Morocco, 2015 | Government Defence Anti-Corruption Index

This country is placed in Band F

Morocco’s GI ranking in Band F places it in the highest and most critical corruption risk category. To reduce corruption risk and build integrity, security sector reforms are urgently needed across the following issue-areas:

Institutional oversight and accountability

The 2011 Constitution was a step by the leadership towards greater openness and accountability. This should now be built upon through increased provision for defence and security oversight - there is currently no dedicated legislative committee tasked with exercising oversight over defence policy and spending. Nor does the government publish a defence budget. This information should be released publicly, on an annual basis, and include detailed information on expenditure to help ensure that the budget is spent on arms and equipment that actually meet Morocco’s strategic needs.
Weak institutional oversight combined with a lack of anti-corruption enforcement has enabled those in positions of power to manipulate systems for personal benefit and creates a culture of impunity. Defence involvement in the commercial sector is a major corruption risk. In Morocco, individuals within the military are legally permitted to have beneficial ownership of business such as fishing companies. Our assessment indicates that this is especially prevalent among high-ranking officers. The profit received from these revenue streams is not subject to any review. We recommend that the government explicitly outlaw private enterprise by defence and security institutions and personnel, and that enforcement is overseen by a robust and independent agency, with strong sanctions in place for offenders.
Morocco has no evidence of an internal or external audit function for the defence sector nor of any institution tasked with building integrity and countering corruption in defence to ensure these funds are appropriately spent. These bodies should be established, allowed to operate independently and allocated adequate financial and human resources to carry out and coordinate its mission effectively and institute regular audits of the MOD.

Engagement with the Public

The reforms launched since the 2011 Constitution do not include corruption. The MOD could open dialogue with civil society in order to benefit from their expertise in building integrity and allow a space in which civil society can operate and assist in formulating policies to enhance transparency. This would send a strong signal that the defence sector is there to defend the state and serve the needs of the general population.
The Moroccan government, unlike Saudi Arabia, Jordan, Tunisia and Iraq, did not complete a government review of the 2015 GI research. We urge the government to take part in this dialogue in future.

Political 16%
Financial 20%
Personnel 10%
Operational 20%
Procurement 13%

Leadership 30

01.

score

Is there formal provision for effective and independent legislative scrutiny of defence policy?

Researcher + Peer Reviewer1806: 1) The new Constitution (of July 1st 2011) states the separation of power that allows for legislative scrutiny of some of the King's policies. However, the Armed Forces are nowhere to be found in the list of realms falling under this scrutiny. The only mention of defence policies in the Constitution are:
- Article 30: The King is the Supreme Chief of the Royal Armed Forces. He appoints to civil and military positions and can delegate this power.
- Article 16: All citizens contribute to the homeland's defence.

2) In his March 9th 2011 speech, the King announced he would preside over a High Security Council (Conseil Supérieur de Sécurité du Maroc) whose mission is to &quoute;deal with structural and unplanned internal security questions&quoute;. The heads of the the judiciary, legislative and executive powers will take part in this council but the latter only have consultative power.

3) There is no Defence Ministry placed under the authority of the Prime Minister, and the heads of intelligence services report directly to the King.

COMMENTS -+

Constitution of the Kingdom of Morocco of July 1, 2011. http://www.maroc.ma/en/content/constitution

Ali Amar, &quoute;Les Réformes en Trompe-l'oeil de Mohammed VI&quoute;, Slate, June 20, 2011. Last accessed July 20, 2014. http://www.slateafrique.com/2739/reformes-democratie-mohammed-vi.

AFP, &quoute;Nicolas Sarkozy salue la réforme proposée par le Roi&quoute;, Libération, June 17, 2011. Last accessed July 20, 2014.
http://www.liberation.fr/monde/2011/06/17/maroc-sarkozy-salue-la-reforme-proposee-par-le-roi_743485

Website of the Moroccan administration, &quoute;La liste du gouvernement&quoute; (the Governement's list), http://www.maroc.ma/fr/content/la-liste-du-gouvernement.

Dris, Cherif (2013): Morocco: The King as Commander of the Faithful and Supreme Commander of the Armed Forces. In: Zoubir, Yahya H. / Dris-Ait-Hamadouche, Louise (2013): Global Security Watch: The Maghreb: Algeria, Lybia, Morocco, and Tunisia. Santa Barbara: ABC-CLIO. Pp. 10 - 13

SOURCES -+

Opinion: Agree with Comments

Comment: a) The king exercises total control over the military and, in the current political climate, does not seem to be willing to share any of this power. See: Dris, Cherif (2013): Morocco: The King as Commander of the Faithful and Supreme Commander of the Armed Forces. In: Zoubir, Yahya H. / Dris-Ait-Hamadouche, Louise (2013): Global Security Watch: The Maghreb: Algeria, Lybia, Morocco, and Tunisia. Santa Barbara: ABC-CLIO. Pp. 10 - 13.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

02.

score

Does the country have an identifiable and effective parliamentary defence and security committee (or similar such organisation) to exercise oversight?

Researcher + Peer Reviewer1806: According to the website of the Parliament, the Assembly of Representatives' permanent commissions exercise oversight on the following topics:

- Foreign Affairs, (National Defence,) Islamic Affairs and Moroccan Citizens Residing Abroad.
- Internal Affairs, Local Authorities and Urban Policy.
- Justice, Law-Making and Human Rights.
- Finance and Economic Development.
- Social Sectors.
- Production Sectors.
- Infrastructures, Energy, Mining and Environment.
- Education, Culture and Communication.
- Public Finance Monitoring.

The first committee in the list includes 'National Defence' in some but not all documents and webpages which is why it is listed in parentheses. It is therefore unclear if defence and military issues are covered by the committee.

There is no mention of a dedicated defence committee in the press or in reports by NGOs (Transparency International, Amnesty International, Human Rights Watch). One article in the Moroccan press stated however, that the Justice, Law-Making and Human Rights Commission are currently working (as of July 2014) on a draft related to the reform of military justice (according to this law civilians shall not be judged by military courts anymore, regardless of the offence they are accused of).

Response to Peer Reviewer: Agree, score increased to reflect criteria: &quoute;There is a defence committee or similar institution, but it has minimal formal rights of oversight, OR there are considerable concerns over its effectiveness.&quoute;

COMMENTS -+

Website of the Parliament, &quoute;Président des commissions permanentes - Session d'Avril 2014&quoute; (Permanent Commissions Presidents, April 2014 Session), last accessed on June 20, 2014 http://www.parlement.ma/fe/_commissions1.php?filename=201404280914200.

Larbi Amine, &quoute;Un général des FAR provoque une controverse au parlement marocain&quoute;, LeMag, July 1, 2014
http://www.lemag.ma/Un-general-des-FAR-provoque-une-controverse-au-parlement-marocain_a84263.html

Mourad Tabet, &quoute;Maroc: la réforme du tribunal militaire atterrit au Parlement&quoute;, Libération, May 20, 2014. Last accessed on July 20, 2014 http://fr.allafrica.com/stories/201405201068.html.

SOURCES -+

Opinion: Disagree

Comment: a) There seems to be a &quoute;Committee of Foreign Affairs, National defence, Islamic Affairs and Moroccans living abroad&quoute; (http://www.diplomatie.ma/en/Diplomatieparlementaire/tabid/2933/vw/1/ItemID/10902/language/en-US/Default.aspx), however, it appears to have very limited authority.

b) For example, in 2005, Morocco’s Equity and Reconciliation Commission pointed to &quoute;non-existent or inadequate oversight of security forces&quoute; and called for &quoute;(s)trengthen(ing) the constitutional principle of the separation of powers&quoute;. See Geneva Centre for the Democratic Control of Armed Forces (2009): Security Sector Reform in Light of the Recommendations of Morocco’s Equity and Reconciliation Commission.

c) Also, there is some evidence of &quoute;positive developments as far as the work of parliamentary oversight committees dealing with security and defence issues is concerned. While in principle committee meetings are secret, the chairs of the committees increasingly lift the veil of secrecy and invite media to attend the sessions.&quoute; See Geneva Centre for the Democratic Control of Armed Forces / Belgian House of Representatives / UNDP (2007): Summary Workshop Report. Strengthening the Role of Parliament in Security and Defence Budgeting and Procurement. http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0CCwQFjAB&url=http%3A%2F%2Fwww.dcaf.ch%2Fcontent%2Fdownload%2F34339%2F523895%2Ffile%2Freport.pdf&ei=n6yOVOK4OMPW7Aaj0YHgBA&usg=AFQjCNFPrJOeYCRCcMFm8hJT84Ebe6EH9w&bvm=bv.81828268,d.ZGU (Last acessed 15 December 2014).

Suggested score: 1

Peer Reviewer-+

Opinion: Agree with Comments

Comment: There is a possibility of ad hoc military-related committees being held internally in the the FAR, but would not be publicly disclosed.

Suggested score:

Researcher + Peer Reviewer-+

03.

score

Is the country's national defence policy debated and publicly available?

Researcher + Peer Reviewer1806: No evidence of a publicly debated defence policy was found whatsoever. However there is one element available to the public - the protection of territorial integrity, as stated in the July 1st 2011 Constitution. This refers to the occupation by the Moroccan army of the Western Sahara region, considered by Morocco as a &quoute;southern province&quoute;.

Article 19 states that &quoute;The King ensures the Nation's independence and the Kingdom's territorial integrity in its original boundaries&quoute; and Article 35 states that &quoute;When the national territory's integrity is threatened (...) the King (...) can establish a state of emergency&quoute;.

Antil, Bennaciri and Saidy have commented that this concern over territorial integrity is a permanent feature of the defence policy.

Bennaciri adds that since the May 16, 2003 terrorist attacks in Casablanca the military is also engaged in the fight against terrorism, another element of defence policy.

COMMENTS -+

Constitution of the Kingdom of Morocco of July 1, 2011. http://www.maroc.ma/en/content/constitution

Alain Antil, &quoute;Le Royaume du Maroc et sa politique envers l'Afrique Sub-Saharienne&quoute;, Institut Français des Relations Internationales, November 2013. Last accessed July 20, 2014.
https://www.google.fr/url?sa=t&rct=j&q=&esrc=s&source=web&cd=9&ved=0CGsQFjAI&url=http%3A%2F%2Fwww.defence.gouv.fr%2Fcontent%2Fdownload%2F13832%2F125918%2Ffile%2Fepmes_le_maroc_et_sa_politique_envers_l_afrique_subsaharienne_etude.pdf&ei=DwjMU8nDLYmd0AWMrYDgBQ&usg=AFQjCNGDK4T_hyJOHb2YGFdJitnUGASmjQ&sig2=NpykGpuBOzihNN3ELJYxZQ&bvm=bv.71198958,d.bGQ&cad=rja

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014.
http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

04.

score

Do defence and security institutions have a policy, or evidence, of openness towards civil society organisations (CSOs) when dealing with issues of corruption? If no, is there precedent for CSO involvement in general government anti-corruption initiatives?

Researcher + Peer Reviewer1806: In March 2013 the Nation Human Rights Council (CNDH) published a memorandum advocating for the reform of the Military Justice Code. However, the issue of corruption was not addressed. The CNDH was created by royal decree but is meant to operate independently from the government.

According to its website, the establishment of the National Human Rights Council &quoute;strengthens the commitment of Morocco to protecting citizens’ rights and freedoms. It reflects Morocco's respect to its international commitments in the protection and promotion of human rights. The successor to the former Advisory Council on Human Rights (CCDH), which was set up on the eve of the political changeover in 1990, the National Human Rights Council was established to reinforce and consolidate the rule of law and the institution-based State. It substitutes the former Advisory Council, which was one of the key institutions concerned with the democratic transition in Morocco, mainly regarding the settlement of the past gross human rights violations, mainly after its first reform in 2002.

The creation of this new national institution for the protection and defence of human rights and freedoms in Morocco, in conformity with the Paris Principles, regulating national human rights institutions, takes into account several factors, including the following: positive achievements of the Advisory Council in the promotion of human rights and freedoms and the settlement of past gross human rights violations; achievement of the strategic objectives of the Moroccan transitional justice experience; will to have an independent national human rights institution with a broader mandate that takes part in the dynamics of the advanced regionalization&quoute;.

Following King Mohammed VI's speech on March 9th 2011 Transparency International Morocco advocated for the fight against corruption to be taken into account in the new set of reforms launched by the new July 1st 2011 Constitution. The results were not significant in this regard.

Despite conducting searches, neither a precedent for CSO involvement in general government anti-corruption initiatives beyond press releases and reports (mainly from TI Morocco) nor evidence of defence and security institutions openness towards civil society organisations (CSOs) when dealing with issues of corruption was found.

RESPONSE TO PEER REVIEWER 1: The Central Institution for the Prevention of Corruption exists but it does not appear to be very active.

COMMENTS -+

National Human Rights Council, Memorandum for the Military Justice Code, last accessed on July 20, 2014 http://www.ccdh.org.ma/fr/memorandum-sur-le-code-de-justice-militaire.

AFP, &quoute;Tous les organismes d'Etat, y compris l'armée doivent être contrôlés&quoute;, AufaitMaroc, April 24, 2011. Last accessed on July 20, 2014 http://www.aufaitmaroc.com/actualites/maroc/2011/4/26/les-organismes-detat-y-compris-larmee-doivent-etre-controles

National Human Rights Council Website - http://www.ccdh.org.ma/an/about-cndh/about-us

'Les organismes d’Etat, y compris l’armée, doivent être contrôlés', Au Fait, April 26 2011. http://www.aufait.ma/2011/04/26/les-organismes-detat-y-compris-larmee-doivent-etre-controles_259764

SOURCES -+

Opinion: Agree with Comments

Comment: The Moroccan Ministry for Foreign Affairs and Cooperation lists the fight against corruption as one of six key global questions the Moroccan government is working on. It is mentioned on the website that in August 2008, a Central Institution for the Prevention of Corruption (Instance Centrale pour la Prévention de la Corruption) was activated. The Institution is said to be composed of 50% ministerial representatives and 50% representatives of other sectors such as the Chambers of Industry and Commerce, trade unions and civil society organisations. However, while the ministerial representatives are listed by name, no details about the other half of the Committee are given. See http://www.diplomatie.ma/ActionduMaroc/Lesquestionsglobales/Luttecontrelacorruption.aspx (last accessed 15 December 2014).

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

05.

score

Has the country signed up to international anti-corruption instruments such as, but not exclusively or necessarily, UNCAC and the OECD Convention? (In your answer, please specify which.)

Researcher + Peer Reviewer1806: Summary: There has been thorough formal compliance to the international treaties but evidence shows that the formal instruments set up to fight corruption have failed to address the issue.

1) Adhesion to international treaties: Morocco signed the 2003 United Nations Convention Against Corruption on December 9th 2003 (and was one of the first countries to do so) and ratified it on May 9th 2007 (much later than most of the countries that signed the convention around the same time as Morocco).
It also signed the 2000 Palerma Convention on December 13th 2000 and ratified it on September 19th 2002.

Morocco is not eligible to sign the OECD convention as it is neither a member of the OECD or nor a full participant in the OECD Working Group on Bribery in International Business Transactions. However, it has signed the OECD Declaration on Propriety, Integrity and Transparency in the Conduct of International Business and Finance in 2012.

2) Compliance:

- The Moroccan Penal Code severely punishes corruption. More than 10 articles (Articles 248 to 256-bis) are dedicated to it in Section IV &quoute;About corruption and insider influence&quoute; of Chapter 3 &quoute;About Crimes and Offences Against Public Order Committed by Civil Servants&quoute; of Titre I of Book III. Those found guilty of corruption face between five and ten years of imprisonment.

- The National Commission for the Fight Against Corruption (ICPC) was created on March 13, 2007 as a compliance to Article 6 of the 2003 United Nations Convention Against Corruption. It is headed by Abdesalam Aboudrar, co-founder of Transparency Morocco. Its aim is to suggest to the government solutions to fight corruption, to raise awareness about the issue among the public, develop international cooperation in this regard, ensure the implementation of anti-corruption measures, document the phenomenon in the country and inform the judiciary of potential corruption cases.

- The new Constitution states in Articles 36 and 137 that corruption is punished by law. It also provides for the creation of an new anti-corruption governmental organisation, the &quoute;Instance nationale de probité, de prévention et de lutte contre la corruption&quoute; that should replace the ICPC.

- The increase in the number of corruption cases brought to court shows the efficiency of these compliance tools. However, academics and NGOs alike note that corruption remains a widespread phenomenon within public administration.

COMMENTS -+

Website of the United Nations Office on Drugs and Crime, &quoute;United Nations Convention against Corruption Signature and Ratification Status as of 2 April 2014&quoute;, Last accessed July 20, 2014, https://www.unodc.org/unodc/en/treaties/CAC/signatories.html.

Website of the United Nations Office on Drugs and Crime, &quoute;STATUS AS AT : 20-07-2014 05:03:37 EDT CHAPTER XVIII PENAL MATTERS 12 . United Nations Convention against Transnational Organized Crime New York, 15 November 2000&quoute;, Last accessed July 20, 2014. https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12&chapter=18&lang=en

Younes El Khadi, &quoute;La Lutte contre la corruption et la moralisation la vie publique au Maroc,&quoute; rapport de master en administration publique, Ecole Nationale d'Administration, 2005. Last accessed on July 20th, 2014 on http://www.ena.fr/index.php?/fr/content/download/844/5433/file/ElKhadi.pdf.

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Website of the ICPC, last accessed on July 20, 2014 http://www.icpc.ma/wps/portal.

Database of press articles related to corruption in Morocco, last accessed on July 20, 2014: http://www.happyknowledge.com/subs/UU7xAh--7AACWL2_/Corruption-au-Maroc/#.U8wgK4B_ulM.

Moroccan Penal Code, published as &quoute;DAHIR N° 1-59-413 DU 28 JOUMADA II 1382 (26 NOVEMBRE 1962) PORTANT APPROBATION DU TEXTE DU CODE PÉNAL. Bulletin Officiel n° 2640 bis du mercredi 5 juin 1963, p. 843, last accessed on July 20, 2014 on http://adala.justice.gov.ma/production/legislation/fr/penal/Code%20Penal.htm.

Constitution of the Kingdom of Morocco of July 1, 2011. http://www.maroc.ma/en/content/constitution

Abderrafi Aloumliki, &quoute;Casablanca : Un an de prison pour un médecin accusé de corruption&quoute;, Aujourd'hui Le Maroc, February 28, 2012. Last accessed on 20 July 2014 http://www.aujourdhui.ma/une/faits-divers/casablanca-un-an-de-prison-pour-un-medecin-accuse-de-corruption-81602#.U8wf_YB_ulM.

Unknown, &quoute;Trois gendarmes devant la justice pour corruption&quoute;, AgadirNet, January 25, 2008. Last accessed on 20 July 2014 http://www.agadirnet.com/news-actualites/details__4972.html.

AFP, &quoute;Sept douaniers condamnés à un an de prison pour corruption&quoute;, Au Fait Maroc, December 12, 2012. Last accessed on July 20, 2014 http://www.aufaitmaroc.com/actualites/maroc/2012/12/11/sept-douaniers-condamnes-a-un-an-de-prison-pour-corruption_201050.html#.U8wgAYB_ulM.

Unknown, &quoute;Plus d'affaires de corruption devant les tribunaux&quoute;, Aujourd'hui Le Maroc, January 6, 2006. Last accessed on July 20, 2014 http://www.maghress.com/fr/aujourdhui/42708.

Unknown, &quoute;La corruption au Maroc, les chiffres&quoute;, Réputation & Corruption, un lieu de réflexion et d'analyse autour du concept de corruption, 2013. Last accessed on July 20, 2014, http://www.makanat.co/le-maroc-en-chiffres/.

Hafsa Sakhi, &quoute;Lutte contre la corruption : le projet de loi au cœur des discussions&quoute;, Le Matin, January 22, 2013. Last accessed on July 20, 2014 http://www.lematin.ma/journal/Lutte-contre-la-corruption---le-projet-de-loi-au-coeur-des-discussions/177016.html#sthash.0JlaAmnT.dpuf.

Unknown, &quoute;De l'ICPC à l'instance nationale de probité, de prévention et de lutte contre la corruption&quoute;, Au fait Maroc, June 13, 2014. Last accessed on July 20, 2014. http://m.aufaitmaroc.com/actualites/maroc/2014/6/13/de-licpc-a-linstance-nationale-de-probite-de-prevention-et-de-lutte-contre-la-corruption_220211.html#___1__.

Transparency International, &quoute;It Belongs to You: Public Information in the Middle East and Northern Africa&quoute;, 2013. http://action.transparency.org/morocco/morocco-challenging-secrecy

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

'Le Maroc et l'OCDE', Ambassade du Royaume du Maroc en France, http://www.amb-maroc.fr/Dossiers/ocde.htm

SOURCES -+

Opinion: Agree with Comments

Comment: An overview of actions taken by the Moroccon government in the fight against corruption, including treaties signed, can be found on the website of the Ministry for Foreign Affairs and Cooperation. See http://www.diplomatie.ma/ActionduMaroc/Lesquestionsglobales/Luttecontrelacorruption.aspx (last accessed 15 December 2014).

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

06.

score

Is there evidence of regular, active public debate on issues of defence? If yes, does the government participate in this debate?

Researcher + Peer Reviewer1806: There is evidence (as shown in various press articles) that NGOs (such as Transparency International), parliamentary representatives and journalists engage in regular debates about issues of defence, and that these debates are well covered by the press. However, the role the King plays in the military, corruption and the issue of the Western Sahara are seldom addressed, particularly in the local press.

Moreover, there is a lack of evidence that the Government participates in this debate, which may indicate that the former does not take into account the outcomes of the latter. More importantly, there is also a lack of evidence that the King - who has been head of the military since the 1971 and 1972 coup attempts and the suppression of the Ministry of Defence - takes notice of the public debate in his policies.

RESPONSE TO PEER REVIEWERS: Agreed. Score changed from 0 to 1.

COMMENTS -+

Ali Amar, &quoute;Le Maroc cherche à sanctuariser l'armée&quoute;, Slate Afrique, June 28, 2012. Last accessed on June 22, 2014. As of July 20, 2014 the article could not be found anymore
http://www.slateafrique.com/88791/maroc-cherche-sanctuariser-armee-immunite-impunite-droits-homme.

Unknown, &quoute;Les dessous de la hausse du budget de la défense&quoute;, Secret Difa3, January 3, 2014. Last accessed on July 20, 2014, http://secret-difa3.blogspot.fr/2014/01/maroc-les-dessous-de-la-hausse-du.html.

AFP, &quoute;Tous les organismes d'Etat, y compris l'armée doivent être contrôlés&quoute;, AufaitMaroc, April 24, 2011. Last accessed on July 20, 2014 http://www.aufaitmaroc.com/actualites/maroc/2011/4/26/les-organismes-detat-y-compris-larmee-doivent-etre-controles.

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

Jean-Michel Meyer, &quoute;Un général d'armée historique pour commander le sud du Maroc&quoute;, Acteurs Publics, June 18, 2014. Last accessed on July 20, 2014 http://www.acteurspublics.com/2014/06/18/un-general-d-armee-historique-pour-commander-le-sud-du-maroc.

Mohamed Saadouni, &quoute;Le projet de loi sur l'immunité des militaires marocains suscite des inquiétudes&quoute;, Magharebia, May 31, 2012. Last accessed on July 20, 2014 http://magharebia.com/fr/articles/awi/features/2012/05/31/feature-02.

