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Morocco Country Profile

General Information

Political Climate

King Mohamed VI's ascension to the throne after his father's death in 1999 was regarded by many as a milestone in Moroccan politics and, since then, Morocco has taken steps towards political liberalisation. Nonetheless, the country still faces a number of socio-political challenges, including the occurrence of both petty and grand corruption in economic as well as political sectors. 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 the unemployment in the country, better civil rights, and also a reduction in the power of the incumbent King Mohammed VI, according to 2011 articles by Reuters and The National. The demonstrations reflect similar protests in other Arab states. In March 2011, the King promised reforms of the judiciary, creation of a stronger role for parliament and political parties, and set up a committee to work with political parties, trade unions and civil society groups to draw up proposals by June 2011, according to Reuters. In what seems as a direct response to the public protests, a committee of ministers presided over by the King approved a draft law to protect whistleblowers and victims of corruption by public officials in early April 2011, as reported by an April 2011 article by Agence France-Presse.

The government is led by a coalition of Istiqlal, who won the majority of the votes, and the Social Union of Popular Forces (USFP). In the local elections in June 2009, the new Modernity and Authenticity Party (MAP) won more than 20% of the seats in local councils. The party was founded by former deputy interior minister Fouad el-Himma, a close associate to the King and, according to Freedom House 2010, the elections demonstrated how political power is increasingly being concentrated with the King. Concerns over vote buying, bribery and other irregularities during the elections were reportedly raised by some observers. The high incidence of corruption emanates from different circumstances, such as the legacy of the former government. 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 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, it is especially the real estate sector which is affected by this type of corruption. The Bertelsmann Foundation 2010 reports that the level of corruption in Morocco is also linked to the existence of a large informal sector, which is estimated to make up 40% of the economy and to failures in the justice system. Furthermore, significant drug trafficking in northern Morocco (the country is the world's largest producer and exporter of cannabis) 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 December 2008. According to a January 2010 article by Magharebia, the newly appointed Minister for Public Sector Modernisation has 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. Transparency International reports in the National Integrity System Morocco 2009 (in French) that the country has no law regulating conflict of interests between a minister's official functions and private activities. Ministers and parliamentarians are obliged to declare their assets, but declarations are not publicly available. Furthermore, the report states that the efficiency of the ICPC is limited as the agency is not entitled to investigate and prosecute corruption cases and that the government has failed to carry out concrete steps to fight corruption. However, in Transparency International's Global Corruption Barometer 2010, only 15.6% of the surveyed households consider the government's efforts in fighting corruption as ineffective and 16.6% consider them effective; while 59% of households believe the efforts are neither effective nor ineffective. According to the same survey, approximately 34% of the households report having paid a bribe the previous year, while more than 18% of them consider civil servants 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 2011 reports that the government has 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. According to the World Bank & IFC Enterprise Surveys 2007, companies do not consider corruption a significant problem in public procurement as only 6.4% expect to give gifts in order to secure a public contract.

Nevertheless, the private sector in Morocco is far from free of corruption. 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 2010-2011, the surveyed companies cite corruption to be among the most problematic factors for conducting business in the Morocco. 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. 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 in Morocco 2011, 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 2011 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. On the other hand, business executives surveyed in the World Economic Forum Global Competitiveness Report 2010-2011 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 same report indicates that the time and number of procedures required to start a company represent competitive business advantages for Morocco, thus painting a brighter picture of the regulatory environment. 

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 contravening 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 2010, 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. The Bertelsmann Foundation 2008 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 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 2011. 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 (TI's) Global Corruption Barometer 2010, according to which, less than a fifth of the surveyed households states that the judicial system is 'extremely corrupt', while in TI's Global Corruption Barometer 2009, more than one-third reports to have paid a bribe to the judiciary within the precedent year.

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 2009.

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 2011, Moroccan and foreign companies complain about inefficiency and lack of transparency in the judicial system. On the other hand, the commercial and appeals courts have improved the conditions for dispute settlement.

Political Corruption

According to Freedom House 2010, 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 2010 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 2008 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 cancelled by government members.

According to Transparency International National Integrity System Morocco 2009 (in French), the judiciary is hampered by corruption, an insufficient number of judges and a 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 2011:
- An average of 40 procedures, 615 days and 25.2% of the claim are required to enforce commercial contracts in Morocco.

