Substantive amendments to the draft law amending and supplementing the Penal Code and the Anti-Money Laundering Act are expected to be introduced. Many MEPs are sceptical about certain provisions of this text, which aims to strengthen the anti-money laundering system in order to prevent Morocco from falling on the blacklist of the Financial Action Task Force (FATF). An impact study is needed, according to MEPs.

The parliamentarians of the Committee on Justice and Legislation will soon begin the detailed discussion of Bill No. 12.18 amending and supplementing the Penal Code and Law No. 43.05 on combating money laundering. MEPs do not intend to pass like a letter in the mail this new legislation which intends to strengthen the anti-money laundering system. This is to prevent Morocco from falling into the blacklist of the Financial Action Task Force (FATF). Moreover, they made this clear to the Minister of Justice, Mohamed Benabdelkader during the phase of the general debate on this project. While the principle of strengthening the legal arsenal to combat money laundering is welcomed by all components of parliament, the fact remains that concerns are expressed about certain provisions.

Lawyers, notaries, bankers...on the front line
Skeptical or even grumpy, parliamentarians want to take their time before adopting this text. This is the case, in particular, of the president of the commission in charge of examining this project, Taoufik Mimouni. This deputy of the Authenticity and Modernity Party even qualifies the text as "dangerous" because it does not provide, according to him, the necessary guarantees to protect professionals who are required to report any suspicious activity when concluding contracts. This measure directly concerns lawyers, notaries and adouls who, like bankers, are called upon to engage in the system of combating money laundering and the financing of terrorism.

Parliamentarians are showing their apprehensions in this regard and some doubt the ability of these professionals to be part of this binding approach which may weigh heavily on their work. As such, the Minister of Justice wants to be reassuring, specifying that the "indicators of suspicion" are being developed with the bodies of professionals to remove any ambiguity. Meetings have already taken place with lawyers and notaries to make known the obligations imposed on these professionals as well as the means capable of implementing them. Other meetings will follow to mobilize professionals around the need to adhere to the fight against money laundering. The parliamentarians intend to strengthen the guarantees to protect citizens against any misinterpretation of the law that is "imposed" on Morocco by foreign parties. They blame the government for the lack of an impact study on this project and the repercussions of the new provisions on society and the national economy. Some crucial questions remain unanswered: does the text meet Morocco's real needs? Is it a simple legislation inspired by other countries or a project adapted to the reality of the kingdom? What will be the true scope of this legislative reform and its expected impact?

Lively debates expected
It must be said that the impact assessment is an effective tool to support decision-making because it makes it possible to assess the consequences of future legislation and to dispel all doubts. The government has not even submitted to the legislative institution an impact study on the measures already taken since 2007 in the fight against money laundering. Thus, the PARLIAMENTARY GROUP of the WFP in the lower house intends to refer to the Economic, Social and Environmental Council (EESC) the impact of Bill No. 12.18 amending and supplementing the Penal Code and Law No. 43.05 on the fight against money laundering. According to the government, this legislative reform is explained by the need to adapt Moroccan anti-money laundering law to international standards and to avoid the deterioration of Morocco's ranking. In this regard, some MEPs call for not to comply with international requirements to the letter and to take into account national specificities, such as the cultivation of cannabis, which is the concern of many Moroccan households. "Instead of tackling the issue of the fight against capital, it was necessary, in the first place, to take the bull by the horns by settling the issue of cannabis cultivation," according to the chairman of the justice committee. Lively debates are expected during the detailed discussion stage of this legislation and the introduction of substantive amendments to the text as criticism comes from both the majority and the opposition.