Morocco Evaluated on Anti-Money Laundering Measures by European Council

Also called the "Warsaw Convention", this convention entered into force in Morocco in August 2022. The evaluation covers the provisions relating to confiscation procedures, the management of frozen or seized assets, the monitoring of banking operations as a means of investigation, the offence of money laundering, the liability of legal persons, international recidivism, the reporting of suspicious transactions, the sharing and restitution of confiscated assets.

Regarding the reversal of the burden of proof (Article 3 of the Convention), Moroccan legislation does not provide for a mechanism that can compel the offender to prove the lawful origin of his assets. This is why the report calls on the Moroccan authorities to correct this.

In terms of monitoring banking operations (Articles 7 and 19), it is recommended that Morocco review its legislation to allow the monitoring of these operations, at the request of another State Party.

The report also recommends that Morocco consider introducing into its legislation measures to provide for a lesser moral element and/or negligence for the money laundering offence, in accordance with Article 9 of the Warsaw Convention. Regarding the reporting of domestic suspicious transactions, the report notes Morocco’s compliance with the provisions of Article 14 of the Convention. However, it invites the authorities of the kingdom to consider keeping statistics, in particular on the value of the reported transactions and any other relevant information.

Regarding the liability of legal persons, Morocco has introduced this requirement provided for in Article 10 of the Convention into its legislation. However, Moroccan texts do not specify the circumstances in which a legal person can be held liable, let alone whether its liability is engaged in the event of an offence committed due to the lack of supervision or control. The report recommends that the Moroccan authorities comply with this provision of the Convention.

Also, the report recommends that Morocco take into account previous decisions (Article 11) and introduce legislative measures to implement Article 25 of the Convention relating to the restitution of confiscated assets. In addition, the report encourages the Moroccan authorities to continue their efforts in the management of frozen and seized assets and to consider the creation of a national asset management agency