WT/TPR/M/304/Add.1
11 February 2015
(15-0863)  Page: 1/44
Trade Policy Review Body 
22 and 24 October 2014  Original: English
anglais
inglés
 
TRADE POLICY REVIEW 
MAURITIUS  
MINUTES OF THE MEETING 
Addendum 
Chairperson: H.E. Mrs. Mariam MD Salleh (Malaysia) 
This document contains the advance written questions and additional questions by WTO 
Members, and replies provided by Mauritius.1 
 
 
Organe d'examen des politiques commerciales 
22 et 24 octobre 2014 
EXAMEN DES POLITIQUES COMMERCIALES 
MAURICE  
COMPTE RENDU DE LA RÉUNION 
Addendum 
Présidente: S.E. Mme. Mariam MD Salleh (Malaisie) 
Le présent document contient les questions écrites communiquées à l'avance par les 
Membres de l'OMC, leurs questions additionnelles, et les réponses fournies par Maurice.1 
 
 Órgano de Examen de las Políticas Comerciales 
22 y 24 de octubre de 2014 
EXAMEN DE LAS POLÍTICAS COMERCIALES 
M
AURICIO  
ACTA DE LA REUNIÓN 
Addendum 
Presidenta: Excma. Sra. Mariam MD Salleh (Malasia) 
En el presente documento figuran las preguntas presentadas anticipadamente por escrito y 
las preguntas adicionales de los Miembros de la OMC, así como las respuestas facilitadas por Mauricio.
1 
                                               
1 In English only./En anglais seulement./En inglés solamente. WT/TPR/M/304/Add.1 
 
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  TRADE POLICY REVIEW OF MAURITIUS 
22 AND 24 OCTOBER 2014 
Replies provided by Mauritius to their advance written questions 
UNITED STATES ............................................................................................................... 3  
FOLLOW-UP QUESTIONS FROM THE UNITED STATES ..................................................... 12  
CANADA ........................................................................................................................ . 15 
CHINA ......................................................................................................................... ... 18  
EUROPEAN UNION ......................................................................................................... 20  
BRAZIL ........................................................................................................................... 36  
PERU .......................................................................................................................... .... 40  
THAILAND ......................................................................................................................  41 
ADDITIONAL WRITTEN QUESTI ONS FROM TH AILAND ................................................... 43  
 
 WT/TPR/M/304/Add.1 
 
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  UNITED STATES 
WTO TRADE POLICY REVIEW OF DJIBOUTI AND MAURITIUS 
22 AND 24 OCTOBER 2014 
QUESTIONS by the US FOR THE GOVERNMENT OF MAURITIUS 
Part I: Questions on the Secretariat report (WT/TPR/S/304) 
2 TRADE AND INVESTMENT REGIME 
2.2 Trade Agreements and Arrangements  
2.2.1 WTO 
Page 23, paragraph 2.9:  The Secretariat reports that while Mauritius has maintained a solid 
record of notifications to the WTO, some remain outstanding. These include: agriculture (export 
subsidies and domestic support); TRIPS (checklist of issues on enforcement); import licensing; 
quantitative restrictions; customs valuation (interest charges); subsidies (both new and full 
notification as well as semi-annual notifications); import data for 2012; and state-trading enterprises. Mauritius made no notifications over  the review period under GATS Article III.3 and 
GATS Article VII.4, and it has not notified its RT As with Pakistan and the Indian Ocean Commission 
(applying only Madagascar).  
Question: 
When does the Government of Mauritius expect  to submit its outstanding notifications, 
including those on agriculture export su bsidies and agriculture domestic support? 
ANSWER: 
Mauritius has submitted the following notifications in the year 2014 to the WTO 
Types of Notifications Date WTO Reference 
State Trading Enterprises 01.10.2014 G/STR/N/14/ MUS 
G/STR/N15/ MUS 
Subsidies- The Freeport Scheme 30.09.2014 G/SCM/N/275/MUS 
Import Licensing Procedures 26.09.2014 G/LIC/N/3/MUS/4 
Notification under articles 25.11 and 
25.12 of the agreement on subsidies and 
countervailing measures 23.09.2014 G/SCM/N/202/MUS 
Notification of Category A Commitments 
under the Agreement on Trade 
Facilitation  08.07.2014 WT/PCTF/N/MUS/1 
Notification under the General 
Agreement on Trade in Services-Article 
III:3  13.10.2014  
The following outstanding notifications are under pr ocess and are expected to be submitted within 
the next weeks. 
i. Partial Scope Agreement with Pakistan 
ii. Quantitative Restrictions 
iii. TRIPS 
iv. Agriculture ( Subsidies and Domestic Support) 
With regard to duty free trade between Mauritius and Madagascar this took place in the context of 
the PRIDE Project (Programme Regional Integré des Echanges) which ended in 2000. Subsequently, with the launching of the COMESA Free Trade Area in 2000, both countries 
subsumed their trade regimes in COMESA as both IOC and COMESA have the same rules of origin. 
The COMESA Free Trade Area has already been notified to the WTO under the Enabling Clause.  WT/TPR/M/304/Add.1 
 
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  2.3.2 Recent reforms 
Page: 32, paragraph 2.30 : The Secretariat’s report indicates that, according to the World Bank, 
Mauritius has taken various initiatives to improve the business environment since 2008. Among 
other things, the reports notes that redundancy revisions in labor laws have been made more 
flexible. Footnote 43 explains some of the changes,  including that of severance pay. The statement 
says that, “Severance pay is mandatory only if the grounds for redundancy pay is found to be 
invalid .” 
Question: 
Please clarify when grounds would be found  invalid. Does a work er receive severance 
pay when his job is declared redundant?  
ANSWER: 
The Employment Rights Act 2008, which replaced the Labour Act 1975, has revised the law 
relating to employment, contract of employment or service, minimum age for employment, hours of work, payment of remuneration and other basic terms and conditions of employment. The Act 
has also to some extent reduced the cost of notice and separation in cases of termination of 
employment in as much as: 
1) the period of notice, which under the repealed Labour Act varied according to the length of 
service of the worker and was 3 months for those reckoning more than 3 years’ service, has been 
uniformised to 30 days irrespective of the length of service for contracts of indeterminate duration; 
2) payment of severance allowance by employers to laid-off workers in cases of justified 
termination of employment(be it for redundancy or  for any other cause) is no longer applicable, 
the workers being entitled to join the Workfare Programme and benefit from immediate assistance 
therefrom. However, employers are required under the Employment Rights Act 2008, as 
subsequently amended, to pay in respect of each laid-off worker, in lieu of severance allowance, a 
“recycling fee”, to be credited to a special individual account at the National Solidarity Fund. The 
recycling fee currently payable by employ ers is as per the following rates –  
Between 12 months and up to 120 months of employment continuous - 6 days’ basic wage or 
salary for every 12 months of continuous employment 
Above 120 months up to 240 months of continuous employment - 10 days’ basic wage or salary 
for every 12 months of continuous employment 
More than 240 months of continuous employment - 15 days’ basic wage or salary for every 12 
months of continuous employment 
Note: No recycling fee is payable where the empl oyment of a worker has been terminated for 
gross misconduct. 
It is noteworthy that the Act also provides that  any worker who considers himself to have been 
unjustifiably dismissed from work can lodge a case at the Industrial Court to claim severance allowance at the rate of three months per year of service. The Court may order the payment of 
severance allowance to a worker where - 
i.  the employment of the worker has been terminated for poor performance of 
misconduct,, the reasons related thereof do not constitute valid reasons for the termination of employment of the worker; or  
ii. the grounds for the termination of agreement of a worker for economic, 
technological, structural or similar nature affecting the enterprise, do not constitute valid reasons. 
It should also be noted that the Employment Rights Act was amended with effect from 11 June 
2013 to provide for the setting up of an Independent Employment Promotion and Protection 
Division  within the Employment Relations Tribunal to determine, within a specific time frame of 30 
days, whether cases of redundancy or closing down of enterprises employing more than 20 
workers are justified or not. Contrary to what was provided for under the repealed Labour Act in such cases, an employer does not need to wait for the determination of the case by Tribunal to 
terminate the employment of a worker and can do  so by giving the appropriate notice to the 
worker. It is only where the Tribunal finds that th e termination of the empl oyment of a worker is WT/TPR/M/304/Add.1 
 
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  unjustified, that the Tribunal can order the rein statement of the worker or the payment of 
Severance Allowance at the rate of 3 months per year of service at the option of the worker.  
3 TRADE POLICIES AND PRACTICES, BY MEASURE 
3.1 Measures Directly Affecting Imports 
3.1.5 Anti-dumping, countervailin g, and safeguard measures 
Question: 
Page 44, paragraph 3.39 : The Secretariat’s report states that Mauritius is currently drafting 
amendments to its 2010 anti-dumping and counterva iling duty law, implementing regulations to 
same, and a separate safeguards law. Please clarify the status of the drafts and when 
Mauritius anticipates notifying the relevant le gislation and regulations to the applicable 
WTO committees . 
ANSWER: 
Mauritius is currently reviewing some of the provisions of the Trade (Anti-dumping and 
Countervailing Measures) Act 2010 and drafting the relevant implementation Regulations. Relevant 
legislation on safeguards is also being prepared separately. Mauritius will notify both legislation to 
the WTO upon their adoption by the National Asse mbly and proclamation by the President of the 
Republic of Mauritius. 
3.3 Measures Affecting Production and Trade 
3.3.3 State trading, state-owned enterprises, and privatization 
Question: Page 58, Table 3.16:  Table 3.16 outlines the State Investment Corporation asset portfolio. 
Please explain whether Mauritius or the State Investment Corporation have any board members or 
possess any other status which would give managerial control over the entities listed in the table. If so, please identify the specific entiti es and the type of control Mauritius or the 
State Investment Corporatio n have in each entity.  
ANSWER: 
It is the normal practice of the State Investment Corporation to have representatives on the Board 
of Directors of its investee companies in order to safeguard the interests of the Corporation.  
As a general rule, SIC will have board representation in all strategic investments where it will have 
an oversight over management. Among the list of investments, SIC has both board and managerial control of its Gaming investments, Entertainment and Leisure assets where it has 
majority control and Editions de L’Ocean Indien. The only exception is Cargo Handling Corporation, 
where despite being a majority shareholder, SIC does not have managerial control of the Company. SIC is currently in the process of impl ementing a strategic review with the objective 
establishing itself as an institutional investor as opposed to investing with active managerial 
control. 
Unconsolidated Subsidiaries 
Though the Corporation holds majority equity and has majority voting rights, it does not have 
effective control over the subsidiaries as all major managerial decisions about the subsidiaries companies require the approval of a majority of votes at the Board meeting and are also subject to approval of the main shareholder. 
Additionally, in many instances, representation at Board level does not reflect the shareholding 
structure of the Corporation in these investee companies.  
Unconsolidated Associates 
Though the Corporation holds 20% equity or more with proportionate voting rights, it does not 
have effective control over the associates companies as they are managed independently through their specific management structures. The Corporation does not have active involvement over the 
management and decision making of the associates.  
Managerial control arises when the company is exposed, or has right to variable returns from its 
involvement with the entity and ability to affect those returns through its power over that entity. WT/TPR/M/304/Add.1 
 
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  In the case of the subsidiaries and associates, th e Corporation does not have the ability to affect 
the results. 
The Corporation adopts a Fair value model. SIC portrays itself in a manner which is consistent with 
its objectives and plans. For example, SIC presents  itself as an 'investment company' rather than 
as a holding company or a conglomerate. It specifies that its performance is based on the 
performance of the investments that it holds; i.e.  the performance is based on the (capital) value 
of the investments or the return from those investments. Entities with more than 50% and 20% 
shareholding respectively are reported as unconsolidated subsidiaries and associates at fair value. 
Question: 
Page 59, paragraph 3.91: The Secretariat’s re port states that Mauritius is undertaking 
privatization activity for a number of en tities where it maintains an ownership 
interest. Please list the entities involved, th e status of the privatization, and if not 
completed, when the privatization for each en tity is anticipated to be completed. Also, 
please state whether Mauritius will maintain any ownership interest or other indirect 
control over these entities once  the privatization is complete. 
ANSWER: 
Since 2008, the State Investment Corporation (SIC) has been adopting a policy whereby it will 
move out of all commercial activities and focus on strategic investment in line with economic 
restructuring plan. 
Privatization of strategic assets concern mainly two clusters and a status of disposal exercise is 
summarized below. 
Casinos of Mauritius 
An Expression of Interest (EOI) was published on  5 July 2014 for the strategic disposal of one or 
more of four casinos: Casino de Maurice Ltd (C DM), Sun Casinos Ltd (SUN), Le Grand Casino du 
Domaine Ltee (GCD), Le Caudan Waterfront Casinos Ltd (CWC). As at deadline date of 14th August 
2014, responses from 11 parties were obtained. Key information requirements have been requested from and submitted by bidders.6 bidder s have confirmed their interest and submitted 
the respective bid bonds. Due diligence will be in itiated soon resulting in the submission of the 
final offer. 
Domaine les Pailles  
A Memorandum of Understanding (MOU) was signed  last year between the Corporation and the 
preferred bidder following a tender exercise for disposal of assets of Domaine les Pailles. The final 
approval from the Prime Minister’s Office regard ing Non-Citizen Property Restriction Act has been 
received recently and the deed of sale will be signed shortly accompanied by an approved 
Implementation and Development Plan. 
It is to be mentioned that the Corporation intends to dispose fully its shareholding in the above-
mentioned clusters. 
Government has also embarked on two other privatization processes which are not mentioned in 
the Report namely: 
i. the Development Bank of Mauritius (DBM) . 
In March 2013, Government decided to restructure the DBM into a Micro Small and Medium 
Entrepreneurs (MSME) bank to improve service delivery to its targeted customers. The new bank 
will operate under a commercial banking licence with an emphasis on MSMEs.  
Negotiations are ongoing with strategic partners.  
Government will retain a minority shareholding. 
ii. The State Insurance Company Ltd. (SICOM) 
Government is in the process of listing SICOM on the Stock Exchange of Mauritius which is 
expected to be completed by March 2015. WT/TPR/M/304/Add.1 
 
