WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  WT/TPR/M/198/Add.1 
30 May 2008 
 (08-2524) 
Trade Policy Review Body 
23 and 25 April 2008 Original: English/ 
 anglais/  inglés  
 
TRADE POLICY REVIEW 
MAURITIUS 
Minutes of Meeting
 
Addendum  
Chairperson:  H.E. Mr. Yonov Frederick Agah (Nigeria) 
 
 This document contains the advance writte n questions, and replies provided by Mauritius.1 
 __________________________________________________________________________________ 
Organe d'examen des politiques commerciales 
23 et 25 avril 2008 
 
EXAMEN DES POLITIQUES COMMERCIALES 
MAURICE 
Compte rendu de la réunion
 
Addendum  
Président:  S.E. M Yonov Frederick Agah (Nigéria) 
 
 Le présent document contient les questions écrites communiquées à l'avance et les réponses 
fournies par Maurice.1 
 
__________________________________________________________________________________ 
Órgano de Examen de las Políticas Comerciales 
23 y 25 de abril de 2008 
 
EXAMEN DE LAS POLÍTICAS COMERCIALES 
MAURICIO 
Acta de la reunión  
Addendum  
Presidente:  Excmo. Sr. Yonov Frederick Agah (Nigeria) 
 
 En el presente documento figuran las pre guntas presentadas anticipadamente por escrito, 
junto con las respuestas facilitadas por Mauricio.1 
 
                                                      
1 In English only./En anglais seulement./En inglés solamente.  WT/TPR/M/198/Add.1 
 Page 3 
 
 
 WRITTEN QUESTIONS BY MEMBERS 
QUESTIONS FROM BRAZIL  
 
1. As noted by the Secretariat on paragraph 23, page 18, "Mauritius has made a large number of 
notifications to the WTO, but as of June 2007, not ifications were still pending on import licensing, 
enforcement of intellectual property rights, a nd more notably those under the Agreement on 
Agriculture, under which no notification has ever been  made (Table II.2)." Is Mauritius preparing the 
notification under the Agreement on Agriculture?   2. On paragraph 24, page 80, the Secretariat not es that the Government of Mauritius is planning 
to increase "the generation of electricity from bag asse and coal, and the production of ethanol, with 
the aim of reducing dependency on oil imports." Is the production of ethanol only for blending with 
gasoline, or does Mauritius intend to implement "fle xible" fuel cars or biofuel powered vehicles? 
 
QUESTIONS FROM CANADA
 
Report by the Secretariat (WT/TPR/S/198)  
Part III. Trade Policies and Practices by Meas ure: (4) Measures Affecting Production and 
Trade; (iv) Protection of intellectual property rights: paragraph 126, page 71: 
According to the Secretariat Report for Mauritius,  "[c]ompulsory licences may be granted for public 
interest purposes (including national security, nutriti on, health, or the development of other vital 
sections of the national economy)". 
 
Canada would be grateful for further details on: 1. What is meant by "the development of ot her vital sections of the national economy"? 
2. To what extent efforts must be made to obtai n authorization of the right holder on reasonable 
 commercial terms and conditions. 
 
Part III. Trade Policies and Practices by Meas ure: (4) Measures Affecting Production and 
Trade; (iv) Protection of intellectual property rights: paragraph 133, page 72: 
 
The Secretariat Report for Mauritius states that, "[I] n 2001, an Anti Piracy Unit of the Police Force 
was set up with the aim of combating piracy and promoting and enforcing the copyright and trade 
mark legislation". 
 3. Could Mauritius provide more information on the Anti-Piracy Unit, including whether it is 
federal or municipal as well as its effectiveness to date?  Part IV. Trade Policies by Sector, (5) Servi ces (ii) Telecommunications, paragraph 116, 
page 102: 
 
The Secretariat notes that in 2004, Mauritius devel oped a National Telecommunications Policy, which 
"specifically identifies implementation of the WT O agreement on telecommunications... as priorities." 
 
4. Has Mauritius fully implemented the principles of the Reference Paper on 
Telecommunications? If not, could Mauritius please provide an update on its implementation? 
 
Part IV. Trade Policies by Sector, (5) Services,  (iv) Tourism, paragr aph 147, page 110: 
 
The Report mentions a Tourism Strategy  to be developed by March 2008. WT/TPR/M/198/Add.1 
Page 4  
 
 5. What is the status of the development of such a strategy? 
 
Part IV. Trade Policies by Sector, (5) Services,  (iv) Tourism, paragr aph 156, page 112: 
 
This paragraph focuses on the Uruguay Round commit ments of Mauritius. It cites that foreign hotel 
and restaurant operators must be staffed pre dominantly by Mauritians. We understand that these 
requirements are not part of the Uruguay Round commitments, but rather requirements reflected in Mauritius’ initial services offer of June 2004.   6. Please clarify. 
 
Part IV. Trade Policies by Sector, (5) Services,  (iv) Tourism, paragr aph 157, page 113: 
 
The Report cites the non-application since 2006 of th e bound requirement that foreign investment in 
hotels with less than 100 rooms be limited to 49 percen t. The requirement is not applied provided that 
"project meets the objectives of ‘quality tourism’  and adds value to the existing project".  
 7. What is meant by ‘quality tourism’ and in wh at ways is additional value to the existing 
project measured?  
Part IV. Trade Policies by Sector, (5) Services , (v) Professional Services, paragraph 166, 
page 114: 
 
The Secretariat Report notes that subject to limited restrictions and local registration and licensing 
requirements, foreign professionals are able to pr ovide such professional services as engineering, 
architecture, legal, accounting, auditing and boo kkeeping. The report also notes that professional 
regulatory bodies in Mauritius have  engaged with professional associa tions internationally in regard 
to certain mutual recognition type initiatives. For example, the Report notes that: "The CRPE 
generally approves those satisfying the educational requirements of the Engineering Council (UK) for 
registration as Chartered Engineers, or registrati on as EUR-ING with the Fédération Européenne des 
Associations Nationales des Ingénieurs (FEANI),  or those accredited for professional engineering 
practice by any member of the Washington Accord engineering bodies." 
 
8. Given the current openness in practice of Ma uritian professional regulatory bodies toward 
recognition of foreign professionals, if Mauritiu s is considering making new commitments for 
professional services, is it willing to reflect its current regulatory status quo  in these sectors 
(engineering, architecture, legal, accounting) in its next GATS offer? 
 
Report by Mauritius (WT/TPR/G/198)
 
 Part III. The Economic Reform Programme, pa ragraph 33, page 12, and; Report by the 
Secretariat , Part III. Trade policies and Practices by Measures, (4) Measures affecting 
Production and Trade, (ii) State trading, state owned enterprises, and privatization, 
Table III.14, page 66-67:  
 
It is stated in the Report by Mauritius that the country is implementing an ambitious reform program 
aimed at moving the economy away from dependen ce on trade preferences to  global competitiveness 
inter alia by overhauling the incentive fra mework to reduce distortions and biases. Since the 
Table III.14 shows that Mauritius is intervening in  many different aspects of the economy and that no 
privatization is contemplated: 
  WT/TPR/M/198/Add.1 
 Page 5 
 
 
 9. Can Mauritius provide further clarification on how  it intends to relax government intervention 
in economic activity and encourage private sector participation (presumabl y through the Private 
Public Partnership Scheme), at least in some sectors?  
Part III. The Economic Reform Programme, (1) Components of the Reform Programme, (vi) 
Addressing the Cost of Services, paragraph 53, page 16:  
 
The Government Report notes that the export of professional services is an area in which Mauritius 
views potential for growth, and that the Government is in the process of developing a roadmap for the 
export of professional services in various sectors. The Report by the Secretariat (par. 160, page 113) 
also mentions the "Scheme to Attract Professionals  for Emerging Sectors" (SAPES) that Mauritius put 
in place in 2002 as a means to promote investment, particularly in ICT and financial services. In continuation of these exports promotion plans that  Mauritius has been developing to enhance the 
export potential of the professional services sectors:  
10. Does Mauritius envisage the scope for making commitments on professional services in its 
next GATS offer as a means to continue development under these plans?  
Part III. The Economic Reform Programme, (1) Components of the Reform Programme, (xi) 
Cost of the Economic Reform Pr ogramme, paragraph 65, page 18: 
 
Mauritius has estimated the cost of its ambitious economic reform program at 4 billion Euros over the 
next ten years; half of this will be financed fro m internal resources while the other half will come 
from FDI and Aid for Trade.  11. Can Mauritius provide us with an estimate of the expected Aid for Trade component of its 
reform expenditures? 
 
Part VI. Performance Main Sectors, (1) To urism Services, paragraph 82 (ii), page 21: 
 
One of the elements that the Ministry of Tourism has elaborated on to guide a coherent and cohesive 
development strategy in the touris m sector relates to investment. It states that the "Government will 
exercise more caution in the choice of foreign in vestors to ensure a diversified mix of capital 
mobilization. Opportunities would be given to intern ational brand names to invest in luxury hotel 
development and thereby benefit from their ex isting marketing network and expertise."  
 12. What are the criteria that the Government will use in making its selection of foreign 
investors? 
 
Part VI. Performance of Main Sectors, (2) Information Communication Technology Services, 
paragraph 83, page 21:  
The Government Report outlines Mauritius' ICT vision of positioning the country as a Regional ICT hub, including doubling the number of foreign investors in the next five years. 
 13. Could Mauritius clarify the level of foreign pa rticipation currently allowed in this sector? 
 14. Does Mauritius intend to bind its current level of  openness in Computer and Related Services 
in its GATS commitments? 
 
Part VII. Implementation of Uruguay Round Ag reements, Bilateral and Regional Cooperation: 
(1) Challenges and Constraints in Implementing  the Results of the Uruguay Round Agreements: 
paragraph 145, page 30: WT/TPR/M/198/Add.1 
Page 6  
 
 Canada notes that according to the Government Re port for Mauritius, "[r]egarding Industrial Property 
Legislation, only the Patents, Industrial Designs  and Trademarks Act 2002 and the Protection against 
Unfair Practices Act have been procla imed, due to capacity constraints". 
 15. Canada would be grateful if  Mauritius could advise whether it is considering requesting 
technical assistance from WIPO or the WTO to enable it to proclaim further Industrial Property 
Legislation.  
QUESTIONS FROM JAPAN
 
 
The Secretariat Report (WT/TPR/S/198)  III. TRADE POLICIES AND PRACTICES BY MEASURE 
(2) Measures Affecting Production and Trade 
(iv) Intellectual property rights  
Question 1: page 72, Table III.17  
Table III.17 clearly indicates that the number of a pplications and registrations in trademarks is 
extremely higher than that of patents and industrial designs. 
 
Please provide a percentage of applicants’ natio nalities for applications and registrations in 
trademarks, in particular, those applicants’ nati onalities related to such countries as Japan, United 
States, European countries, China and Korea. 
 (iv) Intellectual property rights  Question 2: page 72, paragraph 133 
 According to the Secretariat report, Customs may detain and seize imports of  pirated or counterfeit 
goods but only if the right holder has registered with Customs.  1 Could Mauritius explain what kind of information right holders are obliged to register with 
Customs? For instance, is it right to understand th at the right holder of a trademark should obtain 
solely, a certificate of trademark registration? Or, in addition to a certificate of trademark registration, does the right holder of a trademark need to notif y Customs of the information on importers and 
exporters pursuant to im ported goods concerned? 
 
2 Please indicate whether Customs detain and seize exports of pirated or counterfeit goods. 
 3 Please clarify further regarding the IPR Unit and Anti Piracy Unit of the Police Force, in 
terms of institutional function and actual activity.  Please provide specific data regarding the number 
of enforcement of pirated or count erfeit goods, before and after the establishment of an IPR Unit and 
an Anti Piracy Unit of the Police Force. 
 
QUESTIONS FROM THE EUROPEAN COMMUNITIES
 
 
I. ECONOMIC ENVIRONMENT  
 
Mauritius' Report, page 13, paragraph 35 
 
The report by Mauritius states that one of the objectives of the economic reform programme is facilitating employment creation and promoting social equity.  WT/TPR/M/198/Add.1 
 Page 7 
 
 
 1. Could Mauritius give details on the concrete ac tions/measures taken to achieve this goal?  
2. What are the specific actions that the Government has already taken or plans to take in order to 
alleviate the problems related to child labour? 
 
