OMAN
Since July 2019
Since December 2020, last amended in 2024
Since December 2020, last amended in 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Royal Decree 50/2019 on Foreign Capital Investment Law
مرسوم سلطاني رقم ٥٠ / ٢٠١٩ بإصدار قانون استثمار رأس المال الأجنبي
Ministry of Commerce, Industry and Investment Promotion (MOCIIP) Ministerial Decision No. 209/2020
وزارة التجارة والصناعة وترويج الاستثمار: قرار رقم ٢٠٩ / ٢٠٢٠ بتحديد قائمة الأنشطة المحظور مزاولة الاستثمار الأجنبي فيها
مرسوم سلطاني رقم ٥٠ / ٢٠١٩ بإصدار قانون استثمار رأس المال الأجنبي
Ministry of Commerce, Industry and Investment Promotion (MOCIIP) Ministerial Decision No. 209/2020
وزارة التجارة والصناعة وترويج الاستثمار: قرار رقم ٢٠٩ / ٢٠٢٠ بتحديد قائمة الأنشطة المحظور مزاولة الاستثمار الأجنبي فيها
According to Royal Decree No. 50/2019, foreign investment is prohibited in those activities included in a so-called “negative list.” Ministerial Decision No. 209/2020 of the Ministry of Commerce, Industry and Investment Promotion (MOCIIP) establishes this negative list of investments, which restricts foreign participation in specific sectors to safeguard national security interests. The list currently comprises 128 activities, including the retail sale of mobile phones, their accessories, and telecommunications service cards licensed in the Sultanate.
Coverage Retail sales of mobile phones, their accessories and cards of telecommunications services
Sources
- https://web.archive.org/web/20220304033631/https://mjla.gov.om/eng/legislation/decrees/details.aspx?Id=1091&type=L
- https://web.archive.org/web/20220119015037/https://mjla.gov.om/eng/legislation/decisions/details.aspx?Id=1576&type=D
- https://web.archive.org/web/20230324165514/https://www.pwc.com/m1/en/tax/documents/2020/oman-new-foreign-capital-investment-law-prohibited-activities.pdf
- https://web.archive.org/web/20240305025908/https://www.dentons.com/en/insights/articles/2021/january/27/oman-issues-a-list-of-activities-prohibited-from-foreign-ownership-under-the-fcil
- https://web.archive.org/web/20250614113227/https://www.tamimi.com/news/oman-foreign-investment-definitive-list-of-prohibited-activities-issued/
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OMAN
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.13%
Coverage rate of zero-tariffs on ICT goods (%)
50.78%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
MOROCCO
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Morocco has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
MOROCCO
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Morocco has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
MOROCCO
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Morocco has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
MOROCCO
Since November 2007
Since December 2020
Since December 2020
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Law No. 53-05 on the Electronic Exchange of Legal Data, Promulgated by Decree No. 1-07-129 of 30 November 2007 (Dahir No. 1-07-129 du 19 kaada 1428 (30 novembre 2007) portant promulgation de la loi No. 53-05 relative à l'échange électronique de données juridiques)
Dahir No. 1-20-100 of 16 Joumada I 1442 (31 December 2020) promulgating Law No. 43-20 on trusted services for electronic transactions (Dahir N° 1-20-100 du 16 joumada I 1442 (31 décembre 2020) portant promulgation de la loi N° 43-20 relative aux services de confiance pour les transactions électroniques)
Dahir No. 1-20-100 of 16 Joumada I 1442 (31 December 2020) promulgating Law No. 43-20 on trusted services for electronic transactions (Dahir N° 1-20-100 du 16 joumada I 1442 (31 décembre 2020) portant promulgation de la loi N° 43-20 relative aux services de confiance pour les transactions électroniques)
According to Art. 13 of Law No. 53-05, relating to the electronic exchange of legal data, the import, export, supply, operation, or use of means or cryptographic services is subject to a prior statement and prior approval from the authority.
Moreover, pursuant to Art. 46 of Law No. 43-20 on Trusted Services for Electronic Transactions, in order to safeguard national defence and state security, the import, export and supply of cryptographic means, as well as the provision of cryptographic services, are subject to regulatory control. Specifically: (i) a prior declaration to the national authority is required where the sole purpose of such means or services is to authenticate a transmission or ensure the integrity of electronically transmitted data; and (ii) prior authorisation from the national authority is required where their purpose differs from that set out in point (i) above.
