قانون الجمارك لعام 1988 (القانون رقم 47 لعام 1988 المعدل حتى القانون رقم 1 لعام 2020), موريشيوس, WIPO Lex

النصوص الرئيسية

بالإنكليزية Customs Act 1988 (Act No. 47 of 1988, as amended up to Act No. 1 of 2020)

Customs Act 1988 (as amended up to Act No. 1 of 2020)

CUSTOMS ACT

Act 47 of 1988 – 1 January 1989

PART I - INTRODUCTION

1. Short title

2. Interpretation

PART II - ADMINISTRATION

4. Oaths

4A. Uniform

5. Power to hold inquiries

6. Working days and hours

7. Overtime charges

7A. Act or thing in respect of a validated bill of entry passed before 3 years

PART III - COLLECTION AND MANAGEMENT OF DUTY, EXCISE DUTY AND TAXES

Sub-Part I - Computation, Payment and Recovery of Duty, Excise duty and Taxes

8. Payment of duty, excise duty and taxes

9. Duty rate

9A. Time limit for proceeding with validated bill of entry by importer

9B. Deferred payment in respect of VAT on capital goods

9C. Time limit for proceeding with validated bill of entry by exporter

10. Weights and measures

11. Tare allowance

12. Derelict goods dutiable

13. Payment of duty, excise duty and taxes on manifested goods

14. Recovery of duty, excise duty and taxes

14A. Penalty for late payment of unpaid duty, excise duty and taxes

14B. Interest on late payment of unpaid duty, excise duty and taxes

15. Payment under protest

Sub-Part II - Valuation and Invoices

16. Delivery of documents with entry

16A. Use of computer system

16B. Facilities to qualified TradeNet users

16C. Agency Cooperation

16D. Coordinated Border Management Unit

17. Powers of Director-General over documents

18. Mode of ascertaining ad valorem duties

18A. Transaction value of goods

18B. Transaction value of identical goods

18C Transaction value of similar goods

18D. Deductive method of valuation

18E. Computed method of valuation

18F. Fall back method of valuation

19. Under or over valuation of goods

19A. Confidentiality

19B. Rulings

20. Disputes relating to classification or origin of goods

Sub-Part III - Temporary admission, duty-free shops and refunds

21. Conditions for temporary admission of goods

21A. Inward Processing

22. Goods imported for sale to visitors or departing citizen of Mauritius

22A. Accounting of goods to be warehoused in a duty-free shop or shop under Deferred Duty and Tax Scheme

23. Refunds

24. Erroneous refund or reduction

24A. Non-payment or underpayment of duty, excise duty and taxes

PART IV - CONTROL, EXAMINATION, ENTRIES AND SECURITIES

25. Customs control of goods

25A. Risk Management

25B. Clearance of goods for home consumption and post control

26. Minimum size of ships

27. Rights of examination and cost

28. No Customs liability

29. Goods imported or exported by post or courier

30. Entries for import

31. Form prescribed for export

32. Passengers' and crew's luggage

33. Holder of a draft

34. Particulars of bill of entry

35. Making of entries

36. Passing of entries

37. Provisional entry

38. Perfect entry

39. Power to require security

40. Production of security

41. Fresh security

42. General bonds

43. Cancellation of security

43A. Record

PART V: REPORT OF AIRCRAFT AND SHIPS AND IMPORT OF GOODS

Sub-Part I - Boarding of Aircraft and Ships

44. Ship to enter ports

45. Ship to bring to on being signaled

46. Ship or aircraft to bring to at boarding station

47. Unauthorised boarding

48. Declaration by owner of pleasure boat

49. Cargo report

50. Manifest for other ports

51. Master of wrecked ship to report

52. Tonnage of ships

53. Master's name on ship's register

Sub-Part II - Report of Cargo

Sub-Part III - Landing, Entry and Examination of Goods

54. Landing of goods

55. Loading and unloading of goods

56. Accommodation at ports and airports

57. Return by Mauritius Ports Authority

58. Return for landing aircraft

59. Removal of goods landed from aircraft

60. Repacking of goods

61. Disposal of goods

PART VI - PROHIBITED GOODS

62. Prohibition of certain imports and exports

63. Prohibited imports

64. Export subject to restriction

65. Prohibited imports consigned to other places

66. Restricted imports

PART VIA – INFRINGEMENT OF PATENT, INDUSTRIAL DESIGN, COLLECTIVE MARK, MARK OR

COPYRIGHT

66A. Application for suspension of clearance of goods

66B. Decision in respect of application

66C. Duration of suspension

66D. Inspection and taking of samples

66E. Interpretation of this Part

PART VII - BONDED WAREHOUSES

67. Appointment of warehouses by Director-General

67A. Specified bonded warehouses

68. Appointment of central bonded warehouse

69. Goods to be cleared on revocation

70. Bond by proprietor or occupier

71. Account of goods to be warehoused

72. Duty of proprietor or occupier

73. Opening warehouse

74. Entry of warehoused goods

74A. Goods in bonded warehouse when sold or transferred

75. Repealed by Act 26/12

76. Period of Warehousing

77. Failure to clear warehoused goods

78. Repealed

79. Director-General to have access to warehouse

80. Re-examination of goods

81. Revaluation

82. Goods may be sorted and repacked

83. Goods not worth the duty may be destroyed

84. Constructive warehousing

PART VIII - CUSTOMS WAREHOUSES

85. Appointment of customs warehouse

86. Goods lodged in customs warehouse

87. Rent to be charged

88. Combustible or inflammable goods

89. Control of customs warehouse

90. Compensation

PART IX - EXPORT OF GOODS AND CLEARANCE OF AIRCRAFT AND SHIPS

91. Landing place of goods for export

91A. Outward Processing

92. Conditions of export

93. Short shipped goods

94. Clearance certificate

95. Requisites for obtaining clearance

96. Missing goods to be accounted for

PART X - SHIP'S STORES

97. Stores subject to seal

97A. Customs-Approved Storeroom

98. Use of ship's stores

99. Surplus stores

100. Shipment of stores

101. Duty on stores

102. Amount of stores may be restricted

103. Repealed by Act 26/12

104. Stores under seal

105. Penalty for breaking the seal

105A. Bunker fuel

PART XI - DRAWBACK

106. Drawback allowed on re-export

107. Application by actual exporters

108. When no drawback allowed

109. Standard drawback rates

PART XII - GOODS FOR TRANSIT OR TRANSHIPMENT

110. Transit or transhipment

111. Coasting aircraft or ship

112. Foreign aircraft or ships in coasting trade

113. Officers may board

114. Goods entered outwards without landing

115. Bond for stores

116. Goods to be carried coastwise

PART XIII - COASTING TRADE

PART XIIIA - RODRIGUES DEVELOPMENT ZONE

116A. Application of PART XIIIA

116B. Specified goods entering the Island of Rodrigues

116C. Specified goods leaving the Island of Rodrigues

116D. Report of ship or aircraft

116E. Offences and penalties

PART XIV - AGENTS AND BROKERS

117. Authorised persons

118. Execution of bond

119. Requisites for agents and brokers

119A. Duties and obligations of a freight forwarding agent or broker

120. Appointment and revocation of Customs clerk

121. No entry of goods by unauthorised persons

122. Authority may be required

123. Liability of agents and brokers

124. Liability of owner for acts of agent or his own employee

PART XV - POWERS OF OFFICERS

Sub-Part I - General

125. Power of Director-General to enforce customs laws

125A. Power to waive penalty, interest, surcharge or rent

125B. Statements of Practice

126. Power of officers to enforce laws relating to customs

127. Power to examine all goods

127A. Production of books and records

127B. Power to access computers and other electronic devices

128. Power to board and search aircraft or ship

129. Patrol of coasts

130. Boats to be moored in any place

131. Power to question

131A. Physical cross-border transportation

132. Detention and search of suspected persons

133. Power to stop vehicles within customs area

134. Power to stop vehicles outside customs area

135. Search warrant

136. Power to take assistance

137. Arrest of persons

138. Impounding of documents

139. Further proof of proper entry

140. Translation of foreign documents

141. Customs samples

142. Officers may board ships hovering on coast

Sub-Part II - Legal Proceedings

143. Notice of seizure to be given

144. Seized goods to be sold by public auction or public tender

145. Value of goods seized

146. Security may be given for goods seized

147. Burden of proof

148. Proceedings for recovery of duty, excise duty and taxes

149. Security to abide by decree of court

Subpart III Protection to Officers

150.

PART XVI - PENAL PROVISIONS

Sub- Part I - Seizures and Forfeitures

151. Seizure of goods

152. Seizure of modes of transport

153. Seizure of goods and packages

Sub-Part II - Various Offences and Penalties

154. Penalties applying to owner of aircraft or ship

155. Collusion

156. Smuggling and other prohibited activities

156A. Selected prohibited goods

157. Shooting offences

158. Customs offences

158A. Admissibility of documents produced by computers

159. Joint and several liability to penalties

160. Other penalties

161. Jurisdiction

PART XVII - SETTLEMENT OF CASES BY DIRECTOR-GENERAL

162. Compounding of Offences

PART XVIII - POWERS OF MINISTER

163. Regulations

164.

PART XIX - MISCELLANEOUS

165. Commissioned aircraft or ships

166. Rewards

167. Application of penalties

168. Transitional provisions

169. Consequential amendments

170. Commencement

FIRST SCHEDULE

SECOND SCHEDULE

An Act

To make provision relating to the administration of Customs and the collection of duty, excise

duty 1 , levy and other taxes.

ENACTED in the Parliament of Mauritius as follows-

PART I - INTRODUCTION

1. Short title

This Act may be cited as the Customs Act. 2

2. Interpretation

In this Act and in any other Act relating to Customs, 3 -

―abandoned goods" means goods which are not claimed or removed from customs control

within the 4 specified in section 61;

―agent‖ 5

(a) means a freight forwarding agent appointed under this Act;

(aa) 6

includes a person holding a postal service licence or a courier service licence

under the Postal Services Act, appointed as freight forwarding agent under

this Act; and

(b) in relation to the master or owner of an aircraft or ship, includes any person

who notifies the 7 Director-General in writing that he is entitled to act as the

agent and who, or on whose behalf any person authorised by him, signs any

document required or permitted by customs laws to be signed by an agent;

"aircraft" includes balloon, helicopter, kite, glider, airship, flying machine and any other

means of aerial locomotion;

―airport" means 8 such airport as may be prescribed;

―approved place of loading" and "approved place of unloading" means 9 a place approved by

the Director-General to be a place where goods may be loaded or unloaded, as the case may

be;

10 ―Authority‖ means the Mauritius Revenue Authority established under the Mauritius

Revenue Authority Act 11

;

12 ―bonded vehicle‖ has the same meaning as in regulation 14A (2) of the Customs

Regulations 1989;

"bonded warehouse" means any place whether building, store, shed, yard, dock, storage

tank, 13

showroom or other premises 14

, approved by the Director-General in which goods

entered to be warehoused may be lodged, kept or secured pending payment of duty, 15

excise

duty 16

or taxes; and includes any central bonded warehouse;

―broker" means a 17

licensed customs house broker appointed under this Act;

―by authority" means by the authority of the Director-General;

―cargo" includes all goods imported or exported in any aircraft or ship other than such

goods as are required as stores for consumption or use by or for the aircraft or ship, its

master, crew and passengers and the bona fide personal accompanied baggage of such

passengers, crew and master;

18 ―clearance‖ means the accomplishment of customs and other Government agencies

formalities necessary to allow goods to enter for home consumption, to be exported or to be

placed under another customs procedure;

―coastwise trade" means the trade by air or by sea from any one part of Mauritius to any

other part;

―commission agent" means a 19

licensed person appointed under this Act;

20 ―container‖

(a) means an article of transport equipment -

(i) of a permanent character and strong enough to be suitable for

repeated use;

(ii) specially designed to facilitate the carriage of goods by one or more

modes of transport without intermediate reloading;

(iii) fitted with devices permitting its ready handling, particularly its

transfer from one mode of transport to another;

(iv) so designed as to be easy to fill and empty;

(v) having an internal volume of one cubic metre or more; and

(b) includes the normal accessories and equipment of the container when

imported with the container;

21 ―country of export‖ means –

(a) the country from which goods are shipped directly to Mauritius; or

(b) the country from which goods are exported to Mauritius and passing through

any other country on their voyage to Mauritius whether transhipped in that

other country or not;

―crew" includes every person, other than the master, employed or engaged in any capacity

on board any aircraft or ship;

"Customs" means the Customs and Excise Department;

―customs area", in respect of a port or an airport, means an area approved by the Director-

General for the landing of passengers and the deposit of goods subject to customs control;

―customs control" means any measure applied to ensure compliance with the laws and

regulations, the enforcement of which is the responsibility of Customs;

22 ―customs laws‖ –

(a) means this Act; and

(b) includes –

(i) the Customs Tariff Act;

(ii) the Excise Act; and

(iii) any other enactment relating to customs control or to a tax;

―customs warehouse" means any place belonging or rented to the 23

Authority, and used as a

customs warehouse for the deposit of goods, including abandoned, seized or forfeited

goods, pending the payment of duty, excise duty and taxes or charges payable or pending

the disposal of such goods, in accordance with any enactment in force;

24 25 ―Deferred Duty and Tax Scheme‖ means such scheme as may be prescribed, whereby

any shop under that scheme may -

(a) export goods without payment of duty, excise duty and taxes; and

(b) sell goods -

(i) mainly to visitors, to a duty-free shop or to another shop under that

scheme 26

, to a departing citizen of Mauritius, to a diplomatic agent,

or to a master or member of a crew leaving for a foreign port or

airport, without payment of duty, excise duty or taxes; and

(ii) to other persons upon payment of duty, excise duty or taxes;

27 ―departing citizen of Mauritius‖ means a citizen of Mauritius who holds –

(a) a valid passport; and

(b) a valid ticket for travel by air or sea to a foreign airport or port;

28 ―Director-General‖ means the Director-General of the Authority;

29 ―document‖ includes –

(a) a book of account, a record, a bank statement, an invoice, a bill of lading, a

bill of entry, a contract or an agreement; and

(b) any information or data stored on a mechanical or electronic data storage

device, together with access to the technology, enabling information in

electronic form to be retrieved;

"drawback" means a refund of all or part of any duty or excise duty paid in respect of goods

exported or used in a manner or for a purpose prescribed as a condition for granting

drawback;

"dutiable goods" include all goods subject to any duty, excise duty, taxes or related charges;

30 31 ―duty‖ -

32 33 (a) means any duty leviable under this Act and the Customs Tariff Act;

and

(b) 35

includes -

(i) any special duty or surcharge;

(ii) any penalty and interest;

36 37 ―duty-free shop‖ means a shop, at a port or an airport, approved by the Director-

General, for the sale of goods, free of duty, excise duty or taxes, to –

(a) a passenger leaving for, or arriving from, a foreign port or an airport;

(b) a master or member of a crew leaving for a foreign port or an airport;

(d) a shop under the Deferred Duty and Tax Scheme;

38 39 ― ―duty paid value”

40 ―eligible vessel‖ means –

(a) any fishing vessel bound for a fishing expedition on the high seas;

(b) any vessel bound for a foreign port;

(d) any vessel which, for such reasons as are considered appropriate by the

Director-General of the Mauritius Ports Authority and the Director-General,

remains within the limits of the port; 41

(e) vessel involved in the supply of bunker fuel;

42 ―excise duty‖ means the excise duty chargeable under the Excise Act

43 on the excisable

goods specified in Part I of the First Schedule to that Act;

―export" means to take or cause to be taken out of Mauritius;

―exporter"-

(a) means any person by whom any goods, whether previously imported or not,

are exported;

(b) includes the owner of such goods or any person acting on his behalf;

"foreign port" means any place in a country, other than Mauritius, to which aircraft or ships

may have access;

44 ―freeport zone‖- has the same meaning as in the Freeport Act

―goods" includes, unless otherwise specified in this Act, all kinds of articles, wares,

merchandise, animals and movable property of any kind whatsoever, whether for sale or

not;

―goods under drawback" means any goods in relation to which a claim for drawback has

been made;

―import" means to bring or to cause to be brought into Mauritius from any country;

"importer", in relation to any goods at the time of import, includes the owner of the goods

or his agent or any other person for the time being possessed of or beneficially interested in

the goods;

45―inward processing‖ means the customs procedure under which goods can be imported

conditionally relieved from payment of duty, excise duty and taxes, where such goods are

intended for manufacturing, processing or repair and subsequent exportation;

46 47 ―levy‖ -

―manifest‖ means any list of goods and passengers which is established for customs

purposes, by the master of an aircraft or ship or his agent;

48 "Mauritius" –

"Mauritius 49

Ports Authority" means the Mauritius Ports Authority 50

established under the

Ports Act;

―master", in relation to any aircraft or ship -

(a) means the person in charge or in command of such aircraft or ship;

(b) does not include a person appointed for the conduct of ships into or out of a

port;

―Minister" means the Minister to whom responsibility for the subject of finance is assigned;

―name", in respect of any aircraft or ship, includes the registration mark of the aircraft or

ship;

51 ―objection directorate‖ means a directorate set up by the Director- General within the

Authority for the purposes of dealing with objections made under sections 15, 19, 20, 23,

24 and 24A;

―occupier", in relation to bonded warehouses, means any person licensed and authorized to

warehouse goods in such approved bonded warehouses;

52 ―officer" has the same meaning as in the Mauritius Revenue Authority Act

53 ;

54―outward processing‖ means the customs procedure under which goods which are in free

circulation in Mauritius may be temporarily exported for manufacturing, processing or repair

abroad and be subsequently imported with total or partial exemption from duty, excise duty and

taxes;

―owner"-

(a) in respect of goods, includes any person being or holding himself out to be

the owner, importer, exporter, consignee, agent of the goods or any person

possessed of or beneficially interested in or having control of or power of

disposal over such goods;

(b) in respect of a ship or aircraft, includes the master or other responsible

officer of the ship or aircraft and any person acting as an agent for the owner

or any charterer or operator;

―package" includes every means by which goods for carriage may be cased, carried,

enclosed, contained or packed;

―parcel" means any postal packet which is posted in Mauritius and accepted by 55

Mauritius

Post Limited as a parcel in accordance with any enactment relating to postal services, or

which is received in Mauritius from abroad by parcel post;

56 ―person" –

―pleasure boat" means any ship used for pleasure, sports and leisure activities;

―port" means 57

such port as may be prescribed;

58 ―port premises‖ has the same meaning as in the Ports Act;

59 "produce" means to grow, to manufacture or to mine;

―prohibited goods"-

(a) means any goods, the import or export of which is prohibited by law;

(b) includes any restricted goods;

―proper officer" means the officer instructed by the Director-General to be the proper

officer to carry out any specific provision of customs laws and of any other enactment, as

the case may be;

"proprietor", in relation to bonded warehouses, means an owner of any duly approved

bonded warehouse;

60 ―public notice‖ means a notice published in the Gazette, in a newspaper, in electronic

form or through any other technological means or in such other manner as the Director-

General may determine;

―quay" means 61

such quay as may be prescribed;

62 "release‖, in relation to goods, means handing over of the goods under seal or in such

other manner as the Director-General may determine, to the relevant Government agency

for onward clearance, after completion of customs formalities;

63 ―relief consignments‖ means-

(a) goods, including foodstuffs, medicaments, clothing, blankets, tents,

prefabricated houses, water purifying and water storage items or other goods

of prime necessity, forwarded as aid to persons affected by disaster; and

(b) all equipment, vehicles and other means of transport, specially trained

animals, provisions, supplies, personal effects and other goods for disaster

relief personnel to enable them to perform their duties and to support their

living and working in the territory of the disaster throughout the duration of

their mission;

―restricted goods" means any goods, the import or export of which is restricted by law;

―revenue" 64

, means any amount payable in accordance with the provisions of any

applicable law of Mauritius;

65 ―risk management‖ –

(a) means the systematic application of management procedures and practices which

provide Customs with the necessary information to monitor movements of persons

or consignments that present a risk; and

(b) includes collection of data and information, analysis and assessment of risk,

taking action in accordance with risk assessment, regular monitoring and review of

processes and outcomes in accordance with international best practices;

―Rs" means Mauritian rupees;

66 ―security‖ means a guarantee which is provided to the satisfaction of the Director-General

for the payment of duty, excise duty and taxes on any goods or for compliance with

customs laws, as the case may be;

―ship" includes any seagoing vessel, hovercraft or boat of any kind, including yachts,

pleasure boats or fishing boats, whether propelled by engine or otherwise, or towed;

67 ―showroom‖ , in relation to a bonded warehouse, means any fenced yard, building or part

of a building approved by the Director-General for the display of imported motor vehicles;

68 ―single window‖ means such electronic platform as the Director-General may approve

which allows economic operators involved in trade and transport to lodge standardised

information and documents with a single entry point to fulfil import, export, transhipment

or transit-related regulatory requirements;

69 ―SITA‖ means

70 Société Internationale de Transports Aéronautiques;

―smuggling" means any import, introduction, export or attempted import, introduction or

export of goods with the intent 71

to-

7273 74 (a) defrauding or evading the payment of duty, excise duty, taxes and other

payable charges, as the case may be; or

(b) evading any prohibition of, restriction on, or regulation as to, the import,

introduction or export of any goods;

"taxes" 75

includes –

76 77 (a) VAT on import levied under any enactment relating to value added tax;

and

78 79 (b) any other tax or levy , the collection of which is the responsibility of

Customs;

"temporary admission" means the import, for a specific purpose, of goods intended for re-

export within a specified period and without having undergone any change except normal

depreciation due to the use made of such goods;

―time", in relation to import or export respectively, means -

(a) the time at which an aircraft or ship actually lands in Mauritius or the time at

which any such ship or aircraft enters Mauritius;

(b) the time at which goods are loaded on board an exporting aircraft or ship;

80 ―TradeNet‖ means the Electronic Data Interchange network system or such other

electronic system operated by an organisation as may be approved by the Minister for the

secured transmission of electronic declarations, trade documentation and related

transactions in connection with the import or export of goods under this Act and with the

making of entries in respect of excisable goods under the Excise Act, and for payment of

duty, excise duty and taxes;

81 "transaction value", in relation to imported goods, means the transaction value as

determined in accordance with section 18A;

82 ―transhipment‖ means the transfer of goods under customs control from the importing

means of transport to the exporting means of transport;

83 ―Unified Revenue Board‖ –

―value"-

(a) in respect of the computation of any duty, means the value as determined in

accordance with section 18 of this Act;

(b) in respect of any penalty or forfeiture imposed under this Act and based

upon the value of any goods, means 84

the duty, excise duty and taxes

underpaid, if any, on those goods at the time and place of the commission of

the offence by which the penalty or forfeiture is incurred;

85 ―VAT‖ means VAT referred to in section 9(5) of the Value Added Tax Act;

―vehicle"

(a) means any means of conveyance of any kind, whether drawn or propelled by

hand, by animal, by power or by steam;

(b) does not include any aircraft or a ship;

86 ―visitor‖ means a person holding –

(a) a foreign passport; and

(b) a valid ticket for travel by air 87

and sea to a foreign port or airport;

―wharf" means 88

such wharf as may be prescribed.

PART II - ADMINISTRATION

89 3.

4. Oaths

The 90

Director-General shall be entitled to administer any oath required by law in any

matter relating to Customs.

91 4A. Uniform

Every proper officer shall, whilst on duty, wear such uniform as may be prescribed unless

otherwise authorised by the Director-General.

5. Power to hold inquiries

(1) The 92

Director-General may hold any inquiry or may direct an inquiry to be held

into any matter under his responsibility and management, or into the conduct of 93

any officer.

(2) Whenever he thinks it necessary or desirable so to do for the purposes of this Act,

the Director-General may, by 94

Order, require any person to attend as a witness and

give evidence, produce any document in his possession or power or otherwise

furnish information, which relates to any matter relevant to the inquiry.

(3) Where any 95

document is produced pursuant to subsection (2), the Director-General

may take copies of or extracts from 96

it or require the person producing it or any

connected person to provide an explanation of any such document.

(4) Where a person is unable to produce a document, he may be required to state, to the

best of his knowledge, where the document is.

(5) Any person who fails to comply with an Order under subsection (2) or with

subsection (3) or subsection (4), shall commit an offence and shall, on conviction,

be liable to a fine not exceeding 25,000 rupees.

(6) Any person who, when heard as a witness in any such inquiry, gives false evidence

shall commit an offence and shall, on conviction, be liable to imprisonment for a

term not exceeding 2 years.

6. Working days and hours

The working days and hours of Customs shall be such as may be prescribed and, except

with the permission of the 97

Director-General, no work connected with the discharge,

landing, loading or receipt of any cargo shall be performed outside the prescribed working

days and hours.

7. Overtime charges

Where work is permitted by the 98

Director-General to be performed outside the prescribed

working days and hours, the services of the officers involved shall be charged for at such

rates as may prescribed.

99 7A. Act or thing in respect of a validated bill of entry passed before 3 years

(1) Notwithstanding section 24A and any other customs law, the Director-General shall

not, in relation to the liability of a person to pay any amount of duty, excise duty

and taxes-

(a) require any information or return; or

(b) make any assessment or claim,

under the customs laws in respect of a validated bill of entry passed before a period of 3

years, unless the Director-General applies ex parte for and obtains the authorisation of the

Independent Tax Panel under the Mauritius Revenue Authority Act.

(2) An authorisation under subsection (1) shall be granted where the Director-General

establishes to the satisfaction of the Independent Tax Panel that there is prima facie

evidence of fraud.

(3) In an application under subsection (1), the Director-General shall specify the period

in respect of which he proposes to do the act or thing referred to in subsection (1).

PART III - COLLECTION AND MANAGEMENT OF DUTY, 100

EXCISE DUTY AND

TAXES

Sub-Part I - Computation, Payment and Recovery of Duty, Excise duty and Taxes

8. Payment of duty, excise duty and taxes

(1) All duty, excise duty and taxes shall, subject to section 9A, 101

be paid at the rate

specified upon all goods entered unless such goods are entered to be warehoused in

a bonded warehouse or are free of duty, excise duty and taxes.

102 103 (2) Notwithstanding subsection (1), payment of duty, excise duty and taxes on such type

of petroleum products imported by the State Trading Corporation as the Minister

may approve, shall be effected within –

(a) a period of 30 days of the date of importation of such products;

(b) a period of 30 days after removal of such products for home consumption

from a bonded warehouse or freeport zone, as the case may be; or

9. Duty rate

104 105 106 (1) Subject to section 3 of the Revenue (Temporary Protection) Act , the rate of

duty applicable to any goods shall be that in force in the Customs Tariff Act, at the

time the bill of entry is validated at Customs.

(2) For the purpose of subsection (1), validation occurs when a bill of entry number is

allotted at Customs and inscribed on such bill of entry.

(3) Notwithstanding subsections (1) and (2), in the case of goods for which no bill of

entry is required, the rate of duty applicable to such goods shall be that in force in

the Customs Tariff Act, at the time of the delivery or removal or export of such

goods, as the case may be.

107 108 109 110 111 112 113 9A. Time limit for proceeding with validated bill of entry by

importer

(1) Subject to this section, an importer shall submit his bill of entry from the time the

partial or the full and complete inward manifest is submitted under section 49 and not later

than 5 working days after the time the vessel is berthed at the wharf or the aircraft has

landed, as the case may be.

(2) Pursuant to section 9(2), an importer shall pay any duty, excise duty and taxes in

respect of that bill of entry, within 14 working days of the date of validation.

(3) Notwithstanding subsection (2), where goods are entered and cleared by an SME or

a VAT registered person, the duty, excise duty, taxes and any fees or charges leviable on

the goods cleared shall be paid –

(a) in the month of June, not later than 2 working days before the end of that

month; and

(b) in any other month, not later than 16 working days 114

after the end of that

month,

provided that the SME or VAT registered person gives a security, by bond under sections

39 and 42, to cover the deferred payment and the SME or VAT registered person is in

compliance with a Revenue Law under the Mauritius Revenue Authority Act.

(4) Where an importer fails to comply with subsection (1), the importer shall be liable

to pay to the Director-General a penalty representing 500 rupees in respect of each day of

non-compliance, provided that the total penalty payable does not exceed 5,000 rupees.

(5) The Director-General shall issue to the importer a written notice claiming the

amount of penalty referred to in subsection (4).

(6) (a) Any person dissatisfied with a notice under subsection (5) may object to the

notice in accordance with section 24A(3).

(b) The procedure set out in section 24A (3) and (4) shall apply to an objection

under paragraph (a).

determination of his objection, he may lodge written representations with the Clerk

of the Assessment Review Committee in accordance with section 19 of the

Mauritius Revenue Authority Act.

(7) Where an importer fails to comply with subsection (2), the Director-General shall

cancel the bill of entry.

115 9B. Deferred payment in respect of VAT on capital goods

(1) Where capital goods being plant and machinery are entered and cleared at importation

by a VAT registered person, the VAT payable may, subject to the conditions set out in

subsection (2), be deferred in accordance with section 9A of the Value Added Tax Act.

(2) For the purpose of subsection (1), the conditions shall be –

(a) the duty-paid value of the capital goods is one million rupees or more;

(b) the capital goods are to be used in the course of, or for the furtherance of, the

VAT registered person‘s business;

Revenue Laws;

(d) the VAT registered person is not under bankruptcy, liquidation or

receivership;

(e) a security, by bond, under sections 39 and 42, is furnished to cover the

deferred VAT payable; and

(f) proper books and records are kept.

(3) Any VAT registered person who fails to comply with section 9A (3) of the Value

Added Tax Act shall pay the amount of VAT due together with penalty and interest for

late payment in accordance with section 24A.

(4) In this section –

―duty-paid value‖, in relation to capital goods, means the sum of –

(a) the value of the capital goods; and

(b) the duty, excise duty and taxes payable on the capital goods.

116 9C. Time limit for proceeding with validated bill of entry by exporter

(1) Subject to this section, an exporter shall submit his bill of entry before a full and

complete outward manifest is submitted under regulation 20A(i) of the Customs

Regulations 1989.

(2) The exporter shall ensure that the goods for export are brought before the time

frame specified in subsection (1).

(3) Where a bill of entry is submitted under this section and the goods have not been

exported, the Director-General shall cancel the bill of entry within 14 days from the date of

validation.

10. Weights and measures

Where duty is imposed according to weight or measure, the weight or measurement of the

goods shall be ascertained according to the standard weights and measures established by

the laws of Mauritius.

11. Tare allowance

Such allowance for tare shall be made as is prescribed.

12. Derelict goods dutiable

All goods derelict, flotsam, jetsam or lagan which 117

are landed or saved or which come

ashore from any wreck shall be subject to the same duty as goods of the like kind on import

into Mauritius.

13. Payment of duty, 118

excise duty and taxes on manifested goods

All dutiable goods shown on the import manifest of any aircraft or ship shall be charged

with duty, excise duty and taxes, as the case may be, unless it is proved, to the satisfaction

of the 119

Director-General, that such goods were not landed in Mauritius.

14. Recovery of duty, 120

excise duty and taxes

(1) The correct amount of duty, excise duty, taxes and charges payable in respect of any

goods shall, from the time when they should have been paid, constitute a debt due to 121 122

the Authority at import or export, as the case may be, and shall be recoverable

under subsection (2A) or 123

in a Court of competent jurisdiction by proceedings in

the name of the 124

Director-General.

125 126 (1A) The amount underpaid under subsection (1) shall be recovered

together with a penalty not exceeding 127

50 per cent of the amount underpaid and

interest at the rate of 0.5 128

per cent per month or part of the month on the amount

underpaid from the time the unpaid amount should have been paid up to the date of

payment.

129 130 (1B) Repealed by Finance Act 2013

(2) Any debt due to the Authority under 131

subsections (1) and (1A) shall be secured by

a special privilege and a right of retention.

132 (2A) Part IVC of the Mauritius Revenue Authority Act shall apply to any duty, excise

duty, taxes and charges remaining unpaid under the customs laws, after

determination of any objection or representation before the Assessment Review

Committee established under section 18 of the Mauritius Revenue Authority

Act, with such modifications, adaptations and exceptions as may be necessary. 133

134 (3) For the purposes of subsection (2) –

―right of retention‖ means the right conferred on the Director-General under Article

2150-1° of the Code Civil Mauricien to retain possession of the goods until the debt

due to the Authority is paid;

―special privilege‖ has the same meaning as in Articles 2143 and 2150 of the Code

Civil Mauricien.

14A. 135

Penalty for late payment of unpaid duty, excise duty and taxes

(1) A person who fails to pay duty, excise duty and taxes under this Act shall, in addition

to the unpaid duty, excise duty and taxes, pay to the Director-General a late payment

penalty.

(2) The late payment penalty under subsection (1) shall be 5 per cent of the unpaid duty,

excise duty and taxes.

14B 136

. Interest on late payment of unpaid duty, excise duty and taxes

(1) A person who fails to pay duty, excise duty and taxes due shall, in addition to the

unpaid duty, excise duty and taxes, pay to the Director-General, interest for the period

during which the unpaid duty, excise duty and taxes remain unpaid.

(2) The interest under subsection (1) shall be charged at the rate of 0.5 per cent of the

unpaid duty, excise duty and taxes for each or part of each month for which the duty,

excise duty and taxes remain unpaid.

15. Payment under protest

137 (1) Subject to this section, where, in respect of goods declared in a validated bill of

entry, a dispute arises as to –

(a) the amount or rate of duty, excise duty, taxes or charges; or

(b) the liability of the goods to duty, excise duty, taxes or charges,

and the owner of the goods wishes to clear them from Customs, he shall pay under

protest the sum demanded by the Director-General and the sum so paid shall, as

against the owner of the goods, be taken to be the proper amount of duty, excise

duty, taxes or charges on those goods.

138139 (1A) (a) Where duty, excise duty, taxes or charges have been paid in the manner

specified in subsection (1), the Director-General shall –

(i) on payment, clear the goods; and

(ii) not later than 5 working days from the date of payment, issue to the

owner of the goods, by registered post, a notice of assessment

claiming the sum demanded under subsection (1) together with a

penalty not exceeding 140

50 per cent of the difference between the

sum demanded and the amount of duty, excise duty, taxes or charges

specified in the validated bill of entry in respect of those goods.

(b) The penalty claimed under paragraph (a)(ii) shall, subject to subsection

(2)(a), be paid to the Director-General not later than 28 days from the date of

the notice of assessment.

141 (1B) (a) Where a dispute referred to in subsection (1) is in respect of goods already

cleared by Customs, the Director-General shall, not later than 3 years from

the date of the validated bill of entry, issue to the owner of the goods, by

registered post, a notice of assessment claiming –

(i) the amount of duty, excise duty, taxes or charges underpaid;

(ii) a penalty not exceeding 142

50 per cent of the amount underpaid

referred to in subparagraph (i); and

(iii) interest on the amount underpaid at the rate of 0.5 143

per cent per

month or part of a month from the date of the validated bill of entry

to the date of payment.

(b) The amount claimed under paragraph (a) shall, subject to subsection

(2)(a), be paid to the Director-General not later than 28 days from the

date of the notice of assessment.

144 145 (2) (a) Where the owner of the goods is dissatisfied with a notice of assessment

under subsection (1A) or (1B), he may, within 28 days of the date of the

notice, object, in a form approved by the Director-General, to the sum

demanded or claimed, as the case may be, and send the form duly filled in to

the Director-General by registered post.

(b) Where the owner of the goods makes an objection under paragraph (a), he

shall specify in the form the detailed grounds of the objection.

illness or other reasonable cause, the owner of the goods has been prevented

from making an objection within the time limit specified in paragraph (a),

the Director-General may consider the objection.

(ca) Where the Director-General refuses to consider an objection made after the

time limit specified in paragraph (a), he shall, within 28 days of the date of

receipt of the letter of objection, give notice of the refusal to the person. 146

(d) Any objection under this subsection shall be dealt with independently by an

objection directorate.

147 (e) The burden of proving that any sum demanded under subsection (1A) or any

amount claimed under subsection (1B) is incorrect shall lie on the owner of

the goods.

(2A) (a) The objection directorate shall consider an objection under subsection (2)

and may -

(i) review the sum demanded 148

or amount claimed;

(ii) disallow or allow it in whole or in part; and

(iii) where appropriate, amend the sum demanded 149

or amount

claimed to conform with its determination.

(b) The Director-General shall, within 4 months of the date of receipt of the

objection under subsection (2), give notice of the determination to the owner

of the goods.

it shall be considered to have been allowed by the Director-General. 150

(2B) Where the owner of the goods is aggrieved by a determination under subsection

(2A)(a) or a decision under subsection (2)(ca) 151

, he may, within 28 days of the date

of the determination, lodge written representations with the Clerk to the Assessment

Review Committee in accordance with section 19 of the Mauritius Revenue

Authority Act.

(3) Where duty or excise duty has been paid in the manner specified in subsection (1) 152

or (1B) and as a result of the determination of an objection under subsection

(2A)(a), any amount of duty or excise duty underpaid, or paid in excess, of the

amount determined to be properly payable, shall, subject to subsection (2B), be

claimed or refunded, as the case may be.

(4) Where taxes have been paid in the manner specified in subsection (1) 153

or (1B) and

as a result of the determination of an objection under subsection (2A)(a), any

amount of taxes underpaid or paid in excess of the amount determined to be

properly payable, shall, subject to subsection (2B), be claimed, refunded or adjusted,

as the case may be.

154 (5) Any refund under this section shall carry interest, free of income tax, at the

prevailing Repo rate determined by the Bank of Mauritius.

Sub-Part II - Valuation and Invoices

16. Delivery of documents with entry

(1) With the entry of any goods, there shall be delivered, 155

subject to section 16B, to 156 157

the Director-General the original invoices, bills of lading, airway bills, 158

seaway bills or other documents of title acceptable to the Director-General, bills

of parcels, price lists, policies of insurance, letters and other documents showing the

value of the goods at the place at which they were purchased together with the

freight, insurance and other charges on the goods.

159 (2) (a) Where a document is required to be delivered under subsection (1), it shall

not be submitted with the entry of the goods but shall, subject to paragraph

(b), be kept by the person in accordance with section 43A.

160 (b) Where, in respect of the entry of any goods –

(i) a certificate, a permit or an authorisation is required under any enactment;

(ii) a document specified in the Third Schedule is required,

that certificate, permit, authorisation or document shall, unless the Director-General

directs otherwise, be scanned and sent to him.

Management System operated by the Customs Department of the Authority.

(3) All invoices and certifications shall contain such particulars as may be prescribed,

and the Director-General may refuse to accept any invoice or certification which

does not comply with the prescribed requirements.

161162163 16A. Use of computer system

Notwithstanding this Act or any other enactment, the Director-General may allow -

(a) the import or export of goods under this Act or an entry in relation to

excisable goods under the Excise Act;

(b) the submission of advance information inbound, outbound or in transit

relating to cargo or container shipments;

(d) any act or thing which is required to be done under the customs laws, 164

to be made, submitted or done electronically 165

through such computer system as may be

approved by the Director-General.

16B. Facilities to qualified TradeNet users

(1) Subject to this section, where 166

, a TradeNet user satisfies the prescribed conditions,

he shall be a qualified TradeNet user.

(2) A qualified TradeNet user –

(a) may not, after the 167

prescribed period with the entry of any goods, deliver to

the Director-General the hard copy of the electronic declaration and the

documents referred to in section 16 in respect of those goods; but

(b) shall, in respect of those goods, keep, at his business premises, in such

manner and in such form as may be prescribed, the documents referred to in

paragraph (a).

(3) Subsection (1) shall not apply where in respect of an electronic declaration, the

goods are subject to examination before delivery.

(4) Subject to this section, where in respect of the entry of any goods, a permit or

authorisation is required under any enactment for health, phytosanitary or security

reasons, a qualified TradeNet user 168

shall unless otherwise authorised, forward to

the Director-General with the entry of those goods, the scanned copy of the required

document referred to in the Third Schedule, which shall be saved in the Customs

Management System operated by the Customs Department of the Authority.

(5) Every qualified TradeNet user shall, at all reasonable times, allow a proper officer

to have access to his business premises for the purpose of examining the documents

referred to in subsection (2).

