Opens to the world

1
mauritius
Opens to the world
01 October 2006 A New Business Environment
H. Ghurburrun Director - Investment
Facilitation, Board of Investment
2
Mauritius An Open Low Tax Business Platform
3
Transforming our Investment Climate Making it
happen

• Setting the stage for robust growth Aug 05
• Committee on Red Tape Bureaucracy Sept 05
• Investment Climate Improvement Committee Sept
  05
• Doing Business Report 2006 Oct 05
• Investment Climate Assessment Report Jan 06
• Consultations ministries, local institutions,
  govt agencies, private sector
• Budget Speech 06-07
• Finance Act 2006
• Business Facilitation (Miscellaneous Provisions)
  Act 2006
• 01 October 2006

4
New Business Environment - Objectives

• Start of business on the basis of self-adherence
  to comprehensive and clear guidelines
• Enable small enterprises to start their business
  activities within 3 working days
• Check by authorities for compliance by exercising
  ex post control
• Facilitate doing of business and acquisition of
  properties by foreigners

5
01 10 - A new legal framework

• Enactment of two major legislations
• Business Facilitation (Miscellaneous Provisions)
  Act
• Business Registration Act
• Amendment of over 15 legislations, amongst others
• Investment Promotion Act
• VAT Act
• Customs Act
• Non Citizens (Employment Restriction) Act
• Non Citizens (Property Restriction) Act
• Repeal of 4 acts
• Export Service Zones Act
• Health Development Certificate Act
• Hotel Management (Incentives) Act
• Industrial Expansion Act, except section 20
• Repeal of regulations under Investment Promotion
  Act
• ICT Scheme, SAPES, PRS, RDS, RHQ, except for IRS

6
Business Entry - Start of Business

• Point of Entry Registrar of Businesses
• Trade Licence abolished and transformed into a
  simple fee
• Economic activities classified under 4 clusters
• Single combined Building Land Use Permit in
  replacement of Development Permit and Building
  Permit
• Self-adherence to published guidelines Post
  monitoring

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Start Business within 3 days

• If the business activity
• Is not a regulated activity
• Has no adverse impact on the environment and does
  not warrant for an environmental clearance
• Does not involve land development
• Does not involve construction works
• Is carried out in an existing building meant for
  such activities
• THEN,
• START BUSINESS WITHIN 3 DAYS
• Based on self-adherence to published guidelines

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Regulated Activities

• Activities which require a licence from a
  regulatory body, for ex
• Banking services (licence from Bank of Mauritius)
• Global Business (licence from FSC)
• Internet Service Provider (licence from ICTA)
• Freeport activities (licence from MRA Customs)
• Regulatory licence should be obtained prior to
  start of operations
• List of regulatory bodies available on BOIs
  website

9
Guidelines

• Guidelines a set of defined comprehensive rules
  and procedures (e.g. Fire Services, Health
  services, Local authorities, BOI, SEHDA, etc)
• Represent obligations of the business operator
• Responsibility of the business operator to
  consult and ensure full compliance and adherence
  before start of operations
• Published by relevant authorities, issuing
  permits, licences or clearances
• Posted on web sites of relevant organisations
• Help and information desks available at relevant
  authorities for counseling and assistance

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Self-Adherence / Ex Post Control

• Facility to simplify and streamline start of
  activities for a business operator
• Business operators required to self-adhere to
  published guidelines
• Onus on the business operator to comply with the
  guidelines before and after start of operations
• Ex-post control Control that will be carried
  out by relevant authorities after start of
  operations
• Non-compliance may result in high penalties such
  as fines or provisional closing order by the
  Local Authority or permanent closing by Court
  order
• High Level of Compliance Enhanced ease of doing
  business

11
Investment Projects

• Elimination of all investment incentive schemes,
  except IRS Freeport
• Moving away from tax incentives or preferences to
  a low tax regime and a common level-playing field
• Integration of EPZ and non-EPZ one
  manufacturing sector
• Investment Certificate transformed into a
  Registration Certificate
• No prior approval required for an investor to
  proceed with his investment project
• Compliance to existing laws, policies and
  guidelines