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  3.3.5 Intellectual Property Rights (IPRs) 
Question: Page 62, paragraph 3.110:  The Secretariat states that one of the 2009 Intellectual Property 
Development Plan’s recommendations was the implementation of a national IP policy. Has the 
policy been drafted? If so, please describe it s major elements and also provide a copy to 
member states for review . 
ANSWER: 
Given Mauritius’ quest to promote innovation, scientific and technological research and 
development and to attract Foreign Direct Investment in new knowledge intensive sectors, it is crucial to ensure that its Intellectual Property laws are up to date with the latest developments in the field and that adequate structures are put in pl ace to ensure effective enforcement. It is with 
this objective in mind that the Intellectual Property Development Plan (IPDP) was developed with 
the assistance of WIPO in 2009. The IPDP seeks to  ensure, amongst others, that the organisations 
involved in IP enforcement, the potential users as well as generators of IP have the technical 
capacity and know-how to use IP as a tool to promote research, innovation, investment and 
economic growth.  
One of the recommendations of the IPDP is to have a new IP policy for Mauritius. The new 
Intellectual Property policy for Mauritius involves revisiting our IP laws, proposing implementation 
structures that are effective and promoting a coordinated and coherent approach to Intellectual Property administration. In this regard, two piec es of legislation have been drafted, namely: 
i. The Copyright Act 2014 (already in force) 
ii. The Draft Industrial Property Act 2014 (being finalized) 
iii. The Intellectual Property Institutional Arrangement Bill 
The Copyright Act, with input from the US Author ities, was passed by the National Assembly on 1 
April and assented by the President on 21 April 2014.  The Draft Industrial Property Act 2014 is still 
at drafting stage and should be ready to be passed in Parliament by the end of this year, depending on the timing of the elections. 
Question: 
Page 62, paragraph 3.111 : The Secretariat notes that a new Copyright Act was passed by the 
National Assembly and assented to by the President in April 2014. It will enter into force when its 
implementing regulations are finalized, which was expected to happen July 2014.  
• Have the implementing regulations been finalized to-date and is the law in force?  
• Please identify what issues require implem enting regulations and provide a copy of 
the regulations.  
• If regulations have not yet been issued , when will they be expected to be 
finalized?  
• Is the law signed by the President in 2014 available online? If so, please provide 
the link (footnote 88 does not actually link to the law signed by the President in 
2014, but rather the Copyright Act of 2013). 
ANSWER: 
The Copyright Act 2014 was passed in the National Assembly in April 2014 and proclaimed on 31 
July 2014. 
Following the proclamation, the Rights Management  Society (RMS) replaced the Mauritius Society 
of Authors MASA) and it is currently preparing the necessary Regulations for the payment of fees, 
licences and royalties in line with the provisions of the Act.  WT/TPR/M/304/Add.1 
 
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  The Copyrights Act 2014 can be found on the webs ite of the Ministry of Arts and Culture of 
Mauritius, more specifically at the following link: http://culture.gov.mu/English/Documents/legisl ations/The%20Copyright%20Act%202014.pdf.  
Question: 
Page 63, paragraph 3.113 : The Secretariat points out that Mauritius intends to establish a 
Mauritius IP Office and an IP Council. The IP Offi ce would be the lead IP government agency, and 
the Council would coordinate IP policy across the government and between the government and 
the private sector. What is the timeline for the creation of the IP Office and the IP 
Council? According to the Secretariat, both the IP Office and the IP Council will have 
duties relating to IP policy. We appreciate further explanation on how the two organizations will work together and their re spective duties. For example, will one take 
the lead over the other when it comes to developing policy?   
ANSWER: 
Mauritius is also reviewing the Institutional Framework by adopting an Intellectual Property 
(Institutional Arrangement) Bill which has alread y been approved by Cabinet. The Bill aims to 
create an empowered Mauritius Intellectual Prop erty office (MIPO) whose functions will span 
beyond the mere registration of Trade Marks or Patents as is currently the case with the Industrial 
Property office. The proposed MIPO will be the lead Government agency to administer Intellectual 
Property laws, give advice on Intellectual property related issues, promote Intellectual Property awareness, provide the infrastructure to facilita te the development of Intellectual Property in 
Mauritius and provide a better coordination to enhance enforcement. It will also coordinate with 
economic agencies and the business community to  formulate and review Intellectual Property 
policies and practices to be up to date with changes taking place at the International and Regional levels.  
The main functions of the MIPO will include, amongst others: 
• implement strategies, programmes and action plan for the development of intellectual 
property  
• issue guidelines for intellectual property matters  
• collect and maintain data on intellectual property  
• devise and assist in the preparation of educational training programmes on intellectual 
property 
• Responsible for creating awareness on intellectual property matters  
• undertaking workshops, sensitisation programmes and seminars 
• sensitising and encouraging the private and public sectors in developing intellectual property 
management tools 
In addition, an Intellectual Property Council is intended to be established to bring together all the 
various institutions dealing with IP for a more coherent and coordinated approach, as well as to 
provide guidance in the design and implementation of IP policies. IP Policies themselves would be 
developed by the Ministry responsible for the subject of IP matters.  
Enforcement will also be stepped up, including through better coordination among the different 
enforcement Agencies. In this regard an Enforcement Committee will be set up with clear 
modalities relating to enforcement activities as well as linking up with the right holders in a more 
structured manner. 
The MIPO and IP Council will be set up once the Industrial Property Bill is proclaimed and the 
necessary regulations are drafted and adopted.  WT/TPR/M/304/Add.1 
 
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  Question: 
Page 64, paragraph 3.116:  The Secretariat’s report indicates that currently the Mauritius 
Society of Authors (MASA) is responsible for registering copyrights and collecting royalties for 
authors of artistic, literary or scientific works, or derivative works. Once the new Copyright Act 
signed by the President in 2014 enters into fo rce, MASA will be replaced by the Rights 
Management Society.  
• Please clarify if the Rights Management Society is part of or controlled by the 
government.  
• Article 45 of the Copyright Act appears to list the Rights Management Society’s 
functions, but it does not mention copyri ght registration. Will the new law permit 
registration? If so, will the new Society be responsible for registering copyrights, 
or will that function reside somewhere else? If so, where?  
ANSWER: 
The Right Management Society is an autonomous statutory organization set up by legislation. The 
Board will comprise of artists and representa tives of Ministry/Departments responsible for 
copyright matters.  
RMS will be responsible for the management including protection of all issues relating to copyright. 
4 TRADE POLICIES BY SECTOR 
4.1 Agriculture, Forestry and Fisheries 4.1.2.2.1. Sugar 
Question: 
Page 68, Box 4 Box 4.1: The Secretariat’s re port indicates that Mauritius is improving 
the sugar sector, including improving the cost competitiveness of the sugar milling 
sector, to be accompanied by “measures for rightsizing the labour force through 
compensation packages, training and adaptati on initiatives, and modernization of funds 
for trade unions .” Can Mauritius provide any info rmation on how many workers are 
involved in the downsizing? Are they entitled  to severance pay? Please clarify what is 
meant by “modernization of funds for trade unions.” 
ANSWER: 
a. Number of workers of the sugarcane industry who have been involved with the 
downsizing are 17,000. 
b. Workers who have opted for the voluntary termination of employment in the sugar 
cane sector are not entitled to severance pay. 
However, the workers are entitled for compensati on according to provisions made in the Sugar 
Industry Efficiency Act (SIE) 2001 and the Blue Print on the Centralization of Milling Operations in 
Mauritius (May 1997) 
c. The implementation of the sugar reform in Mauritius and specifically the Voluntary 
Retirement Scheme and Early Retirement Scheme there was a significant number of 
workers who left the sugar industry hence leading the various trade unions to lose members. Hence, the objective of the Modernization Fund for Trade Unions is to provide financial support to the recognized trade unions.  
Part II: Questions on the Government Report (WT/TPR/G/304) 
2 ECONOMIC ENVIRONMENT 
2.8 Main challenges to growth 
2.8.1 Macroeconomic challenges 
Page 15, paragraph 2.61: The Government report states that one of Mauritius’s 
economic growth challenges is the external environment, adding, “In this regard, the 
IMF recommended an appropriate policy respon se that should include: (i) allowing 
automatic fiscal stabilizers to work; (ii) lim ited targeted spending increases focused on WT/TPR/M/304/Add.1 
 
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  specific growth supporting interventions to facilitate labour market adjustment; (iii) 
moderately expansionary monetary policy; and (iv) allowing the exchange rate to act as 
a shock absorber.” 
• What steps has Mauritius taken with regards to these IMF recommendations?  
• With regards to the recommendations in (ii), what sectors are being affected? 
ANSWER: 
In the Report of the 2014 IMF Article IV Consultations with Mauritius, it was noted that “Mauritius 
prudent policies and strong institutions have delivered steady growth, well-anchored inflation 
expectations and continued financial stability”.  
It was also observed that the economic resilience of Mauritius was supported by relevant fiscal 
measures as well as increased diversification of export destinations. 
Since June 2013, the Monetary Policy Committee of the Bank of Mauritius has left the key policy 
interest rate unchanged at 4.65 per cent – its lowest level since the current monetary policy framework was implemented in December 2006. While the key policy rate has remained 
unchanged, abundant liquidity in the money market - following partial sterilisation of the Bank’s 
intervention on the foreign exchange market to stem the excessive appreciation of the domestic 
currency which was hurting the export-oriented sectors of the economy -, contributed to bring 
down money market interest rates and long-t erm interest rates on government papers.  
The exchange rate of the Mauritian rupee is determined by market forces. However, the Bank has 
been regularly intervening on the domestic fo reign exchange market to prevent a too rapid 
appreciation of the exchange rate. The Bank’s in tervention was geared towards avoiding excessive 
volatility and misalignment of the exchange rate vis- ẚ-vis macroeconomic fundamentals. Since 
May 2012, there has been a depreciation of the no minal effective exchange rate of the domestic 
currency. The IMF had in its 2013 Article IV Mission Report mentioned that the Rupee was 
overvalued. But in its 2014 Article IV Mission Report, the IMF supported the view that the real effective exchange rate (REER) is moderately over valued by around 7 per cent and should decline 
to 4 per cent by 2018. It also highlighted that the estimates are subject to considerable 
uncertainty. The IMF thus confirmed that the actions undertaken by the Bank were appropriate. Further, there has lately been lower demand for foreign exchange reflecting slower economic growth which has led to a stabilisation of the rupee exchange rate.  
Lower market interest rates combined with the depr eciation of the exchange rate of the domestic 
currency have led to a situation where monetary conditions have become more accommodative than a year ago.  
List of measures taken for facilitating labour market adjustment 
• For Export Oriented Enterprises, work permit applications is being fast tracked and will be 
delivered within two weeks. 
• For these enterprises, annual work permit fees for employees after the fifth year of 
employment has been reduced from Rs 10,000 to Rs 6,000. 
• Implementation of a new “Back to Work” Programme particularly for women who wish to re-
join the labour force. This will consist of sp ecial training schemes to prepare them in 15 
occupations. 
• For local enterprises, work permits will be granted on the basis of scarcity areas. 
• Removal of the exemption from payment of the Levy, National Pensions Fund and National 
Savings Fund in respect of foreign workers fo r their first two years of employment, except 
for those working in the Export Oriented Enterprises. 
• Online application and online payment for streamlining of Work Permits. 
• Actively promote the placement of our young technicians, graduates and professionals on 
the African continent. 
• Setting up a Dual-Apprenticeship Scheme, with new regulations, by extending the existing 
Apprenticeship Program to cover diploma and degree courses to increase work-readiness of 
youth. WT/TPR/M/304/Add.1 
 
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  • Putting in place the Youth Employment Programme that enables unemployed youth between 
16 and 30 years of age to obtain a placement and training in a company for an initial period of one year, with the possibility of permanent employment thereafter. 
• Publication of a six-monthly Employment Trends Survey to inform the youth on career 
opportunities. 
• To bridge the expectation gap between academia and industry, the Education Act was 
amended to ensure consultations between indu stry partners, Government and educational 
institutions regarding trends in the labour market as well as contents of courses.  
• Legislations of public universities have been amended to put in place consultative 
committees so that all partners have a say in the design and delivery of education and higher education in Mauritius. 
“Les Assises de L’Education” is being held every year to develop sector priorities with the 
participation of stakeholders involved in education.  WT/TPR/M/304/Add.1 
 
