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Morocco Country Profile

General Information

Political Climate

Morocco faces a number of socio-political challenges, including the occurrence of both petty and grand corruption in economic as well as political arenas. The general public believes that politicians are corrupt and merely in search of personal gain, which has led to deep public mistrust in the political system. In February and March 2011, thousands of Moroccans took to the streets of Moroccan cities, demanding an end to corruption, reforms to fight unemployment in the country, better civil rights, and also a reduction in the power of the incumbent King Mohammed VI. In March 2011, the King promised reforms, and as a consequence of the uprisings during the Arab Spring, the King held parliamentary elections, originally scheduled for 2012, in November 2011. The outcome of the elections reflected voters' dissatisfaction with unemployment and corruption, as the majority of seats went to the largest government opposition, the Justice and Development Party. In addition, the Parliament also in October 2011 passed a landmark law to protect trial witnesses and experts, as well as whistle-blowers.

An anti-corruption campaign carried out in 2001 revealed corruption and embezzlement in banking, social security, agricultural credits, public housing, state contracts, public companies, municipal councils, and even international aid projects. However, a December 2010 article by The Guardian argues, citing a leaked US Embassy report, that corrupt practices have become 'much more institutionalised' under King Mohammed VI, and that the royal family has been using public institutions to 'coerce and solicit bribes'. According to the article, this type of corruption particularly affects the real estate sector. Furthermore, significant drug trafficking in northern Morocco is conducive to corruption, and drug lords successfully bribe the police, judges and high-level officials within the security and customs services in order to smuggle drugs to Europe.

The problem of corruption in Morocco has been well publicised, and the country's outspoken media, civil society and successive governments have advocated launching a fight against corruption. This has led to the ratification of the United Nations Convention against Corruption (UNCAC) in 2007 and the creation of an anti-corruption commission (the ICPC, in French) in December 2008. However, the ICPC is not entitled to investigate and prosecute corruption cases, and therefore its efficiency is not limited, according to the Bertelsmann Foundation 2012. According to a January 2010 article by Magharebia, the Minister for Public Sector Modernisation had set up an inter-ministerial committee to oversee government actions against corruption. The committee has presented a series of recommendations, such as creating a hotline to receive complaints on corruption and developing a code of conduct for civil servants. The government has also carried out investigations against officials, many of which resulted in convictions. Nevertheless, these measures have been criticised of only targeting petty corruption. Also high profile cases and political cases have been promptly halted in order to avoid political embarrassment. In effect, the US Department of State 2011 reports that corruption is considered a serious problem in all branches of the government. Transparency International's National Integrity System Morocco 2009 reports that the country has no law regulating conflict of interests between a minister's official functions and private activities. Currently, a conflict of interest law is working its way through the legislative process, according to the American Bar Association Rule of Law Initiative. Ministers and parliamentarians are obliged to declare their assets, but declarations are not publicly available. According to Transparency International's Global Corruption Barometer 2010/2011, only 18% of the surveyed households consider the government's efforts in fighting corruption as effective. The surveyed households also identify public officials/civil servants as the most corrupt sector in Morocco, with more than 18.4% of the surveyed households consider this sector to be 'extremely corrupt'.

Business and Corruption

Morocco enjoys macroeconomic stability with low inflation, a large reserve of foreign exchange and a diminishing foreign debt. However, although the country has performed well in economic terms over the past few years, it still faces structural problems, including a heavy reliance on agriculture. Morocco is highly accommodating to both foreign and domestic investment, and the US Department of State 2013 reports that the government has actively sought to discuss with foreign investors how to improve the investment climate. Public procurement amounts to 15% of the country's GDP and is allegedly stained by corrupt practices with harmful consequences for both the cost and quality of public services, despite the fact that government tender processes have been reformed to enhance transparency. A new public procurement code has been in place since 2007, stating conditions and rules for the management and control of state procurement. The new code aimed to address the shortcomings of the 1998 procurement code in terms of competition and transparency in the procurement process. Freedom House 2011 comments that despite witnessing some progress in the procurement process, there is still considerable room for improvement in this area.

According to the Bertelsmann Foundation 2010, Morocco’s large informal sector and weak law enforcement against corruption are amongst the main reasons for the existing problem of widespread corruption. Corruption remains a major problem for the private sector in Morocco. In fact, corruption and red tape have been identified by both domestic and foreign companies as being major impediments to business operations. For instance, in the World Economic Forum Global Competitiveness Report 2012-2013, the surveyed companies cite corruption to be the third most problematic factor for doing business in Morocco, after inefficient government bureaucracy and access to financing. According to the report, public funds are sometimes diverted to companies, individuals or groups due to corruption and that government officials tend to show favouritism when deciding upon policies and contracts. In addition, companies behave unethically in interactions with public officials, politicians and other companies to the point that their behaviour constitutes a competitive disadvantage for the country. According to a March 2012 article by Magharebia, the Prime Minister has prioritised to fight corruption in granting of licences, housing and procurement. Amongst the measures that have been undertaken is strengthening the powers of the Competition Committee, whose mandate is to control unfair business. The chairman of the Committee states that corrupt practices have cost the national economy between 1 and 1.5% of the GDP. The Minister Delegate for General affairs and Governance assured that stamping out corrupt practices such as securing a public tender by 'a phone call' was one of the government's priorities. Of the companies surveyed in the World Bank & IFC Enterprise Surveys 2007, slightly more than 27% state that corruption is a major constraint to doing business in Morocco, while more than 13% expect to pay bribes to public officials to 'get things done'. Investors are strongly recommended to develop, implement and strengthen integrity systems and to conduct extensive due diligence before committing funds and when already doing business in Morocco.