Moreover, pursuant to Art. 46 of Law No. 43-20 on Trusted Services for Electronic Transactions, in order to safeguard national defence and state security, the import, export and supply of cryptographic means, as well as the provision of cryptographic services, are subject to regulatory control. Specifically: (i) a prior declaration to the national authority is required where the sole purpose of such means or services is to authenticate a transmission or ensure the integrity of electronically transmitted data; and (ii) prior authorisation from the national authority is required where their purpose differs from that set out in point (i) above.
Coverage Cryptographic services
Sources
- https://web.archive.org/web/20210124185246/https://droitmaroc.wordpress.com/2008/01/29/loi-n%C2%B0-53-05-relative-a-lechange-electronique-de-donnees-juridiques-integrale/
- https://web.archive.org/web/20220122110652/https://adala.justice.gov.ma/production/html/Fr/188896.html
- https://web.archive.org/web/20250708073912/https://www.dgssi.gov.ma/en/loi-ndeg43-20-relative-aux-services-de-confiance-pour-les-transactions
- https://web.archive.org/web/20250722144702/https://freedomhouse.org/country/morocco/freedom-net/2024
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MOROCCO
Since August 2011
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Law No. 24-09 Relating to the Safety of Products and Services and Supplementing the Decree of 9 Ramadan 1331 (August 12, 1913) Forming Code of Obligations and Contracts (promulgated by Decree No. 1-11-140 of 16 Ramadan 1432 (August 17, 2011)) (Loi No. 24-09 relative à la sécurité des produits et des services et complétant le dahir du 9 ramadan 1331 (12 août 1913) formant code des obligations et des contrats (promulgué par Dahir No. 1-11-140 du 16 ramadan 1432 (17 août 2011)))
According to Art. 14 of Law 24-09 of 2011, relating to the safety of products, declaration of conformity for industrial products to their relevant Moroccan standards (NM) is the sole responsibility of the manufacturer or importer. In the absence of Moroccan standards, the producer can rely on international standards. If the producers do not have the means to evaluate their products, they are allowed to rely on an external body. This body must, however, be recognised by Morocco.
With effect from 1 February 2020, it is reported that the Government, in pursuance of Law 24-09, complemented by Decree No 2-212-502 and Order No 3873-12, introduced a new Verification of Conformity Program for goods imported into Morocco. Under the new program, the verification is supposed to take place in the country of export or on arrival at the border in Morocco. Products subject to border control include electrical items such as mobile phone chargers and circuit breakers, while goods subject to verification prior to export include electrical equipment within certain voltage limits and equipment related to electromagnetic compatibility and are required to be accompanied by a Certificate of Conformity (CoC). The transitional period during which manufacturers could continue to export in Morocco without the CoC was until April 2020. Organisations officially recognised as having the relevant certifications of conformity include Bureau Veritas, TUV Rheinland, Applus Fomento, and SGS.
With effect from 1 February 2020, it is reported that the Government, in pursuance of Law 24-09, complemented by Decree No 2-212-502 and Order No 3873-12, introduced a new Verification of Conformity Program for goods imported into Morocco. Under the new program, the verification is supposed to take place in the country of export or on arrival at the border in Morocco. Products subject to border control include electrical items such as mobile phone chargers and circuit breakers, while goods subject to verification prior to export include electrical equipment within certain voltage limits and equipment related to electromagnetic compatibility and are required to be accompanied by a Certificate of Conformity (CoC). The transitional period during which manufacturers could continue to export in Morocco without the CoC was until April 2020. Organisations officially recognised as having the relevant certifications of conformity include Bureau Veritas, TUV Rheinland, Applus Fomento, and SGS.