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  FOLLOW-UP QUESTIONS FROM THE UNITED STATES 
WTO Trade Policy Review  
Additional Follow up questions for Mauritius 
From the United States 
Original Question: 
Page 62, paragraph 3.111 : The Secretariat notes that a new Copyright Act was passed by the 
National Assembly and assented to by the Presiden t in April 2014. It will enter into force when its 
implementing regulations are finalized, which was expected to happen July 2014.  
• Have the implementing regulations been finalized to-date and is the law in force?  
• Please identify what issues require implem enting regulations and provide a copy of 
the regulations.  
• If regulations have not yet been issued , when will they be expected to be 
finalized?  
• Is the law signed by the President in 2014 available online? If so, please provide 
the link (footnote 88 does not actually link to the law signed by the President in 
2014, but rather the Copyright Act of 2013). 
ANSWER: 
The Copyright Act 2014 was passed in the National Assembly in April 2014 and proclaimed on 31 
July 2014. 
Following the proclamation, the Rights Management  Society (RMS) replaced the Mauritius Society 
of Authors MASA) and it is currently preparing the necessary Regulations for the payment of fees, 
licences and royalties in line with the provisions of the Act.  
The Copyrights Act 2014 can be found on the webs ite of the Ministry of Arts and Culture of 
Mauritius, more specifically at the following link: 
http://culture.gov.mu/English/Documents/legisl ations/The%20Copyright%20Act%202014.pdf.  
FOLLOW UP QUESTION: 
We kindly request further clarification: 
• The Secretariat report notes that the 2014 Copyright Law would was expected to enter into 
force in July 2014. Has the 2014 Copyright Law entered in force?  
• Are there any provisions of the 2014 Copyright Law (other than RMS’s regulations for the 
payment of fees, licences and royalties in line with the provisions of the Act) that still need 
implementing regulations? If so, what provisions? 
• Please identify the provisions that require im plementing regulations and provide a copy of 
the regulations.  
• If regulations have not yet been issued, when  will they be expected to be finalized? 
ANSWER: 
• With the Proclamation of the Copyright Act on 31 July 2014, all the provisions of the 
Copyright Law are in force. 
• Regulations are being finalized for the payment of fees and licenses by users of Copyrighted 
materials.  
• These regulations are expected to be ready by the end of March 2015. WT/TPR/M/304/Add.1 
 
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  Original Question: 
Page 63, paragraph 3.113 : The Secretariat points out that Mauritius intends to establish a 
Mauritius IP Office and an IP Council. The IP Office would be the lead IP government agency, and 
the Council would coordinate IP policy across the government and between the government and 
the private sector. What is the timeline for the creation of the IP Office and the IP 
Council? According to the Secretariat, both the IP Office and the IP Council will have 
duties relating to IP policy. We appreciate further explanation on how the two 
organizations will work together and their re spective duties. For example, will one take 
the lead over the other when it  comes to developing policy?  
ANSWER: 
Mauritius is also reviewing the Institutional Framework by adopting an Intellectual Property 
(Institutional Arrangement) Bill which has alread y been approved by Cabinet. The Bill aims to 
create an empowered Mauritius Intellectual Prop erty office (MIPO) whose functions will span 
beyond the mere registration of Trade Marks or Patents as is currently the case with the Industrial 
Property office. The proposed MIPO will be the lead Government agency to administer Intellectual 
Property laws, give advice on Intellectual property related issues, promote Intellectual Property awareness, provide the infrastructure to facilita te the development of Intellectual Property in 
Mauritius and provide a better coordination to enhance enforcement. It will also coordinate with 
economic agencies and the business community to  formulate and review Intellectual Property 
policies and practices to be up to date with changes taking place at the International and Regional levels.  
The main functions of the MIPO will include, amongst others: 
• implement strategies, programmes and action plan for the development of intellectual 
property  
• issue guidelines for intellectual property matters  
• collect and maintain data on intellectual property  
• devise and assist in the preparation of educational training programmes on intellectual 
property 
• Responsible for creating awareness on intellectual property matters  
• undertaking workshops, sensitisation programmes and seminars 
• sensitising and encouraging the private and public sectors in developing intellectual property 
management tools 
In addition, an Intellectual Property Council is intended to be established to bring together all the 
various institutions dealing with IP for a more coherent and coordinated approach, as well as to 
provide guidance in the design and implementation of IP policies. IP Policies themselves would be 
developed by the Ministry responsible for the subject of IP matters.  
Enforcement will also be stepped up, including through better coordination among the different 
enforcement Agencies. In this regard an Enforcement Committee will be set up with clear 
modalities relating to enforcement activities as well as linking up with the right holders in a more structured manner. 
The MIPO and IP Council will be set up once the Industrial Property Bill is proclaimed and the 
necessary regulations are drafted and adopted.  
FOLLOW UP QUESTION:  
Mauritius notes that IP Policies would be developed by the Ministry responsible for the subject of IP 
matters. What Ministries would those be? Will MIPO be part of a Ministry? If so, which one? 
ANSWER: 
The IP policies would be developed by the Ministry responsible for international trade.  WT/TPR/M/304/Add.1 
 
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  The MIPO would be an institution falling under the purview of the Ministry responsible for 
international trade, which, currently, is the Minist ry of Foreign Affairs, Regional Integration and 
International Trade. 
Original Question: 
Page 64, paragraph 3.116:  The Secretariat’s report indicates that currently the Mauritius 
Society of Authors (MASA) is responsible for registering copyrights and collecting royalties for 
authors of artistic, literary or scientific works, or derivative works. Once the new Copyright Act 
signed by the President in 2014 enters into fo rce, MASA will be replaced by the Rights 
Management Society.  
• Please clarify if the Rights Management Society is part of or controlled by the 
government.  
• Article 45 of the Copyright Act appears to list the Rights Management Society’s 
functions, but it does not mention copyri ght registration. Will the new law permit 
registration? If so, will the new Society be responsible for registering copyrights, 
or will that function reside somewhere else? If so, where? 
ANSWER: 
The Right Management Society is an autonomous st atutory organization set up by legislation. The 
Board will comprise of artists and representati ves of Ministry/Departments responsible for 
copyright matters.  
RMS will be responsible for the management including protection of all issues relating to copyright. 
FOLLOW UP QUESTION:  
Article 45 of the Copyright Act appears to list the Rights Management Society’s functions, but it 
does not mention copyright registration. Will the new law permit registration? If so, will the new 
Society be responsible for registering copyrights, or will that function reside somewhere else?  
ANSWER: 
Sec. 45 of the Copyright Act lists the function s of the Rights Management Society which are , 
inter-alia, to “Collectively manage rights.........” 
This implies that it will at the same time register works. This function is actually being undertaken 
by the Rights Management Society.  
 WT/TPR/M/304/Add.1 
 
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  CANADA 
World Trade Organization 
Trade Policy Review of Mauritius and Djibouti 
October 22 & 24, 2014 
QUESTIONS FROM THE GOVERNMENT OF CANADA 
MAURITIUS 
Report by the Government (WT/TPR/G/304) 
Report by the Secretariat (WT/TPR/S/304) 
Part III. Trade Policies and Practices by Me asure: Government procurement: paragraph 
3.79, page 52: It is noted that Mauritius is neither a member nor an observer to the WTO Plurilateral Agreement 
on Government Procurement.  
Question: 1. Would Mauritius consider joining the WTO GPA? What is its timeframe for doing 
so? 
ANSWER : 
Mauritius may consider the possibility of joining the WTO GPA as an observer as a first step 
towards permanent membership. A policy decisi on has yet to be taken to that effect. 
Part III. Trade Policies and Practices by Me asure: Government procurement: paragraph 
3.80, page 53: The report by the Secretariat states that ha lf of government spending in 2012 was on the 
procurement of goods. 
Question: 2. Could Mauritius elaborate as to what were the main types of goods that were 
bought?  
ANSWER: 
The main types of goods that were bought :  
i. IT Equipment , 
ii. Office equipment , 
iii. Petroleum products , 
iv. Vehicles and vehicles spare parts , 
v. Photocopy papers , 
vi. Office furniture , 
vii. Primary and secondary schools text books , 
viii. Foodstuff , 
ix. Cleaning materials 
Part III. Trade Policies and Practices by Me asure: Government procurement: paragraph 
3.82, page 54: 
The report by the Secretariat states that tenders for open advertised bidding must be published in 
a national newspaper with wide circulation for national tenders. WT/TPR/M/304/Add.1 
 
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  Question: 
3. Does Mauritius have an electronic-tende r i n g  s y s t e m  i n  p l a c e ?  I f  n o t ,  i s  i t  
considering implementing such a framework? 
ANSWER: 
Yes Mauritius does have an electronic tendering system in place. 
With effect from 12 April 2010, Public Bodies post all invitations for bids undertaken through the 
Open Advertised Bidding(OAB) method on the public procurement website .The following 
documents are also posted on the website: 
i. Annual Procurement Plan; 
ii. Executive Summary of Bid Evaluation Report ; and 
iii. Notice of Award of Procurement Contract . 
Part III. Trade Policies and Practices by Me asure: Government procurement: paragraph 
3.82, page 54: 
It is noted that open international bidding is to  be used where: (a) the estimated value of the 
procurement exceeds the threshold of MUR 200 million. 
Question: 4. Could Mauritius elaborate on the types of  procurement contracts that have been 
opened to international bidding ? 
ANSWER: 
All procurement contracts over MUR 200 M are mandatorily open to international bidding. Circular 
No 4 of 11 February 2014 has been issued by the PPO to that effect . 
However procurement contracts above MUR 5 M are advertised through Open Advertised Bidding 
(OAB) which may be extended to international bidding. 
Question: 
5. Could Mauritius confirm whether all procurement contracts over MUR 200 million 
must be open to international bi dding, or is this discretionary ? 
ANSWER: 
It is mandatory for public bodies to use open international bidding for procurements of goods, 
works and other services, with estimated valu e exceeding Rs 200 million subject to section 
19(1)(a) and section 21 of the Public Procurement Act. 
Part IV. Trade Policies by Sector: 4.1 Agricu lture, Forestry and Fisheries: paragraph 
4.25, page 70 
According to the Secretariat report, the Development Bank of Mauritius (DBM) operates two loan 
programmes with below market interest rates to support farming, fishing and agri-processing 
projects. 
Question: 6. Over the past three years, what has been the total value of the loans made 
through each of the two programmes; and what has been the rate of repayment? 
ANSWER: 
The following information has been obtained from the Development Bank of Mauritius. 
(Rs’M) 
Year 2011 2012 2013
Normal Schemes 17.0 7.0 12.0 
Special Schemes    
Food Security Fund 13.0 17.3 14.5 WT/TPR/M/304/Add.1 
 
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  Year 2011 2012 2013
Total 30.0 24.3 26.0 
Recovery Rate 70% 69% 71% 
It is to be reported that the Development Bank of Mauritius Ltd is in process of being restructured. 
The loans carry interest at Repo Rate plus 3.0%. Repo rate has hovered around 4.65% over the 
last three years; meaning that the interest charge d to the client as per the term sheet is 7.65% 
which is a normal rate compared to the actual market rates. The Prime Lending Rate of the major commercial banks in Mauritius is 7.15% p.a. 
Therefore the rate of 7.65% p.a. is not below the actual market rate.  
 WT/TPR/M/304/Add.1 
 
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  CHINA 
TRADE POLICY REVIEW OF MAURITIUS  
WRITTEN QUESTIONS FROM CHINA 
 
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT 
I. ECONOMIC ENVIRONMENT 
Page 21 （para 1.33 ）  
The EU (mainly the United Kingdom) remains the largest investor in Mauritius, followed by 
Switzerland, the United States, and the United Arab Emirates. 
Question: 
1. Could the Government of Mauritius clarify th e consistency of this statment with the 
cureent situation as refelcted in the Table 1.4 on page 20 of the Secretariat Report ? 
ANSWER:  
In line with information reflected in Table 1.4,  the text on page 21 should read as follows: 
“In 2013, the EU (mainly France) remains the largest investor in Mauritius, followed by China, South Africa and Switzerland.” 
II. TRADE AND INVESTMENT REGIME 
Page 32 （para 2.29-2.31 ）  
The Government of Mauritius has undertaken some measures in investment regime.  
Question: 
2. Please provide further information on the recent reforms that Mauritian Government 
has undertaken.  
ANSWER:  
Other reforms which have been implemented include:  • Starting a Business 
As part of its modernization programme, the Registrar of Companies has moved towards a 
paperless registry leveraging on latest technological tools. In this context, an Electronic Document 
Management System (EDMS) for improving its customer service delivery and a call center has been set up with a view to respond to public queries in an efficient and effective manner. The 
Registrar of Companies has also recently implem ented a fully computerized system for online 
business registration and incorporation of compan y. An e-payment system is integrated to the 
electronic platform. Online search and filing of annual returns can also be carried out through the 
computerized system. 
• Application for Building and Land Use Permits 
The Ministry of Local Government has implemented an  electronic platform for submission of online 
application for Building and Land Use Permit (BLP) as well as an e-monitoring system to track and 
monitor applications. Since June 2014, the new online platform for submission of BLP application is 
operational. An e-payment module has also been integrated to allow electronic payment.  
Through the online platform for BLP application, the applicant can fill in the form and attach 
documents as required. The processing fees are also paid through the system. Once an application 
is logged in, the respective Local Authority (LA) can do the processing. The applicant can also track the status of the application. Communication betw een the respective LA and the applicant is done 
through the system.  
More recently, in budget 2014 measures were announced and are being implemented to Fast Track 
approval of significant projects and to speed up delivery of building and land use permit. A 
FastTrack Committee has been set up chaired by the Financial Secretary to expedite processing of 
all permits and approval concerning major investment projects. A central e-monitoring system has WT/TPR/M/304/Add.1 
 
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  been set up to track all applications for buildi ng and land use permits which would be delivered 
within 14 days of submission of application and past the deadline the silent agreement principle 
applies. 
 WT/TPR/M/304/Add.1 
 