(6) Where a qualified TradeNet user fails -

(a) to satisfy the prescribed conditions pursuant to subsection (1); or

(b) to comply with subsection (5),

the facilities under subsection (2) shall, without prejudice to any action which the Director-

General may take under the customs laws, be withdrawn with effect from such date as may

be specified in a written notification by the Director-General.

(7) Where the facilities have been withdrawn pursuant to subsection (6), such facilities

shall not again be given to the TradeNet user before the expiry of a period of 12

months as from the date specified in the written notification by the Director-

General.

(8) In this section -

"TradeNet user" has the same meaning as in the Customs (Use of Computer)

Regulations 1997.

169 16C. Agency Cooperation

(1) Notwithstanding any other enactment, the Director-General may, through an

electronic system or in such other appropriate manner, share with another public

sector agency or parastatal body, such information as may be mutually agreed upon

and which the public sector agency or parastatal body may require for the discharge

of its functions in respect of –

(a) goods, persons or crafts;

(b) import or export transactions;

(d) data or information which is required for border protection purpose.

(2) No public sector agency or parastatal body shall disclose any information obtained

pursuant to subsection (1) to a third party.

(3) In this section –

―border protection purpose‖ means any lawful purpose relating to, or connected

with, the performance of –

(a) a Government-related border management function;

(b) a Customs-related border management function.

170 16D. Coordinated Border Management Unit

(1) The Coordinated Border Management Unit shall –

(a) comprise the Ministries and agencies specified in the Fourth Schedule; and

(b) enforce in a coordinated manner the enactments relating to –

(i) the importation, exportation and transit of goods; and

(ii) the control of any person in the Customs area, port premises, airport or

Freeport zone.

(2) The Coordinated Border Management Unit shall be administered by the Director-

General.

(3) The Director-General shall ensure that the goods and persons related to the

Coordinated Border Management are cleared in such form and manner as the

Director-General may determine.

(4) Notwithstanding any other enactment, the Director-General may collect, through the

TradeNet or in such other manner as he may determine, any fees and charges levied

by the Ministry or agency in relation to the importation, exportation and transit of

goods, on its behalf in such form and manner as the Director-General and Ministry

or agency may determine.

171 17. Powers of Director-General over documents

(1) 172

(a) Where information has been received by the Director-General, or the

Director-General has reason to believe, that goods have been smuggled,

under declared, unlawfully entered or illegally dealt with, or that it is

intended to smuggle, under declare, unlawfully enter or deal illegally with

any goods, or where any goods have been seized or detained, the importer or

exporter shall, immediately upon being requested so to do by the Director-

General, produce and hand over to the Director-General all books, invoices

and documents relating to those goods or to any other goods imported or

173 174 exported by him at any time within the 3 years immediately preceding

the date of such request.

(b) The importer or exporter shall also produce for the inspection of the

Director-General, and permit him to make copies of, or take extracts from,

all books or documents of any kind including price lists, bank drafts, orders,

letters of credit, invoices, wherein any entry or memorandum appears, in any

way, to relate to any such goods.

(2) Any person, not being the importer or exporter, who has in his possession or

custody any books, invoices or documents mentioned in subsection (1) shall

produce such books, invoices or documents to the Director-General on demand.

(3) Notwithstanding any other enactment, subsection (2) shall apply to brokers,

commission agents, manufacturers' representatives, commodity syndicates, and to

other commercial enterprises and parastatal bodies, as the case may be.

(4) Any person who refuses or neglects to comply with a request of the Director-

General under this section, and any person who produces any false book, invoice or

document or makes any false representation in regard to the country in which any

goods were grown, produced or manufactured or processed, or makes any false

representation with the intent to contravene this section, shall commit an offence

and shall, on conviction, be liable to a fine not exceeding 175

2OO,OOO rupees 176

and to imprisonment for a term not exceeding 4 years.

(5) For the purposes of subsection (4), an invoice which is drawn in a fictitious name or

in the name of a person other than the specified importer of the goods shall be

deemed to be a false invoice.

177 18. Mode of ascertaining ad valorem duties

178 179 (1) Where duty is leviable on goods by reference to their value, the value of the

goods shall be the transaction value of the goods as determined 180

in accordance

with section 18A.

(2) Subject to subsections (3) and (4), where the value of the goods cannot be

determined in accordance with section 18A, the value of those goods shall be

determined in accordance with any of the paragraphs (a), (b), (c) or (d) in the

sequential order in which they appear -

(a) the transaction value of identical goods in accordance with section 18B;

(b) the transaction value of similar goods in accordance with section 18C;

(d) the computed method of valuation in accordance with section 18E.

(3) The importer may, by notice in writing to the 181

Director-General, opt for the

sequence of subsection (2) (c) and (d) to be reversed.

(4) Where the value of the goods cannot be determined in accordance with 182

section

18A, 18B, 18C, 18D, or 18E, the value of those goods shall be determined in

accordance with the fall back method of valuation under section 18F.

18A. Transaction value of goods

The transaction value of the goods shall be the price actually paid or payable for the goods

when sold for export to an importer in Mauritius, adjusted where appropriate in

circumstances as may be prescribed, and shall in addition include -

(a) all costs, charges and expenses incidental to the sale contract and delivery of

those goods; and

(b) the loading charges, freight, insurance and other charges and expenses in

respect of those goods as may be prescribed,

provided that the prescribed conditions are satisfied.

18B. Transaction value of identical goods

(1) Where the value of the goods cannot be determined under section 18A, the value of

those goods shall be the transaction value of goods which are identical to the goods

being valued when sold for export to an importer in Mauritius and exported at the

same time or substantially the same time as the goods being valued, provided that

the prescribed conditions are satisfied.

(2) For the purposes of this section, "identical goods‖-

(a) means goods which -

(i) are the same in all respects, including physical characteristics, quality

and reputation, as the goods being valued, except for minor

differences in appearance that do not affect the value of the goods;

(ii) are produced in the country in which the goods being valued are

produced; and

(iii) are produced by, or on behalf of, the person who produces the goods

being valued; but

(b) does not include goods where engineering, development work, artwork,

design work, plans or sketches undertaken in Mauritius are supplied, directly

or indirectly, by the importer of those goods, free of charge or at a reduced

cost, for use in connection with the production and sale for export of those

goods.

18C Transaction value of similar goods

(1) Where the value of the goods cannot be determined under section 18B, the value of

those goods shall be the transaction value of goods which are similar to the goods

being valued when sold for export to an importer in Mauritius and exported at the

same time or substantially the same time as the goods being valued, provided that

the prescribed conditions are satisfied.

(2) For the purposes of this section, "similar goods‖-

(a) means goods which -

(i) closely resemble the goods being valued in respect of component

materials, parts and characteristics and are functionally and

commercially interchangeable with the goods being valued, having

regard to the quality and reputation of the goods and the goods being

valued;

(ii) are produced in the country in which the goods being valued

produced, and

are

(iii) are produced by the person who produces the goods being valued,

but

(b) does not include goods where engineering, development work, artwork,

design work, plans or sketches undertaken in Mauritius are supplied, directly

or indirectly, by the importer of those goods, free of charge or at a reduced

cost, for use in connection with the production and sale for export of those

goods

(3) Where the goods are not produced by the person who produces the goods being

valued, the goods produced by a different person shall be taken into consideration

for the purposes of subsection (2).

18D. Deductive method of valuation

(1) Where the value of the goods cannot be determined under section 18C, the value of

those goods shall be determined in accordance with the deductive method of

valuation specified in subsection (2).

(2) The deductive method of valuation shall be based on the sale value in Mauritius of

the goods being valued or of identical or similar goods less such expenses in respect

of the importation and sale of those goods, as may be prescribed.

18E. Computed method of valuation

(1) Where the value of the goods cannot be determined under section 18D, the value of

those goods shall be determined in accordance with the computed method of

valuation specified in subsection (2).

(2) The computed method of valuation shall be based on the total sum of the cost of

production and of materials used in producing the goods being valued together with

the profit and general expenses usually reflected in a sale for export to an importer

in Mauritius, as may be prescribed.

18F. Fall back method of valuation

(1) Where the value of the goods cannot be determined under section 18E, the value of

those goods shall be determined in accordance with the fall back method of

valuation specified in subsection (2).

(2) Subject to subsection (3), the fall back method of valuation shall be determined on 183

the basis of the value derived from the methods of valuation specified in sections

18A to 18E, applied in a reasonable manner and adjusted to the extent necessary to

arrive at the value of the goods being valued.

(3) The value of the goods being valued under subsection (2) shall not be determined on

the basis of -

(a) the selling price in Mauritius of those goods produced in Mauritius;

(b) a system which provides for the acceptance for duty purposes of the higher

of 184

2 alternative values;

(d) the costs of production, other than the computed method of valuation under

section 18E;

(e) the price of the goods for export to a country other than Mauritius; or

(f) 185

minimum customs values or arbitrary or fictitious values.

186 19. Under or over valuation of goods

(1) Where the 187

Director-General finds that goods have been declared at a value

different from their true value he may, on the basis of the information provided by

the importer and on such other information as is available to 188

him, determine the

value of those goods and the importer shall pay duty, 189

excise duty and taxes, if

any, on the 190

values so determined.

191 192 (1A) Repealed by Finance Act 2013

193 (2) Without prejudice to any legal proceedings that may be initiated by the Director-

General but subject to section 127A, section 15 shall apply to the determination of

the value and payment of duty, excise duty and taxes, if any, under subsection (1),

with such modifications, adaptations and exceptions as may be necessary.

194 (2A)Where, in the course of determining the value of any goods, the Director-General

finds that it is necessary to delay the final determination, he may, subject to

subsection (2B), authorise in writing delivery of the goods provided that -

(a) the duty, excise duty and taxes on those goods as declared on the entry are

paid;

(b) a deposit is made or a bank guarantee is furnished for an amount

representing the difference between the amount of duty, excise duty and

taxes computed by the Director-General and the amount paid; and

General.

(2B) Where the Director-General authorises the delivery of goods pursuant to subsection

(2A), the importer shall, not later than 28 days after the date of authorisation, submit

to the Director-General in respect of those goods, such documents as may be

required in writing by the Director-General, including sales contracts, bank

transfers, orders, letters of credit and 195

pro forma invoices.

(2C) The Director-General shall, within 14 days of the receipt of the documents required

under subsection (2B), make the final determination of the value of the goods and

notify the importer in writing of the determination and the additional amount of

duty, excise duty and taxes payable, if any, on those goods.

(2D) Where the Director-General issues a notice under subsection (2C) requiring

payment of an additional amount of duty, excise duty and taxes, the importer shall,

not later than 7 days after the date of the notice, pass an amendment bill of entry and

pay the additional amount due.

(2E) Where the additional amount due is paid, the Director-General shall, not later than

14 days after the date of payment, refund the deposit or release the bank guarantee

made or furnished under subsection (2A) (b).

(2F) Where the importer does not submit the documents required under subsection (2B)

within the time limit specified in that subsection -

(a) the value of the goods on which the amount of duty, excise duty and taxes

has been computed under subsection (2A) (b) shall be deemed to have been

determined as the final determination of the value of the goods;

(b) the deposit or the bank guarantee made or furnished under subsection (2A)

(b) shall be forfeited or realised, as the case may be; and

determination.

196 197 198 (3) Repealed by Finance Act 2013

199 (3A) Repealed by Finance Act 2013

(3B) Repealed by Finance Act 2013

(3C) Repealed by Finance Act 2013

(4) Any dispute on valuation of goods pending immediately before the commencement

of subsection (3), 200

in so far as it relates to a notice under subsection (2) shall, on

the commencement of that subsection, be deemed to have satisfied the requirements

for the lodging of a review before the Assessment Review Committee under that

subsection.

19A. Confidentiality

(1) Except for the purposes of administering customs laws 201

or any other Revenue

Laws or for the purposes of any judicial proceedings, no officer shall communicate

to any person any matter relating to the valuation of any goods.

(2) Any officer who, without lawful excuse, contravenes this section shall commit an

offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees and

to imprisonment for a term not exceeding 2 years.

202 19B. Rulings

(1) Any person may make an application to the Director-General for a ruling on the

classification or origin of goods.

(2) An application under subsection (1) shall be in writing and shall -

(a) include the full description of the goods, the production process, their

composition and in the case of an application for a ruling on the origin of

goods, the country from which the goods are imported, the country in which

the goods are manufactured, a certificate of costing, together with all

documents relevant to the goods;

(b) specify precisely the question as to which the ruling is required;

the application of the customs laws relating to classification or origin of

goods; and

(d) be accompanied by such fee as may be prescribed.

203(3A) Where the application is in respect of an issue which is the subject of an objection,

representations before the Assessment Review Committee or an appeal before the

Supreme Court or Judicial Committee of the Privy Council, the Director-General shall

not give a ruling.

(3) The Director-General shall, subject to subsection (3A) 204

, in respect of an application

under subsection (1) -

(a) in the case of classification of goods, within 45 days; or

(b) in the case of origin of goods, within 150 days,

of the date of receipt of the application, give a ruling, in writing, on the question to

the applicant.

(4) Subject to subsection (5), a ruling under this section shall be binding on the

Director-General.

205 (5) The ruling under subsection (4) shall not be binding on the Director-General where

–

(a) there is any material difference between the actual facts relating to the goods

and the details contained in the application; or

(b) the World Customs Organisation, the Assessment Review Committee or any

Court has given a new ruling, decision or determination on the said goods.

(6) A ruling under this section shall be published by the Director-General in such

manner as he thinks fit, except that the identity of the person to whom the ruling

relates shall not be indicated in the publication.

(7) Subject to subsection (8), any person may rely upon a ruling published under

subsection (6) as a statement binding on the Director-General with respect to the

application of this Act to the facts set out in that ruling.

206(7A) Subject to subsection (8), any ruling given under this section shall be valid for a

period of 3 years as from the date of its issue.

(8) The Director-General shall post a notice on the website of the Authority 207

to the

effect that a ruling which he has previously published shall cease to be binding with

effect from a date which shall not be earlier than the date of the notice.

208 (9) (a) Any person who is dissatisfied with a ruling under subsection (3) may object to

the ruling in accordance with section 24A(3).

(b) The procedure specified in section 24A(3) and (4) shall apply to an objection

made under paragraph (a).

of his objection, he may lodge written representations with the Clerk of the Assessment

Review Committee in accordance with section 19 of the Mauritius Revenue Authority Act.

209 20. Disputes relating to classification or origin of goods

(1) Where in respect of an entry of any goods, the 210

Director-General is not satisfied

with the classification or origin of the goods, he shall, on the basis of such

information as is available to him and on such information as is provided by the

importer or exporter, determine the classification or origin of those goods 211

and the

duty, excise duty and taxes payable.

212 213 (2) Section 15 shall, subject to section 127A, apply to the determination of the

classification or origin of the goods and the duty, excise duty and taxes payable, if

any, under subsection (1) with such modifications, adaptations and exceptions as

may be necessary.

214 215 (3) Repealed by Finance Act 2013

216 (3A) Repealed by Finance Act 2013

(3B) Repealed by Finance Act 2013

(4) Any dispute on classification or origin of goods, pending immediately before the

commencement of this section shall, on the commencement of this section, be

deemed to have satisfied the requirements for the lodging of a review before the

Assessment Review Committee under subsection (3). 217

Sub-Part III - Temporary admission, duty-free shops and refunds

21. Conditions for temporary admission of goods

(1) Subject to the provisions of this section, the 218

Director-General may, for a period of 219 220

6 months, which may be extended by another period of 6 months, or such

other period as the Director-General may consider necessary, depending on the

duration of the implementation of a project and provided that the period shall not

exceed 3 years, authorise the temporary admission of goods where the importer

furnishes adequate security to cover the duty, 221

excise duty and taxes which would

otherwise be payable.

(2) The Director-General may exempt an importer of any goods from furnishing

security if the goods are covered by documents for temporary admission issued

under any international convention and if so approved by the Minister.

(3) The Director-General may, for the purpose of identifying the goods for temporary

admission, affix Customs marks, seals, stamps, perforations or other devices to such

goods or may take a sample of such goods or such other steps as he thinks

necessary.

(4) Subject to 222

any other enactment relating to the import of goods or the protection of

revenue, the Director-General may allow goods imported under subsection (1) to

remain in Mauritius on payment of duty, excise duty and taxes, and interest

computed on the basis of duty, excise duty and taxes payable on such goods, at the 223 224

rate of 0.5 per cent per month or part of the month, for the period for which

payment of duty, excise duty and taxes has been deferred.

(5) The Director-General may terminate temporary admission at the request of the

importer, if the goods are abandoned, destroyed or rendered commercially valueless

under his supervision.

(6) Where the Director-General is satisfied that any goods imported under subsection

(1) have been destroyed or lost by accident or 225

‗force majeure‘, no duty shall be

payable on such goods.

(7) Any waste or scrap remaining after the destruction of any goods under subsection

(5) or (6) shall, if put to any use in Mauritius, be liable to any applicable duty,

excise duty and taxes.

(8) Except where goods have been allowed to remain in Mauritius under subsection (4)

(a) any importer who fails to export temporarily admitted goods at the end of

the period specified under subsection (1);

(b) any person who sells or purchases any temporarily admitted goods; and

parts thereof,

shall commit an offence and shall, on conviction, be liable to a fine which shall not be less

than 226

3 times the amount of duty, excise duty and taxes underpaid on the goods, and any

goods which are the subject- matter of the offence shall be seized by the Director-General

and shall be forfeited by the court, or where no proceedings can be instituted by reason of

the death or absence from Mauritius of the offender, by the Director-General.

(9) Notwithstanding the rules of temporary admission as described under this Act, the

Director-General may authorize, for such period as he may determine, the

temporary admission of goods for the purpose of processing and re-exporting such

goods 227

228 21A. Inward processing

The Director-General may allow goods to be entered through inward processing under such

conditions as he may determine.

229 230 22. Goods imported for sale to visitors or departing citizens of Mauritius

(1) Any goods which are intended for sale –

(a) in a duty-free shop shall be exempted from payment of any duty, 231

excise

duty or taxes; or

(b) in a shop 232

or any place, other than at the port or airport, approved under the

Deferred Duty and Tax Scheme shall be entered on which payment of any

duty, excise duty or taxes is deferred.

(2) The conditions under which goods referred to in subsection (1) may be imported,

exported or otherwise dealt with shall be as prescribed.

233 (3) Repealed by Act 26/12

22A. Accounting of goods to be warehoused in a duty-free shop or shop under Deferred 234

Duty and Tax Scheme

Sections 71 a duty-free shop Scheme with such may be necessary.

and or

71A shall a shop under modifications,

apply the

adapta

to De

tions

goods ferred

and

warehoused Duty and

exceptions

in Tax

235 236 23. Refunds

237 (1) Where –

(a) goods have been damaged, pilfered, lost or destroyed during a voyage;

(b) duty or excise duty has been paid through an error of fact or erroneous

construction of the law;

(d) selected prohibited goods have been exported under section 156A,

the Director-General, on request, may refund or adjust the amount of duty or excise

duty payable accordingly.

238 (1A)Where goods have been cleared from Customs and are found to be defective,

obsolete or not according to specifications and are returned to the seller, the

Director-General may, upon request, refund the amount of duty or excise duty

originally paid, on such conditions as may be prescribed.

(2) Where, in the case of a provisional entry, any sum paid under section 37 of this Act

by the person 239

is in excess of the correct amount of duty, a refund shall be made.

(3) Where any duty, excise duty or charge has been paid and repayment of such duty,

excise duty or of any portion thereof, is claimed by the person on the ground that the

duty, excise duty or charge was paid 240

for reasons specified in subsections (1), (1A)

and (2), no repayment of such duty and excise duty or charge, or of any portion

thereof, shall be made by the Director-General where such claim is made after 3

years from the date of the payment.

241 (3A) No claim or refund of duty and excise duty shall be made where the amount is less

than 250 rupees or such other amount as may be prescribed.

(4) Where a claim for refund of duty or excise duty is made and the Director-General is

not satisfied that the person is entitled to a refund, he shall, 242

within 28 days of the

date of receipt of the claim, give written notice to the person of his decision.

243 244 245 246 (5) (a) Where the person is dissatisfied with a decision of the

Director-General under subsection (4), the person may, within 28 days of the

date of the decision, object to the decision in a form approved by the

Director-General and send the form duly filled in to the Director-General by

registered post.

(b) Where a person makes an objection under paragraph (a), he shall specify in

the form the detailed grounds of the objection.

illness or other reasonable cause, a person has been prevented from making

an objection within the time limit specified in paragraph (a), the Director-

General may consider the objection.

247 (ca) Where the Director-General refuses to consider an objection made after the

time limit specified in paragraph (a), he shall, within 28 days of the date of

receipt of the letter of objection, give notice of the refusal to the person.

(d) Any objection under this subsection shall be dealt with independently by an

objection directorate.

(e) The burden of proving that the decision of the Director-General is incorrect,

or what the decision should be, shall lie on the person.

248 (6) (a) The objection directorate shall consider an objection under subsection (5)

and review the decision, and may -

(i) disallow or allow it in whole or in part; and

(ii) where appropriate, amend the decision to conform with its

determination.

(b) The Director-General shall, within 4 months of the date of receipt of the

objection under subsection (5), give notice of the determination to the

person.

it shall be considered to have been allowed by the Director-General. 249

(7) Where a person is aggrieved by a decision under subsection (5)(ca) or 250

determination under subsection (6), he may, within 28 days of the date of the

determination, lodge written representations with the Clerk to the Assessment

Review Committee in accordance with section 19 of the Mauritius Revenue

Authority Act.

(8) Where as a result of the determination of an objection under subsection (6), the

person is entitled to a refund, the Director-General shall, subject to subsection (7),

refund the amount of duty or excise duty at the time the notice of determination is

given under subsection (6)(b).

251 (9) Any refund under this section shall carry interest, free of income tax, at the

prevailing Repo rate determined by the Bank of Mauritius.

252 24. Erroneous refund or reduction

(1) Where an importer has benefited through error from a refund 253

or reduction of duty, 254

excise duty or taxes, he shall be liable to pay the amount of duty, excise duty or

taxes which has been erroneously refunded or reduced on a demand being made by

the 255

Director-General within 3 years from the date of the duty, excise duty or taxes

having been erroneously refunded or reduced.

256 (2) Where a demand is made under subsection (1), the importer shall pay the amount of

duty, excise duty and taxes within 257

28 days of the date of the demand.

258 (3) Where payment of the amount is not paid within the time limit referred to in

subsection (2), the unpaid amount shall carry interest at the rate of 0.5 259

per cent

per month or part of the month up to the date of payment.

(4) (a) Where an importer is dissatisfied with a demand of the Director-General

under subsection (1), the importer may, within 28 days of the date of the

demand, object to the demand in a form approved by the Director-General

and send the form duly filled in to the Director-General by registered post.

(b) Where an importer makes an objection under paragraph (a), he shall specify

in the form the detailed grounds of the objection.

illness or other reasonable cause, an importer has been prevented from

making an objection within the time limit specified in paragraph (a), the

Director-General may consider the objection.

(ca) Where the Director-General refuses to consider an objection made after the

time limit specified in paragraph (a), he shall, within 28 days of the date of

receipt of the letter of objection, give notice of the refusal to the person. 260

(d) Any objection under this subsection shall be dealt with independently by an

objection directorate.

(e) The burden of proving that the demand of the Director-General is incorrect,

or what the demand should be, shall lie on the importer.

(5) (a) The objection directorate shall consider an objection under subsection (4)

and review the demand, and may -

(i) disallow or allow it in whole or in part; and

(ii) where appropriate, amend the demand to conform with its

determination.

(b) The Director-General shall, within 4 months of the date of receipt of the

objection under subsection (4), give notice of the determination to the

importer and shall, at the same time, claim any duty, excise duty or taxes

erroneously refunded or reduced.

it shall be considered to have been allowed by the Director-General. 261

(6) Where an importer is aggrieved by a decision under subsection (4)(ca) or 262

determination under subsection (5), he may, within 28 days of the date of the

determination, lodge written representations with the Clerk to the Assessment

Review Committee in accordance with section 19 of the Mauritius Revenue

Authority Act.

26324A. Non-payment or underpayment of duty, excise duty and taxes

(1) Subject to this section and to section 15, 19, 20 or 24 of this Act, section 5 of the

Customs Tariff Act or section 5, 22 or 52 of the Excise Act, where the Director-

General has reason to believe that duty, excise duty or taxes has not been paid or has 264 265

been underpaid, he may, by notice in writing, require the person, including the 266

person referred to in section 162(6) who does not agree to compounding , as the case

may be -

(a) to make an entry, if any, in respect of the goods being the subject matter of

the non-payment or underpayment; and

(b) to pay the amount of duty, excise duty and taxes specified in the notice,

together with a penalty not exceeding 267

50 per cent of the amount of duty,

excise duty and taxes and interest at the rate of 0.5 per cent per month or part

of the month from the date of the original validation of the bill of entry to the

date of payment,

not later than 28 days of the date of the notice.

(2) The Director-General shall not issue a notice under subsection (1) where the non-

payment or underpayment of duty, excise duty and taxes relates to a validated bill of

entry passed before a period of 3 years or such longer period as may be applicable

under section 7A 268

(3) (a) Where a person 269

is dissatisfied with a notice under subsection (1), the

person may, within 28 days of the date of the notice, object to the notice in a

form approved by the Director-General and send the form duly filled in to

the Director-General by registered post.

(b) Where a person makes an objection under paragraph (a), he shall specify in

the form the detailed grounds of the objection.

illness or other reasonable cause, a person has been prevented from making

an objection within the time limit specified in paragraph (a), the Director-

General may consider the objection.

(ca) Where the Director-General refuses to consider an objection made after the

time limit specified in paragraph (a), he shall, within 28 days of the date of

receipt of the letter of objection, give notice of the refusal to the person. 270

(d) Any objection under this subsection shall be dealt with independently by an

objection directorate.

(e) The burden of proving that the notice of the Director- General is incorrect, or

what the amount of duty, excise duty and taxes should be, shall lie on the

person.

(4) (a) The objection directorate shall consider an objection under subsection (3)

and review the notice, and may -

(i) disallow or allow it in whole or in part; and

(ii) where appropriate, amend the notice to conform with its

determination.

(b) The Director-General shall, within 4 months of the date of receipt of the

objection under subsection (3), give notice of the determination to the

person 271

and shall, at the same time, claim any duty, excise duty or taxes.

it shall be considered to have been allowed by the Director-General. 272

273 274 (5) Where a person is aggrieved by a decision under subsection (3)(ca) or a

determination under subsection (4), he may, within 28 days of the date of the

determination, lodge written representations with the Clerk to the Assessment

Review Committee in accordance with section 19 of the Mauritius Revenue

Authority Act.

275(6) (a) Where, in respect of a notice issued under subsection (1), an agreement is reached

before, or a decision is taken by, the Assessment Review Committee, the Director-

General shall, within 5 working days of the date on which the Committee is informed of

the agreement or of notification of the decision, as the case may be, issue a notice to the

person specifying the amount of duty, excise duty and taxes payable.

(b) Where a notice is issued under paragraph (a), the person shall pay the amount of

duty, excise duty and taxes within 28 days from the date of the notice.

PART IV - CONTROL, EXAMINATION, ENTRIES AND SECURITIES

25. Customs control of goods

(1) Goods shall be subject to the control of Customs 276

in the case of goods-

(a) 277

imported, from the time of import until removal for home consumption, or

until the time of export, whichever shall first happen;

(b) under drawback, from the time of the claim for drawback until the time of

export;

of loading for export until the time of export.

(2) (a) Except as otherwise provided by this Act, no goods subject to customs

control shall be moved, altered or interfered with.

(b) Except with the written authorisation of the 278

Director-General, no goods

subject to customs control shall be removed from Customs or delivered to

any person.

279 25A. Risk management

(1) The Director-General may, with a view to enforcing customs laws, use risk

management for the systematic identification of risk and the implementation of

necessary measures to limit exposure to risk.

(2) The Director-General shall use risk management to exercise border control.

25B. Clearance of goods for home consumption and post control

(1) Subject to this section, the Director-General shall, through the Customs Management

System operated by the Customs Department, clear or release goods on a validated bill

of entry on a risk management basis and on accomplishment of the necessary customs

formalities to allow the goods to enter for home consumption, to be exported or to be

placed under another customs procedure.

(2) Where the required documents, including permits, authorisations or clearances from

Government agencies have been submitted, the Director-General may clear the goods

from customs control for home consumption.

280 (3) (a) Where a clearance from a Government agency has not been received by the

Director-General –

(i) he may release the goods from customs control by handing them over, in the

customs area, to the relevant Government agency for onward clearance; or

(ii) he may, where the goods cannot be put under seal, hand over, in the customs

area, samples to the relevant Government agency for the purpose of verification,

testing or analysis and the goods may, on submission of the clearance from the

relevant Government agency, be cleared from customs control.

(b) The goods referred to in paragraph (a)(i) shall be placed under the seal of the relevant

Government agency, in the customs area, before they are released.

(4) (a) Every Government agency shall, for the purpose of giving clearance, issue

guidelines specifying the procedures to be followed and the expected time for

granting such clearance.

(b) The guidelines referred to in paragraph (a) shall be posted on the website of the

relevant Government agency and a copy thereof shall be made available for

consultation at the office of the Government agency.

(5) This section shall apply to the release and clearance of goods to be exported or to be

placed under another customs procedure with such modifications, adaptations and

exceptions as may be necessary.

(6) Notwithstanding subsections (1) to (3), any officer may, upon reasonable suspicion,

carry out an inspection, prior to clearance or release of the goods from customs control.

(7) Where goods are cleared under this section, the Director-General may carry out post-

control audit, through examination of documents or at the business premises of the

importer, within 3 years from the date of validation of the bill of entry to ensure compliance

with the customs laws.

(8) In this section –

―Government agency‖ means any Ministry, Government department or statutory

body required to give clearance in respect of goods for home consumption.

26. Minimum size of ships

Except with the permission in writing of the 281

Director-General, no goods shall be

imported into or exported from Mauritius in any ship of less than 50 tons net tonnage.

27. Rights of examination and cost

(1) The control of goods by Customs shall include the right of Customs to examine all

goods subject to such control.

(2) The loading, unloading, carrying, and landing of all goods, including passengers'

baggage, and the bringing of the goods to the place of examination, and the

measuring, weighing, counting, unpacking and repacking, and the opening and

closing of the packages, shall be performed by and at the expense and risk of the

importer or exporter.

28. No Customs liability

Customs shall not be liable for the loss of, or damage to, any goods subject to their control

unless such loss or damage has been caused by the wilful act or negligence of any officer.

282 29. Goods imported or exported by post or courier

Goods imported or exported through persons holding a postal service licence or a courier 283284

service licence under the Postal Services Act shall be subject to Customs control.

30. Entries for import

(1) All entries in respect of imported goods shall be made on the form prescribed in

respect of goods for-

(a) home consumption;

285 (b) warehousing;

; or

(d) transit.287

(2) Notwithstanding subsection (1), newspapers and magazines for sale in Mauritius

imported by airfreight and airmail may, subject to any prescribed conditions, be

delivered at the time of arrival to importers without previous entry having been

made.

288 289 (3) Notwithstanding subsection (1), the Director-General may, at any time, release ,

free of duty, excise duty and taxes, relief consignments 290

or such other goods

imported as aid to those affected by a disaster in Mauritius in such manner and

under such conditions as he considers appropriate in the circumstances.

291 (4) Notwithstanding subsection (1), the Director-General may, at any time, release goods

imported in case of natural disasters or other emergencies, urgent or unforeseen

circumstances or for national security reasons, in such manner and under such

conditions as he may determine.

31. Form prescribed for export

All entries in respect of exported goods shall be made on the form prescribed in respect of

goods exported.

32. Passengers' and crew's luggage

Notwithstanding sections 30 and 31, the 292

bona fide personal goods which are luggage of

passengers, master and crew in any aircraft or ship may, subject to any prescribed

conditions, be imported or exported without entry having been made.

33. Holder of a draft

(1) The holder of a draft with a bill of lading in guarantee of the payment thereof may

give notice in writing to the 293

Director-General that he holds those documents and,

thereupon, the Director-General shall not allow the passing of entry of such goods

without the written consent of the holder of those documents.

(2) Where goods have been entered but have not been taken delivery of by the importer,

the Director-General may, at any time before such goods are disposed of as

unclaimed, deliver such goods to any person holding a draft with a bill of lading or

other documents of title to such goods in guarantee of the payment thereof,

notwithstanding that an entry has already been made by the importer, and such

goods as described under subsection (2) shall be dealt with in accordance with the

bill of entry presented and the importer shall have no claim against the Director-

General for any expenses or other costs incurred by him in connection with the

entering of the goods.

34. Particulars of bill of entry

(1) The person entering any goods, whether for himself or on behalf of any importer or

exporter, shall deliver to the 294

Director-General the bill of entry in the prescribed

form in respect of such goods 295

(2) The particulars required to be given on such bill of entry shall be written and

arranged in such form and manner as the Director-General shall require.

35. Making of entries

Any person making any entry shall, if so required by the 296

Director-General, answer

questions relating to the goods referred to in the entry.

36. Passing of entries

Entries shall be passed by the 297

Director-General and, on the passing of the entry, the

goods shall be deemed to have been entered, and any entry so passed shall be the warrant to

the proper officer for dealing with the goods in accordance with the entry.

37. Provisional entry

298 (1) Where the importer of any goods is unable immediately to supply the full particulars

required for making an entry and makes a declaration to that effect before the 299

Director-General, he may be authorised to make a provisional entry as prescribed.

(2) In a case referred to in subsection (1), such importer shall pay any estimated duty,

excise duty, and taxes, and shall make 300

such deposit as may be required by the

Director-General.

38. Perfect entry

(1) Within 3 months from the passing of the provisional entry, or within such further

period not exceeding 3 months as the 301

Director-General thinks fit to allow, the

importer of the goods shall make complete entry, failing which the deposit

described under section 39 shall be forfeited.

(2) A complete entry of the goods included in a provisional entry shall be made in such

manner as if the provisional entry had not been made.

(3) Where an importer is in possession of all particulars required by the Director-

General, the importer shall complete such perfect entry immediately.

302 (4) Failure to comply with subsection (3) shall constitute an offence and the importer

shall, on conviction, be liable to a fine not exceeding 303

3 times the amount of duty, 304

excise duty and taxes involved.

39. Power to require security

(1) The 305

Director-General may require and take security for compliance with this Act

and generally for the protection of the revenue and, pending the giving of the

required security in relation to any goods subject to the control of Customs, the

Director-General may refuse to deliver the goods or to pass any entry relating to

them.

(2) Every security in the nature of a bond which is issued by a company or a partnership

shall, in the absence of fraud, be binding on the company and on the partners of the

partnership, as the case may be.

(3) Where any security is required to be given, such security shall be given by bond or

bank guarantee or cash deposit or all or any of those methods and, in each case, the

security shall be subject to acceptance by the Director-General.

(4) The forms of security specified by the Director-General shall be sufficient for all

purposes of a bond or guarantee under this Act and shall bind the subscribers thereto

jointly and severally for the full amount.

(5) Every security shall be valid for such period as may be specified in the bond or

guarantee and, subject to section 41, may be reviewed.

40. Production of security

306 307 Where any security is issued upon the Director-General, its production on its due date

or thereafter, without further proof, shall entitle the Director-General to judgment for its

stated liability against the persons who have subscribed such security unless release or

satisfaction of such security is established.

41. Fresh security

Where the Director-General is dissatisfied with the sufficiency of any security previously

given, he may require a fresh security.

42. General bonds

Where security is required for any particular purpose, the security may, by authority of the 308

Director-General, be accepted to cover all transactions for such time and for such amount

as the Director-General may approve.

43. Cancellation of security

All securities may, after the expiration of 3 years from the date thereof or from the time

specified for the performance of the conditions thereof, whichever may be the later date, be

cancelled by the 309

Director-General.

310 43A.Record

(1) Every person who, in the course of his business, imports or exports goods shall, for

the purposes of any customs laws, keep 311

, at his business premises, a full and true

written record, whether on computer or otherwise, in the English or French

language, of every transaction he makes.

(2) Every person referred to in subsection (1) shall, in respect of any goods, keep in

chronological order a copy of the entry he makes, either electronically through the

TradeNet or otherwise, 312

together with –

(a) the original of the documents where the documents have been

scanned and forwarded to the Director-General; or

(b) a copy of the documents, where the documents have been delivered

to the Director-General.

(3) Every record under subsections (1) and (2), shall be kept for a period of at least 5

years after the completion of the transaction to which it relates and shall be made

available on demand by the proper officer.

313 (4) Repealed by Finance Act 2013

(5) Any person who fails to keep, or to make available to the proper officer, any record

required to be kept under this section shall commit an offence and shall, on

conviction, be liable to a fine not exceeding 314

200,000 rupees and to imprisonment

for a term not exceeding 3 years.

PART V: REPORT OF AIRCRAFT AND SHIPS AND IMPORT OF GOODS

Sub-Part I - Boarding of Aircraft and Ships

44. Ship to enter ports

(1) The master of a ship from parts beyond the seas shall not permit his ship to enter

any place in Mauritius other than a port unless from stress of weather or other

reasonable cause.

(2) Subject to section 48, the 315

Director-General may authorise pleasure boats to

proceed to any place other than a port in Mauritius.

45. Ship to bring to on being signaled

The master of every ship arriving within the territorial waters of Mauritius shall bring his

ship to for boarding when approached by or hailed or signalled from any vessel in the

service of Customs, or from any vessel in the service of the 316

Government of Mauritius,

flying the proper ensign.

46. Ship or aircraft to bring to at boarding station

The master of every aircraft or ship from parts beyond the seas, bound for or calling at any

port in Mauritius, shall bring his aircraft or ship, for boarding, at the boarding station

appointed for that port or airport and shall provide the means to facilitate the boarding by

the proper officer.

47. Unauthorised boarding

No person other than the Port Pilot, the officer from the Ministry responsible for the subject

of health, or any person duly authorised by the Ministry responsible for the subject of

health, shall board any ship or aircraft before the proper officer.

48. Declaration by owner of pleasure boat

(1) Where a foreign pleasure boat enters Mauritius, the owner or master of such boats

shall provide the 317

Director-General with a written declaration in prescribed form

on the purpose of the boat's presence in Mauritius and the duration of its stay.

(2) The owner or master of such pleasure boat shall notify the Director-General

immediately of any change in the content of the declaration required under

subsection (1).

(3) Subsection (1) shall be without prejudice to any duty, 318

excise duty or taxes which

may be payable in respect of the boat or any cargo or stores in the boat.

Sub-Part II - Report of Cargo

49. Cargo report

319 320 (1) The master, owner or duly authorised agent of every ship or aircraft arriving

from ports or airports beyond the seas shall make report to the 321

Director-General 322 323

by delivering an inward manifest, in electronic form or in any other manner

acceptable to the Director-General, in respect of the ship or aircraft, its cargo and

passengers -

(a) in the case of a ship -

(i) 324

arriving from Reunion Island or the Republic of Madagascar, not

later than 5 hours before arrival; or

(ii) arriving from any other port, not later than 24 hours 325

after loading

in the last port of departure;

326 (b) in the case of an aircraft, where the flight duration -

(i) does not exceed 4 hours, at the time the wheels of the aircraft reach

its body after take-off;

(ii) exceeds 4 hours, not later than 4 hours before arrival.

327 (1A) The master, owner or duly authorised agent of every aircraft or ship arriving from

airports or ports beyond the seas shall submit to the Director-General a full and

complete inward manifest under this section within the time specified in subsection

(1)(a) and (b).

328 329 330 (1B) Where an inward manifest under subsection (1) is received in electronic form

by the Director-General through SITA or such other electronic system or manner as

may be approved by the Director-General, it shall be deemed to have been

submitted by the owner or duly authorised agent of the aircraft and all the provisions

of customs laws relating to submission of manifest shall apply.

(2) (a) Except where otherwise especially allowed by the Director-General, every

report under subsection (1) shall be made before bulk is broken.

(b) The Director-General may permit the master, owner or his agent to amend

obvious errors in the report after its submission. 331

332 (3) Any person who fails to comply with subsection (1) shall commit an offence and

shall, on conviction, be liable to a fine not exceeding 50,000 rupees.