Mustapha Sehimi, &quoute;Le Parlement se penche sur les libertés au sein des FAR&quoute;, Maroc Hebdo, April 27, 2012. Last accessed on July 20, 2014. http://www.maghress.com/fr/marochebdo/104865.

SOURCES -+

Opinion: Disagree

Comment: Issues of defence are discussed in the media. However, discussing the conflict over the Western Sahara, for instance, largely remains a taboo, especially if and when this involves criticising the current government.

Suggested score: 1

Peer Reviewer-+

Opinion: Disagree

Comment: Based on the assessor's comments and description, the score should be placed in a higher category (I recommend No. 1).

In light of this, there is some public debate on defence issues, albeit minimal and of little consequence to the overall sector. Thus a criteria ranking of no higher than 2 should be considered.

Suggested score: 1

Researcher + Peer Reviewer-+

07.

score

Does the country have an openly stated and actively implemented anti-corruption policy for the defence sector?

Researcher + Peer Reviewer1806: Although the Constitution does not exempt the defence sector from the fight against corruption none of the tools (legal documents, institutions) address corruption in this sector. The lack of evidence of an openly stated and actively implemented anti-corruption policy in this field indicates a lack of transparency which in itself implies corruption risks. When corruption risks were made public (for instance by the publicised case of Mustapha Abid, a former air force captain who acted as a whistle-blower by denouncing corruption within the Moroccan army in 1998 and was jailed as a consequence) no official enquiry was made and no trial held.

The actors involved in the report on the &quoute;Importance de l’approche sectorielle dans la lutte contre la corruption&quoute; by the ICPC (Central Instance for the Prevention of Corruption) are the police and gendarmerie, but not the Royal Armed Forces. Thus, one has to assume that they are not included in the official anti-corruption strategy

Even if there is no clearly recognised corruption, the closeness between the military and the King indicates possible abuses of power and obstacle to a clear and democratic decision-making process in this field.

COMMENTS -+

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

08.

score

Are there independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption?

Researcher + Peer Reviewer1806: None of the sources dealing with anti-corruption issues (the Constitution, Transparency International Report, Academic papers, websites of anti-corruption organisations, press) mention independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption. The particular status of the army and its relation to the King might explain the absence of evidence, or the absence of such institutions.

A lack of evidence for these institutions indicates a lack of transparency which in itself could imply corruption risks.

COMMENTS -+

Constitution of the Kingdom of Morocco of July 1, 2011. http://www.maroc.ma/en/content/constitution

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010. http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Ali Amar, &quoute;Le Maroc cherche à sanctuariser l'armée&quoute;, Slate Afrique, June 28, 2012. Last accessed on June 22, 2014. As of July 20, 2014 the article could not be found anymore
http://www.slateafrique.com/88791/maroc-cherche-sanctuariser-armee-immunite-impunite-droits-homme.

Younes El Khadi, &quoute;La Lutte contre la corruption et la moralisation la vie publique au Maroc,&quoute; rapport de master en administration publique, Ecole Nationale d'Administration, 2005. Last accessed on July 20th, 2014 on http://www.ena.fr/index.php?/fr/content/download/844/5433/file/ElKhadi.pdf.

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Website of the ICPC, last accessed on July 20, 2014 http://www.icpc.ma/wps/portal.

Database of press articles related to corruption in Morocco, last accessed on July 20, 2014: http://www.happyknowledge.com/subs/UU7xAh--7AACWL2_/Corruption-au-Maroc/#.U8wgK4B_ulM.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

09.

score

Does the public trust the institutions of defence and security to tackle the issue of bribery and corruption in their establishments?

Researcher + Peer Reviewer1806: According to the Transparency International Morocco Global Corruption Barometer 2013 there is a lack of trust of Moroccans concerning the will and capacity of the institutions of defence and security to tackle the issue of bribery and corruption in their establishments (37% of respondents in Morocco felt that military was corrupt/extremely corrupt).

The lack of public debate about corruption in the Moroccan military might be explained by the fear of people to express themselves on this topic because of the special status the military holds compared to other fields of the State.

RESPONSE TO PEER REVIEWER 1: The comments you provided are not specific to the defence sector. Score maintained.

COMMENTS -+

Transparency International Morocco Global Corruption Barometer 2013, last accessed on July 20 2014, http://www.transparency.org/gcb2013/country/?country=morocco.

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

SOURCES -+

Opinion: Disagree

Comment: Public opinion as reflected in newspaper articles and commentaries of academics and / or civil society organisations recognised some changes towards more transparency have been made but criticised their limited scope. See, for example: Hicham El Moussaoui (29 June 2013): Maroc : la transparence s’arrête aux portes des casernes. http://www.afrik.com/maroc-la-transparence-s-arrete-aux-portes-des-casernes (last accessed 15 December 2014).

Suggested score: 1

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

10.

score

Are there regular assessments by the defence ministry or another government agency of the areas of greatest corruption risk for ministry and armed forces personnel, and do they put in place measures for mitigating such risks?

Researcher + Peer Reviewer1806: The complete lack of transparency in the Moroccan military is highlighted by numerous sources, including NGO reports, press articles and academic sources which was also confirmed by the interviewee.

Therefore there is no evidence of regular assessments by the defence ministry or another government agency of the areas of greatest corruption risk for ministry and armed forces personnel. According to the interviewee, this lack of evidence is indicative of a lack of transparency which in itself implies corruption risks.

COMMENTS -+

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

Ali Amar, &quoute;Le Maroc cherche à sanctuariser l'armée&quoute;, Slate Afrique, June 28, 2012. Last accessed on June 22, 2014. As of July 20, 2014 the article could not be found anymore
http://www.slateafrique.com/88791/maroc-cherche-sanctuariser-armee-immunite-impunite-droits-homme.

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Younes El Khadi, &quoute;La Lutte contre la corruption et la moralisation la vie publique au Maroc,&quoute; rapport de master en administration publique, Ecole Nationale d'Administration, 2005. Last accessed on July 20th, 2014 on http://www.ena.fr/index.php?/fr/content/download/844/5433/file/ElKhadi.pdf.

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014.
http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

Interview with Interviewee 1, Moroccan civil society activist and journalist, June 19th and July 11th 2014.

SOURCES -+

Opinion: Agree with Comments

Comment: No evidence could be found for regular assessments by the defence ministry or another government agency of the areas of greatest corruption risk for ministry and armed forces personnel or for measures for mitigating such risks.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

11.

score

Does the country have a process for acquisition planning that involves clear oversight, and is it publicly available?

Researcher + Peer Reviewer1806: The process for acquisition planning can take the shape of a call to tenders, a contest or a &quoute;negotiated process&quoute;. The general process is clear, at least in theory.

However the March 20th 2013 Code of Public Procurement Contracts that defines the procedures for procurement contracts made by the Moroccan authorities exempts the Armed Forces from a certain number of conditions, such as:

- Article 86: Procurements contracts for the Armed Forces can be proceeded without prior publicity and bid for tenders.

- Article 129: The same goes for architectural consultancy.

- Article 171: The &quoute;National Defence Administration&quoute; is exempt from the following conditions: budget restraints (Article 6), opening of the offers in public (Articles 17, 36, 46, 63, 104 and 121), publication of the estimated programme, market achievement report and a number of other documents (Article 147), use of electronic exchange procedures for documents and reverse electronic bids (Articles 148, 149 and 151), market audits and controls (Article 165), control over military equipment, weaponry and ammunition procurement contracts (Article 156).

Some military procurement contracts can result from a restricted bid to tenders without a budget limit or the establishment of an administrative certificate.

In each case the military is the only sector exempted from these conditions. These exemptions indicate a lack of transparency which in itself could imply corruption risks (source: Code of Public Procurement Contracts).

Moreover no evidence of a publicly available process for acquisition planning that involves clear oversight was found, neither in the press/NGO reports/academic sources nor from the cited interviews. No retired or working army officials that were approached agreed to express their views on the subject either.

COMMENTS -+

The March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics).
http://www.fec.org.ma/Textes/Decret2-12-349FR.pdf

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

Ali Amar, &quoute;Le Maroc cherche à sanctuariser l'armée&quoute;, Slate Afrique, June 28, 2012. Last accessed on June 22, 2014. As of July 20, 2014 the article could not be found anymore
http://www.slateafrique.com/88791/maroc-cherche-sanctuariser-armee-immunite-impunite-droits-homme.

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Younes El Khadi, &quoute;La Lutte contre la corruption et la moralisation la vie publique au Maroc,&quoute; rapport de master en administration publique, Ecole Nationale d'Administration, 2005. Last accessed on July 20th, 2014 on http://www.ena.fr/index.php?/fr/content/download/844/5433/file/ElKhadi.pdf.

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014.
http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

Interview with Interviewee 1, Moroccan Civil Society Activist and Journalist, June 19th and July 11th 2014

Skype/phone Interview with Interviewee 2, Moroccan Civil Engineer, June 14th, 16th and 17th 2014

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

12.

score

Is the defence budget transparent, showing key items of expenditure? This would include comprehensive information on military R&D, training, construction, personnel expenditures, acquisitions, disposal of assets, and maintenance.

Researcher + Peer Reviewer1806: The budget law draft and the final law refer to the defence budget in very vague terms, without breakdowns into functions or areas (except &quoute;staff&quoute; and &quoute;equipment&quoute;). It is unclear whether any further details were given to Parliament, but one should note that this draft was rejected by a majority of members of the Parliament and eventually adopted after some modifications, which was a first in the history of the country.

No other sources, including non-governmental ones, mentioning a more detailed budget with key items of expenditure (or even with a reliable general budget) were found. Foreign and Moroccan press sometimes refer to general budget but do not reveal their sources. The lack of evidence for such details indicates a lack of transparency.

COMMENTS -+

Budget law draft 110-13 for year 2014, last accessed on July 20, 2014 http://www.cgem.ma/upload/commission/fiscalite/PLF2014_fr.pdf.

Budget law for year 2014, last accessed on July 20, 2014, http://www.finances.gov.ma/fr/Pages/plf2014.aspx?m=Loi%20de%20finances%20et%20Budget.

Younes El Khadi, &quoute;La Lutte contre la corruption et la moralisation la vie publique au Maroc,&quoute; rapport de master en administration publique, Ecole Nationale d'Administration, 2005. Last accessed on July 20th, 2014 on http://www.ena.fr/index.php?/fr/content/download/844/5433/file/ElKhadi.pdf.

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014.
http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

RP defence, 'Défense en 2014 : Près de 4 milliards de dollars pour le Maroc contre plus de 12 milliards en Algérie', October 28 2013. http://rpdefence.over-blog.com/2013/10/d%C3%A9fense-en-2014-pr%C3%A8s-de-4-milliards-de-dollars-pour-le-maroc-contre-plus-de-12-milliards-en-alg%C3%A9rie.html

Sahara Question 'L’armée marocaine, une véritable force de frappe', March 29, 2013. http://sahara-question.com/fr/content/l%E2%80%99arm%C3%A9e-marocaine-v%C3%A9ritable-force-frappe

Afrik.com, 'Maroc-Russie : un rapprochement militaire ?', June 12 2014, http://www.afrik.com/ok-maroc-russie-un-rapprochement-militaire

Yabi Ladi, 'Maroc : La rigueur touchera le budget de l'armée avec moins de 32 milliards de DH prévus dans le PLF 2015', October 18 2014, http://www.yabiladi.com/articles/details/30260/maroc-rigueur-touchera-budget-l-armee.html

afrol News (9 December 2009): Morocco doubles military budget. http://www.afrol.com/articles/31948 (last accessed 15 December 2014).

SOURCES -+

Opinion: Agree with Comments

Comment: Another media report which refers to the overall budget only, without details about specific spending areas: afrol News (9 December 2009): Morocco doubles military budget. http://www.afrol.com/articles/31948 (last accessed 15 December 2014).

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

12A.

score

Is there a legislative committee (or other appropriate body) responsible for defence budget scrutiny and analysis in an effective way, and is this body provided with detailed, extensive, and timely information on the defence budget?

Researcher + Peer Reviewer1806: According to the interviewee, there is no legal provision and political or media evidence of a legislative committee responsible for defence budget scrutiny and analysis in an effective way. Such a lack of evidence might indicate a lack of transparency.

Neither the Parliament nor the Controller and Auditor General are responsible for defence budget scrutiny and analysis in any effective way.

Moreover Article 171 of the March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics) exempts the defence procurement contracts from audits and controls.

(Article 171: National defence administration commercial deals.
Commercial deals conducted by the National Defence administration for works, supplies and services are subject to the present decree.
1- However the National Defence administration is not obliged:
- to be limited, while determining the maximum- to twice the minimum of the services concerned in value or in quantity of the outline-deals provided by Art. 6 paragraph 1 indent 3 below;
- to proceed to the opening of the tenders in public as provided by Articles 16, 36, 46, 63, 104 and 121 below and the reception of the tenders by the president of the call for tender commission at the beginning of the session;
- to publish the provisional programme, the deal achievement report and the documents provided by Article 147 above;
- to appeal to electronic exchange process of documents and to reverse electronic bids provided by articles 148,149 and 151 above;
- to submit one's deals to audit and monitoring provided by Article 165 above;
- to apply measures of Article 156 for deals concerning weapon supply, ammunition and military equipment.
2- The services concerning National Defence and being confidential in regard to their nature and to the place of their execution or delivery can be submitted to a restricted call for tenders without limitation and without the establishment of an administrative certificate.
3- Concerning purchase orders, the limitations provided by Article 88 above are to be appreciated, for the National Defence administration, according to the position of the person who ordered the purchase, his team or any other person authorised with dual decree from the Head of Government and the Minister in charge of public finances.
4- The general and definitive calculation provided by the last intent of paragraph 7 of Article 6 above is established after the sum appearing on outline-deals has run out, even if contractual deadlines have been passed.
5- Deals that are of interest to national defence and that have been dealt with according to the negotiated process as stated by Article 86 paragraph II intent 2 below, can include a provision concerning industrial compensation. )

As mentioned in Question 2, there is evidence that suggests that in 2014 indeed a Committee on Foreign Affairs, National Defence, Islamic Affairs and Moroccans living abroad existed, although it was not mentioned as such on the Parliament's website. There is no evidence on the effectiveness of this committee or in fact any defence-related activity. Furthermore, the fact that a single committee is in charge simultaneously of defence issues, Islamic affairs and citizens living abroad raises questions about its focus and effectiveness.

COMMENTS -+

Website of the Controller and Auditor General, last accessed on July 20, 2014, http://www.courdescomptes.ma/.

Website of the Parliament, last accessed on July 20, 2014, http://www.parlement.ma/fe/.

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

Ali Amar, &quoute;Le Maroc cherche à sanctuariser l'armée&quoute;, Slate Afrique, June 28, 2012. Last accessed on June 22, 2014. As of July 20, 2014 the article could not be found anymore
http://www.slateafrique.com/88791/maroc-cherche-sanctuariser-armee-immunite-impunite-droits-homme.

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;,
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Younes El Khadi, &quoute;La Lutte contre la corruption et la moralisation la vie publique au Maroc,&quoute; rapport de master en administration publique, Ecole Nationale d'Administration, 2005. Last accessed on July 20th, 2014 on http://www.ena.fr/index.php?/fr/content/download/844/5433/file/ElKhadi.pdf.

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014.
http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

Skype/phone Interview with Interviewee 3, Civil Society Activist, June 9th and 25th 2014

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

12B.

score

Is the approved defence budget made publicly available? In practice, can citizens, civil society, and the media obtain detailed information on the defence budget?

Researcher + Peer Reviewer1806: The approved defence budget is made publicly available in the Budget Law. However, except for a general budget and its breakdown into &quoute;staff&quoute; and &quoute;equipment&quoute; sections, detailed information is not made available by the Moroccan authorities to the public.

No other sources, including non-governmental ones, reference a more detailed budget with key items of expenditure available to the public, which raises the question of whether the detailed budget is available at all (including to members of Parliament and NGOs). The lack of evidence for such details indicates a lack of transparency.

In June 2015,the Government sent a new version of Draft Law Number 31.13 (on access to information) to Parliament. The first version had been approved by government in July 2014. Media reports suggest that the second version still entails certain deficiencies, such as the requirement of providing legal justifications, in Article 14. According to this article, individuals requesting information from a government body have a duty to explain and justify why they need this information.

Response to Peer Reviewer: Agree.

COMMENTS -+

Budget law for year 2014, last accessed on July 20, 2014 http://www.finances.gov.ma/fr/Pages/plf2014.aspx?m=Loi%20de%20finances%20et%20Budget.

Website of the Controller and Auditor General, last accessed on July 20, 2014, http://www.courdescomptes.ma/.

Website of the Parliament, last accessed on July 20, 2014, http://www.parlement.ma/fe/.

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

Ali Amar, &quoute;Le Maroc cherche à sanctuariser l'armée&quoute;, Slate Afrique, June 28, 2012. Last accessed on June 22, 2014. As of July 20, 2014 the article could not be found anymore
http://www.slateafrique.com/88791/maroc-cherche-sanctuariser-armee-immunite-impunite-droits-homme.

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Younes El Khadi, &quoute;La Lutte contre la corruption et la moralisation la vie publique au Maroc,&quoute; rapport de master en administration publique, Ecole Nationale d'Administration, 2005. Last accessed on July 20th, 2014 on http://www.ena.fr/index.php?/fr/content/download/844/5433/file/ElKhadi.pdf.

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014.
http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

Article 19, &quoute;Morocco: Parliament must improve Draft Law on Access to Information&quoute;, 26 June 2015. Last accessed on October 6, 2015. https://www.article19.org/resources.php/resource/38023/en/morocco:-parliament-must-improve-draft-law-on-access-to-information

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: This categorisation could be moved up into #1, depending on how strict the definitions are for each category. Since the budget is available, but certain details are omitted or simply never included in the first place, it is therefore not impossible to get a partial detail of the budget allocation and spread.

Given the focus of Morocco's defence expenditure on counter-insurgency operations in the Western Sahara, it is unlikely that large portions of their budget would ever be disclosed even in ideal circumstances. That said, that it is disclosed in law it is accessible to members of the public and international observers.

Suggested score:

Researcher + Peer Reviewer-+

13.

score

Are sources of defence income other than from central government allocation (from equipment sales or property disposal, for example) published and scrutinised?

Researcher + Peer Reviewer1806: Studies on the issue of corruption in Morocco and on the Moroccan military (no study explicitly combining the two was found) do not mention anything about sources of income other than central government allocation. The particular status of the military in regard to the role the King plays in it (as the head of the military and de facto Minister of Defence) might explain this lack of transparency which in itself could imply corruption risks. If there is no corruption, it is possible that there might be conflicts of interest or a lack of differentiation between the King's sources of incomes and the military's.

One mention only of other sources of income was found in the Budget Law for year 2014. It seems that some institutions, such as the spatial detection centre in Rabat provide some side income to defence institutions (line n°4.1.2.0.0.34.001 in the Budget Law for year 2014). However, no evidence of scrutiny or auditing of this additional income was found.

COMMENTS -+

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: External budget allocation information is available, but not from the Moroccan government itself. The United States' State Department's International Military Education and Training (IMET) programme allocates a small amount per year to Morocco's defence spending, for example. (http://www.state.gov/t/pm/ppa/sat/c14562.htm).

The overall point of the analyst's comments are valid, however, thus no change is recommended.

Suggested score:

Researcher + Peer Reviewer-+

14.

score

Is there an effective internal audit process for defence ministry expenditure (that is, for example, transparent, conducted by appropriately skilled individuals, and subject to parliamentary oversight)?

Researcher + Peer Reviewer1806: Based on the cited interview and press reports, there is no proof of the existence of an effective internal audit process for defence ministry expenditure. As explained in earlier questions there is no Ministry of Defence reporting to the Prime Minister and the Defence administration reports directly to the King. A lack of evidence indicates a lack of transparency which in itself might imply corruption risks.

Moreover Article 171 of the March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics) exempts the defence procurement contracts from audit and control, without specifying if they are internal or external.

(Article 171: National defence administration commercial deals.
Commercial deals conducted by the National Defence administration for works, supplies and services are subject to the present decree.
1- However the National Defence administration is not obliged:
- to be limited, while determining the maximum- to twice the minimum of the services concerned in value or in quantity of the outline-deals provided by Art. 6 paragraphe 1 indent 3 below;
- to proceed to the opening of the tenders in public as provided by Articles 16, 36, 46, 63, 104 and 121 below and the reception of the tenders by the president of the call for tender commission at the beginning of the session;
- to publish the provisional programme, the deal achievement report and the documents provided by Article 147 above;
- to appeal to electronic exchange process of documents and to reverse electronic bids provided by Articles 148,149 and 151 above;
- to submit one's deals to audit and monitoring provided by Article 165 above;
- to apply measures of Article 156 for deals concerning weapon supply, ammunitions and military equipment.
2- The services concerning National Defence and being confidential in regard to their nature and to the place of their execution or delivery can be submitted to a restricted call for tenders without limitation and without the establishment of an administrative certificate.
3- Concerning purchase orders, the limitations provided by Article 88 above are to be appreciated, for the National Defence administration, according to the position of the person who ordered the purchase, his team or any other person authorised with dual decree from the Head of Government and the Minister in charge of public finances.
4- The general and definitive calculation provided by the last intent of paragraph 7 of Article 6 above is established after the sum appearing on outline-deals has run out, even if contractual deadlines have been passed.
5- Deals that are of interest to national defence and that have been dealt with according to the negotiated process as stated by Article 86 paragraph II intent 2 below, can include a provision concerning industrial compensation. )

COMMENTS -+

March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics).

Website of the Controller and Auditor General, last accessed on July 20, 2014, http://www.courdescomptes.ma/.

Website of the Parliament, last accessed on July 20, 2014, http://www.parlement.ma/fe/.

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

Ali Amar, &quoute;Le Maroc cherche à sanctuariser l'armée&quoute;, Slate Afrique, June 28, 2012. Last accessed on June 22, 2014. As of July 20, 2014 the article could not be found anymore
http://www.slateafrique.com/88791/maroc-cherche-sanctuariser-armee-immunite-impunite-droits-homme.

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Younes El Khadi, &quoute;La Lutte contre la corruption et la moralisation la vie publique au Maroc,&quoute; rapport de master en administration publique, Ecole Nationale d'Administration, 2005. Last accessed on July 20th, 2014 on http://www.ena.fr/index.php?/fr/content/download/844/5433/file/ElKhadi.pdf.

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014.
http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

Skype/phone Interview with Interviewee 4, Senior Journalist, June 15th 2014

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

15.

score

Is there effective and transparent external auditing of military defence expenditure?

Researcher + Peer Reviewer1806: There is no proof of the existence of an effective external audit process for defence ministry expenditure. As explained before there is no Ministry of Defence reporting to the Prime Minister and the Defence administration reports directly to the King.

Moreover Article 171 of the March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics) exempts the defence procurement contracts from audit and control, without specifying if they are internal or external.

