The Bank of Mauritius was established in 1967 as the central bank of the country.

The BoM was

The law on a bank's duty of confidentiality was clarified in the landmark English caseTournier v
National Provincial[1924] 1 KB 46.The Court of Appeal held that a bank owes its customer a legal
duty of confidentiality not to disclose information to third parties. Any breach of this could result in
liability for damages if loss results. This duty applies upon the opening of an account and continues
after account closure. It covers alltransactions concerning the account and information obtained by
virtue of the relationship between the bank and its customer. However, the duty is not absolute and
is qualified by some exceptions laid down in the Tourniercase and more recently confirmed in
Christofi v Barclays Bank plc.(2000) 1 WLR 937. The exceptions include firstly Compulsion by law,
Duty to the public to disclose, Interests of the bank require disclosure and Disclosure permitted with
the customer's consent.

In Mauritian law, the duty of confidentiality is present in both the Bank of Mauritius Act2004 and in
the Banking Act 2004. S. 26 of the Bank of Mauritius Act 2004 imposes the duty of confidentiality on
the Bank‟s directors or other officers who must not to disclose directly or indirectly to any person
anyinformation relating to the affairs of the Bank, financial institution or customers, which was
acquired in the performance of his duties or exercise of his functions. The directors and officers are
even required to take an oath of confidentiality as per the Second Schedule of the Act. If they breach
that duty, the sanction is a fine not exceeding Rs 1 million and an imprisonment term not exceeding
5 years The exceptions catered for under s. 26 (2) of the Act include situations where the duty is
waived in the performance of his duties under the banking laws, in the meeting of the requirements
of an agreement or understanding reached by the Bank with other relevant supervisory body, by an
order of a Judge in Chambers or Court of Law or under an enactment. Under s. 26(4), disclosure is
accepted

(a) whenthere is exchange of information, under conditions of confidentiality, betweenthe Bank of

(b) under S. 6 Mutual Assistance in Criminal and Related Matters Act 2003 or under order of Judge in
Chamber.

(c)whenit is made to the Financial Intelligent Unit under S. 22 of the Financial Intelligence And Anti-
Money Laundering Act 2002.

Section 64 of the Banking Act applies the duty of confidentiality in the context of commercial
banking. It stipulates that if, by virtue of his professional relationship, the banker has access to the
books, accounts, records, financial statements or other documents, he will have to observe the duty
of confidentiality. The duty is defined as the duty not to disclose directly or indirectly to any person
any information relating to the affairs of any customers,

S. 26(3) Bank of Mauritius Act 2004 including any deposits, borrowings or transactions or other
personal, financial or business affairs, without the prior permission of customer or his
representative. Exceptions crop up in the following circumstances:-

a. When a credit card issued has been suspended or cancelled, the information is conveyed to other
issuers of credit card.

b. when a customer is declared bankrupt or the company is wound up.

d. in civil proceedings

e. when the information is required by a colleague/auditor, entitled under his professional duties, of
same or other financial institution.

f. when the information is required to assess the credit-worthiness of a customer both for
commercial reasons and of general nature.

g. when served with a garnishee order attaching monies in the account of the customer

h. when the person has to appear before a court and the judge orders a disclosure.

i. when the information is required by the Mauritius Credit Information Bureau.

j. For a report on a suspicious transaction to the FIU under the FIAMLA 2002.

k. when summoned under s. 45(4) of the Dangerous Drugs Act by the Commissioner.

l. when providing information under SubPart BA of Part VIII of the Income Tax Act

m. for credit information and for transmission to the guarantor of a credit facility.

Other exceptions include

S. 64(5): when the parent institution requires information from a subsidiary entity.

S. 64(9): when the Director General of the ICAC, the Chief Executive of FSC, theCommissionerof
Police, the Director General of the Mauritius Revenue Authority apply to the Judge in Chamber for
an order of disclosure.

Some relevant cases are

Ex Parte: The Commissioner of Income Tax 1996 SCJ 204

It was held that as regards confidentiality of information “Bankers are more liable to be compelled to
reveal the secrets they hold when the public interests, and particularly the detection of crime, so
requires”

DPP v Indian Ocean International Bank [1987 MR 22]

This case cited the case of Clinch v Inland Revenue Commissioners 1974 1 Q B 76 where it was
remarked per curiam that “the currently alleged „right of silence‟‟ seems to find no placein the field
of tax avoidance - a fortiori where tax evasion is concerned.Comptroller of Customs v/s Ramraccheya
1998 MR 45-1998 SCJ 215It was held that in considering whether to make an order of disclosure, this
Court must carryout a balancing exercise and weigh all the relevant factors - vide In re State of
Norway‟sApplication (1986) 1 W.L.R 452 at page 487....