12
Work Live in Mauritius

• Introduction of a new Occupation Permit
• Combines a work permit and a residence permit in
  one permit
• Applies to certain categories of non-citizens
• Investors and self-employed
• Professionals with a monthly salary gt KRs30
• Application made through Board of Investment
• Occupation Permit to be issued by the Passport
  Immigration Office within 3 working days after
  date of submission

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Le Parcours du Combattant
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Ease of Doing Businessas from 01 October 2006
Investor Registration
Registration Certificate
Permits Licences
Company Incorporation Business Registration
PER or EIA
On line notification to BOI, MRA, Local Auth,
SEHDA, NPF
START
Building Land Use Permit
Regulatory Licence
Occupation Permit
3 days or 15 days
3 days
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Thank You

• www.investmauritius.com

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Registering a Business under the Business
Registration Act
mauritius
Opens to the world

• Mrs P. Chinien
• Registrar of Companies/Businesses
• 8th September 2006

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Obligation to Register

• Obligation to be registered - section 6 of the
  Business Registration Act 2002
• no person shall carry on any business in
  Mauritius unless
• he is registered under this Act
• business and person
• Business
• every form of trade, commerce or manufacture,
  craftsmanship,
• calling, profession, vocation or occupation or
  any other activity
• carried on by a person for the purposes of gain
  or profit

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Who should register a business ?

• Person includes
• Individual
• Company / Commercial Partnership
• Societé
• Firms
• Joint-Venture
• Consortium
• Trust

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Who should not register ?

• Any person carrying on business exclusively in
  the Island of Rodrigues
• Any office or employment
• specified in Part I of the First Schedule
• Any business activity carried on by a person, or
  class of persons, specified in Part II of the
  First Schedule

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Exemptions

• First Schedule
• Businesses or activities
• The business of a craftsman who exercises his
  craft
• from his own domestic premises and does not have
• any business premises
• Person or class of persons
• Any religious, charitable or educational
  organisation
• Any person engaged in the cultivation of land of
  an extent not exceeding 4.2208 hectares (10 a)

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How to Register ?
From Home or Your Office (Online)
At the Office of the Companies Division
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Online Registration

• Mauritius Network Services Ltd (MNS) is the
  service provider for online registration system.
  Any person wishing to use this facility
• Must register with Mauritius Network Services
  (MNS) for Access
• Must sign Network Service Agreement with MNS
  (include logging and password)
• Will be provided with Manuals and Training
  (optional)
• Will be charged a minimum service fee

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What information to be given by an Individual ?

• Name of person carrying Business
• Means of identification (e.g. NIC, Passport no.)
• Business Name (name should be available
  criteria)
• Location of Business
• Nature of Business
• Date/Proposed date of commencement of Business
• Address of principal place of Business
• Name, Telephone, Fax and email address of Contact
  Person
• Expected or actual work force

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What information to be given by a Company at time
of incorporation ?

• Business Name (name should be available
  criteria )
• Location of Business( use of locality code of
  CSO)
• Nature of Business (Use of NISC)
• Date/Proposed date of commencement of Business
• Address of Principal place of Business
• Name, Telephone, Fax and email address of Contact
  Person
• Expected or actual work force

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What information to be given by an existing
Company/ Société ?

• Existing company-
• File No and Name of Company
• Date of Incorporation or registration
• Business Name (name should be available
  criteria )
• Location of Business
• Nature of Business
• Date/Proposed date of commencement of Business
• Address of Principal place of Business
• Name, Telephone, Fax and email address of Contact
  Person
• Expected or actual work force

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What information to be given by a existing
Company/Société? (Contd)

• Existing Société
• State type of entity e.g Firm, Joint-Venture,
  Consortium
• Date of registration with relevant authority (if
  applicable)
• Registration no. at relevant authority (if
  applicable)
• Name of relevant authority (if applicable)
• Business Name (name should be available
  criteria )
• Location of Business
• Nature of Business
• Date/Proposed date of commencement of Business
• Address of Principal place of Business
• Name, Telephone, Fax and email address of Contact
  Person
• Expected or actual work force

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What fees to be paid ?