(Article 171: National defence administration commercial deals.
Commercial deals conducted by the National Defence administration for works, supplies and services are subject to the present decree.
1- However the National Defence administration is not obliged:
- to be limited, while determining the maximum- to twice the minimum of the services concerned in value or in quantity of the outline-deals provided by Art. 6 paragraph 1 indent 3 below;
- to proceed to the opening of the tenders in public as provided by Articles 16, 36, 46, 63, 104 and 121 below and the reception of the tenders by the president of the call for tender commission at the beginning of the session;
- to publish the provisional programme, the deal achievement report and the documents provided by Article 147 above;
- to appeal to electronic exchange process of documents and to reverse electronic bids provided by Articles 148,149 and 151 above;
- to submit one's deals to audit and monitoring provided by Article 165 above;
- to apply measures of Article 156 for deals concerning weapon supply, ammunitions and military equipment.
2- The services concerning National Defence and being confidential in regard to their nature and to the place of their execution or delivery can be submitted to a restricted call for tenders without limitation and without the establishment of an administrative certificate.
3- Concerning purchase orders, the limitations provided by Article 88 above are to be appreciated, for the National Defence administration, according to the position of the person who ordered the purchase, his team or any other person authorised with dual decree from the Head of Government and the Minister in charge of public finances.
4- The general and definitive calculation provided by the last intent of paragraph 7 of Article 6 above is established after the sum appearing on outline-deals has run out, even if contractual deadlines have been passed.
5- Deals that are of interest to national defence and that have been dealt with according to the negotiated process as stated by Article 86 paragraph II intent 2 below, can include a provision concerning industrial compensation.)

COMMENTS -+

March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics). http://www.fec.org.ma/Textes/Decret2-12-349FR.pdf

Website of the Controller and Auditor General, last accessed on July 20, 2014, http://www.courdescomptes.ma/.

Website of the Parliament, last accessed on July 20, 2014, http://www.parlement.ma/fe/.

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

Ali Amar, &quoute;Le Maroc cherche à sanctuariser l'armée&quoute;, Slate Afrique, June 28, 2012. Last accessed on June 22, 2014. As of July 20, 2014 the article could not be found anymore
http://www.slateafrique.com/88791/maroc-cherche-sanctuariser-armee-immunite-impunite-droits-homme.

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Younes El Khadi, &quoute;La Lutte contre la corruption et la moralisation la vie publique au Maroc,&quoute; rapport de master en administration publique, Ecole Nationale d'Administration, 2005. Last accessed on July 20th, 2014 on http://www.ena.fr/index.php?/fr/content/download/844/5433/file/ElKhadi.pdf.

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014.
http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

16.

score

Is there evidence that the country's defence institutions have controlling or financial interests in businesses associated with the country's natural resource exploitation and, if so, are these interests publicly stated and subject to scrutiny?

Researcher + Peer Reviewer1806: According to an interviewee, there is evidence to suggest that the country's defence institutions have controlling or financial interests in businesses associated with the country's natural resource exploitation.

Moreover, and as stated in a Carnegie Endowment article &quoute;In resource-poor countries, public land is a source of wealth that kleptocratic networks almost universally endeavor to award to themselves. In arid countries, such as Afghanistan or Sudan, access to water and thus suitability for agriculture is the key feature determining a piece of land’s value. Elsewhere, as in Morocco or Tunisia, the most important factor may be proximity to the seashore or other tourist attractions&quoute;.

Examples include:
- Land resources: according to Lakome in 2011 the Defence administration allegedly closed a 10-billion Moroccan dirhams deal with real estate developer Addoha in all opacity for accommodation for military staff as well as for private accommodation.
- Fishing resources: according to former US Ambassador to Morocco, General Bennani (the head of the Moroccan armed forces) allegedly has substantial financial and controlling interests in the Southern Provinces' fishing resources.

Not many media reports refer to General Bennani and his financial interests. However, the above-mentioned issue was also referred to and confirmed by the interviewees.

However, given the structure of power within the military (generals only report to and are subject to scrutiny by the King) and the fact that the King is very careful to choose the most loyal officers in order to prevent another coup attempt it might be possible that individuals within the military and not the military institution as a whole has financial interests in businesses associated with the country's natural resources.

According to an interviewee, given the fact that the King is the executive head of the military and that the natural resources exploitation companies (including phosphates) belong to the Moroccan state and/or (mainly) the King there seems to be no attempt by the former to gain control over these resources.

COMMENTS -+

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

Unknown, &quoute;Quand l’ambassadeur américain à Rabat dénonçait la « corruption » du général Bennani&quoute;, Demain Online, June 21, 2014. Last accessed on July 20, 2014 http://www.demainonline.com/2014/06/21/quand-lambassadeur-americain-a-rabat-denoncait-la-corruption-du-general-bennani/.

Sarah Chayes, &quoute;Corruption: The Unrecognized Threat to International Security&quoute;, Carnegie Endowment, June 6, 2014. Last accessed on July 20, 2014 http://carnegieendowment.org/2014/06/06/corruption-unrecognized-threat-to-international-security/hcts.

Interview with Interviewee 1, Moroccan Civil Society Activist and Journalist, June 19th and July 11th 2014

Interview with Interviewee 5, Academic and Journalist, June 15th and July 12th 2014

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: The distinction that high-ranking officers rather than the military as a whole may be involved in interests in businesses is, I feel, academic. The involvement of officers who by virtue of their commissions and postings are leaders and heads of the military institutions means that the institutions themselves are involved, however nominally.

Suggested score:

Researcher + Peer Reviewer-+

17.

score

Is there evidence, for example through media investigations or prosecution reports, of a penetration of organised crime into the defence and security sector? If no, is there evidence that the government is alert and prepared for this risk?

Researcher + Peer Reviewer1806: Even in the most critical sources addressing the issue of corruption within the military, no evidence through media investigations or prosecution reports, of a penetration of organised crime into the defence and security sector was found.

The King is extremely sensitive to the potential threat of the Army wanting to seize power (as it tried to do twice in the 1970s) and he would not want to let it get involved into activities that would enable it to exercise more power than it already has and to benefit from non-scrutinised sources of income.

Despite some old media reports that cite military involvement in drug trafficking, no evidence that this has continued could be found.

COMMENTS -+

Unknown, &quoute;Quand l’ambassadeur américain à Rabat dénonçait la « corruption » du général Bennani&quoute;, Demain Online, June 21, 2014. Last accessed on July 20, 2014 http://www.demainonline.com/2014/06/21/quand-lambassadeur-americain-a-rabat-denoncait-la-corruption-du-general-bennani/.

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

Ali Amar, &quoute;Le Maroc cherche à sanctuariser l'armée&quoute;, Slate Afrique, June 28, 2012. Last accessed on June 22, 2014. As of July 20, 2014 the article could not be found anymore
http://www.slateafrique.com/88791/maroc-cherche-sanctuariser-armee-immunite-impunite-droits-homme.

National Human Rights Council, Memorandum for the Military Justice Code, last accessed on July 20, 2014 http://www.ccdh.org.ma/fr/memorandum-sur-le-code-de-justice-militaire.

AFP, &quoute;Tous les organismes d'Etat, y compris l'armée doivent être contrôlés&quoute;, AufaitMaroc, April 24, 2011. Last accessed on July 20, 2014 http://www.aufaitmaroc.com/actualites/maroc/2011/4/26/les-organismes-detat-y-compris-larmee-doivent-etre-controles

Alain Antil, &quoute;Le Royaume du Maroc et sa politique envers l'Afrique Sub-Saharienne&quoute;, Institut Français des Relations Internationales, November 2013. Last accessed July 20, 2014.
https://www.google.fr/url?sa=t&rct=j&q=&esrc=s&source=web&cd=9&ved=0CGsQFjAI&url=http%3A%2F%2Fwww.defence.gouv.fr%2Fcontent%2Fdownload%2F13832%2F125918%2Ffile%2Fepmes_le_maroc_et_sa_politique_envers_l_afrique_subsaharienne_etude.pdf&ei=DwjMU8nDLYmd0AWMrYDgBQ&usg=AFQjCNGDK4T_hyJOHb2YGFdJitnUGASmjQ&sig2=NpykGpuBOzihNN3ELJYxZQ&bvm=bv.71198958,d.bGQ&cad=rja

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014.
http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: Trafficking appears independent of the FAR according to OSINT sources. It is more likely that the flourishing of trafficking in Morocco is boosted in part by the focus of the Moroccan military on counter-insurgency operations.
http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=32894:moroccan-defence-spending-to-reach-us45-billion-by-2018&catid=7:Industry&Itemid=116

Suggested score:

Researcher + Peer Reviewer-+

18.

score

Is there policing to investigate corruption and organised crime within the defence services and is there evidence of the effectiveness of this policing?

Researcher + Peer Reviewer1806: There is no official policing function to investigate corruption and organised crime within the defence services. The so-called fifth office (5ème bureau) is an internal military security and intelligence force which forms part of the Armed Forces. Its task is to protect the armed forces from indoctrination and infiltration by so-called foreign forces. There is no evidence of its independence and effectiveness.

In the only publicised case of corruption within the military, a Captain in the Armed Forces was sentenced to five years in prison for accusing an aviation lieutenant colonel in the south of the country of trafficking fuel and for talking to the foreign press about the case. The court also decided to expel the Captain from the Royal Armed Forces (FAR) and refused to grant him extenuating circumstances.

According to several media reports, the officer accused was temporarily suspended by a military tribunal but soon resumed his positions and no legal action was taken against him.

According to several media reports, the most senior officer in the &quoute;Southern provinces&quoute; where the Captain was stationed was General Bennani, Commander of the Southern Area, Inspector of the Armed Forces and one of the top four officers in the whole military, whom the Captain accused of being implicated. It is alleged that his alleged proximity to the king might have prevented proper investigation into the corruption accusation.

COMMENTS -+

Unknown, &quoute;Maroc/France : nouvel incident diplomatique&quoute; , Le Figaro, June 19, 2014. Last accessed on June 20, 2014 http://www.lefigaro.fr/flash-actu/2014/06/19/97001-20140619FILWWW00435-marocfrance-nouvel-incident-diplomatique.php.

Unknown, &quoute;Maroc/France : quand Mustapha Adib tente de pénétrer dans la chambre du général Bennani&quoute;, Jeune Afrique, June 23, 201. Last accessed on July 20, 2014 http://www.jeuneafrique.com/Article/JA2789p008.xml0/.

AFP, &quoute;Maroc : un ex-officier porte plainte contre le roi&quoute;, Libération, June 20, 2014. Last accessed on July 20, 2014 http://www.liberation.fr/monde/2014/06/20/maroc-un-ex-officier-porte-plainte-contre-le-roi_1046462. (this article is no longer available)

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane. (this website is no longer available)

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Ali Amar, &quoute;Le Maroc cherche à sanctuariser l'armée&quoute;, Slate Afrique, June 28, 2012. Last accessed on June 22, 2014. As of July 20, 2014 the article could not be found anymore
http://www.slateafrique.com/88791/maroc-cherche-sanctuariser-armee-immunite-impunite-droits-homme.

Hafsa Sakhi, &quoute;Lutte contre la corruption : le projet de loi au cœur des discussions&quoute;, Le Matin, January 22, 2013. Last accessed on July 20, 2014 http://www.lematin.ma/journal/Lutte-contre-la-corruption---le-projet-de-loi-au-coeur-des-discussions/177016.html#sthash.0JlaAmnT.dpuf.

Unknown, &quoute;De l'ICPC à l'instance nationale de probité, de prévention et de lutte contre la corruption&quoute;, Au fait Maroc, June 13, 2014. Last accessed on July 20, 2014. http://m.aufaitmaroc.com/actualites/maroc/2014/6/13/de-licpc-a-linstance-nationale-de-probite-de-prevention-et-de-lutte-contre-la-corruption_220211.html#___1__.

Younes El Khadi, &quoute;La Lutte contre la corruption et la moralisation la vie publique au Maroc,&quoute; rapport de master en administration publique, Ecole Nationale d'Administration, 2005. Last accessed on July 20th, 2014 on http://www.ena.fr/index.php?/fr/content/download/844/5433/file/ElKhadi.pdf.

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014.
http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

M.M., &quoute;Le baroud d’honneur de Mustapha Adib&quoute;, 25 August 2008. Last accessed on July 13, 2015. http://www.jeuneafrique.com/73024/politique/le-baroud-d-honneur-de-mustapha-adib/

Jose Garcon, &quoute;Maroc: le capitaine Adib condamné à cinq ans de prison. L'officier avait dénoncé un trafic de carburant dans l'armée. Son avocat dénonce un «pseudo-procès»&quoute;, 19 February 2000. Last accessed on July 13, 2015. http://www.liberation.fr/monde/2000/02/19/maroc-le-capitaine-adib-condamne-a-cinq-ans-de-prison-l-officier-avait-denonce-un-trafic-de-carburan_317824

TelQuel, Unknown, &quoute;Enquête. Qui est le général Abdelaziz Bennani ?&quoute;, 13 June 2014. Last accessed on July 13, 2015. http://telquel.ma/2014/06/13/enquete-general-bennani-larmee-cestlui_2808

Yabiladi, &quoute;Maroc : Décès du général Bennani&quoute;, 20 May 2015. Last accessed on July 13, 2015. http://www.yabiladi.com/articles/details/35984/maroc-deces-general-bennani.html

bladi.net, &quoute;Moulay Hassan aux funérailles du général Bennani&quoute;, 21 May 2015. Last accessed on July 13, 2015. http://www.bladi.net/moulay-hassan-funerailles-bennani,42045.html

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

19.

score

Are the policies, administration, and budgets of the intelligence services subject to effective, properly resourced, and independent oversight?

Researcher + Peer Reviewer1806: No evidence of external oversight of any aspect of the intelligence services and no evidence of internal controls was found, in government or non-government sources (including interview). A lack of evidence for such provisions for oversight indicates a lack of transparency. According to the interviewee, it is likely however that the King or his closest advisors exert a strong control over the intelligence services, far from any external oversight. This information could not be independently verified however.

COMMENTS -+

Website of the Controller and Auditor General, last accessed on July 20, 2014, http://www.courdescomptes.ma/.

Website of the Parliament, last accessed on July 20, 2014, http://www.parlement.ma/fe/.

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Younes El Khadi, &quoute;La Lutte contre la corruption et la moralisation la vie publique au Maroc,&quoute; rapport de master en administration publique, Ecole Nationale d'Administration, 2005. Last accessed on July 20th, 2014 on http://www.ena.fr/index.php?/fr/content/download/844/5433/file/ElKhadi.pdf.

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Interview with Interviewee 6, Academic, Paris, June 20th 2014

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

20.

score

Are senior positions within the intelligence services filled on the basis of objective selection criteria, and are appointees subject to investigation of their suitability and prior conduct?

Researcher + Peer Reviewer1806: It seems that all positions, until now have been filled under secretive selections criteria.

Recently (in 2012 and 2013) the Moroccan Intelligence Services announced for the first time the organisation of transparent and external recruitment tracks. This move concerns only entry-level positions and non-sensitive positions.

It appears that senior positions within the intelligence services are not filled on the basis of objective selection criteria, and that appointees are not subject to investigation of their suitability and prior conduct. On the contrary the heads of the various intelligence services are appointed by the King without any public justification. No public lists of recently filled positions was found on any government website or in the press.

Moreover, the army was behind two major coup attempts against former King Hassan II in 1971 and 1972. Since then, Hassan II and Mohammed VI have been careful to promote only their most faithful and submissive officers at key positions, regardless of objective selection criteria.

COMMENTS -+

ALM, &quoute;Tout bouge à la DGSN&quoute;, Aujourd'hui le Maroc, September 22, 2004. Last accessed on July 20, 2014 http://www.aujourdhui.ma/une/aufildesjours/a-a-bouge-a-la-dgsn-18604#.U8xvmoB_ulM.

Unknown, &quoute;La DGST, service secret intérieur marocain recrute&quoute;, Le Mag, December 22, 2012. Last accessed on July 20, 2014, http://www.lemag.ma/Presse-La-DGST-service-secret-interieur-marocain-recrute_a65603.html.

Unknown, &quoute;Direction Générale de la Sûreté Nationale DGSN : Concours de recrutement de 248 Inspecteur de police (session 01 septembre 2013)&quoute;, July 2, 3013. Last accessed on July 20, 2014 http://www.wadeefati.com/wp/secteur-public/direction-generale-de-la-surete-nationale-dgsn-concours-de-recrutement-de-248-inspecteur-de-police-session-01-septembre-2013.html#sthash.Q7SY4DUd.dpuf.

Unknown, &quoute;Enquête : l'homme le plus secret du royaume&quoute;, Tel Quel, February 29, 2012. Last accessed on July 20, 2014 http://telquel.ma/2012/02/29/enquete-lhomme-le-plus-secret-du-royaume_544.

M.B, &quoute;DGST : Abdellatif Hammouchi remplace Ahmed Harrari&quoute;, Aujourd'hui le Maroc, December 16, 2005. Last accessed on July 20, 2014 http://www.maghress.com/fr/aujourdhui/42147.

Majdouline El Atouani, &quoute;Que se passe-t-il dans nos services secrets ?&quoute;, Maroc Hebdo, Date undisclosed. Last accessed on 20 July, 2014 http://www.maroc-hebdo.press.ma/Site-Maroc-hebdo/archive/Archives_679/html_679/quese.html.

SOURCES -+

Opinion: Agree with Comments

Comment: The criteria for selection of senior positions are unclear.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

21.

score

Does the government have a well-scrutinised process for arms export decisions that aligns with international protocols, particularly the Arms Trade Treaty (ATT)?

Researcher + Peer Reviewer1806: No evidence could be found of effective scrutiny of arms exports. This lack of transparency may indicate a risk of corruption.

Morocco has adopted a number of international conventions: the United Nations Protocol against the illicit Manufacturing of and Trafficking in Firearms, the Parts and Components and Ammunition (2001), the Arab Model Law on Weapons, Ammunitions, Explosives and Hazardous Material (2002), the Geneva Declaration on Armed Violence and Development (2006).

However it has not signed the Arms Trade Treaty (2013) and the Wassenaar Arrangement on Export Controls and Conventional Arms and Dual-Use Goods and Technologies.

Moreover, according to the UNODA, &quoute;National Reports on Small Arms Exports&quoute; (2011), Morocco has not declared its exports of light weapons in various national reports on arms export. According to Marsh, the value of exported small arms and their ammunitions by Moroccan customs was $ 866,511 in 2011.

COMMENTS -+

&quoute;Perspective Monde&quoute;, Sherbrooke University's website. Last accessed on July 20, 2014 http://perspective.usherbrooke.ca/bilan/servlet/BMTendanceStatPays?langue=fr&codePays=MAR&codeTheme=17&codeStat=SECU.GPI.WEEX.

List of signatories to the 2013 Arms Trade Treaty. Last accessed on July 20, 2014 http://disarmament.un.org/treaties/t/att.

Aaron Karp, &quoute;Completing the Count: Civilian firearms - Annexe online. Small Arms Survey 2007: Guns and the City&quoute; (Cambridge: Cambridge University Press, 2007).

League of Arab States / UNODA, &quoute;Arab Model Law on Weapons, Ammunitions, Explosives and Hazardous Material&quoute; (2002).

GDAV, &quoute;Geneva Declaration: Geneva Declaration on Armed Violence and Development&quoute; (2006).
http://www.genevadeclaration.org/fileadmin/docs/GD-Declaration-091020-EN.pdf

UNODA, &quoute;National Reports on Small Arms Exports&quoute; (2011).

Wassenaar Arrangement, &quoute;Introduction: Participating States, Wassenaar Arrangement on Export Controls and Conventional Arms and Dual-Use Goods and Technologies&quoute; (1996).

UNGA, &quoute;United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition&quoute; (2001).
https://treaties.un.org/doc/source/RecentTexts/18-12_c_E.pdf

Nicholas Marsh, &quoute;Database of Authorised Transfers of Small Arms and Light Weapons&quoute;, NISAT Small Arms Trade Database (Oslo:Norwegian Initiative on Small Arms Transfers, 2013).

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: Morocco does not possess any local defence industry. Thus the bulk of any exports would be of old or obsolete weapons and equipment. This may explain the lack of impetus in adhering to any significant export controls and legislation.
http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=32894:moroccan-defence-spending-to-reach-us45-billion-by-2018&catid=7:Industry&Itemid=116

Suggested score:

Researcher + Peer Reviewer-+

Risk management 60

22.

score

How effective are controls over the disposal of assets, and is information on these disposals, and the proceeds of their sale, transparent?

Researcher + Peer Reviewer1806: No information could be found about the procedures of asset disposals and the controls that might be in place. This absence of information can be explained by the particular status the military holds in regard to the King, who is the executive head of the military since the 1972 coup attempt. The lack of evidence is indicative of a lack of transparency. There is speculation in the media and among civil society organisations about corruption in asset disposals. However this speculation does not imply that corruption concerns the whole of the Moroccan military.

COMMENTS -+

Unknown, &quoute;Maroc/France : nouvel incident diplomatique&quoute; , Le Figaro, June 19, 2014. Last accessed on June 20, 2014 http://www.lefigaro.fr/flash-actu/2014/06/19/97001-20140619FILWWW00435-marocfrance-nouvel-incident-diplomatique.php.

Unknown, &quoute;Maroc/France : quand Mustapha Adib tente de pénétrer dans la chambre du général Bennani&quoute;, Jeune Afrique, June 23, 201. Last accessed on July 20, 2014 http://www.jeuneafrique.com/Article/JA2789p008.xml0/.

AFP, &quoute;Maroc : un ex-officier porte plainte contre le roi&quoute;, Libération, June 20, 2014. Last accessed on July 20, 2014 http://www.liberation.fr/monde/2014/06/20/maroc-un-ex-officier-porte-plainte-contre-le-roi_1046462.

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Ali Amar, &quoute;Le Maroc cherche à sanctuariser l'armée&quoute;, Slate Afrique, June 28, 2012. Last accessed on June 22, 2014. As of July 20, 2014 the article could not be found anymore
http://www.slateafrique.com/88791/maroc-cherche-sanctuariser-armee-immunite-impunite-droits-homme.

Hafsa Sakhi, &quoute;Lutte contre la corruption : le projet de loi au cœur des discussions&quoute;, Le Matin, January 22, 2013. Last accessed on July 20, 2014 http://www.lematin.ma/journal/Lutte-contre-la-corruption---le-projet-de-loi-au-coeur-des-discussions/177016.html#sthash.0JlaAmnT.dpuf.

Unknown, &quoute;De l'ICPC à l'instance nationale de probité, de prévention et de lutte contre la corruption&quoute;, Au fait Maroc, June 13, 2014. Last accessed on July 20, 2014. http://m.aufaitmaroc.com/actualites/maroc/2014/6/13/de-licpc-a-linstance-nationale-de-probite-de-prevention-et-de-lutte-contre-la-corruption_220211.html#___1__.

Younes El Khadi, &quoute;La Lutte contre la corruption et la moralisation la vie publique au Maroc,&quoute; rapport de master en administration publique, Ecole Nationale d'Administration, 2005. Last accessed on July 20th, 2014 on http://www.ena.fr/index.php?/fr/content/download/844/5433/file/ElKhadi.pdf.

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014.
http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

23.

score

Is independent and transparent scrutiny of asset disposals conducted by defence establishments, and are the reports of such scrutiny publicly available?

Researcher + Peer Reviewer1806: There is no proof of the existence of independent and transparent scrutiny of asset disposals conducted by defence establishments that deliver publicly available reports.

As explained before there is no Ministry of Defence reporting to the Prime Minister and the Defence administration reports directly to the King. The fact that the King is the executive head of the military and remains the head of State despite of the power transfer to the Prime Minister stated by the new Constitution may explain this absence of independent scrutiny.

According to the interviewee, this lack of evidence might indicate a lack of transparency which in itself could imply corruption risks.

COMMENTS -+

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

24.

score

What percentage of defence and security expenditure in the budget year is dedicated to spending on secret items relating to national security and the intelligence services?