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  EUROPEAN UNION 
MAURITIUS TRADE POLICY REVIEW (22-24 OCTOBER 2014) 
EU QUESTIONS 
WT/TPR/G/304 
Introduction page 4 
growth strategy/potential of the "ocean economy" 
The report shows that the strategy followed before and after the financial crisis is to facilitate the 
integration of the country, now an "an upper middle income country" into the region and into the 
world economy. 
Question : 
1. Could the government give its views as to  how it considers/to what extent it 
considers that the growth since last TPR has been inclusive? 
ANSWER:  
One of the key features of the Government program is the democratization of the economy to 
ensure that equal opportunities are provided to al l segments of society. In this regard, the same 
access to factors of production is provided to all and the Competition Act 2007 set up the Competition Commission with a view to ensuring fair competition in the economy.  
Government has set up specific programs to su pport the more vulnerable segment of economic 
operators, especially the SME`s. An Empowermen t Foundation created by the Government in 2008 
is responsible, inter-alia for re-training of retr enched workers, promoting entrepreneurship among 
SMEs and also support low income and vulnerable group to enable them take advantage of 
economic opportunities.  
In addition, the Equal Opportunities Act 2012 es tablished an Equal Opportunities Commission 
which provides a framework for inclusiveness. 
Government is also expanding economic opportunities for all by creating conditions to develop new 
economic pillars, diversify the economic base and expand economic activities in the region by pursuing an aggressive Africa Strategy to expand the circle of opportunities. Specific assistance 
i s  a l s o  p r o v i d e d  t o  S M E ` s  t o  p r o m o t e  e x p o r t s  t o  r e g i o n a l  m a r k e t s  s o  a s  t o  r e d u c e  t h e i r  
dependence on the domestic market which is too restricted. 
Regarding the specific issue of the potential related to the “ocean economy”, the EU is 
keen to get more information on the governance and legal environment framework that 
the government intends to put in place of management of the ocean economy. 
ANSWER: 
Mauritius produced a roadmap in December 2013 which defines the prime areas where Mauritius 
will be focusing to develop its ocean economy. In this undertaking, it is clear that the Ocean 
Economy rests in the protection of the Maritime health and the preservation of its biological diversity. As one of its objectives it has clearly advocated that the Mauritius Maritime Zone should 
stay ecological clean and safe. 
For each of the cluster define in its roadmap for the ocean economy, there would be a need to 
modernize, and even develop (in some instances) a new a legal and regulatory framework that will allow the undertaking of development activities within strict adherence to environmental norms 
and practices. 
For the development of the Hydrocarbon and Minera l sector, both Mauritius and Seychelles, have 
developed in collaboration with the Commonwealth Secretariat, a comprehensive environmental 
code of practice that would be binding for any activities concerning the Joint Management Area in 
the Mascarene Plateau region. Presently, Mauritiu s is working with the Commonwealth to elaborate 
a similar code for the EEZ of Mauritius. 
Mauritius has requested assistance for the develo pment of a multi-disciplinary geo-spacial plan 
from the Commonwealth and World Bank. This will allow proactiveness in using the maritime space for future activities. WT/TPR/M/304/Add.1 
 
- 21 - 
 
 Mauritius has ratified the United Nations Law of the Sea (UNCLOS) in 1994 and has made 
consequential amendment to its maritime zones act, fisheries and marine resources act and environment protection act to give UNCLOS force of law in Mauritius. 
Mauritius is also a party to the International Convention for the Control and Management of Ships 
Ballast Water and Sediments. At present it has undertaken a biological baseline survey and a risk 
assessment for the Port Louis harbour from marine invasive species that may originate from Ballast. The Government is developing a framework for ballast water management in line with the 
IMO convention. 
Regarding the specific issue of the potential related to the "ocean economy", the EU is keen to get 
more information on the governance and legal environment framework that the government intends to put in place for management of the ocean economy.  
The National Agricultural Product Regulatory Office (NAPRO) 
The creation of the NAPRO, which has been enacted in 2013, is mentioned in paragraph 2.72 page 
16. The report says that "its main function are to "control and regulate the import, export, 
production and sale of regulated products, incl uding meat, meat products, tea products, tea, 
tobacco".  
Question:  
2. Given that the Secretariat reports that the latest STE notification by Mauritius 
dates back 2013, can the authorities explain to  what extent can NAPRO be considered as 
a State Trading entity in the sense of Article 17 of GATT? 
ANSWER: 
The National Agricultural Product Regulatory Office  (NAPRO) is set-up within the Ministry of Agro 
Industry and Food Security to control and regulate the import, export, production and sale of regulated products, i.e. to enforce the provisions  of the NAPRO Act (2013). It is not involved in 
any trading activity. We do not see it as an STE in the sense of Art XVII of GATT.   
Para 2.74 page 17 Mauritius Agricultural Marketing  
Question :  
3. To what extent does the Mauritius Ag ricultural Marketing control exports of 
controlled products? What is its source of financing? 
ANSWER: 
The Agricultural Marketing Board (AMB) is a self-financing institution and has managed to maintain 
a healthy financial statement over the years. Th e AMB’s ability to adapt to change has been a 
constant feature in its development and growth as an organization. As per the Mauritius Agricultural Marketing (Controlled Products) Regulations 2013, the following products are 
regulated at both import and export levels, dr y whole onions, fresh whole garlic, fresh whole 
potatoes, potato seeds, onion seeds, garlic seeds and by catch fish. All import/export must obtain 
clearances by AMB. The purpose of export controls is to ensure that there is no shortage on the 
domestic market. 
Para 2.7.3 on road transport and Para 2.2 page 22 of S 305  that states that the government 
" is looking to attract MUR 200 billion in investments (both public and private) over 2012-22, with priority on upgrading Mauritius' air, maritime, and road transport Infrastructure". 
Question:  
4. Could the government give further details as to what extent it considers involving 
the private sector? Will there be public pr ocurement tenders open  to international 
bidders for example ?  
ANSWER: 
It is mandatory for public bodies to use open international bidding for procurements of goods, 
works and other services, with estimated valu e exceeding Rs 200 million subject to section 
19(1)(a) and section 21 of the Public Procurement Act.  WT/TPR/M/304/Add.1 
 
- 22 - 
 
  For procurements with estimated value of Rs 200 million or less, public bodies may have recourse 
to international bidding where it is known that the requirements cannot be met by the local market, or in view of the contract amount openin g to foreign suppliers might foster competition.  
WT/TPR/S 304 
2.2.2.3 RTAs with other African countries 
Para 2.15 page 26 
Question: 
5. What role does Mauritius intend to play  in Regional economic integration taking 
into account its comparative advantages with  the other countries of the region? How is 
this dimension consistent with the Mauritius-Africa Strategy?  
ANSWER: 
The participation of Mauritius in Regional Economic integration initiatives is aimed at expanding its 
economic space, diversifying its market and promoting cross-border investment. In this regard we are participating actively in Regional Integration processes to eliminate bottlenecks to trade and 
investment, address common infrastructural challenges, with a view to creating business 
opportunities for operators to participate in the development of the region. It also seeks to liberalize trade in services at the regional level, given existing potential to export services and 
facilitate the movement of professionals and busine ss persons. Mauritius is also well positioned to 
be a business and financial platform for the region and has in this regard signed a vast network of 
IPPAss and DTAss with several African countries. Regional Economic integration is an integral part of the Mauritius Africa Strategy. 
Question: 
6. What are the policies and the measures  that Mauritius proposes to implement 
under the accelerated programme for econ omic integration and how are they in 
complementarity to the Tripartite process of regional integrat ion (COMESA/SADC/EAC)?   
ANSWER:  
Mauritius has gone a step forward in regional integration and has teamed up with four like-minded 
and reform-oriented countries namely Malawi, Mozambique, Seychelles and Zambia under the 
Accelerated Programme for Economic Integration (APE I) process. These five countries have agreed 
to accelerate their economic integration process by harnessing foreign investment, creating enhanced employment opportunities and fostering higher economic growth including through the 
sharpening of their competitive edge.  
Under this initiative, an Action Matrix has been adopted covering five pillars. The Action Matrix identifies the priority constraints and a set of specific actions to be implemented over a 3-year time 
frame, starting in May 2013. The 5 pillars requiring reform to remove impediments to trade and 
investment have been identified as:  
1. Improvement of business regulatory environment; 
2. Elimination of barriers to trade in goods; 
3. Promotion of trade in services; 
4. Improvement in trade facilitation; and  
5. Peer to peer learning and capacity building 
The World Bank has facilitated the process. Other development partners, like EU, AfDB and AFD 
have expressed their willingness to support the APEI initiative. This constitutes an important incentive for the participating countries to und ertake commitments and to implement them and 
thus accelerate the process in the region. 
Over the last year, government has taken a number of measures under the APEI process with a view 
to facilitating trade. A list of agricultural products under the control of the Agricultural Marketing Board 
(AMB) has been reviewed whereby import/export control has been removed on a list of agricultural 
products and double approvals have been removed for 11 products.  
Moreover, government has increased the business visa entitlement from 90 to 120 days in a calendar 
year and has started granting multiple-entry business visa. WT/TPR/M/304/Add.1 
 
- 23 - 
 
 The APEI process can be considered as complement to the COMESA-EAC-SADC Tripartite FTA as it 
seeks to facilitate and promote trade in the region by eliminating trade barriers, facilitating movement 
of business persons, promoting trade in services and improving trade facilitation. It is to be noted that all the APEI member states are negotiating the Tripartite FTA. 
The objective of the APEI is to fast-track implemen tation of regional programs and therefore it is a 
complement to regional integration.  
Question : 
7. What are the policy challenges faced by  Mauritius under the trade liberalization 
process in relation to establishing or cons olidating regional integration arrangements 
mainly under the COMESA FTA?   
ANSWER: 
The challenges posed to Mauritius under the regional  trade liberalization program, including that of 
COMESA relate to the impact on the domestic industry given the commonality of traded goods in the region, especially from the larger and more  developed among the COMESA countries. In some 
cases, safeguard measures had to be applied to support the domestic industry. The real policy 
challenge for Mauritius, however, is not linked so much with the Free Trade Agreements as it is with the COMESA Customs Union which was launched in 2008 and is expected to be operational by 
the end of this year. 
Since almost 90% of our tariff lines are current ly duty free, adherence to the COMESA Customs 
Union would lead to policy reversal with spill-over effects on price (as a result of reintroduction of tariffs) as well as the competitiveness of the economy in general. Deciding the right strategy for 
Mauritius to participate effectively in COMESA, SADC and subsequently the Tripartite Customs 
Union, is the real challenge for the country.  
Para 2.9 page 23: subsidies 
According to Para 2.9 page 23, Mauritius has no t submitted the 2013 subsidy notification until 
now. As the notification of subsidies is very impo rtant element in ensuring the transparency of the 
SCM Agreement. 
Question:  
8. Could Mauritius indicate when they are go ing to file a complete and up-to-date 
notification in compliance with their obligations under the SCM Agreement? 
ANSWER: 
Mauritius has already submitted its yearly notification with respect to the SCM Agreement relating 
to the Freeport Scheme for the year 2014 on 30 September 2014. 
Question :  
9. Similarly, according to Para 2.9 page 23, Mauritius has not submitted any semi-
annual notifications until now. Could Mauritius in dicate when if they are going to file a 
notification in compliance with thei r obligations under the SCM Agreement?  
ANSWER: 
Mauritius has submitted the following notifications in the year 2014 to the WTO. 
Types of Notifications Date WTO Reference 
State Trading Enterprises 01.10.2014 G/STR/N/14/ MUS 
G/STR/N15/ MUS 
Subsidies- The Freeport Scheme 30.09.2014 G/SCM/N/275/MUS 
Import Licensing Procedures 26.09.2014 G/LIC/N/3/MUS/4 
Notification under articles 25.11 and 
25.12 of the agreement on subsidies and 
countervailing measures 23.09.2014 G/SCM/N/202/MUS 
Notification of Category A Commitments under the Agreement on Trade Facilitation  08.07.2014 WT/PCTF/N/MUS/1 WT/TPR/M/304/Add.1 
 
- 24 - 
 
  Types of Notifications Date WTO Reference 
Notification under the General 
Agreement on Trade in Services- Article 
III:3  13.10.2014  
Regarding outstanding notifications, we are working on them to be submitted as soon as possible. 
Page 30 Para 2.22 on investment  
Question :  
10. The report states that "The business fa cilitation act amended various laws using 
ex post control of compliance". The EU is in terested to know how the system has worked 
in practice and what happened in case an ex  post audit revealed that an entity had 
violated the rules/guidelines.  
ANSWER: 
The Business Facilitation Act (BFA) has amended 11 pi eces of legislations with a view to providing 
a more conducive business environment. The BFA merged the Building Permit and Development 
Permit into a single Permit. 
In the event that there is violation of the rules / guidelines or discrepancies between the approved 
plan and the actual ongoing construction, the case file inspector will serve a notice to stop work 
and submit amended plans if the discrepancies ca n be accepted; if the discrepancies cannot be 
accepted, stop notice is followed by an order to comply with the approved plan and if this is not done, the matter is taken to court where a guilty developer is charged a fine and the council prosecutor can pray for a pulling down. 
When a building is completed as per plan, the de veloper submits a certificate of completion to 
council which ultimately grants a certificate of occupation to allow the use of the building. In terms of monitoring for Occupation Permit, BOI works in joint collaboration with the Mauritius 
Revenue Authority (MRA) and Passport Immigration Office (PIO) to carry out regular monitoring 
site visits and follow ups based on complaints received. In case permit holders are found in violation of the conditions attached to their permit, they are given 30-days notice to show cause to 
BOI why they should not de registered. If explan ations are not justified, they are deregistered 
from BOI register and PIO is informed to cancel the permit. They are given one month to leave the country. The de-registration is also shared with MRA and Registrar of Companies for any necessary action at their end.  
Page 40, coverage of bound tariffs, Para 3.19 
Question :  
11. Does the Government intend to bind more  tariffs to increase legal predictability? 
ANSWER: 
The Government is prepared to bind more tariffs in the context of the Doha Round Negotiations. 
Para 3.30 page 42 
Differential rates of Excise Tax apply to spirit drinks in Mauritius. Most spirits, including Tequila, 
Vodka obtained by fermented mash of cereals or potatoes, and Whisky, are taxed at 1455 MUR 
per litre of pure alcohol. Others, notably Rum, Distilled Gin, London Gin and spirits based on sugar cane and molasses, are taxed at less than 40% this  rate: at 471 MUR per lpa. For the purposes of 
GATT Article III, paragraph 2, all spirit drinks are directly competitive and substitutable. WTO case 
law has consistently held that all imported and locally produced spirit drinks should be treated in a similar manner and subject to equitable rates of internal taxation (see Japan – Alcoholic Beverages 
II, Chile – Alcoholic Beverages, Korea – Alcoholic Beverages, Philippines – Taxes on Distilled 
Spirits). The different tax rates on directly competitive and substitutable spirit drinks in Mauritius raise questions as to Mauritius’ excise tax regime’s compatibility with the terms of GATT Article 
III.2. WT/TPR/M/304/Add.1 
 
