Limitation on payment by cash to combat money laundering: a comparative assessment of the laws of Mauritius and France
| Date | 26 July 2024 |
| Pages | 80-92 |
| DOI | https://doi.org/10.1108/JMLC-04-2024-0064 |
| Published date | 26 July 2024 |
| Author | Bhavna Mahadew |
Limitation on payment by cash to
combat money laundering: a
comparative assessment of the
laws of Mauritius and France
Bhavna Mahadew
Department of Business, Management and Law,
University of Technology Mauritius, Port-Louis, Mauritius
Abstract
Purpose –The purpose of this article is to review the legislation on limitation on cash payment from a
comparative perspectivewith France. This legal provision has been the subjectof inconsistency and lack of
clarity forthe past two decades.
Design/methodology/approach –This paper uses a doctrinal legal research technique based on an
analysis of the law andhow it is interpretedin relation to Mauritius’s prohibition on cash payments. Section5
of the FIAMLA 2002 is interpreted in largepart by this assessment using legal precedents from the Supreme
Court and other Mauritius judicial authorities. France has been chosen as the comparative jurisdiction as it
has well-definedlegal framework on cash payment limitations in Europe.
Findings –The Mauritian judici ary has played a far more significant and active role than the French
judiciary. A cursory search reveals a dearth of case law concerning the interpretation of the pertinent
sections of the French Monetary and Financial Code concerning the prohibition on cash payments. The
French legal system places more emphasis on the kinds of transactions that are exempt, whereas the
Mauritius system plac es more attention on the entities th at are exempt, such as banks and other financial
organisations.
Originality/value –This paper fills in the gap that existson legal interpretation of legislation on limitation
on payment by cash in Mauritius. It originally contributes to legal literature on money laundering by
undertaking a comparisonbetween Mauritius and France for the benefitsof students and researchers around
the world.
Keywords Money laundering, Mauritius, France, Limitation of payment in cash, Judicial precedents
Paper type Research paper
1. Introduction
Professor James Meade projected a dismal vision of Mauritius’economic future in 1961,
when there were 650,000 peopleliving on the Island. His belief that Mauritius was locked in
a Malthusian trap and that any economic expansion and development would be extremely
limited was largely influenced by all the drawbacks associated with island states’tinysize.
Quite contrary to his prediction,since gaining its independence in 1968, Mauritius’economy
has grown from being low-income and dependent primarily on agriculture to becoming
diversified and upper-middle income, with expandingindustrial, financial, information and
communication technology and tourism sectors (World Bank, 2020). Annual growth has
been around 4% over the majority of the time since independence.This is partly attributable
to steady improvement in economic situations; from 1977 to 2008, growth revolved around
4.6% compared to a 2.9% averageacross sub-Saharan Africa. This compares very strongly
with other sub-SaharanAfrican countries (Vandemoortele and Bird, 2010).
JMLC
28,1
80
Journalof Money Laundering
Control
Vol.28 No. 1, 2025
pp. 80-92
© Emerald Publishing Limited
1368-5201
DOI 10.1108/JMLC-04-2024-0064
The current issue and full text archive of this journal is available on Emerald Insight at:
https://www.emerald.com/insight/1368-5201.htm
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