Moroccan Law on the Financing of Terrorism

The fight against the financing of terrorism is a critical pillar of Morocco’s national security and judicial strategy. As a kingdom committed to international stability, Morocco has developed a robust legal framework designed to prevent, detect, and prosecute the flow of funds to extremist organisations. This framework is not only rooted in domestic security needs but is also aligned with international conventions and cooperation standards.

Understanding these laws is essential for legal professionals, financial institutions, and international partners. The Moroccan legal system combines provisions from the Code of Criminal Procedure and specific counter-terrorism legislation to ensure that the financial infrastructure of the country remains hostile to illicit activities.

Judicial Oversight and the Role of the Public Prosecutor

In the Moroccan legal system, the Public Prosecutor (الوكيل العام للملك) at the Court of Appeal plays a central role in investigating the financing of terrorism. Under Article 1 of the special provisions relating to the financing of terrorism, the Public Prosecutor has the authority to request detailed information regarding the movement of funds suspected of being linked to terrorist activities.

This authority extends to various financial entities, including:

• Traditional banking institutions.
• Offshore banks operating within free financial zones (governed by Law No. 58.90).
• Credit institutions monitored under the oversight of Bank Al-Maghrib.

Furthermore, the law empowers Investigating Magistrates and trial courts to request similar financial data once a case has been formally referred to them. This ensures that throughout every stage of a judicial proceeding, the authorities have the tools necessary to follow the "money trail."

Cooperation with Financial Institutions and Bank Al-Maghrib

Financial institutions in Morocco are subject to strict transparency requirements. When a judicial investigation is launched, the authorities may order the freezing or seizure of assets suspected of being linked to terrorism financing.

According to Article 2 of the counter-terrorism legal framework, judicial authorities can seek the direct assistance of Bank Al-Maghrib (the Central Bank of Morocco) to execute these measures. The central bank acts as a technical intermediary, ensuring that freezing orders are implemented across the banking sector effectively. The judicial authorities are required to keep Bank Al-Maghrib informed of all measures taken and any subsequent decisions regarding the status of the seized funds.

International Cooperation and Extraterritorial Jurisdiction

Morocco’s legal reach regarding terrorism is notably broad, reflecting the global nature of the threat. Under Article 1 of Section Two of the Code of Criminal Procedure, Moroccan courts have the jurisdiction to prosecute any individual—whether Moroccan or foreign—who commits a terrorist offence outside the Kingdom, provided they acted as a principal perpetrator or an accomplice.

There are specific conditions for this extraterritorial jurisdiction:

1. Crimes targeting Morocco: If the act harms the Kingdom or its interests, prosecution can proceed regardless of where the suspect is located.
2. Crimes not targeting Morocco: If the act was committed abroad by a foreigner and did not target Moroccan interests, the individual can only be prosecuted if they are physically present on Moroccan territory.
3. Double Jeopardy: A person cannot be prosecuted in Morocco if they can prove they have already received a final judgment abroad for the same act and have either served their sentence or seen it expire due to the statute of limitations.

Handling Foreign Requests and Asset Seizures

Morocco actively participates in international treaties regarding the suppression of terrorism financing. Article 6 of the Code of Criminal Procedure allows the Moroccan government to respond to requests from foreign states to take action against assets located in Morocco.

Upon receiving such a request, the Public Prosecutor can:

• Identify and trace the proceeds of terrorism financing or property intended for use in such crimes.
• Freeze or seize the identified property.
• Take precautionary measures to ensure the assets are not moved or hidden.

However, the Moroccan state maintains its sovereignty. Article 7 stipulates that the Public Prosecutor must refuse a foreign request if:

• Execution would harm the sovereignty, security, or fundamental interests of Morocco.
• A final Moroccan judicial decision has already been rendered on the same acts.
• The foreign judgment did not provide adequate guarantees for the rights of the defence.
• The acts in question are found to have no actual link to the financing of terrorism.

Conclusion

The Moroccan legal framework provides a comprehensive set of tools to combat the financing of terrorism, balancing aggressive investigative powers with clear judicial safeguards. By involving the Public Prosecutor, the Central Bank, and international cooperation mechanisms, Morocco has created a system that prioritises financial transparency and global security. For businesses and financial institutions operating in the Kingdom, compliance with these rigorous standards is not just a legal obligation but a contribution to national and international safety.

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