- 25 - 
 
 Question :  
12. What remedial action will Mauritius take to  ensure its excise duty system complies 
with its national treatment commitments in rela tion to the taxation of spirit drinks, in 
accordance with GATT Article III paragraph 2?  
ANSWER: 
The sugar sector, one of the important pillars of the Mauritian economy has been exposed to 
numerous challenges over the past decade. These in clude the dismantling of the Sugar Protocol in 
2009, which had provided guaranteed access for some 510,000 tonnes of sugar at a remunerative 
guaranteed price; reduction to 36% the price of sugar in the aftermath of the World Trade 
Organization (WTO) ruling on European Union (EU) export subsidies and the ushering of a new trading arrangement, including for sugar which provides free access for all African Caribbean 
Pacific (ACP) countries as from 2015 on the EU mark et. The imperative to survive in the face of 
such adversity prompted Government to prepar e a ten year Multi Annual Adaptation Strategy 
(MAAS) 2006-15. This document was endorsed by the EU Commission. One of the key features 
was to move from the Sugar Industry to the Cane Industry, through diversification within sugar 
and the optimisation of the use of its by-products. 
In line with the above objective, a thorough review  of the excise duties on alcoholic products was 
undertaken in June 2006. The review was meant to encourage value addition and export in the 
sector, move towards international best practices and make the excise taxation system WTO-compliant. Thus, the same rate of excise duty on local production and on imports became applicable for the same category of product. Rum,  whether imported or locally made, attracts the 
same rate of excise duty.  
It is claimed that, whisky are not like products and the market segment of people who consume 
these products are different. In fact, rum is consumed by low income people while the whisky is 
consumed by people with high income. 
In the case of Philippines, the domestic spirits (rum, whisky vodka) were made from fermentation 
of sugar cane molasses whereas imported spirits were made from different raw materials. 
Philippines had to establish that the domestic distilled spirits produced from designated raw 
materials are not ‘directly competitive or substitutable’ and does not afford protection to domestic production. 
In our case local rum is made from fermentation /distillation of molasses or sugar cane 
syrup/juices whereas whisky is made from mash of cereals and grains. There is no local production 
of whisky and it is not made from fermentation  of sugar as in the case of Philippines. 
The Mauritian context is different. Rum is considered as a traditional drink in Mauritius compared 
to whisky. They are not directly competitive and substitutable.  
The excise duty being imposed is specific, i.e rupee amount per litre absolute alcohol (i.e alcohol at 
100 degrees). In the case of whisky, it is Rs 1455 per litre absolute alcohol whereas in the case of 
rum, the excise duty is Rs 471 per litre absolute  alcohol. On this basis, it would appear that 
protection is being conferred to rum being produced in Mauritius. Instead, comparison should 
be made using the ad valorem equivalent excise  duty. In the case of imported spirit, the 
computation is the excise duty divided by th e value of imports (CIF) and in the case of 
local, the excise duty divided by the ex-factory price. 
The table below shows comparison equivalent ad valorem excise duty for some of the popular 
brand of whisky compared to local rum. 
(Rs Per litre) 
 
Local Rum (37 
degrees) Havana rum 
(imported) 
(40 degrees) Whisky J. Walker 
Red label 
(imported) (40 
degree) Ballantine’s 
(imported) 
(40 degrees) 
Ex-factory 
price/Value of imports 56 386 304 223 
Excise duty 174 188 582 582 
 (471*37/100) (471*40/100) (1455*40/100) (1455*40/100) 
Equivalent 
advalorem duty 311% 49% 191% 260%
Ex-factory price = Retail price less Excise duty less VAT. WT/TPR/M/304/Add.1 
 
- 26 - 
 
  The equivalent ad valorem excise duty is higher in the case of local Rum compared to imported 
bottled whisky. The local rum is not being protected against imported whisky. 
Notwithstanding the above, Mauritius has been progressively moving towards closing the gap 
between the different rates of excise duties applicable to alcoholic drinks and that process will 
most likely be pursued. 
Page 46 Para 3.47 on TBT and SPS compliance 
The report notes that there is room to improv e coordination among government departments, 
regulatory bodies and conformity assessment bo dies to implement regional and multilateral 
commitments". 
Question :  
13. What are the remedies that the government  is considering in light of the above? 
How does the government consult the priv ate sector/relevant stakeholders and WTO 
members before adopting legislat ion in the area of SPS and TBT?  
ANSWER: 
In the context of implementation of the WTO Trade Facilitation Agreement, a national Trade 
Facilitation Committee has been set up which include key stakeholders from the public and private sectors and is co-chaired by the Ministry of Foreign Affairs, Regional Integration and International 
Trade and the Mauritius Chamber of Commerce and Indu stry. It is intended to use this platform to 
better coordinate public-private sector interaction before adopting new regulations in the area of 
SPS and TBT. It is also important to note that a WTO SPS enquiry point operates at the Ministry of Agro-Industry and Food Security while a similar one on TBT operates at the Mauritius Standard 
Bureau. These enquiry points are responsible to notify WTO of new regulation for comments as per 
the requirement of the respective agreements from member states. 
Para 3.60 page 48  states that the import permits for live chicken and to a lesser extent for 
live pork are used to protect domestic producers.  
Question:  14. What are the views of the government on this issue? 
ANSWER: 
Mauritius is self-sufficient in chicken and pork products. However, import of these products is 
being monitored through an import permit due to the importance of these sectors for food 
security, employment and livelihood of farmers.  
Para 3.67 page 50  reports that there is "0 corporate tax exemption indefinite for industry 
exporting out of the country".  
Question:  
15. The EU wonders whether this qualifies as export subsidy and if so if this is 
notified?  
ANSWER: 
The 0 corporate tax exemption is for the Freeport sector and regular notifications have been 
submitted for same. 
Para 3.71 page 51 
Question:   
16. The Mauritius authorities are invited to explain how they ensure that the Drawback 
scheme complies with the requir ements spelled out in Item (i) of Annex I, ANNEX II and 
Annex III of the ASCM . 
ANSWER: 
There are only two instances which provide for application of refund of duties and taxes namely, WT/TPR/M/304/Add.1 
 
- 27 - 
 
 i. upon re-exportation of imported goods in the same state, and  
ii. on imported materials, components and accessories used in the local manufacture of 
goods which are thereafter exported. To the extent that claim of drawback are 
limited to the actual amount of duties and taxes paid at the time of import, the 
schemes in place are fully in harmony with the provisions laid down in the. ASCM. 
It is worth noting that currently, claims dealt with  relate only to imported goods re-exported in the 
same state. 
3.3.1 section on Government procurement, page 52 
The EU notes that the government has reviewed its competition policy.  Question:   
17. The EU would like to know what provisions  exist within the public procurement or 
competition legislative framework that proh ibit or sanction bid rigging. Could the 
authorities develop on this issue?  
ANSWER: 
Section 42 of the Competition Act 2007 (the Act) prohibits and sanctions bid rigging. The 
provisions of Section 42 have been reproduced below: 
42. Bid rigging 
1) For the purposes of this section, an agreement,  or a provision of such agreement, shall be 
collusive if one party to the agreement: 
a.  agrees not to submit a bid or tender in respon se to an invitation for bids or tenders; or 
b. a g r e e s  u p o n  t h e  p r i c e ,  t e r m s  o r  c o n d i t i o n s  o f  a  b i d  o r  t e n d e r  t o  b e  s u b m i t t e d  i n  
response to such a call or request. 
2) Subject to subsection (3), any agreement, or provision of such agreement, which is collusive 
under this section shall be prohibited and void. 
3) This section shall not apply to an agreement the terms of which are made known to the 
person making the invitation for bids or tenders at , or before, the time when any bid or tender is 
made by a party to the agreement. 
The Act provides for bid rigging as part of the co llusive agreement provisions and form part of the 
‘hard-core’ restrictions of the Act. Any intentional or negligent breach of the prohibition may entail 
a financial penalty not exceeding 10% of the turnov er of the enterprise during the period of the 
breach of the prohibition up to a maximum period of 5 years under Section 59 of the Act. 
The Competition Commission of Mauritius Guidelines on Collusive Agreements (CCM 3 Guidelines), 
though not limitative on the agreements/conducts/ practices which can be defined as bid rigging, 
further provides that an agreement or a provision thereof, shall be considered collusive, where one 
party either agrees not to submit a bid or tender or  agrees upon the price, terms or conditions of a 
bid or tender. CCM 3 Guidelines further provide that agreements which fix the prices at which bids 
are made, or specify a restriction of supply (through not bidding and can be in the form of bid 
suppression, complementary bidding, bid rotation or subcontracting) may equally be termed as bid-rigging agreements under the Act. 
The national procurement policy making and monito ring body is the Public Procurement Office 
(PPO), which was established under the Procurement Act. The PPO has, inter alia, powers under the Procurement Act to suspend or debar a potential bidder or supplier from participating in public procurement exercises on the ground of, inter alia, collusion. 
It is also worth noting that the CCM has capitalised on the statutory duty imposed upon the 
Commission under Section 66 of the Act
2 in order to sign a Memorandum of Understanding (‘MoU’) 
                                               
2 Section 66 of the Competition Act 2007 provides that: “ The Commission and regula tors shall enter into 
a memorandum of understanding governing the effective exercise of their respective responsibilities and WT/TPR/M/304/Add.1 
 
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  with the Procurement Policy Office – the more so  as both agencies have overlapping powers and 
functions under their respective empowering legislations. The MoU, signed in August 2011, inter alia, establishes working arrangements between the CCM and the PPO in the day-to-day handling of competition cases involving public procurement as well as the provisions for dealing with cases 
involving bid rigging.  
• In this respect, the PPO will: inform the CCM of formal complaints it receives regarding 
collusion under either the Procurement Act or the Competition Act together with the decided 
course of action for a breach of Section 52(3) of the Procurement Act; 
• share information with the CCM when notified of an investigation under the Competition Act 
that directly involves a bidder in public procurement 
In the same vein, the CCM is committed towards, inter alia ,: 
• informing the PPO of the launch of an investigation / market study in relation to public 
procurement; 
• considering any view of the PPO submitted in relation to the CCM’s investigation or market 
study and inform the PPO of any disagreement in re lation to the view or part of the views so 
submitted; 
• informing the PPO of any decision taken by the Commission in respect of an infringement of 
bid rigging prohibition. 
Public Procurement Act 2006  
Section 52 (3) A bidder shall not engage in collusion, before or after a bid submission, designed to 
allocate procurement contracts among bidders, esta blish bid prices at artificial non-competitive 
levels or otherwise deprive a public body of  the benefit of free and open competition. 
Question:   
18. What is the Government's procurem ent policy on unsolicited local and 
international offers and its relative transpar ency and governance in the management of 
such offers ?  
ANSWER: 
Unsolicited local and international offers are not allowed under the Provisions of the Public 
Procurement Act 2006 . All unsolicited offers are rejected . 
Para 3.78 page 52  mentions the role of the PPO which can refer to the Head of the Civil Service 
and thereafter to the police on cases that are not compliant with legislation.  
Question:  
19. How many cases have been reported so fa r by the Civil Service to the police? Are 
there any statistics available in this regard? 
ANSWER: 
As of date, no statistics available at the Public Procurement Office.  
Para 3.81 page 54  states that the value of foreign firms was MUR 1.4bn and SMEs MUR 474 bn 
in 2012.  
Question:  
20. What was in 2012 the share of all public procurement tenders that were open to 
international/non solely  domestic operators? 
                                                                                                                                               
establishing mechanisms for practical co -operation in the exercise of those responsibilities, including the use of 
the sector-specific expertise of the regulators in respect of investigations under this Act ”.  WT/TPR/M/304/Add.1 
 
