Legal component

Studies and legal watch

a. Legal studies :

In order to ensure that the interests and rights of MLA are taken into account and that they are integrated into public policies, the Ministry has set up a legal studies unit to:

  • Ensure the monitoring and analysis of legal developments that affect the interests of MLA.
  • Analyze in advance the draft laws that have an impact on the rights and achievements of the Moroccan community.
  • Draft legal texts relating to the protection of the rights of MLA.

Legal and regulatory texts relating to the assets and cash held abroad by Moroccans residing abroad transferring their tax residence to Morocco:

1- Law n°63-14 relating to the assets and cash held abroad by Moroccans residing abroad who transfer their tax residence to Morocco

2-Circular n°2/2015 relating to the opening of accounts in foreign currencies or convertible dirhams in Morocco and accounts abroad, in the name of Moroccans who have resided abroad and declared their assets and cash held abroad within the framework of Law 63-14

3- Order of the Minister of Economy and Finance n° 3005.15 of 23 September 2015..

4- Model print of the declaration in accordance with the provisions of Law No. 63-14 on the assets and liquidity held abroad by Moroccans Residing Abroad transferring their tax residence to Morocco, promulgated by Dahir No. 1-15-25 of 29 Rabi II 1436 (19 February 2015).

 

b. Legal watch :

In view of the heterogeneity of legislation in force in host countries and the recurrence of amendments to legal texts that affect the experience and legal situation of members of the Moroccan community abroad, the Ministry has set up a structure dedicated to legal monitoring. This proactive approach aims to

  • collect all the legal texts that affect the experience of MLA in host countries.
  • Set up a database containing judicial cooperation agreements..
  • Mobilize the network of “Moroccan Lawyers overseas” to act during the discussions of draft legal texts that impact on the interests of the Moroccan community.

Decree No. 2015-1239 of 6 October 2015 on assistance for the family and social reintegration of former migrants in their country of origin and the creation of a management fund: https://www.legifrance.gouv.fr/eli/decret/2015/10/6/AFSS1514240D/jo

 

c. Moroccan Lawyers overseas forum :

The mobilization of Moroccan Skills residing abroad is one of the major components of the strategy of the Ministry Delegate in charge of Moroccans Residing Abroad. It consists in using the potentialities of Moroccan skills established abroad to strengthen their contribution to the development of their country of origin.

To succeed in this challenge, the Ministry has adopted an approach that aims to offer these skills a framework that facilitates not only their involvement in the country’s structural projects but also the opportunity to enter into partnerships with Moroccan public and private actors in order to promote their expertise and know-how. This approach has made it possible to bring together in networks men and women of Moroccan origin, born or settled abroad and exercising different branches of professional activities (information technologies, communication, automotive industry, research, education and bars…)

It is within this framework that the 1st Forum of MLA Lawyers was organised, at the initiative of the Ministry, on 08 April 2016 in Rabat. It brought together, over a one-day period, some fifty multidisciplinary MLA lawyers practising in the bars of 11 host countries. At the end of this meeting, several objectives and results were achieved, including in particular the networking of “Moroccan Lawyers overseas” with a view to establishing an appropriate governance framework bringing them together.

In the same vein, the 2nd edition of this forum, held on 24 and 25 November 2017 in Agadir, also at the initiative of the Ministry, was marked by the participation of several Moroccan lawyers from Morocco and abroad. In addition to the lawyers belonging to the Moroccan Bar Association and their fellow members of the network established during the 1st Forum, new Moroccan skills exercising the profession of lawyer within the bars of several host countries also took part in this event.

During the two days of this meeting, several themes were discussed. This made it possible to highlight several recommendations and answer questions related to: “legal and judicial support for MLA in vulnerable situations (elderly people, detainees,unaccompanied minors)”, “cooperation and coordination mechanisms between the Moroccan Bar Association and the MLA network of lawyers” as well as “the challenges facing the legal profession in the era of globalization”.

As part of the follow-up and implementation of these recommendations and for a better animation of the network of “Moroccan Lawyers overseas network”, a meeting was held at the initiative of the Ministry on 17 March 2018 in order to institutionalize this Network.

The objectives assigned to this structure are as follows:

  1. Unleash MLA lawyers for the animation and management of their network set up during the 2nd edition of their Forum.
  2. To provide Moroccans residing abroad with access to guidance and legal and judicial assistance services in their host country.
  3. Facilitate coordination, collaboration and exchange between the network of Moroccan lawyers residing abroad and the Association of Moroccan Bar, in particular with regard to access to legal and judicial information (texts of laws, judgments and final decisions rendered by Moroccan courts, case law of the Court of Cassation, etc.) in Morocco and/or in the host countries.
  4. Organize awareness and sensitization programs for MLA on their rights and duties.
  5. Defend Morocco’s supreme interests in international meetings and forums.

 

d. The Ministry has organized, on February 08 and 09, 2019 in Marrakech, in collaboration with the Ministry of Justice, the High Council of justice, the Presidency of the Prosecutor General’s Office and the Moroccan Bar Association, a conference on the theme “The Family Code in the Light of Comparative Law and International Conventions” on the occasion of the 3rd MLA Lawyers’ Forum.

The expected purpose of this meeting was to discuss the difficulties encountered by Moroccans overseas in the registration of marriage certificates due to the conflict of laws between national laws and those in force in host countries or the implementation of bilateral conventions in this area.

Legal and social requests
The Ministry Delegate in charge of Moroccans Living Abroad oversees the processing of MLA requests and complaints of a legal, administrative and judicial nature.

This program consists of:

  • Deal with legal and social complaints from MLA and, if necessary, direct them to concerned departments.
  • Support MLA in their administrative and legal procedures with the relevant public services.
  • Contribute to improving access to public services through the monitoring of actions undertaken within the framework of the single Desk dedicated to MLA in administrations, public institutions and local authorities, established following the Head of Government’s circular n°7/2015 dated 20 July 2015.
  • Organize awareness and communication meetings for the benefit of MLA, in collaboration with the departments concerned both in Morocco and in the host countries.

Decree No. 2.17.265 dated 23 June 2017 concerning the filing of requests and the suggestions and observations made by the applicants

Circular n°7/2015 dated 20 July 2015 in order to facilitate MLA access to public services during their stay in Morocco (single desk):

Circular n° 5566/311 dated 22/11/2016 relating to the consumption of motor vehicles with 90% allowance.

Circular from the Head of Government setting out the procedures for certifying the conformity of copies with their originals, as provided for in Decree No. 2-17-410. (Arabic version)

Circular no. 28/S2 dated 04/08/2016 on the application of the “apostille” convention:

Circular n°410 of 26/10/2017 relating to the dematerialization of the services of the ANCFCC agency (MOHAFADATI service)

Service” MOHAFADATI” 

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