While respecting the containment measures, the Standing Committee on Justice, Legislation and
Human Rights in the House of Representatives considered two very important bills. Il
these are the texts relating to the fight against money laundering, arbitration and mediation.
The Standing Committee on Justice, Legislation and Human Rights in the Chamber of
representatives held yesterday a meeting dedicated to the presentation of two texts, on behalf of the government,
by the Minister of Justice, Mohamed Ben Abdelkader. This is Bill 12.18 amending and
supplementing the Penal Code and Law No. 43.05 on combating money-laundering and the draft
Law No. 95.17 on Arbitration and Conventional Mediation. These two texts are of a great
regulatory significance. Thus, in Bill No. 12.18 amending and supplementing the Code
criminal provisions should make it possible to better combat
money-laundering and against all related offences. The purpose of the device is to provide a
qualitative added value, as money laundering is a crime aimed at concealing< > income from other crimes, including those related to corruption.
As a result, the fight against money laundering is one of the mechanisms to fight corruption in
general and it is likely to allow Morocco to also fight against all the offences that are to
the origin of the laundering, according to the government's conception. The purpose of the bill is to allow > < search for and seize illicit funds with a view to their possible confiscation. It is designed to adapt
the national legislative system to the international standards adopted by the Financial Action Task Force in
this section and remedy the shortcomings contained in the current texts. Indeed, Morocco is a member
very active founder within the "Middle East and North Africa Financial Action" (MENAFATF).
Thus, these amendments intend to adapt the Moroccan legal framework with international criteria
adopted by the Financial Action Task Force (FATF). Thus, this will make it possible to fill the gaps of
current provisions, in particular those identified in the mutual evaluation report.
Among other things, this bill provides for the adoption of a list system instead of the threshold method in the
determination of offences constituting money laundering, adding it to the list of offences
cited in article 574-2 of the Penal Code. Other offences will also be added in relation to
financial markets and infringements in relation to sales and services provided on a pyramidal basis. Il
also stipulates that the minimum and maximum fines imposed on persons
persons involved in the offence of money laundering provided for in article 574-3 of the Penal Code,
in accordance with international standards that require that the penalty for such offences be deterrent.
In addition, the bill seeks to replace the name of the Financial Intelligence Processing Unit
(UTRF) by the "National Financial Intelligence Authority". This should be accompanied by
strengthening the powers of this entity and its role. Another novelty is the creation of a
'Public register of beneficial owners of legal persons' in order to deal with criminals and their
accomplices wishing to break through the market, a register to be carried out by the Ministry of Finance (see:
www.lematin.ma).
The second text presented at the meeting of the Standing Committee on Justice, Legislation and
Human Rights in the House of Representatives is Bill No. 95.17 on Arbitration and
conventional mediation. The aim is to separate the provisions governing arbitration and mediation
convention of the Code of Civil Procedure, while updating them and making amendments
necessary to accompany the novelties that international trade has experienced. This text intervenes
also in response to investors' insistent desire to simplify administrative procedures and
investment courts, including arbitration and mediation proceedings. The project also aims to
upgrade the justice system in order to support arbitration by simplifying the exequatur procedure (the recognition of a Moroccan judgment by another country and vice versa) and by recognising decisions
who are there. It is also part of the implementation of the objectives and the
recommendations for the reform of the judicial system.