50. Manifest for other ports

(1) The master of every laden ship or aircraft arriving in Mauritius without having on

board any goods for any port therein shall, when reporting the ship or aircraft,

deposit the manifest from the loading port.

(2) The manifest shall be returned to the master on the clearing of his ship or aircraft

outwards.

51. Master of wrecked ship to report

Where any ship is lost or wrecked on the coast of Mauritius, the master or owner or the

duly authorised agent of the ship shall, without any unnecessary delay, make report of the

ship and cargo by delivering to the 333

Director-General a manifest so far as it may be

possible for him to do so.

52. Tonnage of ships

The tonnage of a ship for the purposes of this Act shall be the tonnage specified in the

certificate of registry of such ship.

53. Master's name on ship's register

The Director of Shipping may refuse to admit any person to do any act as master of a ship

unless his name is inserted in or endorsed upon the certificate of registry, if any, of such

ship as being the master thereof, or until his name has been so endorsed.

Sub-Part III - Landing, Entry and Examination of Goods

54. Landing of goods

All goods unloaded from an aircraft or ship shall be either -

(a) landed at such place as the 334

Director-General may direct; or

(b) transhipped or removed direct to the ship or aircraft into which they are to be

transhipped or removed, as the case may be, or after conveyance thereto.

55. Loading and unloading of goods

(1) Except with the written authorisation of the 335

Director-General, no person shall

load goods on to, or unload goods from, a ship or aircraft except at a port or at a

quay or wharf or airport.

(2) The Director-General may, for the purpose of ensuring compliance with this Act, by

written direction to the master of a ship or aircraft, prohibit the loading and

unloading or delivery of goods to or from the ship or aircraft, as the case may be.

56. Accommodation 336

at ports and airports

The owner or lessee of any port or airport shall provide, to the satisfaction of the 337 338

Director-General , free of charge, suitable office accommodation for the exclusive use

of the officers employed at that port or airport.

339 340 57. Return by Mauritius Ports Authority

Where a ship enters a port which is under the management of the Mauritius Ports Authority

or any other duly authorised authority, the Mauritius Ports Authority shall submit to the 341

Director-General, electronically or in such other manner as the Director-General may

determine, 342

a return showing the cargo which has been-

(a) manifested and unloaded;

(b) manifested but not unloaded;

(d) removed from the place of landing. 343

344 57A. Accounting of goods by Mauritius Ports Authority

Sections 71 and 71A shall apply to the Mauritius Ports Authority, with such exceptions,

modifications and adaptations as may be necessary.

57B. Accounting of goods by freight forwarding agent

(1) A freight forwarding agent shall submit to the Director-General, in respect of any

unstuffed consignment at his premises, electronically or in such other manner as the

Director-General may determine, a return showing the goods which have been –

(a) manifested and unloaded;

(b) unloaded but not manifested;

(d) delivered.

(2) For the purpose of accounting of goods at the premises of a freight forwarding agent

pursuant to subsection (1), sections 71 and 71A shall apply to that freight forwarding agent,

with such exceptions, modifications and adaptations as may be necessary.

58. Return for landing aircraft

(1) Subject to subsection (2), where an aircraft lands at an airport, the agent shall submit 345346347

to the Director-General, electronically or in such other manner as the

Director-General may determine, 348

a return showing the cargo which has been-

(a) manifested and unloaded;

(b) manifested but not unloaded;

(d) removed from the place of landing. 349

(2) Where an aircraft lands in an airport which is under the management of any

competent authority, such authority shall submit to the 350

Director-General,

electronically or in such other manner as the Director-General may determine, 351

return as described under subsection (1).

352 (3) Sections 71 and 71A shall apply to the cargo referred to in this section with such

modifications, adaptations and exceptions as may be necessary.

59. Removal of goods landed from aircraft

(1) Where the importer of goods landed from an aircraft has not taken delivery of the

goods, the agent of the aircraft shall, not later than the day following the day of the

report inwards of the aircraft, cause the goods to be stored in such place as the 353

Director-General may approve.

(2) The Director-General shall not incur liability for any loss or damage to goods stored

in accordance with subsection (1).

60. Repacking of goods

Except with the written authorisation of the 354

Director-General, no person other than the

Mauritius 355

Ports Authority or any other competent authority, as the case may be, shall

repack or rearrange the contents of any packages landed from an aircraft or ship.

61. Disposal of goods

356 357 (1) Where any goods are landed and are not claimed or removed within 2 months

of being landed, the 358

Director-General may cause the goods to be sold by public

auction or public tender, as the Director-General may determine, after giving public

notice of the sale.

(2) Subsection (1) shall apply to goods which are dealt with in accordance with section

69 (2) 359

or 77 (1).

360 (2A) For the purpose of subsection (1), bidding documents for goods to be sold by public

tender shall be submitted electronically through the Customs e-auction system, or in

exceptional or unforeseen circumstances, in such other manner as the Director-

General may determine.

361 362 (3)

(4) The proceeds of any sale of goods under subsection (1) shall be applied to the

payment of -

(a) duty on the goods;

(b) 363

excise duty and taxes;

(d) freight and other charges.

(5) (a) Subject to paragraph (b), the balance of the proceeds of any sale under

subsection (1) shall be paid into the Consolidated Fund.

(b) Where the balance of the proceeds of a sale has been paid into the

Consolidated Fund, any person who is entitled to it may, not later than one

year after the day of the sale, apply to the Director-General for a refund.

364 (6) (a) Where goods other than seized goods cannot be sold for a sufficient price to

cover duty, excise duty and taxes, the Director-General may direct that, in lieu of

being sold, the goods shall be destroyed or reserved for a Ministry, a

Government department, a local authority, a statutory body, the Rodrigues

Regional Assembly, a foreign government 365

or a charitable institution.

(b) In this subsection -

―charitable institution‖ has the same meaning as in the Income Tax Act.

(7) Where the duty, excise duty and taxes on any goods on sale at any Customs sale is 366

ad valorem, the value of such goods shall, if approved by the Director-General,

be taken to be the price that may be fetched by the sale.

367

368(8) (a) Notwithstanding this Act, where the Director-General is of the opinion that

any goods referred to in subsection (1) are of perishable nature or that it is desirable to do

so, he may direct that the goods be forthwith sold by public auction or public tender, or

where the goods have not been sold, be destroyed at the expense of the owner.

(b) The Director-General may, in respect of –

(i) goods referred to in section 66; or

(ii) abandoned goods or any condemned goods entered under any

customs procedure,

allow the goods to be exported, disposed of or destroyed at the expense of the

owner.

(b), issue to the owner of the goods a written notice claiming any amount

incurred by the Authority in terms of rent or charges for the export, disposal or

destruction of the goods.

(d) (i) Any person who is dissatisfied with a notice under paragraph (c) may object to the notice in accordance with section 24A(3).

(ii) The procedure set out in section 24A(3) and (4) shall apply to an objection made

under subparagraph (i).

(iii) Where the person referred to in subparagraph (i) is aggrieved by a

determination of his objection, he may lodge written representations with the

Clerk of the Assessment Review Committee in accordance with section 19 of

the Mauritius Revenue Authority Act.

(e) Section 14(2A) shall apply to the recovery of any amount incurred by the Authority

in terms of rent or charges for the export, disposal or destruction of the goods referred

to in paragraph (b).

369 (9) Where the Director-General is satisfied that goods have been damaged or outmoded

or have deteriorated in value or have a short expiry date, he may revalue those

goods for the purposes of sale under this section.

PART VI - PROHIBITED GOODS

62. Prohibition of certain imports and exports

The Minister may, by regulations and for the purposes of this Act, prohibit the import or

export of any goods.

63. Prohibited imports

The import of -

(a) base or counterfeit coin;

(b) manufactured articles bearing the name, address or trade mark of any manufacturer

or dealer or the name of any place, calculated to impart to those articles a special

character of manufacture which they do not actually possess; and

enactment,

is prohibited.

64. Export subject to restriction

The power to prohibit the export of any goods shall include the power to prohibit export

subject to any specified condition or restriction 370

under any enactment relating to export,

and goods exported contrary to any such condition or restriction shall, for the purposes of

this Act, be deemed to be prohibited exports.

65. Prohibited imports consigned to other places

Prohibited goods on board a ship or aircraft calling at any port or airport in Mauritius, but

intended for and consigned to some port or place outside Mauritius, shall not be deemed to

be unlawfully imported into Mauritius, if the goods are specified on the manifest of the ship

or aircraft and are not transhipped or landed in Mauritius or are transhipped or landed by

authority.

66. Restricted imports

The power to prohibit the import of goods shall include the power to prohibit import subject

to any specified condition or restriction 371

under any enactment relating to import, and

goods imported contrary to any such condition or restriction shall be deemed to be

prohibited imports.

372373 PART VIA – INFRINGEMENT OF PATENT, INDUSTRIAL DESIGN,

COLLECTIVE MARK, MARK OR COPYRIGHT

66A. Application for suspension of clearance of goods

(1) Any owner or authorised user of a 374

patent, industrial design, collective mark or

mark or copyright may apply in writing to the 375

Director-General to suspend the

clearance of any goods imported or being exported and detain any goods 376

on the

local market, 377

on the grounds that his patent, industrial design, collective mark or

mark or copyright is being or is likely to be infringed.

378 (1A)(a) Notwithstanding subsection (1), where the Director-General has reason to

believe that the right of the owner or authorised user of a patent, industrial

design, collective mark or mark or copyright has been infringed or is likely

to be infringed, he may, on his own initiative -

(i) suspend the clearance of the goods imported or being exported 379

for 380

21 working days;

381 382 (ia) detain any goods on the local market;

(ii) at the same time, give notice, electronically or otherwise, to the

owner or authorised user, of the suspension and invite the owner or the

authorised user, as the case may be, to lodge, within 21 working days, an

application under subsection (1).

(b) Where an application is not lodged within 21 working days, the Director-

General shall immediately waive the suspension and clear the goods imported or being exported or release the goods being detained under

subparagraph (ia)383.

(2) An application made under subsection (1) shall specify a period not exceeding 2

years during which the Director-General may suspend the clearance of such goods.

(3) An application under subsection (1) shall be accompanied by -

(a) any evidence that the applicant is the owner or the authorised user of the

patent, industrial design, collective mark or mark, or of the copyright;

(b) a statement of the grounds for the application, and in particular, the 384

prima

facie evidence showing that his right has been or is likely to be infringed;

and

recognisable by Customs, and the place where such goods are to be found.

(4) The applicant shall furnish adequate security to protect the Director-General for any

loss or damage that may result from the suspension of the clearance of the goods

and to cover any reasonable expenses likely to be incurred as a result of such

suspension.

385 (5) This section shall not apply to small quantities of goods of a non-commercial nature,

intended for personal use, sent in small consignments or contained in the luggage of

a passenger, master or crew.

66B. Decision in respect of application

(1) On receipt of an application under section 66A, the Director-General shall within 7

days of the date of receipt of the application –

(a) grant or reject the application; and

(b) notify the applicant in writing of his decision.

(2) The Director-General shall reject an application where the applicant fails to comply

with section 66A (4)

(3) Where the application is granted, the Director-General shall notify in writing the 386

applicant, importer, exporter or his agent of the suspension of the clearance of the

goods.

66C. Duration of suspension

(1) Where, within a period of not more than 10 working days after the applicant has

been served notice of the suspension under section 66B (3), the Director-General

has not been informed in writing that legal proceedings have been initiated by the

applicant, the goods shall be released, provided that all other conditions for

importation or exportation have been complied with.

387 (1A)Notwithstanding subsection (1), where the suspension relates to refrigerated goods,

the period to release the goods shall be 3 working days

(2) The Director-General may, in appropriate cases and on the applicant‘s request,

extend the time limit referred to in subsection (1) by another period of not more than

10 working days.

(3) The Director-General shall release the goods forthwith where he is informed by the

registered owner or authorised user referred to in section 66A that the collective

mark, mark or copyright registered in the name of the owner has ceased to be valid

provided that all other conditions for importation or exportation have been complied

with.

388 (4) Notwithstanding subsection (1), where the Director-General has suspended the

clearance of goods or has detained goods on the local market under this Part, the

Director-General may dispose of the goods at the expense of the importer in

accordance with section 61(8) where, within the statutory timeframe provided under

subsections (1), (1A) and (2) –

(a) the owner of the goods informs the Director-General in writing that he agrees

–

(i) that he has infringed the rights of the right holder; and

(ii) to the goods being destroyed at his expenses; and

(b) the right holder informs the Director-General in writing that –

(i) he does not intend to take any legal proceedings against the owner of the

goods; and

(ii) he consents to the goods being destroyed.

66D. Inspection and taking of samples

Without prejudice to the protection of confidential information, the Director-General may

authorise the owner of a collective mark or mark, or copyright owner, or importer, exporter

or agent, to -

(a) inspect the goods of which the clearance has been suspended or which have

been detained389 on the local market390;

(b) remove samples for examination, testing and analysis.

66E. Interpretation of this Part

In this Part –

―owner‖ means the registered owner of a collective mark or mark under the Patents,

Industrial Designs and Trademarks Act or the copyright owner under the Copyright

Act and includes the owner of a collective mark or mark or copyright, registered

with a competent authority outside Mauritius as approved by the Director-General.

PART VII - BONDED WAREHOUSES

67. Appointment of warehouses by 391

Director-General

(1) On application, the Director-General may, by notice in writing, appoint 392

such

buildings, places or surfaces as may be approved by him for the warehousing and

securing of goods therein without payment of duty, 393

excise duty and taxes upon

first entry thereof.

(2) The Director-General may direct in what different parts or divisions of such

warehouses, and in what manner, any goods or any species of goods may be

warehoused, kept and secured without payment of duty, excise duty and taxes upon

the first entry thereof.

394395 (2A) Repealed by Finance Act 2015

396 (3) The Director-General may, by notice in writing, revoke or alter any such

appointment where it is established that-

(a) the warehouse has not been in operation for a continuous period of 6

months; or

(b) the proprietor or occupier has committed any act of misconduct, dishonesty,

malpractice or fraud.

397 (3A) (a) Any approved warehouse shall be equipped with such CCTV system as the

Director-General may determine.

(b) Any recording under the CCTV system shall be archived for such period as the

Director-General may determine.

other electronic system in place at the warehouse and their recordings shall be

provided, on demand, to the Director-General.

(4) Any notice pertaining to the appointment or the revocation of a warehouse shall be

published in the Gazette.

398 399 67A. Obligations of proprietor or occupier of bonded warehouse

(1) Subject to this section, the proprietor or occupier of a 400

bonded warehouse may -

(a) without Customs locks, manage the operations of the bonded warehouse;

and

(b) without the presence of a customs officer, enter into or remove from the

bonded warehouse, goods, on payment of duty, excise duty and taxes, if any,

in compliance with any applicable enactment, other than goods for re-export.

401 (2) Repealed by Finance Act 2015

(3) Repealed by Finance Act 2015

(4) Repealed by Finance Act 2015

68. Appointment of central bonded warehouse

The Minister may direct the 402

Director-General to appoint any location for the purpose of

establishing a central bonded warehouse.

69. Goods to be cleared on revocation

403 404 (1) Where the Director-General, by notice in writing, revokes any order approving

any warehouse -

(a) the proprietor or occupier of the warehouse shall pay the duty, 405

excise duty

and taxes on all the warehoused goods, including those which are not

accounted for to the satisfaction of the Director-General;

(b) the owner of the goods shall remove the goods to another approved

warehouse or export the goods within one month of the date of revocation.

(2) Where goods are not dealt with in accordance with subsection (1), the Director-

General may cause them to be transferred to a customs warehouse 406

or a warehouse

approved by the Director-General for the purpose of auction sales and sold in

accordance with section 61.

407 (3) Any person who fails to comply with subsection (1) shall commit an offence and

shall, on conviction, be liable to a fine not exceeding 100,000 rupees.

70. Bond by proprietor or occupier

The proprietor or occupier of every approved warehouse, other than the Mauritius 408

Ports 409 410

Authority and the State Trading Corporation , shall, before any goods are warehoused, 411 412

give general security by bond, with one sufficient surety, in such sum as the 413 414

Director-General may direct, for the payment of the full duty, excise duty and taxes

due on any goods which may, at any time, be warehoused therein or for export.

71. Account of goods to be warehoused

415 (1) (a) The proprietor or occupier of every approved bonded warehouse shall take a

particular account of-

(i) goods entering his bonded warehouse cleared without verification; or

(ii) goods entering his bonded warehouse based on the outcome of the

verification by the proper officer.

(b) The particular account shall be taken in a computer system or in such other

manner as the Director-General may approve.

shall enter the outcome of the verification in the Customs Management System

operated by the Customs Department of the Authority.

(2) Except where otherwise provided, such account shall be that upon which the duty, 416

excise duty and taxes shall be ascertained and paid.

417 71A.Accounting of goods removed from bonded warehouse

(1) Upon release of goods by the Director-General from a bonded warehouse, the

proprietor or occupier, as the case may be, of the bonded warehouse shall forthwith record

the release in his computer system or in such other manner as the Director-General may

determine.

(2) The proprietor or occupier, as the case may be, shall ensure the reconciliation of the

records in his computer system of the goods removed from, and the balance of the goods in,

the bonded warehouse, with the records in the Customs Management System operated by

the Customs Department of the Authority.

(3) Any proper officer shall at all times have online access to the computerised records

of the goods in the bonded warehouse, kept and maintained by the proprietor or occupier.

72. Duty of proprietor or occupier

The proprietor or occupier of every warehouse shall -

(a) stack and arrange the goods in the warehouse in such manner that reasonable

access to the goods for the purpose of examination of the packages may be

provided at all times;

(b) provide sufficient lights and accurate scales and weights for use by Customs;

examination, packing, marking, coopering, weighing and taking stock of the

warehoused goods whenever the 418

Director-General so desires;

(d) pay the duty, 419

excise duty and taxes due on all warehoused goods removed

from his warehouse, except on goods removed by authority of the Director-

General, and on all warehoused goods not produced to the officer on

demand, unless such goods are otherwise accounted for the satisfaction of

the Director-General.

420 73. Repealed by Finance Act 2015

74. Entry of warehoused goods

Warehoused goods may be entered 421

for–

(a) 422

home consumption;

(b) export;

423 (c) Repealed by Finance Act 2013

(d) export as ship's stores 424

425 (e) Repealed by ACT-15/2006

426 74A. Goods in bonded warehouse when sold or transferred

Where goods in a place deemed to be a bonded warehouse under section 7(3)(bb)(i) of the

Freeport Act 427

or in any bonded warehouse approved under this Act are sold or transferred

to any operator in a freeport zone, those goods shall be removed from that bonded

warehouse and shall not enter into any other bonded warehouse, whether in or outside a

freeport zone.

428 429 75. Repealed by Act 26/12

430 431 432 433 434 435 436 437 438 439 440 441 76. Period of Warehousing

442 (1)Goods may be warehoused from the date of their entry for warehousing for a period

of –

(a) 42 months, for goods in a bonded warehouse on or before 31 October 2016;

(b) 33 months, for goods entered as from 1 November 2016; or

443 (2) Notwithstanding subsection (1)(c), goods may be warehoused from their date of entry

for a period of 36 months, for goods entered during the period starting on 2 November 2019

and ending on 31 December 2020.

444 445 446 447 448 449 450 451 452 453 77. Failure to clear warehoused goods

(1) Where any warehoused goods are not cleared within the period specified in section

76, the Director-General may, without prejudice to any action he may take under

this Act, on giving 15 days‘ notice in writing to the owner of the goods, cause the

goods to be transferred to a customs warehouse or a warehouse approved by him for

the purpose of auction sales and be sold in accordance with section 61.

(2) Any person who fails to clear any warehoused goods within the period specified in

section 76 shall commit an offence and shall, on conviction, be liable to a fine not

exceeding 100,000 rupees.

454 455 456 457 78. Repealed by Finance Act 2013

458 79. Director-General to have access to warehouse

(1) The Director-General shall have access, at all hours of the day and night, to every

part of any warehouse and shall have power to examine the goods therein and, for

that purpose, may break open the warehouse.

(2) No liability of the Director-General shall result from any action 459

described under

subsection (1).

80. Re-examination of goods

(1) Warehoused goods may be regauged, remeasured, reweighed or examined by an

officer either by direction of the 460

Director-General or at the request and expense of

the owner, and duty, 461

excise duty and taxes on the goods shall be payable

according to the result, unless the Director-General is of opinion that any loss shown

is excessive, in which case the duty, excise duty and taxes shall be paid on the

original entry with any reduction which the Director-General thinks fit to allow.

(2) No allowance shall be made for any deficiency on wines or spirits in bottles.

81. Revaluation

Where any warehoused goods which are subject to an ad valorem duty have deteriorated in

value, they may be revalued on the application and at the expense of the owner and duty, 462 463

excise duty and taxes shall be paid according to the result where the Director-General

is satisfied that the deterioration is due to accidental causes.

82. Goods may be sorted and repacked

(1) The 464

Director-General may authorise any person having control over any

warehoused goods to sort, separate, pack and repack any goods in the warehouse

and to make any such lawful alterations therein, or arrangements and assortments

thereof, as may be necessary for the preservation, sale, shipment, or legal disposal

of those goods.

(2) After they have been so sorted, separated or repacked in proper or approved

packages, the Director-General may –

(a) at the request of the owner of such goods, cause or permit any refuse, or

damaged or surplus goods, (being the result of such sorting, separation,

packing or repacking), or any goods which may not be worth the duty, 465

excise duty and taxes to be destroyed; and

(b) remit the duty, excise duty and taxes payable thereon.

83. Goods not worth the duty may be destroyed

(1) The 466

Director-General may, after giving the owner a one month written notice,

cause any warehoused goods which are not to his satisfaction worth the duty, 467

excise duty and taxes payable to be destroyed, and he may also remit the duty,

excise duty and taxes thereon.

(2) The destruction of warehoused goods under subsection (1) 468

shall not affect any

liability of the owner of the goods to pay any rent or other charges due in respect of

such goods.

(3) Notwithstanding subsections (1) and (2), any person who -

(a) removes any goods from any bonded warehouse without paying the duty,

excise duty and taxes; or

(b) wilfully destroys any goods duly warehoused,

shall commit an offence.

84. Constructive warehousing

469 470 Where goods which have been entered for warehousing on import , are entered for

home consumption, export or removal before they have been actually warehoused 471

, such

goods shall be deemed to have been warehoused and shall be delivered as such for home

consumption, export or removal, as the case may be.

PART VIII - CUSTOMS WAREHOUSES

85. Appointment of customs warehouse

The customs warehouse shall be appointed by the 472

Director-General and such

appointment shall be published in the Gazette.

86. Goods lodged in customs warehouse

The following goods shall be deposited in the customs warehouse -

473 (a) abandoned goods, other than goods under the control of the Mauritius

474 Ports Authority;

(b) seized goods pending investigation, the decision of the 475

Director-General

or the decision of the court;

Court's decision, until the disposal of such goods;

(d) passengers' dutiable goods pending payment of duty, 477

excise duty and

taxes or pending reshipment; and

(e) such other goods as the Director-General may authorise.

87. Rent to be charged

Where any goods are deposited in the customs warehouse or other place of deposit 478 479

approved by the Director-General for the security of the duty, excise duty and taxes

thereon, or until regulations relating to the import have been complied with, the Director-

General may charge, demand and receive warehouse rent for such period as such goods

remain therein and at such rates and subject to such conditions as may be prescribed.

88. Combustible or inflammable goods

(1) No goods of a combustible or inflammable nature shall be deposited in the customs

warehouse except with the authorisation of the 480

Director-General.

(2) Where any goods described under subsection (1) are landed, they may be deposited

in any other available place approved by the Director-General.

(3) Whilst deposited in any such other place the goods shall be deemed to be in the

customs warehouse, unless duly cleared or warehoused in some approved place in

the meantime, and such charges shall be made for securing, watching and guarding

the goods until sold, cleared or warehoused as the Director-General thinks

reasonable.

(4) The Authority shall not be responsible for any damage which such goods may

sustain by reason of, or during the time of, their being deposited in any place other

than the customs warehouse and dealt with under this section.

89. Control of customs warehouse

The customs warehouse shall be wholly under the control of Customs and all the provisions

of this Act relating to bonded warehouses shall, so far as is practicable, apply to 481

the

customs warehouse.

90. Compensation

482 483 No compensation shall be paid by the Authority to any importer or owner of any goods

by reason of any damage occasioned to the goods in the customs warehouse by fire or other

inevitable accident.

PART IX - EXPORT OF GOODS AND CLEARANCE OF AIRCRAFT AND SHIPS

91. Landing place of goods for export

No goods in any ship or aircraft for export shall be unshipped or relanded in Mauritius

without the prior authorisation of the 484

Director-General.

485 91A. Outward processing

The Director-General may allow the outward processing of goods under such conditions as

he may determine.

92. Conditions of export

(1) No goods other than passengers' baggage shall be taken on board an aircraft or ship 486 487

for export unless the exporter or his agent has previously made an electronic

declaration in respect of a bill of entry, in the prescribed form, and has paid all duty, 488

excise duty and taxes, if any, upon the goods.

(2) Notwithstanding subsection (1), with the authorisation of the Director-General,

goods produced in Mauritius and liable to export duty, may be shipped 489

prior to

the delivery by the exporter or his agent of a perfect entry for the same.

(3) Notwithstanding section 8 (1) 490

and subsections (1) and (2), with the authorisation

of the Minister, sugar produced in Mauritius and liable to export duty may be

shipped prior to the delivery by the exporter or his agent of a perfect entry.

93. Short shipped goods

Where any goods entered for export are not thereafter shipped according to the entry, the

exporter shall immediately report the fact to the 491

Director-General and shall amend the

entry for the goods not later than 7 working days after the clearance of such aircraft or ship.

94. Clearance certificate

The master of any aircraft or ship, other than an aircraft or ship calling for bunkers,

provisions and stores, shall not depart with his aircraft or ship from Mauritius without

receiving from the Director of Shipping, or the 492

Director-General, as the case may be,

immediately before leaving Mauritius, a certificate of clearance, provided that, in the case

of clearance of ships, the Director of Shipping shall grant such clearance only with the

consent of the Director-General.

95. Requisites for obtaining clearance

No certificate of clearance shall be issued under section 94 unless the master of the aircraft

or ship has made due report outwards in the prescribed manner and has -

493 494 (a) delivered to the Director-General any outward manifest as may be

required by the Director-General;

(b) furnished such information and documents relating to the aircraft or ship, the

voyage and the cargo as may be required by the Director-General; and

the inward and outward cargo.

96. Missing goods to be accounted for

Where required by the 495

Director-General, the master of every aircraft or ship shall, after

clearance -

(a) produce the certificate of clearance when required to do so by the proper

officer; and

(b) account, to the satisfaction of the Director-General, for any goods specified

or referred to in the outward manifest and not on board his aircraft or ship, as

the case may be.

PART X - SHIP'S STORES

97. Stores subject to seal

(1) The proper officer may, on boarding an aircraft or ship, seal up any dutiable goods

on board the aircraft or ship, being either -

(a) unconsumed stores of the aircraft or ship; or

(b) personal property in the possession of the master or any member of the crew

or of any passenger in transit for another port outside Mauritius.

(2) Any seal placed in accordance with subsection (1) shall not be broken, disturbed or

tampered with except with the permission of the 496

Director-General while the

aircraft or ship remains in port or the airport.

(3) (a) On boarding of the proper officer, the master of any ship or aircraft shall

make a full disclosure of any dutiable goods being unconsumed stores on

board the aircraft or ship.

(b) Any member of the crew or the master of any aircraft or ship shall make a

full disclosure of any dutiable goods being unconsumed stores of the aircraft

or ship in his possession.

(4) Where the master or any member of the crew of any aircraft or ship fails to disclose,

when required by an officer, any dutiable goods being the property of, or in the

possession of, the master or such member of the crew, as the case may be, such

master or member of the crew shall commit an offence and shall, on conviction, be

liable to a fine which shall -

(a) where the value of the goods 497

does not exceed 1,500 rupees, be 4,000

rupees;

498 499 (b) where the value of the goods exceeds 1,500 rupees, be 3 times the

amount of duty, excise duty and taxes on those goods or 20,000 rupees,

whichever is the higher,

and the goods, the subject matter of the offence, shall be liable to forfeiture.

500 97A.Customs-Approved Storeroom

(1) The Director-General may, by notice in writing, approve any building or place for

the warehousing and securing therin of aircraft supplies without payment of duty,

excise duty and taxes, to be used by passengers and crew or sold to passengers on

aircraft leaving for a foreign port.

(2) a building or place approved under subsection (1) shall be known as a Customs-

Approved Storeroom.

(3) The conditions under which the supplies referred to in subsection (1) may be

imported, exported or otherwise dealt with and the procedure for the supplies

entering and leaving the Customs-Approved Storeroom shall be such as may be

prescribed.

(4) The Director-General may, by notice in writing, revoke or alter any approval under

subsection (1) where he is of opinion that the owner or occupier of the Customs-

Approved Storeroom has committed any act of misconduct, dishonesty, malpractice

or fraud.

98. Use of ship's stores

Subject to section 101 and any regulations, ship's stores, 501

whether shipped in parts beyond

the seas or in Mauritius, shall only be used by the passengers and crew for the service of the

aircraft or ship, and no such stores shall be unshipped except by permission of the 502

Director-General.

99. Surplus stores

Surplus ship's stores may, with the authorisation of and at the discretion of the 503

Director-

General, be entered in like manner as merchandise or warehoused for future use as aircraft

or ship's stores.

100. Shipment of stores

(1) (a) Upon an application made in that behalf in the prescribed form by the master

of an aircraft or ship bound for a port beyond the seas 504

or by the master of

a fishing vessel bound for a fishing expedition on the high seas, the 505

Director-General may allow, for the use of the aircraft or ship or fishing

vessel, such stores as may appear to him necessary for the voyage upon

which the aircraft or ship is about to depart.

(b) No goods taken on any aircraft or ship shall be deemed to be stores unless

duly shipped as such and duly listed in the prescribed form.

(2) Stores shipped, otherwise than in accordance with this section, shall be deemed to be

goods not entered and shall be liable to forfeiture.

(3) 506

Where an aircraft, a ship or a fishing vessel does not reach its destination due to

unforeseen circumstances and has to return to a port or an airport in Mauritius and it

is found on its arrival that there is a deficiency in its stores in excess of what the

Director-General considers reasonable, the master shall commit an offence and shall,

on conviction, be liable to a fine which shall-

(a) where the value of the deficiency in excess does not exceed 1,500 rupees, be

4,000 rupees; or

(b) where the value of the deficiency in excess exceeds 1,500 rupees, be 507

times the amount of duty, excise duty and taxes thereof‖ or 20,000 rupees,

whichever is the higher.

101. Duty on stores

(1) Where stores are bona fide required for the master, crew or passengers of any

aircraft or ship leaving Mauritius, they shall, if taken from any bonded warehouse,

be allowed to be exported free of duty, 508

excise duty and taxes.

(2) Notwithstanding subsection (1), where stores are bona fide required for the master,

crew or passengers of any aircraft or ship leaving Mauritius, such stores shall,

whether taken from any bonded warehouse for export or not, be liable to export

duty, if any, as prescribed in the Customs Tariff Act.

102. Amount of stores may be restricted

Where the amount of goods from a bonded warehouse applied for by the master or agent of 509 510511

any aircraft or ship under section 101 is, in the opinion of the Director-General, in

excess of the amount which should be normally required for the purpose of the application,

the Director-General may restrict the amount to be taken free of duty, 512

excise duty and

taxes to such quantity as he shall consider fair and reasonable in the circumstances.

513 514 515 516 103. Repealed by Act 26/12

517 104. Stores under seal

Any stores taken on board any aircraft or ship free of duty, excise duty and taxes –

(a) in the case of tobacco in any form, cigars, cigarettes, spirits, wine, ale or beer, shall

be placed under seal by an officer and remain under seal until the aircraft or ship has

left Mauritius on the outward voyage;

(b) in the case of any other stores, including anti fowling paint, ships spares and

accessories, marine oil and lubricants, may be placed on the aircraft or ship without

seal, where the Director-General is satisfied that the stores are to be used solely for

the servicing or maintenance of the aircraft or ship.

105. Penalty for breaking the seal

(1) Where such lock, mark or seal is unlawfully opened, altered or broken, the master

shall commit an offence and shall, on conviction, be liable to a fine which shall -

(a) where the value of the goods 518

does not exceed 1,500 rupees, be 4,000

rupees;

519 520 (b) where the value of the goods exceeds 1,500 rupees, be 3 times the

amount of duty, excise duty and taxes underpaid on those goods or 20,000

rupees,

521 whichever is the higher.

(2) Where stores are 522

unlawfully conveyed away before the departure of such aircraft

or ship on the outward voyage, the master shall commit an offence and shall, on

conviction, be liable to a fine which shall -

(a) where the value of the goods 523

does not exceed 1,500 rupees, be 4,000 rupees;

524 525 (b) where the value of the goods exceeds Rs 1,500, be 3 times the amount of

duty, excise duty and taxes underpaid on those goods or 20,000 rupees,

whichever is the higher.

526 105A. Bunker fuel

(1) Every master of an eligible vessel shall, at the time of boarding of the proper officer,

make a declaration, in such form and manner as may be determined by the Director-

General, of the remaining volume of bunker fuel on the vessel.

(2) Where bunker fuel is required by an eligible vessel, the master or agent of the vessel

shall make an application to the Director-General to receive the fuel, free of duty,

excise duty and taxes, in such form and manner as may be determined by the

Director-General.

(3) The Director-General shall, on an application being made by the master or agent of

an eligible vessel, authorise for use by the eligible vessel such quantity of bunker

fuel as may be necessary to be loaded on the eligible vessel from a fuel tank, on

such terms and conditions as may be determined by the Director-General.

527 (4) The master or agent of an eligible vessel shall, prior to the loading of the bunker

fuel on the vessel under subsection (3), give to the Director-General a written

undertaking to the effect that such bunker fuel shall not be unloaded in Mauritius

waters without the prior written authorisation of the Director-General.

(5) No bunker fuel loaded on an eligible vessel under subsection (3) shall be unloaded

in any manner without the prior written authorisation of the Director-General.

528 (6) Repealed by Finance Act 2013

(7) Any master or agent of an eligible vessel who fails to comply with any provision of

this section shall commit an offence and shall, on conviction, be liable to a fine not

exceeding 100,000 rupees.

PART XI - DRAWBACK

106. Drawback allowed on re-export

(1) Where goods have been imported for the purpose of undergoing processing

(including repacking, sorting and grading), manufacturing or repair and are

thereafter exported, duty and 529

excise duty paid at the time of import of such goods

may be repaid as drawback on such conditions as may be prescribed.

(2) Where goods have been imported and subsequently 530

re-exported without having

undergone any processing and without having been put to use, duty and excise duty

paid at the time of import of such goods may be repaid as drawback on such

conditions as may be prescribed.

(3) No payment of drawback shall be made until the aircraft or ship carrying such goods

has left Mauritius.

531 (4) Notwithstanding subsection (3), payment of drawback shall be made at the time the

goods are admitted into a freeport zone exclusively for export.

107. Application by actual exporters

Actual exporters demanding payment of drawback on any goods duly exported shall make

and subscribe an application in such form and manner as may be prescribed.

532 108. When no drawback allowed

Where any goods which have been entered for export under drawback are brought to any

quay, wharf or other place to be shipped for export and are, upon examination by the proper

officer found not to be of the description on the bill of entry or other documents for the

allowance of drawback, or where any goods upon which drawback has been claimed or

allowed after shipment and are subsequently found not to have been shipped, all such goods

and the packages containing them with all other contents, shall be liable to forfeiture, as the

case may be, and the person entering such goods and claiming the drawback thereon shall

in every case commit an offence and shall, on conviction, be liable to a fine which shall –

(a) when the value of such goods 533

does not exceed 1,500 rupees, be 4,000

rupees;

534 535 (b) where the value of such goods exceeds 1,500 rupees, be 3 times the

amount of duty, excise duty and taxes claimed as drawback on those goods

or 20,000 rupees, whichever is the higher.

109. Standard drawback rates

In case of goods manufactured in and exported from Mauritius, a drawback on the duty and 536

excise duty may be allowed in respect of any imported raw material used in the

manufacture of such goods at such standard drawback rates and subject to such conditions

as may be prescribed.

537 538 PART XII - GOODS FOR TRANSIT OR TRANSHIPMENT

110. Transit or transhipment

(1) On the entry inwards of any aircraft or ship, the 539

Director-General may, on the

application of the owner of any imported goods which have been specifically

manifested at the time of import as being for transit or transhipment, permit the

transit or transhipment of such goods without payment of duty, excise duty and

taxes, if any, leviable thereon.

(2) Any transit or transhipment shall take place after the passing of the appropriate

entry in respect of the goods.

(3) Where goods under subsection (1) for any reason have to leave the customs area

prior to their transit or transhipment, the Director-General may -

(a) require and take appropriate security to cover the duty, 540

excise duty and

taxes payable;

(b) require that the goods be placed or transported under seal affixed by

Customs.

(4) Any person who, without the prior authorisation of the Director-General -

(a) tranships or attempts to tranship any goods from an aircraft or ship to

another aircraft or ship; or

(b) attempts to take out of Customs control any goods entered for transit or

transhipment,

shall commit an offence, and the goods, the subject matter of the offence, shall be liable to

forfeiture.

PART XIII - COASTING TRADE

111. Coasting aircraft or ship

(1) No goods, being carried coastwise, shall be taken into or put out of any coasting

aircraft or ship at sea or in parts beyond the seas, and no coasting aircraft or ship

shall touch at any port beyond the seas, or deviate from its flight or voyage, unless

forced so to do by unavoidable circumstances.

(2) Where the master (or his agent) of any coasting aircraft or ship, which has touched

at any port beyond the seas or deviated from its flight or voyage does not declare

such fact in writing to the 541

Director-General on the arrival of the aircraft or ship in

Mauritius, he shall commit an offence under this Act and shall, on conviction, be

liable to a fine not exceeding 542

2 million rupees.

112. Foreign aircraft or ships in coasting trade

Every foreign aircraft or ship proceeding either with cargo or passengers or in ballast on

any voyage from one part of Mauritius to another part shall be subject, as to stores for the

use of the crew and in all other respects, to the same laws and regulations to which

Mauritian aircraft or ships, when so employed, are subject.

113. Officers may board

The proper officer may go on board any aircraft or ship in Mauritius and search such

aircraft or ship engaged in coasting trade and examine all goods and all goods being laden

or unladen and may require the production of all documents which ought to be on board

such aircraft or ship.

114. Goods entered outwards without landing

Where the master of any aircraft or ship has brought any goods not liable to duty, excise

duty 543

and taxes coastwise, and wishes to proceed with such goods or any of them to parts

beyond the seas, he may, with the authorisation of the 544

Director-General, enter outwards

the aircraft or ship, as well as such goods for the intended voyage without first landing the

same.

115. Bond for stores

(1) The master of every aircraft or ship bound for any island (other than the 545

Island of

Mauritius) which is under the jurisdiction of the State of Mauritius, shall furnish

bond that only such stores as the 546

Director-General may consider necessary for the

use of the master, crew and passengers of the said aircraft or ship during its flight or

voyage to that island and back again, shall be carried for the purpose to and from the

island.

(2) Where it is found on the return of the aircraft or ship to a port in the Island of

Mauritius that there is a deficiency in the quantity of stores remaining on board on

its arrival at the port in excess of such deficiency as the Director-General considers

reasonable, the master shall be liable to pay treble the duty, 547

excise duty and taxes

due on such excess.

116. Goods to be carried coastwise

No goods shall be carried coastwise except goods produced in Mauritius and goods which

have been legally imported into Mauritius and upon which duty, 548

excise duty and taxes, if

any, have been paid.

549 PART XIIIA - RODRIGUES DEVELOPMENT ZONE

116A. Application of PART XIIIA

(1) This Part shall apply to specified goods entering 550

or leaving the Island of

Rodrigues from or to the Island of Mauritius.