• Registration fee payable depends on the workforce
  
• At the time of application
• Every 3 years

Above fees are not applicable to Companies /
Commercial Partnerships
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What are the ongoing obligations for a registered
business ?

• Use of Business name
• Use of the unique business number - use of the
  BRC
• To notify any change in particulars within 14
  days
• E.g. Change in business names, locations,
  activities, transfer of business
• Renewal of Business Registration Card every 3
  years

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Powers of the Registrar

• The Registrar has power
• to visit any premises at which he believes that
  business is being carried on in breach of the
  Business Registration Act
• to cancel a persons Business Registration Card
  if he believes that that person is not carrying
  on business or contravenes any enactment.

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Provisions under Business Facilitation
(Miscellaneous Provisions) Act 2006

• To facilitate business no requirement under
  the Companies Act 2001 to reserve a company name
• Statutory obligation by the Registrar to
  communicate information to all departments/agencie
  s

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Link with other Departments / Agencies
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Contact Details

• Address One Cathedral Square
• Jules Koeing Street, Port Louis
• Website http//companies.gov.mu
• Email Address rocd_at_intnet.mu
• Hot line 208 3945
• Fax Number 213 7290

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• EFFECTIVE DATE
• 1st OCTOBER 2006

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mauritius
Opens to the world
Obligations to Mauritius Revenue Authority
D. Ramdin Mauritius Revenue Authority
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Registration of Businesses
Registrar of businesses
MRA
Govt Online Centre
Business Profile data
Business Profile data
Business will be registered as an employer and a
taxpayer
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Obligations as an employer

• Withhold tax under PAYE system when paying
  emoluments and director fees
• Remit tax withheld within prescribed time limit
• Issue Statement of Emoluments and Tax deduction
  to employees

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Registration for VAT purposes

• Every person engaged in business whose annual
  turnover of taxable supplies exceeds or is likely
  to exceed Rs 2 million should register himself
  for VAT purposes
• Professionals listed in schedule to VAT Act are
  liable to be registered for VAT, irrespective of
  their turnover of taxable supplies

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How to register for VAT

• Fill in registration form available at MRA or
  download from website
• http//mra.gov.mu
• Call at Ehram Court,Cr Mgr Gonin Sir V.Naz
  Streets, Port Louis
• Send form through post fax

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Clearance of imported goods from Customs

• Prior registration at Customs Department as
  importer. TAN / BRN required
• A customs declaration (bill of entry)has to be
  lodged electronically by an approved broker
• Importer has to contact Customs broker for
  processing of declaration with invoice, packing
  list, Bill of Lading /Airway Bill and any other
  required clearances

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Export of goods

• Exporter should be registered at Customs
  Department. TAN/BRN required
• A customs declaration should be filed
  electronically through an approved customs broker

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Income Tax Obligations

• Every registered person, whether or not he is a
  taxpayer should submit a return of income
  annually
• Every individual who is a registered person
  should also file quarterly CPS statements as
  follows
• quarter July Sept on or before 31 December
• quarter Oct - Dec on or before 31 March
• quarter Jan - Mar on or before 30 June

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Electronic returns

• Employers having more than 50 employees should
  submit PAYE return and remit tax withheld
  electronically
• Companies submitting PAYE electronic returns
  should also file their corporate tax return
  electronically
• A person submitting PAYE return electronically
  should also file VAT return electronically

43
Thank You

• Mauritius Revenue Authority
• Ehram Court, Cr Mgr Gonin Sir V.Naz sts, Port
  Louis
• http//mra.gov.mu

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mauritius
Opens to the world
Ministry of Social Security, National Solidarity
Senior Citizens Welfare Reform Institutions
D. Rughoonundun Ministry of Social Security,
National Solidarity Senior Citizens Welfare
Reform Institutions
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Obligations of Employers

