Section 46: Official foreign reserves
This section is inserted by Finance Act 2019, section 2.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
46. Official foreign reserves
(1) Subject to this section, the Bank shall maintain
and manage, on a best effort basis, the official foreign reserves
of Mauritius consisting of all or any of the following –
(a) gold;
(b) foreign exchange in the form of currency
or bank balances held by the Bank or
for its account abroad, denominated in
convertible currencies;
(c) the holdings by Mauritius of Special
Drawing Rights issued by the International
Monetary Fund;
(d) securities denominated in convertible
currencies, and claims resulting from their
purchase or sale and repurchase;
(e) such other assets denominated in
convertible currencies as the Board may
approve.
(2) The Board shall determine the composition of
the official foreign reserves and it shall aim to achieve their
security, liquidity and return, in that order of priority.
(3) Subject to subsection (2), the Board shall
determine the investment policy regarding the management
of the official foreign reserves of Mauritius.
(4) Subject to section 25, the Bank may appoint any
consultant, or other person, of international repute and with
proven experience, to manage the official foreign reserves on
its behalf.
260 Acts 2019
(g) in section 47, by repealing subsection (5) and replacing it by
the following subsection –
(5) Funds out of the Special Reserve Fund may be
used, only and strictly, in the following order of priority –
(a) for the purpose of increasing the amount
paid as capital of the Bank in accordance
with section 10(4);
(b) by the Bank, in exceptional circumstances
and with the approval of the Board –
(i) for monetary policy purposes;
(ii) for repayment of central government
external debt obligations, provided
that this is not likely to adversely
affect the efficient discharge by the
Bank of its functions under this Act.
(h) in section 50(6)(a), by deleting the words “or requirement
imposed by the Bank” and replacing them by the words
“by the Bank or requirement imposed”;
(i) in section 52 –
(i) in subsection (1), by inserting, after the words
“hire purchase or”, the words “, any crowdlending
platform or any”;
(ii) in subsection (1A), by inserting, after the words
“hire purchase, or”, the words “any crowdlending
platform or any”;
(iii) in subsection (5A), by deleting the words
“or utility body” and replacing them by the words
“, a crowdlending platform or a utility body”;
(iv) in subsection (7), by inserting, in the appropriate
alphabetical order, the following new definition –
“crowdlending platform” means an online portal or
electronic platform to facilitate the offering, execution
Acts 2019 261
or issuance of funds between prospective lenders and
borrowers, and which holds an appropriate licence
issued by the Financial Services Commission;
(j) in section 52A, by inserting, after subsection (1), the following
new subsections –
(1A) The Bank may seek the collaboration or
co-operation of the Financial Services Commission and
such other agency, other than the Financial Intelligence Unit
or the Counterterrorism Unit, as may be necessary for the
establishment of the Registry.
(1B) Notwithstanding any other enactment, the
Financial Services Commission and any agency referred to in
subsection (1A) may extend such collaboration and assistance
as they may determine to the Bank for the prompt and efficient
establishment of the Registry.