The internet version of this Act is for information only. The authoritative version is the one published in the Government Gazette of Mauritius.

THE UNITED NATIONS (FINANCIAL PROHIBITIONS, ARMS EMBARGO AND TRAVEL BAN) SANCTIONS ACT 2019

Act 8/2019
Government Gazette of Mauritius No. 53 of 29 May 2019

I assent

PARAMASIVUM PILLAY VYAPOORY
Acting President of the Republic

29 May 2019

Section

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY

1. Short title
2. Interpretation
3. Application of Act

PART II – NATIONAL SANCTIONS COMMITTEE AND NATIONAL SANCTIONS SECRETARIAT Sub-Part A – National Sanctions Committee 4. National Sanctions Committee 5. Functions and powers of National Sanctions Committee 6. Meetings of National Sanctions Committee Sub-Part B – National Sanctions Secretariat 7. National Sanctions Secretariat 8. Staff of National Sanctions Secretariat

PART III – DESIGNATED PARTIES 9. Declaration as designated party 10. Third party request for declaration as designated party 11. Dissemination of declaration

12. List of designated parties
13. Designated party to be notified
14. Review of declaration by National Sanctions Committee
15. Judicial review of declaration by Supreme Court

PART IV – LISTED PARTIES 16. Listing proposals 17. Notification of listing 18. Dissemination of United Nations Sanctions List 19. Request to National Sanctions Secretariat for delisting 20. Request to Office of Ombudsperson or Focal Point for delisting 21. Delisting requests for dead individuals and defunct entities 22. Notice of delisting

PART V – SANCTIONS AGAINST DESIGNATED PARTIES AND LISTED PARTIES Sub-Part A – Prohibition to Deal with Funds or Other Assets or Make Funds or Other Assets Available 23. Prohibition to deal with funds or other assets of designated party or listed party 24. Prohibition on making funds or other assets available to designated party or listed party available Sub-Part B – Reporting Persons to Identify Funds or Other Assets of Designated Party or Listed Party 25. Reporting obligations Sub-Part C – Freezing Order of Funds or Other Assets of Designated Party 26. Application for freezing order 27. Application for variation of freezing order Sub-Part D – Rights of Bona Fide Third Parties 28. Rights of bona fide third parties regarding freezing order 29. Rights of bona fide third parties regarding prohibition Sub-Part E – Application to Use Funds or Other Assets of Listed Party 30. Application by listed party 31. Application by listed party on ISIL (Da’esh) and Al-Qaida Sanctions List Sub-Part F – Administration of Funds or Other Assets of Designated Party or Listed Party 32. Management of funds or other assets

Sub-Part G – Mistaken Identity 33. Application for redress

Sub-Part H – Freezing Order or Prohibition to Lapse Upon Delisting 34. Lapse of freezing order or prohibition

PART VI – ARMS EMBARGO AND TRAVEL BAN 35. Arms embargo 36. Travel ban 37. Exemptions to travel ban

PART VII – MISCELLANEOUS 38. Designated Judge 39. Reporting of suspicious information 40. Supervision by supervisory authorities 41. Internal controls 42. Deprivation of Mauritius citizenship 43. Protection from liability 44. Confidentiality 45. Offences 46. Regulations

FIRST SCHEDULE
SECOND SCHEDULE

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An Act

To enable the Government of Mauritius to implement targeted sanctions and other measures imposed by the United Nations Security Council under Chapter VII of the Charter of the United Nations

ENACTED by the Parliament of Mauritius, as follows –

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PART I – PRELIMINARY

1. Short title

This Act may be cited as the United Nations (Financial Prohibitions, Arms Embargo and Travel Ban) Sanctions Act 2019.