Researcher + Peer Reviewer1806: The intelligence services report to the following authorities:
- The King: DGED (Direction Générale des Etudes et de la Documentation, foreign action)
- The Interior Ministry: DGST (Direction Générale de la Surveillance du Territoire, counter-espionnage), RG (Renseignements généraux marocains), DGAI (Direction Générale des Affaires Intérieures).
- The Royal Armed Forces: 2B (2e Bureau), 5B (5e Bureau), SRGR (Service de Renseignement de la Gendarmerie Royale Marocaine).

The 2014 Budget Law mentions only the following expenditure for the national defence:
Line 1.2.1.1.0.34.000: Staff 21 935 000 000 Moroccan Dirhams.
Line 1.2.1.2.0.34.000: Equipment and Various Expenses 5 350 000 000 Moroccan Dirhams.

And for the Interior Ministry:
Line 1.2.1.1.0.08.000: Staff 14 960 197 000 Moroccan Dirhams.
Line 1.2.1.2.0.08.000: Equipment and Various Expenses 3 302 900 000 Moroccan Dirhams.

The percentage of defence and security expenditure in the budget year dedicated to spending on secret items relating to national security and the intelligence services is therefore not available in the Budget Law.

No information could be retrieved from non-governmental sources such as press articles, academic articles and interviews. According to the interviewee, this lack of evidence might indicate a lack of transparency which in itself could imply corruption risks.

COMMENTS -+

Budget Law for the year 2014. http://www.finances.gov.ma/Docs/2013/db/6217%20F%20BIS.pdf

Unknown, &quoute;Les dessous de la hausse du budget de la défense&quoute;, Secret Difa3, January 3, 2014. Last accessed on July 20, 2014, http://secret-difa3.blogspot.fr/2014/01/maroc-les-dessous-de-la-hausse-du.html.

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014.
http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

Ali Amar, &quoute;Maroc-Algérie : des armées budgétivores&quoute;, Slate Afrique, April 4, 2012. Last accessed on July 20, 2014 http://www.slateafrique.com/21809/maroc-algerie-armement-defence-sahara-occidental.

Interview with Interviewee 5, Academic and Journalist, June 15th and July 12th 2014

SOURCES -+

Opinion: Agree with Comments

Comment: In media reports on Moroccan Minister Delegate to the Prime Minister for National defence Abdellatif Loudiyi presenting the budget document to the committee on Foreign Affairs and National defence in the House of Representatives in early November 2014, it was stated that &quoute;(a)ccording to the budget, 22.2 billion dirhams out of 31.9 have been allocated to employees-related expenses, 4.3 billion are for operating expenses, and 4.3 billion for equipment and other different expenses&quoute; (http://www.moroccoworldnews.com/2014/11/143162/morocco-increases-its-defence-budget/; last accessed 15 December 2014).

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

25.

score

Is the legislature (or the appropriate legislative committee or members of the legislature) given full information for the budget year on the spending of all secret items relating to national security and military intelligence?

Researcher + Peer Reviewer1806: By law the military is placed directly under the authority of the King. Therefore it benefits from a different status than the other administrations; there is no Ministry of Defence, no parliamentary committee tackling issues of defence and the Parliament does not oversee special accounts from the defence and Interior administrations (As mentioned in Question 2, there is evidence that suggests that in 2014 indeed a Committee on Foreign Affairs, National Defence, Islamic Affairs and Moroccans living abroad existed, although it was not mentioned as such on the Parliament's website. There is no evidence on the effectiveness of this committee or in fact any defence-related activity. Furthermore, the fact that a single committee is in charge simultaneously of defence issues, Islamic affairs and citizens living abroad raises questions about its focus and effectiveness.)

Moreover, Article 171 of the Code for Procurement Contracts explicitly exempts contracts related to national defence from any obligation of transparency.

Subsequently, The National Defence and Ministry of Interior expenditures are not detailed in the 2014 General Budget. It is unclear whether any further details are given to Parliament. No evidence of the publication of a more detailed budget with key items of expenditure was found among non-government sources. The lack of evidence for such details might indicate a lack of transparency.

COMMENTS -+

Budget law draft 110-13 for year 2014, last accessed on July 20, 2014 http://www.cgem.ma/upload/commission/fiscalite/PLF2014_fr.pdf.

Budget law for year 2014, last accessed on July 20, 2014, http://www.finances.gov.ma/fr/Pages/plf2014.aspx?m=Loi%20de%20finances%20et%20Budget.

Younes El Khadi, &quoute;La Lutte contre la corruption et la moralisation la vie publique au Maroc,&quoute; rapport de master en administration publique, Ecole Nationale d'Administration, 2005. Last accessed on July 20th, 2014 on http://www.ena.fr/index.php?/fr/content/download/844/5433/file/ElKhadi.pdf.

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014.
http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics).

Mohammed Jaabouk, &quoute;Maroc: les comptes spéciaux passent sous le contrôle des députés sauf ceux de l'armée et de l'Intérieur&quoute;, Ya Biladi, July 7, 2014. Last accessed on July 20, 2014 http://www.yabiladi.com/articles/details/27496/maroc-comptes-speciaux-passent-sous.html

SOURCES -+

Opinion: Agree with Comments

Comment: No evidence could be found for the legislature (or the appropriate legislative committee or members of the legislature) being given full information for the budget year on the spending of all secret items relating to national security and military intelligence.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

26.

score

Are audit reports of the annual accounts of the security sector (the military, police, and intelligence services) and other secret programs provided to the legislature (or relevant committee) and are they subsequently subject to parliamentary debate?

Researcher + Peer Reviewer1806: By law the military is placed directly under the authority of the King. Therefore it benefits from a different status than the other administrations; there is no Ministry of Defence, no parliamentary committee tackling issues of defence and the Parliament does not oversee special accounts from the defence and Interior administrations (As mentioned in Question 2, there is evidence that suggests that in 2014 indeed a Committee on Foreign Affairs, National Defence, Islamic Affairs and Moroccans living abroad existed, although it was not mentioned as such on the Parliament's website. There is no evidence on the effectiveness of this committee or in fact any defence-related activity. Furthermore, the fact that a single committee is in charge simultaneously of defence issues, Islamic affairs and citizens living abroad raises questions about its focus and effectiveness.)

Moreover, Article 171 of the Code for Procurement Contracts explicitly exempts contracts related to national defence from any obligation of transparency.

There is no evidence that audit reports of the annual accounts of the security sector (the military, police, and intelligence services) and other secret programmes are provided to the legislature (or relevant committee). Therefore, there is no evidence that such report are subsequently subject to parliamentary debate.

In the General Accounting Office (GAO) report 2013, the Defence Administration is briefly mentioned in the two following cases: investment spending (in comparison with other administrations) and state-owned autonomous establishments (namely the aerospatial research centre in Rabat). No proper account of defence spending is made.

COMMENTS -+

Budget law draft 110-13 for year 2014, last accessed on July 20, 2014 http://www.cgem.ma/upload/commission/fiscalite/PLF2014_fr.pdf.

Budget law for year 2014, last accessed on July 20, 2014, http://www.finances.gov.ma/fr/Pages/plf2014.aspx?m=Loi%20de%20finances%20et%20Budget.

Younes El Khadi, &quoute;La Lutte contre la corruption et la moralisation la vie publique au Maroc,&quoute; rapport de master en administration publique, Ecole Nationale d'Administration, 2005. Last accessed on July 20th, 2014 on http://www.ena.fr/index.php?/fr/content/download/844/5433/file/ElKhadi.pdf.

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014.
http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics).

Mohammed Jaabouk, &quoute;Maroc: les comptes spéciaux passent sous le contrôle des députés sauf ceux de l'armée et de l'Intérieur&quoute;, Ya Biladi, July 7, 2014. Last accessed on July 20, 2014 http://www.yabiladi.com/articles/details/27496/maroc-comptes-speciaux-passent-sous.html

Website of the Moroccan administration, &quoute;La liste du gouvernement&quoute; (the Governement's list), http://www.maroc.ma/fr/content/la-liste-du-gouvernement.

GOA Report 2013, http://www.courdescomptes.ma/upload/MoDUle_20/File_20_170.pdf, http://www.courdescomptes.ma/upload/MoDUle_20/File_20_169.pdf, http://www.courdescomptes.ma/upload/MoDUle_20/File_20_168.pdf, http://www.courdescomptes.ma/upload/MoDUle_20/File_20_167.pdf

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

27.

score

Off-budget military expenditures are those that are not formally authorised within a country's official defence budget, often considered to operate through the 'back-door'. In law, are off-budget military expenditures permitted, and if so, are they exceptional occurrences that are well-controlled?

Researcher + Peer Reviewer1806: No explicit mention of off-budget military expenditures was found in Moroccan law in general and particularly in budget laws for the last three years and year 2014. There are some risks that off-budget expenditures exist, but no evidence could be found.

The &quoute;organic finance law&quoute; (Loi organique des finances) provides for off-budget expenditures (budget overruns) in two cases:

- Through the application of article 45 of the constitution (referring to the 1996 constitution), the government can issue decrees on subjects that are usually provided for by laws if the issue affects national interests. Once published, these decrees are valid but they later need to be ratified by parliament. The same provision exists also in the 2011 constitution, under article 70.

- Government can provide for additional investment budgets if the financial situation of the country requires it. The respective parliamentary commission has to be informed in that case.

Given the highly aggregated form of the defence budget items and a lack of evidence, military off-budget expenditure remains unknown.

This lack of evidence combined with a lack of evidence of legal provision for off-budget military expenditures could also mean that off-budget expenditures are allowed by the King without the need to draft legislative measures, which indicates a lack of transparency which in turn could imply corruption risks. The score has been selected accordingly.

RESPONSE TO PEER REVIEWER 2: Agreed. Score changed from 1 to 0.

COMMENTS -+

Budget Law for year 2011. Last accessed on July 20, 2014, http://www.lavieeco.com/pdf/documents_officiels/Loi+de+finances+2011.pdf.

Budget Law for year 2012. Last accessed on July 20, 2014, http://www.lavieeco.com/pdf/documents_officiels/Loi+de+finances+2012.pdf.

Budget Law for year 2013. Last accessed on July 20, 2014. http://www.lavieeco.com/pdf/documents_officiels/Maroc-Loi+de+Finances+2013.pdf.

Budget law for year 2014. Last accessed on July 20, 2014, http://www.finances.gov.ma/fr/Pages/plf2014.aspx?m=Loi%20de%20finances%20et%20Budget.

Ali Amar, &quoute;Maroc-Algérie : des armées budgétivores&quoute;, Slate Afrique, April 4, 2012. Last accessed on July 20, 2014 http://www.slateafrique.com/21809/maroc-algerie-armement-defence-sahara-occidental.

Shaun McDougall, &quoute;African Defence Spending Growth expected to slow&quoute;, Forecast International, December 20, 2010. Last accessed on July 20, 2014 http://www.forecastinternational.com/press/release.cfm?article=218#.U6rCaY1_vYA.

Unknown, &quoute;Les dessous de la hausse du budget de la défense&quoute;, Secret Difa3, January 3, 2014. Last accessed on July 20, 2014, http://secret-difa3.blogspot.fr/2014/01/maroc-les-dessous-de-la-hausse-du.html.

Loi organique relative à la loi des finances, Promulguée par Dahir n° 1-98-138 du 26 novembre 1998&quoute;, Articles 43 and 45. http://www.sgg.gov.ma/Bo/bulletin/Fr/1998/BO_4644_Fr.pdf

SOURCES -+

Opinion: Agree with Comments

Comment: No evidence could be found that off-budget military expenditures are permitted by law; however, given the overall political situation and especially the relation between King, military and intelligence services, it is highly unlikely these do not de facto exist (without being well-documented or -controlled).

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: The comparison between official budget statistics and those reported in the media is not a reliable indicator of off-budget expenditures, nor do they correspond with a score that implies some manner of recording of said expenditures.

OSINT materials used to contrast and compare defence budgets can be a very misleading form of research in defence expenditure. Reports generally rely on other reports with little first-hand information. Even paid-for premium defence research publications such as the Military Balance are not a 100% reliable enough source to be used for such specific off-budget expenditure reporting purposes.

Suggested score: 0

Researcher + Peer Reviewer-+

28.

score

In practice, are there any off-budget military expenditures? If so, does evidence suggest this involves illicit economic activity?

Researcher + Peer Reviewer1806: No explicit mention of off-budget military expenditures was found in Moroccan law in general and particularly in budget laws for the last three years and year 2014. When compared, the military expenditures published in the press are much higher than the official budget dedicated to national defence. In its 2010 annual report, the General Accounting Office (GAO) reported a 30.39% budget overrun for the National Administration of National Defence in the budget for personnel. In the more recent reports, no mention of off-budget expenditure of the National Administration of National Defence could be found.

This discrepancy combined with a lack of evidence of legal provision for off-budget expenditures could mean that off-budget expenditures are allowed by the King without the need to draft proper legislative measures, which indicate a lack of transparency which in turn could imply corruption risks.

These substantial off-budget military expenditures involve licit economic activity (such as arms deals with partner countries), but in the absence of a detailed list of off-budget expenditures it is not possible to say with certainty that illicit economic activity is not involved.

COMMENTS -+

Budget Law for year 2011. Last accessed on July 20, 2014, http://www.lavieeco.com/pdf/documents_officiels/Loi+de+finances+2011.pdf.

Budget Law for year 2012. Last accessed on July 20, 2014, http://www.lavieeco.com/pdf/documents_officiels/Loi+de+finances+2012.pdf.

Budget Law for year 2013. Last accessed on July 20, 2014. http://www.lavieeco.com/pdf/documents_officiels/Maroc-Loi+de+Finances+2013.pdf.

Budget law for year 2014. Last accessed on July 20, 2014, http://www.finances.gov.ma/fr/Pages/plf2014.aspx?m=Loi%20de%20finances%20et%20Budget.

Ali Amar, &quoute;Maroc-Algérie : des armées budgétivores&quoute;, Slate Afrique, April 4, 2012. Last accessed on July 20, 2014 http://www.slateafrique.com/21809/maroc-algerie-armement-defence-sahara-occidental.

Shaun McDougall, &quoute;African Defence Spending Growth expected to slow&quoute;, Forecast International, December 20, 2010. Last accessed on July 20, 2014 http://www.forecastinternational.com/press/release.cfm?article=218#.U6rCaY1_vYA.

Unknown, &quoute;Les dessous de la hausse du budget de la défense&quoute;, Secret Difa3, January 3, 2014. Last accessed on July 20, 2014, http://secret-difa3.blogspot.fr/2014/01/maroc-les-dessous-de-la-hausse-du.html.

Rapport Annuel de la Cour des Comptes 2010, http://www.courdescomptes.ma/upload/MoDUle_20/File_20_52.pdf, http://www.courdescomptes.ma/upload/MoDUle_20/File_20_53.pdf

SOURCES -+

Opinion: Agree with Comments

Comment: No evidence could be found, neither supporting the claim that off-budget military expenditures involve illicit economic activity nor that it does definitely not.

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: The comparison between official budget statistics and those reported in the media is not a reliable indicator of economic activity, whether illicit or not.

OSINT materials used to contrast and compare defence budgets can be a very misleading form of research in defence expenditure. Reports generally rely on other reports with little first-hand information. Even paid-for premium defence research publications such as the Military Balance are not 100% reliable enough sources to be used for such specific off-budget expenditure reporting purposes.

Suggested score:

Researcher + Peer Reviewer-+

29.

score

In law, are there provisions regulating mechanisms for classifying information on the grounds of protecting national security, and, if so, are they subject to effective scrutiny?

Researcher + Peer Reviewer1806: The only legal provisions that are made about the classification of information on the grounds of protecting national security can be found in the Code of Public Procurement Contracts

The defence administration is exempted from transparency in many aspects. The 2013 Code of Procurement Contracts states that:
- Article 86: Procurements contracts for the Armed Forces can be proceeded without prior publicity and bid for tenders.
- Article 129: The same goes for architectural consultancy for the Armed Forces.
- Article 171: The &quoute;National Defence Administration&quoute; is exempt from the following conditions: budget restraints (Article 6), opening of the offers in public (Articles 17, 36, 46, 63, 104 and 121), publication of the estimated programme, market achievement report and a number of other documents (Article 147), use of electronic exchange procedures for documents and reverse electronic bids (articles 148, 149 and 151), market audits and controls (Article 165), control over military equipment, weaponry and ammunition procurement contracts (Article 156).

There does not seem to be provisions in law regulating mechanisms for classifying information on the grounds of protecting national security. The fact that defence institutions are exempt from publishing contracts, finances and other information (while other institutions are not) could be seen as an informal classification of information on the basis of protecting national security.

This does not mean that classified information does not exist elsewhere. On the contrary, the press (see media articles) refers to an important lack of transparency and proper regulations concerning the classification of information. It is likely that in the forthcoming years the legal frame will develop and cover more fields but it is also possible that a discrepancy may occur between the law and its implementation.

No evidence of effective scrutiny was found, which triggers a lack of transparency and possibly a risk of corruption.

In June 2015, the Government sent a new version of Draft Law Number 31.13 (on access to information) to Parliament. The first version had been approved by government in July 2014. Media reports suggest that the second version still entails certain deficiencies, such as the requirement of providing legal justifications, in Article 14. According to this article, individuals requesting information from a government body have a duty to explain and justify why they need this information. This draft law is not specific to defence corruption.

COMMENTS -+

March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics).

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

Ali Amar, &quoute;Le Maroc cherche à sanctuariser l'armée&quoute;, Slate Afrique, June 28, 2012. Last accessed on June 22, 2014. As of July 20, 2014 the article could not be found anymore http://www.slateafrique.com/88791/maroc-cherche-sanctuariser-armee-immunite-impunite-droits-homme.

AFP, &quoute;Tous les organismes d'Etat, y compris l'armée doivent être contrôlés&quoute;, AufaitMaroc, April 24, 2011. Last accessed on July 20, 2014 http://www.aufaitmaroc.com/actualites/maroc/2011/4/26/les-organismes-detat-y-compris-larmee-doivent-etre-controles.

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014.
http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Article 19, &quoute;Morocco: Parliament must improve Draft Law on Access to Information&quoute;, 26 June 2015. Last accessed on October 6, 2015. https://www.article19.org/resources.php/resource/38023/en/morocco:-parliament-must-improve-draft-law-on-access-to-information

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

30.

score

Do national defence and security institutions have beneficial ownership of commercial businesses? If so, how transparent are details of the operations and finances of such businesses?

Researcher + Peer Reviewer1806: Individuals within the military can have beneficial ownership of businesses (such as fishing companies along the coast of the Western Sahara), especially among high-ranking officers. The law does not forbid such ownership but one may question the fact that these individuals may have used their position to secure this ownership (see Lebleux, Raufer and Quere).

Some high-ranking officers of the Moroccan military have been accused in the past of fuel (in the Captain Adib case) or drug traffic (in 2007), particularly in the Western Sahara region where the army has more power than in the rest of the country.

However defence and security institutions do not seem to have beneficial ownership of businesses.

This might be explained by the fact that following the 1971 and 1972 coup attempts the King deliberately prevented the military from exerting too wide an influence and from diversifying its sources of income other than central government allocation.

COMMENTS -+

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

31.

score

N/A

Are military-owned businesses subject to transparent independent scrutiny at a recognised international standard?

Researcher + Peer Reviewer1806: There are no military-owned businesses.

Some high-ranking officers of the Moroccan military have been accused in the past of fuel (in the Captain Adib case) or drug trafficking (in 2007), particularly in the Western Sahara region where the army has more power than in the rest of the country. However defence and security institutions do not seem to have beneficial ownership of businesses. This might be explained by the fact that following the 1971 and 1972 coup attempts the King deliberately prevented the military from exerting too wide an influence and to diversify its sources of income other than central government allocation.

COMMENTS -+

SOURCES -+

Opinion: Disagree

Comment: Security and defence institutions do not seem to own any business (see response to previous question).

Suggested score: 4

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

32.

score

Is there evidence of unauthorised private enterprise by military or other defence ministry employees? If so, what is the government's reaction to such enterprise?

Researcher + Peer Reviewer1806: There is some dated evidence of unauthorised private enterprise by military or other defence ministry employees: some high-ranking officers of the Moroccan military have been accused in the past of fuel (in 1998) or drug trafficking (in 2007), particularly in the Western Sahara region where the army has more power than in the rest of the country.

According to the interviewee and media reports, in both cases low-ranking soldiers and officers were imprisoned but no action was taken against their superiors who allegedly benefited from the trafficking. For example, the Commander of the Southern Zone and one of the four main top generals of the kingdom- was accused in both cases of allegedly benefiting from the trafficking but no legal or administrative action was taken.

RESPONSE TO PEER REVIEWER 1: Agreed. Score changed from 0 to 1 and source added.

COMMENTS -+

Unknown, &quoute;Maroc/France : nouvel incident diplomatique&quoute; , Le Figaro, June 19, 2014. Last accessed on June 20, 2014 http://www.lefigaro.fr/flash-actu/2014/06/19/97001-20140619FILWWW00435-marocfrance-nouvel-incident-diplomatique.php.

Unknown, &quoute;Maroc/France : quand Mustapha Adib tente de pénétrer dans la chambre du général Bennani&quoute;, Jeune Afrique, June 23, 201. Last accessed on July 20, 2014 http://www.jeuneafrique.com/Article/JA2789p008.xml0/.

AFP, &quoute;Maroc : un ex-officier porte plainte contre le roi&quoute;, Libération, June 20, 2014. Last accessed on July 20, 2014 http://www.liberation.fr/monde/2014/06/20/maroc-un-ex-officier-porte-plainte-contre-le-roi_1046462.

Dominique Lebleux, Xavier Raufer et Stéphane Quere, &quoute;Cocaïne : la conquête de l’Europe&quoute;, Département de Recherche sur les Menaces Criminelles Contemporaines (Université Paris 2 Assas: September 2007). Last accessed on July 20 2014 on http://www.drmcc.org/IMG/pdf/46dab64cd2705.pdf.

Unknown, &quoute;Mohammed VI poursuit son ménage militaire&quoute;, Bakchich Info, March 6, 2006. Last accessed on July 20, 2014 https://www.bakchich.info/international/2007/03/06/mohammed-vi-poursuit-son-menage-militaire-50261.

Alain Antil, &quoute;Le Royaume du Maroc et sa politique envers l'Afrique Sub-Saharienne&quoute;, Institut Français des Relations Internationales, November 2013. Last accessed July 20, 2014. https://www.google.fr/url?sa=t&rct=j&q=&esrc=s&source=web&cd=9&ved=0CGsQFjAI&url=http%3A%2F%2Fwww.defence.gouv.fr%2Fcontent%2Fdownload%2F13832%2F125918%2Ffile%2Fepmes_le_maroc_et_sa_politique_envers_l_afrique_subsaharienne_etude.pdf&ei=DwjMU8nDLYmd0AWMrYDgBQ&usg=AFQjCNGDK4T_hyJOHb2YGFdJitnUGASmjQ&sig2=NpykGpuBOzihNN3ELJYxZQ&bvm=bv.71198958,d.bGQ&cad=rja

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014. http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

Ali Amar, &quoute;Le Maroc cherche à sanctuariser l'armée&quoute;, Slate Afrique, June 28, 2012. Last accessed on June 22, 2014. As of July 20, 2014 the article could not be found anymore http://www.slateafrique.com/88791/maroc-cherche-sanctuariser-armee-immunite-impunite-droits-homme.

