Section 2: Interpretation

2. Interpretation In this Act— “account information” means information relating to an account held in a financial institution by a person solely or jointly with another; “Account Monitoring Order” means an Order made under section 49; “Ancillary Order” means an Order referred to in Part V; “Ancillary Power” means a power referred to in section 47 or 48; “Asset Manager” means a person appointed as such under section 27 (2); “Asset Recovery Investigation Division” or “ARID” means the Asset Recovery Investigation Division set up under section 5; “benefit”— (a) means an actual or a potential advantage, gain, profit, benefit or payment of any kind that a person derives or obtains or is likely to derive or obtain, or that accrues or is likely to accrue to him; (b) includes the benefit that another person derives or obtains or is likely to derive or obtain, or that otherwise accrues or is likely to accrue to such other person, where the other person is under the control of, or is directed or requested by, the first person; (c) includes an instrumentality; “Chief Investigating Officer” means the person designated as such under section 5; “civil recovery investigation” means an investigation into— (a) whether property is proceeds, an instrumentality or terrorist property; (b) who holds the property; and (c) the extent or whereabouts of the property; [Issue 10] A23A – 2 Revised Laws of Mauritius “Compensation Order” means an Order made under section 60; “confiscation investigation” means an investigation into— (a) whether a person has benefited from his criminal conduct; or (b) the extent or whereabouts of his benefit from his criminal conduct; “Confiscation Order” means an Order made under section 19; “Court” means the Supreme Court; “criminal enquiry” means an enquiry conducted by the Police or any other person or authority for the purpose of detecting whether a criminal offence has been committed, and, if so, by whom; “customer information” means— (a) information as to whether a person holds or has held an account at a financial institution solely or jointly with another person; (b) information relating to any evidence obtained by the financial institution under or for the purpose of an enactment relating to money laundering; and (c) such particulars relating to the account or its holder as are, in the opinion of the Enforcement Authority, relevant; “dealing with property” includes— (a) a transfer or disposition of property; (b) making or receiving a gift of the property; (c) removing the property from Mauritius; (d) where the property is a debt owed to a person, making a payment to that person in reduction or full settlement of the amount of the debt; (e) using the property to obtain or extend credit, or using credit that is secured by the property; or (f) where the property is an interest in a partnership, doing anything to diminish the value of the partnership; “defendant” means a person against whom an Order is sought or is made under Sub-part B of Part III; “Director” means the Director of the FIU; “Enforcement Authority” means the Authority referred to in section 4; “financial institution” has the same meaning as in the Banking Act; “FIU” means the Financial Intelligence Unit establised under the Financial Intelligence and Anti-Money Laundering Act; “Fund” means the Recovered Assets Fund established under section 6; “gift”— (a) means property given by one person to another person; and (b) includes any direct or indirect transfer of prope Part III; “Director” means the Director of the FIU; “Enforcement Authority” means the Authority referred to in section 4; “financial institution” has the same meaning as in the Banking Act; “FIU” means the Financial Intelligence Unit establised under the Financial Intelligence and Anti-Money Laundering Act; “Fund” means the Recovered Assets Fund established under section 6; “gift”— (a) means property given by one person to another person; and (b) includes any direct or indirect transfer of property— (i) after the carrying out of an unlawful activity by the first person; and A23A – 3 [Issue 8] Asset Recovery Act (ii) to the extent of the difference between the market value of the property at the time of its transfer and— (A) the consideration provided by the second person; or (B) the consideration paid by the first person, whichever is greater; “instrumentality” means any property used or intended to be used in any manner in connection with an unlawful activity; “interest”, in relation to property, means— (a) a legal or equitable estate or interest in the property; or (b) a right, power or privilege, including the exercise of effective control, or making of a gift, in connection with the property; “Investigation”— (a) in sections 5, 43 and 60, means a civil recovery investigation or a confiscation investigation; and (b) in Part V, does not include an investigation where— (i) proceedings for a Recovery Order have been started in respect of the property in question; (ii) a Restraining Order applies to the property in question; or (iii) the property in question is money or money’s worth which has been the subject of seizure or attachment; “law enforcement agent” means— (a) a police officer; or (b) a public officer or a person employed by a statutory corporation who, pursuant to any enactment, is authorised to detect offences and to enquire into suspected offences; “material” includes any document, object, thing or electronic or digital record; “offence” means— (a) an offence against the law of Mauritius which is punishable by a maximum term of imprisonment of not less than 12 months; or (b) an offence under the law of a foreign State in relation to an act which, if committed in Mauritius, would constitute an offence punishable by a maximum term of imprisonment of not less than 12 months; “Official Receiver” has the same meaning as in the Companies Act; “privileged material” means any material which a person is entitled to refuse to divulge or produce in legal proceedings on the ground of privilege; “proceeds” means any property or economic advantage, wherever situated, derived from or obtained, directly or indirectly, through or in connection with an unlawful activity; [Issue 8] A23A – 4 Revised Laws of Mauritius “property”— (a) means an asset of any kind, whether tangible or intangible, corporeal or incorporeal, moveable or immovable, however acquired; (b) includes a legal document or instrument in any form, including electronic or digital, evidencing title to or interest in such asset, including but not limited to currency, bank credits, deposits and other financial resources, travellers’ cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit, wherever situated; and (c) includes a real or equitable interest, whether full or partial, in any such asset; “recoverable”, in relation to any property, means that may be recovered from a person for the purpose of a Recovery Order; “Recovery Order” means an Ord ng title to or interest in such asset, including but not limited to currency, bank credits, deposits and other financial resources, travellers’ cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit, wherever situated; and (c) includes a real or equitable interest, whether full or partial, in any such asset; “recoverable”, in relation to any property, means that may be recovered from a person for the purpose of a Recovery Order; “Recovery Order” means an Order made under section 35; “Restraining Order” means an Order made under section 10; “Restriction Order” means an Order made under section 27; “Search and Seizure Order” means an Order made under section 46; “terrorist property” has the same meaning as in the Prevention of Terrorism Act; “Trustee” means a person referred to in sections 7, 11 and 12 or appointed under section 10, 25 or 39; “unlawful activity”— (a) means an act which constitutes an offence or some other contravention of a law; (b) includes acquiring possession of property or deriving a benefit, as a result of or in connection with an act referred to in paragraph (a), at any time not earlier than 10 years before the commencement of this Act. [S. 2 amended by s. 3 of Act 24 of 2012 w.e.f. 10 November 2012; s. 3 of Act 29 of 2015 w.e.f. 26 January 2016; s. 3 (a) of Act 11 of 2018 w.e.f. 9 August 2018.]