Coverage Electrical products
Sources
- https://web.archive.org/web/20230331151911/https://www.mcinet.gov.ma/en/content/products-subject-technical-regulations-requiring-c%D9%85-mark
- https://web.archive.org/web/20241115151016/https://www.wipo.int/wipolex/en/legislation/details/19844
- https://web.archive.org/web/20231201125123/https://www.ul.com/news/morocco-new-verification-conformity-program-imported-regulated-products
- https://web.archive.org/web/20230604053050/http://www.marglory.com/import-control-system-for-industrial-products-law-24-09/
- https://web.archive.org/web/20251219161624/https://cyrilla.org/en/entity/rhfjd9h62k/metadata
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MOROCCO
Since January 2015
Since November 2007
Since December 2020
Since November 2007
Since December 2020
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Decree No. 2-13-881 of January 20, 2015 amending and supplementing Decree No. 2-08-518 of May 21, 2009 taken for the application of articles 13, 14, 15, 21 and 23 of Law No. 53-05 relating to the electronic exchange of legal data (Décret No. 2-13-881 du 28 rabii I 1436 (20 janvier 2015) modifiant et complétant le décret No. 2-08-518 du 25 joumada I 1430 (21 mai 2009) pris pour l’application des articles 13, 14, 15, 21 et 23 de la loi No. 53-05 relative à l’échange électronique des données juridiques)
Law No. 53-05 on the Electronic Exchange of Legal Data, Promulgated by Decree No. 1-07-129 of 30 November 2007 (Dahir No. 1-07-129 du 19 kaada 1428 (30 novembre 2007) portant promulgation de la loi No. 53-05 relative à l'échange électronique de données juridiques)
Dahir No. 1-20-100 of 16 Joumada I 1442 (31 December 2020) promulgating Law No. 43-20 on trusted services for electronic transactions (Dahir N° 1-20-100 du 16 joumada I 1442 (31 décembre 2020) portant promulgation de la loi N° 43-20 relative aux services de confiance pour les transactions électroniques)
Law No. 53-05 on the Electronic Exchange of Legal Data, Promulgated by Decree No. 1-07-129 of 30 November 2007 (Dahir No. 1-07-129 du 19 kaada 1428 (30 novembre 2007) portant promulgation de la loi No. 53-05 relative à l'échange électronique de données juridiques)
Dahir No. 1-20-100 of 16 Joumada I 1442 (31 December 2020) promulgating Law No. 43-20 on trusted services for electronic transactions (Dahir N° 1-20-100 du 16 joumada I 1442 (31 décembre 2020) portant promulgation de la loi N° 43-20 relative aux services de confiance pour les transactions électroniques)
According to Decree 2-13-881, adopted in 2015, the responsibility for authorising and monitoring “electronic certifications,” including encryption, shifted from the Telecommunications Regulator 'ANRT' to the military’s General Directorate for the Security of Information Systems. It is reported that the civil society advocates found the change of authorities problematic, given the lack of accountability and oversight at military institutions.
Moreover, according to Art. 13 of Law No. 53-05, relating to the electronic exchange of legal data, the import, export, supply, operation, or use of means or cryptographic services is subject to a prior statement and prior approval from the authority.
Moreover, pursuant to Art. 46 of Law No. 43-20 on Trusted Services for Electronic Transactions, in order to safeguard national defence and state security, the import, export and supply of cryptographic means, as well as the provision of cryptographic services, are subject to regulatory control. Specifically: (i) a prior declaration to the national authority is required where the sole purpose of such means or services is to authenticate a transmission or ensure the integrity of electronically transmitted data; and (ii) prior authorisation from the national authority is required where their purpose differs from that set out in point (i) above.
Moreover, according to Art. 13 of Law No. 53-05, relating to the electronic exchange of legal data, the import, export, supply, operation, or use of means or cryptographic services is subject to a prior statement and prior approval from the authority.
Moreover, pursuant to Art. 46 of Law No. 43-20 on Trusted Services for Electronic Transactions, in order to safeguard national defence and state security, the import, export and supply of cryptographic means, as well as the provision of cryptographic services, are subject to regulatory control. Specifically: (i) a prior declaration to the national authority is required where the sole purpose of such means or services is to authenticate a transmission or ensure the integrity of electronically transmitted data; and (ii) prior authorisation from the national authority is required where their purpose differs from that set out in point (i) above.