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

&quoute;The GOM seems to be looking for ways to stop corruption, especially among the formative military ranks of Colonel and below, but not much is being done to stop the corruption in the general officer ranks.&quoute; (Cable cable 08RABAT727, MOROCCO'S MILITARY: ADEQUATE, MODERNIZING, BUT; http://wikileaks.org/cable/2008/08/08RABAT727.html; last accessed 15 December 2014).

Interviewee 1, Moroccan Civil Society Activist and Journalist, June 19th and July 11th 2014

SOURCES -+

Opinion: Disagree

Comment: There are some repercussions for unauthorised private enterprise by military or other defence ministry employees, however, these remain trivial, especially if the individuals involved are from the general officer ranks (or higher).

&quoute;The GOM seems to be looking for ways to stop corruption, especially among the formative military ranks of Colonel and below, but not much is being done to stop the corruption in the general officer ranks.&quoute; (Cable cable 08RABAT727, MOROCCO'S MILITARY: ADEQUATE, MODERNIZING, BUT; http://wikileaks.org/cable/2008/08/08RABAT727.html; last accessed 15 December 2014).

Suggested score: 1

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Policies & codes 90

34.

score

Do the Defence Ministry, Defence Minister, Chiefs of Defence, and Single Service Chiefs publicly commit - through, for example, speeches, media interviews, or political mandates - to anti-corruption and integrity measures?

Researcher + Peer Reviewer1806: No source indicating a commitment by any senior army official to the fight against corruption has been found.

According to the interviewee, army officials very rarely express themselves in public or through the media, and when they do it is mostly to address the issue of Western Sahara.

Statements against corruption were made briefly at the beginning of the oil trafficking case (first referred to in indicator 18) in 1998.

The Moroccan government does have an anti-corruption policy as stated by the Constitution and through the work the Instance Centrale de Prévention de la Corruption, but no mention of the military is made whatsoever.

According to the interviewee, the lack of evidence of such statements might indicate a lack of commitment by high-rankings military officials to the fight against corruption.

COMMENTS -+

Website of the National Commission for the Fight against Corruption (Instance Centrale de Prévention de la Corruption): pages &quoute;Reports&quoute;, &quoute;Speeches&quoute;, &quoute;Studies&quoute;, &quoute;Press releases&quoute;, &quoute;Press articles&quoute;. Last accessed on July 20, 2014 http://www.icpc.ma/wps/portal.

Unknown, &quoute;Quand l’ambassadeur américain à Rabat dénonçait la « corruption » du général Bennani&quoute;, Demain Online, June 21, 2014. Last accessed on July 20, 2014 http://www.demainonline.com/2014/06/21/quand-lambassadeur-americain-a-rabat-denoncait-la-corruption-du-general-bennani/.

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Ali Amar, &quoute;Le Maroc cherche à sanctuariser l'armée&quoute;, Slate Afrique, June 28, 2012. Last accessed on June 22, 2014. As of July 20, 2014 the article could not be found anymore http://www.slateafrique.com/88791/maroc-cherche-sanctuariser-armee-immunite-impunite-droits-homme.

Unknown, &quoute;Maroc/France : nouvel incident diplomatique&quoute; , Le Figaro, June 19, 2014. Last accessed on June 20, 2014 http://www.lefigaro.fr/flash-actu/2014/06/19/97001-20140619FILWWW00435-marocfrance-nouvel-incident-diplomatique.php.

Unknown, &quoute;Maroc/France : quand Mustapha Adib tente de pénétrer dans la chambre du général Bennani&quoute;, Jeune Afrique, June 23, 201. Last accessed on July 20, 2014 http://www.jeuneafrique.com/Article/JA2789p008.xml0/.

AFP, &quoute;Maroc : un ex-officier porte plainte contre le roi&quoute;, Libération, June 20, 2014. Last accessed on July 20, 2014 http://www.liberation.fr/monde/2014/06/20/maroc-un-ex-officier-porte-plainte-contre-le-roi_1046462.

Interview with Interviewee 5, Academic and Journalist, June 15th and July 12th 2014

SOURCES -+

Opinion: Agree with Comments

Comment: Morocco does not have a Defence Ministry, and none of the Ministers or Minister Delegates (ministre délégués) are in charge of defence or security issues (http://www.maroc.ma/fr/content/la-liste-du-gouvernement; last accessed 15 December 2014). No evidence could be found for senior military officers publicly commiting to anti-corruption and integrity measures.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

35.

score

Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there public evidence that these measures are being carried out?

Researcher + Peer Reviewer1806: No evidence was found of the presence and implementation of effective measures for personnel found to have taken part in forms of bribery and corruption. This lack of transparency about sanctions against such acts might represent an increased risk of corruption.

According to Transparency Morocco local authorities and the police are the most corrupt administrations in the country. The successive anti-corruption policies implemented by the government (including the 2007-established National Commission for the Fight against Corruption) were therefore steered towards preventing corruption in these administrations, with some results (see regular articles on the subject).

However, no mention of anti-corruption measures in the military was found.

On the contrary, in the two suspected cases of corruption within the military the highest ranking generals were accused of being involved (see Lebleu, Raufer and Quere) including the former intelligence chief, but no formal investigation was carried out. An undisclosed internal investigation was conducted and no measures were taken against the three accused.

Response to Peer Reviewer: Agree, score increased to 2: &quoute;Measures are in place for personnel found to have taken part in forms of bribery and corruption. However, there is evidence that these measures lack effectiveness or consistency.&quoute;

COMMENTS -+

M.L, &quoute;Salé, trois policiers condamnés pour corruption&quoute;, H24 Info, June 3, 2014. Last accessed on July 20 2014 http://www.h24info.ma/maroc/sale-trois-policiers-condamnes-pour-corruption/23696.

Unknown, &quoute;Maroc, des policiers condamnés pour corruption dans la région de Rabat&quoute;, Ya Biladi, April 20, 2013. Last accessed on July 20, 2014 http://www.yabiladi.com/articles/details/16734/maroc-policiers-condamnes-pour-corruption.html.

Unknown, &quoute;Plus d'affaires de corruption devant les tribunaux&quoute;, Aujourd'hui Le Maroc, January 6, 2006. Last accessed on July 20, 2014 http://www.maghress.com/fr/aujourdhui/42708.

Jalil Laaboudi, &quoute;Un Caïd condamné pour corruption à Salé&quoute;, Bladi, February 2, 2014. Last accessed on July 20, 2014 http://www.bladi.net/caid-corruption-sale-maroc.html.

Abderrafi Aloumliki, &quoute;Casablanca : Un an de prison pour un médecin accusé de corruption&quoute;, Aujourd'hui Le Maroc, February 28, 2012. Last accessed on 20 July 2014 http://www.aujourdhui.ma/une/faits-divers/casablanca-un-an-de-prison-pour-un-medecin-accuse-de-corruption-81602#.U8wf_YB_ulM.

Unknown, &quoute;Trois gendarmes devant la justice pour corruption&quoute;, AgadirNet, January 25, 2008. Last accessed on 20 July 2014 http://www.agadirnet.com/news-actualites/details__4972.html.

AFP, &quoute;Sept douaniers condamnés à un an de prison pour corruption&quoute;, Au Fait Maroc, December 12, 2012. Last accessed on July 20, 2014 http://www.aufaitmaroc.com/actualites/maroc/2012/12/11/sept-douaniers-condamnes-a-un-an-de-prison-pour-corruption_201050.html#.U8wgAYB_ulM.

Unknown, &quoute;Maroc/France : nouvel incident diplomatique&quoute; , Le Figaro, June 19, 2014. Last accessed on June 20, 2014 http://www.lefigaro.fr/flash-actu/2014/06/19/97001-20140619FILWWW00435-marocfrance-nouvel-incident-diplomatique.php.

Unknown, &quoute;Maroc/France : quand Mustapha Adib tente de pénétrer dans la chambre du général Bennani&quoute;, Jeune Afrique, June 23, 201. Last accessed on July 20, 2014 http://www.jeuneafrique.com/Article/JA2789p008.xml0/.

AFP, &quoute;Maroc : un ex-officier porte plainte contre le roi&quoute;, Libération, June 20, 2014. Last accessed on July 20, 2014 http://www.liberation.fr/monde/2014/06/20/maroc-un-ex-officier-porte-plainte-contre-le-roi_1046462.

Dominique Lebleux, Xavier Raufer et Stéphane Quere, &quoute;Cocaïne : la conquête de l’Europe&quoute;, Département de Recherche sur les Menaces Criminelles Contemporaines (Université Paris 2 Assas: September 2007). Last accessed on July 20 2014 on http://www.drmcc.org/IMG/pdf/46dab64cd2705.pdf.

SOURCES -+

Opinion: Disagree

Comment: As the articles quoted above by the researcher clearly show, measures (e.g. arrests, court proceedings) are in place for security / defence personnel found to have taken part in forms of bribery and corruption, and there is public evidence (such as the newspaper reports quoted above) that these measures are being carried out. However, it seems that in the majority of cases, these measures target relatively low ranking personnel whereas senior-level staff is much less at risk to be subject to such sanctions, even if allegations of corruption arise.

In a leaked US cable, it is claimed that the reason for that is the close links between the King and the military: &quoute;Corruption is prevalent at all levels of Moroccan society and the military is also plagued by it, particularly at the highest levels. This may partly reflect a grand bargain struck by King Hassan II following at least two nearly successful coups in the 1970's: remain loyal, and you can profit. (...) The GOM seems to be looking for ways to stop corruption, especially among the formative military ranks of Colonel and below, but not much is being done to stop the corruption in the general officer ranks.&quoute; (http://wikileaks.org/cable/2008/08/08RABAT727.html; last accessed 15 December 2014).

Suggested score: 2

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

36.

score

Is whistleblowing encouraged by the government, and are whistle-blowers in military and defence ministries afforded adequate protection from reprisal for reporting evidence of corruption, in both law and practice?

Researcher + Peer Reviewer1806: The Moroccan government has expressed its concerns and commitments to the safety of whistle-blowers (see the cited press release). However in practice no legislation or mechanisms applicable to military and official personnel exist to facilitate corruption reporting.

On the contrary, in the only publicised case of whistle-blowing within the military (now very dated), the whistle-blower was expelled from the army then jailed, while the officers he accused of corruption were not disturbed or placed under investigation.

Summary of the case (also mentioned in indicator 18 amongst others): In 1998 an Air Force Captain denounced a fuel misappropriation racket organised by army officers in the southern area of the country. The Western Sahara has been disputed since 1975 and the Moroccan armed forces benefit from a de facto commanding status there. Not only were the officers that the Captain denounced not charged for their acts, but the whistle-blower also suffered from pressures from the army (salary retention, requests for holidays denied, threats) and was jailed for having told his story to the press.

As of July 2014 no legal action has been taken against the suspects, and the international community has not called for proper investigations in this regard either.

COMMENTS -+

Regulations on General Discipline of the Moroccan Royal Armed Forces, last accessed on July 20, 2014 http://www.icrc.org/ihl-nat/a24d1cf3344e99934125673e00508142/4786e02e6c3bb6c3c125765d004fab43/$FILE/Reglement%20de%20discipline%20generale%20des%20Forces%20armees%20royales.pdf

Transparency International Secrétariat, &quoute;UN joins chorus calling to release of Moroccan army whistleblower&quoute;, Transparency International, February 27th, 2002.
Last accessed on July 20, 2014 http://www.transparency.org/news/pressrelease/un_joins_chorus_calling_for_release_of_moroccan_army_whistleblower.

Transparency International Secrétariat, &quoute;Moroccan Premier pledges to support whistleblowers in fight against corruption&quoute;, Transparency International, December 4, 2000. Last accessed on July 20, 2014 http://www.transparency.org/news/pressrelease/moroccan_premier_pledges_to_support_whistleblowers_in_fight_against_corrupt.

Unknown, &quoute;Integrity award winner, Mustapha Adib, Air Force Captain, Morocco&quoute;, Transparency International, September 29, 2000. Last accessed on July 20, 2014. http://www.transparency.org/getinvolved/awardwinner/mustapha_adib.

Transparency International Secrétariat, &quoute;TI welcomes the release of Moroccan army whistleblower Captain Mustapha Adib&quoute;, Transparency International, May 23, 2002. Last accessed on July 20, 2014.
http://www.transparency.org/news/pressrelease/ti_welcomes_the_release_of_moroccan_army_whistleblower_captain_mustapha_adi

Unknown, &quoute;Maroc/France : nouvel incident diplomatique&quoute; , Le Figaro, June 19, 2014. Last accessed on June 20, 2014 http://www.lefigaro.fr/flash-actu/2014/06/19/97001-20140619FILWWW00435-marocfrance-nouvel-incident-diplomatique.php.

Unknown, &quoute;Maroc/France : quand Mustapha Adib tente de pénétrer dans la chambre du général Bennani&quoute;, Jeune Afrique, June 23, 2014. Last accessed on July 20, 2014 http://www.jeuneafrique.com/Article/JA2789p008.xml0/.

AFP, &quoute;Maroc : un ex-officier porte plainte contre le roi&quoute;, Libération, June 20, 2014. Last accessed on July 20, 2014 http://www.liberation.fr/monde/2014/06/20/maroc-un-ex-officier-porte-plainte-contre-le-roi_1046462.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

37.

score

Is special attention paid to the selection, time in post, and oversight of personnel in sensitive positions, including officials and personnel in defence procurement, contracting, financial management, and commercial management?

Researcher + Peer Reviewer1806: No evidence of any special attention paid to the selection, time in post, and oversight of personnel in sensitive positions, including officials and personnel in defence procurement, contracting, financial management, and commercial management was found.

According to an interviewee, this does not mean that there is no oversight of personnel in sensitive positions, but rather that there is an internal and non-transparent oversight mainly aimed at preventing further coup attempts. The structure of power within the military and the relations between the military and the King of the past decades might explain this phenomenon.

However, absence of evidence suggests a lack of transparency which in itself could represent a risk of corruption.

RESPONSE TO PEER REVIEWER 2: Informal internal controls might exist. However their aim does not seem to be to prevent corruption. According to an interviewee, the purpose is rather to ensure that no personal enriching is done without officers at a higher rank taking their fair share of the interests. Score maintained.

COMMENTS -+

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Interview with Interviewee 1, Moroccan Civil Society Activist and Journalist, June 19th and July 11th 2014

Skype/phone Interview with Interviewee 2, Moroccan Civil Engineer, June 14th, 16th and 17th 2014

Skype/phone Interview with Interviewee 3, Civil Society Activist, June 9th and 25th 2014

Skype/phone Interview with Interviewee 4, Senior Journalist, June 15th 2014

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: Based on the analysis, which concedes there may be the presence of internal, non-transparent oversight mechanisms, it would serve to conclude that a criteria ranking of 1 is more logical.

Suggested score: 1

Researcher + Peer Reviewer-+

38.

score

Is the number of civilian and military personnel accurately known and publicly available?

Researcher + Peer Reviewer1806: According to the World Bank, the percentage of armed forces personnel dropped from 2.2% of the total labour force in 2009 to 2.1% in 2012.

According to Sherbrooke University the number of civilian and military personnel was 245,800 in 2010.

According to Le Monde the statistics were the following in 2009:
Army: 180,000.
Air Force: 16,000.
Navy: 12,000.
Gendarmerie: 24,000.
Royal Guard: 3,000.

According to the International Institute For Strategic Studies, 195,000 people worked in the Armed forces in 2007.

However, the number of armed forces personnel is made available by foreign sources and is not confirmed by the Moroccan authorities.

No strong evidence of a significant minority of undeclared or incorrect personnel numbers could be found in the local or international press.

COMMENTS -+

&quoute;Armed forces personnel (% of total labor force)&quoute;, World Bank's website. Date of the publication unknown. Data study spans from 1980 to 2013. Last accessed on July 20, 2014 http://data.worldbank.org/indicator/MS.MIL.TOTL.TF.ZS.

&quoute;Bilan géostratégique&quoute;, Le Monde (Paris : 2010) 180.

&quoute;Personnel militaire total: Maroc 2010&quoute;, in &quoute;Perspective Monde&quoute;, Sherbrooke University's website. Last accessed on July 20, 2014 http://perspective.usherbrooke.ca/bilan/servlet/BMTendanceStatPays?langue=fr&codePays=MAR&codeTheme=12&codeStat=MS.MIL.TOTL.P1.

Unknown, &quoute;The Military Balance 2007&quoute;, The International Institute For Strategic Studies (Oxford: Oxford Central University Press 2007).

SOURCES -+

Opinion: Agree with Comments

Comment: According to a leaked US cable (dated 2008), &quoute;(o)ver the past decade, Morocco has transitioned from a conscript to an all-volunteer military force of approximately 218,000 soldiers. Of the three services, the Army is dominant with approximately 175,000 personnel. There are approximately 13,000 personnel in the Air Force and 7,800 in the Navy. Though nominally subordinate within the military structure but answering directly to the King, the Gendarmerie, which consists of approximately 22,000 personnel, conducts paramilitary, royal guard, and internal and border policing missions&quoute; (http://wikileaks.org/cable/2008/08/08RABAT727.html; last accessed 15 December 2014).

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: The Military Balance 2015 has updated the FAR to a strength of 195,800 (Army 175,000 Navy 7,800 Air
13,000) and a paramilitary force of 50,000).

Suggested score:

Researcher + Peer Reviewer-+

39.

score

Are pay rates and allowances for civilian and military personnel openly published?

Researcher + Peer Reviewer1806: Pay rates and allowances for civilian and military personnel are available only in a cursory, abbreviated, or unreliable way (forum discussions, vague press articles). For instance, le Mag.ma mentions an increase by 10% of armed forces personnel's wages, without giving proper figures.

However, the repeated mention of incomplete data, particularly on related forums suggest that standard pay rates and allowances might be available locally. The sources mentioned (forum members, bloggers, journalists) might have their information from local oral and written sources.

The absence of the detailed final pay rates and allowances that is eventually paid to each member of staff suggests a lack of transparency. Wages of senior officers in particular may be concerned by this risk. Given the historical and political context (history of the relations between the King and the military over the past decades) it is suspected (including by the people interviewed) that senior officers benefit from many financial and non-financial advantages from the King in exchange for their complete loyalty.

COMMENTS -+

Budget law for year 2014. Last accessed on July 20, 2014, http://www.finances.gov.ma/fr/Pages/plf2014.aspx?m=Loi%20de%20finances%20et%20Budget.

Admin, &quoute;Réforme du statut des militaires au Maroc&quoute;, Mizania, February 12, 2014. Last accessed on July 20, 2014. http://mizania.forumdediscussions.com/t3596-reforme-du-statut-des-militaires-au-maroc.

Adil Alifriqui, &quoute;Le gouvernement marocain augmente le budget des FAR en 2013&quoute;, Le Mag, November 14, 2014. Last accessed on July 20, 1024. http://www.lemag.ma/Le-gouvernement-marocain-augmente-le-budget-des-FAR-en-2013_a64844.html.

Forum discussion, &quoute;Salaires des officiers et des sous-officiers des FAR&quoute;, Far-Maroc.forumpro.fr, March 30, 2012. Last accessed on July 20, 2014 http://far-maroc.forumpro.fr/t218-salaires-des-officier-et-sous-off-far.

Asharif8, &quoute;Les soldes des militaires marocains 2010&quoute;, almanar.super-forum.net, September 17, 2009.
Last accessed on July 20, 2014 http://experts-univers.com/soldes-des-militaires-marocains-2010.html: idem.

Reuters, &quoute;Moroccan King extends pay hike to armed forces&quoute;, Reuters, April 28, 2011. Last accessed on July 20, 2014. http://www.reuters.com/article/2011/04/28/morocco-unrest-wages-idUSLDE73R00J20110428

Interview with Interviewee 1, Moroccan Civil Society Activist and Journalist, June 19th and July 11th 2014

Interview with Interviewee 6, Academic, Paris, June 20th 2014

SOURCES -+

Opinion: Agree with Comments

Comment: In reaction to security and defence officials demanding higher salaries, the king issued statements in early 2011 and 2012 promising an increase in both current employees' wages as well as retired officials' pensions. See http://www.reuters.com/article/2011/04/28/morocco-unrest-wages-idUSLDE73R00J20110428 and http://www.worldtribune.com/2012/02/12/moroccan-king-bows-to-military-protests-pledges-salary-boosts-reforms/; both last accessed 15 DEcember 2014). In the former article, a concrete amount for the increase (600 dirhams / $80) is mentioned.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

40.

score

Do personnel receive the correct pay on time, and is the system of payment well-established, routine, and published?

Researcher + Peer Reviewer1806: No evidence of the fact that personnel did not receive the correct pay on time was found. Therefore it could only be assumed that the system of payment is well-established and routine, and that basic pay is non-discretionary. However, though it might be available locally or on request, it is not widely published. A mid-level score has been selected in line with the lack of evidence available.

COMMENTS -+

Admin, &quoute;Réforme du statut des militaires au Maroc&quoute;, Mizania, February 12, 2014. Last accessed on July 20, 2014. http://mizania.forumdediscussions.com/t3596-reforme-du-statut-des-militaires-au-maroc.

Adil Alifriqui, &quoute;Le gouvernement marocain augmente le budget des FAR en 2013&quoute;, Le Mag, November 14, 2014. Last accessed on July 20, 1024. http://www.lemag.ma/Le-gouvernement-marocain-augmente-le-budget-des-FAR-en-2013_a64844.html.

Forum discussion, &quoute;Sales des officiers et des sous-officiers des FAR&quoute;, Far-Maroc.forumpro.fr, March 30, 2012. Last accessed on July 20, 2014 http://far-maroc.forumpro.fr/t218-salaires-des-officier-et-sous-off-far.

Asharif8, &quoute;Les soldes des militaires marocains 2010&quoute;, almanar.super-forum.net, September 17, 2009.
Last accessed on July 20, 2014 http://experts-univers.com/soldes-des-militaires-marocains-2010.html: idem.

Reuters, &quoute;Moroccan King extends pay hike to armed forces&quoute;, Reuters, April 28, 2011. Last accessed on July 20, 2014. http://www.reuters.com/article/2011/04/28/morocco-unrest-wages-idUSLDE73R00J20110428

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: No indications can be found from a brief OSINT search.

Suggested score:

Researcher + Peer Reviewer-+

41.

score

Is there an established, independent, transparent, and objective appointment system for the selection of military personnel at middle and top management level?

Researcher + Peer Reviewer1806: Although the appointment system for military personnel at the bottom level is fairly transparent and public owing to entrance exams for officer schools for instance, no information was found concerning the selection of military personnel at middle and top management level (except articles in the press mentioning nominations by the King).

The only information discovered was that &quoute;nominations to the various ranks in the hierarchy are made by His Majesty the King's decree for the officers and by decision of the General Chief of Defence Staff of the Royal Armed Forces for non-commissioned officers and troop soldiers&quoute;. (Art. 4.1 of the Regulations on General Discipline of the Royal Armed Forces)

There is evidence in the press that nominations may work as reward/punishment system. Moreover, the army was behind two major coup attempts against former King Hassan II in 1971 and 1972. Since then, there are indications that Hassan II and Mohammed VI have been careful to promote at key positions only their most faithful and submissive officers, regardless of objective selection criteria.

COMMENTS -+

Unknown, &quoute;Guide métier : La Formation des FAR&quoute;, Laformation.ma, date unknown. Last accessed on July 20, 2014. http://www.laformation.ma/guide-metiers/secteurs-a-la-une/formations-des-far.html.

M. Sehimi, &quoute;Qui dirige l'armée au Maroc ?&quoute;, Maroc Hebdo, 2009. Last accessed on July 20, 2014. http://www.maroc-hebdo.press.ma/Site-Maroc-hebdo/archive/Archives_843/html_843/quidirige.html.