• National Pensions Act, 1976

• National Savings Fund Act, 1995

• Human Resource Development Act, 2003

• Registration of Employers

NPF

• Payment of Contributions to

NSF
Training Levy

• Submission of Returns

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Registration of Employers

• As from 1st October 2006, no registration at our
  offices

• Automatically registered based on information
  available on Central Business Registration
  Database

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Registration Process Flow
Data available on
Data transferred electronicallyfrom GOC to MSS
CBRD
GOC
MSS HO
Employer registered

• Issue of
• Certificate of Registration
• Table of contribution
• Guide to employers Send by post
• Monthly Return documents
• ( also available on website)

Regional SocialSecurity Offices (42 in
Mauritius)
A Visiting Officer, NationalPensions attached
at each office
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Communication Channel with Employers

• Docket with relevant documents

• Email

• Visiting Officer

• Web site Information available
• Downloadable forms

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• Available on Web site of the Ministry
• National Pensions Act, 1976
• National Savings Fund Act, 1995
• Brief to Employers on NPS, NSF and Training Levy
• Specifications for submission of returns on
  floppy/CD
• Guide to CNP Users for e-filing and e-payment of
  contributions and levy
• Contributions Table
• Minimum and maximum remuneration on which
  contributions are payable
• Downloadable Forms
• CC19 (a) and (b) for submission of monthly
  returns
• Application form to join the Contributions
  Network Project (CNP)
• Bin 17 (Notification of industrial accidents by
  employer)

50
Thank You
http//socialsecurity.gov.mu
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Obligations Towards Local Authorities
mauritius
Opens to the world
S. Purmessur Ministry of Local Government
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Basic Changes

• No need for Trade Licence
• Only payment of a Fee
• One Permit - Building and Land Use Permit (BLP)
• No Prior Clearance from Fire,Health, Police, etc
• BLP - 3 working days for SEs
• - 2 weeks for others

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Obligations

• Payment of Fee 15 days after start of Business
• Display receipt of payment at each business
  premises
• Self-adherence to legal provisions and guidelines
  of Fire, Health,Environment and local authorities
• Inform the Registrar of Businesses of any change
  in trade or address of trade

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PENALTIES

• Surcharge of 50 if fee is not paid within 15
  days of start of operations
• In case of failure to pay the fee, on conviction,
  fine of Rs 50,000

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PENALTIES (contd)

• Local Authority may issue provisional closing
  order if
• activity being carried out is not within cluster
  for which authorised
• guidelines and provisions of the law is not being
  respected
• activity is a danger to public health, public
  order, or public safety

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Avenues for Redress

• If permit not approved appeal within 21 days to
  Town Country Planning Board
• In case of provisional closing down by Chief
  Executive of Local Authority, appeal to Court

57
Thank You
http//localgovernment.gov.mu
58
mauritius
Opens to the world

• Small Enterprise and Handicraft Development
  Authority
• SEHDA

M. Chi Kam Chun SEHDA
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SEHDA

• Provides support to potential and existing
  entrepreneurs in the manufacturing or services
  sector enabling
• Starting up of new small enterprises
• Improvement of existing businesses

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Main Services Offered by SEHDA

• Business counseling
• Guidance / Facilitation to SMEs to obtain
  clearances
• Registration of small enterprises
• Skills development programmes
• Marketing Assistance

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Small Enterprise

• Registration with SEHDA
• (under SEHDA Act 2005)
• for a Small Enterprise Certificate is Voluntary

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Registration Formalities

• Eligibility Criteria
• Firms engaged in any activity excluding
  activities relating to ICT, Financial Services,
  cultivation of land, religious or charitable
  purposes
• Workforce less than 10 employees and
• Annual turnover less than Rs. 10 m

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Registration Formalities
Entrepreneurs interested in obtaining a
Small and Handicraft Certificate
Central Business Registration Database
SEHDA
Apply
Website Online Registration
Registration Form
Issue of Small Handicraft Certificate
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SEHDA - Head Office