Economic reforms have failed to materialise fully into increased investments, as many Moroccan investors lack confidence in the business environment. The Carnegie Endowment 2008 report on Morocco states that a majority of local entrepreneurs consider corruption to be the main obstacle to investment and economic development, and an understanding of the need to combat corruption is emerging within the private sector in Morocco. The General Confederation of Moroccan Entrepreneurs (CGEM) has taken several initiatives to raise awareness about corruption and the necessity of fighting it, for example, an anti-corruption committee has been set up and, in 2008, the CGEM has in a joint initiative with public authorities adopted the Moroccan Code of Good Practice for Corporate Governance.

Regulatory Environment

In line with its positive stance towards investment, Morocco has made tremendous efforts to improve its regulatory environment. To facilitate foreign investment, the government has created a number of Regional Investment Centres (in French) in 2002 in cooperation with USAID, to provide one-stop shops to minimise and accelerate cumbersome bureaucratic procedures. Several economic reforms have been implemented; modern laws have been passed to regulate the stock market and the banking industry, and the tax system has been somewhat simplified. Furthermore, bookkeeping and auditing procedures have been aligned to Western European standards. There is no formal screening or government selection process for foreign companies wishing to invest in Morocco, nor are there performance requirements. The government welcomes foreign participation in its privatisation programme, and the Investment Code from 1995 applies equally to foreign and local investors, although foreign investors are favoured in many areas, such as in foreign exchange provisions. Nevertheless, according to the World Bank & IFC Doing Business 2013, the country's excessive bureaucratic red tape continues to be a major constraint on the competitiveness of the economy and deters investors. 

Also the US Department of State 2013 pinpoints that the government's efforts to increase transparency in the regulatory system have not yet been fruitful, as the Moroccan administration remains opaque and difficult to navigate, and obtaining routine permits can be difficult. This view is also endorsed by Freedom house 2012, which reports that corruption remains institutionalised both in the public sector and in the business world despite the government's rhetoric on combatting widespread corruption. On the other hand, business executives surveyed in the World Economic Forum Global Competitiveness Report 2012-2013 give complying with administrative requirements (permits, regulations, reporting) issued by the government a score of 3.4 on a 7-point scale (1 'extremely burdensome' and 7 'not burdensome at all'). 

The legal framework concerning corruption, transparency and integrity seems to be in place, and the regulatory system itself is becoming increasingly transparent. However, allegations persist that regulatory agencies fail to discipline regulation-violating companies owned by highly influential persons and that regulations shown to jeopardise the entrenched interests of the higher circles of political and economic power are disregarded. As an illustration of this point, the Bertelsmann Foundation 2008 reports that the government passed legislation in 2001 to improve and regulate competition practices, and members of a competition council were already appointed by 2002. However, according to the Bertelsmann Foundation 2012, the council only has a consultative role, with the Prime Minister having the ultimate authority to decide whether or not to implement the council's recommendations. Furthermore, the council is used as an instrument for the executive to pick out the anti-competition cases it wants to prosecute, and is not functioning as an impartial institution. Nevertheless, a March 2012 article by Magharebia reports that the Competition Council has become recognised by the constitution and its powers have expanded. The article notes that the former initiatives are one of the measures that the new Prime Minister has undertaken to fight competitive irregularities in the Moroccan economy. In general, and according to the Morocco Rule of Law Assessment 2010, the widely held view is that corruption is tolerated in all sectors of the government and that political elites act with impunity. The assessment regarded corruption as one of the most significant challenges facing the country. The Bertelsmann Foundation 2012 points to the fact that the private sector is dominated by companies owned by the monarchy, which can easily evade regulations to their advantage and with impunity. According to a December 2010 article by The Guardian, which cites a leaked US embassy report, the Omnium Nord African (ONA), a holding company owned by King Mohammed VI, has regularly 'coerced' development project workers to grant beneficial rights to it. The article has described the King's involvement in business as lacking transparency and integrity.

Morocco has signed the New York Convention of 1958 (with reservations) on the Recognition and Enforcement of Foreign Arbitration Awards, and the Washington Convention, which provides for the use of the International Centre for the Settlement of Investment Disputes (ICSID). While Morocco's commercial and appeals courts have generally improved the dispute settlement climate, Moroccan and foreign companies continue to complain about the inefficiency and the lack of transparency in the judicial system, according to the US Department of State 2013. The same source reports that other shortcomings include legal procedures being inefficient and the courts being slow and unable to enforce legal rulings. As a result, foreign companies often settle disputes through arbitration instead of using local courts. Given these shortcomings, companies are advised to include arbitration clauses in all their contracts. Access the Lexadin World Law Guide for a collection of legislation in Morocco.

Judicial System

Individual Corruption

According to a March 2009 article by La Vie Éco, the use of intermediaries, or 'samsara', is widespread in the Moroccan court system. In exchange for a commission these middlemen go between the litigant and lawyers, police officers or judges in order to influence the judgment, or even prevent the case from being taken to court. The use of intermediaries testifies to a lack of trust in the judiciary system, which is also observed in Transparency International's Global Corruption Barometer 2010/2011, according to which, nearly one-fifth of the surveyed households states that the judicial system is 'extremely corrupt'.

Corruption among working-level clerks in the courts and a lack of knowledge about its provisions among lawyers also constituted obstacles, according to the US Department of State 2011.

Business Corruption

It is a widely held view among companies that the lack of reliability of the judiciary is an impediment to doing business. About one-third of the companies surveyed in the World Bank & IFC Enterprise Surveys 2007 state that the functioning of the courts in Morocco is a major constraint to doing business. Despite this perception, a larger proportion of the companies assess the court system as fair, impartial and uncorrupted, according to the same source.

According to the US Department of State 2013, Moroccan and foreign companies complain about inefficiency and lack of transparency in the judicial system. However, the same report also states that the commercial and appeals courts have improved the conditions for dispute settlement.

Political Corruption

According to Freedom House 2012, the courts are not free of political interference, as they are subject to government pressure and have been exploited to clamp down on government critics. The Bertelsmann Foundation 2012 states that the governing bodies of the judicial system are dominated by the King's appointees, and that the judiciary is occasionally used to punish dissenting voices.

