1. Do you currently hold or have you been entrusted in the past with a prominent public function and/or are an immediate family member of a PEP and/or are you a close associate of a PEP?

POLITICALLY EXPOSED PERSON

As per Section 2 of Financia Intelligence and Anti Money Laundering Regulations 2018,

◆ “politically exposed person” or “PEP” –

(a) means a foreign PEP, a domestic PEP and an international organisation PEP; and

(b) for the purposes of this definition – “domestic PEP” means a natural person who is or has been entrusted domestically with prominent public functions in Mauritius and includes the Head of State and of government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations, important political party officials and such other person or category of persons as may be specified by a supervisory authority or regulatory body after consultation with the National Committee;

“foreign PEPs” means a natural person who is or has been entrusted with prominent public functions by a foreign country, including Heads of State or of government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations, important political party officials and such other person or category of persons as may be specified by a supervisory authority or regulatory body after consultation with the National Committee;

“international organisation PEP” means a person who is or has been entrusted with a prominent function by an international organisation and includes members of senior management or individuals who have been entrusted with equivalent functions, including directors, deputy directors and members of the board or equivalent functions and such other person or category of persons as may be specified by a supervisory authority or regulatory body after consultation with the National Committee”.

A PEP is an individual who is or has been entrusted with a prominent public function such as:

• heads of state;
• heads of government;
• ministers and deputy or assistance ministers;
• members of parliament;
• influential functionaries in nationalised industries and government administration;
• judges and senior magistrates;
• senior political party functionaries;
• senior and/or influential officials, functionaries and military leaders and people with similar functions in international or super national organisations;
• members of ruling royal families;

The definition of PEP also includes:

◈ ‘Close associates’, i.e.:

(a) individuals who are closely connected to a PEP, either socially or professionally; and

(b) includes any other person as may be specified by a supervisory authority or regulatory body after consultation with the National Committee.

◈ ‘Family members’; i.e.:

(a) individuals who are related to a PEP either directly through consanguinity, or through marriage or similar civil forms of partnership: and

(b) includes any other person as may be specified by a supervisory authority or regulatory body after consultation with the National Committee.

2. Are you acting as a nominee or on behalf of a third-party?

If the applicant is acting for a third party, then he/she must disclose –

(a) the identity of the third party (and any beneficial owners or associated persons as required);

(b) the proofs of identity required under Regulation 3 of the FIAML Regulations 2018; and

(c) the relationship between the third party and the applicant for business.

Important Disclosures by the Company:

FATCA / CRS

The Company is bound by international tax rules to collect certain information from all of our clients, including their tax information. The purpose FATCA/CRS related information sought in this form is for the Company to comply with its obligations under the Foreign Account Tax Compliance Act (FATCA) and Common Reporting Standard (CRS). In certain circumstances, the Company will be obliged to share your tax information with the tax authorities.

Tax residency is determined by a number of factors, the amount of time you are physically present in a jurisdiction is often the most important factor. The definition of tax residency varies from jurisdiction to jurisdiction. It is possible to be tax resident in more than one jurisdiction at the same time. If you have any questions regarding your tax residency or you are not certain in which jurisdiction you are tax resident, we recommend you speak to your tax or legal advisor. Please indicate all countries in which you are tax resident and your corresponding tax reference numbers.

Data Protection

The Company is bound by the prevailing Data Protection Laws in Mauritius and has the legal duty to protect any information we collect from you. Information contained in this documents and annexed forms/evidences are deemed to be privileged information and hence are subject to data security policies that we have put in place. Data will not be shared with any unauthorised third party without the written consent of the Investor, except for Regulators or upon the receipt of a notice/legal instruction from a court of law.

Pursuant to the provisions of the Data Protection Act, you have the right, in relation to the company’s personal data which is in the Company’s custody and/or control of, to:

◆ access and/or, request rectification and erasure;

◆ object to the processing;

◆ withdraw consent at any time, without affecting the lawfulness of processing based on the consent which had been provided prior to withdrawal.

The Company is bound by the Data Protection Act prevalent in Mauritius and by its internal Data Protection Policies including the obligation for record keeping.

Anti-Money Laundering Legislation

As per Section17C (6) of the Financial Intelligence and Anti- Money Laundering Act (Mauritius) which reads as follows:

“Any person who knowingly provides any false or misleading information to a reporting person in connection with CDD requirements under this Act or any guidelines issued under this Act shall commit an offence and shall, on conviction, be liable to a fine not exceeding 500,000 rupees and to imprisonment for a term not exceeding 5 years.”