus far.  Mauritius is 
a member of the International Center for the Settlement of 
Investment Disputes and the Multilateral Investment Guarantee Agency 
of the World Bank. 
 
18. The Mauritian legal system is largely based on English common 
law and French civil law. A Commercial Court was set up in early 
2009 to expedite the settlement of commercial disputes.  The 
domestic legal system is generally non-discriminatory and 
transparent.  Members of the judiciary are independent of the 
legislature and the government.  The highest court of appeal is the 
judicial committee of the Privy Council of England.  Mauritius is a 
member of the International Court of Justice. 
 
--------------------------------------- 
Performance Requirements and Incentives 
--------------------------------------- 
19. The investment code is in line with the WTO's Agreement on Trade 
Related Investment Measures.  A foreign investor, a professional 
under a contract of employment, or a self-employed person may apply 
for work and residence permits if the following conditions are met: 
(i)Investor: the proposed business activity should generate an 
annual turnover exceeding MRs 3 million (approx. USD 93,000) (ii) 
Professional: the basic monthly salary should exceed MRs 30,000 
(approx. USD 925); and (iii) Self-employed: the annual income from 
the proposed business activity should exceed MRs 600,000 (approx. 
USD 18,500).  An investor may subsequently apply for permanent 
residence status if his/her business activity generates an annual 
turnover exceeding Rs 15 million (approx. USD 462,000) during the 
first three years.  In the case of self-employed persons, the 
business activity should generate an annual income exceeding Rs 3 
million (approx. USD 93,000). Foreign nationals can acquire property 
for business purposes. 
 
20. Investment incentives are applied uniformly to both domestic and 
foreign investors.  Mauritius offers a low tax jurisdiction: (i) a 
flat corporate and income tax rate of 15 percent, (ii) tax free 
dividends, (iii) no capital gains tax,(iv) up to 100 percent foreign 
ownership, (v) exemption from customs duty on equipment, (vi) free 
repatriation of profits, dividends, and capital, (vii) no minimum 
foreign capital required, (viii) 50 percent annual allowance on 
declining balance for the purchase of electronic and computer 
equipment; and (ix) an extensive tax treaty network with several 
countries. 
 
21. Moreover, the government has set up the Integrated Resorts 
Scheme (IRS) to attract high net worth non-citizens desiring to 
acquire an immoveable property of not less than USD 500,000 in 
Mauritius (within a resort approved by the BOI) for personal 
residence.  The Real Estate Scheme (RES) introduced in 2007 allows 
non-citizens to acquire a residence with no minimum price set. The 
investor and his/her spouse and dependents are granted resident 
permits to live in Mauritius when a residential property is acquired 
for a price exceeding USD 500, 000. More detailed information on the 
incentives is available on BOIQs website: www.investmauritius.com 
 
--------------------------------------------- 
Right to Private Ownership and Establishment 
--------------------------------------------- 
22. Under the Non-Citizens (Property Restriction) Act, a non-citizen 
investor may acquire property in Mauritius with the prior approval 
of the Prime Minister.  However, the Prime MinisterQs approval is 
not required when the property is acquired (i) under a lease 
agreement not exceeding 20 years, (ii) under the Integrated Resort 
Scheme or Real Estate Scheme for the purchase of a villa, (iii) 
under the Invest-Hotel Scheme for the acquisition of a hotel room, 
or (iv) when the investor has obtained approval from the Board of 
Investment to acquire property for use in his/her business. 
 
------------------------------ 
Protection of Property Rights 
------------------------------ 
23. Property rights are respected.  Mauritius maintains a 
sophisticated and impartial legal system based on both Napoleonic 
code and British common law.  The system protects all tangible 
property.  Intellectual property rights are protected by the 
Copyrights Act of 1997 and the Patents, Industrial Designs and Trade 
Marks Act of 2002, which are in line with international norms. 
Mauritius is a member of the World Intellectual Property 
Organization (WIPO) and party to the Paris and Bern conventions for 
the protection of industrial property and the Universal Copyright 
Convention. 
 
24. The Patents, Industrial Designs and Trade Marks Act of 2002 was 
introduced by the government, in part, as a response to the rise in 
the production and trade of counterfeit goods, such as Ralph Lauren 
shirts.  In 2004, Polo Ralph Lauren (PRL) successfully sued local 
manufacturers and retailers of PRL counterfeit products in Mauritian 
courts, which resulted in the closure of the counterfeit operations. 
 In December 2008, the Supreme Court ruled in favor of PRL lawyer by 
ordering Customs to seize PRL products imported by a local 
businessman without PRLQs authorization. In December 2009, Nike and 
Adidas lodged a legal action at the Supreme Court against a local 
businessman, who imported 2,000 pair of shoes suspected of being 
counterfeit goods.  Mauritius Customs has seized the goods and the 
case will be heard in March 2010. 
 
