MAURITIAN PROLIFERATION RISKS in two laws – ensure you follow both definitions of Proliferation and Proliferation Financing

In Mauritius, there are two key pieces of legislation addressing anti-money laundering, counter-terrorism financing, and counter-proliferation financing (C-PF).

• The United Nations (Financial Prohibitions, Arms Embargo and Travel Ban) Sanctions Act 2019 (UNSA 2019)
• https://www.bom.mu/sites/default/files/united-nations-financial-prohibitions-arms-embargo-and-travel-ban-sanctions-act-2019-updated_by_fa_2022_w.pdf
• The Financial Intelligence and Anti-Money Laundering Act 2002 (FIAMLA)
• https://www.fiumauritius.org/fiu/wp-content/uploads/2025/05/FIAMLA-Updated-as-at-2024.pdf

Both acts incorporate definitions related to proliferation that are  aligned with international standards from

• The United Nations Security Council (UNSC) resolutions and
• The Financial Action Task Force (FATF) Recommendations, particularly FATF Recommendation 7 on targeted financial sanctions (TFS)

These definitions are not the same—they are distinct but complementary:

• (UNSA 2019-FIAMLA) Proliferation focuses on the physical or technical acts related to weapons of mass destruction (WMD).
• (FIAMLA ONLY) - Proliferation financing addresses the financial mechanisms enabling those acts.

Mauritius' framework ensures TFS under UNSA 2019 directly supports FIAMLA's broader preventive measures, but the terms are not conflated in either act.

Definition in UNSA 2019

UNSA 2019 primarily implements UNSC resolutions under Chapter VII of the UN Charter to counter threats like WMD proliferation.

It provides a specific definition of proliferation (but not a standalone definition of "proliferation financing," which is addressed through prohibitions on financial support).

• Proliferation: Defined to include "not only the movement of WMDs but also related technical training, advice, service, brokering or assistance." This encompasses the development, acquisition, production, sale, transport, transfer, or use of nuclear, chemical, or biological weapons and their means of delivery, including dual-use goods and technologies for non-legitimate purposes.
• Proliferation Financing (PF): Implied as the provision of funds, financial services, or other assets to carry out proliferation activities. The act mandates freezing of assets, arms embargoes, and travel bans on designated persons/entities involved in PF, aligning with UNSC resolutions (e.g., 1718/2006 on North Korea, 2231/2015 on Iran).

UNSA 2019's guidelines (issued by the National Sanctions Secretariat) emphasise a risk-based implementation of TFS to disrupt PF, treating it as a financial enabler of proliferation.

Definition in FIAMLA

FIAMLA (as amended by the Anti-Money Laundering and Combating the Financing of Terrorism and Proliferation (Miscellaneous Provisions) Act 2019) establishes the Financial Intelligence Unit (FIU) and imposes obligations on reporting persons (e.g., financial institutions, DNFBPs) for customer due diligence (CDD), suspicious transaction reporting (STR), and risk assessments.

FIAMLA explicitly includes PF in its scope, but does not redefine "proliferation" Instead, it cross-references UNSA 2019 and UNSC standards.

• Proliferation: Not explicitly defined in isolation; it adopts the UNSA 2019/UNSC [see above] understanding of WMD-related activities (e.g., manufacture, export, or transfer of nuclear/chemical/biological weapons and related materials).
• Proliferation Financing (PF): Explicitly defined as "the financing of the proliferation of weapons of mass destruction," covering the raising, moving, or making available of funds, assets, or economic resources to persons/entities for WMD proliferation purposes, including means of delivery and dual-use items. This includes evasion of TFS under UNSA 2019.

FIAMLA's 2018 Regulations and related guidelines (e.g., from the Bank of Mauritius and Financial Services Commission) require institutions to assess and mitigate PF risks alongside money laundering (ML) and terrorist financing (TF), with STRs submitted to the FIU for analysis.

Key Similarities and Differences

Conclusion

The definitions in UNSA 2019 and FIAMLA are aligned but not identical.

UNSA 2019 defines "proliferation" more granularly to support sanctions, while FIAMLA emphasises "proliferation financing" as a financial crime predicate, building on UNSA's framework.

This separation ensures comprehensive coverage: UNSA targets immediate threats, and FIAMLA enables systemic prevention.

Mauritius' 2022 National Risk Assessment rates PF risk as "medium" overall, with higher vulnerabilities in trade finance and non-profits, underscoring the integrated approach.