2. Interpretation

In this Act –

“Bank of Mauritius” means the Bank of Mauritius established under section 3 of the Bank of Mauritius Act;

“deal” includes to sell, supply, lease, transfer, convert, dispose of, move, use or withdraw;

“delisted party” means any party whose name has been removed from the relevant United Nations Sanctions List by or under the authority of the United Nations Security Council;

“Designated Judge” means a Judge designated as such by the Chief Justice under section 38;

“designated party” means a party declared as such by the Secretary for Home Affairs pursuant to section 9 or 10;

“economic resources” includes assets of every kind, whether movable, immovable, tangible, intangible, actual or potential, which are not funds but potentially may be used to obtain funds, goods or services, such as – (a) land, buildings and other real estate; (b) equipment, including computers, computer software, tools, and machinery; (c) office furniture, fittings and fixtures and other items of a fixed nature; (d) vessels, aircraft and motor vehicles; (e) inventories of goods; (f) works of art, precious stones, jewellery and gold; (g) commodities, including oil, minerals and timber; (h) arms and related materiel; (i) patents, trademarks, copyrights, trade names, franchises, goodwill and other forms of intellectual property;

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(j) internet hosting and other related services used for the support of listed parties; (k) direct and indirect trade in oil and refined products, modular refineries and related material, including chemicals and lubricants and other natural resources; (l) any other assets, whether tangible, intangible, actual or potential;

“extraordinary expenses” means expenses other than ordinary expenses;

“Financial Crimes Commission” means the Financial Crimes Commission established under the Financial Crimes Commission Act 2023;

“Financial Services Commission” means the Financial Services Commission established under section 3 of the Financial Services Act;

“financing of terrorism” means a person who wilfully provides or collects funds or other assets by any means, directly or indirectly, with the unlawful intention that they are to be used, or in the knowledge that they are to be used, in full or in part – (a) to commit an offence in breach of an enactment specified in the Second Schedule to the Convention for the Suppression of the Financing of Terrorism Act or a terrorist act; or (b) by a terrorist organisation or terrorist, even in the absence of link to a specific terrorist act;

“FIU” means the Financial Intelligence Unit established under section 9(1) of the Financial Intelligence and Anti-Money Laundering Act;

“Focal Point” means the focal point established within the United Nations Secretariat under the United Nations Security Council Resolution 1730 (2006);

“freezing order” means an order to prohibit the sale, transfer, conversion, disposition or movement of, or otherwise deal with, any funds or other assets;

“funds or other assets” means – (a) any assets, including, but not limited to, financial assets, economic resources and property of every kind, whether tangible, intangible, movable or immovable, however acquired;

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(b) legal documents or instruments in any form – (i) including electronic or digital, evidencing title to, or interest in, such funds or other assets; and (ii) including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts, or letters of credit; (c) any interest, dividends or other income on or value accruing from or generated by such funds or other assets, virtual or digital currencies, including cryptocurrencies; (d) any other assets which potentially may be used to obtain funds, goods or services;

“immediately” means without delay and not later than 24 hours;

“international terrorism” includes – (a) terrorist acts that go beyond national boundaries in terms of the methods used, the people who are targeted or the places from which the terrorists operate; (b) violent or criminal acts committed by individuals or groups that are inspired by, or associated with, foreign terrorist organisations;

“investigatory authorities” has the same meaning as in the Financial Intelligence and Anti-Money Laundering Act;

“ISIL (Da’esh) and Al-Qaida Sanctions Committee” means the Committee established and modified by the United Nations Security Council Resolutions 1267 (1999) 1989 (2011) and 2253 (2015);

“ISIL (Da’esh) and Al-Qaida Sanctions List” means the United Nations Sanctions List established and maintained by the ISIL (Da’esh) and Al-Qaida Sanctions Committee with respect to ISIL (Da’esh), Al-Qaida and associated parties;

“listed party” means any party listed by or under the authority of the United Nations Security Council;

“listing criteria” means the criteria, as defined in the relevant United Nations Security Council Resolution, which indicate that a party is eligible for listing on a United Nations Sanctions List;

“Minister” means the Minister to whom responsibility for the subject of national security is assigned;

“National Sanctions Committee” means the National Sanctions Committee referred to in section 4;

“National Sanctions Secretariat” means the National Sanctions Secretariat referred to in section 7;

“Office of the Ombudsperson” means the office created by the United Nations Security Council Resolution 1904 (2009) to review requests from listed parties seeking to be removed from the ISIL (Da’esh) and Al-Qaida Sanctions Lists;