25. The new trademark and patent laws comply with the WTO's Trade 
Related Aspects of Industrial Property Rights (TRIPS) agreement and 
protects designs, brands, and technological inventions.  Also, the 
law dictates that well-known international trademarks are protected, 
whether they are registered in Mauritius or not.  A trademark is 
initially registered for 10 years and may be renewed for successive 
periods of 10 years.  A patent is granted for 20 years and cannot be 
renewed. 
 
26. The Police, Customs and Judicial authorities have effectively 
enforced trademark and copyright protection of firms like Polo Ralph 
Lauren and legitimate distributors of Bollywood films that have 
established a legal or commercial presence in Mauritius. However, 
U.S. and European producers and distributors of cinema and software 
have in general not established any representation in Mauritius and 
protection of their copyrights and intellectual property is 
practically non-existent.  According to a leading IPR law firm, the 
Police would take action against IPR infringements only in cases 
where the IPR owner has an official representative in Mauritius 
because the Court would require a representative to testify that the 
products seized are counterfeit.  According to the PoliceQs Anti 
Piracy Unit, IPR infringement could be curtailed substantially if 
the law is amended to put the burden of proof on the seller rather 
than on prosecution.  The Customs Department also requires right 
holders or authorized users to register their trademarks and 
copyrights with its office in order to take action to protect their 
marks/copyrights at the borders of Mauritius.  Application forms for 
registration can be downloaded from the Mauritius Revenue 
Authority/CustomsQ website: www.mra.gov.mu. 
 
27. WIPO has recently prepared an Intellectual Property Development 
Plan for Mauritius, which recommends, inter alia, the revision of 
some existing legislation to strengthen IPR laws and enforcement. 
The new legislation has not been finalized yet. 
 
-------------------------------------- 
Transparency of the Regulatory System 
-------------------------------------- 
28. Mauritius has built its success on a free market economy. 
According to the 2009 Index of Economic Freedom of the U.S. based 
Heritage Foundation Wall Street Journal, Mauritius leads Sub-Saharan 
Africa in economic freedom and is ranked 18th worldwide.  With a 
well-developed legal and commercial infrastructure and a long 
tradition of entrepreneurship and representative government, 
Mauritius is one of the developing world's most successful 
democracies.  Mauritius also has a long-standing tradition of 
government and private sector dialogue which allows the private 
sector to effectively voice its views on the development strategy of 
the country.  The Joint Economic Council, the coordinating body of 
the Mauritian private sector, is a key vehicle in this regard. 
 
29. During the last four years, the government brought radical 
reforms to trade, investment, tariff, and income tax regulations to 
simplify the framework for doing business.  Trade licenses and many 
other bureaucratic hurdles were abolished. 
 
30. Companies in Mauritius are regulated by the Companies Act of 
2001, which incorporates international best practices and promotes 
accountability, openness, and fairness.  In order to combat money 
laundering and terrorist financing, the government also enacted the 
Prevention of Corruption Act, the Prevention of Terrorism Act, and 
the Financial Intelligence and Anti-Money Laundering Act. 
 
31. PUBLIC PROCUREMENT ACT 2006: A Central Procurement Board, 
established under the Public Procurement Act 2006, oversees all 
forms of procurement by public bodies. The Procurement Policy Office 
is responsible for formulating policies and issuing directives for 
the operation of a transparent and efficient public procurement 
system.  According to the Procurement Act, a bidder or potential 
bidder can challenge the procurement proceedings of a public body at 
any stage and request the Chief Executive Officer of the public body 
to consider his complaint and, where appropriate, take remedial 
action.  Appeals may be brought against the decisions of a Chief 
Executive Officer to an Independent Review Panel.  A simplified 
two-tier process, therefore, is available to unsatisfied persons to 
seek remedy. 
 
32. COMPETITION ACT 2007: In December 2007, the National Assembly 
adopted a Competition Bill to promote competition, prevent 
monopolistic pricing, and restrict collusion in consumer markets. 
The Competition Act 2007 was proclaimed and became effective on 
November 25, 2009 and the Competition Commission is now fully 
operational.  Monopoly, and more generally, collusion between 
suppliers are prevalent in the domestic economy. The Competition 
Commission started its first enquiries in mid-December 2009. 
 
--------------------------------------------- ---- 
Efficient Capital Markets and Portfolio Investment 
--------------------------------------------- ----- 
33. With its well-developed financial services sector, Mauritius 
aims to become a regional financial center. The financial system has 
not been involved in sub-prime lending or any activity deriving 
directly or indirectly from that asset class. As a result, the 
government has not had to intervene to bail out any bank. The sector 
is well regulated and has proven to be quite solid and highly 
profitable.  It has ample liquidity to meet the financing needs of 
the economy. 
 
34. The Stock Exchange of Mauritius (SEM) has done quite well in 
terms of the volume of transactions, the number of listed companies, 
market capitalization, and the fairness and efficiency of its 
operations since its launch in 1989.  In December 2009, the Stock 
Exchange of Mauritius had 38 companies listed on the Official Market 
and 49 companies on the Development and Enterprise Market which is 
designed for small and medium enterprises.  Market capitalization 
grew from USD 92 million in 1989 to about USD 4.6 billion in 
December 2009.  The SEM is a member of the World Federation of 
Exchanges, which reports that the SEM adheres to industry business 
standards. 
 