Global Integrity 2010 further reports that the Minister of Justice has the final say in terms of rewarding or punishing judges that have engaged in acts of corruption. Some of the punitive measures taken against judges might serve to punish the independent judges. Similarly, measures taken against other judges might be dismissed by government members.

According to Transparency International's National Integrity System Morocco 2009 (in French), the judiciary is hampered by corruption, an insufficient number of judges, lack of resources and continued education. Pressure from superiors or relatives and low salaries are some of the main factors that make judges engage in corruption, and corrupt acts are often committed with impunity.

Frequency

The World Bank & IFC: Doing Business 2013:
- An average of 40 procedures, 510 days and 25.2% of the claim are required to enforce commercial contracts in Morocco.

World Economic Forum: The Global Competitiveness Report 2012-2013:
- Business executives give the independence of the judiciary from influences of members of government, citizens, or companies a score of 3.5 on a 7-point scale (1 'heavily influenced' and 7 'entirely independent').

- Business executives give the efficiency of both the legal framework for private companies to settle disputes and of the legal framework to challenge the legality of government actions and/or regulations a score of 4.0 and 3.8, respectively, on a 7-point scale (1 'extremely inefficient' and 7 'highly efficient').

Transparency International: Global Corruption Barometer 2010/2011:
- 17.3% of households surveyed consider the judiciary to be 'extremely corrupt'.

- On average, citizens give the judiciary a score of 3.5 on a 5-point scale (1 'not at all corrupt' and 5 'extremely corrupt').

Police

Individual Corruption

The US Department of State 2011 reports that corruption and impunity are pervasive in the police force, and that petty corruption is widespread amongst the police and gendarmes. Investigations are carried out, yet they seldom result in criminal proceedings or even disciplinary action. Despite that petty corruption is pinpointed as a problem, none of the surveyed Moroccan households in Transparency International’s Global Corruption Barometer 2010/2011 have reported that they have paid a bribe to the police between 2009 and 2010.

In 2008, the so-called 'Sniper of Targuist' posted amateur videos on YouTube showing gendarmes stopping car after car to extract bribes. The gendarmes were subsequently arrested, but the corrupt practices allegedly persist. However, this problem should be addressed, according to the US Department of State 2011, through the high royal directive issued by the King in 2010 that is aimed at modernising and professionalising the police force by improving the quality of recruits and reducing corruption. Several measures have been implemented. Since October 2010, for instance, traffic police started wearing photo identification so that citizens can report and document abuse.

Business Corruption

Companies report about a high level of corruption in the Moroccan police force, according to the US Department of State 2011. In addition, the World Economic Forum Global Competitiveness Report 2012-2013 reveals that companies identify Morocco to perform insufficiently in relation to the reliability of police services to protect them from crime. This is corroborated by the World Bank & IFC Enterprise Surveys 2007, which reveals that a substantial part of the surveyed companies pay for security in Morocco, while an insignificant part of these companies identifies crime, theft and disorder as major constraints to doing business in the country.

Political Corruption

Corruption in the police force is said to be a well-organised system enjoying the complicity of actors at all levels. According to Global Integrity 2008, traffic police officers that accept/demand bribes are often pressured to deliver a share of the bribes by their superiors at the end of the workday. If a traffic police officer fails to provide a superior with sufficient cash, the officer will most likely be transferred to another less lucrative area.

According to Global Integrity 2010, the law enforcement agencies are not protected from political interference. Likewise, appointments to the police are seldom based on professional criteria, and party loyalties or personal relationships are often considered. Moreover, some law enforcement officials, most often high-level figures, reportedly enjoy protection from criminal investigations.

Frequency

World Economic Forum: The Global Competitiveness Report 2012-2013:
- Business executives give the reliability of Moroccan police services with regard to enforcing law and order a score of 4.3 on a 7-point scale (1 'cannot be relied upon at all' and 7 being 'can always be relied upon').

Transparency International: Global Corruption Barometer 2010/2011:
- No households who had contact with the police between 2009 and 2010 report to have paid a bribe.

- Citizens give the police a score of 3.3 on a 5-point scale (1 'not at all corrupt' and 5 'extremely corrupt').

- 13.3% of surveyed household consider the police to be 'corrupt' or 'extremely corrupt'.

Transparency International: Bribe Payers Index 2008:
- Business executives give the level of corruption in the police a score of 3.4 on a 5 point scale (1 'not at all corrupt' and 5 'extremely corrupt').

Licences, Infrastructure and Public Utilities

Individual Corruption

According to Transparency International's Global Corruption Barometer 2010/2011, only a very small number of the surveyed households report having paid a bribe in order to obtain registry and permit services. In addition, none of the surveyed households report to have paid a bribe when getting utilities or medical services between 2009 and 2010.

The health care system in Morocco is also under harsh criticism as corruption also invades hospitals in the country. A corruption case, involving a doctor working at a hospital in Fez, stirred the attention of the country. A January 2012 article by Moroccan World News writes that social media has been used to fight corruption and has been used to catch, among others, the aforementioned doctor red-handed. According to the article, a video was circulated on YouTube showing the doctor illegally selling medication to a patient and negotiating and receiving a bribe in return for a fake medical certificate. The doctor was suspended from the Doctors' Union until the investigation was completed.

Business Corruption

Dealing with licences in Morocco is cumbersome and time-consuming, and the process of starting a company is still not easy. Figures from the World Economic Forum Global Competitiveness Report 2012-2013 indicate that Morocco has a disadvantage in the region with regards to the time and number of procedures required to start a company.

According to Global Integrity 2010, the issuing of a number of licences and permits is subject to preferential treatment and may include bribery. These include the right to have a taxi in the urban and inter-urban areas, transportation amenities, offshore and fishing rights, alcohol licences, and the use of natural sand, among others. According to the Transparency International Global Corruption Report 2009, due to extensive bureaucracy surrounding the building and construction sector, the procedure for obtaining a building permit is so long that project managers often resort to corrupt practices in order to speed up the process.