“ordinary expenses” includes funds and other financial assets or economic resources which are – (a) basic expenses necessary for payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and public utility charges; (b) intended exclusively for the payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services or fees; or (c) intended exclusively for the payment of service charges for routine holding or maintenance of the funds or other assets of a designated party or listed party;

“party” means an individual, a group, an undertaking or an entity;

“proliferation” has the same meaning as in the Financial Intelligence and Anti-Money Laundering Act;

“proliferation financing” has the same meaning as in the Financial Intelligence and Anti-Money Laundering Act;

“property” has the same meaning as in the Financial Intelligence and Anti-Money Laundering Act;

“public sector agency” includes any Ministry, Government department, local authority or statutory corporation;

“relevant enactment” means this Act, the Banking Act, the Bank of Mauritius Act, the Financial Intelligence and Anti-Money Laundering Act or the Financial Services Act;

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“reporting person” has the same meaning as in the Financial Intelligence and Anti-Money Laundering Act;

“supervisory authorities” – (a) has the same meaning as in the Financial Intelligence and Anti-Money Laundering Act; (b) includes the Registrar of Associations and such other person as may be prescribed;

“terrorist” means any person, other than a group, an undertaking or an entity, who – (a) commits, or attempts to commit, a terrorist act; (b) participates as an accomplice in a terrorist act; (c) organises, or directs any other person to commit, a terrorist act; or (d) contributes to the commission of a terrorist act by a group of persons acting with a common purpose where the contribution is made intentionally and with the aim of furthering the terrorist act or with the knowledge of the intention of the group to commit a terrorist act;

“terrorist act” means – (a) an act of terrorism specified in section 3 of the Prevention of Terrorism Act; (b) any act which constitutes an offence within the scope of any of the treaties, conventions and protocols listed in the First Schedule; or (c) any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population or to compel a government or an international organisation to do or to abstain from doing an act;

“terrorist organisation” means any group of terrorists which – (a) commits, or attempts to commit, a terrorist act; (b) participates as an accomplice in a terrorist act; (c) organises, or directs any other person to commit a terrorist act; or (d) contributes to the commission of a terrorist act by a group of persons acting with a common purpose where the contribution is made intentionally and with the aim of furthering the terrorist act or with the knowledge of the intention of the group to commit a terrorist act;

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“United Nations sanctions” means enforcement measures, not involving the use of armed force, as may be adopted from time to time by the United Nations Security Council under Chapter VII of the United Nations Charter;

“United Nations Sanctions Committee” means a subsidiary organ established by the United Nations Security Council;

“United Nations Sanctions List” – (a) means a list established by or under the authority of the United Nations Security Council comprising the names of listed parties which are subject to United Nations sanctions; and (b) includes the list established pursuant to the United Nations Security Council Resolutions listed in the Second Schedule and their successor resolutions;

“UNSCRs” means any United Nations Security Council Resolutions adopted by the United Nations Security Council under Chapter VII of the United Nations Charter and includes their successor resolutions;

“UNSCR 1373” means United Nations Security Council Resolution 1373 (2001);

“UNSCR 1737” means United Nations Security Council Resolution 1737 (2006);

“UNSCR 1718” means United Nations Security Council Resolution 1718 (2006);

“UNSCR 2231” means United Nations Security Council Resolution 2231 (2015).

Amended by [Act No. 13 of 2019]; [Act No. 15 of 2021]; [Act No. 21 of 2021]; [Act No. 15 of 2022]; [Act No. 20 of 2023]; [Act No. 3 of 2026]

3. Application of Act

(1) This Act shall be in addition to, and not in derogation from, the Convention for the Suppression of the Financing of Terrorism Act, the Prevention of Terrorism Act and the Prevention of Terrorism (International Obligations) Act.

(2) Any function or power conferred on the Secretary for Home Affairs under this Act shall, in his absence, be discharged or exercised by any other officer not below the rank of Permanent Secretary, to be designated by the Secretary to Cabinet and Head of the Civil Service.

Amended by [Act No. 20 of 2023]

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PART II – NATIONAL SANCTIONS COMMITTEE AND NATIONAL SANCTIONS SECRETARIAT

Sub-Part A – National Sanctions Committee

4. National Sanctions Committee

(1) There shall be, for the purposes of this Act, a National Sanctions Committee which shall be a body corporate and shall consist of – (a) the Secretary to Cabinet and Head of the Civil Service, who shall be the Chairperson; (b) the Solicitor General; (c) the Secretary for Foreign Affairs; (d) the Commissioner of Police; (e) the Director-General of the Financial Crimes Commission; (f) the Governor of the Bank of Mauritius; (g) the National Security Advisor; (h) the Director-General of the National Security Services; (i) the Director of the Counterterrorism Unit; (j) the Director of the Financial Intelligence Unit; (k) the Chief Executive of the Financial Services Commission; and (l) the Registrar of Associations.

(2) The National Sanctions Committee may co-opt such other person having special knowledge or experience in, combating the financing of terrorism and proliferation or, the implementation of the UNSCRs.

Amended by [Act No. 20 of 2023]; [Act No. 18 of 2025]; [Act No. 3 of 2026]

5. Functions and powers of National Sanctions Committee

(1) The National Sanctions Committee shall, in the discharge of its functions and exercise of its powers under this Act – (a) direct the Secretary for Home Affairs to declare, for the purposes of UNSCR 1373 or any other international obligations, a party as a designated party;

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(b) be responsible for identifying a party that meet the listing criteria for designation as a listed party on a United Nations Sanctions List; (c) make proposals for the listing of a party as a listed party to the relevant United Nations Sanctions Committee; (d) recommend the Secretary for Home Affairs to request another country to designate a party for the purposes of UNSCR 1373; (e) coordinate and promote effective implementation of the obligations under the UNSCRs in Mauritius; (f) coordinate international cooperation in the cross-border implementation of the UNSCRs between Mauritius and other countries and foreign counterpart agencies; (g) coordinate the development of, review and implement, national policies and activities for the effective implementation of the UNSCRs; (h) approve such guidelines developed by the National Sanctions Secretariat; and (i) make recommendations to the Minister for legislative, regulatory and policy reforms for the purposes of this Act.

(2) (a) The National Sanctions Committee may set up such subcommittees as it considers necessary to assist it in the discharge of its functions under this Act. (b) The National Sanctions Committee may co-opt, into any subcommittee, such other persons whose presence, participation, knowledge or skills are necessary to assist it in the discharge of its functions under this Act.

6. Meetings of National Sanctions Committee

(1) The National Sanctions Committee shall meet at least once in a month and at such time and place as the Chairperson may determine. (2) At any meeting of the National Sanctions Committee, 7 members, including the Chairperson, shall constitute a quorum. (3) Where the Chairperson is absent from a meeting of the National Sanctions Committee, the members present shall elect from among themselves a member to chair the meeting. (4) The National Sanctions Committee shall regulate its meetings and proceedings in such manner as it may determine.

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Amended by [Act No. 20 of 2023]; [Act No. 3 of 2026]

Sub-Part B – National Sanctions Secretariat

7. National Sanctions Secretariat

(1) There shall be, within the Prime Minister’s Office, a National Sanctions Secretariat which shall discharge such functions and exercise such powers as may be necessary to assist the National Sanctions Committee in the administration of this Act.

(2) The National Sanctions Secretariat shall, in the discharge of its functions and exercise of its powers under this Act – (a) keep and maintain, in such form and manner as the National Sanctions Committee may determine, a list of designated parties; (b) provide access to the list of designated parties; (c) keep and maintain a list of funds or other assets frozen pursuant to a freezing order granted under this Act; (d) collect or solicit information from public sector agencies and any party that is reasonably believed to hold, control or has in his or its custody or possession funds or other assets of a listed party; (e) facilitate the sharing of information with other agencies for the purposes of this Act; (f) issue such guidelines and disseminate such other relevant information as may be necessary for the effective implementation of this Act; (g) publish information on relevant procedures for the purposes of this Act; (h) maintain a website with publicly available information relating to this Act; (i) keep and maintain such record as may be prescribed for a period of not less than 7 years; (j) do such other things as may be necessary for the purposes of this Act.

(3) The National Sanctions Secretariat may enter into an arrangement or agreement with the Office of the Ombudsperson to facilitate the sharing of information, including confidential information.

