Preliminary

3. Application of Act

1. This Act shall bind the State.
2. This Act shall apply to the property of citizens of Mauritius.
3. This Act shall be in addition to, and not in derogation from –
1. Chapter IX of the Constitution;
2. the Asset Recovery Act;
3. the Financial Intelligence and Anti-Money Laundering Act; and
4. the Prevention of Corruption Act.

Integrity Reporting Services Agency

4. Integrity Reporting Services Agency

1. There is established for the purposes of this Act an Integrity Reporting Services Agency.
2. The Agency shall be a body corporate.
3. The Agency shall operate as the focal point for –
1. receiving reports and disclosures of positive acts of good governance and integrity, acts of malpractices and unexplained wealth; and
2. evaluating and processing any such report or disclosure.

Integrity Reporting Services Agency

5. Powers of Agency

1. 1. On receipt of a report under section 9(1) or (2), or on its own initiative, the Agency may, in writing, request any person to explain, by way of affidavit within 21 working days or any such longer period which the Director may determine, the source of any funds which the person owns, possesses, has custody or control of, or which are believed to have been used in the acquisition of any property.
   2. Where the Agency does not receive a reply within the period specified in paragraph (a), it shall apply for a disclosure order under section 13.

Integrity Reporting Services Agency

6. Exchange of information and mutual assistance

1. Notwithstanding any other enactment, the Agency may exchange with any other public sector agency any information relevant for the purpose of discharging its functions under this Act.
2. Any information given by the Agency to another public sector agency under subsection (1) may be subject to conditions specified by the Agency, including conditions restricting the use and disclosure of the information imparted.

Integrity Reporting Services Agency

7. Integrity Reporting Board

1. There shall be an independent and impartial Integrity Reporting Board which shall consist of –
1. a Chairperson, who shall be a retired Judge of the Supreme Court of Mauritius or of any other Commonwealth State, to be appointed by the President, on the advice of the Prime Minister; and
2. 2 other members who shall be persons having sufficient knowledge and experience in the field of law, accountancy, finance, financial services, public administration, economics or fraud detection, to be appointed by the President, on the advice of the Prime Minister,

Integrity Reporting Services Agency

8. Functions of Board

1. The functions of the Board shall be, where a report has been made to it pursuant to section 5(2), to determine –
1. whether an application for an Unexplained Wealth Order shall be made;
2. what further action, if any, shall be taken in respect of the report; and
3. whether any person deserves a reward and the quantum thereof.

Integrity Reporting Services Agency

9. Duty to report unexplained wealth

1. Notwithstanding any duty of confidentiality or any other provision under any other enactment, where, in the exercise of his functions –
1. the Commissioner of Police;
2. a judicial officer;
3. the Ombudsman;
4. the Director of Audit;
5. the Director of the Financial Intelligence Unit;
6. the Director-General of the Independent Commission Against Corruption;
7. the Director-General of the Mauritius Revenue Authority;

Integrity Reporting Services Agency

10. Promoting integrity and reward system

Where the Agency is of the opinion that a public body, body corporate or any other person has –

1. encouraged a culture of good governance and integrity reporting in Mauritius;
2. stimulated integrity reporting in the public and private sectors;
3. made positive reports of acts of good governance and integrity; or
4. disclosed matters which have led to the confiscation of unexplained wealth, it shall make a report to the Board and recommend a reward.

Integrity Reporting Services Agency

11. Good Governance and Integrity Reporting campaign

The Agency shall, in consultation with the Ministry, set up and oversee Good Governance and Integrity Reporting campaigns to enhance the standing of Mauritius as an international financial centre of excellence of unimpeachable integrity with the object of attracting investment.