MOROCCO
Since 2019, last amended in January 2022
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
General Instructions on Foreign Exchange Operations of January 3, 2022
Online purchases for individuals in Morocco are capped at 15,000 dirhams (about USD 1,500) per recipient per calendar year 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
MOROCCO
Since November 2007
Since January 2015
Since January 2015
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Restrictions on encryption standards
Law No. 53-05 on the electronic exchange of legal data, promulgated by Decree No. 1-07-129 of November 30, 2007
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
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
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. The purpose of the provision is to prevent the use of cryptographic services for illegal purposes and to protect the interests of national defense, and the internal or external security of the State.
According to Decree 2-13-881, adopted in 2015, the responsibility for authorizing 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.
According to Decree 2-13-881, adopted in 2015, the responsibility for authorizing 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.
Coverage Cryptographic Services
MOROCCO
Since August 1997
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Decree No 1-97-162 of August 7th 1997 promulgating law n° 24-96 on postal and telecommunications services
According to Arts. 14-15 of Decree No. 24-96 on postal and telecommunication services, terminal equipment intended to be connected to a public telecommunications network must be subject to prior approval issued by the National Telecommunications Regulatory Agency (ANRT), or by a laboratory approved by the Agency to test and measure telecommunications equipment. With regard to radioelectric installations, approval of equipment is required in all cases, whether they are intended to be connected to a public telecommunications network or not.
Coverage Telecommunication and radio equipment
Sources
- https://www.anrt.ma/sites/default/files/documentation/1997-1-97-162-24-96-loi-telecom-fr.pdf
- https://www.anrt.ma/en/e-services/agrements-des-equipements/consulter-la-liste-des-equipements-agrees
- https://www.anrt.ma/en/e-services/agrements-des-equipements/consulter-la-liste-des-equipements-dispenses
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MOROCCO
Since August 2011
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Law No. 24-09 relating to the safety of products promulgated by Decree No. 1-11-140 of August 17, 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. In case 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 recognized 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. Organizations officially recognized to issue 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. Organizations officially recognized to issue the relevant certifications of conformity include Bureau Veritas, TUV Rheinland, Applus Fomento, and SGS.
Coverage Electrical products
Sources
- https://www.mcinet.gov.ma/en/content/products-subject-technical-regulations-requiring-c%D9%85-mark
- https://wipolex.wipo.int/en/legislation/details/19844
- https://www.ul.com/news/morocco-new-verification-conformity-program-imported-regulated-products
- https://marglory.com/import-control-system-for-industrial-products-law-24-09/
- https://www.sgs.com/en/connectivity-and-products/government-and-trade-facilitation/product-conformity-assessment-pca/kingdom-of-morocco
- Show more...
MOROCCO
Since January 2005
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Decree No 1-04-257 of January 7, 2005 Promulgating Law No 77-03 Relating to Audiovisual Communication
Art. 8 of Law No. 77-03 on Audiovisual Communication includes some local content requirements to audiovisual operators including: to promote Moroccan artistic creation and encourage local production; to ensure that as many regions of the country as possible benefit from sufficient coverage of radio and television programs; to give preference to national audiovisual production in the composition of their program offer; and to make maximum use of Moroccan resources for the creation of audiovisual works and the presentation of their programming, unless such a practice proves difficult to achieve because of the nature of the service, in particular its specialized content or format or the use of other languages. It is not clear whether the law applies to online content.
Coverage Audiovisual communication services
MOROCCO
Since November 2007
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar 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 November 30, 2007
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. The purpose of the provision is to prevent the use of cryptographic services for illegal purposes and to protect the interests of national defense, and the internal or external security of the State.
Coverage Cryptographic Services
MOROCCO
Since November 2007
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Law No. 53-05 on the electronic exchange of legal data, promulgated by Decree No. 1-07-129 of November 30, 2007
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. The purpose of the provision is to prevent the use of cryptographic services for illegal purposes and to protect the interests of national defense, and the internal or external security of the State.
Coverage Cryptographic Services
MOROCCO
Since January 2005
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Decree No. 1-04-257 of January 7, 2005 Promulgating Law No. 77-03 Relating to Audiovisual Communication
The High Authority of Audiovisual Communication (HACA) in Morocco is responsible for the sector of audiovisual communication and grants licenses for audiovisual services. According to Art. 18 of Law No. 77-03 relating to audiovisual communication, applicants for license in audiovisual communication services are obliged to have at least one shareholder who is a qualified operator, a natural or legal person with convincing professional experience in the field of audiovisual communication, who must hold or undertake to hold at least 10% of the company's share capital and voting rights. This qualified operator is not allowed to hold shares in another company with the same corporate purpose. It is not clear whether the law applies to online content.