Regulations on General Discipline of the Royal Armed Forces: http://www.icrc.org/ihl-nat/a24d1cf3344e99934125673e00508142/4786e02e6c3bb6c3c125765d004fab43/$FILE/Reglement%20de%20discipline%20generale%20des%20Forces%20armees%20royales.pdf

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

Jean-Michel Meyer, &quoute;Un général d'armée historique pour commander le sud du Maroc&quoute;, Acteurs Publics, June 18, 2014. Last accessed on July 20, 2014 http://www.acteurspublics.com/2014/06/18/un-general-d-armee-historique-pour-commander-le-sud-du-maroc.

Mohammed Jaabouk, &quoute;L'armée au coeur du système au Maroc et en Algérie se cherche un rôle en Tunisie et en Libye&quoute;, Ya Biladi, May 30, 2014. Last accessed on July 20, 2014. http://www.yabiladi.com/articles/details/26357/l-armee-coeur-systeme-maroc-algerie.html

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

42.

score

Are personnel promoted through an objective, meritocratic process? Such a process would include promotion boards outside of the command chain, strong formal appraisal processes, and independent oversight.

Researcher + Peer Reviewer1806: Regulations on General Discipline of the Royal Armed Forces state from Art. 60 to Art. 70 the various distinctions a soldier or an officer can be entitled to based on meritocracy. It is not very complete and detailed though, and focuses more on rewards rather than promotion to a higher position.

The Moroccan press reports the absolute nomination power of the King, who promotes officers regardless of any objective and meritocratic process and in the absence of any external board.

Art : 60 - Rewards and punishments:
Rewards and punishments are awarded by the superior and must be given with equity and rigour. They symbolise the superior's unity and value.
They are a way to strengthen discipline, education and military morals.
Awards and punishments are defined and awarded according to regulations. The recipient can appeal according to the regulations.

Art : 62 - Exceptional awards:
Sa Majesté le Roi, Chef Suprême et Chef d'état-major général des Forces Armées Royales peut
nommer, à titre exceptionnel, tout militaire au grade qu'il juge utile, en reconnaissance d'actes d'exceptionnelle valeur.
The King is the supreme chief of armed forces, as such he can promotes any military man to the rank he wishes as a reward to exceptionally brave acts.

Art : 63 - Honours:
Honours are given according to the current legislation.

Art : 64 - Citations:
Citations are given by the King as chief of armed forces to an individual or a unit.

Art : 66 - Satisfaction testimony/congratulations:

Art : 67 - 1st class distinction
2nd class soldiers who have served for 12 months can be awarded a 1st class distinction by their superior.

Art : 68 - Awards in cash and goods:
Awards in cash and goods can be awarded by the chief of staff to entice works or personal research benefiting to the military forces.

Art : 69 - Exceptional leave:
The chief of staff, military inspectors and department directors can award to any soldier exceptional individual leave. Leave times differ from those provided for in art.33 and can't last more than 10 days.

Art : 70 - Good conduct certificate

RESPONSE TO PEER REVIEWER 2: The analysis indicates that there is a fairly rigorous process for rewards and promotions. When also placed in the strategic context of the FAR's ongoing operations against insurgents, the potential for senior and junior officers to be promoted through actual merit is not impossible to fathom. However no evidence of boards and oversight of the promotions process was found. Score maintained.

COMMENTS -+

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: Suggest moving this to criteria 2, as the analysis indicates that there is a fairly rigorous process for rewards and promotions. When also placed in the strategic context of the FAR's ongoing operations against insurgents, the potential for senior and junior officers to be promoted through actual merit is not impossible to fathom.

Suggested score: 2

Researcher + Peer Reviewer-+

43.

score

N/A

Where compulsory conscription occurs, is there a policy of not accepting bribes for avoiding conscription? Are there appropriate procedures in place to deal with such bribery, and are they applied?

Researcher + Peer Reviewer1806: On August 31, 2006, the government issued a statement that military conscription would no longer be compulsory. This came into force on 17th April 2007.

COMMENTS -+

ALM, &quoute;Le service militaire n'est plus obligatoire&quoute;, Aujourd'hui Le Maroc, August 30, 2006. Last accessed on July 20, 2014. http://www.aujourdhui.ma/maroc/societe/le-service-militaire-n-est-plus-obligatoire-43860#.U82Kd4B_ulM.

Unknown, &quoute;La fin du service militaire obligatoire au Maroc&quoute;, Libération, September 1, 2006. Last accessed on July 20, 2014 http://www.liberation.fr/monde/2006/09/01/fin-du-service-militaire-obligatoire-au-maroc_50022.

Saïd Aït-Hatrit, &quoute;Le Maroc donne le coup de grâce à son service militaire obligatoire&quoute;, Afrik.com, September 5, 2006. Last accessed on July 20, 2014. http://www.afrik.com/article10347.html.

Unknown, &quoute;Le Maroc supprime le service militaire obligatoire&quoute;, Jeune Afrique, September 1, 2006. Last accessed on July 20, 2014. http://www.bladi.net/forum/threads/maroc-service-militaire-obligatoire.76284/.

Loi n° 48-06 du 28 Rabii I 1428 (17 avril 2007) portant suppression du service militaire

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

44.

score

With regard to compulsory or voluntary conscription, is there a policy of refusing bribes to gain preferred postings in the recruitment process? Are there appropriate procedures in place to deal with such bribery, and are they applied?

Researcher + Peer Reviewer1806: Voluntary conscription does exist in Morocco. The Regulations on General Discipline of the Moroccan Royal Armed Forces do not mention policies, rules or mechanisms against bribery for soliciting preferred postings within the military.

However, according to the interviewees bribery is widely practiced to obtain or avoid certain postings. This phenomenon is not unique to the armed forces and can also be found widely and at all levels in the education, health, justice or police sectors.

According to a Wikileaks cable, it is likely that bribery is widely practised. For example, there is evidence of students at Morocco's military academy paying money to increase their class standings in order to obtain positions in lucrative military postings, such as in the Western Sahara where postings historically are more lucrative.

COMMENTS -+

Interview with Interviewee 1, Moroccan Civil Society Activist and Journalist, June 19th and July 11th
2014

Interview with Interviewee 6, Academic, Paris, June 20th 2014

Regulations on General Discipline of the Moroccan Royal Armed Forces, last accessed on July 20, 2014 http://www.icrc.org/ihl-nat/a24d1cf3344e99934125673e00508142/4786e02e6c3bb6c3c125765d004fab43/$FILE/Reglement%20de%20discipline%20generale%20des%20Forces%20armees%20royales.pdf

Secret US Embassy Cable, ID: 164775, Date: 2008-08-04 16:13:00, Origin: 08RABAT727, Source: Embassy Rabat, TO: RUEHC/SECSTATE WASHDC PRIORITY 8947; http://cablegatesearch.net/cable.php?id=08RABAT727

SOURCES -+

Opinion: Agree with Comments

Comment: &quoute;Corruption is prevalent at all levels of Moroccan society and the military is also plagued by it, particularly
at the highest levels&quoute; (leaked US cable 08RABAT727, MOROCCO'S MILITARY: ADEQUATE, MODERNIZING, BUT (2008); http://wikileaks.org/cable/2008/08/08RABAT727.html; last accessed 15 December 2014). There is no reason to believe officials dealing with conscripts wishing to gain preferred postings in the recruitment process are exempt from this.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

45.

score

Is there evidence of 'ghost soldiers', or non-existent soldiers on the payroll?

Researcher + Peer Reviewer1806: No evidence of ghost soldiers was found in the press or in academic sources. However interviewees mentioned the case of ghost soldiers on the payroll in the past five years. These cases can be isolated though to certain units (especially in the Western Sahara region), and might not be representative of the whole Moroccan military. This information could not be verified independently.

There is evidence of fictitious employees in the public sector. However, there are no figures available as to how many of those employees could be found in the defence sector. As per Q38 there is no evidence that the number of civilian and military personnel is accurately known, increasing this risk.

COMMENTS -+

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014. http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70.

Interview with Interviewee 1, Moroccan Civil Society Activist and Journalist, June 19th and July 11th 2014

Skype/phone Interview with Interviewee 4, Senior Journalist, June 15th 2014

Interview with Interviewee 6, Academic, Paris, June 20th 2014

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

AFP, &quoute;Tous les organismes d'Etat, y compris l'armée doivent être contrôlés&quoute;, AufaitMaroc, April 24, 2011. Last accessed on July 20, 2014 http://www.aufaitmaroc.com/actualites/maroc/2011/4/26/les-organismes-detat-y-compris-larmee-doivent-etre-controles.

Editorial staff., &quoute;Administration - Les fantômes qui hantent Boulif&quoute;, Actuel, Week of April 14 to 20, 2012.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

46.

score

Are chains of command separate from chains of payment?

Researcher + Peer Reviewer1806: No evidence of a strict separation between the chains of command and the chains of payment was found. Such lack of evidence might indicate a lack of transparency which could imply corruption risks.

These corruption risks are all the more likely than no detailed budget or summary of previous expenditures for the armed forces is made public.

Moreover, the discrepancy between the published budget for the defence administration and the figures of some weapons deals contracted with foreign nations as reported by the press suggest that the King orders payments himself and pays with public money. In Morocco the differentiation between public money and the King's money is not clear.

This suggestion that the chains of command and the chains of payment are held by the same people would be confirmed by the fact that the King is the executive head of the military and the sole decision-maker (as a consequence to the 1971 and 1972 coup attempts).

COMMENTS -+

Reuters, &quoute;Moroccan King extends pay hike to armed forces&quoute;, Reuters, April 28, 2011. Last accessed on July 20, 2014. http://www.reuters.com/article/2011/04/28/morocco-unrest-wages-idUSLDE73R00J20110428

Unknown, &quoute;Un contrat d’armement de 12 milliards de dollars entre le Maroc et les Etats-Unis&quoute;, Maghreb Emergent, August 26, 2013. Last accessed on July 20, 2014 http://www.maghrebemergent.com/component/k2/item/28590-un-contrat-d-armement-de-12-milliards-de-dollars-entre-le-maroc-et-les-etats-unis.html.

Mohammed Jaabouk, &quoute;Armement : Rabat signe un nouveau contrat de 12 millions de dollars avec Washington&quoute;, Ya Biladi, August 26, 2008. Last accessed on July 20, 2014 - http://www.yabiladi.com/articles/details/19176/armement-rabat-signe-nouveau-contrat.html.

Michel Cabirol, &quoute;Armement : la France a vendu deux satellites espions au Maroc en 2013&quoute;, La Tribune, February 3, 2014. Last accessed on July 20, 2014. - http://www.latribune.fr/entreprises-finance/industrie/aeronautique-defence/20140203trib000813365/armement-la-france-a-vendu-deux-satellites-espions-au-maroc-en-2013.html.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

47.

score

Is there a Code of Conduct for all military and civilian personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities?

Researcher + Peer Reviewer1806: There is no evidence of any Code of Conduct for Defence Ministry military and civilian personnel which covers conduct with respect to corruption.

The Regulations on General Discipline of the Royal Armed Forces provides a detailed account of the behaviour military personnel should observe before, during and after operations but no mention is made of corruption.

The same goes for the Military Justice Code, which makes a detailed account of the behaviour military personnel should observe before, during and after operations but does not mention sanctions in case of bribery, abuse of power, misuse of public goods or corruption.

The lack of evidence of a clear, proper and published code of conduct with respect to corruption indicates a lack of transparency.

COMMENTS -+

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

48.

score

Is there evidence that breaches of the Code of Conduct are effectively addressed ,and are the results of prosecutions made publicly available?

Researcher + Peer Reviewer1806: There is no evidence of any Code of Conduct for military and civilian personnel which covers conduct with respect to corruption.

The Regulations on General Discipline of the Royal Armed Forces makes a detailed account of the behaviour military personnel should observe before, during and after operations but no mention is made of corruption.

The same goes for the Military Justice Code that makes a detailed account of the behaviour military personnel should observe before, during and after operations but does not mention sanctions in case of bribery, abuse of power, misuse of public goods or corruption.

On the contrary, in the two known cases of corruption within the military the highest ranking generals were accused of being involved (see Lebleu, Raufer and Quere): General Bennani, General Bensliman and former intelligence chief Abdelhak Kadiri, but not formal investigation was carried out. In fact an undisclosed internal investigation was conducted and no measures were taken against the three accused.

This lack of evidence of a clear, proper and published code of conduct with respect to corruption indicates a lack of transparency which in itself implies corruption risks.

COMMENTS -+

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

49.

score

Does regular anti-corruption training take place for military and civilian personnel?

Researcher + Peer Reviewer1806: Since Mohammed VI's rise to power, and particularly since Morocco's adhesion to the 2003 United Nations Convention Against Corruption in 2007 measures have been taken to fight corruption in the public and private sectors.

Such measures include the creation of the ICPC (National Commission for the Fight against Corruption) and the increase of legal proceedings against acts of corruption for instance.

However, the works of the ICPC and the cases brought to court concern mainly the police, the customs and the local authorities.

As in many cases, the military is left behind regarding anti-corruption measures undertaken by the government and local or international NGOs alike, and no evidence anti-corruption training was found. Such lack of evidence might indicate a lack of transparency which itself could imply corruption risks.

The particular relation of the armed forces with the King may explain this situation.

COMMENTS -+

Younes El Khadi, &quoute;La Lutte contre la corruption et la moralisation la vie publique au Maroc,&quoute; rapport de master en administration publique, Ecole Nationale d'Administration, 2005. Last accessed on July 20th, 2014 on http://www.ena.fr/index.php?/fr/content/download/844/5433/file/ElKhadi.pdf.

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Website of the ICPC, last accessed on July 20, 2014 http://www.icpc.ma/wps/portal.

Database of press articles related to corruption in Morocco, last accessed on July 20, 2014: http://www.happyknowledge.com/subs/UU7xAh--7AACWL2_/Corruption-au-Maroc/#.U8wgK4B_ulM.

Hafsa Sakhi, &quoute;Lutte contre la corruption : le projet de loi au cœur des discussions&quoute;, Le Matin, January 22, 2013. Last accessed on July 20, 2014 http://www.lematin.ma/journal/Lutte-contre-la-corruption---le-projet-de-loi-au-coeur-des-discussions/177016.html#sthash.0JlaAmnT.dpuf.

Unknown, &quoute;De l'ICPC à l'instance nationale de probité, de prévention et de lutte contre la corruption&quoute;, Au fait Maroc, June 13, 2014. Last accessed on July 20, 2014. http://m.aufaitmaroc.com/actualites/maroc/2014/6/13/de-licpc-a-linstance-nationale-de-probite-de-prevention-et-de-lutte-contre-la-corruption_220211.html#___1__.

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Abderrafi Aloumliki, &quoute;Casablanca : Un an de prison pour un médecin accusé de corruption&quoute;, Aujourd'hui Le Maroc, February 28, 2012. Last accessed on 20 July 2014 http://www.aujourdhui.ma/une/faits-divers/casablanca-un-an-de-prison-pour-un-medecin-accuse-de-corruption-81602#.U8wf_YB_ulM.

Unknown, &quoute;Trois gendarmes devant la justice pour corruption&quoute;, AgadirNet, January 25, 2008. Last accessed on 20 July 2014 http://www.agadirnet.com/news-actualites/details__4972.html.

AFP, &quoute;Sept douaniers condamnés à un an de prison pour corruption&quoute;, Au Fait Maroc, December 12, 2012. Last accessed on July 20, 2014 http://www.aufaitmaroc.com/actualites/maroc/2012/12/11/sept-douaniers-condamnes-a-un-an-de-prison-pour-corruption_201050.html#.U8wgAYB_ulM.

M.L, &quoute;Salé, trois policiers condamnés pour corruption&quoute;, H24 Info, June 3, 2014. Last accessed on July 20 2014 http://www.h24info.ma/maroc/sale-trois-policiers-condamnes-pour-corruption/23696.

Unknown, &quoute;Maroc, des policiers condamnés pour corruption dans la région de Rabat&quoute;, Ya Biladi, April 20, 2013. Last accessed on July 20, 2014 http://www.yabiladi.com/articles/details/16734/maroc-policiers-condamnes-pour-corruption.html.

Jalil Laaboudi, &quoute;Un Caïd condamné pour corruption à Salé&quoute;, Bladi, February 2, 2014. Last accessed on July 20, 2014 http://www.bladi.net/caid-corruption-sale-maroc.html.

Unknown, &quoute;Plus d'affaires de corruption devant les tribunaux&quoute;, Aujourd'hui Le Maroc, January 6, 2006. Last accessed on July 20, 2014 http://www.maghress.com/fr/aujourdhui/42708.

SOURCES -+

Opinion: Agree with Comments

Comment: Anti-corruption training takes places in other sectors, including for employees of ministeries (see for example http://www.anti-corruption.org/index.php/en/news/82-news/345-training-on-establishing-a-comprehensive-monitoring-and-evaluation-mechanism-for-morocco-s-upcoming-anti-corruption-strategy and Memorandum of Understanding between The Ministry of Civil Service and Modernization of Administration of the Kingdom of Morocco and the International Anti-Corruption Academy (2012); https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=10&cad=rja&uact=8&ved=0CHIQFjAJ&url=https%3A%2F%2Fwww.iaca.int%2Fcomponent%2Fdropfiles%2F%3Ftask%3Dfrontfile.download%26id%3D59&ei=vzqPVP6lJKau7gbi2YDoCg&usg=AFQjCNHvfAPsW2dJyYadjBTKDh1UnIp5hw&bvm=bv.81828268,d.ZGU
; both last accessed 15 December 2014). However, no evidence for training specifically geared towards personnel in the defence and security sector could be found.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

50.

score

Is there a policy to make public outcomes of the prosecution of defence services personnel for corrupt activities, and is there evidence of effective prosecutions in recent years?

Researcher + Peer Reviewer1806: No evidence of a policy that makes outcomes of prosecution public was found, neither in theory nor in practice.

In 1998 an Air Force Captain denounced a fuel misappropriation traffic organised by army officers in the southern area of the country. The Western Sahara has been disputed since 1975 and the armed forces benefit from a de facto particular status there. Not only were the officers that the Captain denounced not condemned for their acts, but he also suffered from pressures from the army (salary retention, requests for holidays denied, threats) and was jailed for having told his story to the press and for &quoute;revealing military secrets&quoute;.

As of July 2014 no legal public action has been taken yet against the suspects (who include General Bennani, a close relation of the King and formerly in charge of the Western Sahara region). who have not been effectively prosecuted. Moreover, the international community has not called for proper investigations in this regard.

COMMENTS -+

Mohamed Saadouni, &quoute;Le projet de loi sur l'immunité des militaires marocains suscite des inquiétudes&quoute;, Magharebia, May 31, 2012. Last accessed on July 20, 2014 http://magharebia.com/fr/articles/awi/features/2012/05/31/feature-02.

Unknown, &quoute;Maroc/France : nouvel incident diplomatique&quoute; , Le Figaro, June 19, 2014. Last accessed on June 20, 2014 http://www.lefigaro.fr/flash-actu/2014/06/19/97001-20140619FILWWW00435-marocfrance-nouvel-incident-diplomatique.php.

Unknown, &quoute;Maroc/France : quand Mustapha Adib tente de pénétrer dans la chambre du général Bennani&quoute;, Jeune Afrique, June 23, 201. Last accessed on July 20, 2014 http://www.jeuneafrique.com/Article/JA2789p008.xml0/.

AFP, &quoute;Maroc : un ex-officier porte plainte contre le roi&quoute;, Libération, June 20, 2014. Last accessed on July 20, 2014 http://www.liberation.fr/monde/2014/06/20/maroc-un-ex-officier-porte-plainte-contre-le-roi_1046462.

Unknown, &quoute;Quand l’ambassadeur américain à Rabat dénonçait la « corruption » du général Bennani&quoute;, Demain Online, June 21, 2014. Last accessed on July 20, 2014 http://www.demainonline.com/2014/06/21/quand-lambassadeur-americain-a-rabat-denoncait-la-corruption-du-general-bennani/.

Transparency International Secrétariat, &quoute;UN joins chorus calling to release of Moroccan army whistleblower&quoute;, Transparency International, February 27th, 2002.

Last accessed on July 20, 2014 http://www.transparency.org/news/pressrelease/un_joins_chorus_calling_for_release_of_moroccan_army_whistleblower.

Transparency International Secrétariat, &quoute;Moroccan Premier pledges to support whistleblowers in fight against corruption&quoute;, Transparency International, December 4, 2000. Last accessed on July 20, 2014 http://www.transparency.org/news/pressrelease/moroccan_premier_pledges_to_support_whistleblowers_in_fight_against_corrupt.

Unknown, &quoute;Integrity award winner, Mustapha Adib, Air Force Captain, Morocco&quoute;, Transparency International, September 29, 2000. Last accessed on July 20, 2014. http://www.transparency.org/getinvolved/awardwinner/mustapha_adib.

Transparency International Secrétariat, &quoute;TI welcomes the release of Moroccan army whistleblower Captain Mustapha Adib&quoute;, Transparency International, May 23, 2002. Last accessed on July 20, 2014.
http://www.transparency.org/news/pressrelease/ti_welcomes_the_release_of_moroccan_army_whistleblower_captain_mustapha_adi

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

51.

score

Are there effective measures in place to discourage facilitation payments (which are illegal in almost all countries)?

Researcher + Peer Reviewer1806: Thomas Riley (US Ambassador to Morocco in 2008)'s cable to the State Department shows a wide use of facilitation payments within the military, especially in the Western Sahara region where most of the Moroccan armed forces are stationed. Further evidence of facilitation payments is given by the press and also by interviewees. Facilitation payments seem to be made in all fields of public life, ranging from education to health, police, justice and local authorities.

Though, corruption in general is prohibited in the Public Market Code (currently under revision as of November 2014), but there is no specific legislation to discourage facilitation payment.

COMMENTS -+

Thomas Riley -Ambassador of the USA to Morocco, &quoute;Cable #164775 to the State Department&quoute;, Wikileaks, August 4, 2008. Last accessed on July 20, 2014 http://internacional.elpais.com/internacional/2010/12/02/actualidad/1291244432_850215.html.

Léa-Lisa Westerhoff, &quoute;Maroc : pas d'entreprise possible sans pots-de-vin&quoute;, Alternatives Internationales 53 (December 2011). Last accessed on July 20, 2014 http://www.alternatives-internationales.fr/maroc--pas-d-entreprise-possible-sans-pots-de-vin_fr_art_1114_56492.html.

Hajar Benezha, &quoute;Education nationale En plus des bonnets d’âne, des pots-de-vin…&quoute;, L'Economiste 4125 (October 2, 2013). Last accessed on July 20, 2014. http://www.leconomiste.com/article/911496-education-nationaleen-plus-des-bonnets-d-ne-des-pots-de-vin#sthash.CpA9oNL6.dpuf.

Enoch El Fassi, &quoute;Maroc : corruption et passe-droit, la police dans tous ses états&quoute;, Afrik.com, September 28, 2013. Last accessed on July 20, 2014. http://www.afrik.com/maroc-corruption-et-passe-droit-la-police-dans-tous-ses-etats.

Unknown, &quoute;Maroc : Bienvenue au pays des pots-de-vin&quoute;, Tel Quel, March 18, 2007. Last accessed on July 20, 2014. http://www.bladi.net/maroc-pots-de-vin.html.

