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MOROCCO

Since February 2000, last amended in May 2022

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law No. 2-00 on Copyright and Related Rights, 15 February 2000 (Loi No. 2-00 relative aux droits d'auteur et droits voisins (promulguée par Dahir No. 1-00-20 du 9 Kaada 1420 (15 février 2000), telle que modifié par la loi No. 34-05))
Morocco has a copyright regime under the Copyright Act of 2014. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 54 lists the exceptions, which include reproduction for scientific research purposes, reproduction as part of teaching activities, and reporting current events, among others.
Coverage Horizontal

MOROCCO

Reported in 2021, last reported in 2024

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Inadequate enforcement of copyright online
It is reported that inadequate intellectual property protection and enforcement in Morocco continues to be an area of concern. Illicit streaming devices (ISDs), also referred to as piracy devices, continue to pose a direct threat to content creators, sports leagues and live performances. Moreover, illicit Internet Protocol television (IPTV) services unlawfully retransmit telecommunications signals and channels carrying copyrighted content via dedicated web portals and third-party applications. Stakeholders continue to report significant levels of piracy through ISDs and illicit IPTV applications in the country.
Coverage Streaming and Internet
Protocol television (IPTV) services

MOROCCO

Since July 2011

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Morocco has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

MOROCCO

Since July 2011

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Morocco has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

MOROCCO

Since September 2020

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Government Circular No. 15/2020 issued on 10 September 2020 Calling for the Application of the Domestic Preference and Encouraging the Use of Made in Morocco Products in Public Procurement (Circulaire No. 15-20-Cab du 21 Moharrem 1442 (10 Septembre 2020) sur l'Opérationnalisation de la Préférence Nationale et à Encourager les Produits Marocains, dans le Cadre des Marchés Publics)
Circular No. 15/2020 calls for the application of domestic preferences and encourages the sourcing of made-in-Morocco products in public procurement by ministerial departments and public establishments. According to Section 2 of the Circular, the use of imported materials is permitted only where no Moroccan product satisfies the required technical specifications. In such cases, companies awarded the contracts must provide documentation evidencing the origin of the products and materials they intend to use, including invoices, delivery notes and certificates of origin, and also an administrative certificate confirming that there are no national products that meet the required standards.
Coverage Horizontal

MOROCCO

Since March 2023, entry into force in September 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 2-22-431 of 15 Chaabane 1444 (Décret No. 2-22-431 du 15 chaabane 1444 relatif aux marchés publics)
According to Art. 147 of Decree No. 2-22-431 (which repeals Decrees No. 2-12-349 of 2013 and Decree No. 2-19-69 of May 24, 2019, on government procurement), when competitors not established in Morocco submit bids for works, supply or service contracts, preference is given, when evaluating financial bids to bids submitted by competitors' established in Morocco. For this purpose, the amount of the financial bid submitted by the competitor not established in Morocco shall be:
- reduced by a percentage fixed at 15% when the amount of this bid is the closest by default to the reference price, and there are bids submitted by competitors established in Morocco that are lower than this reference price;
- increase by a percentage fixed at 15% when the amount of this bid is closest by default to the reference price in the absence of bids lower than this reference price;
- will be increased by a percentage fixed at 15% when the amount of this bid is the closest by default to the reference price in the event that the bids submitted by competitors established in Morocco are higher than this reference price.
- for service contracts relating to studies, the amount of the financial bid submitted by the competitor not established in Morocco shall be increased by a percentage fixed at 15%.
The provisions of this article do not apply to a consortium when one or more of its members are established in Morocco, provided that the participation of the member or members of the consortium, as indicated in the contracting act, is equal to or greater than 30%.
Coverage Horizontal