(2) Any specified goods shall be transported from the Island of Mauritius to the Island

of Rodrigues under Customs control.

(3) For the purposes of this Part -

551 552 "specified goods" means any goods subject to duty, other than those specified

in the First Schedule, destined for the Island of Rodrigues, which are-

553 (a) imported;

(b) removed from a bonded warehouse;

554 (c)

(d) removed from a freeport zone.

116B. Specified goods entering the Island of Rodrigues

Any specified goods entering the Island of Rodrigues shall be deemed to be goods imported

into the Island of Rodrigues and shall be entered free of duty.

116C. Specified goods leaving the Island of Rodrigues

(1) Subject to the other provisions of this section, any specified goods which have

entered the Island of Rodrigues free of duty shall, when entering the Island of

Mauritius as merchandise for sale or as accompanied or unaccompanied luggage, be

deemed to be goods imported into the Island of Mauritius and shall be entered on

payment of duty and value added tax.

(2) The value added tax referred to in subsection (1) shall be calculated on the amount

of duty payable on those goods.

(3) Subject to subsection (4), where a passenger travels from the Island of Rodrigues to

the Island of Mauritius, he shall, upon presentation to a proper officer, of his

passport, national identity card, or travel document, as the case may be, be entitled -

(a) where he is under the age of 12 years, to a duty-free allowance of 10,000 555

rupees; or

(b) in any other case, to a duty-free allowance of 20,000 556

rupees; or

on any specified goods purchased in the Island of Rodrigues and which are accompanied

luggage of the passenger.

(4) Where the value of the specified goods exceeds the allowance referred to in

subsection (3), duty and excise duty 539

on the excess value of those goods and value

added tax calculated on the amount of that duty and excise duty 557

shall be leviable.

116D. Report of ship or aircraft

The master of every ship or aircraft transporting specified goods from the Island of

Mauritius to the Island of Rodrigues shall submit to the 558

Director-General a report, in

such form and in such manner as may be approved by the Director-General, of the ship or

aircraft, its cargo of specified goods and of its departure from the Island of Mauritius and its

arrival in the Island of Rodrigues.

116E. Offences and penalties

The offences and penalties provided for under the customs laws shall apply to any specified

goods leaving the Island of Mauritius and entering the Island of Rodrigues or leaving the

Island of Rodrigues and entering the Island of Mauritius as if those goods were exported

from, or imported into, the Island of Mauritius.

PART XIV - AGENTS AND BROKERS

117. Authorised persons

559 The Director-General may, in writing, authorise such persons as he thinks fit to act as

agents or brokers for transacting business relating to the entry or clearance of any aircraft or

ship or any goods or baggage other than the accompanied non-manifested personal baggage

of persons travelling by air or sea.

118. Execution of bond

(1) Every broker and agent shall subscribe and execute a bond with two sureties for the

proper compliance by such broker and agent, and their customs clerks, with the

customs laws.

(2) In the case of brokers, the bond shall be in the amount of 560

250,000 rupees.

(3) In the case of 561

freight forwarding agents, the bond shall be in the amount of not

less than 562

one million rupees.

(4) The 563

Director-General may at any time call for the renewal of a bond for any valid

reason, including the replacement of sureties who have ceased to be acceptable as

sureties.

119. Requisites for agents and brokers

564 565 (1) No person shall be authorized by the Director-General to act as agent or broker

unless he is satisfied that such person has the necessary ability or the necessary

equipment and storage facilities for the handling and safe custody of cargo to

effectively transact his business.

566567 568 (1A), (1B), (1C), (1D) [Repealed]

(2) The storage facilities of an agent or broker shall be deemed to form part of a quay 569 570

,wharf or airport for the purposes of section 55.

(3) The Minister may prescribe the maximum number of persons to be authorised under

subsection (1).

571 572 (4) The Director-General may, by notice in writing, suspend for such period as he

may determine, or revoke the authority given to any person to act as agent or broker 573

where –

(a) 574

that person has been guilty of an offence involving fraud or other

dishonesty or been guilty of any crime or misconduct;

(b) findings of fraud or misconduct in the exercise of such person's function as

broker or agent, have been established;

575 (ba) the Director-General is of the opinion that the agent or broker has, in the

exercise of his function as agent or broker, committed any act of misconduct,

dishonesty or fraud;

or physical incapacity;

(d) that person fails to execute or renew the bond required by section 118, or

fails to take out or renew the 576

prescribed licence; or

(e) where that person has not, on a continual basis, practised as agent or broker

for a period of one year.

(5) Where 577

a notice in writing made under subsection (4) specifying the reason or

reasons for which the authority is revoked has been given to that person or to his

clerk or at his usual place of abode or business, such authority shall cease to have

effect.

578 (5A)While an authorisation is suspended, the agent or broker shall not, during the period

of the suspension, carry out his duties as agent or broker.

(6) For the purpose of this Part, ―agents or brokers‖ does not include shipping or

aircraft agents entering or clearing the aircraft or ship, or their principals, in the

discharge of their duties as agents or proxies.

119A. 579

Duties and obligations of a freight forwarding agent or broker

In addition to the duties and obligations under this Act, a freight forwarding agent or

broker shall comply with such duties and obligations relating to the entry of goods as

may be prescribed.

580 581 120. Appointment and revocation of Customs clerk

(1) (a) An agent, broker, importer or exporter shall apply to the 582

Director-General

for such person as may be designated by him to assist him in transacting his

business at Customs, to be registered as customs clerk.

(b) An application under paragraph (a) shall be made in such manner and in

such form as may be approved by the Director-General.

(2) The Director-General may register a customs clerk on such terms and conditions as

he may determine.

(3) No person shall act as customs clerk unless he is registered with the Director-

General.

(4) Where the Director-General is of opinion that any customs clerk has, in the

discharge of his duties as customs clerk, committed any act of misconduct,

dishonesty or fraud, he shall, by notice in writing, suspend for such period as he

may determine, or cancel, the registration of the customs clerk.

(5) The Director-General shall give an opportunity to a customs clerk to answer in

writing any charge of misconduct, dishonesty or fraud before a notice under

subsection (4) is given.

121. No entry of goods by unauthorised persons

583 Where -

(a) any person not authorised to act as agent or broker for transacting business

relative to the clearance of any aircraft or ship, goods or baggage;

(b) any person not being the designated clerk to any duly authorised agent,

broker, importer, exporter or consignee;

makes or causes to be made entry of any goods without being duly authorised for the

purpose by the importer, exporter or consignee of these goods, he shall commit an offence

and shall, on conviction, be liable to a fine not exceeding 584

20,000 rupees.

122. Authority may be required

(1) Where any person makes an application to the 585

Director-General to transact

business on behalf of any other person, the Director-General may require the person

so applying to produce a written authority from the person on whose behalf the

application is made and, in default of the production of such authority, reject such

application.

(2) The Director-General may require the authority to specify the business and such

other reasonable information as he may determine.

123. Liability of agents and brokers

(1) Subject to subsection (2), an agent, broker or person who performs any act on behalf

of the owner of any goods shall, for the purposes of this Act, be deemed to be the

owner of such goods and shall accordingly be personally liable for the payment of

any duty, 586

excise duty and taxes to which such goods are liable and for the

performance of all acts in respect of such goods which the owner thereof is required

to perform under 587

this Act.

(2) The liability of the agent, broker or other person under this section shall not extend

to the payment of any such duty, excise duty and taxes which become payable, or

the performance of any such act which falls to be performed, after the agent, broker

or other person has ceased, in respect of such goods, to be the agent of the owner

unless he has undertaken a personal liability.

(3) Nothing contained in this section shall relieve the owner of such goods from any

such liability.

124. Liability of owner for acts of agent or his own employee

(1) Unless otherwise established to the satisfaction of the 588

Director-General, an owner

of goods shall be liable for the acts and declarations of his duly authorised agent or

designated clerk and may accordingly be prosecuted for an offence committed by

such agent or designated clerk in relation to any such goods as if such owner had

himself committed the offence.

(2) An owner shall not be sentenced to imprisonment for any offence committed by his

duly authorised agent or designated clerk unless such owner actually consented to

the commission of the offence.

(3) Nothing herein contained shall relieve the duly authorised agent or designated clerk

from any liability to prosecution in respect of any such offence.

PART XV - POWERS OF OFFICERS

Sub-Part I - General

589 125. Power of Director-General to enforce customs laws

(1) The Director-General has, within the customs area 590

, port premises, airport or

freeport zone, exclusive power to enforce customs laws and any other enactment in

so far as import or export of goods is concerned, including the power to perform 591 592

security checks, to question detain and search persons and to search their

luggage and goods.

(2) The Director-General has power to enforce, anywhere in Mauritius, customs laws

and any other enactment in so far as import or export of goods is concerned.

(3) The Director-General may request the assistance of the police in enforcing customs

laws. 593

594 (4) This section shall also apply in the case where the amount of currency or bearer

negotiable instruments may involve money laundering 595

, the financing of terrorism

or any other criminal offence referred to in section 131A.

596 597 125A. Power to waive penalty, interest, surcharge or rent

(1) The Director-General may, in accordance with guidelines issued by the Independent

Tax Panel under the Mauritius Revenue Authority Act, waive the whole or part of

any penalty, interest, surcharge or rent imposed under any customs law where

failure to comply with the customs law was attributable to a just or reasonable

cause.

(2) In the exercise of his power under subsection (1), the Director-General shall, in

writing, record the reason for waiving the penalty, interest, surcharge or rent.

598 125B. Statements of Practice

The Director-General shall, from time to time, issue and publish Statements of Practice in

relation to the application of specific provisions of the customs laws.

126. Power of officers to enforce laws relating to customs

Every officer is hereby empowered to enforce the provisions of 599

this Act and the Customs

Tariff Act and any other enactment in so far as import or export is concerned and in so far

as the assistance of Customs is required for the implementation of such enactments.

600 601 602

127. Power to examine all goods

(1) Any officer may, at the risk of the owner, open packages and examine, weigh, mark

and seal any goods subject to the control of 603

Customs.

604 (1A)Any examination under subsection (1) may include the physical or chemical testing

of, the drilling into, or the dismantling of, the goods and may be facilitated by any

means including the use of chemical substances, detector dogs, x-ray scanning or

other imaging equipment, or other mechanical, electrical or electronic device.

(2) The expenses of the examination including the cost of removal to and from the place

of examination shall be borne by the owner.

605 127A. Production of books and records

(1) The 606

Director-General or a proper officer may, in respect of the entry of any 607 608

goods, require the importer ,exporter, agent or broker of those goods to—

609 (a) produce, at such time and place as may be specified by the Director-General,

for —

610 611 (i) examination, books, records, invoices , bank statements,

documents in respect of financial transactions or other documents of

any kind relating to those goods, whether on computer or otherwise,

which the Director-General or the proper officer considers necessary

and which are in the possession or custody or under the control of

that importer or exporter;

(ii) retention, for a period not exceeding 2 months by the Director-

General, of any record or document specified in subparagraph (i) or

for taking copies of or extracts therefrom;

(b) 612

give all reasonable assistance and answer all proper questions

either orally or in writing.

(2) Any person who, when so required, fails to comply with 613

subsection (1) shall

commit an offence and shall, on conviction, be liable to a fine not exceeding 614

200,000 rupees and to imprisonment for a term not exceeding 2 years.

615 127B. Power to access computers and other electronic devices

For the purposes of section 127A, the Director-General may, at any reasonable time –

(a) have access to –

(i) any computer, computer software, whether installed in the computer

or otherwise, electronic till or any other device, used in connection

with any document which the person is required to produce; or

(ii) any information, code or technology which has the capability of

retransforming or unscrambling encrypted data contained or

available to such computers or devices into readable and

comprehensive format or text;

(b) inspect and check the operation of any such computer or other device and

make extracts of any computer software, computer output or such other

document used in connection therewith;

electronic device is operated, or any person concerned with the operation of

the equipment, to give such assistance as is necessary for the purposes of this

section; and

(d) require any person in possession of decryption information to grant him

access to such decryption information necessary to decrypt data required for

the purposes of this section.

128. Power to board and search aircraft or ship

(1) Any proper officer may, within the borders of Mauritius including its territorial

waters and air space -

(a) board any aircraft or ship;

(b) search any aircraft or ship; and

(2) (a) The power of an officer to board extends to staying on board any aircraft or

ship in or for the performance of his duties.

(b) The 616

Director-General may station an officer on board any ship and the

master shall provide suitable accommodation and suitable and sufficient

food for that officer.

(3) The power of an officer to search extends to every part of any aircraft or ship and

includes the power to open any package, locker or place and to examine all goods.

(4) The power of an officer to secure any goods includes the power to fasten down

hatchways and other openings into the hold and to lock up, seal, mark or otherwise

secure any goods and to remove any goods to the customs warehouse.

(5) No person shall open, alter, break or erase any fastening, mark, lock or seal placed

by an officer upon any goods or upon any door, hatchway, opening or place upon

any aircraft or ship except by authority of the Director-General, so long as the goods

upon which the fastening, lock, mark or seal is placed, or which are intended to be

secured, remain subject to the control of Customs.

129. Patrol of coasts

Any officer in the course of his duty, and any person or persons assisting him, may patrol

upon and pass freely along and over any part of the coast or of the shores, banks or beaches

of any port, bay or harbour.

130. Boats to be moored in any place

The officer in charge for the time being of any vessel or boat employed in the service of

Customs may haul that vessel or boat upon any part of the coast or upon the shores, banks,

or beaches of any port, bay or harbour and may moor that vessel or boat there and keep her

so moored for such time as he thinks necessary.

131. Power to question

617 618 (1) Any person who has landed from or got out of, or is about to embark on, any

aircraft or ship may be questioned by any officer as to whether he has any dutiable

or other goods or any prohibited goods in his possession.

(2) In the course of any questioning as described under subsection (1), such officer may

inspect such person's travel documents including passport or laissez-passer and

tickets 619

and make a scanned copy thereof, which shall be saved in the Customs

Management System operated by the Customs Department of the Authority.

620 131A. Physical cross-border transportation

621 622 (1) Any person making a physical cross-border transportation of currency or

bearer negotiable instruments 623

or precious stones and metals including gold,

diamond and jewellery or any goods of high value including work of arts of an

amount of more than 500,000 rupees or such other amount as may be prescribed or

its equivalent in any foreign currency shall make a declaration to the proper officer,

in such manner as may be prescribed, of the amount of the currency or bearer

negotiable instruments or precious stones and metals including gold, diamond and

jewellery or any goods of high value including work of arts in his possession, their

origin and intended use.

624 625 (1A) (a) Where a person makes a declaration under subsection (1), the proper

officer shall, forthwith, forward a copy of the declaration to the FIU.

(b) Where a person does not make a declaration under subsection (1) and the

proper officer reasonably suspects that the amount of currency or bearer

negotiable instruments 626

or precious stones and metals including gold,

diamond and jewellery or any goods of high value including work of arts in

the possession of the person -

(i) is more than the amount referred to in subsection (1);

(ii) may involve money laundering, the financing of terrorism or any

other criminal offence 627

he shall require the person to make a declaration to him, in such manner as

may be prescribed, of the amount of the currency or bearer negotiable

instruments or precious stones and metals including gold, diamond and

jewellery or any goods of high value including work of arts in his

possession, its origin and intended use.

(1B) For the purposes of ascertaining the amount of foreign currency referred to

in subsections (1) and (1A), the rate of exchange applicable shall be

determined in accordance with section 7 of the Customs Tariff Act.

628 629 (2) Any person making a declaration under subsection (1) or (1A) or refuses to

make a declaration when required to do so under subsection (1A)(b) may be

questioned by an officer on the particulars of the 630

declaration and in the course of

any questioning, the officer may inspect the person‘s travel documents including

passport or 631

laissez-passer and tickets.

632 633 (3) Where -

(a) a person refuses to make a declaration when required to do so under

subsection (1A)(b); or

(b) a proper officer has reasonable cause to believe that the declaration made by

a person under subsection (1) or (1A) is false or misleading in any material

particular,

the proper officer may detain and search the person in accordance with section 132.

634

635 636 (4) Where a proper officer reasonably suspects that the amount of currency or

bearer negotiable instruments or precious stones and metals including gold, diamond and

jewellery or any goods of high value including work of arts declared under subsection (1)

or (1A) and detected, if any, pursuant to subsection (3), may involve money laundering,

financing of terrorism or any other criminal offence, he shall –

(a) forthwith pass on the information to FIU, the Police, the Independent

Commission against Corruption established under the Prevention of

Corruption Act or the Counterterrorism Unit, as the case may be;

(b) detain, in an escrow account or in such other manner as the Director-General

may determine, the amount of the currency or bearer negotiable instruments or

precious stones and metals including gold, diamond and jewellery or any

goods of high value including work of arts found in the possession of the

person, so as to allow for an investigation to be carried out by the Director-

General;

(i) evidence gathered as a result of the investigation; and

(ii) subject matter of the offence detained by the Director-General under

subparagraph (b), in case of –

(A) money-laundering, to the Independent Commission against

Corruption;

(B) financing of terrorism or any other criminal offence, to the Police,

the Counterterrorism Unit or such other relevant investigatory

body, as the case may be,

for such further investigation or action as may be required.

637 (4A) In any action or proceeding arising out of the detention of the amount of the

currency or bearer negotiable instruments or precious stones and metals including gold,

diamond and jewellery or any goods of high value including work of arts under subsection

(4), the burden of proving the source of the amount of the currency or bearer negotiable

instruments or precious stones and metals including gold, diamond and jewellery or any

goods of high value including work of arts detained shall lie with the alleged offender.

(5) Any person who –

638(a) fails to make a declaration under subsection (1);

640 641639(b) when so required, refuses to make a declaration under subsection (1A);

in any material particular; or

(d) without reasonable excuse, refuses to answer questions under subsection (2),

shall commit an offence and shall, on conviction, be liable to a fine 642

of not less

than 20 per cent of the whole amount which is the subject matter of the offence but

not exceeding 2 million rupees and to imprisonment for a term not exceeding 5 643

years.

644 (5A) Notwithstanding section 162(6), where an offence is committed under this section

by any person and he does not agree to compound the offence, the Director-General shall 645

detain the amount of the currency or bearer negotiable instruments or precious stones and

metals including gold, diamond and jewellery or any goods of high value including work of

arts found in the possession of the person.

646 (5B) Where the Court has convicted a person under subsection (5), the subject

matter of the offence may be confiscated and –

(a) the currency or bearer negotiable instruments; or

(b) in case of precious stones and metals including gold, diamond and jewellery

or any goods of high value including work of arts, shall be disposed of by

public tender or public auction in accordance with section 61(1) and the

proceeds of sale,

shall be paid into the Consolidated Fund.

(6) In this section –

―bearer negotiable instruments‖-

(a) means monetary instruments in bearer form; and

(b) includes –

(i) bearer traveller‘s cheques;

(ii) cheques, promissory notes and money orders, that are either in bearer

form, endorsed without restriction, made out to a fictitious payee, or

otherwise in such form that title thereto passes upon delivery; or

(iii) incomplete instruments, including cheques, promissory notes and

money orders, signed, but with the payee‘s name omitted;

647 ―Counterterrorism Unit‖ has the same meaning as in the Prevention of Terrorism

Act;

―currency‖ means banknotes and coins that are in circulation as a medium of

exchange;

648 ―financing of terrorism‖, in relation to section 131A, has the meaning assigned to

it in section 11 of the Prevention of Terrorism Act;

649 ―financing of terrorism‖ has the meaning assigned to it in section 4 of the

Convention for the Suppression of the Financing of Terrorism Act;

―FIU‖ has the same meaning as in the Financial Intelligence and Anti-Money

Laundering Act;

―money laundering‖, in relation to section 131A, has the meaning assigned to it in

section 3 of the Financial Intelligence and Anti-Money Laundering Act;

650 ―money laundering‖ means money laundering referred to in section 3 of the

Financial Intelligence and Anti-Money Laundering Act;

651652―person‖ includes653 any passenger in transit in Mauritius, any incoming passenger

or any outgoing passenger holding a valid embarkation card;

―physical cross-border transportation‖ –

(a) means any in-bound or out-bound 654

or in transit physical transportation of

currency or bearer negotiable instruments 655

or precious stones and metals

including gold, diamond and jewellery or any goods of high value including

work of arts, from one country to another country; and

(b) includes –

(i) physical transportation by a natural person, or in that person‘s

accompanying luggage;

(ii) shipment of currency 656

or precious stones and metals including gold,

diamond and jewellery or any goods of high value including work of

arts through containerized cargo; or

(iii) the mailing of currency or bearer negotiable instruments 654

precious stones and metals including gold, diamond and jewellery or

any goods of high value including work of arts, by a natural or legal

person.

132. Detention and search of suspected persons

(1) Where any officer has reasonable cause to believe that any person is unlawfully

carrying, whether concealed or secreted about his person or not, any goods subject to the

control of Customs or any prohibited goods, that officer may detain and search the

suspected person.

657 658 (1A) This section shall apply to any person referred to in section 131A(4).

(2) A female shall not be searched except by a female officer.

659 (3) Any search carried out under this section may be effected through the use of x-ray

scanning or other imaging equipment or such other device as the Director-General

may determine.

133. Power to stop vehicles within customs area

(1) Any officer may, upon reasonable suspicion, stop and search any vehicle within the

customs area 660

, port premises, airport or freeport zone, for the purpose of

ascertaining whether any dutiable goods, or any prohibits or restricted imports or

exports, are contained therein.

(2) The driver of any vehicle who fails to stop or who fails to permit such search

whenever required by any such officer shall commit an offence.

134. Power to stop vehicles outside customs area

(1) Any officer or police officer may, upon reasonable suspicion, stop and search any

vehicle for the purpose of ascertaining whether any dutiable goods, or any

prohibited or restricted imports or exports, are contained therein.

(2) The driver of any vehicle who fails to stop or who fails to permit that search

whenever required by any such officer shall commit an offence.

135. Search warrant

(1) Where the 661

Director-General reasonably suspects that an offence against this Act

has been, is being or is likely to be committed, he may issue to an officer a warrant 662 663

in the form set out in the Second Schedule for the search of any premises.

(2) Notwithstanding subsection (1), licensed premises may be searched without

warrant.

664 (3) For the purposes of subsections (1) and (2), an officer may -

(a) question the owner of, or any person found on, the premises;

(b) inspect and take copies of any material documents, or of any material

information stored in a computer or other electronic device found on the

premises;

and seals at the premises, pending their removal to a customs warehouse.

(4) The Director-General may, at the request of the owner or custodian of detained

goods, allow the release of the goods, other than prohibited goods, subject to -

(a) the submission of a bank guarantee covering the 665

duty, excise duty and

taxes underpaid on the goods which shall be liable to forfeiture on a final

conviction by a competent Court;

(b) the retention of appropriate samples as exhibits.

136. Power to take assistance

Any officer acting under a warrant issued under section 135 of this Act may be assisted by

any police officer and such other persons as he thinks necessary.

137. Arrest of persons

(1) Any officer may, without warrant, arrest any person whom he has reasonable

ground to believe is involved in the commission or attempted commission of any of

the following offences -

(a) smuggling;

(b) importing any prohibited goods;

(d) unlawfully conveying or having in his possession any smuggled goods or

prohibited goods; 666

667 (da) money laundering or financing of terrorism pursuant to section 131A(4); or

(e) striking, obstructing, molesting or assaulting any officer in the execution of

his duty.

(2) Every person arrested shall, as soon as practicable and at any rate not later than

within 24 hours of his arrest, be referred to the police.

(3) The police shall make an appropriate entry of the referrant in the occurrence book of

the police station where an arrested person is brought by an officer.

(4) Any such officer may use reasonable force to make the arrest.

138. Impounding of documents

668 669 (1) The Director-General may impound or retain any document presented in

connection with any entry or required to be produced under this Act and the person

otherwise entitled to such documents shall, on his application, be given in lieu

thereof a copy of the document duly certified by the Director-General.

(2) Such certified copy shall be admissible evidence at any trial to the same extent and

in the same manner as the original.

139. Further proof of proper entry

670 671 The Director-General may detain or require from the importer or exporter of any

goods proof by declaration, or by the production of documents, that the goods are owned as

claimed and are properly described, valued or rated for duty and, failing such proof, the

Director-General may refuse to deliver the goods or allow the exporter to pass any entry

relating thereto.

140. Translation of foreign documents

Where any document in a language other than English is presented to any officer for any

purpose connected with the business of Customs, the 672

Director-General may require a

translation in the English language to be made at the expense of the owner by such person

as the Director-General may approve.

141. Customs samples

Samples of any goods under the control of Customs may, for any purpose deemed

necessary by the 673

Director-General, be taken, utilised and disposed of by him in the

prescribed manner.

142. Officers may board ships hovering on coast

(1) Any officer, in the course of his duty, may require the master of any ship hovering

within the territorial waters of Mauritius to depart and, if the ship fails to depart

accordingly within 24 hours thereafter, any officer may, in the course of his duty,

board such ship and have her brought into port and searched.

(2) Any officer, in the course of his duty, may examine all persons on board that ship

and they shall each thereupon answer questions relative to the ship and her cargo,

crew, passengers, stores and voyage and produce documents relative to the ship and

her cargo.

(3) For purposes of subsections (1) and (2) such officer may request the assistance of

the National Coast Guard.

Sub-Part II - Legal Proceedings

143. Notice of seizure to be given

(1) Where any goods have been seized under this Act, the 674

Director-General shall

serve notice in writing of the seizure and the cause thereof to the owner of the goods

or his agent.

(2) All goods which have been seized shall be deemed to be condemned by the

Director-General and may be sold as provided in section 144 unless the person from

whom such goods were seized, or the owner thereof, gives notice in writing to the

Director-General within one month from the date of seizure or service of the notice

of such seizure, as the case may be, that he claims such goods and enters an action

claiming the goods before the competent court within 3 months from the date of his

notice to the Director-General.

675 (3) (a) Where any goods so seized are –

(i) of a perishable nature or are living animals;

(ii) subject to wasting or other forms of loss in value or the cost of storage or

maintenance of the goods is likely to exceed its value,

the goods may, with the consent of the owner of the goods or his agent,

forthwith be sold by the Director-General in accordance with section 144 of this

Act.

(b) The proceeds of any sale effected under paragraph (a) shall –

(i) be retained in an escrow account or in such other manner as the Director-

General may determine; and

(ii) be subject to the same conditions as other seized goods.

144. Seized goods to be sold by public auction or public tender

(1) All goods which are seized under this Act shall be delivered into the custody of the 676

Director-General who shall, subject to section 143 (2) or to the order of a 677

Court, cause them to be sold by public auction or by public tender, as he may

determine.

(2) Notwithstanding subsection (1), the Minister may direct that, in lieu of being sold, 678 679

such goods shall be destroyed or shall be reserved for a Ministry, a

Government department, a local authority, a statutory body, the Rodrigues

Regional Assembly, a foreign government 680

or a charitable institution.

681 (3) In this section –

―charitable institution‖ has the same meaning as in the Income Tax Act.

145. Value of goods seized

(1) The value of goods seized shall be the value at the time of seizure.

(2) Notwithstanding subsection (1), where any penalty or fine, the amount of which is

to be determined in relation to the value of any goods, is incurred under any customs

laws, the goods shall not be deemed to be of less value by reason of any damage or

injury they may have sustained in the course of any attempt to destroy or make

away with them by any person.

146. Security may be given for goods seized

(1) Where any goods have been seized under this Act, the judge may, 682

unless the 683

Director-General objects to a delivery, order the delivery thereof on the provision 684 685

of security and with 2 sufficient sureties approved by the Director-General.

(2) The security mentioned in subsection (1) shall be given for double the value of the

goods and delivered to the Director-General.

147. Burden of proof

In any action or proceedings arising out of the seizure of any goods on the ground that the

duty, 686

excise duty and taxes thereon have not been paid or on any other ground, the

burden of proving that the seizure was illegal shall lie on the person making the allegation.

687 688 148. Proceedings for recovery of duty, excise duty and taxes

(1) Subject to section 24A, proceedings for the recovery of duty, excise duty and taxes

imposed or for the forfeiture of goods under customs laws shall be instituted in the

name of the Director-General.

(2) No law relating to the limitation of action shall bar or affect any action or remedy

for the recovery of duty, excise duty and taxes under the customs laws.

149. Security to abide by decree of court

(1) Where in any proceedings, the 689

Court delivers judgment ordering the return of any

goods to the owner or claimant, the execution of the judgment shall not be stayed

pending the appeal where the party to whom the goods are ordered to be returned

furnishes security to the satisfaction of the court for the restitution of the goods, or

the payment of the full value thereof in case the judgment is reversed on appeal.

(2) The full value of the goods, for the purposes of subsection (1), shall either be

ascertained by agreement between the parties or, where the parties cannot agree, by

appraisement under the authority of the court.

690 Subpart III Protection to Officers

150.

PART XVI - PENAL PROVISIONS

Sub- Part I - Seizures and Forfeitures

151. Seizure of goods

(1) The following goods may be seized by an officer-

(a) 691

goods imported into Mauritius, including but not limited to those listed

below, in relation to which an offence under the customs laws is reasonably

suspected to have been committed by any person;

(b) goods which have been smuggled into Mauritius;

person on any ground;

(d) goods which are imported while being prohibited or restricted;

(e) prohibited or restricted goods put on any aircraft or ship or brought to any

wharf, port or place for export;

(f) goods in respect of which bulk is unlawfully broken;

(g) dutiable goods concealed in any manner in respect of which applicable duty, 692

excise duty and taxes have not been paid;

(h) dangerous drugs specified in the Dangerous Drugs Act 693

, which are

unlawfully imported or unlawfully in the possession of any person;

(i) goods which are not properly classified or described in an import entry or

which are classified or described in a manner likely to deceive an officer in

the discharge of his duties, unless the same does not appear to have been

done wilfully or deliberately;

(j) goods which are imported in a name, including a purported trade name,

which is fictitious, false or misleading;

(k) goods which are consigned to an address which is fictitious, false of

misleading or an address which is designed to conceal the true name or

identity of the importer or consignee;

(l) goods which are imported in the name of a corporate body which is not

registered or not registered under that name;

(m) goods which, being required under this Act to be removed or dealt with in

any particular way, are not removed or dealt with accordingly;

(n) goods, other than baggage belonging to any crew, master or passenger,

which are found in any aircraft or ship after reporting inward or outward, as

the case may be, in a port or airport and which are not specified in the

inward or outward manifest or parcel list;

(o) dutiable goods found in the possession or in the baggage of any person who

has landed from any aircraft or ship and who has denied that he has any such

goods in his possession or in his baggage or who, when questioned by an

officer, does not fully disclose such goods;

(p) dutiable, prohibited or restricted goods which are found to be unlawfully in

any aircraft or ship;

(q) goods which are falsely or incorrectly described in the manifest of an aircraft

or ship or in any document relating to the import thereof;

(r) 694

cargo of any aircraft or ship which hovers in the vicinity of the coast and

does not depart within 24 hours after being required to depart in accordance

with section 142 of this Act.

(2) 695

Any goods seized by an officer under subsection (1) shall be liable to forfeiture.

152. Seizure of modes of transport

The power to seize goods as described under section 151 of this Act shall extend to any

vehicle, aircraft or ship knowingly used or permitted to be used by the owner thereof in the

conveyance of such goods.

153. Seizure of goods and packages

(1) The seizure of any goods shall extend to the seizure of the packages in which such

goods are contained.

(2) Where a ship, aircraft, vehicle or container, or any part thereof, has been specially

constructed, adapted, altered or fitted in any manner for the purpose of concealing

goods, that ship, aircraft, vehicle or container may be seized and shall be liable to

forfeiture.

Sub-Part II - Various Offences and Penalties

154. Penalties applying to owner of aircraft or ship

(1) The owner of 696

any aircraft or ship-

(a) 697

used in smuggling or used in the unlawful import, export, or conveyance

of any prohibited or restricted goods;

(b) found within the territorial waters or air space of Mauritius, as the case may

be, and failing to bring to for boarding upon being lawfully requested to do

so;

may be, and not departing within 24 hours after being requested to depart by

an officer;

(d) from which any goods are thrown overboard, staved or destroyed, to prevent

seizure by Customs;

(e) found within any port or airport with cargo on board, and afterwards found

light or in ballast or with the cargo deficient, and the master of which is

unable lawfully to account for the deficiency to the satisfaction of the 698

Director-General;

(f) found within Mauritius including its territorial waters or the air space, as the

case may be, having false bulkheads, false bows, sides or bottoms, or any

secret or disguised place adapted for the purpose of concealing goods or

having any hole, pipe or other device adapted for the purpose of smuggling

goods;

(g) found within any port or airport having on board or in any manner attached

thereto, or conveying or having conveyed any goods in a manner such as to

be in contravention of customs laws or any other laws of Mauritius,

whenever a responsible officer of such aircraft or ship is involved, even by

neglect;

(h) engaged in coasting trade in violation of section 116,

shall commit an offence and shall, on conviction, be liable to a fine not exceeding 699

million rupees and the aircraft or ship may be detained until the penalty is paid or until

security, to the satisfaction of the 700

Court, is given for payment of such penalty.

(2) For the purposes of subsection (1) (g) -

701 ―neglect" includes cases where goods not claimed, or owned by any of the crew

are discovered in a place in which they could not reasonably have been put if the

responsible officer or officers having supervision of such place had exercised care at

the time of the loading of the aircraft or ship or of the coming on board the aircraft

or ship of the crew or subsequently.

―responsible officers" shall be the master, mates and engineers of any aircraft or

ship, and in the case of an aircraft or ship, carrying passengers, the purser or chief

steward;

155. Collusion

Any person who, being an officer or police officer -

(a) makes any collusive seizure or delivers up or makes any agreement to

deliver upon not to seize any aircraft or ship or goods liable to forfeiture;

(b) conspires or connives with any person to import or export or is in any way

concerned in the import or export, of any goods for the purpose of seizing or

causing the seizure of any aircraft or ship or goods and 702

the police officer

obtaining any reward for such seizure;

(d) before, at or after any seizure, staves in or destroys any such goods or

destroys any documents relating thereto to prevent the seizure thereof,

shall commit an offence and shall, upon conviction, be liable to imprisonment for a term

not exceeding 5 years.

156. Smuggling and other prohibited activities

(1) Any person who -

(a) smuggles into Mauritius any goods;

(b) imports any prohibited or restricted goods;

(i) any goods on which any duty, 703

excise duty and taxes payable have

not been paid; or

(ii) any goods, whether dutiable or not, which cannot be accounted for to

the satisfaction of the 704

Director-General; or

(iii) any smuggled goods, prohibited goods or restricted goods,

shall commit an offence.

705 (2) Any person who commits an offence under subsection (1) shall on conviction, be

liable

(a) to a fine which shall –

(i) where the value of the goods does not exceed 1,500 rupees, be 4,000

rupees;

(ii) where the value of the goods exceeds 1,500 rupees, be 706

3 times the

amount of duty, excise duty and taxes on those goods or 20,000

rupees, whichever is the higher,

707 708 (b) imprisonment for a term not exceeding 8 years, and the goods, the

subject-matter of the offence, shall be liable to forfeiture.

709 156A. Selected prohibited goods

(1) Without prejudice to section 156(1)(b), any person who imports any selected

prohibited goods shall be liable to a penalty not exceeding 100,000 rupees.

(2) The Director-General shall issue to the person a written notice claiming the amount of

penalty referred to in subsection (1).

(3) The Director-General may, subject to the payment of the penalty referred to in

subsection (1) –

(a) allow the person to export the selected prohibited goods on such conditions as he

may determine; and

(b) refund to the person, upon exportation of the selected prohibited goods, any

duty, excise duty and taxes paid.

(4) (a) Any person who is dissatisfied with a notice under subsection (2), may object to the

notice in accordance with section 24A(3).

(b) The procedure set out in section 24A(3) and (4) shall apply to an objection made

under paragraph (a).

his objection, he may lodge written representations with the Clerk of the Assessment

Review Committee in accordance with section 19 of the Mauritius Revenue Authority

Act.

(5) (a) Subject to paragraph (b), the Director-General may, in the case of any selected

prohibited goods imported and under customs control before the commencement of

this section –

(i) allow the person to export the selected prohibited goods under such

conditions as the Director-General may determine; and

(ii) refund to the person, upon exportation of the selected prohibited goods,

any duty, excise duty and taxes paid.

(b) The Director-General may, in respect of any selected prohibited goods, require the

relevant Government agency to certify that the goods are fit for export.

(6) In this section –

―selected prohibited goods‖ means such prohibited goods as the Director-General

may determine and listed as such on the website of the Authority.

157. Shooting offences

Any person who -

(a) shoots at any ship 710

or remotely piloted surveillance aircraft in the service

of Customs;

(b) shoots at any officer;

shall commit an offence and shall, on conviction, be liable to penal servitude.

158. Customs offences

(1) Every person who -

(a) evades or attempts to evade payment of any duty, excise duty or taxes which

are payable;

711 (b) in relation to the entry of any goods, declares a value which he knows to be

false or below their true value;

712 713 (c)

714 (d) smuggles out of Mauritius any goods or exports any prohibited or restricted

goods; or

(e) unlawfully removes any goods from, or who cannot satisfactorily account

for goods in, a bonded warehouse, 715

duty free shop or shop under the

Deferred Duty and Tax Scheme referred to in section 22 716

or Customs-

Approved Storeroom referred to in section 97A,

shall commit an offence.

(2) Every person who, on board any aircraft or ship in a port or airport, as the case may

be, has in his possession for sale or for any other commercial dealing or sells or

attempts to sell any goods without the prior authorisation in writing of the 717

Director-General shall commit an offence.

(3) Every person who, for any purpose under this Act -

(a) prepares, passes or presents any document purporting to be a genuine

invoice which is not, in fact, a genuine invoice;

(b) makes any entry which is false in any particular;

declaration which is false in any particular;

(d) misleads any officer in any particular likely to affect the discharge of his

duty;

(e) refuses or fails to answer any question or to produce any document; 718

(f) unlawfully opens, alters or breaks any lock or seal on any premises 719

container or bonded vehicle,

shall commit an offence.

(4) For the purposes of subsection (3) a certificate, document, invoice, declaration,

entry, 720

statement or a statement contained in a document produced by a computer

in accordance with section 16A and subject to section 158A shall be deemed to be

false if it is incorrect or misleading in any material particular.

721 (5) (a) For the avoidance of doubt and notwithstanding any other provision of this

Act, the expression ―Every person‖ in subsection (3) shall be construed as

including an agent or a broker acting as such on behalf of an importer or

exporter.

(b) Where an agent or a broker is prosecuted for an offence under subsection

(3), he shall, on conviction, be liable to a fine not exceeding 200,000 rupees.

722 158A. Admissibility of documents produced by computers

(1) In any legal proceedings under this Act, a statement contained in a document

produced by a computer shall be admissible as evidence of any fact stated therein of

which direct oral evidence would be admissible if it is shown that the prescribed

conditions have been satisfied.

(2) In any proceedings the court may for special cause require oral evidence to be given

of any matter under this section.

(3) Any person giving any information under this section which is false or misleading

in any material particular shall commit an offence and shall, on conviction, be liable

to imprisonment for a term not exceeding 3 years and to a fine not exceeding 723

20,000 rupees.

159. Joint and several liability to penalties

Where a pecuniary penalty is jointly and severally incurred by any number of persons, each

and every one of them shall be liable to pay such penalty in full.

160. Other penalties

(1) Any person who, in relation to any import, commits an offence under this Act for

which no specific penalty is provided or who otherwise contravenes this Act shall,

on conviction, be liable to a fine which shall –

(a) where the value of the goods which are the subject matter of the offence 724

does not exceed 1,500 rupees, be 4,000 rupees;

(b) where the value of the goods which are the subject matter of the offence 725 726

exceeds 1,500 rupees, be 3 times the amount of duty, excise duty and

taxes underpaid on those goods or 20,000 rupees, which ever is the higher,

and the goods shall be liable to forfeiture.

(2) Without prejudice to any other enactment, any person who, in relation to any

export, commits an offence under this Act for which no specific penalty is

provided or who otherwise contravenes this Act shall, on conviction, be 727 728

liable to a fine not exceeding 200,000 rupees and to imprisonment for a

term not exceeding 5 years.

161. Jurisdiction

729 (1) Notwithstanding -

(a) section 114 of the Courts Act; and

(b) section 72 of the District and Intermediate Courts (Criminal Jurisdiction)

Act,

a Magistrate shall, 730

subject to subsection (2), have jurisdiction to try all offences under

this Act other than an offence under section 157, and may impose any penalty provided

under this Act.

(3) The prosecution for an offence under any of the sections of 731

this Act specified in the

Fourth Schedule to the Mauritius Revenue Authority Act 2004 shall take place, at the

discretion of the Director of Public Prosecutions, before a Judge sitting without a jury, the

Intermediate Court or a District Court.

732733 PART XVII - SETTLEMENT OF CASES BY DIRECTOR-GENERAL

734 735 736 737 738 162. Compounding of offences

(1) Where the question of compounding an offence committed by a person under the

customs laws arises, the Director-General shall set up a committee consisting of himself as

Chairperson and 3 other officers of the management team of the Authority to examine the

question.

(2) Where the committee under subsection (1) recommends compounding, the Director-

General may, with the consent of the Director of Public Prosecutions, compound any offence

committed by a person under the customs laws, where such person agrees in writing to pay

such amount acceptable to the Director-General representing –

(a) any duty, excise duty and taxes unpaid; and

(b) an amount not exceeding the maximum pecuniary penalty imposable under

the customs laws for such offence.

(3) Every agreement under subsection (2) shall be made in writing by the Director-General

and the person, and witnessed by an officer.

(4) Every agreement under this section shall be final and conclusive and a copy thereof

shall be delivered to the person.

(5) Where the Director-General compounds an offence in accordance with this section –

(a) the amount for which the offence is compounded shall be deemed to be duty, excise

duty and taxes assessed or claimed under the customs laws and shall be recoverable

as duty, excise duty and taxes; and

(b) no further proceedings shall be initiated in respect of the offence so compounded

against the person.

(6) Where the Director of Public Prosecutions does not give his consent to compound the

offence or a person does not agree to compound the offence, the Director-General may,

with the consent of the Director of Public Prosecutions –

(a) proceed in accordance with section 24A; or

(b) refer the case to the Police for legal proceedings. 739 740 741 742 743 744

PART XVIII - POWERS OF MINISTER

163. Regulations

745746 (1) The Minister may -

(a) make such regulations as he thinks fit for -

(i) the purpose of this Act and generally for the better carrying out of the

objects and purposes of this Act;

(ii) the proper implementation of any 747

international convention, treaty

or agreement to which Mauritius is a contracting party;

(b) by regulations, amend the Schedules.

(2) Regulations made under subsection (1) may provide that any person who

contravenes them shall commit an offence and shall, on conviction, be liable to a 748 749

fine not exceeding 200,000 rupees and to imprisonment for a term not

exceeding 5 years and that goods which are the subject matter of the contravention

shall be liable to forfeiture.

(3) Regulations made under subsection (1) may provide for the method of assessing ad

valorem duty on exported sugar.

750 (4) Regulations made under subsection (1) may provide for the regulation of exports of

goods to the European Union and the issue of movement certificates EUR 1 and

invoice declarations in connection 751

herewith.

752 (5) Any regulations made under this section may provide –

(a) for the levying of fees and charges;

(b) on the recommendation of the Authority, for the licensing of persons

transacting business with Customs.

753 164.

PART XIX - MISCELLANEOUS

165. Commissioned aircraft or ships

(1) The person in command of any aircraft or ship holding commission from any

foreign State and having on board any goods, other than aircraft or ship's stores,

laden in parts beyond the seas shall -

(a) deliver an account in writing of the quantity of such goods, the marks and

numbers thereof, and the names of the shippers and consignees, and declare

to the truth thereof; and

(b) answer questions relating to such goods.

(2) Aircraft or ship under commission from any foreign state having on board any

goods other than ship's stores laden in parts beyond the seas, may be boarded and

searched by any proper officer in the same manner as other aircraft or ships, and

such officer may bring any such goods ashore and place them in a customs

warehouse.

754 755 756 166. Rewards

167. Application of penalties

All penalties recovered under this Act shall, after deduction of all costs and expenses, be

paid into the Consolidated Fund.

___________________

757 168. Transitional provisions

(1) Notwithstanding any customs laws, any holder of an investment certificate in

respect of an export enterprise or a pioneer status enterprise issued under the

Investment Promotion Act and in force as at 30 September 2006 shall, not later than

15 October 2006, submit to the 758

Director-General, a certified statement of

materials imported during the period 1 June 2006 to 30 September 2006 exempted

from payment of duty, excise duty and taxes and not yet used in production as at 30

September 2006, showing –

(a) brief description of the materials and their value;

(b) separately, the amount of duty, excise duty and taxes, that would otherwise

be payable, on the materials; and

and pay any duty, excise duty and taxes within such time as may be prescribed.

(2) Any person operating a duty free shop at a place, other than at the port or airport,

may, by irrevocable notice in writing to the Director-General, not later than 30

September 2006, elect to operate under the Deferred Duty and Tax Scheme referred

to in section 22.

(3) Any person who does not make an election under subsection (2) shall –

(a) continue to be governed by the provisions of section 22 in force immediately

before 1 October 2006; and

(b) be authorised, as from 1 October 2006, to sell goods to visitors only.

169. Consequential amendments

170. Commencement

This Act shall come in force on 1 st

January 1989

Passed in the Legislative Assembly on the twentieth day of December one thousand, nine

hundred and eighty-eight.

L. RIVALTZ QUENETTE

Clerk of the Legislative Assembly

759 FIRST SCHEDULE

[Section 116A (3) (d)]

LIST OF GOODS

For the purpose of this Schedule -

(1) The heading numbers specified in the first column refer to the heading numbers of

Part I of the First Schedule to the Customs Tariff Act.

(2) Any goods specified in the second column shall mean the goods which fall under

the corresponding heading number specified in the first column.

Heading

No.

Description

22.03 Beer made from malt.

22.04 Wine of fresh grapes, including fortified wines; grape must other than that of

heading No. 20.09.

22.05 Vermouth and other wine of fresh grapes flavoured with plants or aromatic

substances.

22.06 Other fermented beverages (for example, cider, perry, mead); mixtures of fermented

beverages and mixtures of fermented beverages and non-alcoholic beverages, not

elsewhere specified or included.

22.07 Undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol or higher;

ethyl alcohol and other spirits, denatured, of any strength.

22.08 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol;

spirits, liqueurs and other spirituous beverages.

24.01 Unmanufactured tobacco; tobacco refuse.

24.02 Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes.

24.03 Other manufactured tobacco and manufactured tobacco substitutes; "homogenised"

or ―reconstituted" tobacco; tobacco extracts and essences.

36.01 Propellent powders.

36.02 Prepared explosives, other than propellent powders.

36.03 Safety fuses; detonating fuses; percussion or detonating caps; igniters; electric

detonators.

71.13 Articles or jewellery and parts thereof, of precious metal or of metal clad with

precious metal.

71.14 Articles of goldsmiths' or silversmiths' wares and parts thereof, of precious metal or

of metal clad with precious metal.

71.15 Other articles of precious metal or of metal clad with precious metal.

71.16 Articles of natural or cultured pearls, precious or semi-precious stones (natural,

synthetic or reconstructed).

89.03 Yachts and other vessels for pleasure or sports; rowing boats and canoes.

89.06 Other vessels, including warships and life-boats other than rowing boats.

91.13 Watch straps watch bands and watch bracelets, and parts thereof of precious metal

or of metal clad with precious metal.

93.01 Military weapons, other than revolvers, pistols and the arms of heading No. 93.07.

93.02 Revolvers and pistols, other than those of heading No. 93.03 or 93.04.

93.04 Other arms (for example, spring, air or gas guns and pistols, truncheons), excluding

those of heading No. 93.07.

93.05 Parts and accessories of articles of headings Nos. 93.01 to 93.04.

93.06 Bombs, grenades, torpedoes, mines, missiles, and similar munitions of war and parts

thereof; cartridges and other ammunition and projectiles and parts thereof, including

shot and cartridge wads.

93.07 Swords, cutlasses, bayonets, lances and, similar arms and parts thereof and

scabbards and sheaths thereof. 760

94.01 Seats (other than those of heading No. 94.02), whether or not convertible into beds,

and parts thereof.

94.03 Other furniture and parts thereof.

761 SECOND SCHEDULE

(Section 135)

SEARCH WARRANT

In the discharge of my functions under the Customs Act 762

, I hereby authorise you, the officers

named hereunder, to enter the premises occupied by

........................................................................................................................... and situated at

.......................................................................................... and to search and inspect any goods and

documents found therein and to seize such of those goods and documents as you may reasonably

require for any examination, investigation or trial under that Act.

Name of officers

.....................................................................….............................................

763 Director-General

764 THIRD SCHEDULE

[(Section 16(2)(b) and 16B(4)]

765 DOCUMENTS RELATING TO ENTRY OF ANY GOODS

Bill of lading, seaway bill or airway bill, as the case may be766

Invoice 767

________________

768 FOURTH SCHEDULE

[Section 16D(1)(a)]

Coordinated Border Management Unit

1. Customs

2. The Ministry of Environment

3. The Ministry of Industry, Commerce and Consumer Protection

4. The Ministry of Ocean Economy, Marine Resources, Fisheries and Shipping

5. The Dangerous Chemicals Control Board (Ministry of Health and Quality of Life)

6. The Division of Veterinary Services (the Ministry of Agro-Industry and Food Security)

7. The Food Import Unit (Ministry of Health and Quality of Life)

8. The Information and Communication Technologies Authority

9. The Mauritius Standards Bureau

10. The National Agricultural Products Regulatory Office (the Ministry of Agro Industry and

Food Security)

11. The National Plant Protection Office (Ministry of Agro-Industry and Food Security)

12. The Pharmacy Board (Ministry of Health and Quality of Life)

13. The Radiation Safety and Nuclear Security Authority (Ministry of Energy and Public Utilities)

1 w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 2, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 2

w.e.f. 15-December2001, Revised laws of Mauritius 2000, amended section 1 by deleting the word ―1988‖ 3

w.e.f. 15-December2001, Revised laws of Mauritius 2000, amended section 2 by deleting the word ―unless the

context otherwise requires‖ 4

w.e.f. 15-December2001, Revised laws of Mauritius 2000, amended section 2, in the definition of ―abandoned

goods‖ by deleting the word ―delay‖ 5

w.e.f. 01-March-2006, ACT-28/2004, Finance Act 2004, Section 5 (a) (i), amended Section 2, in the definition of

―agent‖, by deleting paragraph (a) which is ―(a) means a clearing and forwarding agent licensed under the licenses

Act and appointed under this act.‖ and replacing it by the new paragraph (a). 6

w.e.f 14-May-2015, ACT- 9/2015, Finance Act 2015, amended Section 2, in the definition of ―agent‖, by inserting ,

after paragraph (a), the following new paragraph-

(aa) includes a person holding a postal service licence or a courier service licence under the Postal Services Act,

appointed as freight forwarding agent under this Act. and 7

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 2, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 8

w.e.f. 15-December2001, Revised laws of Mauritius 2000, amended section 2, in the definition of ―airport‖ by

deleting the word ―an‖ and replacing it by the word ―such‖ 9

w.e.f. 15-December2001, Revised laws of Mauritius 2000, amended section 2, in the definition of ―approved

place of loading" by deleting the word ―any‖ and replacing it by the word ―a‖ 10

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (a) (iii), amended Section 2 by inserting in the

proper alphabetical order the definition of ―Authority‖. 11

w.e.f. 03-November-2008, Revised laws of Mauritius 2007 amended section 2 in the definition of ―Authority” by

deleting the word 2004 12

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (a) (i), amended Section 2, by adding in the

appropriate alphabetical order the definition of ―bonded vehicle‖. 13

w.e.f. 27-August-2006, ACT-17/2007, Finance Act 2007, Section 9 (a) (i), amended Section 2, in the definition of

―bonded warehouse‖ by inserting immediately after the words ―storage tank‖, the word ―showroom‖ 14

w.e.f. 15-December2001, Revised laws of Mauritius 2000, amended section 2, in the definition of ―bonded

warehouse‖ by deleting the word ―or place‖ 15

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 2, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 16

w.e.f. 15-December2001, Revised laws of Mauritius 2000, amended section 2, in the definition of ―bonded

warehouse‖ by deleting the word ―and‖ and replacing it by the word ―or‖ 17

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 2 in the definition of ―broker” by

deleting the words ―customs house broker licensed as such under the Licences Act and‖ and replacing them by the

words ―licensed customs house broker‖ 18

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(a)(i),

amended the Customs Act, in section 2, by deleting the definition of ―clearance‖ –

“clearance", in relation to goods, means release of goods from Customs by the Director-General in

pursuance of the purpose for which such goods were entered;

and replacing it by new definition. 19

w.e.f. 15-December2001, Revised laws of Mauritius of 2000 amended section 2 in the definition of ―commission

agent” by deleting the words ―person who is licensed as such under the Licences Act and‖ and replacing them by

the words ―licensed person‖ 20

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (a) (i), amended Section 2, by deleting the

definition of ―Comptroller‖ which is ――Comptroller” means the Comptroller of Customs and Excise or any officer

authorised by the Comptroller to act on his behalf;” 21

w.e.f. 01-January-2000. ACT-18/1999, Finance Act, 1999, Section 5 (a) (i), amended Section. 2, by inserting in its

appropriate alphabetical order the definition of ―country of export”. 22

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (a) (i), amended Section 2, by deleting the

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 2, by deleting the word

definition of ―customs laws‖ which is

―customs laws" includes this Act and any other enactment relating to Customs;

and replacing it by the new definition of ―customs law‖.

―Government‖ wherever it appears and replacing it by the word ―Authority‖ 24

w.e.f. 15-12-2011, ACT-37/2011, Finance Act 2011, Section 4 (a) (ii), amended Section 2, by inserting, in the

appropriate alphabetical order, the new definition of ―Deferred Duty and Tax Scheme‖. 25

w.e.f.01-07-2012, ACT 26/2012, Finance Act 2012, Section 5 (a) (i), amended Section 2, by deleting the definition

of ―Deferred Duty and Tax Scheme‖ which is

―Deferred Duty and Tax Scheme‖ means such scheme as may be prescribed, whereby any shop under that scheme

may sell goods –

(a) mainly to visitors, to a duty-free shop or to another shop under that scheme, without

payment of duty, excise duty and taxes; and

(b) to other persons upon payment of duty, excise duty or taxes.

and replacing it by the new definition of ―Deferred Duty and Tax Scheme‖. 26

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(a)(ii),

amended the Customs Act, in section 2, in the definition of ―Deferred Duty and Tax Scheme‖, in paragraph (b)(i),

by inserting, after the words “under that scheme”, the words “, to a departing citizen of Mauritius, to a diplomatic

agent,”. 27

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12(a), amended Section

2, by inserting in the proper alphabetical order the definition of ―departing citizen of Mauritius‖ 28

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (a) (iii), amended Section 2, by inserting in the

proper alphabetical order the definition of ―Director-General‖. 29

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(a)(iii),

amended the Customs Act, in section 2, by inserting, in the appropriate alphabetical order, a new definition for

“document”. 30

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (c) (ii), amended Section 2, in the definition of

―duty‖ by deleting the word ―or fiscal‖. 31

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (a), amended Section 2 by deleting the word

―fiscal‖ or ―fiscal duty‖ as the case may be, wherever they appear. 32

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 2 in the definition of ―duty‖ by

deleting the word ―customs‖ wherever it appears 33

w.e.f 14-May-2015 ,ACT-9/2015, Finance Act 2015, amended Section 2 (ii) in the definition of ―duty‖, in paragraph

(a), by deleting the words ―any customs law‖ and replacing them by the words ―this Act and the Customs Tariff Act‖ 34

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (a) (ii) (A), amended Section 2, in the

definition of ―duty‖ by adding the word ―and‖ at the end of paragraph (a); 35

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (a) (ii) (B), amended Section 2, in the

definition of ―duty‖ by repealing paragraph (b) which is

―(b) includes any special duty or surcharge;”

and replacing it by the new paragraph (b) 36

w.e.f. 01-10-2006, ACT-15/2006, Finance Act 2006, Section 8 (a) (ii), amended Section 2, by deleting the

definition of ―duty free shop‖ which is ――duty free shop” means a shop at a port or airport or any other place,

approved by the Minister, for Sale of goods free of duty or excise duty, taxes or related charges, to passengers

arriving from or leaving for a foreign port or airport‖ and replacing it by the new definition of ―duty free shop‖. 37

w.e.f. 15-12-2011, ACT-37/2011, Finance Act 2011, Section 4 (a) (i), amended Section 2, by deleting the definition

of ―duty free shop‖ which is ―duty-free shop‖ means a shop at a port or airport, approved by the Director-General,

for the sale of goods free of duty, excise duty or taxes to passengers arriving from or leaving for a foreign port or

airport; and replacing it by the new definition of ―duty free shop‖. 38

w.e.f. 01-July-1992, ACT-23/1992, Finance Act 1992, Section 7, amended Section 2, by inserting the in its proper

alphabetical order the definition of ―duty paid value‖.

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (a) (iii), amended Section 2, by deleting the

definition of ―duty-paid-value‖ which is

― duty- paid value‖, in respect of goods, means the sum of –

(a) the value of the goods; and

(b) the duty, excise duty and taxes payable on the goods;‖ 40

w.e.f. 24-December-2010, ACT-10/2010, Finance Act 2010, Section 4 (a), amended Section 2, by inserting the in its

proper alphabetical order the definition of ―eligible vessel‖. 41

w.e.f. 07-September-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, amended Section 2, in the

definition of ―eligible vessel‖, by adding a new paragraph (e ), the word ―or‖ at the end of paragraph (c) being

deleted and the word ―or‖ at the end of paragraph (d ) being added. 42

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (c) (i), amended Section 2, by inserting in its

appropriate alphabetical order the definition of ―excise duty‖. 43

w.e.f. 15-December2001, Revised laws of Mauritius 2000, amended section , in the definition of ―excise duty‖ by

deleting the word ―1994‖ 44

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 2 by adding the definition of

―freeport zone‖. 45

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (a), amended

Section 2, by inserting in the proper alphabetical order the definition of ―inward processing‖ 46

w.e.f. 01-July-1990, ACT 23/1990, The Import Levy Act 1990, Section 12 (4), amended Section 2 in the definition

of ―levy‖, by deleting the words ―the Supplies (Control of Imports) Regulations 1982 and the Finance Act 1985‖

and replacing them by the words ―the import levy Act 1990‖

47 w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (c) (iii), amended Section 2, by deleting the

definition of ―levy‖, which is ――levy” means any levy as defined under the import levy Act 1990‖ 48

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 2 by deleting the definition of

―Mauritius‖, which is ――Mauritius" means the country of Mauritius, including its territorial waters and air space of

Mauritius;‖ 49

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 2 in the definition of ―Mauritius

Marine Authority” by deleting the word ―Marine” wherever it appears and replacing it by the word “Ports‖ 50

w.e.f. 03-November-2008, Revised laws of Mauritius 2007 amended section 2 in the definition of ―Mauritius

Ports Authority‖ by deleting the word ―as‖ 51

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (a) (v), amended Section 2, by inserting, in

the appropriate alphabetical order, the new definition of objection. 52

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (a) (ii), amended Section 2, by deleting the

definition of ―officer‖ which is ―officer includes any person employed in the service of customs excluding

labourers, office attendants and more generally other manual workers;‖ and replacing it by the new definition of

―officer‖. 53

w.e.f. 03-November-2008, Revised laws of Mauritius 2007 amended section 2 in the definition of ―officer‖ by

deleting the word 2004 54

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (a), amended

Section 2, by inserting in the proper alphabetical order the definition of ―outward processing‖ 55

w.e.f. 03-November-2008, Revised laws of Mauritius of 2000, amended section 2 in the definition of ―parcel‖ by

deleting the word ―Postmaster-General” and replacing it by the words ―Mauritius Post Limited‖ 56

w.e.f. 03-November-2008, Revised laws of Mauritius of 2000, amended section 2 by deleting the definition of

―person‖, which is ““ person" includes any association, partnership, trust, société or organisation, whether

incorporated or not” 57

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 2 in the definition of ―port‖ by

deleting the word ―a” and replacing it by the word ―such‖ 58

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(a)(iii),

amended the Customs Act, in section 2, by inserting, in the appropriate alphabetical order, a new definition for

“port premises”. 59

w.e.f. 01-January-2000, ACT-18/1999, Finance Act 1999, Section 5 (a) (ii), amended Section 2, by inserting in its

appropriate alphabetical order the definition of ―produce‖. 60

w.e.f. 07-September-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, amended Section 2, by

inserting in its appropriate alphabetical order the definition of ―Public notice‖. 61

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 2 in the definition of ―quay‖ by

deleting the word ―a” and replacing it by the word ―such‖ 62

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(a)(iii),

amended the Customs Act, in section 2, by inserting, in the appropriate alphabetical order, a new definition for

“release”. 63

w.e.f. 15-12-2011, ACT-37/2011, Finance Act 2011, Section 4 (a) (ii), amended Section 2, by inserting, in the

appropriate alphabetical order, the new definition of ―relief consignments‖. 64

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 2 in the definition of ―revenue” by

deleting the words ―for the purposes of this Act and any other enactment relating to Customs,‖ 65

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (a), amended

Section 2, by inserting in the proper alphabetical order the definition of ―risk management‖

66 w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (a) (i), amended

Section 2, by deleting the definition of security which read as follows: ―security" means a guarantee which is provided

to the satisfaction of the Director-General for the payment of duty, excise duty and taxes, as the case may be, on any

goods;‖ and replacing it by a new definition.

67 w.e.f. 27-August-2007, ACT-17/2007, Finance Act 2007, Section 9 (a) (ii), amended Section 2, by inserting in its

appropriate alphabetical order the definition of ―showroom‖.

68 w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (a) (ii), amended

Section 2, by inserting in the appropriate alphabetical order, the new definition of ―single window‖.

69 w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (a) (iii), amended Section 2, by inserting in the

proper alphabetical order the definition of ―SITA”. 70

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 2 in the definition of ―SITA‖ by

changing the font style of the words ―Société Internationale de Transports Aéronautiques” from normal to italics 71

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 2 in the definition of

“smuggling” by inserting after the word “intent‖, the word ―to‖. 72

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 2 in the definition of

―smuggling‖, by deleting the word ―to‖ wherever it appears.

73 w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 2 in the definition of ―smuggling‖

by deleting the word ―defraud” and replacing it by the word ―defrauding‖ 74

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 2 in the definition of ―smuggling‖

by deleting the word ―evade” wherever it appears and replacing it by the word ―evading‖ 75

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 2 in the definition of ―taxes” by

deleting the words ―for include‖ and replacing it by the word ―includes‖ 76

w.e.f. 07-September-1998. ACT-02/1998, VAT Act 1998, Section 74 (3), amended Section 2, by deleting the

words ―sales tax‖ wherever they appear and replacing them by the words ―value added tax‖. 77

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 2 in the definition of ―taxes‖ by

deleting the word ―Value Added Tax” and replacing it by the word ―VAT‖ 78

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 2 in the definition of ―taxes‖ by

adding after the words ―any other tax‖, a comma. 79

w.e.f . 14-May-2015, ACT-9/2015, Finance Act 2015, amended Section 2, in the definition of ―taxes‖, in paragraph

(b), by inserting, after the word ―tax‖, the words ―or levy‖ 80

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (a) (iii), amended Section 2, by inserting the

new definition of ―TradeNet‖. 81

w.e.f. 01-January-2000, ACT-18/1999, Finance Act 1999, Section 5 (a) (iii), amended Section 2, by inserting in its

appropriate alphabetical order the definition of ―transaction value‖. 82

w.e.f. 26-August-2004, ACT-28/2004, Finance Act 2004, Section 5 (a) (ii), amended Section 2, by deleting the

definition of ―trans-shipment‖, which is ―transhipment in relation to the entry of any goods, means the transit of

such goods through Mauritius with a view to their re-export‖ and replacing it with the new definition of

―transhipment‖. 83

w.e.f. 30-June-1999, ACT-10/1998, Finance Act 1998, Section 6 (a), amended Section 2, by deleting the definition

of ―Unified Revenue Board‖, which is “Unified Revenue Board means the Unified Revenue Board established

under the Unified Revenue Act 1983‖ 84

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (a) (iv), amended Section 2, in the definition

of ―value‖ in paragraph (b) by deleting the words ―the duty paid value of those goods‖ and replacing them by the

words ―the duty, excise duty and taxes underpaid, if any, on those goods‖; 85

w.e.f. 07-September-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, amended Section 2, by

inserting in the appropriate alphabetical order the definition of ―VAT‖. 86

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (a) (i), amended Section 2, by inserting in the

appropriate alphabetical order the definition of ―visitor‖. 87

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 2 in the definition of ―visitor‖ by

deleting the word ―or‖ and replacing it by the word ―and” 88

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 2 in the definition of ―wharf‖ by

deleting the word ―a” and replacing it by the word ―such‖ 89

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (b), amended the Customs Act, by repealing

Section 3, which is

―3. Comptroller.

There shall be a Comptroller who shall be a public officer and have the general control and administration of

Customs.‖ 90

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 4, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖

91 w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (b) inserted new

section 4A.

92 w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 5, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 93

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (c), amended Section 5 (1), by deleting the

words ―any person employed in Customs” and replacing them by the words ―any officer‖. 94

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 5 by changing the case of the

word ―order‖ wherever it appears to ―Order‖ 95

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 5 by deleting the word

―documents” wherever it appears and replacing it by the word ―document‖ 96

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 5 by deleting the word ―them”

wherever it appears and replacing it by the word ―it‖ 97

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 6, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 98

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 7, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 99

w.e.f 01-June-2016, Proclamation No.10 of 2016, The Finance (Miscellaneous Provisions) Act 2015, inserted

after Section 7, the following new section-

7A. Act or thing in respect of a validated bill of entry passed before 3 years

(1) Notwithstanding section 24A and any other customs law, the Director-General shall not, in relation to the

liability of a person to pay any amount of duty, excise duty and taxes-

(a) require any information or return; or

(b) make any assessment or claim,

under the customs laws in respect of a validated bill of entry passed before a period of 3 years, unless the Director-

General applies ex parte for and obtains the authorisation of the Independent Tax Panel under the Mauritius

Revenue Authority Act.

(2) An authorisation under subsection (1) shall be granted where the Director-General establishes to the

satisfaction of the Independent Tax Panel that there is prima facie evidence of fraud.

(3) In an application under subsection (1), the Director-General shall specify the period in respect of which he

proposes to do the act or thing referred to in subsection (1). 100

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 8, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 101

w.e.f. 01-July-2015, ACT-9/2015, Finance Act 2015, Section 8 (1), amended by inserting, after the word ―shall‖,

the words ―, subject to section 9A,‖ 102

w.e.f. 19-March-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(b),

amended the Customs Act, in section 8, by repealing subsection (2) -

(2) Notwithstanding subsection (1), payment of duty, excise duty and taxes on such type of petroleum

products imported by the State Trading Corporation as may be approved by the Minister, shall be

effected within a period of 30 days of the date of importation of such products or within such other

period as may be prescribed.

and replacing it by new subsection (2). 103

w.e.f. 26-August-2004. ACT-28/2004, Finance Act 2004, Section 5 (b), amended Section 8, by deleting subsection

(2) which is

―(2) Notwithstanding subsection (1), the Minister may allow payment of duty to be deferred

(a) On such types of petroleum products, imported by the State Trading Corporation of Mauritius as may be

prescribed; and

(b) On exported sugar by the Mauritius Sugar Syndicate.‖

and replacing it by the new subsection (2). 104

w.e.f. 01-January-2000, ACT-18/1999, Finance Act 1999, Section 5 (b), amended Section 9 (1), by deleting the

words ―The rate of duty‖ and replacing them by the words ―to Section 3 (5) of the Revenue (Temporary Protection)

Act 1999, the rate of duty‖ 105

w.e.f. 24-December-2010, ACT-10/2010, Finance Act 2010, Section 4 (b), amended Section 9 (1), by deleting the

words ―section 3 (5)‖ and replacing them by the words ―section 3‖ 106

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 9 by deleting the word ―1999‖ 107

w.e.f. 03-February-2020, Act No. 14 of 2019, the Business Facilitation (Miscellaneous Provisions) Act 2019,

Section 7(a), amended the Customs Act, by repealing section 9A -

(1) Subject to this section, a declarant shall proceed with a bill of entry which has been validated

pursuant to section 9 (2), and shall pay any duty, excise duty and taxes in respect of that bill of

entry, within 10714 days of the date of validation.

(1A) (a) Where goods are entered and cleared by an SME or a VAT registered person, the duty,

excise duty and taxes on the goods cleared shall be paid –

(i) in the month of June, not later than 2 working days before the end of that month;

and

(ii) in any other month, not later than 7 working days after the end of that month,

provided that the SME or VAT registered person gives a security, by bond, under sections 39

and 42, to cover the deferred payment and the SME or VAT registered person is in

compliance with the Revenue Law under the Mauritius Revenue Authority Act.

(b) In this subsection -

“SME” has the same meaning as in the Small and Medium Enterprises Development

Authority Act;

“VAT registered person” means a person registered under the Value Added Tax Act.

(2) Where a bill of entry is not proceeded with under subsection (1), the Director-General shall

cancel the bill of entry.

(3) Repealed by Finance Act 2017

(3A) Repealed by Finance Act 2017

(4) Repealed by Finance Act 2017

and replacing it by new section 9A. 108

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (d), amended the Customs Act , by inserting

immediately after Section 9 the new Section 9A. 109

w.e.f. 01-July-2015, ACT 9/2015, Finance Act 2015, Section 9A, amended by inserting, after subsection (1), the

following new subsection –

(1A) (a) Where goods are entered and cleared by an SME or a VAT registered person, the duty, excise

duty and taxes on the goods cleared shall be paid –

(i) in the month of June, not later than 2 working days before the end of that month; and

(ii) in any other month, not later than 7 working days after the end of that month,

provided that the SME or VAT registered person gives a security, by bond, under sections 39 and 42, to cover the

deferred payment and the SME or VAT registered person is in compliance with the Revenue Law under the

Mauritius Revenue Authority Act.

(b) In this subsection -

“SME” has the same meaning as in the Small and Medium Enterprises Development Authority

Act;

“VAT registered person” means a person registered under the Value Added Tax Act. 110

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (b)(i) amended

Section 9A(2), by deleting the words ―the declarant shall, not later than 14 days after the date of validation, apply

in writing to the Director-General for cancellation of that bill of entry, stating precisely the grounds for

cancellation” and replacing them by the words “the Director-General shall cancel the bill of entry” 111

w.e.f. 19-July-2008, ACT-18/2008, Finance Act 2008, Section 6 (a), amended Section 9A, by inserting after

subsection (3), the new subsection (3A). 112

w.e.f. 19-December-2009, ACT-20/2009, The Finance (Miscellaneous Provisions) ( No.2) Act, Section 7 (a) (i),

amended Section 9A, by repealing subsections (3) and (3A) which are

(3) Where, upon an application under subsection (2), the Director-General is satisfied that the bill of entry

requires to be cancelled, he shall authorise the declarant to pass, within 7 days of the date of the authorisation, an

amended bill of entry to cancel that bill of entry.

(3A) Where the declarant fails –

(a) to make an application under subsection (2) within the time limit specified in that subsection; or

(b) to pass an amendment bill of entry under subsection (3) within the time limit specified in that subsection,

the Director-General shall cancel the bill of entry referred to in subsection (2).

and replacing them by the new subsections (3) and (3A). 113

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12(b)(ii) amended

Section 9A by repealing subsections (3), (3A) and (4) which are:

(3) Where on an application under subsection (2), the Director-General is satisfied that the bill of entry

needs to be cancelled, he shall cancel the bill of entry.

(3A) Where the declarant fails to make an application under subsection (2) within the time limit specified

in that subsection, the Director-General shall cancel the bill of entry referred to in subsection (2).

(4) Any person who fails to comply with subsection (1) or (2) shall commit an offence and shall, on

conviction, be liable to a fine not exceeding 50,000 rupees. 114

w.e.f. 23-03-2020, ACT-01/2020, The Covid-19 (Miscellaneous Provisions) Act 2020, Section 11 (a), amended the

Customs Act, in section 9A , by deleting the words ―7 working days‖ and replacing them by the words ―16 working

days‖. 115

w.e.f. 01-10-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (c), inserted new

section 9B. 116

w.e.f. 03-February-2020, Act No. 14 of 2019, the Business Facilitation (Miscellaneous Provisions) Act 2019,

Section 7(b), amended the Customs Act, by inserting, after section 9B, the new section 9C. 117

w.e.f. 15-December2001, Revised laws of Mauritius of 2007, amended section 12 by deleting the word ―is‖ and

replacing it by the word ―are‖ 118

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 13, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 119

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 13, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 120

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 14, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 121

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 14 by adding after the words the

―debt due to‖ the word ―the‖ 122

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 13, by deleting the word

―Government‖ wherever it appears and replacing it by the word ―Authority‖ 123

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 14, amended subsection (1), by inserting, after the

word ―recoverable‖, the words ―under subsection (2A) or ‖ 124

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 14, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 125

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (b) (i), amended Section 14, by inserting

immediately after subsection (1) the new subsection. (1A). 126

w.e.f.01-Jan-2013 ACT 26/2012, Finance Act 2012, Section 5 (b), amended Section 14, by repealing subsection

(1A) which is

―The amount recoverable under subsection (1) shall be recovered together with interest at the rate of 12 per cent per

annum or such other rate as may be prescribed from the time the amount recoverable should have been paid up to the

date of payment.‖

and replacing it by the new subsection (1A) 127

w.e.f 14-May-2015, ACT-9/2015, Finance Act 2015, Section 14 , amended subsection (1A), by deleting the word

―representing‖ and replacing it by the words ―not exceeding‖ 128

w.e.f 14-May-2015, ACT-9/2015, Finance Act 2015, Section 14, amended subsection (1A), by deleting the word

―one‖ and replacing it by the figure ―0.5‖, 129

w.e.f. 30-July-2009, ACT-14/2009, The Finance (miscellaneous provisions) Act 2009, Section 8 (a), amended

section 14, by inserting, after the subsection (1A), the new subsection (1B) 130

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (b), amended Section 14, by repealing

subsection (1B) which is

(1B) (a) The Director-General may waive the whole or part of any interest imposed under subsection (1A)

where he is satisfied that failure to comply with this Act was attributable to a just or reasonable cause.

(b) In the exercise of his power under paragraph (a), the Director-General shall, in writing, record the reasons for

waiving the whole or part of the interest.

131 w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (b) (ii), amended Section 14 (2), by deleting

the words ―subsection (1)‖ and replacing them by the words ―subsections (1) and (1A)‖ 132

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (d), amended

Section 14(2A), by deleting the words ―Part IX of the Value Added Tax Act‖ and replacing it by the words ―Part IVC

of the Mauritius Revenue Authority Act‖

133 w.e.f 14-May-2015, ACT-9/2015, Finance Act 2015, Section 14, amended by inserting, after subsection (2), the

following new subsection - (2A) Part IX of the Value Added Tax Act shall apply to any duty, excise duty, taxes and

charges remaining unpaid under the customs laws, after determination of any objection or representation before

the Assessment Review Committee established under section 18 of the Mauritius Revenue Authority Act, with

such modifications, adaptations and exceptions as may be necessary. 134

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (b) (iii), amended Section 14, by adding

immediately after subsection (2) the new subsection (3). 135

w.e.f. 01-October-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, Section 14, by inserting,

after section 14, 2 new sections, namely: 14A and 14B. 136

w.e.f. 01-October-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, Section 14, by inserting,

after section 14, 2 new sections, namely: 14A and 14B. 137

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (c)(i), amended Section 15, by repealing

subsection (1) which is

(1) Subject to subsections (2), (3) and (4) where, in respect of any goods, a dispute arises as to -

(a) the amount or rate of duty, 137

excise duty, taxes or charges; or

(b) the liability of those goods to duty, excise duty, taxes or charges,

the owner of the goods may pay under protest the sum demanded by the 137

Director-General and the sum so paid shall,

as against the owner of the goods, be deemed to be the proper amount of duty, excise duty and taxes on such goods.

and replacing it by the new subsection (1) 138

w.e.f.01-Jan-2013 ACT 26/2012, Finance Act 2012, Section 5 (c) (i), amended Section 15, by inserting, after

subsection (1), the new subsection (1A) 139

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (c)(ii), amended Section 15, by repealing

subsection (1A) which is

(1A) The sum demanded under subsection (1) shall include a penalty representing 50 per cent of the difference

between the amount of duty, excise duty and taxes determined by the Director-General and the amount of duty, excise

duty and taxes specified in the validated bill of entry together with interest at the rate of one per cent per month or part

of the month from the date of the validation to the date of payment.

and replacing it by the new subsection (1A) 140

w.e.f 14-May-2015, ACT-9/2015, Finance Act 2015, Section 15, amended subsection (1A)(a)(ii), by deleting the

word ―representing‖ and replacing it by the words ―not exceeding‖ 141

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (c)(iii), amended Section 15, by inserting,

after subsection (1A), the new subsection (1B) 142

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 15, amended subsection (1B)(a), in subparagraph

(ii), by deleting the word ―representing‖ and replacing it by the words ―not exceeding‖ 143

w.e.f. 14-May-2015, ACT-9/2015, Section 15, amended subsection (1B)(a), in subparagraph (iii), by deleting the

word ―one‖ and replacing it by the figure ―0.5‖ 144

w.e.f.01-Jan-2013 ACT 26/2012, Finance Act 2012, Section 5 (c) (ii), amended Section 15, by repealing

subsections (2), (3) and (4) which are 144 144

“(2) Where duty, excise duty and taxes have been paid in the manner specified in subsection (1), the owner of

the goods may, within 28 days of the date of payment of the duty, excise duty and taxes, 144

lodge written

representations with the 144

Clerk to the Assessment Review Committee in accordance with section 19 of the Mauritius

Revenue Authority Act 2004 for the determination of the proper duty, excise duty and taxes payable in respect of those

goods.