II. TRADE INVESTMENT REGIMES 
 
(3) Trade policy objectives 
 WTO Secretariat's report page 17, paragraph 18 and page xi, paragraph 21  
Mauritius has indicated that one of its trade policy ob jectives is to pursue tariff simplification in order 
to transform "Mauritius into a globally competitive economy and to move speedily to a Duty Free 
Island" within three years.  
 
3. How does Mauritius intend to reconcile its plans to become a duty-free island with its regional 
integration agenda with COMESA (i.e forming a Customs Union)? 
 
(4) Trade Agreements and Arrangements (iii) Preferential Trade Ag reements and Arrangements 
 Mauritius' report, page 31, paragraphs 152-153 
 
The report notes that Mauritius and India are work ing towards the conclusion of a Comprehensive 
Economic and Partnership Coopera tion Agreement (CECPA). Talks on the Preferential Trading 
Agreement and Economic Cooperation under the CE CPA were completed in August 2006 and the 
PTA is expected to be signed this year. 
 
4. Could Mauritius elaborate on the scope and trade coverage of this Agreement?  
 
5. When will this Agreement enter into force? 
 
Mauritius and Pakistan signed a Preferential Trad ing Agreement on 30 July 2007 which came into 
force on 30 November 2007. The report indicates that this  PTA applies to a list of  thrust products that 
constitute a good potential in dynamising trade. 
 
6. Could Mauritius describe in detail the curre nt trade coverage of this Agreement? 
 
Mauritius' report, page 31, paragraph 155  
The report states that Mauritius is also working to wards the strengthening of its economic and trade 
relationship with the People Republic of China.  Both sides expect to enhance their long existing 
economic ties through an Economic and Trade Cooperation Agreement. 
7. Could Mauritius elaborate further on the objectives and timeline for establishing an Economic 
and Trade Cooperation Agreement with China? 
Annex II.1:  AID FOR TRADE 
 
WTO Secretariat's Report, page 33, paragraph 5  
The report states that Mauritius’ AFT requests are based on its national trade development strategy 
based on a ten-year programme announced in the FY 06/07 Budget, which is aimed at opening the 
economy to the rest of the world and implem enting wider economic and social reforms.  WT/TPR/M/198/Add.1 
Page 8  
 
 8. Could Mauritius elaborate further on the planned social reforms?   
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(2) Measures Directly Affecting Imports  (ii) Tariffs, other duties and taxes 
 
WTO Secretariat's report, page 39, paragraph 19 
 
Government announced its intention to establish a duty -free island within a three years period.  It has 
consequently reduced average tariffs significantly during the fiscal year 2006/7. As stated in the 
report, some 79% of all tariff lines were duty free in 2007. 
 
9. Could Mauritius outline its future plans, if any, to further reduce its tariff schedules? 
 
WTO Secretariat's report, page 44, paragraphs 34-37 
 
The Secretariat's report underlines that Mauritius trade regime would benefit from increased predictability if the gap between a pplied and bound rates were reduced. 
 
10. Does Mauritius intend to reduce the gap between applied and bound rates, and if so, what is 
the planned timeline?  (x) Government procurement  
 
WTO Secretariat's Report, page 57, paragraph 77(footnote 37) 
 
11. What is Mauritius' experience with the first m onths of implementation and application of the 
Public Procurement Act and does Ma uritius expect any delays in the public procurement processes? 
 
12. As the Public Procurement Act 2006 has been proclaimed, which aim is to bring the local 
procurement practices in line with international st andards, when does Maurit ius intend to become 
observer to the WTO Agreement on Government Procurement (GPA)? 
 
WTO Secretariat's Report, page 58-59, paragraphs 80-81 
 
The report indicates that thresholds for the value of the procurement that are yet to be set.  
 
13. When does Mauritius intend to fix thresholds and at which level? 
 
14. Which process is used to set up eligibility lists used in restricted bidding? How often are they 
updated? Are foreign companies allowed to register?  15. Are invitations to bid or to prequalify published on the internet and if not, are there any plans 
to do so? 
 
When using open advertised intern ational bidding, domestic or regi onal goods, services or contractors 
may be granted an advantage or preference in appropriate cases. 
 
16. Could Mauritius elaborate on which are the "a ppropriate cases" and under which conditions 
domestic or regional goods, services or contractors may be granted an advantage or preference? 
  WT/TPR/M/198/Add.1 
 Page 9 
 
 
 WTO Secretariat's Report, page 59, paragraph 82 
 
17. What are the conditions allowing the use of dir ect procurement as compared with restricted 
bidding or request for sealed quotations?  
 
WTO Secretariat's Report, page 59, paragraph 84 
 
18. Have any challenges cases occur since the new P ublic Procurement Act has been implemented? 
 
(3) Measures Affecting Production and Trade 
(iii) Competition policy and price controls 
 WTO Secretariat's Report, page 68, paragraph 116  
19. Could Mauritius provide information when th e new Competition Bill will be passed by the 
National Assembly and when it is expected to enter into force? 
 
IV. TRADE POLICIES BY SECTOR  (5) Services  (ii) Telecommunications 
(a)  
WTO Secretariat's report, page 102, paragraph 116 
20. Could Mauritius provide information regarding the implementation of the Data Protection Act 
of 2004?  
(iv) Tourism 
 
WTO Secretariat's Report, page 109, paragraphs 103-145 
 
21. Could Mauritius indicate how many people work in the tourism sector and what has been the 
evolution in the last years?   
22. How much of the Foreign Direct Investment attract ed by the country in the last years has been 
in the tourism sector?  23. Could Mauritius provide us with additional info rmation about their existing plans to promote 
the tourism sector, and what measures the governme nt is taking to ensure non-discrimination of 
foreign services suppliers? 
 24. Does Mauritius have any plans for improving prof essional education and training related to the 
tourism sector? If so, please elaborate on these plans.  25. What is Mauritius' assessment of the effect of the tourism sector in overall economic growth 
and employment, and, in particular , in other economic sectors like construction, transport, computer 
services, education and professional training?  26. Could Mauritius inform us about the existing legislation applicable  to tour managers 
(professionals accompanying groups of tourists in their travel through the country) and tourist guides? 
Does the government of Mauritius intend to reduce or  eliminate discrimination of foreign services 
suppliers in these fields? WT/TPR/M/198/Add.1 
Page 10  
 
 27. Could Mauritius inform us whether hotel services suppliers willing to develop new hotels and 
related facilities can use the services of the construc tion companies of their choice, including, without 
application of discriminatory measures, cons truction companies from other WTO Members?  
 
Other services 
 28. Could Mauritius elaborate on the legislation applicable to the following activities and the 
measures the government is taking to ensure non-discrimination of foreign services suppliers? 
 
- Retail distribution services 
- Computer-related services 
- Management consulting - Services related to management consulting  
QUESTIONS FROM HONG KONG, CHINA
 
 
Tariff 
(WT/TPR/S/198, page 35, paragraph 1; and page 39, paragraph 18)  
1. We note from the Secretariat Report the use of  specific duties increased drastically from only 
two tariff lines in 2001 to 5.9% of Mauritius’ total ta riff lines in 2007.  We are interested to know the 
reason for this change. 
 
Contingency Trade Remedies 
(WT/TPR/S/198, page 51, paragraph 53)  
2. It is noted that the trade remedies legislati on of Mauritius was first drafted in 2001.  Yet, the 
bill (or its later version) has not been passed into law at the time of writing of the TPR reports.  We 
are interested in knowing the reasons for the long period of time taken.  Are they attributable to the trade remedies themselves or for reasons beyond trade?  Separately, does the Mauritian Government 
envisage many requests from the industries for inves tigations after the passage of the legislation?  
 Competition (WT/TPR/S/198, page 68, paragraphs 116 and 118)  
3. We note from the Secretariat Report that acco rding to a research undertaken by Mauritius, 
anti-competitive practices, in particular collective pri ce fixing, are widespread in Mauritius.  Besides, 
there are increasing concerns about market concen tration in a number of subsectors.  We are 
interested to know in what ways such anti- competitive practices could be addressed by the new 
competition bill.  
MFN Exemptions in the Financial Services Sector 
(WT/TPR/S/198, page xi, paragraph 18; page 96, paragraph 90) 
 4. As reflected in the Secretariat Report, Maur itius maintains, on reciprocity grounds, an MFN 
exemption on the financial services sector so as to enhance access to foreign financial markets by Mauritian financial service suppliers.  We note  from Mauritius’ "List of Article II (MFN) 
Exemptions" that the intended duration for the subj ect exemption is "10 years", which should have 
been lapsed by now.  Could we expect Mauritius to remove this lapsed exemption in its next services 
offer?   WT/TPR/M/198/Add.1 
 Page 11 
 
 
 QUESTIONS FROM COLOMBIA  
 
1. Like Mauritius, Colombia’s sugar exports are large, it has interest in biofuels and it is 
currently affected by high oil prices.  We read atte ntively paragraph 24 Section IV of the Secretariat’s 
report.  We also learned about your Multi – Annual  Adaptation Strategy.  Colombia would like to 
have more information on Mauritius’ experience and outlook for this sector, especially regarding 
biofuels.  2. We learned that Mauritius’ economic devel opment strategies are now less dependent on trade 
preferences, but rather on the gl obal competitiveness of local pr oducts, which is to be achieved 
through, among others, the reduc tion of production costs, enforced competition, increased public 
investment in infrastructure, and education and trai ning (paragraph 18 Section II of the Secretariat’s 
report).  Colombia would like to  know more about Mauritius’ outl ook and industrial and trade policy 
regarding its textile and apparel industries.  
3. Paragraph 69 Section II of the Secretariat’s re port indicates that Mauritius modified its foreign 
investment promotion strategy from granting numer ous and overlapping incentives towards one based 
on a low-tax regime and targeted promotion of projects.  It also states that the new strategy involved the creation of a unique brand iden tity for Mauritius, instead of targ eting sectors individually through 
their respective promotion agencies.  Likewise, it stat es that steps have also been taken to facilitate 
investment procedures, as well as acquisition of prope rties by foreigners and that Freeport and Real 
Estate Schemes have been introduced.  Colombia would like to learn more about Mauritius’ foreign 
direct investment promotion policies and measures.  4. Like Mauritius, Colombia has a large inter est in tourism and tourism – related services.  
Could Mauritius highlight problems faced by you wh en attracting tourists and how you are planning 
to overcome such problems?  We would also like to have more information regarding the 
development of your financial services sector.  
QUESTIONS FROM THE UNITED STATES
 
 
WT/TPR/S/198 
II. TRADE AND INVESTMENT REGIMES 
(5) Foreign Investment Regime 
 
Page 29, paragraph 69 :  What procedures do the Business Re gistration and the Business Facilitation 
(Miscellaneous Provisions) Acts facilitate? Where are the implementing rules and/or regulations 
promulgated under these Acts published?  
 Page 31, paragraph 76
:  According to the report, "direct ow nership by foreigners of an onshore 
Mauritian company, or part of it, requires authorization from the Prime Minister."  What is the procedure and time frame for obtaining such author ization?  How does Mauritius determine whether 
the company in question is in competition with Ma uritian-owned companies?  What effect does that 
determination have on the Prime Mini ster’s approval of ownership?   
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(2) Measures Directly Affecting Importers (vi) Import prohibitions, restrictions and licensing 
 
Page 48, Table III.6
:  Table III.6 lists the goods that Mauritius prohibits from importation.  Does 
Mauritius also prohibit the domestic sale of th ese products?  Do Mauritian companies manufacture 
any of these products domestically?   WT/TPR/M/198/Add.1 
Page 12  
 
 (4) Measures Affecting Production and Trade 
(iv) Intellectual property rights 
 
Page 70, paragraph 124
:  The Secretariat’s Report states: "[T]he economic rights relating to the work 
of an author are protected during his lifetime plus 50 years thereafter.  Protection is for  25 years for 
photographic works and 50 years for other rights."  What rights does the Mauritian government 
protect for a term of only 50 years, without reference to the life of the author?  Page 71, paragraph 129:  Wh en does Mauritius expect its 
Geographical Indications Act 2002 to enter 
into force? Please clarify whether trademarks in Mauritius would be protected from confusingly 
similar and later in time geographical indications und er this pending legislation.  Please confirm that 
the grounds for refusing protection, for opposing a GI  application and for cancelling a GI registration 
include that a prior existing trademark is confusingly similar to a later in time geographical indication.  
 Page 72, paragraph 133
: The Secretariat states that: "[A]n IPR Un it has been established to help rights 
holders.  In 2001, an Anti Piracy Unit of the Police Force was set up with the aim of combating piracy 
and promoting and enforcing the copyright and trad emark legislation."  Please provide greater detail 
on how these Units help rights holders and promote a nd enforce the copyright laws.  Are the IPR and 
Anti Piracy Units in fact the same unit?  If not, do they collaborate and coordinate with each other?  
Do they conduct raids (including ex officio acti ons)?  If so, please provide information on how many 
raids have been conducted and the results of these raids, including any arrests and prosecutions.   
 