- 29 - 
 
 ANSWER: 
The percentage of all public procurement tenders that were open to international/non solely 
domestic operators is 6.35%  
Section 3.3.4.1 competition policy page 59  
Question :  
21. What is the role of the Competition Commission in case of transborder cases 
compared to the COMESA competition authority? 
ANSWER: 
The Act applies to all economic activities (on the part of private or state-owned enterprises) within, 
or having an effect within Mauritius. As such, the CCM can thus investigate restrictive business practices which albeit not perpetrated on the Ma uritian territory, nevertheless adversely influence 
the competitive processes of domestic markets. In the same line, it should be noted that 
agreement in the Act has been defined to includ e those agreements which are ‘intended to be 
implemented in Mauritius’. The Act thus, has an extraterritorial application.  
The CCM has investigated its first international merger in 2013 - the acquisition of a majority stake 
in CFAO (formerly known as the Compagnie Française de l'Afrique Occidentale) by Toyota Tshusho Corporation (‘TTC’) - to determine whether the acquisition was likely to lead to a substantial 
lessening of competition in any market of goods and services in Mauritius. The CCM has also 
launched an investigation into the proposed global merger of Holcim Group and the Lafarge Group (which operate respectively in the Mauritian market through Holcim (Mauritius) Ltd and Lafarge (Mauritius) Cement Ltd respectively) to determine whether the merger is likely to result in a 
substantial lessening of competition within any markets of goods or services. 
The Act also grants the Commission the authority to co-operate with other foreign competition 
agencies assigned with functions similar to th ose of the Commission. In October 2012, the CCM 
concluded its first bilateral cooperation agreement – referred to as memorandum of understanding 
(‘MoU’) - with the French ‘ Autorité de la Concurrence ’ which gave way to the conclusion of a 
second MoU – signed with the Fair Trading Commission of Seychelles in July 2013.  
On the other hand, Article 3 of the COMESA Competition Regulations 2004 (CCR) specifies its 
scope of application to all economic activities, unless exempted, within or having an effect within the Common Market and to anti-competitive business practices and conduct, mergers and acquisitions and consumer protection which have an appreciable effect on trade between Member 
States and which restrict competition within Common Market. The jurisdiction of the COMESA 
Competition Commission is thus limited to the investigation of competition issues which occur or have an appreciable effect within the Common Market. 
Para 4.1.2 Agriculture and fisheries page 67 
Question:  22. What is the rationale of the Agricultural  Marketing Board involved in the trading of 
fisheries by-catch which threatens the comp etitiveness of local fisheries and opening 
markets for illegal unloading of fish and ot her malpractices, hence undermining good 
governance and transpar ency in the sector? 
ANSWER: 
Main rationale: By-Catch fish is a Controlled Product since 2004 (GN 53 of 2004). By virtue of 
Section 13 of the Mauritius Agricultural Marketin g Act 1963, the Minister may by regulations, 
declare any product of Mauritius or any imported product to be a Controlled Product and the AMP 
is mandated to regulate the list of Controlled Products. 
Sale of by-catch of fish is governed by the Mauritius Agricultural Marketing Board under the 
Mauritius Agricultural Marketing (Price of Controlled products) (By-catch Fish) (Amendment) 
Regulations 2004. The AMB has the necessary logistics and operate a cold store of 350 tonnes 
storage capacity. WT/TPR/M/304/Add.1 
 
- 30 - 
 
  This is a policy aimed at providing to the Fishermen Co-operative Societies an avenue for 
procurement of by-catch to complement their revenues from the marketing of fish and fish products. 
The operators in the Seafood Sector have pointed out that it undermines the competiveness of 
fisheries businesses as due to the fixed market price licensed fishing vessels are becoming 
reluctant to unload by-catch. 
There is no illegal unloading as the Port State Co ntrol Unit ensures overall monitoring of the by-
catch. In the interest of the Seafood Hub, a policy decision would be taken with regard to the sales 
of by-catch from licensed vessels.  
This policy decision would be framed to ensure competiveness, good governance and transparency 
with regard to the sale of by-catch.  
Para 4.1.2.2.2 Non-sugar products page 68 
Question:   
23. What is the policy of Government in re lation to food security through regional 
cooperation in the ESA-IO region? 
ANSWER: 
Food security has become one of the biggest global challenges of the 21
st century. Whilst almost 
no country is spared, the challenge of food securi ty is particularly daunting for developing nations 
such as Mauritius which are net importers of food commodities. The Government of Mauritius is aiming at enhancing production and competitivene ss of the agri-business sector. In this respect, 
the objective is to improve global competitiveness and profitability of the agribusiness sector in 
order to reduce the country’s dependency on food imports. Securing food supply for its population 
is now a high priority for Government. 
The Seed Industry is being developed as port of government’s policy to diversify and strengthen 
the island’s agri-food production sector, to make it modern, competitive and sustainable, with the 
overall aim of further securing food supply, stability and safety. The legal framework was set in 2012 for the establishment of a National Plant Varieties and Seed Office within the Ministry of 
Agro-Industry and Food Security.  
i. Other Initiatives taken by government include: 
Elaboration of the 2013-2015 Food Security Strategic Plan which proposed a set bold measures to 
increase food sufficiency levels in the country; promote export and create new opportunities for 
farmers.  
ii. Enhanced Regional Cooperation 
A Memorandum of Understanding was signed on 28 February 2008 between the Government of 
Mozambique and the Government of Mauritius with a view to improving food security in both 
countries through increased agricultural production.  
The Regional Development Co. Ltd (RDC) was incorporated as a private company on 9 December 
2009, with the Government of Mauritius as sole sh areholder to promote regional food security and 
other regional development projects. The contribution of the Government of Mauritius in terms of share capital was Rs 5 Million. The objectives of the RDC include securing lands in countries in the African region for food security and regional  development projects, identifying potential 
investors for these projects and mobilizing funds for infrastructural development. 
Mauritius intends to make use of the COMESA Comprehensive Africa Agriculture Development Programme (CAADP). For Mauritius, CADDP can improve domestic production and marketing, 
facilitate regional trade, information sharing, regional predictive analytical tools, improved 
agricultural research and increase market access. To fully implement CAADP in COMESA, the region needs to conclude the Regional Compact, covering regional integration and cooperation 
programmes in the agricultural sector and Nation al Compact Agreements for each one of its 19 
member States. Mauritius is in the process of signing the national compact. 
Further, the SADC Regional Agricultural Policy (R AP) has also been formulated. A SADC Regional 
Agricultural Policy (RAP) has also been approved. WT/TPR/M/304/Add.1 
 
- 31 - 
 
 Section 4.1.4 Fisheries page 73 
Question :  
24. What is the assessment of the policy me asures implemented by the Government to 
combat illegal and unreported fishing and in cooperation with the regional countries?  
ANSWER: 
The following measures are being taken by government: 
i. A National Plan of Action against Illegal Unreported and Unregulated (IUU) fishing is 
being implemented. 
ii. A National Plan for sharks is under preparation. 
iii. Port Control 
A full-fledged Port State Control Unit monitors landings and departures of all fishing vessels. There 
is 100% coverage of all foreign vessels (licensed and non-licensed)  calling into Mauritius Port for 
unloading, transhipment and bunkering including use of port associated facilities. 
The Competent Authority and the Port State Control Unit strictly adhere to the EU-IUU regulations 
as well as to CCAMLR Regulations at all levels of  the production chain (from fishing to marketing 
via export) ensuring that the end product reaching the consumers is free from IUU fish. 
The Port State Control Unit ensures compliance to all IOTC fisheries management measures as well 
as to RFMOs including FAO. 
iv. Vessel Monitoring 
A Vessel Monitoring System is in place. The National Coast Guard has the overall supervision of the 
Mauritian waters. Mauritius is partly to the IOC regional VMS and has been on board of all IOC 
MCS programmes tracking the movements as well as boarding of fishing vessels in the EEZ of 
Mauritius as well as in other IOC member states. Presently we are continuing this activity under the IOC/Smartfish Programme. 
Regional Co-operation is imperative for tracking down IUU in the region. 
Question :  
25. How is the regulatory framework related to the foreign fish by-catch trade 
reviewed to enable the operationalization of a fish auction market, providing fair 
competition among the buyers, incentives  for local fishermen, investments and 
employment in the local value ch ain of fish and fish products?   
ANSWER: 
As noted in the response to question 22 above, foreign fish by-catch trade would in future be 
subject to a review policy. As regards the Fish Au ction Market (FAM), it is now being subject to a 
change in strategy regarding auctioning of fish . The FAM would be converted into a cold storage 
facility besides providing ice-flakes to the fishermen community at large. 
Para 4.36 
Question :  
26. What are the views of the Government as to the measures that should be taken to 
improve more local value in the seafood proce ssing sector and preserve for this purpose 
more local employment?  
ANSWER: 
Government is conscious of the need to improve more local value in the Seafood Processing 
Sectors. In this endeavor, all operators are provided  with loan facilities to be better equipped with 
amenities and logistics for seafood processing. Specific training programmes are underway to 
encourage fishmongers to preserve quality and safety of their products. 
Operators, including artisan and others dealing wi th banks and tuna (frozen and chilled) fisheries 
are encouraged to embark in value addition, namely, filleting, slicing, fish balls, fish cakes, fish WT/TPR/M/304/Add.1 
 
- 32 - 
 
  steaks and fish fingers, vacuum packed filleting, microwaveable seafood products, smoking, salting 
and drying. 
Spouses of fishermen are also encouraged to participate. Local institutions like Ecole Hotelière, as 
well as Ministry of Gender Equality, Child Development and Family Welfare, Ministry of Fisheries 
and NGOs to deliver specific training prog rammes in connection with seafood processing. 
Para 4.39 page 74  
“The major challenges facing the fishing industry include the sourcing of raw material for the tuna 
processing industry and stringent rules of origin  imposed on exports”. The increasing utilization 
(for the production of 3000 tonnes of preserved tuna and 750 tonnes of loins) of the automatic derogation (see 4.38 of G 305 report) to the rules of origin, enabling tax free export to the EU 
market, is far from the 8,000 tonnes for canned tuna and 2,000 tonnes of loins granted for the 
region (i.e. Mauritius, Madagascar and Seychelles).  
Question :  
27. Is this policy in consistency with the strategy to enhance regional integration?   
ANSWER: 
Exports of canned tuna under the automatic derogation to the EU are done under the IEPA 
negotiated between the countries mentioned plus Zimbabwe and the EU. It is to be noted that 
8000 and 2000 tonnes mentioned are distributed among 3 IEPA countries and Mauritius has a 
share of 3000 tonnes. A mechanism has now been ag reed to distribute any unused by anyone of 
the three countries. One of the objectives of th e IEPA is to promote regional integration by 
promoting cumulation of Rules of Origin, including for tuna. However, given the massive 
investment to acquire fishing vessels, IEPA countries have no other option than to acquire 
originating tuna from EU vessels which limits sourcing possibilities. In addition, originating fish is not always readily available and third country tuna is the only viable option. Mauritius needs some 
140,000-150,000 tonnes of raw materials to keep its tuna industry running. One of the options is 
for the region to jointly invest in fishing vessels. The EU support in such an endeavour as a partner in the region would be welcome. 
Competition policy in section 3.3.4.1 page 59  and following and air transport page 10 of the 
Government report G 305: 
Question:  
28. To what extent is competition introduc ed in air transport sector from and to 
Mauritius?  
ANSWER: 
• Mauritius has Bilateral Air Services Agreements/Memorandum of Understanding with 40 
countries granting necessary traffic rights to the designated airline (s) of the countries 
concerned to operate to/from Mauritius. 
• Apart from Air Mauritius, there are currently 14 foreign airlines operating to/from Mauritius. 
• Since 2005, the Government of Mauritius has adop ted a policy of gradual liberalisation of air 
access designed to stimulate demand from markets with high potential and to revitalise the tourism sector. Over the past years, existing and new air services agreements have been re-negotiated/signed with several countries reflecting a more liberal air access policy. 
• Bilateral provisions have been relaxed to allow for multiple designation of airlines on routes, 
increase in frequency/capacity entitlements, routing flexibilities and code sharing possibilities. 
• Out of the 40 BASAs, 25 provide for multiple de signation, 3 dual designation and 12 single 
designation of airlines. 
• Fifth freedom traffic rights have also been gr anted to 19 countries on specific intermediate 
and beyond points. 
• The Government authorises ad-hoc and special flights from charter carriers operating during 
the peak periods particularly from existing European markets, and markets where direct 
flights are not being operated. WT/TPR/M/304/Add.1 
 
