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Infrastructure & Project Finance

Legal and tax support with the development of your infrastructure and large projects in Morocco 

Moroccan infrastructure: multiple opportunities  

Although Morocco now has ports, airports, railway, motorway and telecommunications networks up to international standards, the State continues to encourage the development of large-scale projects, supporting ambitious sectoral strategies. 

Whether it is in transport (particularly the development of road infrastructure), energy supply or social infrastructure (in the healthcare, justice, education and housing sectors), these large public projects attract financial institutions as well as Moroccan and foreign investors and private operators. They are invited to participate through calls for tender, in an environment favourable to this type of partnerships (Morocco benefits from 12 free zones spread around the country).  

From initial consultation to management of the contract, our firm of legal and tax advisors supports you at every stage of your project. 

Essential legal and tax support  

What are the most appropriate investment methods and structures for a given contract in view of your objectives and obligations? What tax advantages can you benefit from? How can you optimise your project and make the most of the opportunities offered, while complying with applicable rules?  

As specialists in setting up and implementing these public-private partnerships (PPP), our legal and tax advisors in Morocco have the capabilities to provide strategic answers to these crucial questions, which are decisive to the success of your project. We have a vast range of expertise and specialist fields in order to accompany you face a wide range of issues (design, construction works, financing, operations, maintenance, insurance, etc: 

  • Tendering procedures, 
  • Concessions and BOT (Build-Operate-Transfer), 
  • Design and build, operation and maintenance, interface contracts, 
  • Advice and support in the context of contractual negotiations, 
  • Credit documents and securities, 
  • Equity investments, investment banking and bonds, 
  • Investment agreements, consortium and project company agreements, 
  • Tax treaties (particularly in relation to permanent establishments),  
  • Advice and support on real-estate and urban planning issues, 
  • Advice and support on health and safety, 
  • Advice and support on subcontracting,   

A strategic and pragmatic approach 

Given the skills mix required for each transaction (corporate law, public law, tax law, procurement law, accounting law, labour law and issue concerning seconded staff, social security law and exchange regulations), the multi-disciplinary nature of our team represents a decisive advantage.  

This unique approach enables us to offer you much more than “simple” legal advice – instead we offer real strategic support throughout your project.  

Although our recommendations are strategic, they are also pragmatic and always tailored to practical realities. Alongside our technical expertise, our vast experience of these types of projects and our permanent relations with the Moroccan institutions guarantee an in-depth understanding of any situation.  

With these strengths, we work by your side as a true partner and are committed to achieving your goals. 

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Public Private Partnerships
“Public-private partnerships”(PPPs) is a recent expression covering highly varied systems that relate to building, operating and managing infrastructu
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01/06/2021
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“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
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A re­cent de­cision of the Eng­lish Com­mer­cial Court has re­fused an ap­plic­a­tion for an in­junc­tion re­quir­ing a be­ne­fi­ciary un­der an on-de­mand bond to with­draw its de­mand and re­frain from mak­ing fur­ther de­mands...
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As a con­tinu­ation of the im­ple­ment­a­tion of its health emer­gency plan (see our art­icle "Mo­rocco: the leg­al frame­work for a state health emer­gency"), the Mo­roc­can Gov­ern­ment has sent ad­min­is­tra­tions a list...
07/04/2020
Mo­rocco : State health emer­gency
The King­dom of Mo­rocco has de­clared a state health emer­gency as from Fri­day, 20 March 2020 at 6 pm.Two texts have leg­ally im­ple­men­ted the state of emer­gency: De­cree-Law No. 2-20-292 of 23 March 2020 on...
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A re­cent IC­SID tribunal has up­held jur­is­dic­tion over a dis­pute con­cern­ing an al­leged set­tle­ment agree­ment arising from con­tract­or claims on a ma­jor in­fra­struc­ture pro­ject in the Re­pub­lic of Mozam­bi­que...
04/11/2019
In­tro­du­cing the FID­IC Em­er­ald Book
Earli­er this year FID­IC re­leased its new “Em­er­ald Book” – Con­di­tions of Con­tract for Un­der­ground Works. This ad­di­tion to the FID­IC suite seeks to fill a gap amongst stand­ard forms as a spe­cial­ist...
19/07/2019
Po­s­eidon Prin­ciples and re­spons­ible ship fin­an­cing
On 18th June 2019, 11 banks with col­lect­ively over $100bn in as­sets and rep­res­ent­ing nearly 20% of the glob­al ship fin­ance signed a glob­al frame­work agree­ment, called the Po­s­eidon Prin­ciples. These are...
24/05/2019
FID­IC claims no­ti­fic­a­tion pro­vi­sions: Hong Kong High Court guid­ance
A re­cent de­cision of the Hong Kong High Court has con­sidered the ef­fect of claims no­ti­fic­a­tion pro­vi­sions which re­quire a con­tract­or to state the con­trac­tu­al basis of a claim. Such a re­quire­ment now forms...
16/04/2019
The new EU frame­work for screen­ing for­eign in­vest­ment is now in force
On 10 April 2019, the EU frame­work for screen­ing for­eign dir­ect in­vest­ment (FDI) came in­to force, al­low­ing the European Com­mis­sion and Mem­ber States un­til 11 Oc­to­ber 2020 to put in place mech­an­isms and...
14/03/2019
Ship­ping and car­bon: EU and IMO sys­tems to align
On 4 Feb­ru­ary 2019 the European Com­mis­sion (EC) tabled a pro­pos­al con­cern­ing the amend­ment of Reg­u­la­tion (EU) 2015/757 on the mon­it­or­ing, re­port­ing and veri­fic­a­tion of car­bon di­ox­ide emis­sions from mari­time...
13/03/2019
Con­nec­ted Fu­ture - En­ergy Stor­age
It is re­cog­nised that flex­ib­il­ity in the elec­tri­city sys­tem will be­come in­creas­ingly valu­able in the com­ing years as the wider en­ergy trans­ition, in­clud­ing the great­er pen­et­ra­tion of in­ter­mit­tent, dis­trib­uted...
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Elec­tric Vehicles: in­fra­struc­ture for our con­nec­ted fu­ture
The up­take of elec­tric vehicles (EVs) has soared in re­cent years (al­beit from a very low base), with jur­is­dic­tions such as Nor­way and The Neth­er­lands cur­rently lead­ing the pack. However, in or­der for...