World Economic Forum: The Global Competitiveness Report 2010-2011:
- 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 3.9 on a 7-point scale (1 'extremely inefficient' and 7 'highly efficient').

Transparency International: Global Corruption Barometer 2010:
- 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').

Transparency International: Global Corruption Barometer 2009:
- 39% of households who had contact with the judiciary in 2008 reported to have paid a bribe.

The World Bank & IFC: Enterprise Surveys 2007:
- 30% of companies surveyed indicate the functioning of the courts as a major constraint to doing business.

- 43.5% of companies believe that the court system is fair, impartial and uncorrupted.

Police

Individual Corruption

According to the US Department of State 2009, corruption and impunity are pervasive in the police force. Investigations are carried out, yet they seldom result in criminal proceedings or even disciplinary action. According to the report, the government prosecuted approximately 190 officers of the judicial police, the royal gendarmerie, the auxiliary forces, the royal navy, and prison guards for corruption during 2009. 

Several observers, such as Global Integrity 2008, highlight the traffic police as being particularly corrupt. 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.

The newspaper Bladi reported in June 2007 about seven police officers being arrested for extortion. The police officers stopped a Moroccan citizen in his car, pretending that they had been sent to arrest him for his supposed involvement in drug trafficking, and demanded MAD 100.000 to let him go.

Business Corruption

Companies report about a high level of corruption in the Moroccan police force. In addition, the World Economic Forum Global Competitiveness Report 2010-2011 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 who accept/demand bribes are often pressured to deliver a share of the bribes by their superiors at the end of the work day. 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 the same report, 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.

Several members of the security forces have been indicted for being linked to drug lords. In 2007, the police chief in the capital, Rabat, faced charges of participation in drug smuggling and prostitution rings. 

Frequency

World Economic Forum: The Global Competitiveness Report 2010-2011:
- 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:
- No households who had contact with the police in 2009 report to have paid a bribe.

Transparency International: Global Corruption Barometer 2009:
- 58% of households who had contact with the police in 2008 report to have paid a bribe.

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').

The World Bank & IFC: Enterprise Surveys 2007:
- Around 36% of the surveyed companies pay for security in Morocco.

- 3.4% of companies surveyed identify crime, theft and disorder as a major constraint on doing business.

Licences, Infrastructure and Public Utilities

Individual Corruption

In Transparency International's Global Corruption Barometer 2010, more than a quarter of the surveyed households report having paid a bribe in relation to their dealings with the education system over the past year. Also, citizens sometimes report either offering or being required to pay a bribe in connection with obtaining licences and permits.

Business Corruption

Dealing with licences in Morocco is cumbersome and time consuming. However, the process of starting a company is still relatively easy. Figures from the World Economic Forum Global Competitiveness Report 2010-2011 indicate that Morocco has a substantial competitive advantage in the region with regards to the time and number of procedures required to start a company.

On the other hand, observers note that permits are slow to be issued and that obtaining local government permits often requires the payment of bribes. Moreover, according to Global Integrity 2008, 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 2008 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 2011:
- 6 procedures are required to start a company, taking an average of 12 days and costing 15.8% of the income per capita.

- To construct a warehouse, a company is required to go through 19 procedures, taking 163 days and costing 251.5% of the income per capita.

World Economic Forum: The Global Competitiveness Report 2010-2011:
- 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:
- 26% of households who had contact with education system in 2009 report having paid a bribe.

- 2.8% of households who had contact with registry and permit services in 2009 report having paid a bribe.

- No households who had to obtain utilities or medical services in 2009 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').

The World Bank & IFC: Enterprise Surveys 2007:
- Of the companies surveyed none expect to give gifts in order to get an operating licence, while the number is 20% for getting an import licence and 15.3% for getting a construction permit.

- Only 9.3% of the companies surveyed perceive business licensing and permits as major constraints to doing business in Morocco.

- The percentage of companies that expect to give gifts to obtain utility connections is quite low compared to regional standards, with 4% expecting to give gifts to obtain a phone connection, while the numbers for obtaining an electricity connection and a water connection are 5% and 4.2% respectively.

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, no households who had contact with land authorities in 2009 report to have paid a bribe.