35. In November 2007, the SEM was included in the new Morgan Stanley 
Capital International (MSCI) Frontier Markets Indices which are 
designed to track the performance of a range of equity markets that 
are now more accessible to global investors.  Mauritius was among 
four countries in Africa to be included in the new indices.  The SEM 
has also been included in the DOW Jones SAFE 100 Index which was 
launched in March 2009 by the South Asian Federation of Exchanges 
(SAFE).  The DOW Jones SAFE 100 Index measures the performance of 
the 50 largest stocks trading in India and the 50 largest stocks 
trading in 4 other countries, including Mauritius. 
 
36. The Mauritius stock market was opened to foreign investors 
following the lifting of the foreign exchange controls in 1994.  No 
approval is required for the trading of shares by foreign investors 
unless investment is for the purpose of legal and management control 
of a Mauritian company or for the holding of more than 15 percent in 
a sugar company.  Incentives to foreign investors include free 
repatriation of revenue from the sale of shares and exemption from 
tax on dividends and capital gains. 
 
37. Mauritius has an active offshore financial (now called global 
business) sector, which is a major route for foreign investments 
into the Asian sub-continent.  Mauritius is by far the largest 
source of FDI and portfolio investment in India, estimated at close 
to USD 43 billion for the period April 2000-September 2009, which 
accounts for 44 percent of the total FDI inflows into India.  Major 
U.S. corporations use the Mauritius offshore sector to channel their 
investment to India.  These investments are mainly attracted by a 
particularly favorable Double Taxation Avoidance Treaty (DTAT) which 
exists between Mauritius and India.  By January 2010, Mauritius had 
DTATQs with a total of 37 countries, including China, Malaysia, 
Singapore, South Africa, U.K, France, Germany, Kuwait, and U.A.E. 
 
38. Mauritius has a relatively sophisticated banking sector with 18 
banks currently licensed to undertake banking business.  The Banking 
Act of 2004 provides for banking business to be conducted under a 
single banking license regime.  Accordingly, all banks are free to 
conduct business in all currencies, including the Mauritian rupee. 
There are also several non-bank financial institutions which are 
authorized to conduct deposit-taking business. 
 
39. The banking system is highly concentrated with two 
long-established domestic and two international banking groups 
dominating, holding between them 70 percent of all banking assets. 
Foreign banks present in Mauritius include the Hong Kong and 
Shanghai Banking Corporation (HSBC), Barclays Bank, Bank of Baroda, 
Habib Bank, Banque des Mascareignes, PT Bank International 
Indonesia, Deutsche Bank, Standard Bank, Standard Chartered Bank, 
and Investec Bank. 
 
40. The banks focus mostly on trade financing and on provision of 
working capital.  Accounts may be opened in all major currencies as 
well as the Mauritian rupee.  Several commercial banks offer 
card-payment services, such as credit and debit cards and direct 
debits.  Other facilities, including phone banking, home banking, 
internet banking, and PC banking, are also provided by some banks. 
Commercial banks offer spot and forward transactions in all major 
currencies. 
 
41. Commercial banks have diversified into non-banking business 
through subsidiaries and affiliates.  Banks are engaged in the 
provision of leasing, stock brokering, asset and fund management, 
investment and private banking business, insurance agency, and 
portfolio and custodial management.  As of October 2009, commercial 
banks' total assets amounted to approximately USD 23 billion. 
 
42. The Bank of Mauritius, the Central Bank, carries out the 
supervision and regulation of banks as well as non-bank financial 
institutions authorized to accept deposits.  A new Bank of Mauritius 
Act, which strengthened the central bankQs institutional framework 
as well as its supervisory powers, was enacted in October 2004.  It 
also has the power to establish prudential safety and soundness 
standards and regulations, and does so primarily by issue of 
Guidelines/Guidance Notes.  The Central Bank has endorsed the Core 
Principles for Effective Banking Supervision as set out by the Basel 
Committee on Banking Supervision.  In July 2009, the Bank of 
Mauritius Act was amended to provide for the setting up of a 
Financial Stability Committee comprised of the Central Bank, the 
Financial Services Commission and the Ministry of Finance to review, 
on a regular basis, the soundness of the financial system. 
 
---------------------------------------- 
Competition from State-Owned Enterprises 
---------------------------------------- 
43. The government policy is to act as a facilitator to business, 
leaving production to the private sector.  The government, however, 
still controls key utility services directly or through para-state 
companies, including electricity, water, waste water, postal 
services, and television broadcasting.  The government also controls 
the import of what it deems to be strategic products such as rice 
(only non-basmati or other non-luxury rice), wheat flour, petroleum 
products, and cement through the State Trading Corporation. 
 