MOROCCO

Since March 2023, entry into force in September 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 2-22-431 of 15 Chaabane 1444 (Décret No. 2-22-431 du 15 chaabane 1444 relatif aux marchés publics)
According to Art. 148 of Decree No. 2-22-431 (which repeals Decrees No. 2-12-349 of 2013 and No. 2-19-69 of 24 May 2019 on government procurement), the contracting authority is required to: (i) allocate 30% of the estimated value of contracts it intends to award for each budget year to very small, small, and medium-sized enterprises established in Morocco, including young innovative enterprises, cooperatives, cooperative unions, and self-employed entrepreneurs; and (ii) publish, at the beginning of each budget year on the public procurement portal, a list detailing the number of public contracts awarded to these entities in the previous budget year, along with their total value.
The terms and conditions for the application of the provisions of the first paragraph above shall be laid down by order of the Minister of Finance.
Coverage Horizontal

MOROCCO

Since March 2023, entry into force in September 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 2-22-431 of 15 Chaabane 1444 (Décret No. 2-22-431 du 15 chaabane 1444 relatif aux marchés publics)
Pursuant to Art. 149 of Decree No. 2-22-431, which repeals Decrees No. 2-12-349 of 2013 and No. 2-19-69 of 24 May 2019 on government procurement, contracts for works and for services other than studies must include a clause requiring the contractor to use local labour in the performance of the contracted services. The contract must specify the proportion of local labour to be employed, up to a maximum of 20% of the total labour required. For the purposes of this provision, “local labour” refers to workers residing in the municipality where the contract is executed or, where necessary, in the corresponding prefecture, province, or region.
Coverage Horizontal

MOROCCO

Since March 2023, entry into force in September 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 2-22-431 of 15 Chaabane 1444 (Décret No. 2-22-431 du 15 chaabane 1444 relatif aux marchés publics)
According to Art. 145 of Decree No. 2-22-431 (which repeals Decrees No. 2-12-349 of 2013 and No. 2-19-69 of 24 May 2019 on government procurement), for contracts involving the design, development, and implementation of information systems, the special specifications require competitors not established in Morocco to involve Moroccan experts. This involvement must represent at least 20% of the experts mobilised for the contract's services, except in cases where such Moroccan experts are unavailable.
Coverage Information systems

MOROCCO

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Morocco is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

MOROCCO

Since December 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Framework Law No. 03-22 on Investment Charter (Loi‑cadre N. 03‑22 formant charte de l’investissement)
There are generally no foreign investment limitations in the Moroccan Investment Charter on foreign investment in areas relevant to the digital economy. Foreign investment limitations apply to sectors not relevant to digital trade. It is also reported that the Moroccan state has a discretionary right to limit all foreign majority stakes in the capital of large national banks but apparently that right has never been exercised.
According to the Framework Law No. 03-22 on the Investment Charter of 2022, which repealed the Investment Charter No. 18-95 of 1995, there are no foreign investment limitations in the areas relevant to the digital economy in Morocco. It is also reported that the Moroccan state has a discretionary right to limit all foreign majority stakes in the capital of large national banks but apparently that right has never been exercised.
Coverage Horizontal

MOROCCO

Since August 2016, entry into force in August 2017

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Law No. 88-13 relating to the press and publishing promulgated by Decree No. 1-16-122 of 10 August 2016 (Dahir No. 1-16-122 du 6 Kaada 1437 (10 Août 2016) Portant Promulgation de la Loi No. 88-13 Relative à la Presse et à l'Édition)
Pursuant to Art. 15 of Law No. 88-13, every periodical publication, electronic journal or other electronic press medium must appoint a director of publication. Under Art. 16.1, the director of publication is required to be of Moroccan nationality and domiciled in Morocco. In addition, Art. 2 expressly recognises electronic newspapers as part of the press and publishing sector.
Coverage Online newspapers
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'MA')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"93219"},{"post_id":"93220"},{"post_id":"93221"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'MA')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'MA')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

MOROCCO

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)
2.60%
Coverage rate of zero-tariffs on ICT goods (%)
59.14%
Coverage: ICT goods

MOROCCO

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the ITA Expansion Agreement (ITA II)
Morocco is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

MAURITANIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Mauritania 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

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