• Industrial Zone
• Royal Road
• Coromandel
• Tel [phone] Fax [phone]
• Email smido_at_intnet.mu

65
Thank You
http//www.sehda.org
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mauritius
Opens to the world
Registration with the Board of Investment
H. Ghurburrun Director - Investment
Facilitation, Board of Investment
67
Investment Projects

• Elimination of all investment incentive schemes,
  except IRS Freeport
• Moving away from tax incentives or preferences to
  a low tax regime and a common level-playing field
• Investment Certificate transformed into a
  Registration Certificate
• No prior approval required from BOI for an
  investor to proceed with his investment project,
  except for IRS Freeport
• Compliance to existing laws, policies and
  guidelines

68
Registration with BOI - Obligations

• Investment Project
• To develop an Integrated Resort project (IRS)
• To operate in a Freeport Zone
• Company manufacturing goods for exports
• To benefit from special labour and employment
  provisions
• Non-Citizen investors, self-employed,
  professionals and retirees
• To apply for an Occupation Permit
• To apply for a Residence Permit (retired
  non-citizen)
• Acquisition of Immovable Property
• To acquire immovable property by non-citizen
  investor for business purposes
• Land Conversion
• To benefit from land conversion exemption, if
  eligible

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Definition of an Investor

• A person carrying on or intends to carry out an
  economic activity
• Includes a non-citizen of Mauritius or a body,
  whether corporate or incorporate, of persons in
  association, société, partnership or company, 
  the control or management of which is vested in
  persons who are not citizens of Mauritius
• Generating a turnover exceeding Rs 3 million per
  year

70
Definition of a Professional

• Someone employed by a company, société or
  partnership
• Holder of a valid contract of employment with a
  company in Mauritius
• With a basic monthly salary exceeding Rs 30,000

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Definition of Self Employed

• A non-citizen engaged in a professional activity
• Generating an annual income exceeding Rs 600,000

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Retired Non-Citizen

• Non-citizen, not involved in any business
  activity in Mauritius
• Annual transfer of at least USD 40,000 (or its
  equivalent in convertible foreign currency)

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Issue of Registration Certificate

• Registration Form
• Simple easy to fill
• Compliance to Registration criteria
• No detailed appraisal at BOI
• Issue of Registration Certificate may be
  immediate or within same day

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DEREGISTRATION

• Cessation of business
• Conditions at time of registration are not
  respected, ex-post monitoring
• Passport and Immigration Office cancels the
  Occupation Permit
• On recommendation of the Registrar of Companies,
  the Mauritius Revenue Authority, the Mauritius
  Police Force or any relevant authority

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Registration with the Board of InvestmentWhere
to Register 1st October 2006

• Online BOI website - www.investmauritius.com
• At BOI Head Office 10th Floor, One Cathedral
  Square 16 Jules Koenig Street, Port Louis
• Occupation Permit Unit 4th Floor, Sterling
  House, Lislet Geoffroy Street, Port Louis

76
Thank You

• www.investmauritius.com

77
BUILDING LAND USEPERMIT
mauritius
Opens to the world
Mrs V. Sunassee Head Planner, Black River
District Council
78
PERMITS PRESENTLY ISSUED BY LOCAL AUTHORITIES

• A Development Permit
• A Building Permit for construction
• A Trade Licence before starting operation of an
  economic activity

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PRESENT TIME-FRAME TO ISSUE PERMIT/LICENCE
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CLEARANCES PRESENTLY REQUIRED
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THE NEW SYSTEM TO CARRY OUT DEVELOPMENT

• A single application, a single form
• A single permit issued by local authorities
• THE BUILDING LAND USE PERMIT (BLP)
• BLP enables development to start on basis of
  self adherence to guidelines issued under
  Building Act, Town Country Planning Act,
  Planning Development Act

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NEW TIME FRAME FORLOCAL AUTHORITIES TO ISSUE
PERMIT
No consultation required prior to issue of permit
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BLP A Simple Fast Process

• Health clearance
• Fire clearance
• Police clearance
• TMRSU / RDA Clearance
• Traffic Impact Assessment

Will no longer be required for a BLP GUIDELINES
EX POST CONTROL
84
PROVISIONS MADE FOR IMPLEMENTATION OFTHE
BUILDING LAND USE PERMIT

• Single application form based on concept of self
  adherence to technical guidelines
• Single user-friendly BLP guide to assist in plan
  design and filling of application form
• Handy guide/leaflet for small enterprise
• Exempt permit for home based enterprise provided
  in PPG
• Grouping of economic activities within 4 clusters

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NEW APPLICATION FORM

• Part A - to be filled in signed by applicant-
  relates to general information on the project
  site
• Part B - a user friendly technical checklist, in
  the form of a tick box exercise, on the norms
  guidelines found in outline schemes PPG
  Building Act
• Part B -to be filled in signed by the
  professional designing the plans, to ensure
  compliance with the guidelines
• Application registered only if both parts A B
  filled in and signed and all documents submitted
• Submission as from 1st October 2006 at any local
  authority

86
BUILDING LAND USE PERMIT GUIDE

• A step by step handy guide to explain
• the new process legislations
• the type of plans to be submitted
• how to fill in the application form procedures
  to be followed to submit same
• how application will be processed by local
  authorities
• all the building planning guidelines to be
  complied with
• Available as from 1st October 2006 at any
  Local Authority, SEHDA, BOI downloadable from
  their websites

87
EXEMPT DEVELOPMENT

• Office/business activities which can be allowed
  in part of a residential building without a BLP.
• Applicable to small scale home working
  enterprise e.g. low-scale food preparation, use
  of a room as office, artist studios etc.
• Eligible if the use is ancillary to the principal
  use as residential.
• Criteria include no serious adverse impact on
  neighbourhood.

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SELF ASSESSMENTFOR EXEMPT DEVELOPMENTOnly if
the answer is NO to the following 4 questions

• Will the whole house be used for the activity?
• Will the activity result in a marked rise in
  traffic or people calling?
• Will the business involve any activity unusual in
  a residential area?
• Will the activity disturb neighbours at
  unreasonable hours or create other forms of
  nuisance?

89
CLUSTERING OF ACTIVITIES
Shops, showroom, office, supermarket, beauty
parlour
Hypermarket, amusement centre, polluting
industries
Office, professional service, bank, agency
Light general industry, workshop
90
CONCEPT OF CLUSTERS

• No BLP required for change of economic activity
  within same cluster
• BLP required for change of activity from one
  cluster to another
• BLP required if change of activity within same
  cluster results in traffic/ parking problems,
  pollution, unsafe storage

91
CONCEPT OF SELF ADHERENCE SELF ASSESSMENT

• System whereby applicant is informed of all norms
  procedures
• Onus on applicant and on the professional
  designing the plans to comply with established
  guidelines
• Transparent system of assessing application for
  BLP
• Enables application to be determined without
  delay

92
EX-POST CONTROL

• Ex-post control will be effected by Local
  Authorities, Ministry of Health, Fire Services,
  Ministry of Environment to ensure
• compliance with permit issued plans approved
• compliance with all guidelines in the course of
  carrying on a trade
• exempt development not creating any nuisance
• change of activity has not resulted in a change
  of cluster without BLP
• payment of fee, in lieu of trade licence, to
  Local Authority for carrying out a trade

93
Thank You
http//localgovernment.gov.mu
94
Work and Live in Mauritius underan Occupation
Permit
mauritius
Opens to the world
ACP S Gokhool Passport and Immigration Office
95
Work and Live in Mauritius (Non-Citizens Only)

• As from 1st October 2006, a single occupation
  permit for eligible non-citizens to work and live
  in Mauritius
• Objectives
• To attract and facilitate foreign investors to
  work and live in Mauritius
• To attract foreign talents and expertise
• Non-citizens who do NOT meet the criteria for an
  Occupation Permit should apply through the
  current channel (work and resident permits)