- 33 - 
 
 • Sixth freedom operator, Emirates has been allowed to enter the market, operating twice 
daily services, with 11 frequencies on an extra-bilateral basis. 
Question: 
What is the role of the Competition Commission  in the area of air transport compared to 
the sectoral regulator and how are transbor der issues addressed between the national 
relevant authorities and the COMESA competit ion authority described in Para 3.98 page 
60?  
ANSWER: 
The main mandate of the CCM is to inter alia investigate and determine whether a restrictive 
business practice is occurring or has occurred and to determine such penalty or other remedy to be imposed in response to an identified anti-com petitive practice and what action an enterprise 
should take to ensure compliance with the penalty or remedy. In contrast, the Civil Aviation 
Department is mandated to inter alia set civil aviation standards for Mauritius, to ensure that Mauritian aircraft operations and approved maintenance organisations achieve the set safety 
standards. While the Civil Aviation Act 1974 does not empower the Civil Aviation Department to 
investigate potential restrictive business practices on the part of airline companies, the CCM is 
empowered by the Act to investigate such conducts to the extent that the latter conducts have an 
effect in or within Mauritius. 
Section 6(d) of the Act empowers the Competition Commission to co-operate with other 
competition authorities in other countries entrusted with functions similar to those of the Commission. Despite the fact that Mauritius has not ratified the COMESA Treaty (and the COMESA 
Competition Regulations) yet, the CCM has coop erated with the COMESA Competition Commission 
in relation to transborder/regional mergers, where the parties have operations in Mauritius.  
Section 4.4.3.1 page on Maritime transport 
Para 4.103 page  
The report mentions that the MPA aims to develop Port-Louis Harbour into a regional maritime, 
logistics, business hub.  
Question : 
29. How is the policy of the MPA taking into  account other competing regional ports in 
the ESA-IO region? What are the policy me asures to improve regional maritime 
connectivity? The EU would be interested to know whether the Mauritian Port itself has 
expressed views to the government as to ho w it could improve maritime connectivity to 
enhance intra-regional trade with increase d trade flows in the Eastern and Southern 
African region (as the report mentions that the share of exports to the African market 
has registered a significant increase  from 16.7% in 2008 to 20.9% in 2013).  
ANSWER: 
The creation of a regional shipping enterprise is  being considered. A mariti me feeder system will 
link the IOC member states together as well as connect them to the world markets. A feasibility 
study is presently being carried out in order to analyst the viability of “cabotage” in the region. The objective of setting up the “cabotage” is to cont ribute to the economic and social development of 
the IOC region through the reduction of transportation costs (shipping, ports, storage..), 
facilitation of trade through non-tariff barriers (dues/taxes; documentary processing of trade...), 
and optimized transport connections intra IOC and with countries/markets outside the IOC. The feasibility study is due to be completed by mid-2015. 
Question: 
How is the policy of the MPA taking into a ccount other competing regional ports in the 
ESA-IO region?  
ANSWER: 
The MPA has already embarked on a vast Port  Modernization Programme to fast track the 
development of the Seaport related cluster of the Ocean Economy. In this respect, a total capital WT/TPR/M/304/Add.1 
 
- 34 - 
 
  investment of the order of Rs 8.55 billion has been earmarked over the next five years 
(2014-2018) for the development of the following activities, amongst others: 
i. Container Transshipment; 
ii. Cruise; 
iii. Petroleum Hub; 
iv. Ship Building, Repairs and Associated Services; and 
v. Port-related Services. 
MPA is implementing the project of extension an d strengthening of the quay at the Mauritius 
Container Terminal (MCT), which would enhance the handling and operational capacity of Port Louis Harbour to be able to accommodate and service higher profile vessels at the MCT to increase the competitiveness of Port Louis Harbour at the regional level with the ultimate objective of 
attracting more business. 
 
The first phase of the major Project for the Extens ion and Strengthening of the Mauritius Container 
Terminal (MCT) berth and associated works has already started since 2013. The works for the 
Bund Wall construction, to enable land reclamation of 35 ha at Fort William and 4 ha at Fort George for future port development projects, will be completed by October 2014.  
 
The Marine and Civil works are scheduled for completion by the 3
rd quarter of 2016. As regards the 
dredging works to deepen the navigation channel from 14.5m to 16.5m depth, the contract would 
be awarded before the end of 2014 and executed over the period March – May 2015. 
4.4.3.2. Air transport policy page  
Question :  
30. What is the policy of the government in relation to improving regional connectivity 
in the ESA-IO region taking into account the objective of developing Mauritius as a 
business hub as outlined under the Mauritius-Africa Strategy?  
ANSWER: 
We are working with the other Island States in the Indian Ocean Region under the auspices of the 
Indian Ocean Commission (IOC) to address the problem of connectivity.  
A joint Ministerial meeting (air transport and touris m) was held in Seychelles in July 2014. One of 
the recommendations of this joint Ministerial meeting was the setting up of two committees on 
civil aviation matters and another with airline operators to develop a roadmap for the 
enhancement of cooperation in the aviation sector. 
• Out of the 40 BASAs, 14 have been concluded with countries in the ESA-IO regions. 
However, only 5 BASAs are operational. Th e Indian Ocean Commission has proposed a 
collective approach for a joint air connectivity strategy in the Indian Ocean Region. A ministerial (Tourism and Transport) meeting was held in Seychelles in July 2014. It was 
proposed to set up the following two Committees: 
i. Committee or Experts in Civil Aviation to consider the setting up of the IOC Common 
Market for air transport; 
ii. Strategic Committee of top officials of national airlines of the region to enhance 
cooperation among the airlines to improve air services for the benefit of the region. 
• In line with the government’s Africa Strategy and as part of Air Mauritius’ network review in 
2012, Air Mauritius is placing greater focus on Africa and regional destinations with a view to 
improving air connectivity between Mauritius and Africa/Indian Ocean and promoting 
Mauritius as gateway between Africa and Asia/Australia. 
• Air Mauritius currently flies to South Africa (Johannesburg, Durban Cape Town) and Kenya 
(Nairobi) in Africa, and Reunion Island (Saint Denis, Saint Pierre) and Madagascar 
(Antananarivo) in the Indian Ocean. WT/TPR/M/304/Add.1 
 
- 35 - 
 
 • Air Mauritius continues to consolidate its Africa/regional operations, through multiple 
frequencies and improving connectivity across its network to support the development of hub Mauritius. For instance, effective July 2014, the base weekly operations on Johannesburg has been increased to 8 weekly flights following implementation of the new 
weekend flight structure. Four of the 8 weekly flights will be operated by wide-body aircraft 
for cargo requirements with the remaining flights operated with A319 aircraft. Similarly, as from July 2014, weekly operations to Antananarivo will consist of four A340-300 flights. 
• Flight schedules have been restructured and are being continuously updated to maximize 
connection possibilities. Connections are inbuilt in Mauritius flight schedules with flights to/from Asia connecting with Africa and the Indian Ocean destinations, amongst others. 
• Air Mauritius plans to expand its coverage of African destinations via its hubs in Africa, 
namely Johannesburg, South Africa and Nairobi, Kenya in cooperation with partner airlines. 
Air Mauritius plans to expand its codeshare with Kenya Airways so as to reach more destinations in Africa, namely, Tanzania, Uganda and Zambia. Discussions are ongoing with 
other airlines for a greater coverage of African destinations, including South African Airways 
and Emirates.  
• In the region, Air Mauritius has cooperation arrangements with Air Austral allowing the latter 
to channel Reunion traffic to/from Australia via Mauritius. A cooperation agreement is also in 
place with Air Madagascar on the Mauritius-Antananarivo vice versa route and Air Mauritius is in discussion with Air Seychelles for cooperation on the Mauritius-Seychelles vv route and other areas. 
Section 4.4.4.Tourism  
Question :  
31. How do the authorities see the role of Ma uritius in relation to  the proposed 'Ile 
Vanille' regional touris m development strategy?   
ANSWER: 
The ‘Ile Vanille’ concept is being used to position Mauritius as a hub for cruise ships in the Indian 
Ocean Islands. A workshop is being planned in Mauritius for tour operators from our major tourist 
destinations together with Ile Vanille members next year to sell the Ile Vanille destination. Air Mauritius is also promoting the Ile Vanille strategy to attract more tourists from China as a Mauritius-Reunion Island package. 
While these are some of the initial strategies being developed, it is hoped that joint collaborative 
efforts would be undertaken by the members of the Ile Vanille project to market more aggressively the Indian Ocean Islands as a tourist destination.  
 WT/TPR/M/304/Add.1 
 
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  BRAZIL 
II Trade Policy Review of Mauritius 
October, 2014 
Brazil`s questions regarding the Secretariat Report (WT/TPR/G/304) 
(Paragraph 1.19, p. 16) 
The authorities recently announced the preparatio n of a blueprint, the Inclusive High Income 
Economy vision, geared at transforming Mauritius by 2020 through solid and equitably distributed 
output growth. The pathways to the Inclusive High Income Economy include: the development of 
new economic activities such as the ocean econom y, a health centre of excellence, biotechnology, 
an aviation hub, and a knowledge hub; the implementation of the New Africa Strategy to tap investment opportunities in Africa, and investing significantly in the physical infrastructure of the 
economy. The objective is to ensure economic  growth, social equity, and sustainability. 
Question 1: 1. Mauritius has been implementing a New Af rica Strategy aiming at new investment 
opportunities within the African continent. How is this strategy working, and what are 
the impacts on the Mauritian presence in the continent? 
ANSWER: 
Mauritius is fully committed to developing economic ties with Africa and in this context has 
elaborated a clear strategy to leverage on the opportunities and growth of the African economic 
space. Mauritius’ Strategy for Africa comprises the following:  
1. Sharing of the Mauritian experience on democracy, governance and development; 
2. Fast tracking regional integration; 
3. Enlarging economic opportunities for our citizens; and 
4. Acting as a catalyst for investment. 
In line with the Mauritius Africa strategy, several initiatives have been undertaken including the 
setting up of the Coherence and Coordination Committee on Africa, to position Mauritius more forcefully on key African markets, the launching of the Africa Centre of Excellence to provide 
insights on ‘real time’ business activities and u pdates on Africa, the hosting of international and 
regional institutions such as the Regional Multi-disciplinary Centre of Excellence (RMCE), AFRITAC, IMF Africa Training institute and the COMESA fund  a s  w e l l  a s  t h e  s e t t i n g  u p  a n  A f r i c a  f u n d .  
Mauritius has also signed a joint venture agreement with the London Court of International 
Arbitration (LCIA) to create an independent arbitration center, known as the LCIA-MIAC Arbitration 
Centre. This arbitration center is anticipating that an increasing number of cases involving African parties, whether arbitrations between States, investor-States arbitrations or mixed contract-based 
arbitrations, will be heard in Mauritius. Disputes involving African economic interests and Asian 
investors could also be heard in Mauritius. Mauritius is also awarding 50 scholarships to African nationals for full time undergraduate studies in public institutions. We have also concluded 20 
IPPAs and DTAs with African countries. With respect to visa, some 25 countries are exempted from 
any visa requirement.  
With the new strategy, there has been a net progression in our trade and investment pattern 
towards Africa. From 2008 to 2013, Mauritius exports to Africa have increased from 16.7% to 
20.9% with focus on COMESA and SADC markets. Mauritius investment outflows to Africa have 
increased 5-folds from 2008-2013 to 2 billion rupees in 2013. Key sectors attracting investment include: ICT (22%), Financial Services (20%), Agri-business (20%), Manufacturing (14%), 
Hospitality and Property Development (11%). For the period 2009-2011, over 40% of new global 
business investment funds incorporated in Mauritius targeted the African markets.  
There has also been an increase in the number of African students coming to Mauritius for 
university studies up to 634 students in 2013- 2014. A number of Mauritian companies have 
expanded their footprint to Africa. Currently, ov er 70 Mauritian companies have expanded their 
operations in 21 Sub-Saharan African countries including South Africa, Mozambique, Botswana, 
Namibia, Zimbabwe, Malawi, Tanzania, Kenya, Ma dagascar, Uganda, Kenya, Cote d’Ivoire, Congo WT/TPR/M/304/Add.1 
 
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 and Gabon, Comoros and Seychelles. Mauritius has also teamed up with some African countries to 
develop projects related to Food security and Renewable energy. 
Mauritius is also planning high level visit to several African countries with a view to foster trade & 
investment as well as deepen ties.  
(Paragraph 2.14, p. 26) 
An Interim Economic Partnership Agreement (IEP A) was signed on 29 August 2009, between the 
European Commission and four Eastern and Southern African (ESA) economies: Madagascar, 
Mauritius, Seychelles, and Zimbabwe. The agreement entered into force on 14 May 2012. It 
provides for duty-free access for all ESA exports to the EU market except for sugar and rice, 
whereby liberalization is staggered over a transitional period up until September 2015. Mauritius' trade liberalization schedule is set out in Annex II to the IEPA. 
Question 2: 
2. The IEPA between Mauritius and the Euro pean Union entered into force in 2012. 
What are the impacts of this agreement on the consolidation of SADC´s free trade area, 
as well as on the negotiations of a trila teral agreement between SADC-EAC-COMESA? 
ANSWER: 
The IEPA which entered into force in 2012 provides  full duty and quota free access to Mauritius 
and the other three signatories, namely Madagascar, Seychelles and Zimbabwe on the EU market. 
Each of these countries has taken Bi-lateral market Access commitments vis-à-vis the EU at varying levels which exclude products considered as sensitive. 
Moreover the Agreement provides for a moratorium  of 5 years to the four counties to implement 
tariff reductions. Tariffs are also expected to be eliminated on raw materials and capital goods 
which in most cases are already zero rated and on intermediate goods within five years while tariff 
reductions on final goods will start only in 2017 for the next five years thereafter. 
It is also worth noting that the COMESA Common Tariff Nomenclature and the proposed COMESA 
CET have been used to make market access commitments to the EU as a means of promoting convergence between the EPA and the regional integration process within COMESA. 
So far as SADC is concerned, it is worth noting that the SADC FTA is already operational as from 
2008 while the IEPA implementation has just starte d. Moreover, there is no apriori exclusion of 
any product in the SADC FTA as from 2012 while the IEPA provides for an exclusion list of 80% to cater for domestic sensitives. As regards the CO MESA/SADC/EAC Tripartite FTA, negotiations are 
still ongoing and therefore it is difficult to prec isely define the scope of the Agreement at this 
juncture. 
As is the case with all FTA’s one may expect some trade diversion effect as a result of the IEPA 
which however may be offset by increased export opportunities on the EU market. 
(Paragraph 3.1, p. 33) 
“All importers must be registered with the Mauritius Revenue Authority (MRA) and with the 
Registrar of Business, from which they respec tively receive a Tax Account Number (TAN) and 
Business Registration Number (BRN).”  
Question:  
1. How long, on average, does it take fo r importers to be registered? Do exporters 
also need to go through this procedure ? 
ANSWER: 
Regarding the BRN, relevant procedures have to be undertaken at the Corporate and Business 
Registration Department. A business is registered once  the registration form is filled online or at 
the Office of the Registrar. The registration is effected immediately and the business card including the BRN is issued. Additionally, for registration of  companies, once the document is validated, a 
Certificate of Incorporation is issued within 30 minutes. WT/TPR/M/304/Add.1 
 
