Indian fund flows are dealt with more carefully: Mauritius
Nov 25 2012 , New Delhi
Besides, Mauritius is more than eager to share details with India about persons and companies suspected of financial irregularities and complies with all such requests, except those found to be 'fishing expeditions' or involving legal implications, the country's financial regulator has said.
"All request for information sent by India, not only regarding the securities market but also vis-a-vis banks, are replied to, because India gets top priority for Mauritius," the country's securities market regulator Financial Services Commission's CEO Clairette Ah-Hen told PTI in an interview.
"There are special conditions, which we have named 'Indian Conditions', for funds found to be linked to entities of Indian origin both in terms of inflows and outflows through Mauritius," the FSC Chief Executive during her India visit.
These 'Indian Conditions' are applied in terms of licensing of the entities operating through Mauritius, the undertaking asked from them and the documents required to be submitted to various authorities.
Breach of these 'Indian conditions' leads to revocation of license, while non-submission of auditor certificate regarding compliance with these conditions leads to Tax Residence Certificate not be recommended and the company becoming eligible for tax benefits under DTAA (Double Tax Avoidance Treaty) between the two countries.
As per FSC's Indian Conditions, non-compliance with the undertaking also leads to revocation of the licence, Ah-Hen said.
If a Mauritius-based Global Business Company becomes India-related (that is shareholders are of Indian origin or the investments are routed to India) even after getting licensed, the Indian conditions and the related undertakings are imposed on that entity.
The FSC Chief said that the rules and regulations are very strict in the country and the companies or funds with Indian links are handled with extra caution, given the importance accorded by Mauritius to India.
"We are much more serious when funds are going to India ... If the funds are going to say China or Africa, we do not have to do that. But, there are special conditions for India and we make sure that these are fulfilled," she said.
Ah-Hen said officials touch base with Indian authorities such as RBI, Sebi and others, as the case may be, whenever it comes across any suspicious information.
"If there is a suspicion, we give India more importance than any other countries. And investors (global entities routing their investments through Mauritius) know it because it is all written in conditions for their setting base in Mauritius," she added.