Integrity Reporting Services Agency

PART II – 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.
4. For the purpose of subsection (3), the Agency may appoint an independent service provider to set up a dedicated National Integrity Website and a hotline to receive reports and disclosures.
5. The Agency shall be managed by a Director who shall be a professional accountant or law practitioner with substantial post qualification and managerial experience, to be appointed by the President, on the advice of the Prime Minister, for a period of 3 years and on such terms and conditions as the President may determine.
6. The Agency shall employ such employees and consultants on such contractual terms and conditions as it may determine.
7. The Agency may, with the approval of the Minister, make use of the services of an officer of the Ministry to assist the Agency in the discharge of its functions.
8. Every employee and consultant shall be under the administrative control of the Director.

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.
2. The Agency shall, after making such enquiry as it may determine following a request made under subsection (1)(a), report the matter to the Board.
3. Where the Agency has reported a matter to the Board, it shall not initiate any action in respect of that matter, unless directed by the Board.
4. The Director may delegate any of his powers under this Act to any other employee.
5. The Agency shall act and sue, and be sued under its corporate name.
6. Service of process by or on the Agency shall be sufficient if made on behalf of or on the Director.
7. No deed, cheque or other document shall be executed or signed by or on behalf of the Agency unless it is signed by the Director.

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.
3. The Agency may, in furtherance of its objects and functions, enter into any agreement or arrangement for the exchange of information with a public sector agency, a foreign supervisory institution, a law enforcement agency or an international organisation, where the Agency is satisfied that the public sector agency, the foreign supervisory institution, the law enforcement agency or the international organisation, as the case may be, has the capacity to protect the confidentiality of the information imparted, in case such a condition of confidentiality is imposed by the Agency.
4. Notwithstanding any duty of confidentiality or any other provision under any other enactment, every public sector agency, other than the Financial Intelligence Unit or the Counter terrorism Unit, shall exchange with the Agency any information which the Agency determines is relevant for the purpose of discharging its functions under this Act.

Amended by [Act No.13 of 2019]

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, for a period of 3 years and on such terms and conditions as the President may determine.
2. The Board shall meet as often as is necessary but, where possible, not less than once every month and at such time and place as the Chairperson may determine.
3. Any member who –
   1. has any direct or indirect financial interest in any matter to be considered by the Board shall, immediately after the relevant facts have come to his knowledge, disclose in writing the nature of the interest to the Minister and shall not be present during any deliberation, or take part in any decision, of the Board with respect to that matter;
   2. has or acquires, in any enterprise in Mauritius or elsewhere, any direct or indirect financial interest in any matter which arises before the Board, shall inform the Minister in writing of such fact.

Amended by [Act No.13 of 2019]

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.
2. Notwithstanding any other enactment, the Board –
   1. shall, in case of concurrent jurisdiction with an enforcement authority, prevail in relation to any action relating to the confiscation of property;
   2. may request from an enforcement authority any information it considers relevant for the purposes of discharging its duties under this Act;
   3. may call from any person for the communication or production of any relevant record, document or article.
3. Any person who receives a request under subsection (2)(b) or (c) shall, within 14 days, comply with the request.
4. Where an enforcement authority has already instituted any proceedings in connection with the confiscation of property, the Board may, after consultation with the enforcement authority –
   1. request the enforcement authority to stay action;
   2. direct the Agency to institute action for the confiscation of property pursuant to this Act.
5. 1. Subject to paragraph (b), where suspected unexplained wealth is the subject of concurrent reports to an enforcement authority, the Board may, after consultation with the enforcement authority, direct the Agency to initiate action on the report to the exclusion of other bodies.
   2. Where the Board determines that the report submitted by the Agency discloses reliable evidence of underlying criminal activity, it shall refer the matter to the relevant enforcement authority.
   3. Where the Board determines that the Agency shall initiate action on the complaint, no further action for the confiscation of property shall be taken thereon by an enforcement authority.

Amended by [Act No.13 of 2019]

8A. Termination of appointment

1. The appointment of the Director or any member may be terminated by the President for inability to discharge the functions of his office, whether arising from infirmity of body or mind or from any other cause, or for misconduct, and shall not be so terminated except in accordance with subsection (2).
2. The appointment of the Director or any member shall not be terminated except where the question of terminating his appointment has been referred to a Judge, to be appointed by the President, and the Judge has, after giving a hearing to the Director or member, advised that the appointment of the Director or member ought to be terminated for inability or misconduct, as the case may be.

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;
   8. the Governor of the Bank of Mauritius;
   9. an integrity reporting officer nominated by a public interest entity; or
   10. an officer of a statutory corporation, or body corporate, has reasonable ground to suspect that a person has acquired unexplained wealth, he shall make a written report of the matter to the Agency.
2. Where any other person has reasonable ground to suspect that a person has acquired unexplained wealth, he may make a written report of the matter to the Agency.
3. Any person who makes a report under subsection (1) or (2) shall, as far as is reasonably possible, assist the Director in any enquiry which he may conduct in relation to the matter disclosed.

Amended by [Act No.13 of 2019]

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.

Amended by [Act No.13 of 2019]

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.