Page 72, paragraph 133:   Does Customs have authority to take action on infringing exports?  Is the 
Mauritian government contemplating fu ture amendments to the customs code in order to extend ex 
officio authority for Customs officers? 
 
(ix) Health, sanitary, phytosanitary, and environmental protection measures 
Page 55, paragraph 66 :  The United States appreciates the eleven SPS WTO notifications already 
submitted by Mauritius.  When does Mauritius  plan  to notify the WTO  regarding the regulations 
referenced in paragraph 66? (Speci fically, regulations on Veterinary Services, the Seed Bill, the Plant 
Breeder’s Rights Bill, the Animal Health Bill, and modification of both the Dangerous Chemicals 
Control Act 2004, and the Genetically Modified Organism Act 2004.)  
IV. TRADE POLICIES BY SECTOR 
(5) S
ERVICES  
(i) Overview 
 
Page 96, paragraph 88 :  The Secretariat notes that the Mauritian regime for services is more liberal 
than its current GATS commitments.  Will the Ma uritian government’s next GATS offer reflect the 
current level of market access? 
 
Page 98, paragraph 96 :  Why is an economic needs test neces sary for financial services given the 
sector’s strong contributions to the Mauritian ec onomy and the active participation of foreign 
financial institutions?  WT/TPR/M/198/Add.1 
 Page 13 
 
 
 REPLIES PROVIDED BY MAURITIUS 
 
BRAZIL  
 
1. As noted by the Secretariat on paragraph 23, page 18, "Mauritius has made a large number of 
notifications to the WTO, but as of June 2007, not ifications were still pending on import licensing, 
enforcement of intellectual property rights, a nd more notably those under the Agreement on 
Agriculture, under which no notification has ever been  made (Table II.2)." Is Mauritius preparing the 
notification under the Agreement on Agriculture?   
 
Answer: The notification exercise constitutes an administr ative burden for small economies which are 
hampered by limited staff in the relevant Ministries. Nevertheless, we are now ready with our Agricu lture notification and would like to submit it to the 
WTO Secretariat.  
 
2. On paragraph 24, page 80, the Secretariat notes that the Government of Mauritius is planning 
to increase "the generation of electricity from bag asse and coal, and the production of ethanol, with 
the aim of reducing dependency on oil imports." Is the production of ethanol only for blending with 
gasoline, or does Mauritius intend to implement "fle xible" fuel cars or biofuel powered vehicles? 
 Answer: With the flaring up of oil prices in recent years and up to now, ethanol is becoming a viable alternative to gasoline for use in cars as evidenced by th e successful experi ence of countries such as 
Brazil.  Currently, government is finalizing a coherent energ y policy, fully integrating the role of the 
sugarcane cluster and ethanol development on the bas is of economic, financial and environmental 
analyses. Ethanol is new to the vast majority of car owners, car importers and garages in this country 
and its introduction should be undertaken in a prude nt manner. The time frame required to go ahead 
with the use of ethanol in a particular blending mix, even if it is E10, should be based after all technical, financial, environmental, legal and l ogistics aspects have been addressed. There is also 
need to gauge the awareness and perception of the general public regarding biofuels. 
 
CANADA
 
Report by the Secretariat (WT/TPR/S/198)  Part III. Trade Policies and Practices by Meas ure: (4) Measures Affecting Production and 
Trade; (iv) Protection of intellectual property rights: paragraph 126, page 71: 
 
According to the Secretariat Report for Mauritius,  "[c]ompulsory licences may be granted for public 
interest purposes (including national security, nutriti on, health, or the development of other vital 
sections of the national economy)".  
Canada would be grateful for further details on: 
 1. What is meant by "the development of other vital sections of the national economy"? 
 
Answer: 
Mauritius does not have any particular sector in mind at the moment but could encompass issues like 
protection of the environment, food security among others.  
2. To what extent efforts must be made to obt ain authorization of the right holder on reasonable 
commercial terms and conditions. WT/TPR/M/198/Add.1 
Page 14  
 
 Answer: 
We understand that this issue has to be resolved between the two private parties.  Part III. Trade Policies and Practices by Meas ure: (4) Measures Affecting Production and 
Trade; (iv) Protection of intellectual property rights: paragraph 133, page 72: 
 The Secretariat Report for Mauritius states that, "[I] n 2001, an Anti Piracy Unit of the Police Force 
was set up with the aim of combating piracy and promoting and enforcing the copyright and trade 
mark legislation".  
3. Could Mauritius provide more  information on the Anti-Piracy Unit, including whether it is 
federal or municipal as well as its effectiveness to date?  
Answer: 
The Anti Piracy Unit was set up in August 2001 under the Police Department. 
The Anti Piracy Unit conducts raids following compla ints received and also after obtaining a search 
warrant from a magistrate in Chambers. Statistics for counterfeit products and pirated CDs seized by the APU  
 Year 2007 Year 2008 January to date) 
Counterfeit products 12934 85032 
Pirated CDs/VCDs/DVDs 2991 26081 
 Part IV. Trade Policies by Sector, (5) Servi ces (ii) Telecommunications, paragraph 116, 
page 102: 
 The Secretariat notes that in 2004, Mauritius devel oped a National Telecommunications Policy, which 
"specifically identifies implementation of the WT O agreement on telecommunications... as priorities." 
 4. Has Mauritius fully implemented the principles of the Reference Paper on Telecommunications? If not, could Mauritius please provide an update on its implementation? 
 Answer: In terms of Essential Facility, a policy decision on the submarine landing station is under consideration. As regards the competitive safeguards , arrangements are currently being made for the 
implementation of the provisions of the Act. On  the subject of Interconnection we have achieved 
significant degree of compliance in terms of th e physical and technical specs. As regards the 
economic regulation element, a directive to bring in the cost-based IUC is underway. 
 The setting up of a Universal Service Framework is underway and the regulator is making the 
appropriate regulations. As regards  the public availability of licensing criteria, this has been 
implemented fully, and the said info, as well as copy  of all licences issued by ICTA is available on the 
website of the ICTA. With regard to establishment of  Independent Regulator, this has been done since 
July 2002, when the ICT Act 2001 was proclaimed. 
 Finally, as regards allocation of scare resources, vi z. radiofrequency spectrum, numbering and right 
of way, these have been achieved fully. There is a national radiofrequency sp ectrum allocation chart 
for Mauritius as well as a National Numbering Plan  for the next 20 years. The other scarce resource 
which is the right of way has al so been addressed as part of the pr ovisions in the ICT Act 2001. 
  WT/TPR/M/198/Add.1 
 Page 15 
 
 
 The National ICT Strategic Plan, endorsed by Government in October 2007,  has additional 
initiatives aligned with implementation initiati ves of the principles of the reference paper. 
 Part IV. Trade Policies by Sector, (5) Services,  (iv) Tourism, paragr aph 147, page 110: 
 
The Report mentions a Tourism Strategy  to be developed by March 2008. 
 5. What is the status of the development of such a strategy?  
Answer: 
A Consultancy Group has been commissioned for the dr afting of the Tourism Sector Strategy Paper. 
An inception report has been submitted by the cons ultant and the final report is expected in 
June 2008.  Part IV. Trade Policies by Sector, (5) Services,  (iv) Tourism, paragr aph 156, page 112: 
 This paragraph focuses on the Uruguay Round commit ments of Mauritius. It cites that foreign hotel 
and restaurant operators must be staffed pre dominantly by Mauritians. We understand that these 
requirements are not part of the Uruguay Round commitments, but rather requirements reflected in Mauritius’ initial services offer of June 2004.   
6. Please clarify. 
 
Answer: 
Yes it is included in the initial offer of Mauritius in  tourism services.  The in itial offer of Mauritius in 
tourism services included some technical corrections, so  as to render the previous entries compatible 
with the GATS scheduling techniques. 
Consequently, the wording ‘foreign establishments mu st be staffed predominantly by Mauritians’ was 
moved from the national treatment co lumn to the market access column. 
 Part IV. Trade Policies by Sector, (5) Services,  (iv) Tourism, paragr aph 157, page 113: 
 
The Report cites the non-application since 2006 of th e bound requirement that foreign investment in 
hotels with less than 100 rooms be limited to 49 percen t. The requirement is not applied provided that 
"project meets the objectives of ‘quality tourism’  and adds value to the existing project".  
 7. What is meant by "quality tourism" and in what ways is additional value to the existing 
project measured? 
 
Answer: 
Quality tourism pertains to the provision of an exce llent  service backed by the best range of hotel 
products/amenities.  Existing development projects can be enhanced through: 
 
-  Legal framework and legislation for the regulation of all tourist-related activities -  Careful physical planning and development as  laid in the Physical Planning Guidance 
-  Preservation of natural sites -  Learning and Development of service providers  
 WT/TPR/M/198/Add.1 
Page 16  
 
 Part IV. Trade Policies by Sector, (5) Services , (v) Professional Services, paragraph 166, 
page 114:  
The Secretariat Report notes that subject to limited restrictions and local registration and licensing 
requirements, foreign professionals are able to pr ovide such professional services as engineering, 
architecture, legal, accounting, auditing and boo kkeeping. The report also notes that professional 
regulatory bodies in Mauritius have  engaged with professional associa tions internationally in regard 
to certain mutual recognition type initiatives. For example, the Report notes that: "The CRPE 
generally approves those satisfying the educational requirements of the Engineering Council (UK) for 
registration as Chartered Engineers, or registrati on as EUR-ING with the Fédération Européenne des 
Associations Nationales des Ingénieurs (FEANI),  or those accredited for professional engineering 
practice by any member of the Washington Accord engineering bodies."  8. Given the current openness in practice of Mauritian professional regul atory bodies toward 
recognition of foreign professionals, if Mauritiu s is considering making new commitments for 
professional services, is it willing to reflect its current regulatory status quo  in these sectors 
(engineering, architecture, legal, acc ounting) in its next GATS offer?  
 
Answer: 
Mauritius has included one sector of professional services, namely accountancy services in its initial 
offer.  The issue as to whether Mauritius would include new services secto rs in its initial  offer or bind 
its current status quo in professional services secto rs would depend on the dynamics of the current 
services round and the benefits that Mauritius  could derive in doing so . 
 
Report by Mauritius (WT/TPR/G/198) 
 
Part III. The Economic Reform Programme, pa ragraph 33, page 12, and; Report by the 
Secretariat , Part III. Trade policies and Practices by Measures, (4) Measures affecting 
Production and Trade, (ii) State trading, state owned enterprises, and privatization, 
Table III.14, pages 66-67:   
It is stated in the Report by Mauritius that the country is implementing an ambitious reform program 
aimed at moving the economy away from dependen ce on trade preferences to  global competitiveness 
inter alia  by overhauling the incentive framework to reduce distortions and biases. Since the 
Table III.14 shows that Mauritius is intervening in  many different aspects of the economy and that no 
privatization is contemplated: 
 
9. Can Mauritius provide further clarification on how it intends to relax government intervention 
in economic activity and encourage private sector participation (presumabl y through the Private 
Public Partnership Scheme), at least in some sectors?  
 