44. The government also has controlling shares in the State Bank of 
Mauritius, Air Mauritius (the national airline), and the Mauritius 
Telecom.  These state-controlled companies have a Board of Directors 
on which seats are allocated to senior government officials.  The 
Chairperson is generally nominated by the government. However, they 
are required by law to publish an annual report and their books are 
submitted to independent audit. They also are subject to the same 
corporate social responsibility as private firms. 
 
------------------------------- 
Corporate Social Responsibility 
------------------------------- 
45. The Government of Mauritius has established a policy whereby all 
profitable firms are required to either spend two percent of their 
profits on Government-approved activities/programs which contribute 
to the social and environmental development of Mauritius or transfer 
the funds to the Government to be used for social investment. 
 
46. Approved areas of activities include eradication of poverty, 
vocational training for vulnerable groups, promotion of human 
rights, support to the disabled and the elderly, women empowerment, 
small enterprise development, support to vulnerable children and 
youth, rehabilitation of drug addicts, protection and preservation 
of the environment, health and nutrition, leisure and sports, and 
promotion of arts and crafts.  All projects are reviewed by a 
National Corporate Social Responsibility Committee. 
 
47. Major corporate groups in Mauritius have begun to implement in 
partnership with Non-Governmental Organizations a number of projects 
related to social housing, health, education and training, leisure 
and sports, environmental protection, and sustainable development. 
There is greater awareness on the part of private companies for the 
need to be accountable to the community.  Firms which undertake 
corporate social responsibility projects are viewed favorably. 
 
------------------- 
Political Violence 
------------------- 
48. Mauritius has a long tradition of political and social stability 
and is internationally recognized for its well-established 
democracy.  Inter-ethnic tensions, however, led to four days of 
rioting in February 1999, following the death in police custody of a 
popular minority singer.  Governments since then have sought to calm 
ethnic tensions and stress national unity. 
 
49. Civil unrest and political violence are uncommon.   General 
elections in 2000 and 2005 brought a change in government in each 
case and passed off without incident. The next general elections are 
expected to be held in 2010. 
 
----------- 
Corruption 
----------- 
50. In 2009, Mauritius ranked 42nd worldwide and 2nd in Africa 
(after Botswana), with a score of 5.4 on Transparency 
InternationalQs Corruption Perceptions Index. The index examines 
perceptions of public-sector corruption in 180 countries. It scores 
countries from zero, which indicates the highest level of perceived 
corruption, to ten, the lowest level. Mauritius is one of only three 
Sub-Saharan countries to score over 5, indicating that corruption is 
not seen as a widespread problem. 
 
51. In 2002, the government adopted the Prevention of Corruption 
Act, which led to the setting up of an Independent Commission 
Against Corruption (ICAC).  ICAC has the power to detect and 
investigate corruption and money laundering offenses and can also 
seize the proceeds of corruption and money laundering. 
 
------------------------------- 
Bilateral Investment Agreements 
------------------------------- 
52. In September 2006, Mauritius and the United States signed a 
Trade and Investment Framework Agreement (TIFA), aimed at 
strengthening and expanding trade and investment ties between the 
two countries.  The TIFA Council, comprising of representatives from 
both governments, held its first meeting in Mauritius in February 
2007.  The Second Annual Council Meeting took place in April 2008 in 
Washington, D.C., while Mauritius hosted the Third Annual Meeting in 
April 2009.  Mauritius also has an investment incentive agreement 
with the Overseas Private Investment Corporation (OPIC), while the 
first round of negotiations for a Bilateral Investment Treaty (BIT) 
between the United States and Mauritius took place during the first 
week of 2010. 
 
53. Mauritius has signed Investment Promotion and Protection 
Agreements with the following 35 countries: Barbados, Belgium, 
Luxemburg, Benin, Botswana, Burundi, Cameroon, Chad, China, Comoros, 
the Czech Republic, Finland, India, Indonesia, France, Germany, 
Ghana, Guinea, Madagascar, Mauritania, Mozambique, Nepal, Pakistan, 
Portugal, Republic of Korea, Romania, Rwanda, Senegal, Singapore, 
South Africa, Swaziland, Sweden, Switzerland, U.K., Zimbabwe, and 
Tanzania.  Agreements with the following countries are awaiting 
signature: Chile, Egypt, Ethiopia, Lesotho, Malawi, Turkey, Uganda, 
and Qatar. 
 
--------------------------------------------- 
OPIC and Other Investment Insurance Programs 
--------------------------------------------- 
54. Mauritius is eligible for the full range of OPIC's investment 
insurance programs.  It is also a member of the Multilateral 
Investment Guarantee Agency. 
 
----- 
Labor 
----- 
55. As of September 2009, Mauritius had a total labor force of 
569,400, including 357,700 males and 211,700 females.  Total 
employment stood at 527,300, including 21,000 foreign workers, 
mainly from China, India, Madagascar, Sri Lanka, Bangladesh, and 
South Africa, and mostly employed in textile factories but also in 
construction, tuna canning, and hotel and catering sectors.  The 
unemployment rate, which reached 8.5 percent in 2007, fell to 7.4 
percent in 2009, representing about 42,100 unemployed. 
 
