THE NON-CITIZENS (PROPERTY RESTRICTION) ACT

s. 2 - Interpretation
1. “business certificate” means – a Category 1 Global Business Licence as defined under the Financial Services Act 2007 or a banking licence issued under the Banking Act 2004, in so far as it relates to its banking transactions with non- residents and corporations holding a Category 1 Global Business Licence or a Category 2 Global Business Licence
2. “non-citizen" means -
  1. a person who is not a citizen of Mauritius
  2. an association or body of persons, whether corporate or incorporate, where
    1. it is not domiciled in Mauritius
    2. it is quoted on the Official List of the Stock Exchange or admitted to any Second Market established under the Securities Act and its control or management is vested in one or more persons who are not citizens of Mauritius
    3. it is not so quoted or admitted and one its shareholders is not a citizen of Mauritius
  3. a trust in so far as it is involved in any transaction referred to in section 22 of the Trusts Act
3. “resident in Mauritius” means
  1. in relation to an individual, a person who has his domicile in Mauritius
  2. in relation to a body corporate, a body incorporated or registered under the laws of Mauritius
s. 3 - Non-citizens' property rights
1. a non-citizen who wishes to hold or purchase or otherwise acquire a property shall make a written application to the Minister giving, wherever applicable
  1. the precise location of the property
  2. a site plan showing its extent and precise location
  3. the nature of the interest intended to be purchased or otherwise acquired or held
  4. the reasons for which the application is made
  5. such other information as the Minister may require
2. On receipt of an application the Minister may issue to the applicant a certificate authorising him to purchase, acquire or hold the property, subject to such terms and conditions as the Minister may impose.
  1. No certificate shall be required
    1. to enable a non-citizen to hold property in virtue of
      1. a lease agreement for industrial or commercial purposes, other than a lease agreement or a sublease agreement in respect of a residential property, for a term not exceeding 20 years
      2. a deed of concession under the Fisheries and Marine Resources Act 2007
      3. a tenancy agreement for a term not exceeding 4 years
    2. in the case of a non-citizen
      1. who purchases or otherwise acquires or holds any property in accordance with any other enactment or any convention to which Mauritius is a party
      2. who purchases or otherwise acquires or holds property
        while he is the spouse, married in accordance with the régime légal de communauté, of a citizen
        by inheritance
        by the effect of marriage
    3. In the case of a non-citizen or a person not resident in Mauritius who
      1. holds, purchase or otherwise acquires, sells or otherwise deals with shares or other securities of a company who is desirous of being admitted for quotation on the Official List of the Stock Exchange through a public issue, offer for sale of shares and private placement of shares, or quoted on the Official List of the Stock Exchange or admitted to any Second Market which may be established under the Stock Exchange Act
      2. invests in a unit trust scheme and any other collective vehicle
      3. purchases or otherwise acquires any luxury villa, apartment, penthouse or other similar properties used, or available for use, as residence with or without attending services or amenities from a company holding a certificate under the Real Estate Development Scheme, prescribed under the Investment Promotion Act
      4. being an investor purchases or otherwise acquires an immovable property, a right to immovable property or part of a building, for business purposes, upon production of an authorisation from the Board of Investment established under the Investment Promotion Act
      5. being an investor, a self-employed person who is a non- citizen, a retired non-citizen or a non-citizen referred to in section 5A of the Immigration Act, and having been granted a permanent residence permit under the Immigration Act, purchases only one apartment, in a building of at least 2 floors above ground floor, for his personal residence, upon production of an authorisation from the Board of Investment, granted after it has obtained the approval of the Minister
      6. being an investor registered under item 1A, or a professional registered under item 3(b)(i), of Part I of the Schedule to the Investment Promotion Act and having been granted an occupation permit under the Immigration Act, purchases only one apartment, in a building of at least 2 floors above ground floor, for his personal residence, on production of an authorisation from the Board of Investment granted after it has obtained the approval of the Minister
s. 5 - Consequence of contravention
1. An agreement which is in contravention of
  1. section 3
  2. a condition imposed in a certificate
  3. shall be void
2. the Curator shall forthwith
  1. take possession of the property
  2. cause it to be sold in accordance with the Sale of Immovable Property Act
3. A person, other than a non-citizen, who acquires property pursuant to a sale as above shall acquire a good title to the property.
4. The proceeds of a sale shall, after deduction of all charges, be paid over, in such manner as the Registrar may direct, to the non-citizen or other person who appears to be entitled to them.
s. 6 Qualified Corporation
1. “qualified corporation” means - a corporation holding a Category 1 Global Business Licence as defined under the Financial Services Act 2007 or a bank holding a banking licence issued under the Banking Act 2004, in so far as it relates to its banking transactions with non-residents and corporations holding a Category 1 Global Business Licence or a Category 2 Global Business Licence
2. a qualified corporation or an applicant for a business certificate who wishes to hold or purchase or otherwise acquire a property shall apply to the Commission
3. The Minister may
  1. make regulations to provide for the manner in which applications submitted to the Commission or the Bank of Mauritius, as the case may be, shall be processed
  2. delegate to the Commission or the Bank of Mauritius, subject to such directions as he thinks fit, his powers to issue a certificate under this Act to a qualified corporation
  3. Any certificate issued by the Commission or the Bank of Mauritius, as the case may be, under powers delegated by the Minister, shall be deemed to be a certificate issued under section 3(2) of this Act.

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THE NON-CITIZENS (PROPERTY RESTRICTION) ACT

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