Answer: Government is stepping into a new phase in th e PPP life cycle - moving from policy and legislative 
framework to the development and implementation of PPP projects. 
Three PPP projects are currently being developed, nam ely, the Port Louis Ring Road and Harbour 
Bridge, the Integrated Market Project at Rose Hill and the New Town at Highlands  
 Part III. The Economic Reform Programme, (1) Components of the Reform Programme, 
(vi) Addressing the Cost of Services, paragraph 53, page 16: 
 
The Government Report notes that the export of professional services is an area in which Mauritius 
views potential for growth, and that the Government is in the process of developing a roadmap for the 
export of professional services in various sectors. The Report by the Secretariat (par. 160, page 113)  WT/TPR/M/198/Add.1 
 Page 17 
 
 
 also mentions the "Scheme to Attract Professionals  for Emerging Sectors" (SAPES) that Mauritius put 
in place in 2002 as a means to promote investment, particularly in ICT and financial services. In continuation of these exports promotion plans that  Mauritius has been developing to enhance the 
export potential of the professional services sectors:  
10. Does Mauritius envisage the scope for making commitments on professional services in its 
next GATS offer as a means to continue development under these plans?  
Answer: 
It should be noted that the SAPES Scheme ref erred to above has already been repealed and as 
mentioned in paragraph 160 of th e Secretariat Report, the Busin ess Facilitation (Miscellaneous 
Provisions) Act 2006 allows for freer mobility of professionals and covers all categories of 
professionals contrary to SAPES whic h covered broadly two main sectors. 
Professional services are very important for Mauritiu s as given current resource constraints, our 
human capital constitute a very important asset.  Regarding the export of professional services, 
Mauritius is particularly interested in tempora ry movement of professionals through mode 4.  
New commitments in professional services to regulat e entry in our market will depend on the current 
trade-offs in the current services round and will also ha ve to take into consideration the exiguity of 
our domestic market.  Part III. The Economic Reform Programme, (1) Components of the Reform Programme, 
(xi) Cost of the Economic Reform Programme, paragraph 65, page 18: 
 
Mauritius has estimated the cost of its ambitious economic reform program at 4 billion Euros over the 
next ten years; half of this will be financed fro m internal resources while the other half will come 
from FDI and Aid for Trade. 
 
11. Can Mauritius provide us with an estimate of  the expected Aid for Trade component of its 
reform expenditures?  
Answer: 
Euro 500 million. 
 
Part VI. Performance Main Sectors, (1) Tour ism Services, paragraph 82, (ii), page 21: 
 
One of the elements that the Ministry of Tourism has elaborated on to guide a coherent and cohesive 
development strategy in the touris m sector relates to investment. It states that the "Government will 
exercise more caution in the choice of foreign in vestors to ensure a diversified mix of capital 
mobilization. Opportunities would be given to intern ational brand names to invest in luxury hotel 
development and thereby benefit from their existing marketing network and expertise." 
 12. What are the criteria that the Government will use in making its selection of foreign investors? 
 
Answer: 
Criteria: - Credentials of the foreign investors/companies 
- Proven experience and expertise in the field 
- Brand image 
- Level of investment  
- Concepts and design of the hotel development   WT/TPR/M/198/Add.1 
Page 18  
 
 Part VI. Performance of Main Sectors, (2) Information Communication Technology Services, 
paragraph 83, page 21:  
The Government Report outlines Mauritius' ICT vision of positioning the country as a Regional ICT 
hub, including doubling the number of foreign investors in the next five years. 
 
13. Could Mauritius clarify the le vel of foreign participation currently allowed in this sector? 
 
Answer: 
Full foreign participation is allowed. 
 14. Does Mauritius intend to bind its current level of openness in Computer and Related Services 
in its GATS commitments?  
Answer: 
Binding the current level of openness in Computer and Related Services will depend on a number of 
factors, namely, the dynamics of ICT development worldwide; development of the ICT sector in 
Mauritius as well as the potential benefits that Mauritius would derive in the current services round. 
 Part VII. Implementation of Uruguay Round Ag reements, Bilateral and Regional Cooperation: 
(1) Challenges and Constraints in Implementing  the Results of the Uruguay Round Agreements: 
paragraph 145, page 30: 
 
Canada notes that according to the Government Re port for Mauritius, "[r]egarding Industrial Property 
Legislation, only the Patents, Industrial Designs  and Trademarks Act 2002 and the Protection against 
Unfair Practices Act have been procla imed, due to capacity constraints". 
 
15. Canada would be grateful if Mauritius could advise whether it is considering requesting 
technical assistance from WIPO or the WTO to enable it to proclaim further Industrial Property Legislation.  
Answer: 
Technical assistance has been obtained from WIPO in  this regard. Consultations are currently being 
held at national level and a decision in th is respect would be taken by June 2008. 
 
JAPAN
 
 
Secretariat  Report (WT/TPR/S/198)  III. TRADE POLICIES AND PRACTICES BY MEASURE 
(2) Measures Affecting Production and Trade 
(iv) Intellectual property rights  
(Question 1: page 72, Table III.17)  
Table III.17 clearly indicates that the number of a pplications and registrations in trademarks is 
extremely higher than that of patents and industrial designs. 
 
Please provide a percentage of applicants’ natio nalities for applications and registrations in 
trademarks, in particular, those applicants’ na tionalities related to such countries as Japan, United 
States, European countries, China and Korea. 
  WT/TPR/M/198/Add.1 
 Page 19 
 
 
 Answer: 
For the year 2007 there has been 1468 applic ations for trademarks out of which: 
 
Japan  2.4% 
US  9.2% China  1.84% 
Korea  0.5% 
EU countries (France 10.2%, UK 5%, Luxembourg 1.1%, Spain 1.02%, Italy 1.02%, Belgium 
0.54%, Sweden 0.27%, Ireland 0.2%, Denmark 0.07%) 
 For the year 2007, 1578 trademark certificates were issued out which: 
 
Japan  2.5% US  15.1% 
China  2.6% 
Korea  0.19%  
EU countries (France 6.9%, UK 5.96%, Luxembourg 0.13%, Spain 0.95%, Italy 1.5%, Belgium 0.9%, 
Sweden 0.32%, Ireland 0.63%, Denmark 0.2%, Portugal 0.2%)  
(iv) Intellectual property rights 
 (Question 2: page 72, paragraph 133) 
 According to the Secretariat report, Customs may detain and seize imports of  pirated or counterfeit 
goods but only if the right holder has registered with Customs. 
 
1. Could Mauritius explain what kind of informati on right holders are obliged to register with 
Customs? For instance, is it right to understand th at the right holder of a trademark should obtain 
solely, a certificate of trademark registration? Or, in addition to a certificate of trademark registration, does the right holder of a trademark need to notif y Customs of the information on importers and 
exporters pursuant to im ported goods concerned? 
 
Answer: 
The Customs Department may suspend the clearan ce of pirated or counterfeit goods only if an 
application for suspension of clearance of goods is made by Right Holder or his authorized user. 
 
An application form duly filled and signed by the Right Holder or his representative must be 
accompanied by the following documents: 
 (a) Certificate of trademark or copyright registration. 
(b) In case of representative, a legal document i. e. Power of Attorney from the Right Holder 
authorizing him to act on his behalf of a particular mark or copyright. 
(c) A statement of the grounds for the application of the prima facie evidence showing that his 
right has been or is likely to be infringed. 
(d) Adequate security in the form of a bank guarant ee to protect the Director General for any 
loss or damage that may incur following the suspension of the clearance of the goods and 
to cover any reasonable expenses likely to be incurred as a result of such suspension. 
 
2. Please indicate whether Customs detain and seize exports of pirated or counterfeit goods. 
 WT/TPR/M/198/Add.1 
Page 20  
 
 Answer: 
Besides import goods, Customs may upon request to that  effect being made in an application; suspend 
the clearance of goods bei ng exported or in transit. 
 
3. Please clarify further regarding the IPR Unit and Anti Piracy Unit of the Police Force, in terms 
of institutional function and actual activity.  Please  provide specific data regarding the number of 
enforcement of pirated or counte rfeit goods, before and after the estab lishment of an IPR Unit and an 
Anti Piracy Unit of the Police Force.  
Answer: 
The IPR Unit of the Customs Depar tment was set up in the year 2004
 in line with the policy of the 
World Customs Organisation (WCO) to enable Customs to take an active part in the fight against counterfeit and piracy.  Once a consignment of suspect ed IPR infringing goods is suspected at the 
borders, the case is forthwith ref erred to the IPR Unit for furth er investigation and in case the 
consignment is confirmed to be in fringing, legal proceedings are in itiated by the Right Holder or his 
representative against the importer or exporter. 
It is to be noted as per the provisions of the law [Section 66A to 66E of Customs Act 1998] that the 
Customs or its IPR unit actually acts at its borders only
.  
 The Anti Piracy Unit (APU) which was set up in 2001
 under the Police Department can enforce the 
provision of the Copyright Act 1997 and the Pa tent, Industrial Design and Trademark Act 2002 for 
IPR goods seized inland . 
 
Seizures by the Anti Piracy Unit of the Police Department 
 Year 2007 Year 2008 Jan to date) 
Counterfeit products 12934 85032 
Pirated CDs/VCDs/DVDs 2991 26081 
 
EUROPEAN COMMUNITIES  
 
I. ECONOMIC ENVIRONMENT 
 
Mauritius' report, page 13, paragraph 35 
 
The report by Mauritius states that one of the objectives of the economic reform programme is 
facilitating employment creation and promoting social equity. 
 1. Could Mauritius give details on the concrete actions/measures taken to achieve this goal?  
 
Answer: 
The main objective of the economic reform programme  is to broaden the circle of opportunities of 
each Mauritian citizen.  Consequently, the empower ment programme was instituted, supported by an 
envelope of Rs 5 billion over five years to unlock oppor tunities (i) for the unemployed, (ii) for those 
recycled from their jobs, (iii) for women, (iv)  for young people entering the labour force and (v) for 
small and medium entrepreneurs.  
 
The implementation of the empowerment progra mme has enabled some 10,000 women retrenched 
from the textile sector to be enlisted for various  employment programmes, some 1,000 unemployed to 
find placement in various organizations due to the success of the placement schemes, the registration 
of some 5,400 small and medium enterprises and the setting up of 826 of these enterprises.   In 
addition, 7 projects are being implemented to improve sourcing and marketing skills, to build  WT/TPR/M/198/Add.1 
 Page 21 
 
 
 capacity in product development and design, to d evelop niche products such as colonial style 
furniture, tourist oriented souven ir products and exotic jewelleries. 
 
In addition, the new Integrated Resort Scheme(a cquisition of residential property by non-citizens) 
regulations makes provisions for a corporate soci al plan where each IRS promoter has a corporate 
social responsibility to provide support to lo cal fishermen, planters and micro enterprises. 
 
2. What are the specific actions that the Governme nt has already taken or plans to take in order 
to alleviate the problems related to child labour?  Answer: There is no child labour in Mauritius 
 
II. TRADE INVESTMENT REGIMES 
(3) Trade policy objectives 
 
WTO Secretariat's report page 17, paragraph 18 and page xi, paragraph 21  
Mauritius has indicated that one of its trade policy ob jectives is to pursue tariff simplification in order 
to transform "Mauritius into a globally competitive economy and to move speedily to a Duty Free 
Island" within three years.  
 
3. How does Mauritius intend to reconcile its plans to become a duty-free island with its 
regional integration agenda with COM ESA (i.e forming a Customs Union)? 
 
Answer: 
Mauritius has embarked on a massive tariff reduction programme since 2005, but it is not yet a duty 
free island.  Moreover, the regional integration age nda of COMESA is wider than just trade in goods.  
Regional integration under COMESA includes trade in services, a Common Investment Area through 
the elimination of barriers to investment flo ws, harmonisation of sanitary and phytosanitary 
measures, trade facilitation among others. We do not  therefore see any contradiction between the 
future plan of Mauritius to become a duty free island and its regional integration agenda. 
 
As far as the COMESA Customs Union per se is c oncerned there is a lot of outstanding work prior to 
its launch. Negotiations are ongoing for the list of  sensitive products for which member states would 
require a longer period of adjustment to the Common External Tariff.  A Ministerial Task Force had 
also approved a standstill clause which would allow me mber states to maintain duty rates which are 
below the CET Rates. It has also been agreed t hat member states not participating in the Customs 
Union should maintain all be nefits of the Free Trade Area. 
 It should also be noted that the process leading to the alignment of national tariffs to the agreed CET 
may be launched in December 2008 but the time frame for the alignment to take place has not been agreed.  Moreover, the establishment of a full fle dge Customs Union in COMESA will take time to 
materialise.  Consequently the priority for M auritius remains the participation of all the COMESA 
Member States in the FTA.  This is not the case so far. 
 
(4) Trade Agreements and Arrangements 
(iii) Preferential Trade Ag reements and Arrangements 
 
Mauritius' report, page 31, paragraphs 152-153 
 
The report notes that Mauritius and India are work ing towards the conclusion of a Comprehensive 
Economic and Partnership Coopera tion Agreement (CECPA). Talks on the Preferential Trading WT/TPR/M/198/Add.1 
Page 22  
 
 Agreement and Economic Cooperation under the CE CPA were completed in August 2006 and the 
PTA is expected to be signed this year. 
 
4. Could Mauritius elaborate on the scope a nd trade coverage of this Agreement?  
 
Answer: The Preferential Trade Area is exp ected to constitute the first step towards a Free Trade Area.  The 
Preferential Trade Agreement is aimed at enhanci ng trade as well as remo ving Non Tariff Barriers 
(NTBs) between the two countries. 
 Liberalisation will cover three categories of tariff lines: 
(i) Tariff lines that would be liberalised immedi ately after the signature of the agreement. 
(ii) Tariff lines which would be liberalised over a period of four years. 
(iii) Tariff lines on which duty would be maintained at a preferential rate. 
 The coverage is about 198 tariff lines for the Maur itian side and some 70 tariff lines for the Indian 
side.  
5. When will this Agreement enter into force?  
Answer: 
The date of signature for the preferential trade Agreement is yet to be finalised. 
 
Mauritius and Pakistan signed a Preferential Trad ing Agreement on 30 July 2007 which came into 
force on 30 November 2007. The report indicates that this  PTA applies to a list of  thrust products that 
constitute a good potential in dynamising trade.  
6. Could Mauritius describe in detail the cu rrent trade coverage of this Agreement? 
 
Answer: The Mauritius-Pakistan Preferentia l Trade Agreement is operational as from 30 November 2007.  
Each side has offered concessions on some 100 tar iff lines which will take place in two phases.  It 
also constitutes the first step to wards the conclusion of a Free Trade Area.  Pakistan has offered 
Mauritius a margin of preference of 50% on the existi ng tariff rate immediately on the entry into force 
of the PTA, for some 64 products.  Tariffs will be brought down to zero in the second year of 
implementation.  Mauritius has offered Pakistan a margin of tar iff preference ranging from 15% to 30% during the 
first year of implementation of the PTA for some 102 tariff lines.  Margin of  preference will increase 
to about 50% - 100% during the second year of implementation of the PTA.  Mauritius' report, page 31, paragraph 155  
The report states that Mauritius is also working to wards the strengthening of its economic and trade 
relationship with the People Republic of China.  Both sides expect to enhance their long existing 
economic ties through an Economic and Trade Cooperation Agreement. 
 7. Could Mauritius elaborate further on the obj ectives and timeline for establishing an Economic 
and Trade Cooperation Agreement with China? 
 
Answer: 
The various initiatives with India, Pakistan, Ch ina demonstrate the commitment of Mauritius to 
diversify its market base and economic relations  as well as promote South South trade.  WT/TPR/M/198/Add.1 
 Page 23 
 
 
 A process of dialogue has already been initiated w ith China.  However the timeline to be established 
for a Economic and Trade Cooperation Agreement has  yet to be agreed with the Chinese side. 
 Annex II.1: AID FOR TRADE  
WTO Secretariat's Report, page 33, paragraph 5 
 
The report states that Mauritius’ AFT requests are based on its national trade development strategy 
based on a ten-year programme announced in the FY 06/07 Budget, which is aimed at opening the 
economy to the rest of the world and implem enting wider economic and social reforms.  
 
8. Could Mauritius elaborate further on the planned social reforms?   
 
Answer: The planned social reforms include:  
 (i) Devising opportunities for the already unemployed and those likely to be made  
  redundant as a result of the restructuring of enterprises and exposure to external    competition, for women and for new entr ants into the labour force through education 
  technical training and re-skilling.   (ii) Encouraging entrepreneurship and impr oving the capacity and competitiveness of 
  S M E s .  
  (iii) Addressing education-related issues wh ich include broadening opportunities for  
  students to have access to tertiary educa tion; support to low performing schools and 
  those with high drop out rates as well as  trying to improve fairness and efficiency of 
  the education system. 
  (iv)  Ensuring a sustainable health care system.  Government has instituted an Empowerment Programme  (EP) to address the above. The EP as such 
features prominently in the overall adjustment progr amme for the Mauritian economy. In this respect, 
it is expected that the unlocking of Aid for Trade funds would complement the initiatives currently 
being deployed by Maur itius in this respect.  
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(2) Measures Directly Affecting Imports 
(ii) Tariffs, other duties and taxes  
 WTO Secretariat's report, page 39, paragraph 19 
 
Government announced its intention to establish a duty -free island within a three years period.  It has 
consequently reduced average tariffs significantly during the fiscal year 2006/7. As stated in the 
report, some 79% of all tariff lines were duty free in 2007. 
 
9. Could Mauritius outline its future plans, if  any, to further reduce its tariff schedules? 
 
Answer: 
As stated in the 2006 Budget, M auritius intends to pursue tariff lib eralization in order to transform 
"Mauritius into a globally competitive economy and to move speedily to a Duty Free Island’. In the 
FY 06/07 budget, duties were cut on several items and re duced to zero on many others.  Tariff peaks 
were reduced and capped from 65% to 30%.  However , in the FY 07/08 Budget, a one year respite in 
further tariff reductions was put in place. This  was mainly motivated by the impact of tariff WT/TPR/M/198/Add.1 
Page 24  
 
 liberalization on domestic industry. In this regard,  Government decided that the respite should be 
used by local institutions (namely Enterprise Maur itius) to assist firms implement restructuring 
programmes and increase their global competitiveness in the face of reduced tariff protection. 
 Moreover, financial provision has been granted by Government to Enterprise Mauritius to support 
enterprises for brand development, innovation, market development, capacity building, product and 
quality improvement, productiv ity improvement and management  and design capacity.   
 In addition, a high-level Public-Public Sector Indus trial Development Task fo rce has recently been 
set up to assess the impact of the above mentioned polic ies as well as guide future assistance. In this 
respect, decisions about future tariff cuts would be  largely influenced by the outcome of the above 
Task Force.  WTO Secretariat's report, page 44, paragraphs 34-37 
 The Secretariat's report underlines that Mauritius trade regime would benefit from increased 
predictability if the gap between a pplied and bound rates were reduced. 
 
10. Does Mauritius intend to reduce the gap between applied and bound rates, and if so, what is 
the planned timeline? 
 
Answer: 
This issue is directly related to the WTO tariff ne gotiations as well as the overall Doha package. In 
this respect, Mauritius will have to take into c onsideration the possible benefits it would derive from 
the negotiations before taking a decision as to how and when to adjust its tariff rates.  
 
(x) Government procurement   
WTO Secretariat's Report, page 57, paragraph 77(footnote 37) 
 
11. What is Mauritius' experience with the first months of implementation and application of the 
Public Procurement Act and does Ma uritius expect any delays in the public procurement processes? 
 
Answer: 
Since the coming into operation of the Central Procurement Board on 18 January 2008, the Board 
has received 50 tenders and there has been no delay in  their processing as Board ‘s approval have 
been given within the respective bid validity period. 
 
12. As the Public Procurement Act 2006 has been proclaimed, which aim is to bring the local 
procurement practices in line with international st andards, when does Maurit ius intend to become 
observer to the WTO Agreement on Government Procurement (GPA)? 
 
Answer: 
The CPB has been set up 2 months ago and is yet to be fully operational.  The status of Mauritius as 
an observer to the WTO Agreement on Government Procurement (GPA)  is still under consideration. 
 
WTO Secretariat's Report, pages 58-59, paragraphs 80-81 
 The report indicates that thresholds for the value of the procurement that are yet to be set.  
 13. When does Mauritius intend to fix thresholds and at which level? 
  WT/TPR/M/198/Add.1 
 Page 25 
 
 
 Answer: 
The fixed thresholds are part of the Public Pr ocurement Act and a copy would be circulated. 
 
14. Which process is used to set up eligibility lists  used in restricted bidding? How often are they 
updated? Are foreign companies allowed to register? 
 
Answer: 
The PPA provides restricted bi dding in the following cases: 
 
(1)(a) where a public body has reason to believe t hat the goods, other services or works are  only 
available from a limited number of bidders; 
 
(b) where the time and cost of considering a large number of bids is disproportionate to the 
value of the procurement, having regard to such thresholds as may be prescribed; or 
 
(c) by limiting the participation in  a particular procurement to those suppliers included on pre- 
approved supplier eligibility lists drawn up and ma intained by the public body, in such manner 
as may be prescribed, so as to ensure that  suppliers of specialised goods and services have and 
maintain the necessary technical and fi nancial capability to provide them. 
 
Where restricted bidding is used  on the ground referred to in (1)(a) above, all known suppliers 
capable of supplying the goods, other servic es or works shall be directly solicited. 
 
Where restricted bidding is used on the ground referred  to in (1)(b) above, the public body shall, 
as far as reasonably possible, directly solicit bids from a minimum of 5 bidders 
 
15. Are invitations to bid or to prequalify publishe d on the internet and if not, are there any plans 
to do so?  
Answer: 
Yes 
 
When using open advertised intern ational bidding, domestic or regi onal goods, services or contractors 
may be granted an advantage or preference in appropriate cases. 
 
16. Could Mauritius elaborate on which are th e "appropriate cases" and under which conditions 
domestic or regional goods, services or contractors may be granted an advantage or preference? 
 Answer: This clause applies when funding for a particular  project is obtained from a donor country and where 
the agreement stipulates for use of regional or dom estic goods or service.  However, since the coming 
into force of the new procurement legislati on, the preference clause has not been used. 
 
WTO Secretariat's Report, page 59, paragraph 82 
 
17. What are the conditions allowing the use of di rect procurement as compared with restricted 
bidding or request for sealed quotations?  
 Answer: Direct procurement is permitted in the following cases:  
(a) where the value of the procuremen t does not exceed the prescribed threshold; 
 WT/TPR/M/198/Add.1 
Page 26  
 
 (b) where only one supplier has the exclusive ri ght to manufacture the goods, carry out the works, 
or perform the services to be procured, and no suitable alternative is available; 
 
(c) within the prescribed limits, for additional deli veries of goods by the original supplier which 
are intended either as partial replacement or  extension for existing goods, services, or 
installations and where a change of supplier would compel the public body to procure equipment 
or services not meeting  requirements of interc hange ability with already existing equipment or 
service; 
 
(d) within the prescribed limits, where additional  works, which were not included in the initial 
contract have, through unforeseeable  circumstan ces, become necessary and the separation of the 
additional works from the initial contract would be  difficult for technical or economic reasons; 
 (e) where the nature of the consultancy services requires that a particular consultant be selected 
due to unique qualifications; or 
 (f) where continuity of consultancy services is essen tial to meet the objectives of the consultancy 
assignment. 
 WTO Secretariat's Report, page 59, paragraph 84  
18. Have any challenges cases occur since th e new Public Procurement Act has been 
implemented? 
 
Answer: 
There has up to now been no challenges. 
 
(3) Measures Affecting Production and Trade (iii) Competition policy and price controls   WTO Secretariat's Report, page 68, paragraph 116  
19. Could Mauritius provide information when the new Competition Bill will be passed by the 
National Assembly and when it is expected to enter into force?  
Answer: 
The Competition Act was passed by the National A ssembly in 2007. Arrangements are being made for 
the implementation of the provisions of the Act. It is expected that the Competition Commission would 
soon be set up and Mauritius is benefiting from the help of UNCTAD in this respect. 
 IV. TRADE POLICIES BY SECTOR  (5) Services  (ii) Telecommunications 
 
WTO Secretariat's report, page 102, paragraph 116 
 
20. Could Mauritius provide info rmation regarding the implementa tion of the Data Protection Act 
of 2004? 
 
Answer: 
The Data Protection Office was set up in August 200 7 through the appointment of the Data Protection 
Commissioner. Regulations have been proposed by th e Commissioner in view of the full proclamation 
of the Act. Amendments have also been proposed  in view of the European Union Directives and of  WT/TPR/M/198/Add.1 
 Page 27 
 
 
 recommendations made in the National ICT St rategic Plan (NICTSP). These amendments are 
currently being considered by the appropriate Mini stries/departments and would be introduced in 
national assembly once finalized.  (iv) Tourism 
 
WTO Secretariat's Report, page 109, paragraphs 103-145 
 
21. Could Mauritius indicate how many people work in the tourism sector and what has been the 
evolution in the last years?  
 
Answer: 
Employment in the tourism sector has witnessed a sustained increase over the period 1997-2007 with 
employment increasing from 15,425 jobs in 1997 to 26,502 jobs in 2007. It would seem that the 
increase has mainly been driven by  increase in employment in restaurants as well as hotels. Over the 
period 1997-2007, employment in hotels increased by 91%.  A more detailed breakdown of figures is 
given below:  
Employment in the tourism industry, 1997-07 
Industrial 
Group 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 
As at 
March 
2007 
Restaurants  1,118 1,389 1,168 1,256 1,269 1,252 1,252 1,719 1,623 1,809 1,973 
Hotels 10,575 11,177 11,835 12,861 14,601 14,601 15,503 16,096 16,853 19,226 20,233 
Travel and Tourism  3,732 3,924 3,232 3,316 3,652 3,652 3,974 4,045 4,137 4,457 4,296 
Total  15,425 16,490 16,235 17,433 19,522 20,729 21,860 22,613 25,377 25,798 26,502 
Source: CSO. 
 