Coverage Audiovisual communication services
MOROCCO
Since 2004
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Decision No. 04-04 of April 6, 2004 of the Director General of National Agency for the Regulation of Telecommunications relating to the status telephony over IP
According to Art. 1 of Decision No. 04-04 of April 6, 2004, of the Director-General of National Agency for the Regulation of Telecommunications relating to the status telephony over IP, for a license requirement for the provision of any VoIP service. Only licensed public telecom operators are supposed to provide VoIP services. It is reported that this law was not implemented until January 2016 when ARTNET banned voice-over internet protocol (VoIP) services like Skype, WhatsApp, and Viber on account of the licensing requirement. The ban was quietly reversed in October of the same year following mass boycott movements by Moroccan citizens.
Coverage VoIP
MOROCCO
Since August 2016
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Law No 88-13 relating to the press and publishing promulgated by Decree No. 1-16-122 of August 10, 2016
The Press Code, published in August 2016, imposes licensing requirements for online media and mandates the registration of journalists. For a director of an electronic media outlet, it is required to hold a press card, which is a form of certification that was previously not required for an online outlet.According to reports by Freedom on net 2021, it took seven months for directors of two French-language online news sites, Yabiladi and Le Desk to receive their press cards in 2018.
To obtain press cards and benefit from state financial support, Arts. 34 and 35 of the Press Code require online news portals to acquire two types of authorizations from two different bodies, and are valid for one year at a time:
- authorization from the Moroccan Cinema Center (CCM) to produce video content, and
- authorization from the Telecommunications Authority (ANRT) to host domain names under "press.ma.".
To obtain press cards and benefit from state financial support, Arts. 34 and 35 of the Press Code require online news portals to acquire two types of authorizations from two different bodies, and are valid for one year at a time:
- authorization from the Moroccan Cinema Center (CCM) to produce video content, and
- authorization from the Telecommunications Authority (ANRT) to host domain names under "press.ma.".
Coverage Online media
MOROCCO
Reported in 2022
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - 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. 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
MOROCCO
Since January 2005
Pillar Content access |
Sub-pillar Restrictions on online advertising
Decree No. 1-04-257 of January 7, 2005 Promulgating Law No. 77-03 Relating to Audiovisual Communication
According to Art. 65 of Law No. 77-03, advertisements must be broadcast in Arabic, Amazigh or Moroccan dialects if they are intended for the Moroccan public. The use of other languages is among other reasons authorized if the communication of the said commercials in Arabic, Amazigh or Moroccan dialects proves to be difficult due to the specific technical concepts involved. It is not clear whether the law applies to online content.
Coverage Advertising sector
MOROCCO
Since August 2016
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Law No 88-13 relating to the press and publishing promulgated by Decree No.1-16-122 of August 10, 2016
Under Art. 104 of Law No. 88-13 relating to the press and publishing, also known as the press code, the Moroccan government has the right to suspend any periodic publication or block electronic newspaper or electronic medium “prejudicial to Islam, the monarchy, territorial integrity, or public order,” and it can also seek heavy fines or prison sentences under the penal code for the publication of offensive content. According to the 2021 Freedom on the Net Report, the Moroccan government exercises control over the information landscape through the provisions of the Press Code.
Coverage Electronic publications
MOROCCO
Reported in 2016
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that in 2016 Morocco’s three telecommunications companies shut off access to Voice over Internet Protocol (VoIP) on mobile networks like WhatsApp, Viber, and Skype. The telcos, Maroc Telecom, Meditel, and Inwi, justified the act by claiming that the services violated Moroccan regulations.
Coverage Voice over Internet Protocol (VoIP) on mobile networks like WhatsApp, Viber, and Skype
MOROCCO
Since May 2003
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Law No. 03-03 relating to the fight against terrorism promulgated by Decree No. 1-03-140 of May 28, 2003
It is reported that the Moroccan government is able to maintain control over the information landscape, including online content, through a series of restrictive laws. One of these laws is the 2003 Law to Combat Terror, known as the anti-terrorism law, which gives the government sweeping powers to filter and delete content that is deemed to “disrupt public order by intimidation, force, violence, fear, or terror.” It is further reported that authorities retain wide discretion to define vague terms such as “national security” and “public order”, opening the door for abuse. Many opposition news sites are therefore hosted on servers outside the country to avoid being shut down by the authorities.
Coverage Websites