Amended by [Act No. 15 of 2022]

8. Staff of National Sanctions Secretariat

(1) There shall be such public officers in the National Sanctions Secretariat as

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may be necessary for the proper discharge of its functions and exercise of its powers under this Act.

(2) (a) The National Sanctions Committee may, with the approval of the Secretary to Cabinet and Head of the Civil Service, enlist the services of suitable experts to advise the National Sanctions Secretariat. (b) Any expert enlisted under paragraph (a) and any public officer referred to in subsection (1) shall be under the administrative control of the Secretary for Home Affairs.

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PART III – DESIGNATED PARTIES

9. Declaration as designated party

(1) The National Sanctions Committee shall, on its own initiative or upon a request by any person – (a) where it is satisfied on reasonable grounds that a party – (i) has committed or attempted to commit, or commits or attempts to commit, a terrorist act; (ii) has participated in or facilitated, or participates in or facilitates, the commission of a terrorist act; (iii) has been owned or controlled or is owned or controlled, directly or indirectly, by a designated party or listed party; (iv) has acted or is acting on behalf, or at the direction, of a designated party or listed party; (v) has participated or participates in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of, a designated party or listed party; (vi) has supplied, sold, transferred or supplies, sells or transfers arms or any related material to a designated party or listed party; (vii) has recruited or recruits for, or otherwise supports acts or activities of, a designated party or listed party; (viii) has financed or finances the travel of an individual to a State, other than his State of residence or nationality, for the purpose of the perpetration, planning or preparation of, or participation in, terrorist acts or for the purposes of providing or receiving terrorist training;

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(ix) has travelled or attempted to travel, or travels or intends to travel to a State, other than his State of residence or nationality, for the purpose of the perpetration, planning or preparation of, or participation in, terrorist acts or for the purposes of providing or receiving terrorist training; (x) has provided or received or provides or receives terrorist training in Mauritius; (xi) has been concerned or is concerned in the commission, preparation or instigation of an act of international terrorism; (xii) has been a member of, or belonged to, a designated party or listed party; (xiii) is a member of, or belongs to, a designated party or listed party; (xiv) had or has links with a designated party or listed party, and it reasonably believes that the party is a risk to national security; (xv) has committed or attempted to commit or commits or attempts to commit an offence under section 3, 4, 5, 5A, 6, 7, 12, 12A, 12B or 15 of the Prevention of Terrorism Act; (b) where a party is considered to be involved in a terrorist act by such State or other organisation as the Minister may approve; (c) where it is satisfied on reasonable grounds that the party is subject to the control or influence of parties outside Mauritius, and the National Sanctions Committee reasonably suspects that it is concerned in the commission, preparation or instigation of an act of international terrorism; or (d) where it is satisfied on reasonable grounds that a party, whether acting on his own behalf, or on behalf of or under the direction of any person, directly or indirectly – (i) is engaged or involved in, associates with, contributes to, provides support for, facilitates or provides financing for proliferation; (ii) is engaged in proliferation financing activities; (iii) assists a designated party or a listed party in – (A) evading any targeted financial sanction, arms embargo or travel ban imposed under this Act, UNSCR 1737, UNSCR 1718 or any other applicable UNSCRs;

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(B) violating the provisions of this Act, UNSCR 1737, UNSCR 1718 or other applicable UNSCRs, direct the Secretary for Home Affairs to declare that party as a designated party.

(2) The Secretary for Home Affairs shall, on the direction of the National Sanctions Committee under subsection (1), immediately declare that party as a designated party.

(3) The National Sanctions Committee may, for the purpose of subsection (1), consult and seek assistance from any public sector agency as may be necessary to determine whether, on reasonable grounds, there is sufficient evidence to support the designation of a party.

(4) Notwithstanding any other enactment, a member of the National Sanctions Committee or a public sector agency shall furnish to the National Sanctions Committee any information, including confidential material, as may be required to assist the National Sanctions Committee in identifying a party under subsection (1).

(5) Notwithstanding any other enactment, where, at any time, a public sector agency receives or otherwise becomes aware of any information relevant to the designation of a party, the public sector agency shall forthwith transmit that information to the National Sanctions Committee.