Interview with Interviewee 1, Moroccan Civil Society Activist and Journalist, June 19th and July 11th 2014

Skype/phone Interview with Interviewee 2, Moroccan Civil Engineer, June 14th, 16th and 17th 2014

Skype/phone Interview with Interviewee 3, Civil Society Activist, June 9th and 25th 2014

Skype/phone Interview with Interviewee 4, Senior Journalist, June 15th 2014

Interview with Interviewee 5, Academic and Journalist, June 15th and July 12th 2014

'Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics', March 20 2013. http://www.fec.org.ma/Textes/Decret2-12-349FR.pdf

SOURCES -+

Opinion: Agree with Comments

Comment: Coruption takes place at all levels in the military. &quoute;There are even reports of students at Morocco's military academy paying money to increase their class standings (...)&quoute; cable 08RABAT727, MOROCCO'S MILITARY: ADEQUATE, MODERNIZING, BUT (2008); http://wikileaks.org/cable/2008/08/08RABAT727.html; last accessed 15 December 2014.

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: Given the highly-favourable relationship which Morocco enjoys with the United States, there is a wide oversight gap in facilitation payments that could be exploited by FAR officers and civilians involved with the military.

Suggested score:

Researcher + Peer Reviewer-+

Training 60

52.

score

Do the armed forces have military doctrine addressing corruption as a strategic issue on operations?

Researcher + Peer Reviewer1806: A lack of evidence for a known military doctrine addressing corruption issues for peace and conflict might indicate a lack of transparency which in itself could imply corruption risks.

The Military Justice code presents a detailed account of the behaviours soldiers should and should not observe while on operations, as well as a list of sometimes severe sanctions in case of abuses. However no mention of corruption, bribery or misuse of public goods is made.

The Regulations on General Discipline also presents a detailed account of the behaviours soldiers should and should not observe while on operations (such as (art.25.2) &quoute;interdiction to steal from the wounded or the dead&quoute; and &quoute;to raid - especially private goods&quoute;), as well as a list of sometimes severe sanctions in case of abuses. However no mention of corruption, bribery or misuse of public goods is made.

COMMENTS -+

Regulations on General Discipline of the Moroccan Royal Armed Forces (Dahir n° 1-74-383 du 15 rejeb 1394 portant approbation du règlement de discipline générale des Forces armées royales) , last accessed on July 20, 2014 http://www.icrc.org/ihl-nat/a24d1cf3344e99934125673e00508142/4786e02e6c3bb6c3c125765d004fab43/$FILE/Reglement%20de%20discipline%20generale%20des%20Forces%20armees%20royales.pdf

Military Justice Code, &quoute;Dahir n°1-56-270 du 6 rebia II 1376 (10 novembre 1956) formant code de justice militaire&quoute;, Bulletin Officiel n° : 2299-bis du 21/11/1956. Last accessed on July 20, 2014 http://adala.justice.gov.ma/production/html/Fr/liens/..%5C44976.htm.

Younes El Khadi, &quoute;La Lutte contre la corruption et la moralisation la vie publique au Maroc,&quoute; rapport de master en administration publique, Ecole Nationale d'Administration, 2005. Last accessed on July 20th, 2014 on http://www.ena.fr/index.php?/fr/content/download/844/5433/file/ElKhadi.pdf.

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Website of the ICPC, last accessed on July 20, 2014 http://www.icpc.ma/wps/portal.

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014. http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

53.

score

Is there training in corruption issues for commanders at all levels in order to ensure that these commanders are clear on the corruption issues they may face during deployment? If so, is there evidence that they apply this knowledge in the field?

Researcher + Peer Reviewer1806: Since Mohammed VI's rise to power, and particularly since Morocco's adhesion to the 2003 United Nations Convention Against Corruption in 2007 measures have been taken to fight corruption in the public and private sectors.

Such measures include the creation of the ICPC (National Commission for the Fight against Corruption) and the increase of legal proceedings against acts of corruption for instance.

However, the works of the ICPC and the cases brought to court concern mainly the police, the customs and the local authorities.

As in many cases, the military does not feature prominently in anti-corruption measures undertaken by the government and local or international NGOs alike, and no evidence of anti-corruption training was found, including for commanders during deployment. On the contrary, commanders (and notably General Bennani, the Armed Forces' most senior member after the King) have been suspected of several acts of corruption. The particular relation of the armed forces with the King may explain this lack of training and this apparent immunity.

Due to the conflict situation with Algeria, information on seemingly sensitive issues such as training programmes for armed forces is not publicly available.

Such lack of evidence might indicate a lack of transparency which itself could imply corruption risks.

COMMENTS -+

SOURCES -+

Opinion: Agree with Comments

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

54.

score

Are trained professionals regularly deployed to monitor corruption risk in the field (whether deployed on operations or peacekeeping missions)?

Researcher + Peer Reviewer1806: Since Mohammed VI's rise to power, and particularly since Morocco's adhesion to the 2003 United Nations Convention Against Corruption in 2007 measures have been taken to fight corruption in the public -and private- sector, a wide phenomenon in the country.

Such measures include the creation of the ICPC (National Commission for the Fight against Corruption) and the increase of legal proceedings against acts of corruption for instance.

However, the works of the ICPC and the cases brought to court concern mainly the police, the customs and the local authorities.

As in many cases, the military is left behind with regards to anti-corruption measures undertaken by the government and local or international NGOs alike. No evidence of deployment of personnel for corruption monitoring in the field was found. According to the interviewee, the fact that the most important (and closest to the King) commanders of the military have been suspected of corruption in the past years may explain this absence of monitoring.

COMMENTS -+

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

55.

score

Are there guidelines, and staff training, on addressing corruption risks in contracting whilst on deployed operations or peacekeeping missions?

Researcher + Peer Reviewer1806: Since Mohammed VI's rise to power, and particularly since Morocco's adhesion to the 2003 United Nations Convention Against Corruption in 2007 measures have been taken to fight corruption in the public and private sectors.

Such measures include the creation of the ICPC (National Commission for the Fight against Corruption) and the increase of legal proceedings against acts of corruption for instance.

However, according to the interviewee, the works of the ICPC and the cases brought to court concern mainly the police, the customs and the local authorities.

As in many cases, the military is left behind with respect to anti-corruption measures undertaken by the government and local or international NGOs alike. Although Morocco is an active contributor to peacekeeping missions in the world, there is no evidence guidelines or staff training on addressing corruption risks in contracting whilst on deployed operations or peacekeeping missions.

According to the interviewee, such lack of evidence might indicate a lack of transparency which itself could imply corruption risks.

COMMENTS -+

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

56.

score

Private Military Contractors (PMCs) usually refer to companies that provide operational staff to military environments. They may also be known as security contractors or private security contractors, and refer to themselves as private military corporations, private military firms, private security providers, or military service providers.

Researcher + Peer Reviewer1806: While, there isn't any evidence of PMCs working for the armed forces, there is no legal provision for PMCs working for the military either. It is believed that private military contractors are not employed to any significant extent. The score has been selected accordingly.

The only PMCs allowed concern civil safety (residential areas, offices...) and remain under strict control.

RESPONSE TO PEER REVIEWER 2: While there is no evidence of PMCs, there is also no legislation regulating scrutiny in case of their use. The awarded score is therefore in line with methodology guidelines. Score maintained.

COMMENTS -+

SOURCES -+

Opinion: Agree with Comments

Comment: While it has been confirmed that private security contractor firms have moved to Morocco (Jody Ray Bennett (19 January 2010): Good Year for Private Security; http://www.isn.ethz.ch/Digital-Library/Articles/Detail/?lng=en&id=111487; Securitas enters the security services market in Morocco. Press release, 25 November 2009: http://www.securitas.com/en/News/Press-releases/2009/Securitas-enters-the-security-services-market-in-Morocco/; both last accessed 15 Deember 2014), there is no evidence that PMCs have been employed by the military, too. If they were, scrutiny couldn't be expected to be high.

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: The comment acknowledges no presence of PMCs, yet the score recommended indicates regular employment of PMCs. There is a contradiction in this. Either the scoring is not applicable (N/A or No. 5) or there are PMCs involved that have not been disclosed publicly.

Suggested score: 4

Researcher + Peer Reviewer-+

Personnel 50

57.

score

Does the country have legislation covering defence and security procurement and are there any items exempt from these laws?

Researcher + Peer Reviewer1806: The country has legislation covering defence and security procurement but the defence administration is exempted from most of the transparency requirements.

The March 20th 2013 Code of Public Procurement Contracts exempts the Armed Forces from a certain number of conditions, such as:

- Article 86: Procurements contracts for the Armed Forces can be proceeded without prior publicity and bid for tenders.

- Article 129: The same goes for architectural consultancy.

- Article 171: The &quoute;National Defence Administration&quoute; is exempt from the following conditions: budget restraints (Article 6), opening of the offers in public (Articles 17, 36, 46, 63, 104 and 121), publication of the estimated programme, market achievement report and a number of other documents (Article 147), use of electronic exchange procedures for documents and reverse electronic bids (Articles 148, 149 and 151), market audits and controls (Article 165), control over military equipment, weaponry and ammunition procurement contracts (Article 156).

Some military procurement contracts can result from a restricted bid to tenders without budget limit or the establishment of an administrative certificate.

This significant lack of transparency implies corruption risks.

RESPONSE TO PEER REVIEWER 1: Agreed. Score raised from 0 to 1 and source added.

COMMENTS -+

SOURCES -+

Opinion: Disagree

Comment: The country has legislation covering defence and security procurement; however, parts of the military are exempt from the transparency requirements. E.g. Abdelilah Benkirane signed a decree in January 2013 exempting the military from being hold publicly accountable for its spending (Hicham El Moussaoui (29 June 2013): Maroc : la transparence s’arrête aux portes des casernes; http://www.afrik.com/maroc-la-transparence-s-arrete-aux-portes-des-casernes; last accessed 15 December 2014).

Suggested score: 1

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

58.

score

Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?

Researcher + Peer Reviewer1806: No evidence that the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal is disclosed to the public. It is unlikely that the defence procurement cycle process has been formalised at all.

Given the special role of the King in military affairs following the 1971 and 1972 coup attempts (as reported by Thomas Riley and the interviewee) it is likely that the latter oversees the whole defence procurement cycle.

According to the interviewee, there must be some formalisation of this cycle within the Palace itself.

RESPONSE TO PEER REVIEWER: Unfortunately this evidence does not disclose much about the broader cycle (such as whether any formal needs assessments or scoping studies were held, or how the platforms will be supported during service or retired/disposed of). Score maintained.

COMMENTS -+

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014. http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

Alain Antil, &quoute;Le Royaume du Maroc et sa politique envers l'Afrique Sub-Saharienne&quoute;, Institut Français des Relations Internationales, November 2013. Last accessed July 20, 2014. https://www.google.fr/url?sa=t&rct=j&q=&esrc=s&source=web&cd=9&ved=0CGsQFjAI&url=http%3A%2F%2Fwww.defence.gouv.fr%2Fcontent%2Fdownload%2F13832%2F125918%2Ffile%2Fepmes_le_maroc_et_sa_politique_envers_l_afrique_subsaharienne_etude.pdf&ei=DwjMU8nDLYmd0AWMrYDgBQ&usg=AFQjCNGDK4T_hyJOHb2YGFdJitnUGASmjQ&sig2=NpykGpuBOzihNN3ELJYxZQ&bvm=bv.71198958,d.bGQ&cad=rja

March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics).

Transparency International, &quoute;It Belongs to You: Public Information in the Middle East and Northern Africa&quoute;, 2013.

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Thomas Riley -Ambassador of the USA to Morocco, &quoute;Cable #164775 to the State Department&quoute;, Wikileaks, August 4, 2008. Last accessed on July 20, 2014 http://internacional.elpais.com/internacional/2010/12/02/actualidad/1291244432_850215.html.

defence Security Cooperation Agency, &quoute;Kingdom of Morocco – M1A1 SA Abrams Tank Enhancement, Support and Equipment&quoute;, 18 June 2012. http://www.dsca.mil/major-arms-sales/kingdom-morocco-m1a1-sa-abrams-tank-enhancement-support-and-equipment

Interview with Interviewee 1, Moroccan Civil Society Activist and Journalist, June 19th and July 11th 2014

SOURCES -+

Opinion: Agree with Comments

Comment: Prime minister Abdelilah Benkirane signed a decree in January 2013 exempting the army from being hold publicly accountable for its spending (Hicham El Moussaoui (29 June 2013): Maroc : la transparence s’arrête aux portes des casernes; http://www.afrik.com/maroc-la-transparence-s-arrete-aux-portes-des-casernes; last accessed 15 December 2014).

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: OSINT research indicates several occasions where Moroccan defence procurement have been disclosed publicly, if only via the other partner nation's or defence industry's press and media outlets. A recent procurement announcement of 200 M1A1 main battle tanks from the United States is an example of this.

http://www.dsca.mil/major-arms-sales/kingdom-morocco-m1a1-sa-abrams-tank-enhancement-support-and-equipment

Suggested score: 1

Researcher + Peer Reviewer-+

59.

score

Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?

Researcher + Peer Reviewer1806: No evidence of procurement oversight mechanisms was found.

According to the interviewee, this apparent absence of procurement oversight mechanisms might be explained by the fact that the military is a sector that escapes almost totally legislative and governmental control.

Indeed, since the 1971 and 1972 coup attempts it has been directly under the orders of the King who is not accountable in front of any other power in Morocco.

The lack of transparency might imply corruption risks. In this case, corruption would benefit mainly commanders and high-ranking officers, in accordance to the informal policy of the King towards the military according to which loyalty is rewarded with personal privileges.

COMMENTS -+

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014. http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

Alain Antil, &quoute;Le Royaume du Maroc et sa politique envers l'Afrique Sub-Saharienne&quoute;, Institut Français des Relations Internationales, November 2013. Last accessed July 20, 2014. https://www.google.fr/url?sa=t&rct=j&q=&esrc=s&source=web&cd=9&ved=0CGsQFjAI&url=http%3A%2F%2Fwww.defence.gouv.fr%2Fcontent%2Fdownload%2F13832%2F125918%2Ffile%2Fepmes_le_maroc_et_sa_politique_envers_l_afrique_subsaharienne_etude.pdf&ei=DwjMU8nDLYmd0AWMrYDgBQ&usg=AFQjCNGDK4T_hyJOHb2YGFdJitnUGASmjQ&sig2=NpykGpuBOzihNN3ELJYxZQ&bvm=bv.71198958,d.bGQ&cad=rja

March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics).

Transparency International, &quoute;It Belongs to You: Public Information in the Middle East and Northern Africa&quoute;, 2013.
http://action.transparency.org/morocco/morocco-challenging-secrecy

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Thomas Riley -Ambassador of the USA to Morocco, &quoute;Cable #164775 to the State Department&quoute;, Wikileaks, August 4, 2008. Last accessed on July 20, 2014 http://internacional.elpais.com/internacional/2010/12/02/actualidad/1291244432_850215.html.

Interviewee 1, Moroccan Civil Society Activist and Journalist, June 19th and July 11th 2014

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

60.

score

Are actual and potential defence purchases made public?

Researcher + Peer Reviewer1806: Defence purchases are not made public in detail.

An aggregate total spend is disclosed in the 2014 Budget Law:
Armed Forces:
Line 1.2.1.1.0.34.000: Staff 21 935 000 000 Moroccan Dirhams.
Line 1.2.1.2.0.34.000: Equipment and Various Expenses 5 350 000 000 Moroccan Dirhams.

The local and international press regularly report major defence purchases with foreign nations. Given that the budget for armed forces is not published in detail it is unclear whether or not these purchases were taken into account in the budget.

As explained in the previous questions, the King has the final decision over defence purchases, and is often the one suggesting these purchases in the first place.

RESPONSE TO PEER REVIEWER 1: The score awarded is in line with the scoring criteria. Score maintained.

COMMENTS -+

Ali Amar, &quoute;Maroc-Algérie : des armées budgétivores&quoute;, Slate Afrique, April 4, 2012. Last accessed on July 20, 2014 http://www.slateafrique.com/21809/maroc-algerie-armement-defence-sahara-occidental.

Budget Law for year 2011. Last accessed on July 20, 2014, http://www.lavieeco.com/pdf/documents_officiels/Loi+de+finances+2011.pdf.

Budget Law for year 2012. Last accessed on July 20, 2014, http://www.lavieeco.com/pdf/documents_officiels/Loi+de+finances+2012.pdf.

Budget Law for year 2013. Last accessed on July 20, 2014. http://www.lavieeco.com/pdf/documents_officiels/Maroc-Loi+de+Finances+2013.pdf.

Budget law for year 2014. Last accessed on July 20, 2014, http://www.finances.gov.ma/fr/Pages/plf2014.aspx?m=Loi%20de%20finances%20et%20Budget.

Fouâd Harit, &quoute;Maroc-Russie : un rapprochement militaire ?&quoute;, Afrik.com, June 12, 2014. Last accessed on July 20, 2014 http://www.afrik.com/ok-maroc-russie-un-rapprochement-militaire.

Unknown, &quoute;L'armée marocaine acquiert 70 nouveaux chars&quoute;, Ya Watani, 2008. Last accessed on July 20, 2014. http://www.yawatani.com/index.php?option=com_content&view=article&id=4707:larmee-marocaine-acquiert-70-nouveaux-chars-&catid=58:politique-marocaine&Itemid=35.

Olivier Fourt, &quoute;L’armée de l’air marocaine fait son show à Marrakech&quoute;, RFI, April 5, 2012. Last accessed on July 20, 2014. http://www.rfi.fr/afrique/20120405-armee-air-marocaine-fait-son-show-marrakech-maroc-defence-f16-rafale-mirage/

SOURCES -+

Opinion: Disagree

Comment: An aggregate total spend is disclosed in the 2014 Budget Law. However, details are not made public. In fact, prime minister Abdelilah Benkirane signed a decree in January 2013 exempting the military from being hold publicly accountable for its spending. This decision has been criticised as unnecessary and unbased given the current security situation (Hicham El Moussaoui (29 June 2013): Maroc : la transparence s’arrête aux portes des casernes; http://www.afrik.com/maroc-la-transparence-s-arrete-aux-portes-des-casernes; last accessed 15 December 2014).

Suggested score: 1

Peer Reviewer-+

Opinion: Agree with Comments

Comment: While not made public by the government itself, many Moroccan procurement announcements are disclosed publicly with their trading parter nation or company. This is often such in the case of procurement projects with the United States and the EU, who are obliged to disclose all non-classified deals. Thus, there remains some manner of information beyond the government's reluctance to disclose information.

Suggested score:

Researcher + Peer Reviewer-+

61.

score

What procedures and standards are companies required to have - such as compliance programmes and business conduct programmes - in order to be able to bid for work for the Ministry of Defence or armed forces?

Researcher + Peer Reviewer1806: The March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics) exempts defence procurement contracts from a number of conditions of transparency.

However, extra requirements apply to defence procurement contracts:
- Art. 25.A.2.e and Art. 50.II.a.3.e: the candidate company must prove its nationality as well as the nationality of its directors for contracts relating to defence or public security, if the contracting authority requires it.
- Art. 97.7: the candidate architecture company and the architects must prove their nationality if the contracting authorities require it.

None of these requirements concern compliance or business conduct programmes in relation to integrity beyond what is generally in company law.

No further evidence of integrity requirement was found in other sources. This might indicate a lack of transparency which in itself could imply corruption risks.

COMMENTS -+

The March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics). http://www.fec.org.ma/Textes/Decret2-12-349FR.pdf

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014. http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

Transparency International, &quoute;It Belongs to You: Public Information in the Middle East and Northern Africa&quoute;, 2013. http://action.transparency.org/morocco/morocco-challenging-secrecy

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

62.

score

Are procurement requirements derived from an open, well-audited national defence and security strategy?

Researcher + Peer Reviewer1806: Procurement requirements are at least formally derived from a national defence and security strategy that has been consistent since the beginning of the 1970s and that is aimed at:

- considering Western Sahara as a Moroccan territory (and therefore fight claims from Algeria or the Polisario on this territory).
- preventing clandestine traffic (fuel) through border with Algeria and possible, although unlikely, hostile movement from the Algerian troops.
- and more recently at fighting possible Islamist terrorist threats.

However, there is no official, publicly debated and detailed formulation of procurement requirements in regard to this strategy.

The special role of the King in military affairs following the 1971 and 1972 coup attempts (as reported by Thomas Riley and confirmed by the interviewee) might explain this lack of transparency, which in turn could imply corruption risks.

COMMENTS -+

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014. http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

Alain Antil, &quoute;Le Royaume du Maroc et sa politique envers l'Afrique Sub-Saharienne&quoute;, Institut Français des Relations Internationales, November 2013. Last accessed July 20, 2014. https://www.google.fr/url?sa=t&rct=j&q=&esrc=s&source=web&cd=9&ved=0CGsQFjAI&url=http%3A%2F%2Fwww.defence.gouv.fr%2Fcontent%2Fdownload%2F13832%2F125918%2Ffile%2Fepmes_le_maroc_et_sa_politique_envers_l_afrique_subsaharienne_etude.pdf&ei=DwjMU8nDLYmd0AWMrYDgBQ&usg=AFQjCNGDK4T_hyJOHb2YGFdJitnUGASmjQ&sig2=NpykGpuBOzihNN3ELJYxZQ&bvm=bv.71198958,d.bGQ&cad=rja

The March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics). http://www.fec.org.ma/Textes/Decret2-12-349FR.pdf

Transparency International, &quoute;It Belongs to You: Public Information in the Middle East and Northern Africa&quoute;, 2013. http://action.transparency.org/morocco/morocco-challenging-secrecy

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Thomas Riley -Ambassador of the USA to Morocco, &quoute;Cable #164775 to the State Department&quoute;, Wikileaks, August 4, 2008. Last accessed on July 20, 2014 http://internacional.elpais.com/internacional/2010/12/02/actualidad/1291244432_850215.html.

Interviewee 1, Moroccan Civil Society Activist and Journalist, June 19th and July 11th 2014

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: The presence of Commando or Special Operations Forces (SOF) in the FAR also implies a discretionary budget for these forces that fall outside of conventional procurement tracks. This is the norm for many militaries around the world, but is generally proportionate to the size of the SOF regiments or battalions mustered.

Suggested score:

Researcher + Peer Reviewer-+

63.

score

Are defence purchases based on clearly identified and quantified requirements?

Researcher + Peer Reviewer1806: As explained in previous answers, the King oversees all purchases of military equipment in an attempt to prevent any coup d'etat from the military as it happened in 1971 and 1972.

Moreover the King is not subject to any control from the Parliament or other independent body.

There is therefore no formal procedure in place for defining purchase requirements.

However, there is no evidence that the purchases are absolutely not based on quantification of requirements and are explicitly opportunistic by nature. The purchases disclosed by the press are not supported by relevant sources.

COMMENTS -+

Philippe Brachet, &quoute;Corruption et sous-développement au Maroc&quoute; (Paris: L'Harmattan, 1992).

Maria Bennaciri, &quoute;Mutations et nouvelles orientations de la sécurité au Maroc&quoute;, Forum Civil Démocratique Marocain, February 24, 2011. Last accessed July 20, 2014. http://www.cerss-ma.org/newfcdm/index.php?option=com_content&view=article&id=123:mutations-et-nouvelles-orientations-de-la-securite-au-maroc&catid=48:la-securite-et-la-question-sociale-&Itemid=70

Brahim Saidy, &quoute;La politique de défense Marocaine : articulation de l’interne et de l’externe&quoute;, Maghreb-Machrek 202 (Winter 2009-2010): 115-131. Last accessed on July 20, 2014 http://www.cairn.info/resume.php?ID_ARTICLE=MACHR_202_0115.