Another area for corrupt practices is the business inspections conducted by government officials. Thus, Global Integrity 2010 reports that, in practice, business inspections by government officials to ensure public health and safety standards are usually carried out in an arbitrary and ad-hoc manner, and bribes are often paid by companies in return for favourable treatment or expedited processing.

Frequency

The World Bank & IFC: Doing Business 2013:
- 6 procedures are required to start a company, taking an average of 12 days and costing 15.5% of the income per capita.

- To obtain a construction permit, a company is required to go through 15 procedures, taking 97 days and costing 220% of the income per capita.

World Economic Forum: The Global Competitiveness Report 2012-2013:
- Business executives give government regulations (permits, regulations, reporting) in Morocco a score of 3.4 on a 7-point scale (1 'extremely burdensome' and 7 'not burdensome at all').

Transparency International: Global Corruption Barometer 2010/2011
:
- 2.8% of households who had contact with registry and permit services between 2009 and 2010 report having paid a bribe.

- No households who had to obtain utilities and medical services between 2009 and 2010 report having paid a bribe.

- 26% of households who had contact with education system between 2009 and 2010 report having paid a bribe.

Transparency International: Bribe Payers Index 2008:
- Business executives give the level of corruption in the registry and permit services a score of 3.1 on a 5 point scale (1 being 'not at all corrupt' and 5 'extremely corrupt').

Land Administration

Individual Corruption

According to Transparency International's Global Corruption Barometer 2009, a considerable amount of Moroccan households consider bribes to land authorities to obtain favourable decisions a 'very serious problem' in Morocco. Moreover, a majority of the households perceive land matters to be distorted by grand and political corruption. However, in Transparency International's Global Corruption Barometer 2010/2011, no households who had contact with land authorities between 2009 and 2010 report to have paid a bribe.

Business Corruption

The Bertelsmann Foundation 2012 reports that private property rights are well defined and protected under Moroccan law. Nevertheless, it is also reported that rampant corruption within the judiciary hampers the enforcement of property rights. The report also notes that Morocco's performance regarding the protection of property rights is worse that the regional average of the Middle East and North Africa. 

Political Corruption

In a December 2010 article, The Guardian reveals, citing a media-leaked US embassy report, that corruption involving King Mohammed VI and the royal family within Morocco's real estate sector is reportedly widespread. According to the article, the royal family has been using Moroccan institutions to 'coerce and solicit bribes' in this sector. The article highlights the lack of transparency and integrity in the King's involvement in the real estate sector.

Frequency

The World Bank & IFC: Doing Business 2013:
- Registering property requires 8 procedures, takes an average of 75 days and amounts to roughly 5.9% of the property value.

World Economic Forum: The Global Competitiveness Report 2012-2013:
- Business executives give the protection of property rights a score of 4.6 on a 7-point scale (1 'very weak' and 7 'very strong').

Transparency International: Global Corruption Barometer 2010/2011:
- No households who had contact with land authorities between 2009 and 2010 report to have paid a bribe.

Transparency International: Global Corruption Barometer 2009:
- 77% of households consider grand or political corruption in land matters to be a 'very serious problem'.

- 66% of respondents consider bribes to land authorities to obtain favourable decisions a 'very serious problem' in Morocco.

Tax Administration

Individual Corruption

According to Transparency International's Global Corruption Barometer 2010/2011, no households who had contact with tax authorities between 2009 and 2010 report to have paid a bribe. 

According to Freedom House 2006, all employees in the formal sector have taxes deducted automatically from their salaries, yet Morocco does not have an effective internal audit system that can guarantee the accountability of tax collection. Moreover, a number of people working in the private sector, the informal sector and the underground economy hide their revenues from the state without fearing audits. This is also further supported by Bertelsmann Foundation 2010.

Business Corruption

According to Global Integrity 2010, the general tax code and its implementing decree fixed taxes according to objective criteria that used internationally accepted standards; these include business, turnover and reporting systems. Yet privileges are acquired through the means of fraud and corruption. Global Integrity 2010 further notes that an official report on the Morality of Public Life on Perceptions reports that a reorganisation of work processes with tax institutions has taken place through the computerisation of the management in order to establish more transparency.

Frequency

The World Bank & IFC: Doing Business 2013:
- A medium-sized company must make 17 tax payments and spend 238 hours per year at a cost of 49.6% total tax rate in managing the administrative burden of paying taxes.

World Economic Forum: The Global Competitiveness Report 2012-2013:
- Companies state that tax rates are among the top ten most problematic factors for doing business in Morocco.

Transparency International: Global Corruption Barometer 2010/2011:
- No households who had contact with tax revenue services between 2009 and 2010 report having paid a bribe.

Transparency International: Bribe Payers Index 2008:
- Business executives give the level of corruption in the tax revenue authorities a score of 2.9 on a 5 point scale (1 'not at all corrupt' and 5 'extremely corrupt').

Customs Administration

Individual Corruption

According to Transparency Maroc Revue de Presse 2009 (in French), customs officials at the port of Beni Nsar, solicit bribes from individuals entering the country. Citizens who refuse to pay bribes may wait for hours before being allowed to cross the border.

According to Transparency International's Global Corruption Barometer 2010/2011, almost all surveyed households suggest that they did not pay a bride to customs service between 2009 and 2010. Only less than one out of ten surveyed household state that they prefer not to answer. 

Business Corruption

Customs administration is considered as prone to corruption by companies as well as individual citizens. According to Global Integrity 2008, the customs agency is sometimes involved in corruption, and there are reports that some companies and institutions are granted preferential treatment.

In addition, the World Economic Forum Global Enabling Trade Report 2012 points out that time-consuming bureaucracy related to trade across borders opens the way for public officials to demand bribes in Morocco. For example, trade is impeded by customs procedures that lack efficiency, and exporting and importing require time-consuming paperwork to clear goods at the border. Corruption and bribery in these processes are not uncommon.