Freedom House 2006 reports that the state has confiscated ancestral tribal lands and provided inadequate compensation for expropriations. In cases of disputes between powerful persons and an ordinary citizen or group, the local administrations are likely not to defend the rights of the less powerful, especially if no written documents confirming the property rights are in existence.

Business Corruption

The Bertelsmann Foundation 2010 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.

Political Corruption

In a December 2010 article, 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 2011:
- Registering property requires 8 procedures, takes an average of 47 days and amounts to roughly 5% of the property value.

World Economic Forum: The Global Competitiveness Report 2010-2011:
- Business executives give the protection of property rights a score of 4.4 on a 7-point scale (1 'very weak' and 7 'very strong').

Transparency International: Global Corruption Barometer 2010:
- No households who had contact with land authorities in 2009 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 2009, a small part of Moroccan households reported having paid a bribe to tax officers the previous year. However, in Transparency International's Global Corruption Barometer 2010, no households who had contact with tax authorities in 2009 report to have paid a bribe. 

According to Freedom House 2007, 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.

Business Corruption

According to Global Integrity 2008, in practice, tax laws are seldom enforced uniformly or without discrimination in Morocco, and it is not uncommon for some groups, most notably well-connected individuals or companies, to consistently avoid paying taxes due to corruption and connections. This environment of arbitrariness in tax regulations could create opportunities for corruption.

Frequency

The World Bank & IFC: Doing Business 2011:
- A medium-sized company must make 28 tax payments and spend 358 hours per year managing the administrative burden of paying taxes.

World Economic Forum: The Global Competitiveness Report 2010-2011:
- Companies state that tax rates are among the five most problematic factors for doing business in Morocco.

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

Transparency International: Global Corruption Barometer 2009:
- 14% of households who had contact with tax revenue services throughout 2008 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').

The World Bank & IFC: Enterprise Surveys 2007:
- 17% of companies surveyed point to tax administration as a major constraint to doing business.

Customs Administration

Individual Corruption

According to Transparency Maroc Revue de presse 2009 (in French), customs officials at the port of Beni Nsar, on the border between Nador and Melilla, solicit bribes from individuals entering the country. Citizens who refuse to pay bribes may wait for hours before being allowed to cross the border. A Moroccan citizen has documented the systematic demand for bribes by customs officials at the same border in a video posted on YouTube.

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 2010 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 2011:
- A standard export shipment of goods requires 7 documents, takes an average of 14 days and costs USD 700 per container.

- A standard import shipment of goods requires 10 documents, takes an average of 17 days and a costs USD 1,000 per container.

World Economic Forum: The Global Enabling Trade Report 2010:
- Business executives give the efficiency of customs procedures (formalities regulating the entry and exit of merchandise) in Morocco a score of 4.1 on a 7-point scale (1 'extremely inefficient' and 7 'extremely efficient').

- Business executives give the transparency of border administration (pervasiveness of undocumented extra payments or bribes connected with imports and exports) a score of 3.6 on a 7-point scale (1 'extremely inefficient' and 7 'extremely efficient').

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 2011, 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 award 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.

Transparency International's Global Corruption Report 2007 further alleges that the construction of the large Hassan II mosque based on 'voluntary' contributions from the public and compulsory deductions of employees' salaries was marked by numerous irregularities.

Frequency

World Economic Forum: The Global Competitiveness Report 2010-2011:
- Business executives give the diversion of public funds to companies, individuals, or groups due to corruption a score of 3.4 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 3.3 on a 7-point scale (1 'always show favouritism' and 7 'never show favouritism').

The World Bank & IFC: Enterprise Surveys 2007:
- Only 6.4% of the surveyed companies expect to give gifts to win a government contract.

- The average value of a gift expected to secure a government contract is 0.29% of the contract value.

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 2008 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.

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.

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, extortion, bribing 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, according to the report, the attempt to engage in acts of corruption is not seen as a criminal offence by the law. The report also criticises a lack of legal protection for whistle-blowers. 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, both Arab and non-Arab, 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. On 2 April, a committee of ministers presided over by the King approved a draft law to protect whistleblowers and victims of corruption by public officials, as reported by an April 2011 article by Agence France-Presse. This move is seen as a direct response to the public protests and discontent with corruption, which have been sweeping the North African region since January 2011. 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 (in French) of the Ministry of the Public Sector Modernisation 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, as reported in a 2010 article by Reuters Africa. According to the article, 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. The plan has been criticised by Transparency Maroc, however, pointing to the fact that the government has not involved the ideas and views of business and civil society in the plan.

