The Precision Of Financial Intelligence Unit After Different Comments

The Financial Intelligence Unit wants the police to enquire after the attacks on its director and officers. The FIU informs the public that the orders of the judge in chambers were delivered to 20 banks and the Registrar General from 10am to 2.18 pm on 29 March 2023, before being released to the private and public media. The agency issued a statement on Saturday saying that Carine Charlette-Katinic, its director, is not related to any member of the government and has no political affiliation.

Here is the full statement of the FIU published yesterday:

1. Established under section 9 of the Financial Intelligence and Anti-Money Laundering Act in 2002, the Financial Intelligence Unit (FIU) is the national central agency in Mauritius that is responsible for the request, receipt, analysis and dissemination of financial information regarding suspected proceeds of crime and alleged money laundering offences as well as the financing of any activities or transactions related to terrorism to relevant authorities;
2. The FIU Mauritius is a member of the Egmont Group, Eastern and Southern Africa Anti- Money Laundering Group, Asset Recovery Inter-Agency Network for Southern Africa and has to adhere to the FATF recommendations;
3. The Director, Mrs. Carine Charlette-Katinic, is currently the President of the Asset Recovery Inter-Agency Network of Southern Africa (ARINSA) and in February 2023 she was elected as vice-chair of the Information Exchange Working Group of all Egmont FIU;
4. The FIU notes with concern and condemns the recent attacks, direct and subtle, and all the baseless and enunciation allegations made against the institutions, its officers and its FIU also condemns the pressures and veiled threats being exerted on its legal advisers;
5. The FIU wishes to clarify that the Director is not related to any Member of the Cabinet or to any Member of the National Assembly and does not have any political affiliation or aspiration;
6. The FIU highlights that it is normal practice for the organization to retain services of Senior Counsel and Attorney in respect of applications to the Judge in Chambers under the Asset Recovery Act; and/or in matters before the Supreme Court of Mauritius depending on the complexity and intricacy of the FIU’s in-house Legal Manager and staff have worked on all 4 applications before the Judge in Chambers;
7. The FIU highlights that pursuant to Rule 6 of the Supreme Court (Judge in Chambers) Rules 2002 it is entitled, by law, after an application is set aside by a Judge in Chambers, to enter a new application before another Judge in Chambers: Rule 6 of the Supreme Court (Judge in Chambers) Rules 2002 provides as follows:

“6. (a) Where an ex parte application is made to a Judge In Chambers and is set aside and another application is subsequently made by the same applicant and contains essentially the same prayer, the applicant shall in his new application disclose all the particulars of his previous application.

(b) Where a Judge before whom an application has been lodged receives information to the effect that the applicant has failed to comply with paragraph (a), the Judge may, after hearing the applicant’s attorney or Counsel in relation to the alleged non-compliance –

• where he has not yet determined the application, set it aside; or
• where he has already determined the application, suspend any order made by him.”

8. An application before a Judge in Chambers under sections 27 and 30 of the Asset Recovery Act is not granted on the mere asking. A Judge in Chambers who declines an initial application is the only person who is qualified to opine on why such application was not entertained by the Judge. An Order is granted when the Honourable Judge is satisfied, upon taking cognizance of the affidavit supporting the application, that there are reasonable grounds to believe that the property referred to in the application is proceeds, a benefit, or an instrumentality or terrorist property, make a Restriction Order;
9. The FIU strongly condemns the vile threats to the life of its Director and Officers and has requested the Commissioner of Police to inquire into the matter;
10. The FIU informs the public that the Orders of the Honourable Judge in Chambers were served on 20 Banks and the Registrar General from 10 00 hrs to 14 18hrs on 29 March 2023, prior to same being broadcast on private and public media. The FIU had 21 days to serve all the Orders on all parties but it did so within 2 days on the concerned parties;
11. The FIU also highlights that prior to the Restriction Orders being served, persons working on the 4 cases were contacted (by phone, personal visits or by WhatsApp messages) by various third parties on behalf of parties subject matter of the Orders from the Judge in Chambers; and
12. The FIU has since the year 2022 been assisted by FBI agents and has recently recruited a former Head of Strategic Analysis from FIU Moldova.
13. The FIU is greatly indebted to:

• its Director and Officers,
• its in-house foreign experts;
• its Egmont Group partners;

for their assistance in investigating matters of a scale that have never been uncovered in our jurisdiction.