Political Corruption

Drug trafficking is a major problem in Morocco, one of the world's largest cannabis producers. The US Department of State 2011 reports that corruption related to the trafficking of drugs is to be found among governmental, judicial and law enforcement officials, despite the government's comprehensive counternarcotics strategy.

Frequency

The World Bank & IFC: Doing Business 2013:
- A standard export shipment of goods requires 6 documents, takes an average of 11 days and costs USD 577 per container.

- A standard import shipment of goods requires 8 documents, takes an average of 16 days and a costs USD 950 per container.

World Economic Forum: The Global Competitiveness Report 2012-2013:
- Business executives give the burden of customs procedures a score of 4.5 on a 7-point scale (1 'very weak' and 7 'very strong'). 

Transparency International: Global Corruption Barometer 2010/2011:
- 99.1% of households who had contact with custom service between 2009 and 2010 have not paid bribe.

- 0.9% of households who had contact with custom service between 2009 and 2010 prefer not to answer. 

Transparency International: Bribe Payers Index 2008:
- Business executives give the level of corruption in the customs a score of 3.1 on a 5 point scale (1 'not at all corrupt' and 5 'extremely corrupt').

Public Procurement and Contracting

Business Corruption

Public procurement in Morocco is marked by a lack of transparency, lack of competition and collusion between public officials and the private sector in selection processes, as noted in the Transparency International Global Corruption Report 2009. This both increases the risk of corruption and may have serious consequences for the price and quality of the public services.

According to the US Department of State 2013, Morocco has sought, with limited success, to increase the transparency of its public tenders. However, recent efforts to decentralise the procurement process have seen only limited implementation, as suggested by the report. Companies are recommended to use a specialised public procurement due diligence tool in order to reduce corruption risks related to public procurement in Morocco.

See more on public procurement under 'Public Anti-Corruption Initiatives' in the Initiatives section.

Political Corruption

According to Transparency International's National Integrity System Morocco 2009 (in French), public procurement in Morocco is marred by corruption, for example in the form of giving gifts. Transparency Maroc also reports in Transparency News June 2009 (in French) that the public procurement sector suffers from several irregularities such as lack of access to information on tenders, disrespect of disclosure requirements and favouritism in the choice of bidders. In several cases, high-ranking public officials have been indicted with corruption charges, for example the Secretary General of the Ouad Ifrane municipality was revoked due to irregularities and the former mayor of Meknès was dismissed in 2009 by the Ministry of the Interior and sued for violating the regulations governing the awarding of public contracts.

According to Transparency International's Global Corruption Report 2007, military procurement contracts are not regulated by the law on public contracting, which entails a lack of oversight in this sector. The defence budget, which represents an important part of the state budget, is approved by the executive without being subject to debate in Parliament, and there is no transparency in the management of the defence budget.

See more on public procurement under 'Public Anti-Corruption Initiatives' in the Initiatives section.

Frequency

World Economic Forum: The Global Competitiveness Report 2012-2013:
- Business executives give the diversion of public funds to companies, individuals, or groups due to corruption a score of 3.7 on a 7-point scale (1 'very common' and 7 'never occurs').

- Business executives give the favouritism of government officials when deciding upon policies and contracts a score of 3.6 on a 7-point scale (1 'always show favouritism' and 7 'never show favouritism').

Environment, Natural Resources and Extractive Industry

Business Corruption

Companies report that bribery is not uncommon when dealing with environmental inspections in Morocco. For instance, Global Integrity 2010 reports that business inspections by government officials to ensure public environmental standards are usually carried out in an arbitrary and ad-hoc manner, and bribes are extracted from companies in return for favourable treatment or expedited processing. 

A February 2013 news article published by Morocco News Board suggests that corruption is rampant in the sand quarrying business in Morocco. They are often controlled by some well-connected people who have privileged access to natural resources in the country, and the sand quarrying business often takes place in unregulated manners. 

Political Corruption

According to the Transparency International Global Corruption Report 2007, the army exerts control over the fishing industry and polices the catches of Moroccan and EU trawlers. Apparently, high-ranking officials in the military and in the security agencies, along with their family members, are owners of the companies that export fish to Spain. The financial involvement of these individuals charged with overseeing compliance with fishery conservation policies represents a serious conflict of interest.

Morocco is the world's largest exporter of phosphate and according to the Bertelsmann Foundation 2012, this industry is controlled by the royal family and the '500 families' who monopolise the larger, multi-sector industries and are close associates to the monarch in Morocco. These influential families enjoy undue advantages as they are most likely to win public bids and contracts, and furthermore, enjoy immunity for corrupt practices.