56. The GOM administratively establishes minimum wages, which vary 
according to the sector of employment, through the National 
Remuneration Board (NRB), and it mandates minimum wage increases 
annually based on inflation.  However, most trade unions negotiate 
wages higher than those set by the NRB.  The NRB issues Remuneration 
Orders for more than 90 percent of the workforce in the private 
sector. 
 
57. In February 2009, the Employment Rights Act and the Employment 
Relations Act came into force.  Their main objectives are to revise 
and consolidate the existing labor and industrial relations laws 
which date back to over 30 years and to liberalize the labor market 
and enhance the effectiveness of collective bargaining.  The new 
legislation also provides for the introduction of a Workfare Program 
under which workers who have been laid off will benefit from 
government financial assistance for up to twelve months and 
opportunities for training to increase their employability. 
 
58. Wages are low by Western standards but high by most Asian and 
African standards.  Factory workers in export-oriented enterprises 
generally earn between USD 200-USD 250 per month.  Middle managers 
earn between USD 700 and USD 1,000 per month.  Fringe benefits, 
including transport and meal allowances, paid leave, and bonuses, 
represent about 25 to 30 percent of the basic wages of employees. 
 
59. While Mauritius has an active trade union movement, 
labor-management relations are generally good.  Unionized workers, 
which account for less than 25 percent of the workforce, act 
responsibly and rarely disrupt business.  There has not been a major 
strike since 1979.  Under current legislation, unions have the legal 
right to strike.  However, the government seeks to preempt strikes 
through a system which promotes settlement through negotiation or 
arbitration by the Employment Relations Tribunal and the National 
Remuneration Board. 
 
60. Workers' rights are protected under the Employment Rights Act 
2008.  Mauritius participates actively in the annual ILO conference 
in Geneva and adheres to ILO conventions protecting worker rights. 
 
------------------------------------ 
Foreign Trade Zones/Free Trade Zones 
------------------------------------ 
61. The Mauritius Freeport (free-trade zone) was established in 1992 
as a customs-free zone for goods destined for re-export.  The 
government's objective is to promote the country as a regional 
warehousing, distribution, marketing, and logistics center for 
Eastern and Southern Africa and the Indian Ocean rim.  Through its 
membership in the Common Market for Eastern and Southern Africa 
(COMESA), the Southern African Development Community (SADC), and the 
Indian Ocean Commission (IOC), Mauritius offers preferential access 
to a market of 380 million consumers, representing an import 
potential of USD 90 billion. 
 
62. Situated on 52 hectares of land adjacent to port facilities and 
a modern container terminal, the Freeport offers 120,000 square 
meters of world-class infrastructure, including cold rooms, dry 
storage, an international trade exhibition center, processing units, 
and office space for transshipment, consolidation, storage, and 
processing activities.  Freeport facilities are also available at 
the airport.  Port Louis is increasingly used by major shipping 
lines (i.e. Maersk/Sealand, P&O Nedloyd, and MSC) as a regional 
container transshipment hub. 
 
63. Activities that can be carried out in the Freeport include 
warehousing and storage, breaking bulk, sorting, grading, cleaning 
and mixing, labeling, packing and re-packing, minor processing, 
transshipment, cash and carry sales, export-oriented port based 
activities, export-oriented airport based activities, freight 
forwarding, express courier services, mail order, simple assembly, 
reshipment, and quality control and inspection services. 
 
64. By the end of 2009, about 350 Freeport companies were engaged in 
activities such as re-export, transshipment, minor processing, and 
assembly.  In 2008, the Freeport imported USD 178 million and 
re-exported USD 302 million worth of goods.  Main products 
re-exported include: machinery and telecommunication equipment (25 
percent); apparel and accessories (21 percent); seafood (21 
percent); chemical and pharmaceutical products (11 percent); and 
beverages and tobacco (5 percent).  In 2008, the principal export 
markets for the Freeport were Madagascar, the United Arab Emirates, 
France, Reunion Island, Spain, and Italy. 
 
65. The Freeport sources its imports from a wide range of countries, 
including Hungary, China, India, Finland, Taiwan, France, Spain and 
South Africa.  The main products imported include fish, chemicals 
and pharmaceuticals, telecommunication equipment, textile fabrics 
and accessories, ready-made garments, electrical goods, and general 
consumer goods. 
 
66. The Freeport facilities for warehousing, breaking bulk, and 
re-export should be of particular interest to American companies. 
These services enable businesses to ship containerized goods to 
Mauritius, warehouse them in secure, low-cost facilities, then break 
bulk and re-export them in an efficient and timely manner to African 
and Indian Ocean rim destinations.  Modern computerized 
warehouse/logistics facilities, including cold rooms and processing 
centers, are provided by the private developers.  These include 
Freeport Operations (Mauritius) Ltd (www.freeport-mauritius.com), 
Mauritius Freeport Development Co. Ltd (www.mfd.mu), and Froid Des 
Mascareignes (www.seafoodhub.com).  Goods can also be assembled in 
the Freeport for export to the African and Indian Ocean markets. 
Current assembly and processing activities in the Freeport include: 
jewelry and precious stones, slabs from semi-precious minerals, PET 
plastic bottles, transformation of fish into fillets, aluminum 
frames and fittings, re-packaging of pharmaceuticals, and 
reconditioning of second-hand vehicles. 
 