(6) A declaration under this section shall not be conditional upon the existence of criminal proceedings and shall operate without prior notice to the proposed designated party.

Amended by [Act No. 15 of 2021]; [Act No. 3 of 2026]

10. Third party request for declaration as designated party

(1) Any country which, pursuant to UNSCR 1373 or any other international obligation, makes a request to declare a party as a designated party under this Act shall transmit the details of such request to Mauritius through the appropriate diplomatic channels.

(2) The Ministry responsible for the subject of foreign affairs shall, on receipt of a request made under subsection (1), immediately submit the request to the National Sanctions Secretariat for a determination by the National Sanctions Committee as to whether there are reasonable grounds to declare the party as a designated party under this Act.

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(3) A request to declare a party as a designated party shall be made in such form and manner as the National Sanctions Committee may determine and the request shall provide – (a) as much relevant information as possible on the party proposed to be declared, including sufficient identifying information to allow for the accurate and positive identification of the party; and (b) a statement containing as much detail as possible on the basis for the proposed declaration, including specific information to support a determination that the party meets the relevant declaration criteria under section 9(1)(a), (b) or (c), together with any other supporting information or documents.

(4) Where the National Sanctions Committee determines that there are reasonable grounds to declare a party as a designated party under this section, it shall direct the Secretary for Home Affairs to immediately declare the party as a designated party.

(5) The Secretary for Home Affairs shall, on the direction of the National Sanctions Committee under subsection (4), immediately declare that party as a designated party.

(6) Where the Secretary for Home Affairs submits a request for designation and freezing of funds or other assets to another country, he shall provide in the request as much identifying information, and specific information supporting the designation, as available.

(7) A declaration under this section shall not be conditional upon the existence of criminal proceedings and shall operate without prior notice to the proposed designated party.

11. Dissemination of declaration

(1) Where the Secretary for Home Affairs declares a party as a designated party under section 9(2) or 10(5), the National Sanctions Secretariat shall immediately – (a) give public notice, in such manner as the National Sanctions Committee may determine, of such declaration; and (b) direct FIU to forthwith disseminate such declaration to the supervisory authorities, the investigatory authorities, the reporting persons, and any other relevant public or private agency.

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(2) Notwithstanding subsection (1), any duty, obligation and prohibition under sections 23, 24 and 25, where applicable, shall apply forthwith but not later than 24 hours after notice is given under subsection (1)(a).

Amended by [Act No. 3 of 2026]

12. List of designated parties

The National Sanctions Secretariat shall keep and maintain a list of parties declared as designated parties and shall, as and when a party is declared as a designated party under this Act, cause the name and relevant particulars of that party to be inserted in the list.

13. Designated party to be notified

(1) Where the Secretary for Home Affairs declares a party as a designated party, he shall issue a notice, in such manner as he may determine, to that party informing him or it of the following – (a) the grounds for declaration; (b) the information relied on in making the declaration, with the exception of information which, in the opinion of the National Sanctions Committee, should not be disclosed on the grounds of national security; (c) the duration of the declaration; (d) details of the freezing order and any prohibition imposed under this Act; (e) the right to make an application for judicial review in accordance with this Act; and (f) any other information that he may determine.

(2) Where a designated party is a citizen of Mauritius or resident of Mauritius, or is registered or incorporated in Mauritius, the National Sanctions Secretariat shall cause the notice issued under subsection (1) – (a) to be served at the designated party’s last known residence address or business address in Mauritius, as the case may be; and (b) to be published in the Gazette and in 2 newspapers having wide circulation.

Amended by [Act No. 15 of 2021]

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14. Review of declaration by National Sanctions Committee

(1) The National Sanctions Committee shall, regularly, but not later than 12 months after a declaration made under section 9 or 10, review whether such declaration continues to meet the criteria for declaration under this Act.

(2) Where the National Sanctions Committee determines that a declaration no longer meets the criteria for declaration under this Act, the Secretary for Home Affairs shall, on the direction of the National Sanctions Committee, cause the name and other particulars of the designated party to be removed from the list of designated parties.