Public Anti-Corruption Initiatives

  • Legislation: Morocco ratified the United Nations Convention against Corruption in May 2007. However, Morocco is the only African country not to have signed the African Union Convention on Preventing and Combating Corruption. Articles 241 to 256 of the Criminal Code criminalise corruption, both active and passive, and punishments range from fines to jail sentences. Attempted corruption, extortionbribing a foreign public official, and abuse of office are also criminalised. Morocco criminalised money laundering in May 2007 under the AML Law No. 43-05 (in French). It covers concealing and altering goods originating from trafficking, corruption, extortion, influence peddling, and misappropriation of public and private property. The law provides for the establishment of the Processing Unit of Financial Intelligence. According to a July 2010 article by Magharebia, citing a 2010 report by the Central Commission for the Prevention of Corruption (ICPC), Morocco's anti-corruption legislation has a number of loopholes. For example, the attempt to engage in acts of corruption is not seen as a criminal offence by the law. Furthermore, there allegedly exists no legislative framework to guarantee access to information. Another problem concerns the fact that the electoral code does not oblige parliamentary candidates to present a list of expenditures to the verification board, and does not require the board to publish its report. Also, the ICPC argues that legislation on the declaration of assets remains incomplete; reportedly, the law does not stipulate any obligation to declare the assets of immediate family members. The ICPC report recommends adoption of an overall anti-corruption strategy that includes more than just punitive measures, according to Magharebia. Also a May 2009 Working Paper by the Oxford Department of International Development (ODID) offers an evaluation of the Moroccan legal anti-corruption framework. According to this report, Morocco's adoption of anti-corruption legislation lags behind many other countries, and the country needs to modernise its criminal, civil and administrative codes. The decree on the ICPC is seen by the ODID as a step in the right direction, even though further amendments to the decree are needed and would eventually make the agency more effective by providing it with the power to conduct performance and compliance audits. In a positive step towards combatting corruption, Parliament in October 2011 passed a landmark law to protect whistleblowers as well as trial witnesses and experts. In addition, according to a November 2011 article by the ABA Rule of Law Initiative, the same year Morocco also passed the Freedom of Information Act, and the Conflict of Interest Law is currently working its way through the legislation process. Access the Lexadin World Law Guide for a collection of legislation in Morocco
  • Government Strategies: The Moroccan government drafted a national cross-sector action plan to combat corruption in 2005. The action plan outlines 6 focus areas of intervention, namely the anchoring of anti-corruption values and norms in society, the institutionalisation of the strategy of prevention, strengthening transparency in public procurement, strengthening of control and auditing mechanisms, simplifying the administrative procedures, and finally awareness raising. Access the website of the Ministry of the Public Sector Modernisation (in Arabic and French) for more information. The action plan has incorporated many demands from civil society, notably from Transparency Maroc, and the action plan in itself has been praised by observers. And while for instance administrative procedures have in some cases been simplified, the implementation of the action plan is still lagging behind in many other areas. In mid-October 2010, the Moroccan government unveiled a two-year anti-corruption plan, which includes over 40 new anti-graft measures. According to a 2010 article by Reuters Africa, these measures include asset declarations for top state officials, government protection of whistle-blowers, anti-corruption classes in schools and channels for the public to report graft and extortion by government officials. However, the plan has been criticised by Transparency Maroc, pointing to the fact that the government has not involved the ideas and views of business and civil society. Morocco is currently the chair of the Arab Anticorruption and Integrity Network. The Deputy Assistant Secretary of the Bureau of International Narcotics and Law Enforcement Affairs in his 2011 statement, praised Morocco for contributing to important activities in the MENA region, referring to the June 2011 Conference for Multi-stakeholder Dialogue on Anti-corruption which was also hosted by Morocco. According to a June 2011 article by Morocco Tomorrow, the conference served as a regional platform to reflect on the on-going developments in the Middle East and North Africa and the public demands for government reforms. Regional and international corruption experts participated in the conference, which was held with the joint support of the OECD and UNDP. Moreover, the Moroccan Government also in December 2012, launched an anti-corruption awareness campaign, which aims to raise anti-corruption awareness among the public as well as to enhance the government's role in fighting corruption, according to a 2012 news article from AllAfrica.

  • Anti-Corruption Agencies: In late 2008, the government established the Central Authority for the Prevention of Corruption (ICPC - L´instance Centrale de la Prévention de la Corruption). The ICPC has been criticised by observers for having a mandate which limits itself to corruption prevention and is therefore not in a position to receive or act on complaints. Moreover, the ICPC is subject to political influence given that the chairman is appointed by the King and that the agency belongs under the Prime Minister. According to Global Integrity 2010, the independence of the ICPC is not only limited by political interference, but also by a critically small budget as well as insufficient human resources. According to Transparency International's National Integrity System Morocco 2009 (in French), due to the lack of independence and investigative powers, the ICPC is merely a consultative institution with a responsibility of raising awareness about corruption and gathering information. The US Department of State 2011 also states that the ICPC has no authority to require the government to respond to corruption cases. Despite the challenges, Global Integrity 2010 notes that the ICPC has been relatively active in fighting corruption in recent years, and its authority has been able to regulate and manage cases and investigations independently without negative influence from other parties. According to the same report, officials attributed the low number of complaints partially to the lack of legislation protecting plaintiffs and witnesses in corruption cases.

  • Processing Unit of Financial Intelligence (UTRF): The Moroccan UTRF was established in April 2009 as provided by the law on money laundering and was operational six months later. The UTRF is entitled to collect financial information and coordinate the means of action of investigating authorities and public agencies as well as advising the government and proposing reforms with regard to anti-money laundering. The UTRF is a member of the Egmont Group, an international network of FIUs.

  • General Inspection of Finances (IGF): The IGF was established by law in 1960. The IGF conducts audit and oversight of the activities of the public institutions and funds received from international donors. The IGF, which is placed within the Ministry of Finance, conducts investigations and publishes reports.

  • Audit Court (al Majlis al A'laa lil Hissabaat): The Audit Court was established by law in 1979 and was given the status of a constitutional body in 1996. The Audit Court assists Parliament and assesses local, regional and national accounts. It publishes and presents annual reports to the King and the reports' conclusions are widely published in the media. However, Bertelsmann's Foundation 2012 suggests that the published documents of mismanagement are not always followed up by the authorities. The court's report was generally critical of the level of accountability and corruption in government services, according to the US Department of State 2009. The report levied specific criticism against the Ministry of Health, the National Investment and Development Fund, and several local mayors for being involved in rampant corruption. As a result, the government investigated the mayor of Meknes on charges of mismanaging funds, resulting in his removal from office in January 2009, according to the US Department of State 2010.

  • Office of the Ombudsman (Diwan Al Madhalim): Morocco has an Ombudsman institution, which was set up by Royal Decree no. 1-01-298 of December 2001. The institution is in charge of overseeing the actions of the Moroccan administration and working for the rule of law. Transparency International assesses in the National Integrity System Morocco 2009 (in French) that the institution has a certain impact on the fight against corruption with regard to identifying corruption risks and proposing measures for improvement. According to Global Integrity 2010, the Office of the Ombudsman in Morocco is relatively effective, and allows the public to easily access information and findings. However, the Ombudsman still lacks authority in terms of initiating investigations and imposing penalties on offenders.

