Mutual Legal Assistance (MLA) is the formal process by which countries seek or provide help in collecting evidence, enforcing orders, or taking legal action in cross-border criminal matters. MLA strengthens cooperation to combat transnational crimes such as corruption, terrorism, money laundering, drug trafficking, cybercrime, and other serious offences. Mauritius plays an active role in giving and requesting such assistance through its MLA unit.
About the MLA Unit
The MLA Unit is a specialised unit within the Attorney-General’s Office (AGO), responsible for coordinating international cooperation in criminal and related matters. By virtue of the Mutual Assistance in Criminal and Related Matters Act 2003, the Honourable Attorney-General is designated as the Central Authority for the Republic of Mauritius, serving as the appropriate competent authority for handling MLA requests. The Honourable Attorney-General is empowered to approve or refuse, in whole or in part, MLA requests.
Structure
The MLA Unit plays a key role in ensuring the effective and timely execution of MLA requests. Operating under the supervision of the Solicitor-General, the Unit is staffed by a permanent Desk Officer, along with a dedicated team of State Counsels and State Attorneys.
Mission
The Unit’s primary objectives are to handle MLA requests promptly, efficiently, and with strict confidentiality while maintaining clear communication with foreign Central Authorities and ascertaining compliance with National laws and international obligations.
MLA, in Mauritius, is governed by a comprehensive legal framework, including statutory provisions, treaties, and established procedures. The domestic framework includes:
1. Mutual Assistance in Criminal and Related Matters Act 2003
Enacted on 15 November 2003, the Mutual Assistance in Criminal and Related Matters Act (MACRMA) provides the legal framework for incoming and outgoing MLA requests in Mauritius. The Act facilitates cooperation between Mauritius and foreign states or international criminal tribunals concerning serious offences, ensuring prompt and effective international collaboration in criminal investigations, prosecutions, and related civil matters.
In 2024, the MACRMA 2003 was amended to further broaden the scope of Mauritius’ international cooperation. The amendment allows the Central Authority to grant requests partly or wholly, in the absence of dual criminality..
2. Letters of Request
All mutual legal assistance between Mauritius and a foreign State, whether incoming or outgoing, must be formally initiated through a Letter of Request(LoR), in accordance with the MACRMA 2003 and the Letters of Request Rules 1985.
The Letter of Request must be:
The request must be addressed to:
The Honourable Attorney-General
Attorney-General’s Office
Republic of Mauritius
It must be submitted by a competent authority from the requesting country.
The request should be based on a valid legal ground, such as:
a. A bilateral or multilateral treaty involving Mauritius
b. An international convention (e.g., UNCAC, UNTOC)
c. The principle of reciprocity, if no treaty exists
The request must include:
a. A clear description of the assistance needed (e.g., taking evidence, serving documents, freezing assets)
b. A statement of relevant facts and applicable laws
c. Certified translations if the documents are not in English or French
3. Reciprocity and Comity
In the absence of a treaty, Mauritius may entertain MLA requests based on the principles of reciprocity or comity. This allows Mauritius to grant assistance to foreign states under the assurance of mutual cooperation, even without a formal agreement.
Pursuant to Section 4(3) of the MACRMA, a request shall be in writing and shall include:
(a) give the name of the requesting authority;
(b) give the name of the authority conducting the proceedings to which the request relates;
(c) give a description of the nature of the proceedings and a statement setting out a summary of the relevant facts and laws;
(d) explain the purpose of the request and the nature of the assistance being sought;
(e) give details of any procedure which is required to be followed to comply with the laws of Mauritius;
(f) where appropriate, include a statement setting out any wish as to confidentiality of the request and the reasons for that wish;
(g) indicate any time limit within which compliance with the request is desired, stating reasons;
(h) indicate the name and address of the person to be served, where necessary;
(i) give any other information that may assist in giving effect to the request;
(j) be supplemented with such other procedures, formalities, and information as may be required by the foreign State to give effect to the request; and
(k) where necessary, be accompanied by a translation into the official language of the foreign State.
The Central Authority may refuse a request, in whole or in part, for the following reasons:
(a) that compliance with the request would be contrary to the Constitution;
(b) of prejudice to the sovereignty, international relations, security, public order, or other public interest of Mauritius;
(c) of reasonable belief that the request for assistance has been made for the purpose of prosecuting a person on account of that person’s race, sex, religion, nationality, ethnic origin or political opinions, or that a person’s position may be prejudiced for any of those reasons;
(d) of absence of dual criminality, where granting the request would require a Court in Mauritius to make a freezing order, confiscation order or restraining order in respect of any person or property in respect of conduct which does not constitute an offence in Mauritius;
(e ) that the request relates to an offence under military law, or a law relating to military obligations, which would not be an offence under ordinary criminal law;
(f) that the request relates to a political offence or an offence of a political character;
(g) that the request relates to an offence, the prosecution of which, in the foreign State, would be incompatible with laws of Mauritius on double jeopardy;
(h) that the request requires Mauritius to carry out measures that are inconsistent with its laws and practice, or that cannot be taken in respect of criminal matters arising in Mauritius.
Note: The Central Authority may also, after consultation with the requesting state, postpone the execution of the request if its immediate execution would likely prejudice ongoing legal proceedings in Mauritius.
To continuously improve the quality of our assistance, the Central Authority has implemented a feedback form mechanism. Click here to access the feedback form.
MLA Training
The MLA Unit regularly conducts training sessions to enhance the skills and knowledge of professionals involved in international criminal cooperation. These training sessions aim to ensure effective and efficient cooperation in criminal matters, with a focus on practical applications and the latest international developments.
Participants in these training sessions include the MLA staff and other stakeholders involved in mutual legal assistance.
2025 MLA Training Sessions:
- Wednesday, 28th May 2025 – “Introduction to MLA, Extradition, and Rogatory Commissions”
- Thursday, 31st July 2025 – “Challenges and Best Practices in MLA”
For more details or to request participation, please contact the MLA Unit via email (mla@govmu.org).
Section 19 of the MACRMA enables the sharing of confiscated assets with foreign jurisdictions. The Central Authority has developed an Asset Sharing Mechanism to facilitate this process.
The Central Authority may enter into an Asset Sharing Agreement with competent authorities of foreign states for the reciprocal sharing of property realised in Mauritius or abroad as a result of actions taken under the MACRMA 2003.
For MLA matters, please contact:
Solicitor General
Mr. Rajeshsharma RAMLOLL, SC
✉️ rramloll@govmu.org
Acting Director Attorney Services
Ms. Verna NIRSIMLOO
✉️ vnirsimloo@govmu.org
MLA Unit
✉️ mla@govmu.org
📍 Address: Attorney-General’s Office, 5th Floor, Renganaden Seeneevassen Building, Port Louis, Mauritius
🕒 Working Hours: Monday to Friday, 9:00 AM – 4:00 PM (excluding public holidays)