Section 22A: Domestic and international cooperation
This section is inserted by The Anti-money Laundering, Combatting the Financing of Terrorism and Countering Proliferation Financing (Miscellaneous Provisions) Act, section 10.
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.
22A. Domestic and international cooperation
(1) Notwithstanding any other enactment, a competent authority
may, spontaneously or upon request, exchange with a local competent
authority and foreign counterpart, any information relating to money laundering,
predicate offences, terrorist financing or any other AML/CFT related
information.
(2) Notwithstanding any other enactment, a financial supervisor
may, when relevant for AML/CFT purposes, exchange with other supervisors
that have a shared responsibility for financial institutions operating in the same
group –
(a) regulatory information, such as information on the
domestic regulatory system and general information on
the financial sector;
(b) prudential information on a financial institution’s
business activities, beneficial ownership, management
and fitness and propriety; and
(c) AML/CFT information, such as internal AML/CFT
procedures and policies of financial institutions,
customer due diligence information, customer files,
samples of accounts and transaction information.
(3) A competent authority which receives information from a foreign
counterpart should use the information only for the purpose for which it has
been received and should not disclose that information, unless prior
authorisation has been given by the foreign counterpart.
(4) Any information shared under this section may be subject to
such conditions as may be specified by the competent authority or financial
supervisor, including conditions restricting the use, dissemination and
disclosure of the information imparted.
(5) In this section –
“competent authority” –
(a) means a public authority to which responsibility to
combat money laundering or terrorist financing is
designated; and
(b) includes a supervisory authority, regulatory body and an
investigatory authority;
“financial supervisor” means the Bank of Mauritius, the Financial
Services Commission and the Registrar of Cooperative
Societies.
(o) in the First Schedule –
(i) in Part I –
(A) by deleting item 7 and its corresponding entries and replacing it
by the following item and its corresponding entries –
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Questions this section answers
- Can Mauritian authorities share my financial information with foreign regulators?
- Can information shared between regulators be used for a purpose other than what it was given for?
- What conditions can be placed on information shared between authorities?