Anti-Bribery and Corruption Laws in Morocco

Passive Bribery (Article 248 to 250 & 252 to 256-1 of the Moroccan Criminal Code)

Public Sector (Articles 248 & 254)

• Any judge, public or elected official who solicits or agrees, offers or promises, solicits or receives gifts, donations or other benefits, to perform or refrain from performing an act in the course of his or her duties that is not subject to remuneration, or an act that has been facilitated by his or her duties, notwithstanding that it is not within his or her personal remit;
• Any arbitrator or expert appointed either by the administrative or judicial authority, or by the parties, who solicits or accepts offers or promises, or solicits or receives donations, gifts or other advantages, in order to render a favourable or unfavourable decision or opinion;
• Any judge who rules based on a favour granted to a party, or out of enmity against the said party;
• The attempt is also punishable.

Private Sector (Article 249)

Any employee who, either directly or through an intermediary, and without the knowledge or consent of his or her employer, solicits or agrees to offers or promises, solicits or receives gifts, presents, commissions, discounts or bonuses in order to do or refrain from doing an act in the course of his or her employment, or an act which, despite not being within the scope of his or her personal duties, is, or may have been, facilitated by his or her position.

The attempt is also punishable.

Influence Peddling (Article 250)

Any person who solicits or agrees to offers or promises, solicits or receives gifts, presents or other advantages, in order to procure or attempting to procure decorations, medals, distinctions or awards, positions or functions or any favors granted by the public authorities, procurement contracts, or other benefits resulting from deals made with the public authorities or with an administrative body, or more generally a favorable ruling by such authorities or administrative bodies, and thereby misuses actual or alleged influence.

The attempt is also punishable.

Active Bribery (Article 251 of the Moroccan Criminal Code)

Anyone who, in order to obtain either the performance or abstention from an act, or favors or advantages from (i) a judge, public or elected official, arbitrator or expert appointed by the administrative or judicial authority, court member, or (ii) an employee, has recourse to promises, offers, donations, gifts or other advantages, or has given in to solicitations tending to bribery, regardless of whether or not he or she has taken the initiative, and whether or not the bribery has produced the desired effect.

The attempt is also punishable.

No

No

No

No

No

No

No

No

No

No

Yes (Foreign national)

No (Foreign company)

No (Foreign partnership)

Yes (Foreign national)

No (Foreign company)

No (Foreign company)

No

No

Penalties applied to the person being bribed:

i. Official being bribed:

• Two to five years’ imprisonment; and
• Fine of MAD 5,000 to 100,000;
• Should the amount of the bribe exceed MAD 100,000, the penalties will be five to ten years' imprisonment and a fine of MAD 100,000 to 1,000,000;
• In the event of an attempt, the penalty will be the same as for the offence committed. 

ii. Employee being bribed:

• One to three years’ imprisonment; and
• Fine of MAD 5,000 to 100,000;
• Should the amount of the bribe exceed MAD 100,000, the penalties will be five to ten years' imprisonment and a fine of MAD 100,000 to 1,000,000;
• In the event of an attempt, the penalty will be the same as for the offence committed.

iii. Influence peddling:

• Two to five years’ imprisonment; and
• Fine of MAD 5,000 to 100,000;
• Should the bribed be a judge, public or elected official, the abovementioned penalties will be doubled;
• In the event of an attempt, the penalty will be the same as for the offence committed.

iv. Common penalties to the abovementioned offences:

• Confiscation of anything acquired as a result of the bribery;
• In case of misdemeanor, the offender may also be prohibited from exercising (i) one or more of his or her civic, civil or family rights for a period of five to ten years, and from holding (ii) any public office or public employment for a maximum of ten years.

v. Offence involving the commission of a felony:

Should the bribery or influence peddling involve the commission of an act defined by law as a felony, the penalty for that felony shall be applicable to the bribed party;

In the event of an attempt, the penalty will be the same as for the offence committed.

vi. Bribery leading to a felony conviction:

If the bribery of a judge or a court member has led to the pronouncement of a felony sentence, such sentence shall be applicable to the said judge or court member.

Penalties applied to the briber:

i. Public sector bribery:

• Two to five years' imprisonment; and
• Fine of MAD 5,000 to 100,000;
• Should the amount of the bribe exceed MAD 100,000, the penalties will be five to ten years' imprisonment and a fine of MAD 100,000 to 1,000,000;
• In the event of an attempt, the penalty will be the same as for the offence committed. 

ii. Private sector bribery:

• One to three years' imprisonment; and
• Fine of MAD 5,000 to 50,000;
• Should the amount of the bribe exceed MAD 100,000, the penalties will be five to ten years' imprisonment and a fine of MAD 100,000 to 1,000,000;
• In the event of an attempt, the penalty will be the same as for the offence committed.

iii. Influence peddling:

• Two to five years’ imprisonment; and
• Fine of MAD 5,000 to 100,000;
• Should the briber be a judge, public or elected official, the abovementioned penalties will be doubled;
• In the event of an attempt, the penalty will be the same as for the offence committed.

iv. Common penalties to the abovementioned offences:

• Confiscation of goods or assets involved in the corruption;
• In case of misdemeanor, the offender may also be prohibited from exercising (i) one or more of his or her civic, civil or family rights for a period of five to ten years, and from holding (ii) any public office or public employment for a maximum of ten years. 

v. Offence involving the commission of a felony:

Should the bribery or influence peddling involve the commission of an act defined by law as a felony, the penalty for that felony shall be applicable to the briber;

In the event of an attempt, the penalty will be the same as for the offence committed.

vi. Bribery leading to a felony conviction:

If the bribery of a judge or a court member has led to the pronouncement of a felony sentence, such sentence shall be applicable to the briber.

The briber who reports the bribery offence shall be exempted from criminal liability, provided that:

• He or she denounces the said offence to the judicial authorities, prior to having acted on the bribery request made by the official; or
• He or she establishes having acted on the official's request for bribery and having been obliged to pay it.