22. How much of the Foreign Direct Investment attr acted by the country in the last years has been 
in the tourism sector?  Answer: The Integrated Resort Scheme is the main sou rce of FDI. As at January 2007, BOI accounted for 
MUR 56 billion as IRS investment. Several IRS projects include hotel components. 
In 2007, 2 hotel projects financed by FDI MUR 2.7 billion were in construction and are expected to start operations in 2008. 
 
23. Could Mauritius provide us with additional in formation about their existing plans to promote 
the tourism sector, and what measures the governme nt is taking to ensure non-discrimination of 
foreign services suppliers?  Answer: In 2002, Ministry of Tourism has commissione d a Tourism Development Plan which recommended 
several actions to be taken cross- sectors to achieve sustainable d evelopment with a vision towards 
2020. With the target set by Government to atta in 2 million tourists by  2015, a Tourism Sector 
Strategy is expected to be finalised by June 2008. WT/TPR/M/198/Add.1 
Page 28  
 
 Regarding marketing strategies, the Mauritius Touris m Promotion Agency is fully involved in the 
marketing and promotion of the island internationa lly. There are 6 offices in various parts of the 
world namely South Africa, Europe and India to present and sell the destination through fairs and 
exhibitions. The MTPA and the Ministry of Tourism and Leisure can outline the perspective of growth 
of the tourist arrivals and the industry in short , medium and longer terms.  
 
24. Does Mauritius have any plans for improving professional education and training related to 
the tourism sector? If so, please elaborate on these plans.  
Answer: 
The Government is keen on the education and traini ng of personnel for the hotel sector.  The hotel 
school at Ebène now called Ecole Hôtelière Sir Gaëtan Duval has been established since 1971. Since year 2000 to date the hotel school has trained an average of 1200 part-time trainees per year, 275 
full-time trainees as well as 600 trainees for Appren ticeship Programmes. The ultimate objective is to 
train employees in hotel operations and management  to cater for the exigency of service excellence 
required by hotels.   Three new antennas have been inaugurated across the country to meet the 
requirements for new hotels and IRS projects where Apprenticeship Programme s are currently being 
run.  Secondary schools have recently introduced Tourism and Hospitality subjects which can be further 
followed at tertiary level.  
 
The University of Mauritius (UOM) offers Travel and Tourism subjects.  With growing number of hotels, the supply of hi gh competence employees must meet the demand of 
our hotels. Hence, private training institutions are encouraged 
 
25. What is Mauritius' assessment of the effect of the tourism sector in overall economic growth 
and employment, and, in particular , in other economic sectors like construction, transport, computer 
services, education and professional training?  
Answer: 
The contribution of the hotels and restaurant sector to GDP was 9.2% for 2007 as compared to 6.9% 
in 1999. Moreover, the sector witnessed a sectoral  real growth rate of 13.1% for the year 2007. 
 The development of the tourism sector has had a number of positive spill-over effects namely on the following: 
 
o Air access policy 
o Social Community Development 
o Development and maintenance of Tourism Infrastructure, 
o Human Resource Development  
o Leisure and Events  
o Welfare of employees in the tourism sector. 
o Regional cooperation  
o Representations in international organisations  
 
26. Could Mauritius inform us about the existi ng legislation applicable to tour managers 
(professionals accompanying groups of tourists in their travel through the country) and tourist guides? 
Does the government of Mauritius intend to reduce or  eliminate discrimination of foreign services 
suppliers in these fields? 
  WT/TPR/M/198/Add.1 
 Page 29 
 
 
 Answer: 
On 27 December 2006, the Tourism Authority Act 2006 has  been enacted taking effect as from 1 May 
2007.  It outlines the regulations for to ur managers as well as tourist guides.  
 
The Government of Mauritius has allowed foreign invest ment as from August 2005 in Travel Agencies 
and Tour Operators services. However the following should be noted:  
 
(i) rental of contract car businesses being reserved only for Mauritian nationals; 
(ii) project value being a minimum of Rs 5m except for tour operators operating in niche 
markets; and the minimum employment criteria being established 
 
27. Could Mauritius inform us whether hotel ser vices suppliers willing to develop new hotels and 
related facilities can use the services of the construc tion companies of their choice, including, without 
application of discriminatory measures, cons truction companies from other WTO Members?  
 Answer: Government does not discriminate on the choice of construction companies. Foreign companies are present and are allowed to provide such services in the development of new hotels and related 
facilities.  Other services 
 28. Could Mauritius elaborate on the legislati on applicable to the following activities and the 
measures the government is taking to ensure non-discrimination of foreign services suppliers? 
 
- Retail distribution services 
- Computer-related services 
- Management consulting - Services related to management consulting 
 
Answer: 
Retail Distribution Services
 
 
• Fair Trading Act  
• Consumer Protection Act  
• Legal Metrology Act  
 Computer Related Services
 
 
• Copyright Act  
• Electronic Transactions Act  
• Information Communication Technology Act  
• Computer Misuse and Cybercrime Act  
• Data Protection Act  
 Management consulting and services rel ated to management consulting
 
 
• No specific legislation except for Compani es Act 2001 with respect to Accountants 
 Question 13 (Annex) 
 
Fixed thresholds for Public Procurement WT/TPR/M/198/Add.1 
Page 30  
 
 The threshold has been fixed and is part of the sch edule to the PPA (Public Procurement Act).  An 
extract of the schedule is below:- 
 
SCHEDULE 
(section 2) 
 
SCHEDULE 
(section 2) 
Column 1    Column 2   Column 3 Public body    Type of contract   Prescribed amount 
 
PART I 
Ministries/Government/  All Contracts   Rs 5 million 
Departments 
 
PART II 
Local Authorities   All Contracts    Rs 5 million   
Rodrigues Regional   All Contracts    Rs 5 million Assembly 
Mauritius Qualifications  All Contracts    Rs 5 million 
Authority  
PART III 
 
Goods, Civil   Rs 10 million 
Engineering Works & Capital Goods 
Consultancy Services  Rs 5 million 
                Other Services.    Rs 10 million 
 
Agricultural Marketing Board 
Beach Authority Farmer's Se rvice Corporation 
Financial Services Commission 
Industrial & Vocational Training Board Irrigation Authority 
Mahatma Gandhi Institute 
Mauritius College of the Air Mauritius Educational Development Company Ltd 
Mauritius Film Devel opment Corporation 
Mauritius Examinations Syndicate Mauritius Institute of Health 
Mauritius Meat Authority 
Mauritius Oceanography Institute 
Mauritius Standards Bureau 
Mauritius Tourism Promotion Authority 
National Computer Board 
Outer Islands Development Corporation 
Private Secondary Schools 
Authority Public Officers Welfare Council  WT/TPR/M/198/Add.1 
 Page 31 
 
 
 Rodrigues Educational Development 
Company Ltd Road Development Authority 
Sir Seewoosagur Ramgoolam 
Botanic Garden Trust Small Enterprises and Handicraft 
Development Authority 
Sugar Industry Labour Welfare Fund 
Sugar Planter’s Mechanical Pool 
Corporation Tea Board 
Tertiary Education Commission 
Tourism Authority University of Mauritius 
University of Technology 
Mauritius 
PART IV 
 
Goods, Civil   Rs 25 million   
 Engineering Works & 
Capital Goods 
Consultancy Services  Rs 5 million Other Services                          Rs 10 million 
 
Airports of Mauritius Ltd 
Cargo Handling Corporation Ltd 
Central Electricity Board Central Water Authority 
Development Bank of Mauritius Ltd 
Enterprise Mauritius Information and Communication 
Technologies Authority 
Mauritius Broadcasting Corporation 
Mauritius Freeport Authority 
Mauritius Housing Company Ltd Mauritius Ports Authority 
Mauritius Shipping Corporation Ltd 
Mauritius Sugar Authority National Housing Development 
Company Ltd 
National Transport Corporation State Informatics Ltd 
State Investment Corporation Limited 
State Property Development Company Ltd 
State Trading Corporation 
Waste Water Management Authority 
 WT/TPR/M/198/Add.1 
Page 32  
 
 HONG KONG; CHINA
 
 
Tariff  
WT/TPR/S/198, page 35, paragra ph 1; and page 39, paragraph 18 
 
1. We note from the Secretariat Report the use of specific duties increased drastically from only 
two tariff lines in 2001 to 5.9% of Mauritius’ total tariff lines in 2007.  We are interested to know the reason for this change. 
 
Answer: 
The 2005 budget had eliminated duties on apparel and this had a number of repercussions on local 
manufacturers.  Following representations made by the private sector, government introduced 
specific duties on apparel as  a temporary measure. 
 
Contingency Trade Remedies 
 WT/TPR/S/198, page 51, paragraph 53 
 
2. It is noted that the trade remedies legislation of Mauritius was first drafted in 2001.  Yet, the 
bill (or its later version) has not been passed into law at the time of writing of the TPR reports.  We 
are interested in knowing the reasons for the long period of time taken.  Are they attributable to the 
trade remedies themselves or for reasons beyond trade?  Separately, does the Mauritian Government 
envisage many requests from the industries for inves tigations after the passage of the legislation?  
 
Answer: 
The trade remedies legislation has taken quite long to be finalised mainly due to the fact that it is a 
complicated piece of legislation and a highly tec hnical one too. Capacity Constraints have therefore 
been a major hurdle which as significantly delayed the adoption of the trade remedies legislation. 
It is difficult at this stage to anticipate the number of  requests from local industry after the passage of 
the legislation. 
 Competition 
 
WT/TPR/S/198, page 68, paragraphs 116 and 118 
 
3. We note from the Secretariat Report that accord ing to a research undertaken by Mauritius, 
anti-competitive practices, in particular collective pr ice fixing, are widespread in Mauritius.  Besides, 
there are increasing concerns about market concen tration in a number of subsectors.  We are 
interested to know in what ways such anti- competitive practices could be addressed by the new 
competition bill.  Answer: The Competition Act 2007 provides for the prohib ition and review of anti-competitive practices in 
Mauritius. The drafting, prepara tion and promulgation of guidelines and procedural rules which are 
key instruments in the implementa tion of the Competition Act 2007 of Mauritius will address the issue 
of anti-competitive practices in the country. UNCTAD  has agreed to provide technical assistance on 
this matter. 
  WT/TPR/M/198/Add.1 
 Page 33 
 
 
 MFN Exemptions in the Financial Services Sector 
 WT/TPR/S/198, page xi, paragraph 18; page 96, paragraph 90 
 
4. As reflected in the Secretariat Report, Mauritiu s maintains, on reciprocity grounds, an MFN 
exemption on the financial services sector so as to enhance access to foreign financial markets by Mauritian financial service suppliers.  We note  from Mauritius’ "List of Article II (MFN) 
Exemptions" that the intended duration for the subj ect exemption is "10 years", which should have 
been lapsed by now.  Could we expect Mauritius to remove this lapsed exemption in its next services 
offer?  
Answer: 
It is understood that our MFN Exemptions would automatically cease once the WTO takes a formal 
decision about when the MFN Exemptions actually lapse. 
 COLOMBIA
 
 
1. Like Mauritius, Colombia’s sugar exports are la rge, it has interest in biofuels and it is 
currently affected by high oil prices.  We read atte ntively paragraph 24 Section IV of the Secretariat’s 
report.  We also learned about your Multi – Annual  Adaptation Strategy.  Colombia would like to 
have more information on Mauritius’ experience and outlook for this sector, especially regarding 
biofuels.  
Answer: 
With the reform of the EU Sugar regime and the sub sequent dismantlement of the Sugar Protocol by 
October 2009, the objective of the Government fo r the Sugar industry is to propose an accelerated 
action plan (i.e. the Multi Annual Adaptation Stra tegy Plan 2006-15). The MAAS aims at further 
rationalising and integrating the sugar sector by  its conversion into major clusters having the 
capacity to tap to the fullest potential the country’ s sugar cane biomass resource, converting it into 
the most economically viable and sustainable production mix, consisting mainly of sugars, electricity 
and ethanol.  
 The plan calls for, amongst others, centralisation of sugar factories, regrouping of small planters, right-sizing of human resources through a Volunt ary Retirement Scheme, extension of field 
mechanisation through land derocking and preparatio n, and the production of electricity and ethanol 
from the cane biomass. 
 The core objectives of the plan are therefore to:  
(i) further modernize and diversify the sector with  a view to transforming it into a more cost-
efficient and competitive sugar cane cluster ge ared towards the production of raw, white, 
industrial and special sugars; 
(ii) production of electricity from bagasse/coal and ethanol from molasses.  
 This would help the country to reduce the country’ s dependency on imported fossil fuels and on oil in 
particular while continuing to fulfill our  commitments with respect to exports. 
 
