The Financial Crimes Commission (FCC) issued on 14 July 2025 Guidelines on Legal Persons (Guidelines) pursuant to Section 52(2) of the Financial Crimes Commission Act 2023 (link to Guidelines: https://fcc.mu/guidelines-on-legal-persons-issued-by-the-fcc/)
The FCC expects Legal Persons to establish adequate procedures which are necessary to prevent it or any person acting on its behalf from committing an offence under Part III of the FCC.
Who is concerned by the Guidelines? All Legal Persons of any size and industry in Mauritius defined under section 2 of the FCCA as “any entity, including a private entity, other than a natural person”.
Legal Persons are required to implement adequate policies and procedures based on five core principles listed by the Guidelines:
1. Commitment at Top Level Management
- Leadership must establish a “tone from the top” culture, demonstrating the highest level of integrity and ethical leadership, ensuring the effectiveness of the Legal Person’s Financial Crime Compliance framework
2. Conduct of Risk Assessment
- Conduct and document regular FCCA-related risk assessments
- Identify internal and external risks, including third-party relationships and high-risk jurisdictions
- Conduct gap analyses to adapt controls to new laws, business changes, and emerging risks
3. Implementation of Control Measures
- Establishment of due diligence protocols for employees, vendors, agents
- Setup of confidential reporting channels (whistleblowing mechanisms)
- Implementation of beneficial ownership transparency measures
- Transaction monitoring systems and STR reporting procedures
4. Systematic Review, Monitoring & Enforcement
- Conduct internal or third-party audits of controls and procedures
- Maintain a monitoring programme and compliance function
- Take corrective action and enforce disciplinary measures for breaches
5. Training & Communication
- Provide ongoing training on FCCA offences, procedures, and reporting lines
- Ensure policies are communicated to all staff and business partners, with use of multiple formats recommended (emails, handbooks, intranet) and languages if needed
Gifts, Hospitality & Promotional Expenditure Policy
Legal Persons are now required to adopt a Gifts, Hospitality & Promotional Expenditure Policy (GHPE Policy) to prevent misuse of gifts and hospitality as bribes.
Gifts must be made for the right reason, with no attached obligation or expectation of any favour in return, documented, reported (in a gift register and reported to management), of reasonable value and infrequent
How do the FCC Guidelines affect your compliance? Contact us to find out how RockFin can help.
At RockFin, we assist with:
- Drafting and review of policies and procedures that reflect your specificities, including GHPE Policy and Procedures
- Conducting Part III FCCA Gap Analyses and Risk Assessments
- Training on AML/CFT that includes FCCA obligations
- Undertaking Independent Audits
📞 (+230) 5944 8503 📧 compliance@rockfin.mu