MAURITIUS
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Mauritius has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
MAURITIUS
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Mauritius has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
MAURITIUS
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulation on trade secrets
Mauritius does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to trade secrets in Sections 4 and 9 of the Protection against Unfair Practices (Industrial Property Rights) Act.
Coverage Horizontal
MAURITIUS
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Mauritius to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
MAURITIUS
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government holds controlling shares in Mauritius Telecom, the leading provider of voice, mobile, Internet and data communication services in Mauritius. The government owns 33.5% of the shares, while SBM Holdings Ltd, also owned by the government, owns 19% of the shares.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240519031737/https://www.telecom.mu/our-company/pdf/annual-reports/MTAR2021.pdf
- https://web.archive.org/web/20240811183613/https://www.state.gov/reports/2022-investment-climate-statements/mauritius/
- https://web.archive.org/web/20171118143112/https://www.ide.go.jp/English/Data/Africa_file/Company/mauritius06.html
- https://web.archive.org/web/20241003120420/https://www.sbmgroup.mu/documents/sbm-holdings-ltd-annual-report-2021
- Show more...
MAURITIUS
Since December 2006
Since November 2008
Since November 2008
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act 2006
Public Procurement Regulation 2008
Public Procurement Regulation 2008
According to Art. 18 of the Public Procurement Act, open international bidding is required when: (i) the estimated value of the procurement surpasses the threshold of MUR 200 million (approx. USD 50 million), as stipulated in Art. 5 of the Public Procurement Regulation; (ii) the goods, works, or services are not available from more than one supplier in Mauritius at competitive prices and conditions; or (iii) there is no response to open national bidding, necessitating the procurement of goods, services, or works from international bidders.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241114200119/https://ppo.govmu.org/SiteApplication/documents/PPA2006.pdf?_gl=1%2Ar0r687%2A_ga%2ANTAyNDk3MjAxLjE3MTQ3NTA2NzU.%2A_ga_JFCCER4YDE%2AMTcxNDc1MDY3NC4xLjAuMTcxND...
- https://web.archive.org/web/20241114200215/https://ppo.govmu.org/Documents/Regulations/Public%20Procurement%20(Regulations%202008)%2011.3.24.pdf
MAURITIUS
Since November 2008
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Regulation 2008
Under Section 5.1, the Public Procurement Regulation states that the Policy Office may, in the case of procurement through open international bidding, issue instructions relating to the criteria and the applicable percentage preference for domestic or regional goods, services or contractors.
Under Section 35A, a public body may grant an advantage to domestic goods provided that the criteria to grant the advantage are spelt out in the bidding documents and are in accordance with such directive as the Policy Office may issue.
Under Section 35A, a public body may grant an advantage to domestic goods provided that the criteria to grant the advantage are spelt out in the bidding documents and are in accordance with such directive as the Policy Office may issue.
Coverage Horizontal
MAURITIUS
Since August 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Directive No. 42
As per Directive No. 42, which enacts the benefits for SMEs announced in the FY2020/21 budget, the following measures have been established: (i) SMEs producing locally manufactured goods with the "Made in Moris" certification from the Mauritius Manufacturers' Association will be granted a preference margin of 30%-40%; and (ii) non-SMEs will receive a 20% margin for their locally manufactured goods.
Coverage Horizontal
Sources
MAURITIUS
Reported in 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Directive No. 50
It is reported that, under Directive 50 (Ensuring Minimum Domestic Content of 30% in Purchases of Goods), ministries and government bodies are required to have a minimum domestic content of 30% in their purchases of goods. However, this directive is not available online.
Coverage Horizontal
MAURITIUS
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Mauritius is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
MAURITIUS
Since January 2001, last amended in 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Independent Broadcasting Authority (IBA) Act
The Independent Broadcasting Authority (IBA) Act under Section 19 provides that the allowable equity participation of a foreign company investing in broadcasting should be below 49.9%. Similarly, control by foreign nationals in broadcasting is limited to 49.9%. Furthermore, a foreign investor cannot hold 20% or more of a company that owns or controls any newspaper or magazine or any printing press publishing such as a newspaper or magazine. It is not clear whether these provisions apply online.
Coverage Broadcasting and newspapers
MAURITIUS
Since December 2001, last amended in July 2017
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Companies Act 2001
Section 132 of the Companies Act provides that a company must have at least one director who is ordinarily resident in Mauritius.
Coverage Horizontal
MAURITIUS
Reported in 2017, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Screening of investment
It is reported that the Investment Office of the Economic Development Board (EDB) reviews foreign investment proposals based on their economic benefits, environmental impact, and national security concerns. If an investment fails to pass the review process, the prospective investor may appeal the decision either to the EDB or to the relevant ministry
Coverage Horizontal
MAURITIUS
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.58%
Coverage rate of zero-tariffs on ICT goods (%)
95.19%
Coverage: Digital goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm