WORLD TRADE
ORGANIZATIONWT/TPR/M/90/Add.2
15 February 2002
(02-0784)
Trade Policy Review Body
2 and 5 November 2001
TRADE POLICY REVIEW
MAURITIUS
Minutes of Meeting
Addendum
FURTHER RESPONSES TO QUESTIONS RAISED BY THE EUROPEAN UNION,
CANADA, AND THE UNITED STATES.WT/TPR/M/90/Add.2
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Question 16 (United States)
The Secretariat's Report notes that the number of products subject to price control was increased in
2000.  What caused this increase in the number of products?
Answer
Price Control of aerated beverages was reintroduced around end of year 2000 due to an abusive
increase in retail price to consumers.
Question 3 (Canada)
According to para. 4, the legislation on government procurement has been revised several times in
recent years and is currently under review again by a High Powered Committee.  What measures arebeing included in this latest review of Mauritius' legislation on government procurement to ensure that
the procurement process is open and fair for foreign entities?
Question 10 (European Union)
The EU would be interested to receive some ad ditional information about the Review of the CBTA:
What is the status of the review of the Central Tender Board Act by the High Powered Committee?Mauritius states its intention of ensuring ‘conformity with international norms and practices’;  could
Mauritius confirm that this new legislation will be in conformity with the GPA?  Is Mauritius ready to
provide the WTO Secretariat with all preparatory legislation under this review?  And finally, what are
the major changes foreseen to existing legislation?
Answer
The High Powered Committee (HPC) is at the stage of completing its report on the review of
procurement legislation.  The objective is to establish an efficient and modern system of procurementbased on the fundamental principles of accountability transparency and non-discrimination of tenders
in compliance with international norms and good governance.  Any new legislation/amendment will
depend on government acceptance of the recommendations of the HPA report.  It will therefore be
premature to submit to WTO any preparatory legislation under review.
Question 11 (European Union)
We would also be grateful if Mauritius could further elaborate on the eligibility for tender.  In
particular, what are the criteria used in practice to open a tender to foreign suppliers?  What is meant
by ‘in principle only local firms and local agents of foreign suppliers are eligible for open tenders’?
What is the definition of a ‘local or domestic firm’ and a ‘local supplier’ according to Mauritius’
national procurement legislation?  Does the current review of the procurement legislation intend toabolish preferential treatment for domestic suppliers?
Answer
The eligibility for tender is based on the subject-matter of the Tender, i.e. the nature of the goods and
services to be procured and the circumstances (normal or exceptional) under which the tender is
proposed to be floated.  Government in determining eligibility has also to ascertain that the objectiveof value for money is achieved.  In consideration of the foregoing, the CTB in consultation with the
purchasing agency determines the procurement mode, i.e. local or international.  It would be
inappropriate to refer to "in principle only local firms and local agents of foreign suppliers are eligibleWT/TPR/M/90/Add.2
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to open tender".  The principle applies when it is necessary for government to ascertain that there are
adequate back up post delivery services.  Our procurement legislation does not make reference tolocal, domestic firms etc.  What is material in th is concept is that these parties hold a valid trade
licence.  Domestic preferences are inclusive in the c ontext of international procurement.  This is based
on procurement guidelines of international financing agencies.  The margin is predetermined and is
public knowledge.  At the time of tender, the margin of preference is clearly spelled out in the tender
document.  For instance, regional preference which extends to domestic preference is permissibleunder procurement financed by the African Development Bank.
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