67. Three U.S. companies are present in the Mauritius Freeport. 
Amazing Stone Ltd., established in 2005 by a U.S. citizen, is 
involved in the production of slabs made from semiQprecious minerals 
which can be used for kitchens, floors, bathrooms, walls, and 
furnishings.  The firm, which employs 50 people, imports its raw 
materials from the region, mainly Madagascar. 
 
68. Boxmore Plastics (Mauritius) Ltd., which started operations in 
Mauritius in 2002, is 100 percent owned by Chesapeake Corporation, 
headquartered in Richmond, VA.  It manufactures PET (polyethylene 
teraphthalate) pre-forms for the soft drink bottling companies in 
Mauritius, Reunion, Madagascar, and Seychelles.  Casamar (Mauritius) 
Ltd., a subsidiary of U.S.-based Casamar Holdings, Inc., which 
specializes in the assembly and repair of nylon-braided tuna purse 
seine nets, opened an office in Mauritius which provides marketing 
support for its fishing net repair and assembly operations in 
Seychelles. 
 
69. The GOM, in collaboration with the private sector, is actively 
promoting the Freeport as a seafood hub, in particular focusing on 
the transshipment, processing, storage, distribution, and 
re-exportation of high value-added seafood products using the modern 
port and Freeport facilities and logistics.  A one-stop shop has 
been established in the port area to help facilitate administrative 
clearances related to the seafood industry.  Thon des Mascareignes 
Ltd. (TDM), a leading Mauritian company in partnership with Spanish 
investors, is operating a tuna loin processing plant with a daily 
processing capacity of 300 tons for export to Europe and the U.S. 
for final processing and packaging.  U.S. firm Bumble Bee Foods has 
a tuna supply and processing agreement with TDM. 
 
70. The Board of Investment, in collaboration with Airports of 
Mauritius Ltd., plans to develop a dedicated air cargo logistics 
center at the airport.  The land parcelling for this project is 
currently under way.  The main activities targeted include re-export 
of high value/low volume products, light assembly operations, 
warehousing, labeling and repackaging, sea-air/air-sea and 
transshipment cargo, express courier, and freight forwarding 
services. 
 
-------------------------- 
Foreign Direct Investment 
-------------------------- 
71. After several years of decline, FDI picked up strongly in 2006, 
as a result of radical economic reform measures taken by the 
government to open up the economy, facilitate business, and improve 
the investment climate.  FDI, which averaged USD 33 million annually 
for the two decades ending in December 2005, has risen to an 
estimated USD 280 million in 2009.  Between 2006 and 2009, Mauritius 
has attracted more than USD 1 billion from foreign investors. 
 
72. The following statistical tables, supplied by the Bank of 
Mauritius (Central Bank), show inflows of FDI in Mauritius by sector 
and country of origin (2006-2009). 
 
Foreign Direct Investment by Sector, 2006-2009 
 
-                      2006    2007    2008    2009* 
-                         (USD millions) 
Manufacturing           5.7     8.5     5       20.5 
Tourism                 83      187     137     89 
Banking                 114     127     157     15 
Real estate             15      32.2    65      54 
Other                   11.3    5.3     29      16.5 
-                       ---------------------------- 
Total                   229     360     393     195 
 
Foreign Direct Investment by Country of Origin, 2006-2009 
-                      2006    2007    2008    2009* 
-                         (USD millions) 
China                   0.2      -      2.7     5.3 
Dubai                   3.6     40      29.2    11 
France                  16.6    36.7    40.2    56.7 
Germany                 5.6     1.8     5.9     0.4 
India                   5       19      66.2    9.3 
Belgium                 2.6     14      9.8     3.1 
Luxembourg              1.1     2.1     7.2     2 
Reunion Island          4.0     18      1.7     2.4 
South Africa            1.2     15.6    49      10.5 
Switzerland             18.6    40.2    21      12 
U.K.                    121     87.6    70      37 
U.S.                    5.2     74.4    36.6    19 
Others                  44.3    10.6    54      26.3 
-                       ----------------------------- 
Total                   229     360     393     195 
Source: Bank of Mauritius 
 
* Figures for 2009 are for the period January-September only 
 
73. In 2008, the largest inflows of the USD 393 million of FDI into 
Mauritius came from U.K., followed by India, South Africa, France 
and the United States.  Together these five countries represented 
close to 70 percent of total investments.  The bulk of the FDI was 
directed to the tourism and banking sector.  From January to 
September 2009, FDI stood at USD 195 million, the main sources being 
France (USD 57 million), U.K. (USD 37 million), and the United 
States (USD 19 million), followed by Switzerland, Dubai, and South 
Africa.  Hotel and tourism, real estate development under the 
Integrated Resort Scheme (luxury villas), and banking are the 
sectors that attracted the bulk of the FDI in 2009. 
 