(3) The National Sanctions Secretariat shall, immediately after the name and other particulars of the designated party has been removed from the list of designated parties – (a) give public notice, in 2 newspapers having wide circulation and in such other manner as the National Sanctions Committee may determine, of such changes to the list of designated parties; (b) direct FIU to immediately disseminate such changes on the list of designated parties to the supervisory authorities, the investigatory authorities, the reporting persons and any other relevant public or private agency; and (c) cause notice to be served at that party’s last known residence address or business address in Mauritius, as the case may be.

15. Judicial review of declaration by Supreme Court

(1) A designated party may make an application to the Supreme Court for a judicial review of the declaration in accordance with Sub-part VIA of Part II of the Courts Act.

(2) For the purpose of this section, the Supreme Court shall examine, in camera, any security or intelligence reports or other information or evidence considered by the National Sanctions Committee and these reports, information or evidence shall not, for security reasons, be disclosed to any other person, including the designated party or its legal representatives.

Amended by [Act no. 3 of 2026]

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PART IV – LISTED PARTIES

16. Listing proposals

(1) The National Sanctions Committee shall be responsible for identifying a party which meets the listing criteria to be listed as a listed party on a United Nations Sanctions List.

(2) (a) The National Sanctions Committee may, for the purpose of subsection (1), consult and seek assistance from any public sector agency, or other States or United Nations entities, as may be necessary to determine whether, on reasonable grounds, there is sufficient evidence to support the listing of a party on a United Nations Sanctions List. (b) Notwithstanding any other enactment, a member of the National Sanctions Committee or a public sector agency shall furnish to the National Sanctions Committee any information, including confidential material, as may be required to assist the National Sanctions Committee in identifying a party under subsection (1). (c) Notwithstanding any other enactment, where, at any time, a public sector agency receives or otherwise becomes aware of any information relevant to the listing of a party as a listed party on a United Nations Sanctions List, the public sector agency shall forthwith transmit that information to the National Sanctions Committee.

(3) Where there are reasonable grounds to believe that a party meets the relevant listing criteria, the National Sanctions Committee shall direct the Secretary for Home Affairs to propose to the relevant United Nations Sanctions Committee, through the diplomatic channel, the name of a party which meets the listing criteria.

(4) A proposal for listing under this section shall not be conditional upon the existence of criminal proceedings and shall operate without prior notice to the proposed listed party.

(5) The Secretary for Home Affairs shall, in proposing the name of a party under subsection (3) to the relevant United Nations Sanctions Committee – (a) follow the procedures, including using standard forms for listing, contained in or as may be adopted pursuant to any relevant United Nations Security Council Resolution; (b) to the extent possible, provide as much relevant information on the proposed party, including – (i) sufficient identifying information to allow for the accurate and

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positive identification of the party, and to the extent possible, the information required by the International Criminal Police Organisation (Interpol); (ii) a statement of case which contains as much detail as possible on the basis of the listing, including specific information supporting a determination that the party meets the relevant listing criteria, the nature of the information, supporting information or documents that can be provided, and details of any connection between the proposed party and any currently listed party; and (iii) such other relevant information as may be required under any United Nations Security Council Resolution; and (c) specify, where applicable, whether the relevant United Nations Sanctions Committee may not make known the status of Mauritius as a designated State.

(6) Any information given under this section shall be given subject to conditions restricting the use and disclosure of the information imparted to the relevant United Nations Sanctions Committee, provided that the statement of case referred to in subsection (5)(b)(ii) shall, upon request, be disclosed by the relevant United Nations Sanctions Committee, except for the parts the National Sanctions Committee identifies as being confidential.

17. Notification of listing

(1) Where a listed party is a citizen of Mauritius or resident in Mauritius, or is incorporated or registered in Mauritius, the National Sanctions Secretariat shall, in such manner as it may determine, notify the listed party of such listing pursuant to the relevant UNSCR.

(2) A notification under subsection (1) shall include – (a) the narrative summary of reasons for listing; (b) a description of the effects of listing, as provided in the relevant United Nations Security Council Resolutions; (c) the relevant United Nations Sanctions Committee’s procedures for considering delisting requests, including, in the case of the ISIL (Da’esh) and Al-Qaida sanctions regime, the possibility of submitting such a request to the Ombudsperson; and