(3) Where 144

duty or excise duty has been paid in the manner specified in subsection (1), the owner of the goods

may, within 28 days of the date of payment of the duty or excise duty, make a claim for refund or adjustment to the

Director-General. 144 144

(4) Where as a result of the payment of duty or excise duty in the manner specified in subsection (1), value

added tax is claimed to have been paid in excess of the amount due, the owner of the goods may make a claim for

refund or adjustment to the 144

Director-General within 28 days of the date of payment of such tax.”

and replacing them by the new subsections (2), (2A), (2B), (3) and (4) 145

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (c)(iv)(A), amended Section 15(2), by

repealing paragraph (a) which is

―(a) Where duty, excise duty and taxes have been paid in the manner specified in subsection (1), the owner of the goods

may, within 28 days of the date of payment, object to the sum demanded under subsection (1) in a form approved by

the Director-General and send the form duly filled in to the Director-General by registered post.”

and replacing it by the new paragraph (a) 146

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 15, amended subsection (2) by inserting the following

new paragraph – (ca) Where the Director-General refuses to consider an objection made after the time limit

specified in paragraph (a), he shall, within 28 days of the date of receipt of the letter of objection, give notice of the

refusal to the person. 147

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (c)(iv)(B), amended Section 15(2), by

repealing paragraph (e) which is

―(e) The burden of proving that any sum demanded under subsection (1) is incorrect, or what the sum demanded

should be, shall lie on the owner of the goods.”

and replacing it by the new paragraph (a) 148

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (c)(v)(A), amended Section 15(2A)(a)(i), by

adding the words ―or amount claimed‖ 149

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (c)(v)(B), amended Section 15(2A)(a)(iii),

by inserting, after the words ―sum demanded‖, the words ―or amount claimed‖ 150

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 15, amended subsection (2A), by adding the

following new paragraph -

(c) Where the objection is not determined within 4 months under paragraph (b), it shall be considered to have been

allowed by the Director-General. 151

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 15, amended subsection (2B), by inserting, after the

words ―subsection (2A)(a)‖, the words ―or a decision under subsection (2)(ca)‖ 152

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (c)(vi), amended Section 15(3), by inserting,

after the words ―subsection (1)‖, the words ―or (1B)” 153

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (c)(vi), amended Section 15(4), by inserting,

after the words ―subsection (1)‖, the words ―or (1B)” 154

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (c)(vii), amended Section 15, by adding the

new subsection (5) 155

w.e.f. 10-August-2002, ACT-20/2002, Finance Act 2002, Section 5 (a), amended Section 16 (1), by inserting

immediately after the word ―delivered” the words ―subject to Section 16B‖. 156

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 16, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 157

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (c), amended Section 16 (1), by inserting

immediately after the words ―bill of lading‖ the words ―airway bills or other documents of title acceptable to the

Director-General‖. 158

w.e.f. 07-September-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, Section 16, amended

subsection (1), by inserting, after the words ―airway bills” , the words “, seaway bills” 159

w.e.f. 15-12-2011, ACT-37/2011, Finance Act 2011, Section 4 (b), amended Section 16, by repealing subsection

(2) which is ―Invoices required under subsection (1) shall be submitted to the Director-General in duplicate.‖ and

replacing it by the new subsection (2). 160

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12(b)(ii) amended

Section 16(2), by repealing paragraph (b) which is –

(b)Where, in respect of the entry of any goods, a document specified in the Third Schedule is

required, it shall, unless otherwise authorised by the Director-General be scanned and sent to him.

and replacing it by the new paragraph (b). 161

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (d), amended the Customs Act , by inserting

immediately after Section 16, the new Section 16A 162

w.e.f. 10-August-2002, ACT-20/2002, Finance Act 2002, Section 5 (b) amended the Customs Act, by deleting

Section 16A which is

“16A. Use of computer system

Notwithstanding the other provisions of this Act or any other enactment, the Comptroller may allow -

(a) the import or export of goods under this Act; or

(b) an entry in relation to excisable goods under the Excise Act,

to be made through such computer system as may be approved by the Comptroller.‖

and replacing it by the new Sections 16A and 16B 163

w.e.f. 22-August-2007, ACT-17/2007, Finance Act 2007, Section 9 (c) amended the Section 16A, by deleting it

which is

“16A. Use of computer system

Notwithstanding this Act or any other enactment, the Director-General may allow -

(a) the import or export of goods under this Act or an entry in relation to excisable goods under the Excise Act; and

(b) the payment of duty, excise duty and taxes,

to be made through such computer system as may be approved by the Director-General.”

and replacing it by the new Section 16A. 164

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 16A, amended by adding the following new

paragraph, the comma at the end of paragraph (c) being deleted and replaced by a semicolon –

(d) any act or thing which is required to be done under the customs laws, 165

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 16A, amended by inserting, after the word ―made‖,

the words ―, submitted or done electronically‖ 166

w.e.f. 22-August-2007, ACT-17/2007, Finance Act 2007, Section 9 (d) (i), amended Section 16B, by deleting the

words ―in respect of any period of 12 months‖ 167

w.e.f. 22-August-2007, ACT-17/2007, Finance Act 2007, Section 9 (d) (ii), amended Section 16B(2) (a), by

deleting the words ―period specified in subsection (1)‖ and replacing them by the words ―prescribed period‖ 168

w.e.f. 15-12-2011, ACT-37/2011, Finance Act 2011, Section 4 (c), amended Section 16B(4), by deleting the words

―shall deliver to the Director-General with the entry of those goods, the hard copy of the electronic declaration

together with the required permit or authorisation‖ and replacing it by the words ―shall unless otherwise

authorised, forward to the Director-General with the entry of those goods, the scanned copy of the required

document referred to in the Third Schedule, which shall be saved in the Customs Management System operated by

the Customs Department of the Authority”. 169

w.e.f. 07-September -2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, by inserting after section

16B, a new section ―16C. Agency Cooperation”. 170

w.e.f. 25-July-2019, Act No. 14 of 2019, the Business Facilitation (Miscellaneous Provisions) Act 2019, Section

7(c), amended the Customs Act, by inserting, after section 16C, the new section 16D. 171

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 17, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 172

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 17 by creating subsection (a) and

(b) 173

w.e.f. 30-July-2009, ACT-14/2009, The Finance (miscellaneous provisions) Act 2009, Section 8 (b), amended

section 17 (1), by deleting the words ―3 years‖ and replacing them by the words ―5 years‖ 174

w.e.f. 07-September -2016. ACT-18/2016, Finance (Miscellaneous Provisions) Act 2016, Section 17, amended

subsection (1) (a), by deleting the figure ―5‖ and replacing it by the figure “3”. 175

w.e.f. 21-July-1998. ACT-10/1998, Finance Act 1998, Section 6 (b), amended Section 17 (4), by deleting the

words ―Rs 100,000‖ and replacing them by the words ―200,000 rupees‖. 176

w.e.f. 31-July-1999, ACT-18/1999, Finance Act 1999, Section 5 (c), amended Section 17, by adding at the end of

subsection (4), the words "and to imprisonment for a term not exceeding 4 years" 177

w.e.f. 01-January-2000, ACT-18/1999, Finance Act 1999, Section 5 (d), amended the Customs Act, by deleting

section 18 which is

“18. Mode of ascertaining ad valorem duties.

(1) Where a duty is leviable on goods by reference to their value, the value of those goods for customs purposes

shall be the price paid or payable at which such or like goods are ordinarily sold or offered for sale for delivery in

Mauritius.

(2) Such value is to be determined at the time of import or export, as the case may be, in the course of normal

international trade under fully competitive conditions where the seller and the buyer are not related to each other

and where the price is the sole consideration for the sale or offer for sale.

(3) Where such value cannot be ascertained in accordance with subsection (1), the value of such goods for

customs purposes shall be based on the nearest ascertainable equivalent of such value as may be prescribed.

(4) For the purposes of subsections (1), (2) and (3), two or more persons shall be deemed to be related if, whether

directly or indirectly, any of them has any interest in the business or property of the other, or together they have a

common interest in any business or property, or some third person has an interest in the business or property of

any of them, or if they are members of the same family.

(5) For the purposes of this Section, “family”, in relation to a person means-

(a) his spouse and their children;

(b) his parents and the parents of his spouse

(c) his brother and sisters and their spouses and children”

and replacing it by the new Sections 18, 18A, 18B, 18C, 18D, 18E and 18F. 178

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (a), amended Section 18, by deleting the word

―fiscal‖ or ―fiscal duty‖ as the case may be, wherever they appear. 179

w.e.f. 03-November-2008, Revised laws of Mauritius of 2000, amended section 18 (1) by deleting the word

―determined‖ the words ―in accordance‖ 180

w.e.f. 03-November-2008, Revised laws of Mauritius of 2000, amended section 18 (1) by inserting after the word

―those‖ and replacing it by the word ―the‖ 181

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 18, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 182

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 18 (4) by deleting the words “any

of the sections‖ and replacing them by the word “section‖ 183

w.e.f. 03-November-2008, Revised laws of Mauritius of 2000, amended section 18f (2) by inserting after the

words ―basis of the value‖ the word ―derived‖ 184

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 18F (3) (b) by deleting the word

―two” and replacing it by the word ―2‖ 185

w.e.f. 19-December-2009, ACT-20/2009, The Finance (Miscellaneous Provisions) ( No.2) Act, Section 7 (b),

amended Section 18F (3) (f), by deleting the words ―arbitrary or‖ and replacing them by the words ―minimum

values or arbitrary or‖ 186

w.e.f. 01-January-2000, ACT-18/1999, Finance Act 1999, Section 5 (e), amended Section.19, by deleting Section

19 which is

“19 Under or Over Valuation of Goods.

Where the Comptroller finds that goods have been declared at a value different from their true value at the time

and place of export he may, on such information as is available to him, determine the value of those goods and the

importer shall pay duty, excise duty and taxes, if any, on the value so determined.‖

and replacing it by the new Sections 19 and 19A. 187

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 19, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖. 188

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 19 (1) by deleting the words ―the

Director-General‖ and replacing them by the word ―him‖ 189

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 19, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 190

w.e.f. 03-November-2008, Revised laws of Mauritius of 2000, amended section 19 (1) by deleting the words

―value so determined‖ and replacing it by the word ―values so determined‖ 191

w.e.f.01-January-2013, ACT 26/2012, Finance Act 2012, Section 5 (d) (i), amended Section 19 by inserting, after

subsection (1), the new subsection (1A) 192

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (d)(i), amended Section 19, by repealing

subsection (1A) which is

“(1A) The duty, excise duty and taxes determined under subsection (1) shall include a penalty representing 50

per cent of the difference between the amount of duty, excise duty and taxes determined by the Director-General

and the amount of duty, excise duty and taxes specified in the validated bill of entry together with interest at the rate of

one per cent per month or part of the month from the date of the validation to the date of payment.‖ 193

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (d)(ii), amended Section 19, by repealing

subsection (2) which is

―On determination of the value of any goods under subsection (1), the Director-General shall give to the importer

notice in writing of the basis of the valuation.”

and replacing it be the new subsection (2) 194

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (f) (i), amended Section 19, by inserting

immediately after subsection (2) the new subsection (2A), (2B), (C), (2D), (2E) and (2F). 195

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 19(2B) by deleting the word

―proforma‖ and replacing it by the words “pro forma‖ 196

w.e.f. 21-July-2003, ACT-18/2003, Finance Act 2003, Section 5 (a), amended Section 19, by repealing subsection

(3) which is

―(3) Where the importer disputes the value of the goods determined by the Comptroller, he may, within 7 days of

the date of the notice under subsection (2), notify the Comptroller of the dispute in writing.‖

and replacing it by subsections (3) and (4) 197

w.e.f.01-January-2013, ACT 26/2012, Finance Act 2012, Section 5 (d) (ii), amended Section 19 by repealing

subsection (3)

“(3) Where the importer disputes the value of the goods determined by the Director-General, the importer may ask 197 197

for a review of the notice under subsection (2) , (2C) or (2F) (c), within 28 days of the date of the notice and shall 197 197

for the purpose lodge with the Clerk to the Assessment Review Committee, in accordance with section 19 of the

Mauritius Revenue Authority Act 197

, written representations specifying precisely the reasons thereof.”

and replacing it by the new subsection (3)

198 w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (d)(i), amended Section 19, by repealing

subsection (3) and (3A) to (3C) which are

“(3)(a) Where the importer is dissatisfied with the value of the goods and the amount of duty, excise duty and taxes

determined under subsection (1), the importer may, within 28 days of the date of determination, object to the

value and to the amount in a form approved by the Director-General and send the form duly filled in to the

Director-General by registered post.

(b) Where the importer makes an objection under paragraph (a), he shall specify in the form the detailed grounds

of the objection.

(c) Where it is proved to the satisfaction of the Director-General that, owing to illness or other reasonable cause,

the importer has been prevented from making an objection within the time limit specified in paragraph (a),

the Director-General may consider the objection.

(d) Any objection under this subsection shall be dealt with independently by an objection directorate.

(e) The burden of proving that the value of the goods and the amount of duty, excise duty and taxes payable

determined under subsection (1) is incorrect, or what the value and the amount of duty, excise duty and taxes

payable should be, shall lie on the importer.

(3A)(a) The objection directorate shall consider an objection under subsection (3) and may -

(i) review the value of the goods and the amount of duty, excise duty and taxes payable;

(ii) disallow or allow it in whole or in part; and

(iii) where appropriate, amend the value and the amount of duty, excise duty and taxes payable to conform

with its determination.

(b) The Director-General shall, within 4 months of the date of receipt of the objection under subsection (3), give

notice of the determination to the importer.

(3B) Where the importer is aggrieved by a determination under subsection (3A)(a), he may, within 28 days of the date

of the determination, lodge written representations with the Clerk to the Assessment Review Committee in

accordance with section 19 of the Mauritius Revenue Authority Act.

(3C) Where duty, excise duty and taxes have been paid under this section and as a result of the determination of an

objection under subsection (3A)(a), any amount of duty, excise duty and taxes underpaid or paid in excess of the

amount determined to be properly payable, shall, subject to subsection (3B), be claimed or refunded, as the case

may be.” 199

w.e.f.01-January-2013, ACT 26/2012, Finance Act 2012, Section 5 (d) (iii), amended Section 19 by adding the

new subsections (3A), (3A) and (3C) 200

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (f) (iii), amended Section 19 (4), by inserting

after the words ―subsection (3)‖ the words ―, in so far as it relates to a notice under subsection (2) 201

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(c), amended

the Customs Act, in section 19A(1), by inserting, after the words ―customs laws‖, the words ―or any other Revenue

Laws‖; 202

w.e.f.01-January-2013, ACT 26/2012, Finance Act 2012, Section 5 (e), amended the Customs Act by inserting,

after section 19A, the new section 19B 203

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (d)(ii), amended

section 19B, by inserting, after subsection (2), the new subsection 3A 204

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (d)(i), amended section 19B (3), by inserting, after the word ―shall,‖, the words ―subject to subsection (3A),”;

205 w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(d), amended

the Customs Act, in section 19B, by repealing subsection (5) -

(5) Where there is any material difference between the actual facts relating to the goods and the details

contained in the application, the ruling shall not be binding upon the Director-General.

and replacing it by the following subsection; 206

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (e)(i), amended

Section 19B, by inserting new subsection (7A).

207 w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (e)(ii), amended

subsection 19B(8), by deleting the words ― may publish a notice in the Gazette‖ and replacing it by the words ―shall

post a notice on the website of the Authority‖.

208 w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (e)(iii), amended

Section 19B, by inserting new subsection (9).

209 w.e.f. 21-July-2003, ACT-18/2003, The Unified Revenue (Amendment) Act 2003, Section 5 (b), amended Section

20, by deleting it which is

―20 Customs Advisory Committee.

(1) There shall be established an advisory committee to be called the Customs Advisory Committee on

Classification, Valuation and Origin of Goods.

(2) The Committee shall be composed of the following members-

(a) A chairman appointed by the Minister, on the advice of the Comptroller and the Mauritius Chamber of

Commerce and Industry;

(b) A representative of Customs;

(c) A representative of the Mauritius Chamber of Commerce e and Industry;

(d) A representative of the Ministry of Trade and Shipping; and

(e) Any other co-opted member called upon by the Chairman.

(3) The Committee shall be competent in reviewing all matters relating to classification, valuation or

determination of origin of imported or exported goods, except matters involving fraud.

(4) The Committee shall be empowered to call for the importer or exporter, as the case may be, and for the

Comptroller; and the Committee shall be empowered to examine all documents in their possession.

(5) The Committee shall perform its functions diligently and expeditiously and refrain from communicating to any

unauthorized person any information supplied to it.

(6) Notwithstanding any enactment, no person who aggrieved by the decision of the Comptroller on

classification, valuation or origin of goods, shall appeal to the Tax Appeal Tribunal except within 28 days after the

matter in dispute has been reviewed by the Committee and the Committee has given its findings.

(7) The Comptroller shall, without unreasonable delay, refer every dispute under this Section, except any matter

involving fraud, to the Committee for review and inform the importer or exporter, as the case may be, accordingly.

(8) The Committee shall meet as often as necessary at the request of its chairman‖

and replacing it by the new Section 20. 210

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 20, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 211

w.e.f.01-January-2013, ACT 26/2012, Finance Act 2012, Section 5 (f) (i), amended Section 20 in subsection (1),

by adding the words ―and the duty, excise duty and taxes payable‖; 212

w.e.f.01-January-2013, ACT 26/2012, Finance Act 2012, Section 5 (f) (ii), amended Section 19 by deleting the

word ―thereof‖ and replacing it by the words ―of the determination and specify the difference between the amount of

duty, excise duty and taxes as determined and the amount of duty, excise duty and taxes specified in the validated bill

of entry together with a penalty representing 50 per cent on the difference and interest at the rate of one per cent per

month or part of the month from the date of the validation to the date of payment‖ 213

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (e)(i), amended Section 20, by repealing

subsection (2) which is

―On a determination under subsection (1), the Director-General shall give to the importer or exporter notice in writing

of the determination and specify the difference between the amount of duty, excise duty and taxes as determined and

the amount of duty, excise duty and taxes specified in the validated bill of entry together with a penalty representing 50

per cent on the difference and interest at the rate of one per cent per month or part of the month from the date of the

validation to the date of payment.”

and replacing it by the new subsection (2) 214

w.e.f.01-January-2013, ACT 26/2012, Finance Act 2012, Section 5 (f) (iii), amended Section 19 by repealing

subsection (3) which is

―(3) Where the importer or exporter disputes the classification or origin of the goods as determined by the

Director-General under subsection (1), the importer or exporter may ask for the review of the notice under subsection

(2), within 28 days of the date of the notice and shall for that purpose lodge with the 214

Clerk to the Assessment Review

Committee, in accordance with section 19 of the Mauritius Revenue Authority Act 214

, written representations specifying

precisely the reasons thereof.‖

and replacing it by the new subsection (3) 215

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (e)(ii), amended Section 20, by repealing

subsection (3), (3A) and (3B)

―(3) (a) Where the importer or exporter disputes the classification or origin of the goods and the amount of duty,

excise duty and taxes as determined under subsection (2), the importer or exporter may, within 28 days of the date of

determination, object to the classification or origin of the goods and the amount of duty, excise duty and taxes in a

form approved by the Director-General and send the form duly filled in to the Director-General by registered post.

(b) Where the importer or exporter makes an objection under paragraph (a), he shall specify in the form the

detailed grounds of the objection.

(c) Where it is proved to the satisfaction of the Director-General that, owing to illness or other reasonable cause,

the importer or exporter has been prevented from making an objection within the time limit specified in paragraph

(a), the Director-General may consider the objection.

(d) Any objection under this subsection shall be dealt with independently by an objection directorate.

(e) The burden of proving that the classification or origin of the goods and the amount of duty, excise duty and

taxes determined under subsection (2) is incorrect, or what the classification or origin of the goods and the

amount of duty, excise duty and taxes payable should be, shall lie on the importer or exporter.

(3A)(a) The objection directorate shall consider an objection under subsection (3) and review the classification or

origin of the goods and the amount of duty, excise duty and taxes payable, and may -

(i) disallow or allow it in whole or in part; and

(ii) where appropriate, amend the classification or origin of the goods and the amount of duty, excise

duty and taxes payable to conform with its determination.

(b) The Director-General shall, within 4 months of the date of receipt of the objection under subsection (3), give

notice of the determination to the importer or exporter.

(3B) Where the importer or exporter is aggrieved by a determination under subsection (3A)(a), he may, within 28

days of the date of the determination, lodge written representations with the Clerk to the Assessment Review

Committee in accordance with section 19 of the Mauritius Revenue Authority Act.

216 216 w.e.f.01-January-2013, ACT 26/2012, Finance Act 2012, Section 5 (f) (iv), amended Section 19 by adding the

new subsections (3A) and (3B) 217

w.e.f. 11-August-2001, ACT-23/2001, Finance Act 2001, Section 4 (b) amended Section 20, by deleting subsection

(6) which is

―(6) Notwithstanding any other enactment, no person who is aggrieved by a decision of the Comptroller on

classification, valuation or origin of goods, shall appeal to the Tax Appeal Tribunal except within 28 days after the

matter in dispute has been reviewed by the Committee and the Committee has given its findings‖

and replacing it by the new subsection (6) 218

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 21, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 219

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 21(1) by deleting the word “six‖

wherever it appears and replacing it by the word ―6‖ 220

w.e.f. 15-12-2011, ACT-37/2011, Finance Act 2011, Section 4 (d), amended Section 21(1), by inserting after the

words ―another period of 6 months,‖ the words “or such other period as the Director-General may consider

necessary, depending on the duration of the implementation of a project and provided that the period shall not

exceed 3 years,”. 221

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 21, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 222

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 21(4) by deleting the words ―the

provision of any law in force” and replacing them by the words ―any other enactment” 223

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (g) (i), amended Section 21 in subsection

(4), by deleting the words ―12 per cent per annum or such other rate as may be‖ and replacing them by the words ―one

per cent per month or part of the month‖ 224

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 21(4), deleted the word ―one‖ and replaced it by the

figure ―0.5‖ 225

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 21 (6) by deleting the words ―force

majeure‖ and replacing them by the words ‗―force majeure‖‘ 226

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (g) (ii), amended Section 21 in subsection

(8), by deleting the words ―treble the value of the goods‖ and replacing them by the words ―3 times the amount of duty,

excise duty and taxes underpaid on the goods‖ 227

w.e.f. 01-July-1991, ACT-17/1991, Finance Act 1991, Section 6 (1), amended Section 21 (9), by deleting the

words ―, provided that, in such circumstances, subsection (1) shall not apply in respect of sales tax‖. 228

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (e), by inserting, after section 21, the new section – 21A.

229 w.e.f. 01-10-2006, ACT-15/2006, Finance Act 2006, Section 8 (d), amended the Section 22, by repealing it which

“22. Goods for Sale in Duty-Free Shops.

(1) Any goods which are intended for sale in a duty-free shop shall be exempted from payment of any duty, excise

duty or taxes.

(2) The conditions under which such goods may be imported, exported or otherwise dealt with shall be as

prescribed‖

and replacing it by the new Section 22. 230

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12(f) amended section

22, in the heading, by adding the words “or departing citizens of Mauritius” 231

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 22, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 232

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 22 (1) (b) by deleting the word

―at‖ and replacing it by the word ―or‖ 233

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (h), amended Section 22, by repealing

subsection (3) which is

“(3) For the purposes of subsection (1) –

“Deferred Duty and Tax Scheme” means such scheme as may be prescribed whereby any shop may sell goods –

(a) mainly to visitors without payment of duty, excise duty and taxes; and

(b) to other persons upon payment of duty, excise duty and taxes.‖

234 w.e.f. 01-February -2017, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, by inserting after section

22, a new section 22A ―Accounting of goods to be warehoused in a duty-free shop or shop under Deferred Duty

and Tax Scheme” . 235

w.e.f. 01-January-1989, ACT-02/1991, Customs (Amendment) Act 1991, Section 3, amended Section 23 (1), by

adding after the word ―duty‖ wherever it appears the words ― or levy‖. 236

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 23, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 237

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (f), amended

Section 23, by repealing subsection (1) which read as follows: “(1)Where goods have been damaged, pilfered, lost or 237237

destroyed during the voyage or where duty or excise duty has been paid through an error of fact or an erroneous

construction of the law 237

or where any goods have been ordered to be destroyed as being unfit for consumption, the 237

Director-General, upon request, may refund or adjust the amount of duty or excise duty payable accordingly.” and

replacing it by new subsection (1). 238

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (e), amended Section 23, by inserting

immediately after the subsection (1), the new subsection (1A) 239

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 23, amended by deleting the words ―the importer‖

wherever they appear and replacing them by the words ―the person‖ and by deleting the words ―an importer‖

wherever they appear and replacing them by the words ―a person‖. 240

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(e), amended

the Customs Act, in section 23(3), by deleting the words ―under an erroneous construction of the law or by other

error,‖ and replacing them by the words ―for reasons specified in subsections (1), (1A) and (2),‖ 241

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 23, amended by inserting, after subsection (3), the

following new subsection –(3A) No claim or refund of duty and excise duty shall be made where the amount is less

than 250 rupees or such other amount as may be prescribed. 242

w.e.f. 01-January-2013,ACT 26/2012, Finance Act 2012, Section 5 (i) (i), amended Section 23 in subsection (4),

by inserting, after the word ―shall‖, the words ―, within 28 days of the date of receipt of the claim,‖; 243

w.e.f. 11-August-2001, ACT-23/2001, Finance Act 2001, Section 4 (c), amended Section 23, by deleting the words

―appeal to the Tax Appeal Tribunal‖ and replacing them by the words ―lodge written representations with the

Secretary, Assessment Review Committee in accordance with Section 8E of the Unified Revenue Act 1983‖ 244

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (h), amended Section 23 (5), by deleting the

words ―Secretary, Assessment Review Committee, in accordance with the Section 8E of the Unified Revenue Act‖

and replacing them by the words ―Clerk to the Assessment Review Committee, in accordance with Section 19 of the

Mauritius Revenue Authority Act 2004‖. 245

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 23 (5) by deleting the word

―2004‖ 246

w.e.f. 01-January-2013,ACT 26/2012, Finance Act 2012, Section 5 (i) (ii), amended Section 23 by repealing

subsection(5) which is

“(5) Where the importer is dissatisfied with the decision of the Director-General under subsection (4), he may

lodge written representations with the Clerk to the Assessment Review Committee, in accordance with section 19 of the

Mauritius Revenue Authority Act 2004;‖

and replacing it by the new subsection (5) 247

w.e.f. 14-May-2015 ACT-9/2015, Finance Act 2015, Section 23, amended subsection (5), by inserting after

paragraph (c), the following new paragraph - (ca) Where the Director-General refuses to consider an objection

made after the time limit specified in paragraph (a), he shall, within 28 days of the date of receipt of the letter of

objection, give notice of the refusal to the person. 248

w.e.f. 01-January-2013,ACT 26/2012, Finance Act 2012, Section 5 (i) (iii), amended Section 23 by adding the

following new subsections (6), (7) and (8) 249

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 23, amended subsection (6), by adding the following

new paragraph – (c)Where the objection is not determined within 4 months under paragraph (b), it shall be

considered to have been allowed by the Director-General. 250

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 23, amended subsection (7), by inserting, after the

words ―aggrieved by‖, the words ―a decision under subsection (5)(ca) or‖ 251

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (f), amended Section 23, by adding the new

subsection (9) 252

w.e.f. 01-January-2013,ACT 26/2012, Finance Act 2012, Section 5 (j) (i), amended Section 24 by repealing the

heading which is

“Erroneous refund, remission or reduction”

and replacing it by the new heading - 253

w.e.f. 01-January-2013,ACT 26/2012, Finance Act 2012, Section 5 (j) (ii), amended Section 24 in subsection (1),

by deleting the words ―, remission‖ and the words ―, remitted‖, wherever they appear 254

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 24, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖.

255 w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 24, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 256

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (f), amended Section 24, by adding the new

subsection (2), the existing provision being numbered (1) accordingly. 257

w.e.f. 01-January-2013,ACT 26/2012, Finance Act 2012, Section 5 (j) (iii), amended Section 24 in subsection (2)

by deleting the figure ―21‖ and replacing it by the figure ―28‖ 258

w.e.f. 01-January-2013,ACT 26/2012, Finance Act 2012, Section 5 (j) (iv), amended Section 24 by adding the new

subsections (3), (4), (5) and (6) 259

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 24, amended subsection (3), by deleting the word

―one‖ and replacing it by the figure ―0.5‖; 260

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 24, amended subsection (4), by inserting, after

paragraph(c), the following new paragraph - (ca) Where the Director-General refuses to consider an objection

made after the time limit specified in paragraph (a), he shall, within 28 days of the date of receipt of the letter of

objection, give notice of the refusal to the person. 261

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 24, amended subsection (5), by adding the following

new paragraph - (c) Where the objection is not determined within 4 months under paragraph (b), it shall be

considered to have been allowed by the Director-General. 262

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 24, amended subsection (6), by inserting, after the

words ―aggrieved by‖, the words ―a decision under subsection (4)(ca) or‖. 263

w.e.f. 01-January-2013,ACT 26/2012, Finance Act 2012, Section 5 (k), amended the Customs Act by inserting,

after section 24, the new section 24A 264

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (g), amended Section 24A(1), by deleting the

words ―162(1)(b)(ii)(A)‖ and replacing them by the words ―162(1)(b)‖ 265

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (g)(i), amended

Section 24A, by deleting the words ―importer or the person‖ and replacing them by the words ―persons including‖. 266

w.e.f. 24-July-2017, Act 10 of 2017, Finance Act 2017, Section 12 (g)(i) amended Section 24A – in subsection (1), by deleting the words “referred to in section 162(1)(b)” and replacing them by the words “the

person referred to in section 162(6) who does not agree to compounding” 267

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 24A, amended subsection (1)(b), by deleting the

words ―representing‖ and ―one‖ and replacing them by the words ―not exceeding‖ and the figure ―0.5‖, respectively 268

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 24A, amended subsection (2), by adding the words

―or such longer period as may be applicable under section 7A”. 269

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (g)(ii), amended

subsection 24A(3), by deleting the words ―an importer ‖ and ―the importer‖ wherever they appear and replacing them

by the words ―a person‖ and ―the person‖ respectively.

262 w.e.f. 14-May-2015, ACT-2015, Finance Act 2015, Section 24A, amended subsection (3), by inserting, after

paragraph (c), the following new paragraph - (ca) Where the Director-General refuses to consider an objection

made after the time limit specified in paragraph (a), he shall, within 28 days of the date of receipt of the letter of

objection, give notice of the refusal to the person. 271

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (g)(iii), amended

subsection 24A(4)(b), by deleting the words ―the importer‖ and replacing them by the words ―the person‖. 272

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 24A, amended subsection (4), by adding the

following new paragraph -

(c) Where the objection is not determined within 4 months under paragraph (b), it shall be considered to have

been allowed by the Director-General. 273

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (g)(iv), amended

subsection 24A(5), by deleting the words ―an importer ‖ and replacing them by the words ―a person‖. 274

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 24A, amended subsection (5), by inserting, after the

words ―aggrieved by‖, the words ―a decision under subsection (3)(ca) or‖ 275

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12(g)(ii), amended Section 24A – by adding the new subsection (6).

276 w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 25 (1) by adding after the word

―Customs‖ the words ―in the case of goods‖ 277

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 25(1) by deleting the words ―in the

case of goods‖ wherever the appear in the paragraphs 278

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 25, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 279

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12(h), by inserting, after section 25, the new sections 25A and 25B.

280 w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (h), amended

subsection 25B, by repealing subsection (3) which reads as follows:

“3) (a) Where a clearance from a Government agency has not been received by the Director-General –

(i) he may release the goods from customs control by handing them over, in the customs area, to the relevant

Government agency for onward clearance; or

(ii) he may, where the goods cannot be put under seal, hand over, in the customs area, samples to the relevant

Government agency for the purpose of verification, testing or analysis and the goods may, on submission of

the clearance from the relevant Government agency, be cleared from customs control.

(b) The goods referred to in paragraph (a)(i) shall be placed under the seal of the relevant Government

agency, in the customs area, before they are released. ”and replacing it by new subsection (3).

281 w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 26, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 282

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (g) amended Section 29, by repealing it which

―29. Goods Imported or Exported by Post.

Goods imported or exported in any form or packaging through the Post Office shall be subject to Customs

control.”

and replacing it by the new Section 29. 283

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (i), amended Section 29, by deleting the words

―the Post Office‖ and replacing them by the word ―post‖. 284

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 29 by deleting the word ―post‖

and replacing it by the words ―Postal Services Act‖ 285

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (h), amended Section 30 (1), by repealing

paragraphs (b), (c) and (d) which are

―(b) for warehousing;

(c) For transshipment; or

(d) For processing, export or re-export in accordance with the Industrial Expansion Act 1993and the Export

Service Zones Act, as the case may be.‖

and replacing them by the new paragraphs (b) and (c). 286

w.e.f. 11-August-2000, ACT-25/2000, Finance Act 2000, Section 3 (a), amended Section 30 (1) (d), by deleting the

words ―Export Processing Zones Act” and replacing them by the words ―Industrial Expansion Act 1993‖. 287

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (i)(i), amended Section 30, in subsection (1), by adding the following new paragraph, the full stop at the end of paragraph (c)

being deleted and replaced by the words “; or” and the word “or” at the end of paragraph (b) being deleted – (d)

transit. 288

w.e.f. 15-12-2011, ACT-37/2011, Finance Act 2011, Section 4 (e), amended Section 30, by adding the new

subsection (3). 289

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (l), amended Section 30 (3) by inserting,

after the word ―release‖, the words ―, free of duty, excise duty and taxes,‖; 290

w.e.f. 01-July-2016, Act No.2 of 2016 amended Section 30(3), by inserting, after the words ―relief consignments‖,

the words ― or such other goods imported as aid to those affected by a disaster in Mauritius”. 291

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (i)(ii), amended Section 30 by adding, after subsection (3), the subsection (4).

292 w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 32 by changing the font style of

the word ―bona fide‖ from bold to italics 293

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 33, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 294

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 34, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 295

w.e.f. 15-12-2011, ACT-37/2011, Finance Act 2011, Section 4 (f), amended Section 34(1), by deleting the words

―and such copies as may be required”. 296

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 35, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 297

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 36, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 298

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 37 by creating subsections (1) and

(2) 299

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 37, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 300

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 37 by deleting the word ―a

deposit‖ and replacing it by the word “such deposit” 301

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 38, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 302

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 38 by creating a subsection (4)

303 w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 38 (4) by deleting the words

―three‖ and replacing them by the word ―3‖ 304

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 38, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 305

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 39, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 306

w.e.f. 22-August-2007, ACT-17/2007, Finance Act 2007, Section 9 (e), amended Section 40, by deleting the words

―is issued upon by‖ and replacing them by the words ―is issued upon‖ 307

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 40, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 308

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 42, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 309

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 43, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 310

w.e.f. 31-July-1999, ACT-18/1999, Finance Act 1999, Section 5 (f), amended the Customs Act, by inserting

immediately after Section 43, the new Section 43A. 311

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (m), amended Section 43A(1) by inserting,

after the word ―keep‖, the words ―, at his business premises,‖; 312

w.e.f. 15-12-2011, ACT-37/2011, Finance Act 2011, Section 4 (g), amended Section 43A(2), by deleting the words

―together with a copy of the documents delivered to the Director-General with that entry” and replacing them by

the words ―together with –

(a) the original of the documents where the documents have been scanned and forwarded to the Director-General; or

(b) a copy of the documents, where the documents have been delivered to the Director-General.‖. 313

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (h), amended Section 43A, by repealing the

subsection (4) which is

―(4) For the purposes of subsection (2), "TradeNet" has the same meaning as in the Customs (Use of Computer)

Regulations 1997.” 314

w.e.f. 21-July-2003, ACT-18/2003, Finance Act 2003, Section 5 (c), amended Section 43A (5), by deleting the

words ―50,000 rupees‖ and replacing them by the words ―200,000 rupees‖. 315

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 44, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 316

w.e.f. 22-August-2007, ACT-17/2007, Finance Act 2007, Section 9 (f), amended Section 45, by deleting the words

―Authority of Mauritius‖ and replacing them by the words ―Government of Mauritius‖ 317

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 48, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 318

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 48 by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 319

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (c) (i), amended Section 49 (1) (a) by deleting the

words ―within 24 hours after arrival‖ and replacing them by the words ―not earlier than 48 hours before arrival but

not later than 24 hours after arrival‖. 320

w.e.f. 21-July-2003, ACT-18/2003, Finance Act 2003, Section 5 (d), amended Section 49 by deleting subsection

(1) which is

―49 Cargo Report

(1) The master, owner or duly authorised agent of every aircraft or ship arriving from ports beyond the seas

shall-

(a) not earlier than 48 hours before arrival but not later than 24 hours after arrival, exclusive of Sundays and other

public holidays, make report of the aircraft or ship and of the cargo by delivering an inward manifest to the

Comptroller in such form and with such copies as may be prescribed; and

(b) answer questions and give all information required relating to the aircraft or ship and the cargo‖

and replacing it by the new subsection (1) 321

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 49, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖

322 w.e.f. 01-December-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016 amended section 49(1), by

deleting the words ―a full and complete‖ and replacing them by the word “an”.

323 w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (n)(i)(A), amended Section 49(1) by

deleting the words ―both in electronic form and hard copy‖ and replacing them by the words ―in electronic form‖;

324 w.e.f. 01-December-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016 by repealing subparagraph

49(1)(a) (i)‖arriving from Reunion Island, not later than 5 hours before arrival; or” and replacing it by a new

subparagraph.

325 w.e.f. 01-December-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, amended Section

49(1)(a)(ii), by deleting the words ―before arrival‖ and replacing them by the words ―after loading in the last port of

departure‖ 326

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (n)(i)(B), amended Section 49(1) by

repealing paragraph (b) which is

―(b) in the case of an aircraft -

(i) arriving from Reunion Island, upon arrival; or

(ii) arriving from any other airport, not later than one hour before arrival.”

and replacing it by the new paragraph (b)

327 w.e.f. 01-December-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016 amended section 49 by

inserting after subsection (1), a new subsection (1A), “The master, owner or duly authorised agent of every aircraft

or ship arriving from airports or ports beyond the seas shall submit to the Director-General a full and complete

inward manifest under this section within the time specified in subsection (1)(a) and (b)” and the existing

subsection (1A) being renumbered (1B).

328 w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (j), amended Section 49, by adding

immediately after subsection (1) the new subsection (1A). 329

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (i) (i), amended Section 49 (1A) by deleting the

words ―air cargo manifest‖ and replacing them by the words ―inward manifest under subsection (1)‖ 330

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (n)(ii), amended Section 49(1A) by deleting

the words ―by the Director-General through SITA‖ and replacing them by the words ―in electronic form by the

Director-General through SITA or such other electronic system or manner as may be approved by the Director-

General‖; 331

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (c) (ii), amended Section.49 (2) (b) by deleting

the words ―on payment of a fee of Rs 50, or such other amount as may be prescribed, for every such amendment‖. 332

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (i) (ii), amended Section 49 by adding

immediately after subsection (2) the new subsection (3). 333

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 51, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 334

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 54, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 335

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 55, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 336

w.e,f 15-December2001, Revised laws of Mauritius of 2000, amended section 56, in the title, by deleting the word

―or‖ and replacing them by the word ―at‖ 337

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 56, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 338

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (o), amended Section 56 by inserting, after

the word ―Director-General‖, the words―, free of charge,‖ 339

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 57, in the title, by deleting the

word ―the‖ 340

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 57 by deleting the word ―Marine‖

wherever it appears and replacing it by the word ―Ports‖ 341

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 57, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 342

w.e.f. 2-Feb-2018, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12(j)(i), amended

Section 57 by inserting, after the word ―Director-General‖, the words ―, electronically or in such other manner as the

Director-General may determine,‖ 343

w.e.f. 2-Feb-2018, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12(j)(ii), amended

Section 57 by adding the following new paragraph, the full stop at the end of paragraph (c) being deleted and replaced

by a semicolon –

(d) removed from the place of landing. 344

w.e.f. 2-Feb-2018, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12(k), by inserting, after

section 57, the new sections 57A and 57B. 345

w.e.f. 10-January-1991, ACT-28/1986, The Merchant Shipping Act 1986, Section 204 (3), amended Section 58,

by deleting the word ―Comptroller‖ and replacing it by the words ―Director of Shipping‖ 346

w.e,f 15-December2001, Revised laws of Mauritius of 2000, amended section 58 (1), by deleting the words

―Director of Shipping‖ and replacing them by the word ―Comptroller‖ 347

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 58, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 348

w.e.f. 2-Feb-2018, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12(l)(i), amended

Section 58 in subsection (1) – (A) by inserting, after the word ―Director-General‖, the words ―, electronically or in

such other manner as the Director-General may determine,‖

349 w.e.f. 2-Feb-2018, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12(l)(i)(B), amended

Section 58, in subsection (1) – (B) by adding the following new paragraph, the full stop at the end of paragraph (c)

being deleted and replaced by the words ―; or‖ and the word ―or‖ at the end of paragraph (b) being deleted –

(d) removed from the place of landing. 350

w.e.f. 19-December-2009, ACT-20/2009, The Finance (Miscellaneous Provisions) ( No.2) Act, Section 7 (c),

amended Section 58 (2), by deleting the words ―Director of Shipping‖ and replacing them by the word ―Director-

General” 351

w.e.f. 2-Feb-2018, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12(l)(ii), amended

Section 58, in subsection (2), by inserting, after the word ―Director-General‖, the words ―, electronically or in such

other manner as the Director-General may determine,‖; 352

w.e.f. 01-02-2019, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (i), amended

Section 58, by adding new subsection (3). 353

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 59, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 354

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 60, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 355

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 60 by deleting the word ―Marine‖

and replacing it by the word ―Ports‖. 356

w.e.f. 26-August-2004, ACT-28/2004, Finance Act 2004, Section 5 (c) (i), amended Section 61 (1), by deleting the

words ―other than goods under the control of the Mauritius Ports Authority or any other competent authority, as

the case may be,‖. 357

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 61 (1) by deleting the word ―two‖

and replacing it by the word ―2‖ 358

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 61, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 359

w.e.f. 07-August-2006, ACT -15/2006, Finance Act 2006, Section 8 (j) (i), amended Section 61 (2), by adding after

the words ―Section 69 (2)‖ the words ―or 77 (1)‖ 360

w.e.f. 01-October-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, Section 61, amended

section 61 by inserting after subsection (2), a new subsection (2A). 361

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 61, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 362

w.e.f. 26-August-2004, ACT 28/2004, Finance ACT 2004, Section 5 (c) (ii), amended Section 61, by deleting

subsection (3) which is

―(3) where under Section 37 of the Ports Act, the Mauritius Marine Authority intends to dispose of goods landed

from a ship, it shall give written notice to that effect to the Comptroller who shall, subject to subsection (6), assess

the duty, excise duty and taxes payable on the goods.‖ 363

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 61, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 364

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 61, amended by repealing subsection (6) and

replacing it by the following subsection –

(6) (a) Where goods other than seized goods cannot be sold for a sufficient price to cover duty, excise duty and taxes,

the Director-General may direct that, in lieu of being sold, the goods shall be destroyed or reserved for a Ministry,

a Government department, a local authority, a statutory body, the Rodrigues Regional Assembly or a charitable

institution.