As stated in our response to Brazil, government is  currently finalizing a coherent energy policy, fully 
integrating the role of the sugarcane clust er and ethanol development on the basis of economic, 
financial and environmental analyses. Ethanol is ne w to the vast majority of car owners, car 
importers and garages in this country and its introduc tion should be undertaken in a prudent manner. 
The time frame required to go ahead with the use of ethanol in a particular blending mix, even if it is WT/TPR/M/198/Add.1 
Page 34  
 
 E10, should be based after all technical, financi al, environmental, legal and logistics aspects have 
been addressed. There is also need to gauge the awareness and perception of  the general public 
regarding biofuels. 
 
2. We learned that Mauritius’ economic developm ent strategies are now less dependent on trade 
preferences, but rather on the gl obal competitiveness of local pr oducts, which is to be achieved 
through, among others, the reduc tion of production costs, enforced competition, increased public 
investment in infrastructure, and education and trai ning (paragraph 18 Section II of the Secretariat’s 
report).  Colombia would like to  know more about Mauritius’ outl ook and industrial and trade policy 
regarding its textile and apparel industries. 
 
Answer: 
Trade preferences have played and continue to play  a key role in the development of the textile and 
clothing sector. The erosion of trade preferences coupled with the dismantling of the Multi Fibre Arrangement have had a devastating impact on the sector.. 
 
With a view to coping with these challenges, governme nt has put in place a series of measures to help 
enterprises become more  competitive. Those measures have revolved around: 
 
• Enterprise restructuring and process engineering 
• Improving response time 
• Product diversification 
• Market diversification 
• Design Capability Development and 
• Promoting vertical integration of the sector. 
 
As a result of the measures taken and actions of enterprises, the sector has witnessed a turnaround in 
2006. The positive trends recorded in  exports and export growth is expec ted to be maintained in the 
years to come. 
 
3. Paragraph 69 Section II of the Secretariat’s report indicates that Mauritius modified its 
foreign investment promotion strategy from granting numerous and overlapping incentives towards 
one based on a low-tax regime and targeted promotion of projects.  It also states that the new strategy 
involved the creation of a unique brand identity for Mauritius, instead of targeting sectors individually 
through their respective promotion agencies.  Likewise,  it states that steps have also been taken to 
facilitate investment procedures, as well as acquis ition of properties by foreigners and that Freeport 
and Real Estate Schemes have been introduced.  Co lombia would like to learn more about Mauritius’ 
foreign direct investment promotion policies and measures. 
 
Answer: 
Investment promotion for Mauritius is led by  the Mauritius Board of Investment (BOI). 
In 2006, the government announced a policy of greater openness to the world.  In  order to ensure this 
openness, the Business Facilitation Act was enacted in  2006.  One of the main components of the 
policy was the removal of incenti ves based promotion for investment. 
 As such now, our investment promotion is  strongly centered three main elements: 
1. the ease of doing business; 
2. the work and live environment; and  
3. the global business platform. 
 
Mauritius has also successfully positioned itself as a competitiv e global business platform and a 
gateway for Africa.  Moreover, it is worth notin g that Mauritius ranks first in Doing Business in  WT/TPR/M/198/Add.1 
 Page 35 
 
 
 Africa and 27th world wide.  Mauritius has also announced its  ambition to be in the top ten countries 
in the doing business indicators.  Hence our investment policies and measures are all ai med towards improving these factors.  This is 
being done through a very strong partnership with the different stakeholders both private and public. 
Particular attention is being br ought to improving the business clim ate in Mauritius.  Two of the 
measures that have been most important in attracting investment to Mauritius are that: 
1. Businesses may be set up in Mauritius within 3 working days; and 
2. An occupation permit which is a combined  work and residence permit may be obtained 
within 3 working days. 
 
Moreover as a policy, the BOI provides a free- of-charge range of services including inter alia: 
• Counseling on investment opportunities in Mauritius  
• Providing  tailor made information for the setting up of a business in Mauritius  
• Organization of customized meetings and visits   
• Identification of   joint venture partners   
• Assistance with site locations and production facilities 
• Assistance for occupation permits, licenses and clearances 
 
4. Like Mauritius, Colombia has a large interest in tourism and tourism – related services.  
Could Mauritius highlight problems faced by you wh en attracting tourists and how you are planning 
to overcome such problems?  We would also like to have more information regarding the 
development of your financial services sector.  
Answer: 
Tourism Sector 
 
Problems faced  Ways to address issues 
Air access Gradual air access liberalisation 
Accessibility  National airline carrier has  established new routes to facilitate 
travel.  
Room capacity  Implementation of a new Hotel Development Policy  
Hotel projects kept in abeyance have been encouraged through monitoring at the level of the Ministry  
Airport infrastructure Modernization and expansion of the airport  
(works have started and are expected to complete by  2009) 
Technology  Reinforce internet pres ence .Development of  an interactive 
website. Modernise the system for data compilation 
Security  Introduction of the  Tourism Police 
Monitoring and strengthening of security measures in hotel, guesthouses and tourists accommodation   
 
Financial Services The Financial Services Commission (FSC) license s, regulates, and supervises non-bank financial 
institutions in Mauritius. The non-bank financial sect or includes institutions involved in insurance 
and pensions, capital market op erations, leasing, and credit finance as well as global business 
activities. The banking sector is regul ated by the Bank of Mauritius. 
 
The Financial Services Development Act 2001 provid ed for the establishment of the Financial 
Services Commission.  This Act has now been replaced by the Financial Services Act 2007, which 
provides the FSC with greater regulatory powers.  Amongst other matters, it provides greater ability 
to undertake on-site inspections, to obtain informa tion, and to apply administrative penalties.  The Act 
also establishes an Enforcement Committee and a Financ ial Services Review Panel.  The Act allows 
for sanctions to be imposed in instances of non compliance relating to the World Bank/IMF Anti 
Money Laundering and Combating the Financing of Terrorism issues in respect of institutions and individuals.  WT/TPR/M/198/Add.1 
Page 36  
 
 The Stock Exchange Act 1988 and the Unit Trust Act 1989 were replaced by the Securities Act 2005. 
The new Act establishes a framework for the regul ation of securities markets, market participants, 
and self-regulatory organizations and the offering a nd trading of securities.  One of the principal 
aims of the Securities Act 2005 is to implement th e Objectives and Principles of the International 
Organization of Securities Commissions.   Under the new Act, no person shall establish, operate or 
maintain a securities exchange without a license from  the FSC. It must also be satisfied that the 
applicant has adequate rules or systems for handling con flicts between the commercial interests of the 
applicant and the need for the exchange to ensure that it operates fairly, transparently, and in an 
orderly way; monitoring the conduct of participants on,  or in relation to the exchange; and enforcing 
compliance with the operati ng rules of the market.  
 
The Insurance Act 2005, which came into effect in 2007, replaced the Insurance Act 1987.  One of the 
aims of the new Act is to implement the Insurance Core Principles of the International Association of 
Insurance Supervisors.  It establis hes a framework for the regulation and supervision of the insurance 
business.  It also provides for the licensing of insurers and other insurance operators, and for the 
registration of insurance salespers ons and other insurance professionals 
 
UNITED STATES
 
 
II. TRADE AND INVESTMENT REGIMES 
(5) Foreign Investment Regime 
 
Page 29, paragraph 69 :  What procedures do the Business Re gistration and the Business Facilitation 
(Miscellaneous Provisions) Acts facilitate? Where are the implementing rules and/or regulations promulgated under these Acts published?  
 
Answer: 
The Business Facilitation Act provides for a lega l framework which allows businesses to start 
operations on the basis of self-adherence to co mprehensive and clear guidelines and the authorities 
to check for compliance by exercising ex post control, facilitate doing of business and acquisition of properties by foreigners and enable small enterp rises to start their business activities within 3 
working days. 
 
The company registration process was cumbersome and it took too long and involved more than 3 
different agencies. For building and construction permits, the process of submitting design plans for 
approval took more than 3 months due to the ap proval requirements of local authorities and an 
additional 3 months to secure the construction permit.  
 
The Business Facilitation puts into concrete actions the policies of the government by creating a more 
conducive business environment for doing business in M auritius, by improving the investment climate 
to world standards and boosting investment which is  critical to create jobs, promote employment and 
return to high growth.   
Under the Business Facilitation Act, the follo wing legislations have been amended:  
1. Building Act  2.  Business Registration Act  3.  Companies Act  4.  Immigration Act  
5.  Investment Promotion Act  
6. Local Government Act  7 Non-Citizens (Employment Restriction) Act  8. Non-Citizens (Property Restriction) Act  9. Registration Duty Act   WT/TPR/M/198/Add.1 
 Page 37 
 
 
 10.  Sugar Industry Efficiency Act  
11 Town and Country Planning Act   Amendments to the Immigration Act & Non-Citizens( Employment Restriction) Act provide for Work 
and Residence permits to be combined into a si ngle “occupation permit” for investors generating 
more than Rs 3  million annual turnover, for professi onals being offered employment with a monthly 
salary of more than Rs 30,000 and for self empl oyed professional generating annual income of 
Rs 600,000.   Provisions have also been made in this Act for the issuance of the occupation permit by the 
Immigration Office within 3 working days. BOI is  now responsible to screen the application within 
one working day and submit the application to a de dicated desk at the Passport and Immigration 
Office which issues an acknowledgement receipt within  the same day. The PIO is required to provide 
its clearance or rejection within two working days fo llowing the submission of the application by BOI.  
 
A silent agreement principle applies if no reply has been obtained whereby the acknowledgement 
receipt is deemed to be the approval. Amendments to the Investment Promotion Act amend th e legislative framework for the BOI to be able 
to better facilitate and promote investment.  The amendments to the Local Government Act 2003 makes provision for the establishment of a Permit 
and Business Monitoring Committee, provides for func tions of such committees and the granting of a 
single planning and building permit. The purpose of the amendments is to refine the legislative framework within which local authorities operate to reflect recent policy decisions, to clarify existing 
provisions, to do away with the municipal license and to improve the effectiveness of regulatory tools.  
 
In conformity with the provisions of the Busi ness Facilitation (Miscellaneous Provisions) Act, the 
Eighth Schedule to the Local Government Act was am ended to reduce the number of classified trades 
from 706 to 186 with a view to streamlining the va st array of trades into three main clusters and to 
harmonising the fees being claimed for the d ifferent trades by different local authorities. 
 Moreover under this Act, economic activities have b een clustered into three main categories, viz., 
services, commercial and industrial. Certain activities wh ich cannot be specifically categorized within 
any of these three clusters have been classified as su i generis or “standing on their own”. Henceforth, 
a change of economic activity within the same cl uster would not require a fresh Building and Land 
Use Permit.  
Moreover the Building Permit and the Development Permit have been merged into one single 
Building and Land Use Permit.  The Building and Land Use Permit is issued within three working days of effective date of application 
in cases of small enterprises, or, handicraft enterprises falling under the Small Enterprises and 
Handicraft Development Authority Act 2005. 
 
One of the goals for the setting up of a Permits and Business Monitoring Committee at the level of the Local Authority is to enable the issue of a Bu ilding and Land Use Permit within two weeks of the 
effective date of application.  
The Non-Citizen (Property Restriction) Act has been amended to extend the derogation for non 
citizens, under the IRS scheme, to acquire in add ition to villas, apartment or penthouse within the 
value criterion of USD 500,000. It also provides fo r investors to acquire immovable property for their 
business purposes and gives the right to an investor or self employed, or non citizen retirees who have 
been granted the status of permanent residence to  acquire immovable property for use as residence.  WT/TPR/M/198/Add.1 
Page 38  
 
 With the principle that data should move instead of people, provisions are made in this Act for 
amendments to the Business Registration Act to pr oviding online access to records of businesses from 
the Registrar of Businesses to BOI, SEHDA, local authorities, MRA and Ministry of Social Security. 
Removing at the same time the obligation under the Companies Act to reserve a name prior to 
incorporation thus facilitating incorporation of  companies in a much shorter time frame; 
 
A number of changes have been introduced in the Bu siness Facilitation Act to help further improve 
the applications, processing and issuance of the pl anning and building permit within 2 weeks of the 
effective date of receipt of the application.   Th e Business Facilitation Act also makes provision to 
bring to an end the long unproductive consultations  requirements around the issuance of a permit. 
The Act has removed the curren t requirements for a Trade License and replaced then with a 
simplified local authority fee.  
 