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  Registration at MRA-Customs: Provided a valid BRN and TAN are produced and all other 
requirements are fulfilled, registration process at MRA Customs is usually completed within a day from the date of submission. 
For the TAN, MRA does the processing with in 3 days from date of application. 
Upon completion of registration procedures as im porter or exporter at MRA Customs, a declaration 
under any trade regime (import, export, transshipment) may be processed in the name of the individual or entity so registered. Therefore, a si ngle registration process as importer/exporter is 
required. 
(Paragraph 3.2, p. 33) 
Regarding the TradeNet System:  Question:  
Is the TradeNet System also prepar ed to register Transit Operations? 
ANSWER: 
For all customs procedures relating to international trade in goods including transit, the economic 
operator need to be first registered in the tr adenet system in order to submit their customs 
declarations. A simplified single goods declaration in replacement of one landing and one shipping declarations is now processed for transit operations. 
(Paragraph 3.6, p. 34) 
The Secretariat Report mentions “financial solvency, compliance, safety and security, and a proper 
system of records” amongst the criteria to obta in the status of Authorized Economic Operator 
(AEO).  
Question:  
1. Since the beginning of the program, in 2008, up to June 2014, only 2 enterprises 
were certified. Is that figure  expected or is it explaine d by difficulties to meet the 
required criteria?  
ANSWER: 
As a result of the various trade facilitation initiatives implemented, including the e-customs project 
implemented since January 2012, in the context of  the ongoing Customs reform and modernization 
programme, all economic operators are now benefitti ng from various trade facilitation measures 
that outweigh the benefits/incentives afforded under the AEO Scheme. This explains why operators are not inclined in joining the AEO Scheme. New incentives (such as deferred payment facilities) 
are being contemplated in order to motivate compliant operators to join the scheme.  
(Paragraph 3.7, p. 51) 
With regard to the Freight Rebate Scheme (FRS) provided by the Ministry of Agro-Industry and 
Food Security, where a 25% freight costs discount is to be divided between exporters and 
producers of specific products:  
Question :  
1. How is the selection process and control of  the beneficiaries? Wh at are the criteria 
for granting the benefit?  
ANSWER: 
The new Freight Rebate Scheme is currently operational since February 2012, as a way of 
promoting the exportation of various agricultural products grown in Mauritius and secondly to 
increase the local production of specific fruits and vegetables. It is a rebate of 25% on freight costs 
paid for exports of selected fruits, vegetables and flowers. The rebate is shared equally amongst 
producers and exporters.  
Criteria for selection: WT/TPR/M/304/Add.1 
 
- 39 - 
 
 1) Exporters must be registered with the Agricu ltural Marketing Board and producers must be 
registered with the Small Farmers Welfare Fund (SFWF) and/or Food and Agricultural Research and Extension Institute (FAREI). 
Criteria for control: 
1) Applicants must fill in the required application form (available at the AMB Head Office or on 
its Web Site: http://amb.intnet.mu ) and submit all required evidences.  
2) Each application is scrutinized and the following information verified:  
• Exporter’s details, including Tax Account Number; 
• the type of produce exported, volume export ed, country exported to, total freight paid; 
• invoices, packing lists, airway bills, export permits, memoranda (Air Mauritius), bills of 
entry, certificates of origin, bank advices, phytosanitary certificates, receipts from producers 
and related contractual agreements; 
• Producers’ details, including Tax Account Number. 
3) Prior to the disbursement of funds, FAREI an d SFWF must certify the eligibility of each 
producer.  
Criteria for granting benefit: The scheme is only applicable for the following selected produce: Avocado, Fruits de Cythere, 
Litchis, Passion Fruits, Pineapples, Star Fruits, Anguives, Breadfruits, Fine Beans and extra Fine 
Beans, Green Chillies, Greens, Palm Hearts, Anthuriums and Orchids for export to countries 
approved by the National Plant Protection Office.  
1) The minimum eligible weights for refund are as shown below:  
Selected produce  Minimum weight exported 
Fruits   
Avocadoes  100 Kg  
Fruits de Cythère  50 Kg  
Litchis  200 Kg  
Passion Fruits  25 Kg  
Pineapples  50 Kg  
Star Fruits (Caramboles)  50 Kg  
Vegetables    
Anguives  50 Kg  
Breadfruits  500 Kg  
Fine Beans and Extra Fine Beans  25 Kg  
Green Chillies  50 Kg  
Greens (Brèdes)  25 Kg  
Palm Hearts  50 Kg  
Flowers   
Anthuriums  100 Kg  
Orchids  100 Kg  
2) The eligible selected produce must either be unprocessed  or minimally processed  (i.e. 
produce which is peeled and vacuum packed or peeled, sliced/carved and vacuum packed or 
peeled, dried and vacuum packed).  
 WT/TPR/M/304/Add.1 
 
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  PERU 
TRADE POLICY REVIEW  
ADVANCE WRITTEN QUESTIONS BY PERU 
Question: 
1. What is the difference between the gr een and yellow channels in customs 
operations? 
ANSWER:  
Channelling of customs declarations is based on risk management and selectivity criteria.  
i. Green channel: for consignments with no risk and customs clearance automatically 
allowed after 30 minutes unless re-routed to yellow or red channel by Customs before the lapse of the latter period. Officers  may during the said period intervene on 
a declaration for documentary check and re-route same if required. 
ii. Yellow channel: Declarations that need to fulfil other government agencies’ pre-
requirements and any pre-set requirements based on risk management. These 
consignments can be released without physical examination or routed to red channel 
for physical verification. 
iii. Red channel: physical examination of goods mandatory. 
Question: 
2. Is the verification of documentation under the green channel carried out manually 
or electronically? 
ANSWER: 
With the implementation of the e-Customs project,  declarants are required to submit scanned copy 
of specified documents when submitting the electron ic declaration. Verification of documentation is 
done by viewing the said documents available from the system. 
Question: 
3. Do the government agencies that issues authorisations for restricted merchandise 
have their own interests and set criteria that  are different from customs'? Are the risk 
criteria set by these government agencies in tegrated into the customs system of single 
window for foreign trade? If so , Please explain the system.  
i. Yes. Each government agency management has its own set criteria which are 
managed independently. 
ii. Partly, because other agencies may effect control at importers’ premises or other 
places after clearance of goods from Cust oms. HS codes are controlled based on 
regulations of the respective other controll ing agencies and, as and when requested, 
declarations may be targeted and subjected to any type of control apart from being 
routed to yellow.  
 WT/TPR/M/304/Add.1 
 
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  THAILAND 
SECRETARIAT REPORT SUMMARY 
Page 7 (paragraph 8) Question : 
1. Mauritius’s export mainly depends on key markets in the EU and US, especially 
clothing, textile and sugar. Does Mauritius ha ve policies or measures aiming to increase 
export performance and expand its export market to other countries? 
ANSWER: 
The current focus of Government is to ensure mark et diversification and improve the overall export 
performance of the country. In this regard, an  Africa strategy is being implemented to 
substantially increase, amongst others exports on the COMESA and SADC markets which have a 
combined population of some 600 million inhabitants and where market access is free under the 
COMESA and SADC Free Trade Agreements. Mauritius is also engaged in the negotiations of the COMESA/SADC/EAC Tripartite Free Trade Agreement to harmonize trade rules and to further open 
up market opportunities for our exports. 
In a bid to diversity market access form traditional markets, we have negotiated Trade 
Agreements with Pakistan and Turkey and a Prefer ential Agreement with India. Negotiations for a 
PTA are ongoing with Tunisia. Government is targ eting other emerging markets to improve market 
access through trade agreements. 
To ensure that the new market access opportunities are fully tapped, Enterprise Mauritius, the 
trade promotion arm of government has stepped up  trade promotion activities on these markets 
and provides support to small and medium sized enterprises to participate in trade fairs and 
exhibitions. In addition, Government has established a trade portal to provide information on trade opportunities which also enables users to carry out desk research on potential markets. Support is 
also provided by Government to Export Oriented Enterprises to improve competitiveness through 
consultancy, diversify the product mix and to improve the quality of goods produced for exports. 
4. TRADE POLICIES BY SECTOR  
Page 90 (paragraph 4.121) 
Question 2. As indicated, Mauritius’ tourism policy is to promote the country as a premium 
destination. Does Mauritius have any incent ives/benefits for investment in the tourism 
sector? If so, please provide details . 
ANSWER:  
Specific incentives for the tourism sector do not exist. The same facilities are provided to investors 
in the tourism sector as provided to investors in other sectors. 
Page 91 (Table 4.13) 
Question 
3.  As Mauritius currently has no restriction on foreign direct investment in travel 
agency and tour operator services, but projec t proposals are still subject to the licensing 
requirements. Please provide details on th e requirements/conditions for granting a 
license to foreign travel agencies. 
ANSWER: 
As rightly mentioned, Mauritius currently has no restriction on foreign direct investment in travel 
agency and tour operator services provided the project proposals meet licensing requirements.  WT/TPR/M/304/Add.1 
 
- 42 - 
 
  The Criteria for Investment by Non-Citizens in Tour Operator Activities (as listed hereunder) have 
been worked out and approved by the Ministry of Tourism and Leisure. However, criteria for travel 
agencies are still being finalised. 
Criteria for Investment by Non-Citi zens in Tour Operator Activities 
1. Local incorporation 
The company must be locally- incorporated. 
2. Experience  
The potential investor must reckon at least  5 years experience  in tour operating 
activities.  
3. Added value  
The potential investor must bring added value and innovative schemes in the delivery of 
services. 
4. Letter of intent 
The potential investor must produce a copy of letter of intent(s) or contract(s) from 
international tour operator(s) from the source  market(s) where they intend to operate. 
5. Bank Guarantee 
The tour operator shall furnish and maintain a bank guarantee in the sum 
of Rs 20 million  in favour of the Tourism Authority. 
6. Passenger Liability Insurance 
The tour operator shall have a Passenger Liability Insurance cover of a minimum amount 
of Rs 50 Million.  
The policy should be in the name of the Licensee. 
7. Records 
Upon the start of its operations, the tour operator will be required to - 
 
a. keep a record of every transaction which he makes in relation to his business. 
b. submit to the Tourism Authority and the Ministry of Tourism & Leisure a half yearly 
return of such records on or before 15th January and July of each calendar year. 
c. keep every record relating to his business for a period of not less than 5 years.  
8. Sustainability 
The promoter should demonstrate how the project will benefit the local community. WT/TPR/M/304/Add.1 
 
- 43 - 
 
  ADDITIONAL WRITTEN QUESTIONS FROM THAILAND 
TRADE POLICY REVIEW OF MAURITIUS 
 
ADDITIONAL WRITTEN QUESTIONS FROM THAILAND 
 
QUESTIONS REGARDING THE SECRETARIAT REPORT 
3. TRADE POLICIES AND PRACTICES BY MEASURE  
Page 50 (paragraph 3.67-3.69) 
Question 4:  Could Mauritius provide furt her detail/information on aid or support 
Mauritius has granted to its fishing industry ?  Could Mauritius also provide the amount 
of export subsidies for the fisheries sector  through the Mauritius freeport scheme and 
other schemes, if any? 
ANSWER: 
Support provided to the fisheries sector include: 
• Loans from the Development Bank of Mauritius 
• Grants for the purchase of Cagnottes to small scale fisheries 
• Free distribution of Floating cages for fish culture to cooperatives or groups of fishers. 
• Duty free on outboard / In-board engines and fishing equipment and accessories. 
• Bad weather allowance 
Page 55 (paragraph 4.121) 
Question 5: Does Mauritius provide any bene fits and incentives to foreign companies 
which are interested in investing in fi shing in the territory of Mauritius? 
ANSWER: 
Mauritius offers a number of benefits to international manufacturing companies, including seafood 
activities to set up production units locally.  These benefits include: 
• Preferential market access to the USA throug h the AGOA; the EU through the Interim EPA; 
and Africa through SADC and COMESA memberships 
• No import duties on equipment and raw material 
• Modern infrastructure for setting up factories 
• Modern Freeport and logistics facilities  
• Bilateral agreements for free and preferential trade with Turkey and Pakistan, respectively 
• Sea and air connectivity through major shipping lines and airlines, respectively 
• Highly skilled, adaptable and bilingual work force 
• Streamlined procedures for the recruitment of expatriates and foreign labour 
• To give a further impetus to the manufactu ring sector, Government has introduced a 
measure allowing manufacturing factories to set up in the Freeport for the production of 
goods aimed primarily at the African market. 
Investors willing to set up seafood processi ng activities in Mauritius (as domestic 
company) will benefit from the following incentives 
• Personal and Corporate tax rate harmonized at 15% WT/TPR/M/304/Add.1 
 
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  • Tax-free dividends  
• No restriction on ownership: 100% foreign ownership allowed 
• No exchange controls: free repatriation of profits, dividends and capital  
• No minimum foreign capital required 
• Capital and annual allowances for investment in equipment 
Investors willing to set up seafood processi ng activities in Mauritius Freeport (as a 
Freeport Company) will benefit fr om the following incentives 
• 0% corporate tax 
• Preferential market access  
• 100% foreign ownership  
• Free repatriation of profits  
• No foreign exchange control  
• Reduced port handling charges  
• 50 % of re-export value to the local market (loc al sales will be subject to VAT and custom 
duties) 
• Access to offshore banking facilities 
__________