(b) In this subsection -

“charitable institution” has the same meaning as in the Income Tax Act. 365

w.e.f. 29-September 2015, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, Section 61, amended

subsection (6), in paragraph (a), by inserting, after the word ―Assembly‖, the words ―, a foreign government‖. 366

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 61 (7) by changing the font style

of the word ―ad valorem” from bold to italics 367

w.e.f. 15-December 2001, Revised laws of Mauritius of 2000, amended section 61 (8) by deleting the words ―any

other provisions under‖ 368

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12(m), amended Section 61 by repealing subsection (8) which is as follows:

(8) Notwithstanding this Act, where the Director-General is of the opinion that any goods

specified in subsection (1) are of a perishable nature or that it is otherwise desirable to do so,

he may direct that the goods be forthwith sold by public auction or public tender, or be

destroyed where the goods have not been sold.

and replacing it by the new subsection (8) 369

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (j) (ii), amended Section 61, by adding

immediately after the subsection (8), the new subsection 9. 370

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (i), amended Section 64, by inserting, after

the words ―specified condition or restriction‖, the words ―under any enactment relating to export‖

371 w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (j), amended Section 66, by inserting, after

the words ―specified condition or restriction‖, the words ―under any enactment relating to import‖ 372

w.e.f. 26-August-2004. ACT-28/2004, Finance Act 2004, Section 5 (d), amended the Customs Act, by inserting

immediately after Part VI the new Part VIA. 373

w.e.f. 19-July-2008, ACT-18/2008, Finance Act 2008, Section 6 (b), amended Part VIA, in the heading, by

deleting the words ―INFRINGEMENT OF COLLECTIVE MARK, MARK OR COPYRIGHT” and replacing

them by the words “INFRINGEMENT OF PATENT, INDUSTRIAL DESIGN, COLLECTIVE MARK, MARK

OR COPYRIGHT‖ 374

w.e.f. 19-July-2008, ACT-18/2008, Finance Act 2008, Section 6 (c), amended Section 66A, by inserting before the

words ‗‖collective mark‖ wherever they appear, the words ―patent, industrial design‖ 375

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 66, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 376

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (j), amended

Section 66A(1), by deleting the words ‗being sold‖. 377

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (n)(i), amended

section 66A – in subsection (1), by inserting, after the word “ exported”, the words “and detain any goods being

sold on the local market,” 378

w.e.f. 01-July-2015, ACT 9/2015, Finance Act 2015, Section 66A, amended by inserting, after subsection (1), the

following new subsection –

(1A) (a) Notwithstanding subsection (1), where the Director-General has reason to believe that the right of the

owner or authorised user of a patent, industrial design, collective mark or mark or copyright has been infringed or

is likely to be infringed, he may, on his own initiative -

(i) suspend the clearance of the goods for 3 working days;

(ii) at the same time, give notice, electronically or otherwise, to the owner or authorised user, of the

suspension and invite the owner or the authorised user, as the case may be, to lodge, within 3 working days, an

application under subsection (1).

(b) Where an application is not lodged within 3 working days, the Director-General shall immediately waive the

suspension and clear the goods. 379

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (n)(ii)(A)(I) amended section 66A –in subsection (1A) – (A) in paragraph (a) – in subparagraph (i), by inserting, after the word

“goods”, the words “imported or being exported” 380

w.e.f. 07-September -2016, ACT-18/2016, Finance (Miscellaneous Provisions)Act 2016, Section 66A , amended

subsection (1A), by deleting the figure ―3‖ wherever it appears and replacing it by the figure ―21‖. 381

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (j), amended

Section 66(1A)(a)(ia), by deleting the words ‗being sold‖. 382

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (n)(ii)(A)(II), amended section 66A by inserting, after subparagraph (i), the following new subparagraph – (ia) detain any goods

being sold on the local market 383

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (n)(ii)(B), amended

section 66A, in paragraph (b), by adding the words “imported or being exported or release the goods being

detained under subparagraph (ia)” 384

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 66A (3) (b) by changing the font

style of the word ―prima facie‖ from normal to italics 385

w.e.f. 01-July-2015, ACT 9/2015, Finance Act 2015, Section 66A, amended by adding the following new

subsection –

(5) This section shall not apply to small quantities of goods of a non-commercial nature, intended for personal

use, sent in small consignments or contained in the luggage of a passenger, master or crew. 386

w.e.f. 19-July-2008, ACT-18/2008, Finance Act 2008, Section 6 (d), amended Section 66B(3), by inserting before

the word ―importer‖ the word ―applicant‖ 387

w.e.f. 19-July-2008, ACT-18/2008, Finance Act 2008, Section 6 (e), amended Section 66C, by inserting after the

subsection (1), the subsection (1A). 388

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(f), amended

the Customs Act, in section 66C, by adding new subsection (4). 389

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (k), amended

Section 66(D), by deleting the words ‗as a result of being sold‖. 390

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (o), amended Section

section 66D by adding the words “or which have been detained as a result of being sold on the local market” 391

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 67, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 392

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 67 (1) by deleting the word ―any‖

and replacing it by the word ―such‖ 393

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 67, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖.

394 w.e.f. 10-August-2002, ACT-20/2002, Finance Act 2002, Section 5 (c), amended Section 67, by inserting

immediately after the subsection (2) the new subsection (2A). 395

w.e.f 15-February-2016, Proclamation No.2 of 2016, Finance Act 2015, amended Section 67 by repealing

subsection (2A) which is

(2A) Where the applicant or the proprietor or occupier of a bonded warehouse satisfies the prescribed conditions,

his warehouse shall be appointed a specified bonded warehouse as from the date specified in a written notification

issued by the Director-General. 396

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (k), amended Section 67 by repealing

subsection (3) which is

(3) ―The Director-General may, by notice in writing under his hand, revoke or alter any such appointment.‖

and replacing it by the new subsection (3). 397

w.e.f. 01-02-2019, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (l), amended

Section 67, by adding new subsection (3A). 398

w.e.f. 10-August-2002, ACT-20/2002, Finance Act 2002, Section 5 (d), the Customs Act by inserting immediately

after Section 67 the new Section 67A. 399

w.e.f 15-February-2016, Proclamation No.2 of 2016, Finance Act 2015, amended Section 67A, by deleting the

heading ―Specified bonded warehouses‖ and replacing it by the heading ―Obligations of proprietor or occupier of

bonded warehouse‖. 400

w.e.f 15-February-2016, Proclamation No.2 of 2016, Finance Act 2015, Section 67A, amended subsection (1) by

deleting the word ―specified‖ wherever it appears. 401

w.e.f 15-February-2016, Proclamation No.2 of 2016, Finance Act 2015, amended Section 67A, by repealing

subsections (2), (3) and (4) which are

(2) The security to be given by the proprietor or occupier of every specified bonded warehouse shall, for the purposes

of section 70, be in the form of a bank guarantee.

(3) Where the proprietor or occupier of a specified bonded warehouse fails to satisfy the conditions prescribed

pursuant to section 67 (2A), this section shall, without prejudice to any action which the Director-General may take

under the customs laws, cease to apply to the proprietor or occupier with effect from such date as may be specified

by the Director-General in a written notification to the proprietor or occupier.

(4) Section 73 shall not apply to a specified bonded warehouse. 402

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 68, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 403

w.e.f. 26-August-2004. ACT-28/2004, Finance Act 2004, Section 5 (e) (i), amended Section 69 by deleting

subsection (1) which is

―(1) Where the Comptroller, by notice in writing, revokes any order approving any warehouse, the duty, excise

duty and taxes on all the warehoused goods, including those which are not accounted for to the satisfaction of the

Comptroller shall be paid, or the goods shall be exported or remove the goods to another approved warehouse

within such time as the Comptroller may direct.‖

and replacing it by the new subsection (1). 404

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 69, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 405

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 69 by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 406

w.e.f. 26-August-2004, ACT-28/2004, Finance Act 2004, Section 5 (e) (ii), amended Section 69 (2) by inserting

immediately after the words ―customs warehouse‖ the words ―or a warehouse approved by the Comptroller for the

purpose of auction sales‖. 407

w.e.f. 26-August-2004, ACT-28/2004, Finance Act 2004, Section 5 (e) (iii) by adding immediately after subsection

(2), the new subsection (3). 408

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 70 by deleting the word “Marine‖

and replacing it by the word ―Port‖ 409

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 70 by adding the after the word

―Authority‖ a comma 410 410

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (m), amended

Section 70, by inserting after the word ―authority‖ the words ‗and the State Trading Corporation‖. 411

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 70 by deleting the word “two‖

and replacing it by the word "2‖ 412

w.e.f. 01-Jan-2014, ACT-26/2013, Finance Act 2013, Section 4 (k), amended Section 70, by deleting the words ―2

sufficient sureties‖ and replacing them by the words ―one sufficient surety‖ 413

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 70, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 414

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 70, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 415

w.e.f 15-February-2016, Proclamation No.2 of 2016, Finance Act 2015, amended Section 71, by repealing

subsection (1) which is

(1) Upon entry of any goods to be warehoused, or as soon as practicable thereafter, the proper officer shall take a

particular account of the goods and such account shall be entered in a ledger book and replacing it by a new

subsection. 416

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 71, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 417

w.e.f 15-February-2016, Proclamation No.2 of 2016, Finance Act 2015, inserted after section 71, the following

new section-

71A. Accounting of goods removed from bonded warehouse

(1) Upon release of goods by the Director-General from a bonded warehouse, the proprietor or occupier, as the

case may be, of the bonded warehouse shall forthwith record the release in his computer system or in such other

manner as the Director-General may determine.

(2) The proprietor or occupier, as the case may be, shall ensure the reconciliation of the records in his computer

system of the goods removed from, and the balance of the goods in, the bonded warehouse with the records in the

Customs Management System operated by the Customs Department of the Authority.

(3) Any proper officer shall at times have online access to the computerised records of the goods in the bonded

warehouse, kept and maintained by the proprietor or occupier. 418

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 72, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 419

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 72, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖ 420

w.e.f 15-February-2016, Proclamation No.2 of 2016, Finance Act 2015, repealed section 73 which was:

73. Opening warehouse

No person shall, except by the authority of the 420

Director-General, open any warehouse or obtain access to any

such warehouse or any goods warehoused therein. 421

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 74 by adding after the word

―entered‖ the word ―for‖ 422

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 74 (a) by deleting the word ―for”

wherever it appears in the paragraphs (a), (b), (c) and (d) 423

w.e.f. 01-Jan-2014, ACT-26/2013, Finance Act 2013, Section 4 (l), amended Section 74, by repealing the paragraph

―(c) re-warehousing” 424

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (l), amended Section 74, by repealing

paragraph (e) which is

―(e) for supply to enterprises operating under the Industrial Expansion Act 1993, and the Export Services Zones

Act, as the case may be‖,

the semi-colon at the end of paragraph (d) being deleted and replaced by a full stop. 425

w.e.f. 27-July-1994, ACT-25/2000, Finance Act 2000, Section 3 (b), amended Section 74 (e), by deleting the

words ―Export Processing Zones Act” and replacing them by the words ―Industrial Expansion Act 1993‖. 426

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (p), amended the Custom Act by inserting,

after section 74, the new section 74A 427

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(g), amended

the Customs Act, in section 74A, by inserting, after the words ―Freeport Act‖, the words ―or in any bonded

warehouse approved under this Act‖. 428

w.e.f. 13-July-2012,ACT 26/2012, Finance Act 2012, Section 5 (q), amended the Custom Act by repealing sections

75 which is

“75. Export of goods from warehouse

Upon the entry outwards of any goods to be exported from a bonded warehouse, the exporter shall give security

acceptable to the Director-General, for treble the amount of the duty due on such goods, for ensuring that the goods

shall be landed at the place for which they have been entered outwards.‖ 429

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 75, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 430

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (m) amended the Customs Act by repealing

Sections 76 and 77, which are

“76. Clearing of Warehoused Goods.

(1) Where any warehoused goods are not cleared within 12 months of the date of the entry for warehousing, the

Director-General may, on application, allow the importer to re-warehouse the goods for one further period of 12

months provided security by bank guarantee to cover the amount of duty, excise duty and taxes involved at the time

of re-warehousing is produced to the satisfaction of the Director-General.

(2) Where any rewarehoused goods are not cleared within the further period of 12 months a specified in subsection (1),

the Director-General shall, upon giving fifteen days notice in writing to the owner of the goods, caused such bank

guarantee to be realized.

77.Failure to clear warehoused goods or re-warehoused goods.

(1) Where, upon expiry of the initial 21 months period, the owner o the goods fail to clear the goods or to apply for

rewarehousing as provided in this Act, the Director-General may, upon giving the owner fifteen days notice in

writing, cause the goods to be transferred to customs warehouse and to be sold in accordance WITH SECTION 61.

(2) Where rewarehoused goods are abandoned for any reason, the Director-General shall cause the goods to be

transferred to customs warehouse and to be sold in accordance with Section 61.”

and replacing them by the Sections 76 and 77. 431

w.e.f. 11-August-2001, ACT-23/2001, Finance Act 2001, Section 4 (d), amended Section 76 (1), by deleting the

words ―6 months” and replacing them by the words ―12 months‖. 432

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 76, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 433

w.e.f. 15-July-1989, ACT-22/1989, Finance Act 1989, Section 9 (1), amended Section 76, by deleting the words

―three months‖ wherever they appear and replacing them by the words ―six months‖. 434

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 76 by deleting the word

―rewarehouse” and replacing it by the word “re-warehouse‖ 435

w.e.f. 15-12-2011, ACT-37/2011, Finance Act 2011, Section 4 (h), amended Section 76(1), by deleting the words

―of 12 months” and replacing them by the words ―of 24 months‖. 436

w.e.f. 01-October-2012,ACT 26/2012, Finance Act 2012, Section 5 (r), amended Section 76(1) by deleting the

figure―24‖ and replacing it by the figure ―30‖ 437

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 76, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 438

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 76 by deleting the word

―rewarehousing” and replacing it by the word “re-warehousing‖ 439

w.e.f. 30-July-2009, ACT-14/2009, The Finance (miscellaneous provisions) Act 2009, Section 8 (c), amended

section 76, by adding the new subsection (2), the existing provision being numbered (1) accordingly. 440

w.e.f. 01-Jan-2014, ACT-26/2013, Finance Act 2013, Section 4 (m), amended the Customs Act by repealing section

76 which is

“76. Warehoused goods may be re-warehoused

(1) Where any warehoused goods are not cleared within 12 months of the date of the entry for warehousing, the

Director-General may, on application in writing, allow the importer to re-warehouse the goods for one further period

of 30 months provided security by bank guarantee to cover the amount of duty, excise duty and taxes involved at the

time of re-warehousing is given to the satisfaction of the Director-General.

(2) Notwithstanding subsection (1), any motor vehicle lying in a bonded warehouse as at 1 October 2008 or

entered into a bonded warehouse during the period 1 October 2008 to 31 December 2009 shall, unless cleared, be

allowed to remain in the bonded warehouse until 31 December 2010.‖

and replacing it by the new section 76 441

w.e.f. 01-November-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, Section 76, by repealing

Section 76 ―Goods may be warehoused for a period not exceeding 42 months from the date of their entry for

warehousing”and replacing it by a new Section 76. 442

w.e.f. 23-03-2020, ACT-01/2020, The Covid-19 (Miscellaneous Provisions) Act 2020, Section 11 (b)(i), amended

the Customs Act, in section 76 , by numbering the existing provision as subsection (1). 443

w.e.f. 23-03-2020, ACT-01/2020, The Covid-19 (Miscellaneous Provisions) Act 2020, Section 11 (b)(ii), amended

the Customs Act, in section 76 , by adding new subsection (2). 444

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 77, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 445

w.e.f. 11-August-2001, ACT-23/2001, Finance Act 2001, Section 4 (e) amended Section 77 (1), by deleting the

subsection (1) which is

“(1) Where, upon expiry of the initial three months period, the owner of the goods fails to clear the goods or fails

to apply for rewarehousing as provided in this Act, the Comptroller may, upon giving the owner fifteen days notice

in writing, cause the goods to be transferred to customs warehouse and to be sold in accordance with Section 6”

and replacing it by the new subsection (1). 446

w.e.f. 15-July-1989, ACT-22/1989, Finance Act 1989, Section 9 (2), amended Section 77 (1), by deleting the

words ―three months‖ by replacing them by the words ―six months‖. 447

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 77 by deleting the word

―rewarehoused” wherever it appears and replacing it by the word “re-warehoused‖ 448

w.e.f. 15-12-2011, ACT-37/2011, Finance Act 2011, Section 4 (i)(i), amended Section 77 (1)(b), by deleting the

figure ―12” and replacing them by the figure ―24‖. 449

w.e.f. 01-October-2012,ACT 26/2012, Finance Act 2012, Section 5 (r), amended Section 77(1)(b) by deleting the

figure―24‖ and replacing it by the figure ―30‖ 450

w.e.f. 26-August-2004, ACT-28/2004, Finance Act 2004, Section 5 (f), amended Section 77(1)(b), by inserting

immediately after the words ―customs warehouse‖ the words ―or a warehouse approved by the Comptroller for the

purpose of auction sales‖. 451

w.e.f. 15-12-2011, ACT-37/2011, Finance Act 2011, Section 4 (i)(ii), amended Section 77(2), by deleting the words

―a further period of 12 months” and replacing them by the words ―a further period of 24 months‖.

452 w.e.f. 01-October-2012,ACT 26/2012, Finance Act 2012, Section 5 (r), amended Section 77(2) by deleting the

figure―24‖ and replacing it by the figure ―30‖ 453

w.e.f. 01-Jan-2014, ACT-26/2013, Finance Act 2013, Section 4 (n), amended the Customs Act by repealing section

77 which is

“77. Failure to clear warehoused goods or re-warehoused goods

(1) Where –

(a) any warehoused goods are not cleared within a period of 12 months of the date of the entry for warehousing;

(b) any re-warehoused goods are not cleared within one further period of 30 months,

pursuant to section 76, the Director-General may, without prejudice to any action he may take under the Act, upon

giving 15 days’ notice in writing to the owner of the goods –

(i) cause the bank guarantee referred to in section 76 to be realised;

(ii) cause the goods to be transferred to a customs warehouse or a warehouse approved by the Director-

General for the purpose of auction sales and be sold in accordance with section 61.

(2) Any person who fails to clear any warehoused goods within a period of 12 months of the date of the entry for

warehousing those goods, or fails to clear any re-warehoused goods within a further period of 30 months, pursuant to

section 76, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees.”

and replacing it by the new section 77 454

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 78 by deleting the word

―rewarehousing” wherever it appears and replacing it by the word “re-warehousing‖ 455

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 78, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 456

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 78, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 457

w.e.f. 01-Jan-2014, ACT-26/2013, Finance Act 2013, Section 4 (o), amended the Customs Act by repealing section

78 which is

“78. Re-warehousing

The procedure for the re-warehousing of goods shall be -

(a) an application for re-warehousing shall be made by the owner of the goods to the Director-General;

(b) the goods shall be examined by the proper officer at the expense of the owner;

(c) duty, excise duty and taxes shall be paid upon any disallowed deficiency;

(d) a re-warehousing entry shall be made by the owner of the goods according to the result of the examination;

(e) on the passing of the entry, a fresh account shall be substituted in the ledger book for the last account.”

458 w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 79, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 459

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 79 (2) by deleting the word ―as” 460

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 80, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 461

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 80, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 462

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 81, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 463

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 81, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 464

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 82, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 465

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 82, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 466

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 83, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 467

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 83 by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 468

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 83 (2) by deleting the word ―does”

and replacing it by the word “shall‖ 469

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 84 by deleting the word

―rewarehousing” and replacing it by the word “re-warehousing‖ 470

w.e.f. 01-Jan-2014, ACT-26/2013, Finance Act 2013, Section 4 (p), amended section 84, by deleting the words ―or

for rewarehousing‖ and ―or rewarehoused‖ wherever they appear.

471 w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 84 by deleting the word

―rewarehoused‖ wherever it appears and replacing it by the word “re-warehoused‖

472 w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 85, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 473

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 86 by numbering the paragraphs

in alphabetical order instead of figures 474

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 86 by deleting the word ―Marine”

wherever it appears and replacing it by the word “Port‖ 475

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 86, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 476

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 86 (c) by changing the case of the

word ―court’s‖ to ―Court’s‖. 477

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 86, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 478

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 87, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖. 479

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 87 by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 480

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 88, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖. 481

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 89, by inserting immediately after

the word ―apply‖, the word ―the‖ 482

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 90 by adding after the words ―paid

by‖ the word ―the‖ 483

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 91, by deleting the word

―Government‖ wherever it appears and replacing it by the word ―Authority‖ 484

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 91, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 485

w.e.f. 24-July-2017, Act 10 of 2017, Finance(Miscellaneous Provisions) Act 2017, Section 12 (p), by inserting, after section 91, the section 91A 486

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 92, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 487

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (s), amended Section 92(1) by deleting the

words ―delivered to the Director-General a bill of entry and such copies thereof as may be required‖ and replacing

them by the words ―made an electronic declaration in respect of a bill of entry‖ 488

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 92, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 489

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 92 (2), by deleting the word

―previous” and replacing it by the word “prior‖ 490

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 92 (3) by deleting the words ―of

this Act‖ 491

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 93, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 492

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 94, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 493

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 95, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 494

w.e.f. 15-12-2011, ACT-37/2011, Finance Act 2011, Section 4 (j), amended Section 95(a), by deleting the words

―and such copies as may be required in the prescribed form” and replacing them by the words ―as may be required

by the Director-General‖. 495

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 96, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 496

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 97, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 497

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (d) (i), amended Section 97 (4) (a), by deleting the

words ―is not more than Rs 700, be Rs 2,000‖ and replacing them by the words ―does not exceed 1,500 rupees, be

4,000 rupees‖. 498

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (d) (ii), amended Section 97 (4) (b), by deleting

the words ―is more than Rs 700, be three times the value thereof or Rs 10,000‖ and replacing them by the words

―exceeds 1,500 rupees, be three times the value of the goods or 20,000 rupees‖. 499

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (t), amended Section 97(4)(b) by deleting

the words ―3 times the value of the goods‖ and replacing them by the words ―3 times the amount of duty, excise duty

and taxes on those goods‖ 500

w.e.f. 19-December-2009, ACT-20/2009, The Finance (Miscellaneous Provisions) ( No.2) Act, Section 7 (d),

amended the Customs Act, by inserting, after section 97, the new section 97A.

501 w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 98, by deleting the words

―(whether shipped in parts beyond the seas or in Mauritius)” and replacing them by the words ―whether shipped in

parts beyond the seas or in Mauritius,‖ 502

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 98, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 503

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 99, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 504

w.e.f. 19-December-2009, ACT-20/2009, The Finance (Miscellaneous Provisions) ( No.2) Act, Section 7 (e) (i),

amended Section 100 (1) (a), by inserting after the words ―the seas‖ and ―the use of the aircraft or ship‖, the words

―or by the master of a fishing vessel bound for a fishing expedition on the high seas‖ and “or fishing vessel‖,

respectively 505

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 100, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 506

w.e.f. 19-December-2009, ACT-20/2009, The Finance (Miscellaneous Provisions) ( No.2) Act, Section 7 (e) (ii),

amended Section 100, by adding after subsection (2), the new subsection (3) 507

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (u), amended Section 100(3)(b) by deleting

the words ―3 times the value thereof‖ and replacing them by the words ―3 times the amount of duty, excise duty and

taxes thereof‖ 508

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 101, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 509

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 102 by deleting the words ―of this

Act” 510

w.e.f. 10-January-1991, ACT-28/1986, The Merchant Shipping Act 1986, Section 204 (3), amended Section 102,

by deleting the word ―Comptroller‖ and replacing it by the words ―Director of Shipping‖ 511

w.e.f. 19-December-2009, ACT-20/2009, The Finance (Miscellaneous Provisions) ( No.2) Act, Section 7 (f),

amended Section 102, by deleting the words ―Director of Shipping‖ whenever they appear and replacing them by

the word ―Director-General‖ 512

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 102, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 513

w.e.f. 13-July-2012,ACT 26/2012, Finance Act 2012, Section 5 (q), amended the Custom Act by repealing sections

103 which is

“Bond to be given

The master or agent of any aircraft or ship applying to be allowed to take stores out of any bonded warehouse or

Freeport zone, free of duty, excise duty and taxes shall give to the Director-General a bond with one sufficient surety

residing in Mauritius for 3 times the amount of duty, excise duty and taxes on those stores, the condition of which bond

being that those stores shall not be landed again in any part of Mauritius without the prior authorisation of the

Director-General.” 514

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 103, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 515

w.e.f. 15-12-2011, ACT-37/2011, Finance Act 2011, Section 4 (k), amended Section 103, by deleting the words

―and free of duty” and replacing them by the words ―or Freeport zone, free of duty‖. 516

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 103, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 517

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (q), amended the Customs Act, by repealing

section 104 which is

“104. Stores under seal

All stores taken on board any aircraft or ship free of duty, 517

excise duty and taxes shall be placed under seal by an

officer and shall remain under such seal until the aircraft or ship has departed from Mauritius on the outward

voyage.”

and replacing it by the new section 104 518

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (e) (i), amended Section.105 (1) (a), by deleting

the words ―is not more than Rs 700, be Rs 2,000‖ and replacing them by the words ―does not exceed 1,500 rupees,

be 4,000 rupees‖. 519

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (e) (ii), amended Section.105 (1) (b), by deleting

the words ―is more than Rs 700, be three times the value thereof or Rs 10,000‖ and replacing them by the words

―exceeds 1,500 rupees, be three times the value of the goods or 20,000 rupees‖. 520

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (v), amended Section 105(1)(b) by deleting

the words ―3 times the value of the goods‖ and replacing them by the words ―3 times the amount of duty, excise duty

and taxes underpaid on those goods‖ 521

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 105 (1) (b), by deleting the words

―whichever is the higher‖ and inserting after paragraph (b), the words ―whichever is the higher‖ 522

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (r), amended section 105(2) by deleting the

word ―secretly‖ and replacing it by the word ―unlawfully‖;

523 . w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (ii) (A), amended Section.105 (2) (a), by deleting

the words ―is not more than Rs 700, be Rs 2,000‖ and replacing them by the words ―does not exceed 1,500 rupees,

be 4,000 rupees‖. 524

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (ii) (B), amended Section.105 (2) (b), by deleting

the words ―is more than Rs 700, be three times the value thereof or Rs 10,000‖ and replacing them by the words

―exceeds 1,500 rupees, be three times the value of the goods or 20,000 rupees‖. 525

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (v), amended Section 105(2)(b) by deleting

the words ―3 times the value of the goods‖ and replacing them by the words ―3 times the amount of duty, excise duty

and taxes underpaid on those goods‖ 526

w.e.f. 24-December-2010, ACT-10/2010, Finance Act 2010, Section 4 (c), amended the Customs Act by inserting,

after section 105, the new section 105A 527

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (s)(i), amended section 105A, by repealing

subsection (4) which is

“(4) The master or agent of an eligible vessel shall, prior to the loading of the bunker fuel on the eligible vessel under

subsection (3), give to the Director-General a bond, with at least one surety residing in Mauritius, for 3 times the

amount of duty, excise duty and taxes on the bunker fuel, the condition of which bond being that such bunker fuel shall

not be unloaded in Mauritius waters without the prior written authorisation of the Director-General.”

and replacing it by the new section 104 528

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (s)(ii), amended section 105A, by repealing

subsection (6) which is

“(6) Where bunker fuel is unloaded in Mauritius waters without the prior written authorisation of the Director-

General, the Director-General shall realise the bond given under subsection (4) to cover the amount of duty, excise

duty and taxes in respect of the unloaded bunker fuel.” 529

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 106, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 530

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 106 (2) by deleting the word

―reexported” and replacing it by the word “re-exported‖ 531

w.e.f. 12-August-1995, ACT-17/1995, Finance Act 1995, Section 2, amended Section 106, by adding the

immediately after subsection (3) the new paragraph (4). 532

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (n), amended Section 108, by repealing it

which is

“108. When no Drawback Allowed.

When no goods upon which drawback is claimed or allowed are shipped or brought to any quay, wharf or other

place to be shipped for export and are, upon examination by the proper officer, found not to be of the description

borne on the bill of entry or other document for the allowance of drawback or shipment, all such goods and the

packages containing them with all other contents therein shall be liable to forfeiture and the person entering such

goods and claiming the drawback thereon every case commit an offence and shall, on conviction, be liable to a fine

which shall –

(a) when the value of such goods does not exceed 1,500 rupees, be 4,000 rupees;

(b) where the value of such goods exceeds 1,500 rupees, be 3 times the value of the goods or 20,000 rupees,

whichever is the higher

and replacing it by the new Section 108. 533

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (f) (i), amended Section 108 (a), by deleting the

words ―is not more than Rs 700, be Rs 2,000‖ and replacing them by the words ―does not exceed 1,500 rupees, be

4,000 rupees‖. 534

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (f) (ii), amended Section.108 (b), by deleting the

words ―is more than Rs 700, be three times the value thereof or Rs 10,000‖ and replacing them by the words

―exceeds 1,500 rupees, be three times the value of the goods or 20,000 rupees‖. 535

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (w), amended Section 108(b) by deleting the

words ―3 times the value of the goods‖ and replacing them by the words ―3 times the amount of duty, excise duty and

taxes claimed as drawback on those goods‖; 536

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 109, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 537

w.e.f. 26-August-2004, ACT28/2004, Finance ACT 2004, Section 5 (g), amended the Customs Act, by repealing

Part XII which is

―PART XII

GOODS FOR TRANSHIPMENT

110. Transhipment.

(1) On the entry inwards of any aircraft or ship the Comptroller on the application of the owner (or his agent) of any

imported goods which have been specially manifested at the time of import as being for transhipment, permit the

transshipment of such goods without payment of import or export duties and taxes, if any, leviable thereon.

(2) Such transshipment shall take place under the supervision of an officer at the expense of the applicant after the due

entries inwards outwards have been passed for the goods.

(3) Where goods as described under subsection (1) for any reason have to leave the customs area prior to their

transhipment , the Comptroller may require and take security to cover the duty, excise duty and taxes payable, if

any.

(4) Any person who, without the previous authorization of the Comptroller-

(a) Transships or attempts to transship any goods from an aircraft or ship to another aircraft or ship; or

(b) Attempts to take out of the Customs area any goods entered for transshipment,

Shall commit an offence, and the goods, the subject-matter of the offence, shall be liable to forfeiture.‖

and replacing it by the new Part XII. 538

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended PART XII by deleting the word ―trans-

shipment” wherever it appears and replacing it by the word “transhipment‖ 539

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 110, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 540

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 110, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 541

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 111, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 542

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (g), amended Section 111 (2), by deleting the

words ―Rs 1,000,000‖ and replacing them by the words ―2 million rupees‖. 543

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 114, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 544

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 114, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 545

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 115 by changing the case of the

word ―island” to “Island‖ 546

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 115, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 547

w.e.f. 07-September-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, Section 115, amended

subsection (2), by inserting, after the word ―duty‖, the words ―, excise duty‖. 548

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 116, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 549

w.e.f. 11-August-2000, ACT-25/2000, Finance Act 2000, Section 3 (c), amended the Customs Act, by inserting

immediately after PART XIII, the new PART XIIIA. 550

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 116A (1) by deleting the words

―the Island of Rodrigues or‖ 551

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (o) (i), amended Section 116 (A) (3), by

repealing paragraphs (a) and (b) which are

―(a) “export processing zone” has the same meaning as in the Industrial Expansion Act 1993

(b) “export service zone” has the same meaning as in the Export Service Zones Act”. 552

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 116A (3) by deleting the

paragraph (c) and by de-numbering the paragraph (d) 553

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 116A (3) by changing the

numbering style of the paragraphs from (i), (ii), (iii) and (iv) which are in roman letters to alphabetical form (a), (b),

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (o) (ii), amend Section 116 (A) (3) (d), by

repealing subparagraph (iii) which is

―(iii) removed from an export processing zone or an export service zone; or”. 555

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (n), amended

subsection 116C(3)(a), by deleting the words ―5,000 rupees‖ and replacing them by the words ―10,000 rupees‖. 556

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (n), amended

subsection 116C(3)(b), by deleting the words ―10,000 rupees‖ and replacing them by the words ―20,000 rupees‖.

557 w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (n)(ii), amended

subsection 116C(4), by inserting, after the word ―duty‖ wherever it appears, the words ―and excise duty‖. 558

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 116, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 559

w.e.f. 01-July-2006,ACT-33/2004, MRA Act2004, Section 3 (k), amended Section 117, by deleting the words ―The

Minister may, on the recommendation of the Comptroller, authorize‖ and replacing them by the words ―The

Director-General may, in writing, authorize”. 560

w.e.f. 01-March-2006, ACT-28/2004, Finance Act 2004, Section 5 (h) (i), amended Section 118 (2), by deleting

the words ―Rs25,000‖ and replacing them by the words ―250,000 rupees‖.

561 w.e.f. 01-March-2006, ACT-28/2004, Finance Act 2004, Section 5 (h) (ii) (a), amended Section 118 (3), by

deleting the words ―clearing and forwarding agents‖ and replacing them by the words ―freight forwarding agents‖. 562

w.e.f. 01-March-2006, ACT-28/2004, Finance Act 2004, Section 5 (h) (ii) (b) amended Section 118 (3), by

deleting the words ―Rs500,000‖ and replacing them by the words ―one million rupees‖. 563

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 118, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 564

w.e.f. 01-July-2006,ACT-33/2004, MRA Act2004, Section 3 (l) (i), amended Section 119, by deleting subsection

(1) which is

―(1) No person shall be authorized by the Minister to act as agent or broker unless, on the recommendation of the

Comptroller, the Minister is satisfied that such person has the necessary ability or, as the case may be, the

necessary equipment and storage facilities for the handling and safe custody of cargo to effectively transact his

business.‖

and replacing it by the new subsection (1). 565

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 119, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 566

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(h)(i),

amended the Customs Act, in section 119, by repealing subsections (1A) to (1D). 567

w.e.f. 01-March-2006, ACT-28/2004, Finance Act 2004, Section 5 (i) amended Section 119, by inserting

immediately after subsection (1) the new subsections (1A), (1B), (1C) and (1D). 568

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (p), amended Section 119, by repealing

subsection (1B) which is

―(1B) The Director-General may grant the application and authorize the employee referred to in the application to

act as customs agent where he is satisfied that such person has the necessary ability to effectively transact business

at Customs relating to the entry of any goods.”

and replacing it by the new subsection (1B). 569

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 119, amended subsection (2), by deleting the words

―or wharf‖ and replacing them by the words ―, wharf or airport‖. 570

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 119 (2) by deleting the words “of

this Act‖ 571

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (l) (ii), amended Section 119 (4), by deleting

the words ―The Minister may, on the recommendation of the Comptroller, and by order in writing‖ and replacing

them by the words ―The Director-General may, by notice in writing‖ 572

w.e.f. 22-August-2007, ACT-17/2007, Finance Act 2007, Section 9 (g) (ii), amended Section 119 (4), by deleting

the word ―revoke‖ and replacing it by the words ―suspend for such period as he may determine, or revoke‖ 573

w.e.f. 15-December2001, Revised laws of Mauritius of 2000 amended section 119 (4) by adding after the words

―broker‖ the word “where‖ 574

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 119 (4) by deleting the word

―where‖ wherever it appears in the paragraphs (a), (b), (c), (d) and (e) 575

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(h)(ii),

amended the Customs Act, in subsection 119(4), by inserting, after paragraph (b), new paragraph (ba). 576

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 119 (4) (d) by deleting the words

―licence of broker under the Licences Act‖ and replacing them by the words ―prescribed licence” 577

w.e.f. 01-July-2006,ACT-33/2004, MRA Act2004, Section 3 (l) (iii), amended Section 119 (5), by deleting the

words ―an order in writing made under subsection (3)‖ and replacing them by the words ―a notice in writing made

under subsection (4)‖ 578

w.e.f. 22-August-2007, ACT-17/2007, Finance Act 2007, Section 9 (g) (iii), amended Section 119, by inserting

immediately after subsection (5), the new subsection (5A). 579

w.e.f. 07-September-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, by inserting, after section

119, a new section 119A. 580

w.e.f. 01-March-2006, ACT-28/2004, Finance Act 2004, Section 5 (j) amended The Customs Act, by repealing

section 120, which is

“120 Appointment and Revocation of Clerk

(1) Any person authorised to act as agent or broker under this Part may, with the written approval of the Comptroller,

designate clerks to assist him in transacting his business.

(2) Any clerk so designate shall not assist any person other than the person appointed by him.

(3) Where any such clerk commits any fraud or misconduct the Comptroller may, by notice to such clerk and to the

agent or broker employing him, withdraw his approval of the designation of that clerk and the designation shall

thereupon cease to have effect.

(4) Importers, exporters and consignees shall register their clerks with the Comptroller.‖

and replacing it by the new Section 120. 581

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 120 in the heading, by changing

the case of the word ―customs‖ to ―Customs‖. RLM

582 w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 120, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 583

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 121 by de-numbering the

subsection (1) 584

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (h), amended Section 121, by deleting the words

―Rs 10,000‖ and replacing them by the words ―20,000 rupees‖. 585

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 122, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 586

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 123, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 587

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 123 (1) by deleting the words ―the

provisions of‖ 588

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 124, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 589

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 125, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 590

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(i)(i),

amended the Customs Act, in subsection 125(1), by inserting, after the words ―customs area‖, the words “, port

premises, airport or freeport zone,‖. 591

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (o)(i), amended

subsection 125(1), by inserting after the words ―including the power to‖ the words ―perform security checks, to‖.

592 w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (o)(ii), amended

subsection 116(3), by deleting the word ―passengers‖ and replacing them by the words ―persons‖.

593 w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (q), amended Section

125(3), by deleting the words “within the customs area” 594

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (x), amended Section 125 by adding the new

subsection (4) 595

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(i)(ii),

amended the Customs Act, in subsection 125(4), by deleting the words ―or the financing of terrorism‖ and

replacing them by the words ―, the financing of terrorism or any other criminal offence‖. 596

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (t), amended the customs Act, by inserting,

after section 125, the new section 125A 597

w.e.f 01-June-2016, Proclamation No.10 of 2016, The Finance (Miscellaneous Provisions) Act 2015, repealed

Section 125 A which is-

“125A. Power to waive penalty, interest or rent

(1) The Director-General may, in accordance with guidelines issued by the MRA Committee, waive the whole or

part of any penalty, interest or rent imposed under any customs law where failure to comply with the customs law

was attributable to a just or reasonable cause.

(2) There shall be a Committee, which shall be referred to as the MRA Committee and shall consist of –

(a) a representative of the Authority;

(b) a representative of the Ministry responsible for the subject of finance; and

(c) a representative of the Attorney-General’s Office.