  • Anti-Corruption Agencies: In late 2008, the government established the Central Commission for the Prevention of Corruption (ICPC). 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. Transparency International states in the National Integrity System Morocco 2009 (in French) that 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. In July 2009, the ICPC released its first report, stating that it had received 21 valid corruption complaints, according to the US Department of State 2009. Investigations into these corruption matters continue. According to the 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 FIU 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 working towards obtaining membership of the Egmont Group, an international network of FIUs, in 2011.

  • 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, as evaluated by Global Integrity 2008, audit reports are not always acted on by the government. Furthermore, appointments to the Audit Court do not fully support its independence - they may sometimes be made based on political considerations, and appointed individuals may have clear professional loyalties. In 2008, the Audit Court conducted 245 audits of national government offices and services and 198 of local 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 2009.

  • 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 2008, the Ombudsman is sometimes influenced by political and personal incentives, such as personal and professional loyalties, but also possibly some abuses of power. Moreover, according to the report, the appointments are sometimes made based on political considerations, and appointed individuals may sometimes have clear professional loyalties.

  • 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.

  • 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 2009 notes that the decree could be improved by making it more precise, for example could establishing procedures 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 could be questioned, since companies guilty of major violations of procurement regulations are in practice 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: In spite of a comprehensive regulatory framework of anti-corruption laws, legal protection is absent for whistleblowers, anti-corruption activists and investigators who report cases of bribery and corruption, especially at the higher levels in the hierarchy. The higher the level a whistleblower takes action against in the hierarchy, the lower the chances of their security being protected. According to the Bertelsmann Foundation 2010, whistleblowers in the army who exposed corrupt practices of higher-level officers were prosecuted and given heavy prison sentences. Global Integrity 2008 assesses Morocco's whistle-blowing measures 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. Furthermore, critics have pointed to the lack of independence of the Central Commission for the Prevention of Corruption, unable to launch investigations or prosecutions without the consent of the Prime Minister. Nevertheless, the government's adoption of the two-year anti-corruption plan, containing a range of new anti-graft measures, is a positive step although it has been criticised for not engaging business and civil society.

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 the Bertelsmann Foundation 2010. According to the same report, 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. 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, the US Department of State 2009 alleges that a trend toward restricting freedom of the press emerged in the latter part of 2009, with a marked increase in media restrictions. According to the report, multiple human rights groups criticised the stream of criminal prosecutions, newspaper closings, and libel suits in 2009. For instance, in February 2009, journalist and blogger Hassan Barhoum was sentenced to six months in prison and a fine for circulating a petition accusing a local prosecutor of corruption and raising questions about authorities' involvement in the escape of a convicted drug baron. Subsequently, Barhoum was released from prison after he received a royal pardon. At the same time, the report notes that politically diverse newspapers continue to publish articles critical of high-level officials and government policies. Thus, the press has played a significant role in exposing corruption cases and in mobilising public opinion against corruption. The fear of legal punishment or extralegal 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. Reporters Without Borders 2010 ranks Morocco 127th out of 175 countries, while Freedom House 2010 ranks the country 149th out of 196 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 2010. 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 2010.

  • 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 whistleblowers 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 2011.

  • 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 are working on reducing corruption in the bureaucracy with support from government officials.

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:

 

Transparency CPI: 2011: 80/182 (Score: 3.4)

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): 2010: -0.16

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): 1996-2010.

OECD Country Risk Classification (0-7): 2011: 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.

Data Verification:

Publication date: April 2011

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) 537 769 932
Fax: +212 (0) 537 768 982
E-mail: rabamb(at)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)

9 Rue de Khénifra, Quartier Tour Hassan
P.O. Box 757
Rabat Agdal 10106

Tel: +212 (0) 537 764 084/085/086/
Fax: +212 (0) 537 764 088
E-mail: emb.rabat(at)mfa.no

Embassy.

Embassy of Sweden (in Swedish and French)

159 Avenue John Kennedy
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