Coverage Cryptographic services
Sources
- https://web.archive.org/web/20220122110652/https://adala.justice.gov.ma/production/html/Fr/188896.htm
- https://web.archive.org/web/20250722144702/https://freedomhouse.org/country/morocco/freedom-net/2024
- https://web.archive.org/web/20210124185246/https://droitmaroc.wordpress.com/2008/01/29/loi-n%C2%B0-53-05-relative-a-lechange-electronique-de-donnees-juridiques-integrale/
- https://web.archive.org/web/20250708073912/https://www.dgssi.gov.ma/en/loi-ndeg43-20-relative-aux-services-de-confiance-pour-les-transactions
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MOROCCO
Since 2019, last amended in January 2022
Pillar Online sales and transactions |
Indicator Restrictions on online payments
General Instructions on Foreign Exchange Operations of 3 January 2022 (Instruction Générale des Opérations de Change 2022)
Online purchases for individuals in Morocco are capped at 15,000 dirhams (about USD 1,500) per recipient per calendar year, which is in line with Art. 151 of the 2022 General Instruction of Foreign Exchange Operations. The current limit was revised under the 2019 General Instructions from 10,000 dirhams in 2013 and remains the same in 2022.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240104022950/https://www.oc.gov.ma/sites/default/files/reglementation/pdf/2022-01/IGOC%202022.pdf
- https://web.archive.org/web/20210202072745/https://www.oc.gov.ma/fr/reglementations?active=0&page=#document-959
- https://web.archive.org/web/20221130181637/https://www.oc.gov.ma/en/news/general-instruction-foreign-exchange-transactions-2019
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MOROCCO
Since 2019, last amended in January 2022
Pillar Online sales and transactions |
Indicator Restrictions on online payments
General Instructions on Foreign Exchange Operations of 3 January 2022 (Instruction Générale des Opérations de Change 2022)
Under Art. 151 of the 2022 General Instruction of Foreign Exchange Operations, innovative start-ups are permitted to pay up to MAD 1,000,000 (approx. USD 100,000) annually for the import of services related to their business using international payment cards, an increase from the MAD 500,000 (approx. USD 50,000) limit established in the 2019 General Instruction. Additionally, Art. 151 stipulates that for entities incorporated under Moroccan law, payments for current e-commerce transactions are capped at MAD 200,000 (approx. USD 20,000) per calendar year and per beneficiary. This cap applies to entities that do not hold an account in foreign currency or convertible dirhams and is determined based on the amount of corporate or personal income tax (IS or IR) paid or the minimum contribution for the last fiscal year.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240104022950/https://www.oc.gov.ma/sites/default/files/reglementation/pdf/2022-01/IGOC%202022.pdf
- https://web.archive.org/web/20210202072745/https://www.oc.gov.ma/fr/reglementations?active=0&page=#document-959
- https://web.archive.org/web/20221130181637/https://www.oc.gov.ma/en/news/general-instruction-foreign-exchange-transactions-2019
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MOROCCO
Reported in 2021, last reported in 2024
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is MAD 1,213 (approx. USD 120), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20241201170710/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
- https://web.archive.org/web/20241220150035/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_6%20December%202021.pdf
MOROCCO
Since February 2024
Pillar Online sales and transactions |
Indicator Restrictions on domain names
ANRT/DG Decision No. 02/2024 of 24 Rejeb 1445 (February 5, 2024) relating to the administrative, technical and commercial management procedures for internet domain names under the management of the ANRT (Décision ANRT/DG/No.02/2024 du 24 rejeb 1445 (05 février 2024) relative aux modalités de gestion administrative, technique et commerciale des noms de domaine internet dont la gestion relève de l’ANRT)
Registration of the ".ma" domain name is unrestricted. However, it is required that an administrative contact who must be a natural person established in Morocco manages the domain name with the registrar and Telecommunications Authority (ANRT). According to Art. 27 of ANRT/DG Decision No. 02/2024 of 24 Rejeb, the holder of a “.ma” domain name, whether domiciled in Morocco or abroad, must be represented by a natural person, designated as the administrative contact and duly mandated for that purpose. Where the holder is a natural person, they may act as their own administrative contact. The administrative contact must be established in Morocco and must provide a valid postal address and email address to the service provider, which are used for official communications between the ANRT and the domain name holder.
Coverage Horizontal
MOROCCO
Since February 2011
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law No. 31/08 on the protection of consumer, promulgated by the Royal Decree No. 1-11-03 (Dahir No. 1-11-03 du 14 rabii I 1432 (18 février 2011) portant promulgation de la loi No. 31-08 édictant des mesures de protection du consommateur)
Law No. 31/08 on the protection of consumers, promulgated by the Royal Decree No. 1-11-03, provides a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal
MOROCCO
Since February 2014
Pillar Intermediary liability |
Indicator User identity requirement
Telecommunications Authority (ANRT) decision of 11 February 2014 on the identification of mobile subscribers: New measures (11 février 2014 Identification des abonnés mobiles: Les nouvelles mesures)
Under the Telecommunications Authority (ANRT) decision of 11 February 2014 concerning the identification of mobile subscribers, purchasers of SIM cards must register their names and national identity numbers with telecommunications operators. The ANRT enforces a ban on unregistered SIM cards, reportedly in accordance with Law no. 09-08 on the Protection of Individuals with Regard to the Processing of Personal Data.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230916103714/https://www.anrt.ma/sites/default/files/CP-identification-abonnes-Fr.pdf
- https://web.archive.org/web/20250722144702/https://freedomhouse.org/country/morocco/freedom-net/2024
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- https://web.archive.org/web/20240417022205/https://privacyinternational.org/state-privacy/1007/state-privacy-morocco
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MOROCCO
Reported in 2024
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Morocco for the year 2024. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal
