jurisdiction

Mauritius
Source of lawThe main legislation governing bribery and corruption in Mauritius is the Prevention of Corruption Act 2002 (POCA).
Offence

Bribery by public official (section 4)

Any public official   who solicits, accepts or obtains from another person, for himself or for another, a gratification for:

Bribery of public official (section 5)

Any person who gives, agrees to give, or offers a gratification to a public official for:

  1. doing or abstaining from doing, or having done or abstained from doing, an act in the execution of his functions or duties;
  2. doing or abstaining from doing, or having done or abstained from doing, an act which is facilitated by his functions or duties;
  3. expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance of an act in the execution of his functions or duties;
  4. expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance of an act by another public official, in the execution of the latter's functions or duties;
  5. assisting, favouring, hindering or delaying, or having assisted, favoured, hindered or delayed, another person in the transaction of a business with a public body, shall commit an offence.
Offence
  • Public official using his office for gratification (section 7)
  • Bribery for procuring contracts (section 12)
  • Bribery of or by public official to influence the decision of a public body (section 8)
  • Bribery of or by foreign public official (section 8A)
  •  Taking gratification to screen offender from punishment (section 6)
The bribe 
Is there a presumption that the advantage was given/received corruptly?Section 83 of the POCA provides that it shall be presumed that at the time a gratification was received, the recipient knew that such gratification was made for a corrupt purpose.
Would facilitation payments be caught?Yes
Would corporate hospitality be caught?

 No

 No specific provision captures corporate hospitality.

Is there any de minimis? No
Does the bribe have to be monetary? No 
Public officials 
Does the offence only apply to bribing public officials?Yes
Acts performed outside Mauritius 
Can bribery performed outside Mauritius be caught?Yes
Does the act also need to be illegal in the foreign country of performance? No
Who can be liable? 
Mauritian nationals?Yes
Mauritian company?Yes
Mauritian partnership (including limited liability partnerships) incorporated?Yes
Director of Mauritian company?Yes
Mauritian company if the bribe is committed abroad by its foreign subsidiary?No specific provision provided under POCA in relation to foreign subsidiary. However, section 82A (2) provides that any act alleged to constitute an offence under POCA or a money laundering offence and which is committed outside Mauritius by a person, other than a company incorporated in Mauritius, shall, regardless of whether or not the act constitutes an offence or not at the place of its commission, be deemed to have been committed also in Mauritius if that act affects or is intended to affect a public body, a business or any other person in Mauritius
Foreign subsidiary of a Mauritian company if the bribe is committed abroad?No specific provision provided under POCA in relation to foreign subsidiary.
Foreign national/company/partnership if bribe is committed in Mauritius?Yes
Foreign national domiciled or “ordinarily resident” in Mauritius if bribe is committed outside Mauritius?

Any offence committed in a country outside Mauritius as contemplated in section 82A4 is, for the purpose of determining the jurisdiction of a court to try the offence, deemed to have been committed:

  1. at the place where the accused is ordinarily resident; or
  2. at the accused person’s principal place of business.
Foreign company/partnership if bribe is committed abroad?

 No 

No specific provision regarding foreign company/partnership if bribe is committed abroad

Penalties 
Penalties include:
  • Any person convicted shall be liable to penal servitude for a term not exceeding 10 years.
  • Any legal person who commits an offence shall, on conviction, be liable to a fine not exceeding 10 million rupees.

Taking gratification to screen offender from punishment

  • Section 6 (1) of the POCA provides that upon conviction, the person shall:
  1. where the offence is a crime, be liable to imprisonment for a term not exceeding 5 years;
  2. where the offence is a misdemeanour, be liable to imprisonment for a term not exceeding 1 year;
  3. where the offence is a contravention, be liable to imprisonment for a term not exceeding 6 months.
Defences 
Are there any defences available?No