  • E-Governance: A wide range of government services can be accessed online. The Administration of Customs and Indirect Taxes (in French), the National Fund for Social Security (CNSS, in French), the Office for Industrial and Commercial Property (OMPIC, in French), the Directorate for Investment (in French), Public Procurement (in French), the Ministry for Modernisation of the Public Sectors (in Arabic), the Secretariat General of Government (in French and Arabic), and the Ministry of Economy and Finance (in French) all offer online services to individuals and companies.

  • Public Procurement: The Public Procurement Decree which was passed in December 1998 to improve the bidding and audit procedures for public contracts has been replaced by Decree 2-06-388 of February 2007 which addresses some of the loopholes in the former decree. The decree aims at establishing transparency in the procurement system and introduces measures to reduce fraud and corruption. Transparency International's Global Corruption Report 2009 notes that the decree could be improved by making it more precise, for example, establishing procedures could be added, thus making statements of principle more concrete. According to the Public Procurement Decree, major procurements do not require competitive bidding, but strict formal requirements limit the extent of sole sourcing. In law, unsuccessful bidders can instigate an official review of procurement decisions, and they can challenge the concrete procurement decision in court. Generally, the effectiveness of the decree on procurement is questionable, since companies found guilty of corruption are not prohibited from participating in future procurement bids, according to Global Integrity 2008. Access the Portal for Public Procurement (in French) for information concerning tenders.

  • Whistle-Blowing: Before a new law on whistle-blower protection came into force in October 2011, citizens who reported corruption were vulnerable to retaliatory actions. For example, the Bertelsmann Foundation 2010 reports that whistle-blowers in the army who exposed corrupt practices of higher-level officers were prosecuted and given heavy prison sentences. The US Department of State 2011 also notes that officials attributed the low number of complaints partially due to the lack of legislation protecting plaintiffs and witnesses in corruption cases. Nevertheless, according to a November 2011 news article published by the ABA Rule of Law Initiative, a landmark law which aims to protect whistle-blowers as well as trial witnesses and experts was passed by Parliament in October 2011, marking an important step towards curbing corruption. The law also ensures the safety of whistle-blowers as well as their families through various mechanisms, such as new identities and safe houses. Global Integrity 2010 assesses Morocco's whistle-blowing measures, prior to the enactment of the new law, to be 'very weak'.

  • General Comments on the Public Anti-Corruption Initiatives: Morocco's auditing bodies have been praised by foreign observers as independent and professional, yet there is not enough follow-up on the reports published by the General Inspection of Finances, which also lacks sufficient funding. However, there are some positive developments regarding he Central Authority for the Prevention of Corruption (ICPC), which has been actively engaging in the fight against corruption. Similar positive developments can also be found regarding the Office of the Ombudsman as well as ICPC's anti-corruption legislation. For instance, the passage of a new whistle-blower protection law and the Freedom of Information Act, as well as the Conflict of Interest Law is currently in the legislation process.

Private Anti-Corruption Initiatives

  • Media: Article 9 of the Moroccan Constitution clearly stipulates freedom of opinion and of expression in all forms. However, Morocco's Press Law of 2002 gives the Ministry of Interior and the Prime Minister the power to supervise the media, and Article 29 of the law enables the Prime Minister to suspend a publication if it undermines Islam, the monarchy, national integrity or the public order, according to Freedom House 2012. According to the Bertelsmann Foundation 2012, the authorities have sometimes responded quite harshly to journalists overstepping the red lines of expression by banning publications, imprisoning journalists and editors or imposing significant fines for defamation and other press offences. Global Integrity 2010 reports the media have historically been under tight control by the monarchy, but under King Mohamed VI, the monarchy's control over the media has relaxed and the media have become increasingly outspoken and many independent journalists are constantly attempting to break the political and social taboos. Nevertheless, Freedom House 2012 reports that freedom of the press in Morocco has continued to deteriorate, and the US Department of State 2011 notes that 154 journalists and media outlets faced criminal proceedings this year, a very significant increase compare to the previous year. According to Global Integrity 2010, the media sector itself suffers from a lack of integrity, as a new generation of journalists are involved in petty corruption. The report notes that media funding lacks transparency due to journalists' low salaries, yet praises that certain influential members in Morocco dispose of luxurious lifestyles. These undocumented revenues, according to the report, derive from bribes and extortion. The report also states that the fear of legal punishment or extra-legal intimidation causes a high degree of self-censorship among Moroccan journalists. The broadcast media are either dominated by the state or reflect the official government line, although the government does not impose any restrictions on the purchase of satellite dishes, which give access to a wide number of foreign broadcasts. Apart from a few West Saharan websites, access to the Internet is unrestricted; yet, internet freedom has its limitations. Reporters Without Borders 2013 ranks Morocco 136th out of 179 countries, while Freedom House 2012 ranks Morocco 153rd out of 197 countries and describes its press environment as 'not free'.

  • Civil Society: A large number of NGOs operate in Morocco. They primarily deal with social issues, but also women's rights and human rights, according to the Bertelsmann Foundation 2012. They are often located in the proximity of Casablanca and Rabat and are, thus, primarily an urban phenomenon. The government has encouraged and allowed the formation of numerous NGOs, although the Ministry of Interior retains the right to dissolve associations, and reports persist that it has prevented unwanted organisations, mainly Islamist ones, from operating by denying them approval. In addition, while NGOs in Morocco operate with more freedom than in many other Arab states, civil groups that offend the government face harassment, according to the Bertelsmann Foundation 2012.

  • Transparency Maroc (TM, in French): TM, a national chapter of Transparency International, was established in 1996. TM publishes reports, analyses and reports on corruption; provides recommendations to public institutions; and is active in the field of awareness-raising, training and education. Moreover, TM opened a National Corruption Monitoring and Transparency Development Centre in Casablanca in the beginning of 2008. The centre's activities include informing public policy on prevention of corruption, gathering data on corruption, governance and transparency as well as producing reports and press reviews, which are available on TM's website. Furthermore, TM has established a centre for legal assistance with regard to anti-corruption (Centre d'Assistance Juridique Anti-Corruption) that provides legal advice to whistle-blowers and victims of corruption.