96
Current System

• 2 separate permits through 2 different
  institutions
• Work Permit Ministry of Labour (Employment
  Division)
• Residence Permit Passport Immigration Office
• Lengthy processing time
• Holders of tourist visa cannot apply for work
  permit
• Health clearance required from Ministry of Health
• Certain medical tests to be done exclusively in
  government hospitals
• Provisional Health Clearance at time of
  application
• Final Health Clearance to be submitted on issue
  of work permit

97
Occupation Permit New System
01 October 2006
98
Occupation Permit Salient features

• A permit that allows an eligible non-citizen to
  live and work in Mauritius
• Processing time 3 working days
• No separate residence permit needed
• Change from tourist to business visa allowed
• Medical tests accepted from any registered
  private medical lab / clinic
• Health clearance replaced by medical certificate
  from any private doctor

99
Who can apply?

• Investor The business should generate an annual
  turnover exceeding Rs 3 million
• Professional Holds a valid contract of
  employment with a basic monthly salary exceeding
  Rs 30,000
• Self-employed Gross annual income should exceed
  Rs 600,000
• Applicant to first register with BOI
• Only complete applications will be accepted
• An Occupation Permit fee is payable at time of
  application

100
Process flow for an OP
Copy to PMO, MRA, BOI, Health, Employment
? Register with BOI
? Transmit Application to PIO
? Submission of Application to BOI (Applicant)
? Issue OP (PIO)
? Screening of Application by BOI
2 working days
1 working day
PIO
BOI
101
Issuing an Occupation Permit
( Day 2 Day 3 )

• 1) Approved
• OP issued on Day 3
• 2) Not Approved
• Applicant is notified not later than Day 3
  and fee refunded within 7 days of notification
• 3) No reply from PIO within 3 days
• Silent Agreement applies. Acknowledgement
  Receipt is the Occupation Permit

102
Validity of an Occupation Permit

• For investors and self-employed, 3 years
• For professionals, according to duration of
  contract of employment, up to a maximum of 3 years

103
Cancellation

• OP may be cancelled by PIO if
• Applicant no longer meets conditions of
  registration
• Applicant has committed a serious offence in
  Mauritius any offence which will render the
  holder a Prohibited Immigrant under section 8 of
  the Immigration Act
• False information submitted at time of
  application
• Other security circumstances

104
Residence Permit for Retired Non-Citizen
105
Residence Permit for Retired Non-Citizen

• New Scheme where a retired non citizen, and
  registered as such with the BOI, may apply for
  residence in Mauritius

106
Residence Permit for Retired Non-Citizen

• Eligibility
• Non-citizen to make an annual transfer of at
  least USD 40,000 to Mauritius, or its equivalent
  in a convertible foreign currency

107
Issue of Residence Permit to Retired
Non-CitizenSame process as Occupation Permit

• Approved
• Residence Permit issued on Day 3
• Not Approved
• Applicant is notified not later than Day 3
  and fee refunded within 7 days of notification
• No reply from PIO within 3 days
• Silent Agreement applies. Acknowledgement
  Receipt is the Residence Permit

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Issue of Residence Permit to Accompanying
Dependents

• Accompanying dependents of holder of Occupation
  Permit or Residence Permit for Non-Citizen are
  eligible for Residence Permit
• Application for Residence Permit to be made
  through BOI
• Residence Permit to be issued by Passport
  Immigration Office
• Processing time of applications 3 - 5 working
  days

109
Occupation Permit Unit

• Joint BOI and PIO office, located at the same
  place
• Occupation Permit Unit, 4th Floor, Sterling
  House, Port Louis
• BOI will act as interface with applicants
• PIO will issue both Occupation and Residence
  permits

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Occupation Permit Unit

• Main functions
• To act as an information centre for foreign
  nationals
• To register with BOI and submit applications
• To process applications for Occupation Permit and
  Residence Permit for Retired Non-Citizens

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Office Opening hours

• Opening hours to the public
• 09h00 to 16h00
• Information
• Submission of applications
• Collection of permits