74. There is one U.S. investor in the export-oriented manufacturing 
sector.  Mauriden Ltd, owned by a U.S. investor, was one of the 
first companies to operate in the EPZ more than 30 years ago. 
Initially involved in diamond cutting and polishing, Mauriden now 
focuses on the production of jewelry for its duty free shops 
(Adamas).  As indicated in the Freeport section above, three U.S. 
companies (Amazing Stones Ltd, Boxmore, and Casamar) are present in 
the Freeport zone. 
 
75. Apollo-Blake, a joint venture between American (20 percent) and 
South African (80 percent) investors, started operations in 2008 as 
a Business Process Outsourcing (BPO) company that focuses on 
customer relations services, working primarily with U.S.-based 
customers. The company, which provides bilingual services (English 
and French) to its clients, had 220 employees at the end of 2009 and 
plans to expand to 400 employees by end of 2010. 
 
76. In November 2009, Thompson-Chalon Associates, another U.S. and 
South African joint venture, signed a memorandum of understanding 
with the Government of Mauritius for the development and financing 
of the Mauritius Land-Based Oceanic Park, an eco-park project that 
will pump cold sea water 1,000 meters deep for air conditioning of 
data centers and other applications.  Two U.S. firms are involved in 
the implementation of the first phase of the eco-park, valued at USD 
150 million.  Makai Ocean Engineering of Hawaii will be responsible 
for the construction of the pumping station and the laying of pipes 
while Fortress International will build 10,000 sq. meters of data 
center on part of the 120 hectares of land allocated for the project 
on the west coast of the island. Works are scheduled to start in the 
first quarter of 2010. 
 
77. MIC-USA Inc., a subsidiary of Millicom International Cellular, 
is a joint venture partner (50 percent shareholding) with local 
company Emtel Ltd in the provision of cellular phone service in 
Mauritius.  Ceridian (Mauritius) Ltd., a subsidiary of Ceridian Inc. 
specializes in software development and payroll and human resource 
solutions for European, U.S., and Canadian markets.  Other U.S. 
businesses operating in the domestic Mauritian market include 
Caltex, a brand owned by Chevron Corporation.  Microsoft and IBM 
have regional distribution offices in Mauritius, serving the Indian 
Ocean region.  KFC, Pizza Hut, and McDonald's have been operating in 
Mauritius for a number of years, all through local franchisees.  UPS 
and FedEx also have offices in Mauritius. 
 
78. Other U.S. investments in Mauritius include Covance Laboratories 
Ltd, a subsidiary of Covance Inc., which holds 43 percent of the 
share capital of Noveprim Ltd., a local company involved in the 
breeding of monkeys for export to U.S. and European medical research 
laboratories.  In 2006, Covanta Energy established a joint venture 
with local company Gamma Civic Ltd to build, own, and operate a USD 
160 million waste-to-energy project in Mauritius.  Plans were to 
operate a 20 MW power plant generating electricity from 300,000 
metric tons of solid waste annually.  However, Embassy believes 
Covanta may withdraw its plans because of a Mauritius court ordered 
stay to its business license pending government completion of a much 
delayed Environmental Impact Assessment. 
 
79. Several French, British and Indian companies in joint ventures 
with Mauritian partners have invested in the ICT sector in Mauritius 
as a result of the government's determination at the beginning of 
this decade to develop Mauritius into a cyber island.  Other leading 
global players, including Accenture, Orange Business Services 
(France), InfoSys (India), Hinduja (India), Huawei (China), TNT 
(U.K.) have started Business Process Outsourcing activities, call 
centers, disaster recovery and business continuity centers, and 
software development. 
 
80. Significant investment has been made by Indian companies in the 
past several years.  Indian Oil Ltd. has built a 24,000 metric 
ton-fuel storage terminal as well as a testing laboratory.  It also 
operates a number of retail distribution outlets in Mauritius. 
 
81. Another Indian company, Mahanagar Telephone Mauritius Ltd., 
(MTML) started international long distance telephone service as well 
as fixed phone services in competition with the local utility 
(Mauritius Telecom), in early 2006.  It now also provides mobile 
phone and wireless internet services.  The State Bank of India 
acquired 51 percent equity in a local domestic bank for the sum of 
USD 8 million.  In 2007, Apollo Hospitals Group from India embarked 
on the construction of a high-tech 200-bed hospital in Mauritius, 
estimated at USD 30 million, in joint venture with a local corporate 
group.  The hospital is operational since July 2009. In December 
2008, another Indian healthcare provider, Fortis Healthcare Ltd., 
invested approximately USD 2 million in the share capital of a 
well-known private local health clinic.  Fortis has upgraded the 
services provided by the clinic and plans to develop the clinic into 
a 400-bed health center providing specialized services in the 
future.   Various Indian hotel groups, including Oberoi, Sagar and 
Taj, have also invested in high-end hotels and resorts in 
Mauritius. 
 