(3) In the exercise of his power under subsection (1), the Director-General shall, in writing, record the reasons

for waiving the whole or part of the penalty or interest.”

and replacing it by a new section. 598

w.e.f. 07-September-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, by inserting after section

125A, a new section 125B. 599

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 126 by deleting the words ―the

present‖ and replacing them by the word ―this‖ 600

w.e.f. 19-July-2008, ACT-18/2008, Finance Act 2008, Section 6 (f), amended Section 126, by inserting after

Section 126 the new Sections 126A, 126B, 126C and 126D. 601

w.e.f. 01-July-2009, ACT-14/2009, The Finance (miscellaneous provisions) Act 2009, Section 8 (d), amended the

Customs Act, by repealing sections 126A, 126B, 126C, and 126D, which are

“126A. Permit or authorization requirements under any enactment suspended

Any permit or authorisation required under the customs laws or any other enactment for the import or export of

goods shall be suspended as from 1st August 2009 or on such date as may be prescribed.

126B. Permit review committee

(1) There is set up for the purposes of this section, a Committee to be known as the Permit Review Committee

which shall ascertain the need for an importer or exporter to obtain a permit for the import or export of goods.

(2) The Committee shall consist of –

(a) a representative of the Ministry responsible for the subject of commerce, who shall be the Chairperson;

(b) a representative of the Ministry responsible for the subject of finance;

(c) a representative of the Mauritius Chamber of Commerce and Industry;

(d) a representative of the Mauritius Export Association (MEXA);

(e) a representative of the Association of Mauritian Manufacturers;

(f) a representative of the Small and Medium Entrepreneurs Federation;

(g) a representative of the Association Mauricienne des Femmes Chefs D’Entreprises; and

(h) 2 other persons appointed by the Minister.

(3) The Committee shall meet as often as is necessary and at such time and place, and may use such means of

communication, as the Chairperson thinks fit.

(4) At any meeting of the Committee, 5 members shall constitute a quorum.

(5) The Committee may co-opt such other person as may be of assistance in relation to any matter before the

Committee.

(6) Any person co-opted under subsection (5) shall have no right to vote on any matter before the Committee.

(7) Subject to the other provisions of this section, the Committee shall regulate its meetings and proceedings in

such manner as it thinks fit.

126C. Submission to the Committee

(1) Any authority issuing a permit or authorisation under any enactment for the import or export of goods shall

submit to the Committee, not later than 31 December 2008 –

(a) a list of goods showing the HS Codes, if known to the authority, for which a permit or authorisation is needed

and the reasons thereof; and

(b) the proposed simplified process and procedures and the time limit for the application and issue of such permit

or authorisation.

(2) Any body or person, other than the authority referred to under subsection (1), may, not later than 31

December 2008, submit to the Committee his proposals relating to the simplified process and procedures referred

to in subsection (1) (b).

126D. Recommendations of the Committee

The Committee –

(a) shall, with the assistance of the Mauritius Revenue Authority, examine the submissions under section 126C;

(b) may hear the authority issuing the permit or authorisation or any other body or person; and

(c) shall, not later than 31 March 2009, submit to the Minister its recommendations for any change in the process

and procedures including any legislative changes.‖ 602

w.e.f. 27-June-2009, GN-63/2009, The Customs (Suspension of Permit or Authorisation) Regulations 2009,

Regulation 3, amended Section 126A, , by deleting the words ―July‖ and replacing it by the word ―August‖ 603

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 127 (1) by changing the case of

the word ―customs‖ to ―Customs‖ 604

w.e.f. 21-April-2005, ACT-14/2005, Finance Act 2005, Section 8 (a), amended Section 127, by inserting

immediately after subsection (1), the new subsection (1A). 605

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (i), amended Section 127, by inserting

immediately after Section 127, the new Section 127A. 606

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 127, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 607

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 127A(1), amended by deleting the words ―or

exporter‖ and replacing them by the words ―, exporter, agent or broker‖; 608

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 127A (1) by deleting at the start

of each paragraph the word “to‖ and inserting it after the words ―those goods‖ in paragraph (1) 609

w.e.f. 22-August-2007, ACT-17/2007, Finance Act 2007, Section 9 (h), amended Section 127A(1) (a), by deleting

the words ―to produce for-” and replacing them by the words ―to produce, at such time and place as may be

specified by the Director-General, for-‖ 610

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (y), amended Section 127A(1)(a)(i) by

inserting, after the word ―invoices‖, the words ―, documents in respect of financial transactions‖ 611

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 127A(1), amended paragraph (a)(i), by inserting, after

the word ―invoices,‖, the words ―bank statements,‖; 612

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 127A (1) (b) by deleting the

words ―to give‖ and replacing them by the word ―give‖ 613

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007 , amended section 127A (2) by deleting the word

―the provision of‖ 614

w.e.f. 21-July-2003, ACT-18/2003, Finance Act 2003, Section 5 (e), amended Section 127A(2), by deleting the

words ―20,000 rupees‖ and replacing it by the words ―200,000 rupees‖ 615

w.e.f. 30-July-2009, ACT-14/2009, The Finance (miscellaneous provisions) Act 2009, Section 8 (e), amended the

Customs Act, by inserting after section 127A, the new section 127B 616

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 128, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖

617 w.e.f. 15-December2001, Revised laws of Mauritius 2000, amended section 131 (1) by deleting the words ―on

board any aircraft or ship or‖ 618

w.e.f. 15-December2001, Revised laws of Mauritius 2000, amended section 131 (1) by inserting after the words

―got out of‖ the words ―, or is about to embark on,‖ 619

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 131, amended subsection (2) by adding the words

―and make a scanned copy thereof, which shall be saved in the Customs Management System operated by the Customs

Department of the Authority‖ 620

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (q), amended the Customs Act, by inserting

immediately after Section 131 the new Section 131A. 621

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 131, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 622

w.e.f. 30-July-2009, ACT-14/2009, The Finance (miscellaneous provisions) Act 2009, Section 8 (f) (i), amended

section 131A, by repealing subsection (1) which is

“(1) The Director-General may, on reasonable suspicion, require any person making a physical cross-border

transportation to make a written truthful disclosure in a form approved by the Director-General, of the amount of

currency or bearer negotiable instruments in his possession, their origin and intended use.”

and replacing it by the new subsection (1) 623

w.e.f. 29-May-2019, ACT-9/2019, The Anti-Money Laundering and Combatting the Financing of Terrorism and

Proliferation (Miscellaneous Provisions) Act 2019, Section 9(a), amended section 131A, in subsection (1), by inserting,

after the words “currency or bearer negotiable instruments”, wherever they appear, the words “or precious stones and

metals including gold, diamond and jewellery or any goods of high value including work of arts”; 624

w.e.f. 30-July-2009, ACT-14/2009, The Finance (miscellaneous provisions) Act 2009, Section 8 (f) (ii), amended

section 131A, by inserting, after subsection (1), the new subsections (1A) and (1B). 625

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (z)(i), amended Section 131A by repealing

subsection(1A) which is

“(1A) Where the proper officer reasonably suspects that the amount of currency or bearer negotiable instruments in

the possession of a person making a physical cross-border transportation –

(a) is more than 500,000 rupees or such other amount as may be prescribed or its equivalent in foreign currency

and that person has not made a declaration under subsection (1); or

(b) may involve money laundering or financing of terrorism,

he shall require the person to make a declaration to the proper officer, in such manner as may be prescribed, of the

amount of the currency or bearer negotiable instruments in his possession, their origin and intended use.‖

and replacing it by the new subsection (1A) 626

w.e.f. 29-May-2019, ACT-9/2019, The Anti-Money Laundering and Combatting the Financing of Terrorism and

Proliferation (Miscellaneous Provisions) Act 2019, Section 9(b), amended section 131A, in subsection (1A)(b), by

inserting, after the words “currency or bearer negotiable instruments”, wherever they appear, the words “or precious

stones and metals including gold, diamond and jewellery or any goods of high value including work of arts”; 627

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (p)(i), amended

subsection 131A(1A)(b)(ii), by deleting the words ―or financing of terrorism‖ and replacing them by the words ―, the

financing of terrorism or any other criminal offence‖. 628

w.e.f. 30-July-2009, ACT-14/2009, The Finance (miscellaneous provisions) Act 2009, Section 8 (f) (iii), amended

section 131A (2), by deleting the words ―a disclosure under subsection (1)‖ and replacing them by the words ―a

declaration under subsection (1) or (1A)”. 629

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (z)(ii), amended Section 131A(2) by

inserting, after the words―(1A)‖, the words ―or refuses to make a declaration when required to do so under subsection

(1A)(b)‖ 630

w.e.f. 19-December-2009, ACT-20/2009, The Finance (Miscellaneous Provisions) ( No.2) Act, Section 7 (g) (i),

amended Section 131A (2) by deleting the word ―disclosure‖ and replacing it by the word ―declaration‖ 631

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 131A (2) by changing the font

style of the word ―laissez-passer‖ from normal to italics 632

w.e.f. 30-July-2009, ACT-14/2009, The Finance (miscellaneous provisions) Act 2009, Section 8 (f) (iv), amended

section 131A (3), by deleting the words ―an officer‖ and ―the disclosure made by a person under subsection (1)‖

and replacing them by the words ―a proper officer” and “the declaration made by a person under subsection (1) or

(1A)” respectively. 633

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (z)(iii), amended Section 131A by repealing

subsection (3) which is

―(3) Where a proper officer has reasonable cause to believe that the declaration made by a person under

subsection (1) or (1A) is false or misleading in any material particular, the officer may detain and search the person in

accordance with section 132.”

and replacing it by the new subsection (3) 634

w.e.f. 30-July-2009, ACT-14/2009, The Finance (miscellaneous provisions) Act 2009, Section 8 (f) (v), amended

section 131A, by repealing subsection (4) which is

―(4) Where an officer reasonably suspects that the amount of currency or bearer negotiable instruments disclosed

under subsection (1) and detected, if any, pursuant to subsection (3), may involve the laundering of money or the

financing of terrorism, he shall forthwith refer the matter to the Police.‖

and replacing it by the new subsection (4) 635 635

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (p)(ii), amended

section 131A , by repealing subsection (4) which reads as follows:

(4) Where a proper officer reasonably suspects that the amount of currency or bearer negotiable

instruments declared under subsection (1) or (1A) and detected, if any, pursuant to subsection (3),

may involve money laundering, the financing of terrorism or any other criminal offence, he shall

forthwith –

(a) refer the matter to the Police and, at the same time, where required, pass on the

relevant information to the FIU;

(b) in the case of an outgoing passenger –

(i) detain the amount of currency or bearer negotiable instruments in his

possession; and

(ii) remit the amount of currency or bearer negotiable instruments detained to the

Police. 635

and replacing it by new subsection (4). 636

w.e.f. 29-May-2019, ACT-9/2019, The Anti-Money Laundering and Combatting the Financing of Terrorism and

Proliferation (Miscellaneous Provisions) Act 2019, Section 9(c), amended section 131A, by repealing subsection (4)

which read as follows –

“(4) Where a proper officer reasonably suspects that the amount of currency or bearer negotiable

instruments declared under subsection (1) or (1A) and detected, if any, pursuant to subsection (3), may

involve –

(a) money laundering, he shall –

(i) forthwith pass on the information to the FIU, the police and the Independent Commission against

Corruption established under the Prevention of Corruption Act;

(ii) detain, in an escrow account or in such other manner as the Director-General may determine,

the amount of the currency or bearer negotiable instruments found in the possession of the person for

a period not exceeding 6 months to allow further investigation to be carried out by the Director-

General;

(iii) in exceptional circumstances, apply for extension of time to the Judge in Chambers; and

(iv) at the end of the investigation, remit any –

(A) evidence gathered as a result of the investigation; and

(B) amount detained by him under subparagraph (ii),

to the Independent Commission against Corruption for such further investigation or action as may be

necessary;

(b) the financing of terrorism or any other criminal offence, he shall forthwith –

(i) detain the amount of the currency or bearer negotiable instruments found in the possession of the

person;

(ii) refer the matter, and at the same time remit, to the police or such other relevant investigatory

body, any amount of currency or bearer negotiable instruments detained under subparagraph (i);

and

(iii) where required, pass on the relevant information to the FIU.”

and replacing it with new subsection 4. 637

w.e.f. 29-May-2019, ACT-9/2019, The Anti-Money Laundering and Combatting the Financing of Terrorism and

Proliferation (Miscellaneous Provisions) Act 2019, Section 9(d), amended section 131A, by inserting, after subsection

(4), new subsection (4A); 638

w.e.f. 19-December-2009, ACT-20/2009, The Finance (Miscellaneous Provisions) ( No.2) Act, Section 7 (g) (ii)

(A), amended Section 131A ((5), by relettering the existing paragraphs (a), (b) and (c) as paragraphs (b), (c) and

(d), respectively 639

w.e.f. 19-December-2009, ACT-20/2009, The Finance (Miscellaneous Provisions) ( No.2) Act, Section 7 (g) (I)

(B), amended Section 131A (5), by inserting, before paragraph (b) as relettered, the new paragraph (a) 640

w.e.f. 30-July-2009, ACT-14/2009, The Finance (miscellaneous provisions) Act 2009, Section 8 (f) (vi), amended

section 131A (5) (a) and (5) (b), by deleting the words ―a disclosure under subsection (1)‖ and replacing them by

the words ―a declaration under subsection (1) or (1A)”. 641

w.e.f. 21-December-2013, ACT-26/2013, Finance Act 2013, Section 4 (u), amended section 131A(5)(b), by deleting

the words ―(1) or‖

642 w.e.f. 29-May-2019, ACT-9/2019, The Anti-Money Laundering and Combatting the Financing of Terrorism and

Proliferation (Miscellaneous Provisions) Act 2019, Section 9(e), amended section 131A, in subsection (5), by deleting

the words “not exceeding 1,000,000 rupees” and replacing them by the words “of not less than 20 per cent of the

whole amount which is the subject matter of the offence but not exceeding 2 million rupees”; 643

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (r)(ii), amended

Section 131A(5), by deleting the figures “500,000” and “3” and replacing them by the figures “1,000,000” and

“5”, respectively; 644

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (p)(iii), amended

section 131A, by inserting new subsection (5A). 645

w.e.f. 29-May-2019, ACT-9/2019, The Anti-Money Laundering and Combatting the Financing of Terrorism and

Proliferation (Miscellaneous Provisions) Act 2019, Section 9(f), amended section 131A, in subsection (5A), by

deleting the words “retain such amount not exceeding the maximum pecuniary penalty imposable under the customs

laws for such offence” and replacing them by the words “detain the amount of the currency or bearer negotiable

instruments or precious stones and metals including gold, diamond and jewellery or any goods of high value including

work of arts found in the possession of the person”; 646

w.e.f. 29-May-2019, ACT-9/2019, The Anti-Money Laundering and Combatting the Financing of Terrorism and

Proliferation (Miscellaneous Provisions) Act 2019, Section 9(g), amended section 131A, by inserting, after subsection

(5A), new subsection (5B); 647

w.e.f. 29-May-2019, ACT-9/2019, The Anti-Money Laundering and Combatting the Financing of Terrorism and

Proliferation (Miscellaneous Provisions) Act 2019, Section 9(h), amended section 131A, in subsection (6), by

inserting, in the appropriate alphabetical order, the following new definition –

“Counterterrorism Unit” has the same meaning as in the Prevention of Terrorism Act; 648

w.e.f. 30-July-2009, ACT-14/2009, The Finance (miscellaneous provisions) Act 2009, Section 8 (f) (vii),

amended section 131A (6), by inserting, in the appropriate alphabetical order, the definition of ―financing of

terrorism‖, ―FIU‖ and ―money laundering‖ 649

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (z)(iv)(B), amended Section 131A(6) by

inserting, in the appropriate alphabetical order, the new definitions of ―financing of terrorism‖ 650

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (z)(iv)(B), amended Section 131A(6) by

inserting, in the appropriate alphabetical order, the new definitions of ―money laundering‖ 651

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (z)(iv)(B), amended Section 131A(6) by

inserting, in the appropriate alphabetical order, the new definitions of ―person” 652

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (r)(iii), amended Section 131A in subsection (6), by deleting the definition of “person” which reads as follows “person” includes

any person in transit in Mauritius” and replacing it by the following definition –

“person” means any passenger in transit in Mauritius, any incoming passenger or any outgoing passenger

holding a valid embarkation card; 653

w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (p)(iv), amended

subsection 131A(5), in the definition of ―person‖, by deleting the word ―means‖ and replacing them by the word

―includes‖ 654

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (z)(iv)(A), amended Section 131A(6) in the

definition of ―physical cross-border transportation‖, in paragraph (a), by inserting, after the word ―out-bound‖,

the words ―or in transit‖; 655

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(j)(i),

amended the Customs Act, in section 131A(6), in the definition of ―physical cross-border transportation‖, in

paragraphs (a) and (b)(iii), by inserting, after the word ―instruments‖, the words ―or precious stones and metals

including gold, diamond and jewellery or any goods of high value including work of arts‖. 656

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(j)(ii),

amended the Customs Act, in section 131A(6), in the definition of ―physical cross-border transportation‖, in

paragraph (b)(ii), by inserting after the word ―currency‖, the words ―or precious stones and metals including gold,

diamond and jewellery or any goods of high value including work of arts‖. 657

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (r)(iii), amended Section 132 by inserting, after subsection (1), the subsection (1A)

658 w.e.f. 09-08-2018, ACT-11/2018, The Finance (Miscellaneous Provisions) Act 2018, Section 18 (q), amended

subsection 132(1A), by deleting the words ―an outgoing passenger‖ and replacing them by the words ―any person‖ 659

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(k), amended

the Customs Act, in section 132, by adding new subsection (3). 660

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(l), amended

the Customs Act, in section 133(1), by inserting, after the words ―customs area‖, the words “, port premises,

airport or freeport zone,‖. 661

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 135, by deleting the

word ―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 662

w.e.f. 11-August-2000, ACT-25/2000, Finance Act 2000, Section 3 (d), amended Section 135, by deleting the

word ―Schedule” and replacing it by the words ―Second Schedule‖.

663 w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 135 by deleting the words ―to this

Act‖. 664

w.e.f. 26-August-2004, ACT-28/2004, Finance Act 2004, Section 5 (k), amended Section 135, by adding after

subsection (2) the new subsections (3) and (4). 665

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (za), amended Section 135(4)(a) by deleting

the word ―duty-paid value of the goods‖ and replacing them by the words ―duty, excise duty and taxes underpaid on the

goods‖; 666

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (zb)(i), amended Section 137(1) by deleting

the word ―or‖ at the end of paragraph (d); 667

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (zb)(ii), amended Section 137(1) by

inserting, after paragraph (d), the new paragraph (da) 668

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 138 by creating the new

subsections (1) and (2) 669

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 138, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖. 670

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 139, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖. 671

w.e.f. 26-August-2004, ACT-28/2004, Finance Act 2004, Section 5 (l), amended Section 139, by inserting after the

words ―the Comptroller may‖ the words ―detain or‖. 672

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 140, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖. 673

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 141, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖. 674

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 143, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖. 675

w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(m), amended

the Customs Act, in section 143, by repealing subsection (3) -

(3) Where any goods so seized are of a perishable nature or are living animals, they may forthwith be

sold by the Director-General in accordance with section 144 of this Act and the proceeds of the sale

shall be retained by the Director-General and be subject to the same conditions as other seized

goods.

and replacing it by new subsection (3). 676

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 144, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖. 677

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 144 by changing the case of the

word ―court‖ to ―Court‖ 678

w.e.f. 30-July-2009, ACT-14/2009, The Finance (miscellaneous provisions) Act 2009, Section 8 (g), amended

section 144 (2), by deleting the words ―for the public service‖ and replacing them by the words ―for benevolent and

charitable institutions affiliated with the Mauritius Council of Social Services or receiving a subsidy from

Government, foreign Governments, Ministries and Departments or for other public service.‖ 679

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 144, amended subsection (2), by deleting the words

―benevolent and charitable institutions affiliated with the Mauritius Council of Social Services or receiving a

subsidy from Government, foreign Governments, Ministries and Departments or for other public service‖ and

replacing them by the words ―a Ministry, a Government department, a local authority, a statutory body, the

Rodrigues Regional Assembly or a charitable institution‖. 680

w.e.f. 29-September 2015, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, Section 144, amended

subsection (2), by inserting, after the word ―Assembly‖, the words ―, a foreign government‖. 681

w.e.f. 14-May-2015, ACT-9/2015, Finance Act 2015, Section 144, amended by adding the following new

subsection -

(3) In this section -

―charitable institution‖ has the same meaning as in the Income Tax Act. 682

w.e.f. 15-July-1989, ACT-22/1989, Finance Act 1989, Section 9 (3) (a), amended Section 146 (1), by deletion the

words ―after hearing the Comptroller‖ and replacing them by the words ―unless the Comptroller objects to a

delivery‖. 683

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 146, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖. 684

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 146 (1) by deleting the word

―two‖ and replacing it by the word ―2‖ 685

w.e.f. 15-July-1989, ACT-22/1989, Finance Act 1989, Section 9 (3) (b), amended Section 146 (1), by adding the

immediately after the word ―sureties‖ the words ―approved by the Comptroller‖. 686

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 147, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 687

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (j), amended Section 148, by deleting it which is

―148 Proceedings How Instituted

Proceedings for the recovery of penalties imposed under this Act or for the forfeiture of goods under this Act shall

be instituted in the name of the Comptroller and shall be commenced within a period of three years from the date of

commission of the offence by reason of which the penalty or forfeiture has been incurred ―

and replacing it by the new Section 148. 688

w.e.f. 07-September-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, amended section 148 by

repealing section 148 which is

“148. Proceedings how instituted

(1) Subject to subsection (2) proceedings for the recovery of duty, excise duty, taxes and penalties imposed under

this Act or for the forfeiture of goods under this Act shall be instituted in the name of the 688

Director-General

and shall be commenced within a period of 5 years from the date of commission of the offence by reason of

which the duty, excise duty and taxes have not been paid or the penalty has been incurred or the forfeiture

made.

(2) Proceedings for any offence under section 156 or 158 may be instituted at any time.”

and replacing it by a new section 148. 689

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 149 (1) by changing the case of

the word ―court‖ to ―Court‖ 690

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (m), amended the Customs Act, by repealing

Sub-Part III of Part XV which is

“Sub-Part III- Protection to Officers

150. Reasonable Cause for Seizure – a Bar to Action.

Notwithstanding the Public Officers Protection Act, where any action has been entered before a court on account of

the seizure of any goods, aircraft or ship, pursuant to any act done by any officer in the execution of his duty under

any customs laws and it appears to the court that there was probable, cause for such seizure or act, the court shall

so declare and thereafter the person who effected the seizure or performed the act shall be immune from all

proceedings, whether civil or criminal, on account of such seizure or act.‖ 691

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 151 by deleting the word ―all‖

wherever it appears 692

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 151, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 693

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 151 (1) (h) by deleting the word

―1986‖. 694

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 151 (1) (r) by deleting the word

―the‖ at the start of the paragraph 695

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 151 (2) by deleting the word ―All‖

and replacing it by the word ―Any‖ 696

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 154 (1) by adding after the words

―the owner of‖ the word ―any aircraft or ship‖ 697

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 154 (1) by deleting the words ―any

aircraft or ship‖ wherever they appears on the paragraphs (a), (b),(c), (d), (e), (f), (g) and (h) 698

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 154, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 699

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (k), amended Section 154 (1), by deleting the

words ―Rs 1,000,000‖ and replacing them by the words ―2 million rupees‖. 700

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 154 (1) by changing the case of

the word ―court‖ to ―Court‖ 701

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended section 154 (2) by reclassifying the 2

paragraphs in alphabetical order 702

w.e.f. 30-July-2009, ACT-14/2009, The Finance (miscellaneous provisions) Act 2009, Section 8 (h), amended

section 155 (b), by deleting the words ―obtaining any reward‖ and replacing them by the words ―the police officer

obtaining any reward‖ 703

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (b), amended Section 156, by deleting the word

―levy‖ wherever it appears and replacing it by the words ―excise duty‖. 704

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 156, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 705

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (l), amended Section 156 (2), by deleting it which

―(2) Any person who commits an offence under subsection (1) shall on conviction, be liable to a fine which shall-

(i) where the value of the goods is not more than Rs 700, be Rs 2,000.

(ii) where the value of the goods is more than Rs 700, be treble the value thereof or Rs 20,000, whichever is the

higher,

and the goods, the subject-matter of the offence, shall be liable to forfeiture‖

and replacing it by the new subsection (2).

706 w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (zc), amended Section 156(2)(a)(ii) by

deleting the words ―3 times the value of the goods‖ and replacing them by the words ―3 times the amount of duty,

excise duty and taxes on those goods‖ 707

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 156 (2) (b) by deleting the word

―to‖ 708

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 156 (2) (b) by merging the two

paragraphs 709

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (t), by inserting, after section 156, the new section 156A

710 w.e.f. 25-July-2019, Act No. 13 of 2019, the Finance (Miscellaneous Provisions) Act 2019, Section 13(n), amended

the Customs Act, in section 157(a), by inserting, after word ―ship‖, the words ―or remotely piloted surveillance

aircraft‖. 711

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (m), amended Section 158, by inserting

immediately after paragraph (a) the new paragraph (b), the existing paragraphs (b) and (c) being relettered (c) and

(d) accordingly- 712

w.e.f. 21-July-2003, ACT-18/2003, Finance Act 2003, Section 5 (f) (i) (A), amended Section 158 (1) (c), by

deleting the word ―or‖ appearing at the end. 713

w.e.f. 01-10-2006, ACT-15/2006, Finance Act 2006, Section 8 (r) (i) (A), amended Section 158 (1), by repealing

paragraph (c) which is

“158 (1) (c) obtains or attempts to obtain any drawback which is not payable; or” 714

w.e.f. 21-July-2003, ACT-18/2003, Finance Act 2003, Section 5 (f) (i) (B), amended Section 158 (1), by deleting

paragraph (d) which is

―(d) smuggle out of Mauritius any goods or exports any prohibited or restricted goods,‖

and replacing it by the new paragraphs (d) and (e). 715

w.e.f. 01-10-2006, ACT-15/2006, Finance Act 2006, Section 8 (r) (i) (B) amended Section 158 (1) (e), by deleting

the words ―or duty free shop” and replacing them by the words “duty free shop under the Deferred Duty and Tax

Scheme referred to in Section 22‖ 716

w.e.f. 19-December-2009, ACT-20/2009, The Finance (Miscellaneous Provisions) ( No.2) Act, Section 7 (h),

amended Section 158 (1) (e), by inserting after the words ―referred to in section 22‖ the words ―or Customs-

Approved Storeroom referred to in section 97A‖. 717

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 158, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 718

w.e.f. 26-August-2004, ACT-28/2004, Finance Act 2004, Section 5 (m), amended Section 158 (3), by inserting

immediately after paragraph (e) , the new paragraph (f), the comma at the end of paragraph (e) being deleted and

replaced by the words ―; or‖ 719

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (r) (ii), amended Section 158 (3) (f), by

inserting immediately after the words ―on any premises‖ the words ―container or bonded vehicle‖ 720

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (e), amended Section 158, by deleting the words

―or statement‖ and replacing them by words ―statement or a statement contained in a document produced by a

computer in accordance with Section 16A and subject to Section 158A‖. 721

w.e.f. 21-July-2003, ACT-18/2003, Finance Act 2003, Section 5 (ii), amended Section 158, by adding immediately

after subsection (4), the new subsection (5). 722

w.e.f. 27-July-1994, ACT-25/1994, Finance Act 1994, Section 2 (f), amended the Customs Act, by inserting

immediately after Section 158, the new Section 158A. 723

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1994, Section 6 (n), amended Section 158A(3), by deleting the

words ―10,000‖ and replacing them by the words ―20,000 rupees‖. 724

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (o) (i) (A), amended Section 160 (1) (a), by

deleting the words ―is not more than Rs 700, be Rs 2,000‖ and replacing them by the words ―does not exceed

Rs1,500, be 4,000 rupees‖. 725

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (o) (i) (B), amended Section 160 (1) (b), by

deleting the words ―is more than Rs 700, be three times the value thereof or Rs 10,000‖ and replacing them by the

words ―exceeds Rs 1,500, be 3 times the value of the goods or 20,000 rupees‖ 726

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (zd), amended Section 160(1)(b) by deleting

the words ―3 times the value of the goods‖ and replacing them by the words ―3 times the amount of duty, excise duty

and taxes underpaid on those goods‖ 727

w.e.f. 21-April-2005, ACT-14/2005, Finance Act 2005, Section 8 (b), amended Section 160 (2), by deleting the

words ―which shall not exceed 100,000 rupees‖ and replacing them by the words ―not exceeding 200,000 rupees

and to imprisonment for a term not exceeding 5 years‖ 728

w.e.f. 21-July-1998,. ACT-10/1998, Finance Act 1998, Section 6 (o) (ii), amended Section 160 (2), by deleting the

words ―Rs50,000‖ and replacing them by the words ―100,000‖ 729

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (n), amended Section 161, by adding the new

subsection (2), the existing provision being numbered (1) accordingly.

730 w.e.f. 21-July-2003, ACT 17/2003, The Unified Revenue (Amendment) Act 2003, amended Section 161 in the

new subsection (1) by inserting immediately after the words ―a Magistrate shall‖, the words ―subject to subsection

(2)‖. 731

w.e.f. 01-July-2006, ACT-15/2006, Finance Act 2006, Section 8 (s), amended Section 161 (2), by deleting the

words ―the enactments‖ and replacing them by the words ―this Act‖. 732

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended the heading of PART XVII by deleting

the word ―THE‖ 733

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 162, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 734

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 162 in the heading by deleting the

words ―by Director-General‖ 735

w.e.f. 21-July-1998. ACT-10/1998, Finance Act 1998, Section 6 (p), amended Section 162, by deleting the words

―Unified Revenue Board‖ and replacing them by the words ―Revenue Authority established under the Unified

Revenue Act 1983‖ 736

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (o), amended Section 162 (1), by deleting it

which is

―(1) The Comptroller may compound any offence or act committed by any person against the customs laws where

such person agrees in writing to pay such amount acceptable to the Comptroller, with the concurrence of the

Unified Revenue Board, not exceeding the maximum pecuniary penalty imposable under such customs laws for

such offence or act‖

and replacing it by the new subsection 1 737

w.e.f. 01-January-2013,ACT 26/2012, Finance Act 2012, Section 5 (ze), amended Section 162 by repealing

subsection (1) which is

―(1) (a) The Director-General may compound any offence committed by any person against the customs laws

where such person agrees in writing to pay such amount acceptable to the Director-General, not exceeding the

maximum pecuniary penalty imposable under such customs laws for such offence.

(b) For the purposes of paragraph (a), the Director-General shall chair a committee which shall consist of 3

other officers of the management team of the Authority.”

and replacing it by the new subsection (1)

738 w.e.f. 01-November-2016, ACT- 18/2016, Finance (Miscellaneous Provisions) Act 2016, Section 162, by

repealing section 162 ―162. Compounding of cases”

“ (1) (a) The Director-General may, with the consent of the Director of Public Prosecutions, compound any offence which is

committed by any person against the customs laws and is prescribed as a compoundable offence, where the person agrees in

writing to pay such compounding amount representing –

(i) any duty, excise duty and taxes unpaid on the goods which are the subject matter of the offence; and

(ii) such amount as may be prescribed which shall not exceed the maximum pecuniary penalty imposable under the customs

laws for the offence.

(b) Where the Director of Public Prosecutions refuses to compound a compoundable offence or a person does not agree to

compound a compoundable offence, the Director-General may -

(i) with the consent of the Director of Public Prosecutions, proceed in accordance with section 24A; or

(ii) refer the case to the Police for legal proceedings.

(2) Any vessel, means of conveyance, goods or other articles liable to forfeiture under the customs laws under which the

offence or act so compounded has been committed may be seized by the Director-General.

(3) Every agreement to compound shall be in writing and signed by the Director-General and such person as described under

subsection (1), and witnessed by an officer, and a copy shall be delivered to such person.

(4) Every agreement to compound shall be final and conclusive.

(5) Where the amount agreed upon under this section or any part of such amount is not paid in accordance with the

compounding agreement, the Director-General shall send a certified copy of such compounding agreement to the District

Court of Port Louis which shall thereupon proceed to enforce such agreement in the same manner as if it had imposed

such agreed amount by way of fine.

(6) Repealed by Finance Act 2015

(7) On payment of the agreed amount in accordance with the compounding agreement, no further proceedings in regard to

such particular offence or act shall be taken against the person who has so agreed to the compounding.” and replacing

it by a new section 162. 739

w.e.f. 15-October-2001,ACT 17/2001, The Freeport Act, Section 40, amended Section 162 (8), by deleting the

words ―Industrial Expansion Act 1993 and the Export Service Zones Act‖ and replacing them by the words

―Industrial Expansion Act 1993 and the Export Service Zones Act and the Freeport Act 2001” 740

w.e.f. 13-July-1991,ACT-33/1991, The Pioneer Status Enterprise Act 1991, Section 16, amended Section 162 (8),

by deleting the words ―and the Export Services zones Act‖ and replacing them by the words ―the Export Services

Act and the Pioneer Status Enterprise Act 1991‖ 741

w.e.f. 13-February-1993, ACT-35/1992, The Health Development Certificate Act 1992, Section 21, amended

Section 162 (8), by adding immediately after the words ―by any person against‖ the words ―The Health

Development Certificate Act 1992”.

742 w.e.f. 11-August-2000, ACT-25/2000, Finance Act 2000, Section 3 (e), amended Section 162, by deleting the

words ―Export Processing Zones Act, the Export Services Zones Act and the Pioneer Status Enterprise Act 1991”

and replacing them by the words ―Industrial Expansion Act 1993 and the Export Service Zones Act‖. 743

w.e.f. 11-August-2001, ACT-23/2001, Finance Act 2001, Section 4 (f), amended Section 162 (8), by deleting the

words ―and the Export Service Zones Act” and replacing them by the words ―the Export Service Zones Act and the

Export to the United States of America (AGOA) Regulations 2000‖. 744

w.e.f. 01-10-2006, ACT-15/2006, Finance Act 2006, Section 8 (t), amended the Customs Act by repealing

subsection162 (8), which is

―(8) The authority of the Director-General to compound as described under this Section shall extend to

compounding of any offence or act committed by any person against the Industrial Expansion Act 199, the Export

Service Zones Act and the Export to the United States of America (AGOA) Regulations 2000”. 745

w.e.f. 01-July-1991, ACT-17/1991, Finance Act 1991, Section 6 (2), amended Section 163, by deleting subsection

(1)

―(1) The Minister may make such regulations as he thinks fit for the purposes of this Act and generally for the

better carrying out of the objects and purposes of this Act‖

and replacing it by the new subsection (1). 746

w.e.f. 11-August-2000, ACT-25/2000, Finance Act 2000, Section 3 (f), amended Section 163, by deleting the

subsection (1) which is

―(1) The Minister may make such regulations as he thinks fit for-

(a) the purpose of this Act and generally for the better carrying out of the objects and purposes of this Act;

(b) the proper implementation of any international Convention, Treaty or Agreement to which Mauritius is a

contracting party. ―

and replacing it by the new subsection (1). 747

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 163 (1) (a) (ii) by changing the

case of the words ―International Convention, Treaty or Agreement‖ to ―international convention, treaty or

agreement‖ 748

w.e.f. 21-July-1998, ACT-10/1998, Finance Act 1998, Section 6 (q), amended Section 163, by deleting the words

―Rs 100,000‖ and replacing them by the words ―200,000 rupees‖ 749

w.e.f. 21-April-2005, ACT-14/2005, Finance Act 2005, Section 8 (c) (i), amended Section 163 (2), by inserting

immediately after the words ―a fine not exceeding 200,000 rupees‖, the words ―and to imprisonment for a term not

exceeding 5 years”. 750

w.e.f. 21-April-2005, ACT-14/2005, Finance Act 2005, Section 8 (c) (ii), amended Section 163, by adding after

subsection (3) the subsection (4). 751

w.e.f. 03-November-2008, Revised laws of Mauritius of 2007, amended section 163 (4) by deleting the word

―therewith‖ and replacing it by the word ―herewith‖ 752

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (u), amended Section 163, by adding

immediately after subsection (4) the subsection (5). 753

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (p), amended the Customs Act, by repealing

Section 164 which is

“164. General Directions.

The Minister may give to the Comptroller any general directions which are not inconsistent with the provisions of

customs laws.‖ 754

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (q) (ii), amended Section 166, by deleting the

word ―Minister‖ wherever it appears and replacing it by the word ―Director-General‖ 755

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (q) (i), amended Section 166 (1), by inserting

immediately after the words ―any person‖ the words ―other than the Director-General, an officer or any other

employee of the Authority‖ 756

w.e.f. 30-July-2009, ACT-14/2009, The Finance (miscellaneous provisions) Act 2009, Section 8 (i), amended the

Customs Act by repealing section 166 which is

“166. Rewards

(1) The Director-General may, on the seizure of any goods or on the recovery of any penalties under any customs

law, direct that a reward shall be given or paid to any person, other than the Director-General, an officer or any

other employee of the Authority, through whose information or means the seizure of such goods had been made or

the penalty recovered, and whom he deems to be entitled to a reward.

(2) No reward shall be given or paid under subsection (l) unless the Director-General is satisfied that there has

been no collusive activity planned to secure the reward.‖ 757

w.e.f. 07-August-2006, ACT-15/2006, Finance Act 2006, Section 8 (v), amended the Customs Act by adding

immediately after Section 167 the new Section 168. 758

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (s), amended Section 168, by deleting the word

―Comptroller‖ wherever it appears and replacing it by the word ―Director-General‖ 759

w.e.f. 11-August-2000, ACT-25/2000, Finance Act 2000, Section 3 (h), amended the Customs Act by inserting

immediately before the Second Schedule as amended, the First Schedule to this Act.

760 w.e.f. 29-December-2000, G/N 200/2000, regulation 3, amended the First Schedule by adding the new items 94.01

and 94.03 761

w.e.f. 11-August-2000, ACT-25/2000, Finance Act 2000, Section 3 (g), amended in the Schedule by deleting the

word ―SCHEDULE” and replacing it by the words ―SECOND SCHEDULE‖. 762

w.e.f. 15-December2001, Revised laws of Mauritius of 2000, amended the second schedule by deleting the word

―1988‖ 763

w.e.f. 01-July-2006, ACT-33/2004, MRA Act 2004, Section 27 (3) (r), amended Second Schedule, by deleting the

word ―Comptroller of Customs‖ and replacing it by the word ―Director-General‖ 764

w.e.f. 15-12-2011, ACT-37/2011, Finance Act 2011, Section 4 (l), amended the Customs Act by adding the ―Third

Schedule‖. 765

w.e.f. 22-December-2012, ACT 26/2012, Finance Act 2012, Section 5 (zf), amended The Customs Act in the Third

Schedule, in the heading, by deleting the words ―IMPORTS FOR HOME CONSUMPTION‖ and replacing them by the

words ―ENTRY OF ANY GOODS‖. 766

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (u)(i), amended the Third Schedule – in the item ―Bill of lading‖, by adding after the word ―lading‖, the words ―, seaway bill or airway

bill, as the case may be‖ 767

w.e.f. 24-July-2017, Act 10 of 2017, Finance (Miscellaneous Provisions) Act 2017, Section 12 (u)(ii), amended the Third Schedule – by deleting the following items –

Certificate of origin

Import permit under the Consumer Protection (Control of Imports) Regulations 1999

Permit or authorisation under any enactment for health, phytosanitary or security reasons 768

w.e.f. 25-July-2019, Act No. 14 of 2019, the Business Facilitation (Miscellaneous Provisions) Act 2019, Section

7(d), amended the Customs Act, by adding the Fourth Schedule set out in the First Schedule to Business

Facilitation (Miscellaneous Provisions) Act 2019.

قانون الجمارك لعام 1988 (القانون رقم 47 لعام 1988 المعدل حتى القانون رقم 1 لعام 2020)، موريشيوس

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