112
Permanent Residence

• Holder of an Occupation Permit or Residence
  Permit by a retired non-citizen may apply for
  permanent residence after the first three years
  subject to meeting the following criteria
• Investor 3 years Rs 15 M annually
• Self Employed 3 years Rs 3 M annually
• Retired non-citizen3 years annual transfer of at
  least 40,000 USD or in equivalent convertible
  currency

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Contact Details

• Occupation Permit Unit
• Board of Investment
• Passport Immigration Office
• 4th Floor, Sterling House
• Lislet Geoffroy Street, PORT LOUIS
• Tel [phone] Fax [phone]
• Email op_at_investmauritius.com
  piomain_at_mail.gov.mu

114
Thank you
http//www.investmauritius.com
https//passport.gov.mu
115
Acquisition of immovable property by non-citizen
mauritius
Opens to the world
K. Poonoosamy Senior Manager - Board of
Investment
116
Can a non-citizen hold property in Mauritius?

• Under the Non-Citizens (Property Restriction)
  Act, a non-citizen may hold or purchase or
  acquire property in Mauritius with the prior
  approval of the Prime Minister
• Property means immovable property and includes
  shares in companies which hold immovable
  property

117
When Prime Ministers approval is NOT required?

• When an immovable property is held or acquired
• Under a lease agreement not exceeding 20 years
• Through shares in companies which do not own
  immovable property
• Through companies listed on the stock exchange
• Through a unit trust scheme or any collective
  investment vehicle
• Under the IRS scheme for acquisition of villa

118
Under the Business Facilitation (Miscellaneous
Provisions) Act

• As from 1st October 2006
• No approval of the Prime Minister is required
  where an investor holds a registration
  certificate and following an approval from BOI to
  acquire immovable property, a right to immovable
  property or part of a building to be used for
  business purposes only

119
Who may apply to BOI to acquire immovable
property?

• A company incorporated/registered under the
  Companies Act 2001 and issued with a registration
  certificate as investor from the Board of
  Investment
•  
• An investor is not authorized to purchase any
  immovable property in his/her own name.
• An immovable property or a right to immovable
  property or part of a building must be purchased
  in the name of a company incorporated and/or
  registered in Mauritius.

120
When to apply to BOI?

• For the acquisition of immovable property or part
  of a building for business purposes only
• For the lease of immovable property or part of a
  building for a period exceeding 20 years for
  business purposes only

121
How to apply?

• A non-citizen should first register with the
  Board of Investment as an Investor.
• An application form duly filled in must be
  submitted to BOI on behalf of the
  foreign-controlled company with the following
  supporting documents
• a site plan showing the extent and precise
  location of the property
• a statement listing the reasons for which the
  application is being made
• the price of the immovable property and an
  evaluation report from a recognised valuer

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Conditions attached to the authorisation to
acquire immovable property

• a. The immovable property must be used
  exclusively for the business of that company and
  any of its related economic activity.
• b. All mandatory clearances and permits must be
  sought for and obtained from relevant authorities
  prior to the start of operations.
• c. The foreign-controlled company cannot transfer
  or let the property or use it for purposes other
  than those specified in the approval, or
  otherwise dispose of the property without prior
  clearance from BOI.
• d. The foreign-controlled company shall not
  engage in property speculation.

123
A non-citizen investor is NOT allowed to acquire
property

• for residential purposes except if he is holder
  of a permanent residence permit

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Eligibility for permanent residence permit

• At the expiry of 3 years-
• Occupation Permit
• Investor - Annual turnovergt Rs 15m
• A self-employed - Annual Income gt Rs 3m
• Residence Permit
• A retired non-citizen - Annual transfer of at
  least
• USD
  40,000 or its equivalent
• Permanent Residence Permit - Validity 10 years

125
Acquisition of immovable property by holder of
Permanent Residence Permit

• Submit an application to BOI for approval with
  the following particulars
• Site location and extent of land
• Copy of the Permanent Residence Permit

126
Processing Time

• All effective applications by non-citizens to
  acquire immovable property will be processed
  within 3 working days

127

• Thank you

www.investmauritius.com http//pmo.gov.mu