  • General Confederation of Moroccan Enterprises (CGEM, in French): The CGEM set up an anti-corruption committee in 2006. The CGEM focuses on training, awareness-raising, relations with public authorities and identifying sector-specific priorities. It has prepared a Corruption Risk Map describing corruption risks in relation to electricity procurement contracts. In a joint initiative with public authorities, the CGEM adopted the Moroccan Code of Good Practice for Corporate Governance (in French). In 2010, an anti-corruption hotline was introduced under the auspices of the CGEM, according to the US Department of State 2012.

  • Arabian Alliance for Combating Corruption (AACC): The AACC is an alliance of CSOs dedicated to fight corruption. It comprises several Arab countries, including Morocco, and is headed by the Yemenite Human Rights Information Training Center (in Arabic). The main aim of the AACC is to raise awareness about the risks of corruption and to enhance the role of CSOs in combating it. The AACC is organising capacity building sessions to empower CSOs in their fight against corruption.

  • Network Against Corruption (NAC): The NAC is comprised of 46 Moroccan NGOs, including Transparency Maroc, that have joined efforts on reducing corruption in the bureaucracy with support from government officials.

  • Ethical Customs Observatory/Private Sector (in French): The Observatory was established in January 2010 as a public-private cooperation between the customs administration, the ICPC, the General Confederation of Moroccan Enterprises (CGEM), Association of Freight Forwarding in Customs (ATADM) and Transparency Maroc with the aim of analysing the compliance of the customs and private enterprises with ethical principles and presenting proposals for reforms that will enhance transparency and help to fight corruption within the customs. The Observatory issues annual reports on the results of its work.

 

Resources

The websites listed below provide useful facts on Morocco as well as contacts and tools for companies operating in Morocco:

 

Sources for further reading:

Conventions and Indices

UNCAC Status: Signed 9 December 2003. Ratified 9 May 2007.

Status on UNCAC Implementation
This field describes the country's status on the United Nations Convention against Corruption. Please note any declarations and reservations made upon ratification. The list of signatories can be found on the UNODC website. Read more about the UNCAC.

Other Relevant Conventions or Treaties:

 

OECD Country Risk Classification (0-7): 2013: 3

Country Risk Classification
The classification of countries by risk category has the aim of providing OECD countries with a basis for calculating the premium interest rate to be charged to cover the risk of non-repayment of export credits. Countries are placed in risk categories 0 - 7, with 0 being the lowest risk category and thus the least expensive. Conversely, premium group 7 is the highest risk category. Each classification is comprised of 2 components: 1) an assessment of the country's economic/financial situation, and 2) its overall political stability. Access the complete list of OECD Country Risk Classification figures.

Transparency CPI: 2012: 88/174 (Score: 37)

Transparency CPI
This field consists of the score for the country in question on the Corruption Perceptions Index from Transparency International as well as its ranking.

World Bank CORR Index (-2.5 - +2.5): 2011: -0.26

World Bank Corruption Index
This field consists of the score for the country in question on the 'Control of Corruption' indicator in the World Bank Governance Research Indicator Country Snapshot (GRICS): 1996-2011.

Data Verification:

Publication date: March 2013

Data verified by: Global Advice Network

Information Network

 


Relevant Organisations

 

Transparency Maroc (in French)

24 Blvd de Khouribga, 3rd Floor
Casablanca 20000

Tel: +212 (0) 522 542 699
Fax: +212 (0) 522 451 391
E-mail: transparency(at)menara.ma

National chapter of Transparency International.

Confédération Générale des Entreprises du Maroc (CGEM, in French)

23 Blvd Mohamed Abdou
Quartier Palmiers
Casablanca

Tel: +212 (0) 522 997 000
Fax: +212 (0) 522 983 971
E-mail: cgem(at)cgem.ma

Business association that defends its members' interests. Provides technical assistance and information to its members and promotes transparency and free competition.

 


Partner Embassies

 

Embassy of Denmark (in Danish and French)

14 Rue Tidders Angle Rue Roudana
Quartier Hassan
Rabat 10020

Tel: +212 (0) 537 665 020
Fax: +212 (0) 537 665 021
E-mail: rbaamb@um.dk

Embassy.

Embassy of the Netherlands (in Dutch and French)

40 Rue de Tunis
Quartier Tour Hassan
Rabat

Tel: +212 (0) 537 219 600
Fax: +212 (0) 537 219 665
E-mail: rab(at)minbuza.nl

Embassy.

Embassy of Norway (in French)

6 Rue Beni Ritoune, Souissi
Rabat

Tel: +212 (0) 537 664 200
E-mail: emb.rabat(at)mfa.no

Embassy.

Embassy of Sweden (in Swedish and French)

Ambassade de Suède
P.O. Box 428
Rabat 10001

Tel: +212 (0) 537 633 210
Fax: +212 (0) 537 758 048
E-mail: ambassaden.rabat(at)foreign.ministry.se

Embassy.

British Embassy (in English and French)

28 Avenue S.A.R. Sidi Mohammed
Soussi 10105
P.O. Box 45
Rabat

Tel: +212 (0) 537 633 333
Fax: +217 (0) 537 758 709
E-mail: Rabat.Consular(at)fco.gov.uk

Embassy.

Embassy of Austria

2 Zankat Tiddas
P.O. Box 135
Rabat

Tel: +212 (0) 537 764 003 / 761 698 / 660 654
Fax: +212 (0) 537 765 425
E-mail: rabat-ob(at)bmeia.gv.at

Embassy.

Country Profile Sources

General Information Sources

Corruption Levels Sources

Judicial System

Police

Licences, Infrastructure and Public Utilities

Land Administration

Tax Administration

Customs Administration

Public Procurement and Contracting

Environment, Natural Resources and Extractive Industry

Public Anti-Corruption Initiatives Sources

Private Anti-Corruption Initiatives Sources