Page 31, paragraph 76
:  According to the report, "direct ow nership by foreigners of an onshore 
Mauritian company, or part of it, requires authorization from the Prime Minister."  What is the 
procedure and time frame for obtaining such author ization?  How does Mauritius determine whether 
the company in question is in competition with Ma uritian-owned companies?  What effect does that 
determination have on the Prime Mi nister’s approval of ownership?  
 
Answer: Acquisition of Property by non-citizens under:-
 
 
The Business Facilitation (Miscellaneous Provisions) Act 2006  
 Under the Business Facilitation (Miscellaneous Provis ions) Act 2006, the Board of Investment issues 
the required authorization for purchase of property fo r industrial purposes.  (See attached document). 
 
1. The Non-citizens (Property Restriction Act)
 
 
(a) Prime Minister’s authorization is not  required for non-citizens to acquire shares in 
locally-incorporated companies which do not own immovable property. 
(b) For acquisition of shares  by non-citizens in locally-incorporated companies which hold 
immovable property, the procedures and time frame are as follows:- 
(i) a complete application should be subm itted to the Prime Minister’s Office 
with all documents required in support thereof; 
(ii) a Valuation Certificate, in case s hares are acquired above nominal value 
(iii) Consultations are made with BOARD OF INVESTMENT and, where 
appropriate, with Sectoral Ministries on the application. 
(c) Time Frame: 1-3 weeks as from receipt of complete dossier. 
 Hoes does Mauritius determine whether the company in question is in competition with Mauritian 
owned companies?  
 No formal procedures exist for determining whether the foreign companies are in competition 
with Mauritian owned companies. Please note that  Mauritius has enacted competition legislation 
(Competition Act 2007) which has not yet been proclaimed. 
 What effect does that determination have on the Prime Minister’s approval of ownership? 
 
 Not applicable 
  WT/TPR/M/198/Add.1 
 Page 39 
 
 
 ANNEX 
 
ACQUISITION OF PROPERTY BY NON-CITIZEN UNDER THE NON-CITIZENS (PROPERTY 
RESTRICTION) ACT FOR BUSINESS PURPOSES  
  
 
Under the Non-Citizens (Property R estriction) Act, a non-citizen c annot hold or purchase or acquire 
an immovable property in Mauritius unless he gets the approval to acquire the property from the 
Prime Minister’s Office. With the promulgati on of the Business Facilitation (Miscellaneous 
Provisions) Act 2006, where an immovable propert y is acquired by a non-citizen for business 
purposes, an investor who is registered with the Board of Investment (BOI) requires an authorisation 
from the BOI.   An investor is a person who is carrying on or  who intends to carry out an economic activity 
generating an annual turnover exceeding MUR 3 m illion in Mauritius. An investor cannot purchase 
any immovable property in his/her own name. An immovable property or part of a building can only 
be registered and transcribed in the name of a company incorporated in Mauritius under the 
Companies Act 2001.  For the processing of application, “business purpos es” means the acquisition of property by non-
citizens for: 
 
(a) the development of high activity commercial use building including, but not limited to, 
shopping mall, office building or wareh ouse, for sale, rental or lease;  
(b) the development of residential properties deve loped under the Integrated Resort Scheme 
for large landowners; and 
(c) any other activity carried out for reward, gain or profit but excluding – 
a. the acquisition for resale or lease or rental of any bare land or serviced land; or  
b. the acquisition of immovable property to be used as apartments, guesthouses, 
penthouses, villas, flat, tenement or similar properties to be used or available for use 
as residence except where they a re developed under the Integrated Resort Scheme for 
large landowners or Real Estate Sche me for small landowners as prescribed under 
the Real Estate Development Scheme.  
 An investor thus intending to acquire a property mu st submit an application form duly filled in to BOI 
with the following supporting documents:  
1. a statement listing the reasons for wh ich the application is being made,  
2. a presale agreement (compromis de vente) between the vendor and buyer drawn up by a 
Notary Public of the Republic of Mauritius,  
3. a site plan from a sworn land surveyor showing the extent and precise location of the 
property;  
4. a valuation report of the immovable pr operty from a  valuation surveyor,  
5. a bank attestation that a bank account has been opened by the company acquiring the 
immovable property where fund shall be trans ferred to the account for the purpose of 
acquiring the immovable property.   
 After determination of an application and approval granted by the Board, an authorisation is issued 
by the Board of Investment within a week from s ubmission of a complete application authorizing the 
foreign-controlled company to acqui re the immovable property. An aut horisation is generally issued 
subject to the following terms and conditions:  WT/TPR/M/198/Add.1 
Page 40  
 
 a. The immovable property, the right to immovable property or part of a building must be used 
exclusively for the business of the company and any  of its related economic activity as per its 
business registration card.  
b. The foreign-controlled company cannot transfer or use the property for purposes other than 
those specified in the approval without prio r clearance of the Board of Investment.  
c. The foreign-controlled company cannot dispose of  the property within three years from date 
of acquisition and thereafter at any time without prior approval from BOI.  
 
The BOI at all times tries to ensure that the foreign-controlled company does not engage in any form of property speculation whatsoever 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE (2) Measures Directly Affecting Importers (vi) Import prohibitions, restrictions and licensing 
 Page 48, Table III.6
:  Table III.6 lists the goods that Mauritius prohibits from importation.  Does 
Mauritius also prohibit the domestic sale of these products?  Do Mauritian companies manufacture any of these products domestically?    
Answer: 
Mauritius prohibits the domestic sale of all th ese products, except for diamonds, logs and timber 
products (from Liberia) and remoul ded, recapped or re-grooved motor vehicle tyres. The reasons for 
prohibiting importation of these products as outlined in the report essentially relate to international 
obligations, security to life, health hazards and prevention of deceptive practices. The three products 
mentioned above are produced in Mauritius. 
 
(4) Measures Affecting Production and Trade (iv) Intellectual property rights 
 
Page 70, paragraph 124
:  The Secretariat’s Report states: “[T]he economic rights relating to the work 
of an author are protected during his lifetime . . . plus 50 years thereafter.  Protection is for . . . 25 years for photographic works and 50 years for other rights.”  What rights does the Mauritian 
government protect for a term of only 50 years, without reference to the life of the author?  
 
Answer: 
The existing Copyright Act 1997 of Mauritius prot ects the work of an author during his lifetime and 
50years thereafter. Other rights like photographic righ ts are protected "until the expiry of 25 years 
from the making of the work". The Copyright Act also protects the moral rights of the author for 
50 years after death. 
 
Moreover the Copyright Act also extends protec tion to neighbouring rights, namely those of 
performers and producers of phonograms and publisher of sound recordings. The rights of the 
performers and producers of phonograms are protected for50 years from the end of the year in which 
the performance took place. The rights of the publis her of the sound recording are also protected for 
50 years from date of publication.  Moreover there are currently national consultations w ith a view to amending the Copyright Act so as 
to incorporate the provisions of the WCT (W IPO Copyright Treaty) and WPPT (WIPO Performers 
and Producers of Phonograms Treaty). 
 
Page 71, paragraph 129:  Wh en does Mauritius expect its 
Geographical Indications Act 2002 to enter 
into force? Please clarify whether trademarks in Mauritius would be protected from confusingly 
similar and later in time geographical indications und er this pending legislation.  Please confirm that  WT/TPR/M/198/Add.1 
 Page 41 
 
 
 the grounds for refusing protection, for opposing a GI  application and for cancelling a GI registration 
include that a prior existing trademark is confusingly similar to a later in time geographical indication.  
 
Answer: There are currently ongoing consu ltations with respect to an integrated approach to industrial 
property legislation i.e one piece of legislation covering  all areas of industrial property.  That is also 
one of the main reasons as to why government is  not proclaiming the remaining industrial property 
legislation.  
 
Page 72, paragraph 133
: The Secretariat states that: “[A]n IPR Un it has been established to help rights 
holders.  In 2001, an Anti Piracy Unit of the Poli ce Force was set up with the aim of combating piracy 
and promoting and enforcing the co pyright and trademark legislation.”    Please provide greater detail 
on how these Units help rights holders and promote and enforce the copyright laws.  Are the IPR and 
Anti Piracy Units in fact the same unit?  If not, do  they collaborate and coordinate with each other?  
Do they conduct raids (including ex officio actions)?   If so, please provide information on how many 
raids have been conducted and the results of these raids, including any arrests and prosecutions.   
 
Answer: 
The IPR Unit of the Customs Depar tment was set up in the year 2004  in line with the policy of the 
World Customs Organisation (WCO) to enable Customs to take an active part in the fight against counterfeit and piracy. The jurisdiction of the IPR Unit is customs border only. The Customs 
Department may suspend the clearance of pirated or counterfeit goods only if an application for 
suspension of clearance of goods is made by Right Holder or his authorized user. 
 
Details of seizures by the IPR Unit for the years 2007 and 2008 are given hereunder 
Year No. of Seizures Quantity Seized 
2007 35 5147 
2008 (January to date)  26 6326 
 
The Anti Piracy Unit (APU) which was set up in 2001  under the Police Department can enforce the 
provision of the Copyright Act 1997 and the Pa tent, Industrial Design and Trademark Act 2002 for 
IPR goods seized inland . Hence the jurisdiction of the APU is inland control. The APU do conduct 
raids after complaints a re registered. However, the APU requires a search warrant from a magistrate 
in Chambers. Infringers can be arrested during raids.  
Seizures by the APU 
 Year 2007 Year 2008 (January to date) 
Counterfeit products 12934 2991 
Pirated CDs/VCDs/DVDs 85032 26081 
 
Both units do share information.   
Page 72, paragraph 133:
  Does Customs have authority to take action on infringing exports?  Is the 
Mauritian government contemplating fu ture amendments to the customs code in order to extend ex 
officio authority for Customs officers? 
 
Answer: 
At present, the Customs Department may suspend the clearance of pira ted or counterfeit goods only if 
an application for suspension of clearance of goods is  made by Right Holder or his authorized user as 
per Section 66A of the Customs Act 1988. 
 WT/TPR/M/198/Add.1 
Page 42  
 
 However, the Mauritian Government is considering am endments to existing legislation to extend ex-
officio authority for Customs. This might be inco rporated in the context of our revised industrial 
property legislation. 
 
(ix) Health, sanitary, phytosanitary, and environmental protection measures 
 
Page 55, paragraph 66
:  The United States appreciates the el even SPS WTO notifications already 
submitted by Mauritius.  When does Mauritius  plan to notify the WTO  regarding the regulations referenced in paragraph 66?   (S pecifically, regulations on Veterinary Services, the Seed Bill, the 
Plant Breeder’s Rights Bill, the Animal Health Bill, and modification of both the Dangerous 
Chemicals Control Act 2004, and the Gene tically Modified Organism Act 2004.)  
 
Answer: 
The GMO Act (2002) has been partly proclaimed. Th e regulations with respect to the enforcement of 
this Act have been sent to the State Law Office fo r vetting. The Government is still working out the 
Seed Bill and the Plant Breeder’s Right Bill. The Ve terinary Services (Duties & Powers) bill has been 
modified to the “Animal Protection and Health to cater for updated requirements set out by the OIE 
and to be in line with requirements on export markets. There have been no modifications to the 
Dangerous Chemical Act 2004 sin ce its proclamation in 2004. 
 
IV. TRADE POLICIES BY SECTOR (5) S
ERVICES  
(i) Overview 
 
Page 96, paragraph 88:  The Secretariat notes that the Mauritian regime for services is more liberal 
than its current GATS commitments.  Will the Ma uritian government’s next GATS offer reflect the 
current level of market access?  
Answer: 
A possible revision of our GATS offer will depend on the dynamics of the services negotiations and 
possible benefits that Mauritius might derive from the current services round. 
 
Page 98, paragraph 96:
  Why is an economic needs test neces sary for financial services given the 
sector’s strong contributions to the Mauritian ec onomy and the active participation of foreign 
financial institutions? 
 
Answer: 
The economic needs test would only be used in case  of an extreme situation which might be triggered 
in view of the smallness of our domestic market. 
 
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