82. A Chinese consortium, including Taiyuan Iron & Steel Group, the 
Shanxi Group, and the Tianli Group, is set to invest USD 770 million 
in the Jin Fei Economic and Trade Cooperation Zone, the largest and 
most important foreign direct investment in the country. This 
development project, backed by the Chinese government, is expected 
to attract Chinese investors in a wide range of sectors, including 
manufacturing, information technology, property development, tourism 
and leisure, health, logistics, and services.  Works on the project 
started at the end of 2009 and it is scheduled to be completed in 
2016. It will create more than 34,000 direct jobs as well as a 
substantial number of indirect jobs and generate up to USD 215 
million in export earnings a year.  The Chinese government is 
encouraging the Chinese business community to invest in Mauritius in 
order to tap the regional markets of COMESA and SADC. 
 
83. Investment opportunities in Mauritius are available in the 
following sectors: seafood and aquaculture, information and 
communication technology (particularly legal and business process 
outsourcing), tourism, land-based oceanic industry (exploiting 
deep-sea cold water for air conditioning, water bottling, 
aquaculture, and pharmaceuticals), hospitality and real estate 
development (including hotels and integrated resort/luxury villas), 
ethanol production, spinning, renewable energy, environment, 
clinical trials, education and training, healthcare, creative arts, 
and global professional services. 
 
84. CAPITAL OUTFLOWS: In Mauritius, there are no restrictions on 
capital outflows.  The bulk of  direct outward investment for the 
past three years have been coming from  the tourism sector (hotel 
construction) in Maldives and Seychelles, the manufacturing sector 
(mainly apparel) in Madagascar, and the banking sector in 
Seychelles, Maldives and South Africa. 
 
85. The Government of Mauritius supports regional integration.  In 
line with this objective and in order to promote food security, the 
Government of Mauritius has established a Regional Food Company 
(RFC).  Under this initiative, Mauritius plans to grow a variety of 
crops, including rice, potatoes, onions, and corn in Mozambique and 
Madagascar. The Government of Mauritius has recently obtained 16,000 
hectares of land from the Government of Mozambique for the growth of 
agricultural staples.  The RFC, in association with private firms, 
plan to start the cultivation of rice in part of these lands in 
2010. 
 
86. The Mauritius Commercial Bank Ltd, the largest banking 
corporation in Mauritius, has established a strong presence in the 
Indian Ocean region with operations in Reunion, Madagascar, 
Seychelles, Mozambique, and more recently in the Maldives.  They 
also have operations in France.  The State Bank of Mauritius, 
another important local bank, has established banking operations in 
India and Madagascar.86. Outward FDI in the garments industry 
emerged in 1990, when the low-end operations were relocated to 
lower-wage countries in the region.  The African Growth and 
Opportunity Act (AGOA) also provided the impetus for several local 
textile companies to open factories in the region, mainly Madagascar 
and Mozambique. 
 
87. Other Mauritian investments on the African mainland relate to 
the use of expertise in the sugar industry to rehabilitate and 
manage sugar production in Mozambique, Tanzania, Ivory Coast, 
Madagascar, and Uganda.  Long-established conglomerates like the 
Rogers Group, IBL Group, the Currimjee Group, the Food and Allied 
Industries Group, the Altima Group, and the British American 
Investment Ltd. have established foreign subsidiaries in commerce, 
poultry, and financial non-banking services, principally in 
Madagascar.  Mauritius Telecom and Emtel, a subsidiary of the 
Currimjee group, have also invested in the telecommunications sector 
in Madagascar and Seychelles. 
 
88. The following tables provide statistics on FDI outflows by 
country and sector of investment during the period 2006-2009. 
 
Mauritius Direct Investment Abroad by Sector, 2006-2009* 
-                      2006    2007    2008    2009* 
-                         (USD millions) 
Tourism                 12.4    33.4    31.7    17.4 
Manufacturing           10.6    7.3     7       3.2 
Real estate             2.9     7.6     7.3     3.7 
Banking                 0.4     3.5     7.2     6.4 
Other                   9.7     5.2     2.2     1.5 
-                      ----------------------------- 
Total                   36.0    57      55.4    32.2 
 
Direct Investment Abroad by Mauritius, 2006-2009 
-                      2006    2007    2008    2009* 
-                         (USD millions) 
France                   -      2       5.2     6 
Reunion Island          0.2     4       4.8     1 
USA                      -      2.9     0.4     0.8 
Madagascar              9.2     8.3     8       2.7 
Maldives                3.4     9.3     21      9.8 
South Africa            0.4     1.1     0.7      - 
India                    -      1       0.9     0.4 
Seychelles              5.9     5.4     5.7     6.3 
Mozambique              8.6     4.5     0.3     0.3 
Others                  8.1     18.5    8.4     4.9 
-                      ----------------------------- 
Total                   36.0    57      55.4    32.2 
Source: Bank of Mauritius 
 
* Figures for 2009 are for the period January-September only 
 
 
 
WALKLEY