Alain Antil, &quoute;Le Royaume du Maroc et sa politique envers l'Afrique Sub-Saharienne&quoute;, Institut Français des Relations Internationales, November 2013. Last accessed July 20, 2014. https://www.google.fr/url?sa=t&rct=j&q=&esrc=s&source=web&cd=9&ved=0CGsQFjAI&url=http%3A%2F%2Fwww.defence.gouv.fr%2Fcontent%2Fdownload%2F13832%2F125918%2Ffile%2Fepmes_le_maroc_et_sa_politique_envers_l_afrique_subsaharienne_etude.pdf&ei=DwjMU8nDLYmd0AWMrYDgBQ&usg=AFQjCNGDK4T_hyJOHb2YGFdJitnUGASmjQ&sig2=NpykGpuBOzihNN3ELJYxZQ&bvm=bv.71198958,d.bGQ&cad=rja

The March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics). http://www.fec.org.ma/Textes/Decret2-12-349FR.pdf

Transparency International, &quoute;It Belongs to You: Public Information in the Middle East and Northern Africa&quoute;, 2013. http://action.transparency.org/morocco/morocco-challenging-secrecy

Transparency International, &quoute;The Good Governance Challenge: Egypt, Lebanon, Morocco, Palestine&quoute;, 2010.
http://issuu.com/transparencyinternational/docs/2010_mena_nis_en?e=2496456/2715726

Transparency International, &quoute;National Integrity System Study Overview Morocco 2009&quoute;, 2010.
http://www.transparency.org/whatwedo/publication/national_integrity_system_study_overview_morocco_2009

Thomas Riley -Ambassador of the USA to Morocco, &quoute;Cable #164775 to the State Department&quoute;, Wikileaks, August 4, 2008. Last accessed on July 20, 2014 http://internacional.elpais.com/internacional/2010/12/02/actualidad/1291244432_850215.html.

Interview with Interviewee 1, Moroccan Civil Society Activist and Journalist, June 19th and July 11th 2014

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: The quantification of requirements is likely an ad hoc process, whereby the King is able to evaluate and decide on equipment based on stated needs from his commanders. This maintains his overall control of the military, while also preventing a perceived 'overreach' by FAR leaders.

Suggested score:

Researcher + Peer Reviewer-+

64.

score

Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?

Researcher + Peer Reviewer1806: The March 20th 2013 Code of Public Procurement Contracts conducts public procurement as open competition.

However, it explicitly exempts the Armed Forces from a certain number of conditions, such as:
- Article 86: Procurements contracts for the Armed Forces can be proceeded without prior publicity and bid for tenders.
- Article 129: Architectural consultancy for the Armed Forces can be proceeded without prior publicity and bid for tenders.
- Article 171: The &quoute;National Defence Administration&quoute; is exempt from the following conditions: budget restraints (article 6), opening of the offers in public (articles 17, 36, 46, 63, 104 and 121), publication of the estimated programme, market achievement report and a number of other documents (article 147), use of electronic exchange procedures for documents and reverse electronic bids (articles 148, 149 and 151), market audits and controls (article 165), control over military equipment, weaponry and ammunition procurement contracts (article 156).

Some military procurement contracts can result from a restricted bid to tenders without budget limit or the establishment of an administrative certificate.

In the absence of transparency and some requirements usually implemented for other kinds of public procurement contracts and given the observations in the local and international press most contracts are likely to be single-sourced. This lack of transparency implies corruption risks.

Moreover, press reports reporting on arms deals signed with foreign nations do not mention open competition procurement procedures either.

COMMENTS -+

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

65.

score

Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?

Researcher + Peer Reviewer1806: The March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics) does not mention anything concerning the independent control and audit of tender boards.

Art. 35-45 however extensively details the procedure relating to the work of the tender board. These procedures can be compared to a code of conduct. However, no evidence was found that the Code of Public Procurement Contracts has been translated into concrete regulation. According to the interviewee, the code is fairly new and is already apparently under revision.

Art. 142. adds that audit and controls are only undertaken for procurement contracts with local authorities.

Moreover, the press reporting arms deals signed with foreign nations does not mention any independent audit or controls for these deals.

Subsequently, the ICPC does not mention any works in progress related to an independent and transparent audit of tender board procedure and practice. Such works would indicate that this absence is a concern for Moroccan authorities.

This lack of evidence might indicate a lack of transparency which could imply corruption risks.

COMMENTS -+

The March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics). http://www.fec.org.ma/Textes/Decret2-12-349FR.pdf

Ali Amar, &quoute;Maroc-Algérie : des armées budgétivores&quoute;, Slate Afrique, April 4, 2012. Last accessed on July 20, 2014 http://www.slateafrique.com/21809/maroc-algerie-armement-defence-sahara-occidental.

Budget Law for year 2011. Last accessed on July 20, 2014, http://www.lavieeco.com/pdf/documents_officiels/Loi+de+finances+2011.pdf.

Budget Law for year 2012. Last accessed on July 20, 2014, http://www.lavieeco.com/pdf/documents_officiels/Loi+de+finances+2012.pdf.

Budget Law for year 2013. Last accessed on July 20, 2014. http://www.lavieeco.com/pdf/documents_officiels/Maroc-Loi+de+Finances+2013.pdf.

Budget law for year 2014. Last accessed on July 20, 2014, http://www.finances.gov.ma/fr/Pages/plf2014.aspx?m=Loi%20de%20finances%20et%20Budget.

Fouâd Harit, &quoute;Maroc-Russie : un rapprochement militaire ?&quoute;, Afrik.com, June 12, 2014. Last accessed on July 20, 2014 http://www.afrik.com/ok-maroc-russie-un-rapprochement-militaire.

Unknown, &quoute;L'armée marocaine acquiert 70 nouveaux chars&quoute;, Ya Watani, 2008. Last accessed on July 20, 2014. http://www.yawatani.com/index.php?option=com_content&view=article&id=4707:larmee-marocaine-acquiert-70-nouveaux-chars-&catid=58:politique-marocaine&Itemid=35.

Olivier Fourt, &quoute;L’armée de l’air marocaine fait son show à Marrakech&quoute;, RFI, April 5, 2012. Last accessed on July 20, 2014. http://www.rfi.fr/afrique/20120405-armee-air-marocaine-fait-son-show-marrakech-maroc-defence-f16-rafale-mirage/

Website of the ICPC, last accessed on July 20, 2014 http://www.icpc.ma/wps/portal.

Interview with Interviewee 7, French Civil Servant, November 2014

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

66.

score

Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?

Researcher + Peer Reviewer1806: No evidence of a legislation specific to the defence sector was found.

Concerning the wider national legislation, art. 168 of the Code of Public Procurement Contracts forbids fraud, corruption and conflict of interest but does not mention any sanctions for those found guilty of such deeds. Article 26 states that the candidate must make a sworn statement including among other information its dedication to avoid conflict of interest.

This lack of evidence might show that fighting collusion in the defence sector is not a priority for the Moroccan authorities.

COMMENTS -+

The March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics). http://www.fec.org.ma/Textes/Decret2-12-349FR.pdf

Ali Amar, &quoute;Maroc-Algérie : des armées budgétivores&quoute;, Slate Afrique, April 4, 2012. Last accessed on July 20, 2014 http://www.slateafrique.com/21809/maroc-algerie-armement-defence-sahara-occidental.

Fouâd Harit, &quoute;Maroc-Russie : un rapprochement militaire ?&quoute;, Afrik.com, June 12, 2014. Last accessed on July 20, 2014 http://www.afrik.com/ok-maroc-russie-un-rapprochement-militaire.

Unknown, &quoute;L'armée marocaine acquiert 70 nouveaux chars&quoute;, Ya Watani, 2008. Last accessed on July 20, 2014. http://www.yawatani.com/index.php?option=com_content&view=article&id=4707:larmee-marocaine-acquiert-70-nouveaux-chars-&catid=58:politique-marocaine&Itemid=35.

Olivier Fourt, &quoute;L’armée de l’air marocaine fait son show à Marrakech&quoute;, RFI, April 5, 2012. Last accessed on July 20, 2014. http://www.rfi.fr/afrique/20120405-armee-air-marocaine-fait-son-show-marrakech-maroc-defence-f16-rafale-mirage/

Website of the ICPC, last accessed on July 20, 2014 http://www.icpc.ma/wps/portal.

Ali Amar, &quoute;Le Maroc cherche à sanctuariser l'armée&quoute;, Slate Afrique, June 28, 2012. Last accessed on June 22, 2014. As of July 20, 2014 the article could not be found anymore http://www.slateafrique.com/88791/maroc-cherche-sanctuariser-armee-immunite-impunite-droits-homme.

Unknown, &quoute;Les dessous de la hausse du budget de la défense&quoute;, Secret Difa3, January 3, 2014. Last accessed on July 20, 2014, http://secret-difa3.blogspot.fr/2014/01/maroc-les-dessous-de-la-hausse-du.html.

Omar Radi, &quoute;Armée/transparence, que fait Benkirane ?&quoute;, Lakome, January 3, 2013. Last accessed on July 20, 2014. https://fr.lakome.info/index.php/maroc/199-armee-transparence-que-fait-benkirane.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

67.

score

Are procurement staff, in particular project and contract managers, specifically trained and empowered to ensure that defence contractors meet their obligations on reporting and delivery?

Researcher + Peer Reviewer1806: No evidence of specific training for procurement staff to ensure that defence contractors meet their obligations on reporting and delivery was found.

On the contrary, the allegations of corruption among commanders of the military (as reported by Thomas Riley) might support the fact that no specific training for procurement staff is implemented.

As explained in previous answers, and supported by Riley, the King oversees the whole procurement procedure, ranging from the elaboration of requirement strategies to the choice of the purveyor to the final payment.

As a consequence of the 1971 and 1972 coup attempts, the King is the executive head of the military and the Ministry of Defence does not exist as such as it has been replaced by a defence administration reporting to the Prime Minister that deals with minor issues (strategic decisions and management remain with the King). There is therefore no organisation of defence procurement staff into a professional staff department.

COMMENTS -+

The March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics).

Regulations on General Discipline of the Moroccan Royal Armed Forces, last accessed on July 20, 2014 http://www.icrc.org/ihl-nat/a24d1cf3344e99934125673e00508142/4786e02e6c3bb6c3c125765d004fab43/$FILE/Reglement%20de%20discipline%20generale%20des%20Forces%20armees%20royales.pdf

Thomas Riley -Ambassador of the USA to Morocco, &quoute;Cable #164775 to the State Department&quoute;, Wikileaks, August 4, 2008. Last accessed on July 20, 2014 http://internacional.elpais.com/internacional/2010/12/02/actualidad/1291244432_850215.html.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

68.

score

Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?

Researcher + Peer Reviewer1806: Articles 45, 83 and 111 of the March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics) state that a call for tenders or a competition or an architectural consultation can be cancelled if a candidate complains under certain conditions listed under article 169.

According to the interviewees, in practice, candidates prefer not to complain in order not to jeopardise their chances shall they attempt to tender again. This include both local and foreign candidates, in all fields of public life. This information could not be independently verified.

COMMENTS -+

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

69.

score

What sanctions are used to punish the corrupt activities of a supplier?

Researcher + Peer Reviewer1806: Article 138 of the March 20th 2013 Code of Public Procurement Contracts states that in the following cases:
- false sworn statement.
- false proofs.
- corruption.
- working conditions breaches.
Judicial proceedings will be undertaken and result in:
- Temporary or definitive exclusion from participation in calls to tenders (for calls to tenders made by local authorities).
- Cancellation of the call to tenders and execution of a new call to tenders paid by the culprit.

However, according to the press, these sanctions are not systematically implemented.

COMMENTS -+

The March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics). http://www.fec.org.ma/Textes/Decret2-12-349FR.pdf

Hajar Benezha, &quoute;Marchés publics, encore un tir contre la corruption&quoute;, L'Economiste 4034, May 20, 2013. Last accessed on July 20, 2014. http://www.leconomiste.com/article/906852-march-s-publicsencore-un-tir-contre-la-corruption.

Unknown, &quoute;Les marchés publics&quoute;, Au fait Maroc, January 24, 2012. Last accessed on June 15, 2014
http://www.aufaitmaroc.com/opinion/chroniques/2012/1/24/les-marches-publics.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

70.

score

When negotiating offset contracts, does the government specifically address corruption risk by imposing due diligence requirements on contractors? Does the government follow up on offset contract performance and perform audits to check performance and integrity?

Researcher + Peer Reviewer1806: Articles 171.5 (for national defence) and 13.B.l (for special prescriptions) of the March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics) mention regarding industrial offset packages that due diligence requirements on contractors are imposed when negotiating offset contracts.

However, according to the press and an interviewee, the government does not specifically address corruption risks by imposing due diligence requirements on contractors when negotiating offset contracts. Moreover, it appears to not follow up on offset contract performance and there is no evidence of audits to check performance and integrity.

COMMENTS -+

The March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics). http://www.fec.org.ma/Textes/Decret2-12-349FR.pdf

Hajar Benezha, &quoute;Marchés publics, encore un tir contre la corruption&quoute;, L'Economiste 4034, May 20, 2013. Last accessed on July 20, 2014. http://www.leconomiste.com/article/906852-march-s-publicsencore-un-tir-contre-la-corruption.

Unknown, &quoute;Les marchés publics&quoute;, Au fait Maroc, January 24, 2012. Last accessed on June 15, 2014
http://www.aufaitmaroc.com/opinion/chroniques/2012/1/24/les-marches-publics.

Interviewee 1, Moroccan Civil Society Activist and Journalist, June 19th and July 11th 2014

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

71.

score

Does the government make public the details of offset programmes, contracts, and performance?

Researcher + Peer Reviewer1806: There is no evidence of any legal provision and framework for offset contracts and programmes.

However, the King is known (through media and interviews) to be involved in such programmes but this is not officially endorsed.

Details are sometimes publicised, but not by official sources. The latest example is the order by Morocco of a high-speed train line (TGV) from France in order to compensate for an order of military planes (that were eventually ordered from the USA instead).

According to the interviewee, the government made some announcement in the media regarding offsets (press conferences, TV), but no written source for this could be found.

COMMENTS -+

Unknown, &quoute;Pourquoi le TGV marocain fait polémique&quoute;, L'Express/l'Expansion, November 29, 2011. Last accessed on July 20, 2014 http://lexpansion.lexpress.fr/entreprises/pourquoi-le-tgv-marocain-fait-polemique_1340503.html.

&quoute;Maroc-France : le TGV, histoire d'un tango diplomatique&quoute;, L'Economiste 3928, December 12, 2013. Last accessed on July 20, 2014. http://www.leconomiste.com/article/901459-maroc-francele-tgv-l-histoire-d-un-tango-diplomatique.

Ali Amar, &quoute;Le TGV marocain, un caprice royal&quoute;, Slate Afrique, May 21, 2012. Last accessed on July 20, 2014. http://www.slateafrique.com/43829/le-tgv-marocain-un-caprice-royal-france.

Interview with Interviewee 1, Moroccan Civil Society Activist and Journalist, June 19th and July 11th 2014

Skype/phone Interview with Interviewee 2, Moroccan Civil Engineer, June 14th, 16th and 17th 2014

Skype/phone Interview with Interviewee 3, Civil Society Activist, June 9th and 25th 2014

Interview with Interviewee 6, Academic, Paris, June 20th 2014

The March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics). http://www.fec.org.ma/Textes/Decret2-12-349FR.pdf

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

72.

score

Are offset contracts subject to the same level of competition regulation as the main contract?

Researcher + Peer Reviewer1806: Offset contracts and programmes are not mentioned in the March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics). This code provides a legal framework for all public procurement contracts.

However, given the context in which offset contracts may be conducted (see the example of the high-speed train contract between Morocco and France) it is likely that offset contracts are not subject to any level of competition or perhaps are even not competed (source: interview).

COMMENTS -+

Unknown, &quoute;Pourquoi le TGV marocain fait polémique&quoute;, L'Express/l'Expansion, November 29, 2011. Last accessed on July 20, 2014 http://lexpansion.lexpress.fr/entreprises/pourquoi-le-tgv-marocain-fait-polemique_1340503.html.

&quoute;Maroc-France : le TGV, histoire d'un tango diplomatique&quoute;, L'Economiste 3928, December 12, 2013. Last accessed on July 20, 2014. http://www.leconomiste.com/article/901459-maroc-francele-tgv-l-histoire-d-un-tango-diplomatique.

Ali Amar, &quoute;Le TGV marocain, un caprice royal&quoute;, Slate Afrique, May 21, 2012. Last accessed on July 20, 2014. http://www.slateafrique.com/43829/le-tgv-marocain-un-caprice-royal-france.

Interview with Interviewee 1, Moroccan Civil Society Activist and Journalist, June 19th and July 11th 2014

Skype/phone Interview with Interviewee 2, Moroccan Civil Engineer, June 14th, 16th and 17th 2014

Skype/phone Interview with Interviewee 3, Civil Society Activist, June 9th and 25th 2014

Interview with Interviewee 6, Academic, Paris, June 20th 2014

March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics) http://www.fec.org.ma/Textes/Decret2-12-349FR.pdf

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

73.

score

How strongly does the government control the company's use of agents and intermediaries in the procurement cycle?

Researcher + Peer Reviewer1806: The March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics) provides a legal framework for the use of agents and intermediaries.

More particularly, Article 158 allows subcontracting under a certain number of conditions. There is however no legal link between the relevant public administration and the subcontractor, and the successful candidate remains legally responsible for the subcontractor.

Article 158: Subcontracting
Subcontracting is a written contract in which the tenure holder entrusts the implementation of a part of his procurement to a third person.
The tenure holder is free to choose his subcontractors under the condition that he informs the contracting authority about the type of services he wants to subcontract, the identity and the address of the subcontractors as well as a certified copy of the aforementioned contract.
However, the contracting authority can specify that the tenure holder must subcontract with Moroccan companies (especially small ones).
Subcontractors must fill the conditions required for contestants in article 24.
The contracting authority can reject the subcontractors within 15 days if they do not qualify for the conditions stated in article 24.
The tenure holder is held personally responsible of all obligations towards the contracting authority, workers and third parties.
The contracting authority does not have any legal link with the tenure holder's subcontractors.
Subcontracting cannot account for more than 50% of the contract or concern the main activity of the contract.
The special prescription book must specify what activities are the main activity as well as the services that cannot be subcontracted.

The media and interviewees confirm the restrictions on the use of agents and intermediaries.

COMMENTS -+

The March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics). Last accessed on July 20, 2014 http://www.fec.org.ma/Textes/Decret2-12-349FR.pdf.

Hajar Benezha, &quoute;Marchés publics, encore un tir contre la corruption&quoute;, L'Economiste 4034, May 20, 2013. Last accessed on July 20, 2014. http://www.leconomiste.com/article/906852-march-s-publicsencore-un-tir-contre-la-corruption.

Unknown, &quoute;Les marchés publics&quoute;, Au fait Maroc, January 24, 2012. Last accessed on June 15, 2014
http://www.aufaitmaroc.com/opinion/chroniques/2012/1/24/les-marches-publics.

Skype/phone Interview with Interviewee 2, Moroccan Civil Engineer, June 14th, 16th and 17th 2014

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

74.

score

Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?

Researcher + Peer Reviewer1806: The principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) are not made publicly available prior to the signing of contracts (source: interview).

Some information is published in the press but this is often obtained through parallel information channels, from the foreign press, or after the deal has been signed (source: interview).

Thomas Riley indicates that details are known beforehand though between the concerned parties.

The lack of evidence for the publication of such details might indicate at best an absence of concern about the citizens' right to know about their country's military procurement policy and at worse a lack of transparency which in itself could imply corruption risks.

COMMENTS -+

Thomas Riley -Ambassador of the USA to Morocco, &quoute;Cable #164775 to the State Department&quoute;, Wikileaks, August 4, 2008. Last accessed on July 20, 2014 http://internacional.elpais.com/internacional/2010/12/02/actualidad/1291244432_850215.html.

Budget law for year 2014. Last accessed on July 20, 2014, http://www.finances.gov.ma/fr/Pages/plf2014.aspx?m=Loi%20de%20finances%20et%20Budget.

March 20th 2013 Code of Public Procurement Contracts (Décret n° 2-12-349 du 8 joumada Ier 1434 (20 mars 2013) relatif aux marchés publics)

Interview with Interviewee 1, Moroccan Civil Society Activist and Journalist, June 19th and July 11th 2014

Skype/phone Interview with Interviewee 4, Senior Journalist, June 15th 2014

Unknown, &quoute;Un contrat d’armement de 12 milliards de dollars entre le Maroc et les Etats-Unis&quoute;, Maghreb Emergent, August 26, 2013. Last accessed on July 20, 2014 http://www.maghrebemergent.com/component/k2/item/28590-un-contrat-d-armement-de-12-milliards-de-dollars-entre-le-maroc-et-les-etats-unis.html.

Mohammed Jaabouk, &quoute;Armement : Rabat signe un nouveau contrat de 12 millions de dollars avec Washington&quoute;, Ya Biladi, August 26, 2008. Last accessed on July 20, 2014 - http://www.yabiladi.com/articles/details/19176/armement-rabat-signe-nouveau-contrat.html.

Michel Cabirol, &quoute;Armement : la France a vendu deux satellites espions au Maroc en 2013&quoute;, La Tribune, February 3, 2014. Last accessed on July 20, 2014. - http://www.latribune.fr/entreprises-finance/industrie/aeronautique-defence/20140203trib000813365/armement-la-france-a-vendu-deux-satellites-espions-au-maroc-en-2013.html.

Fouâd Harit, &quoute;Maroc-Russie : un rapprochement militaire ?&quoute;, Afrik.com, June 12, 2014. Last accessed on July 20, 2014 http://www.afrik.com/ok-maroc-russie-un-rapprochement-militaire.

Unknown, &quoute;L'armée marocaine acquiert 70 nouveaux chars&quoute;, Ya Watani, 2008. Last accessed on July 20, 2014. http://www.yawatani.com/index.php?option=com_content&view=article&id=4707:larmee-marocaine-acquiert-70-nouveaux-chars-&catid=58:politique-marocaine&Itemid=35.

Olivier Fourt, &quoute;L’armée de l’air marocaine fait son show à Marrakech&quoute;, RFI, April 5, 2012. Last accessed on July 20, 2014. http://www.rfi.fr/afrique/20120405-armee-air-marocaine-fait-son-show-marrakech-maroc-defence-f16-rafale-mirage/

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

75.

score

Does the government formally require that the main contractor ensures subsidiaries and sub-contractors adopt anti-corruption programmes, and is there evidence that this is enforced?

COMMENTS -+

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

76.

score

How common is it for defence acquisition decisions to be based on political influence by selling nations?

Researcher + Peer Reviewer1806: Evidence suggests that it is very common for defence decisions to be driven by political influence by seller nations. The history of arms contracts between Morocco and France suggest that defence decisions might even be driven by personal influence of the leaders of selling nations. Since President Jacques Chirac (a close personal friend of King Mohammed VI) stepped down from power, some contracts agreed with the two countries (such as the purchase of Rafale military planes) were not honoured by Morocco.

Press articles quoted above and Thomas Riley's cable to the US State Department confirm that development aid to Morocco is often conditioned on the purchase by the former of military equipment from the USA or France.

As explained in previous answers, the King is the final decision-maker for defence acquisitions and is not accountable for these decisions. He is therefore unlikely to justify military procurement by referring to military need, and may not justify defence and security expenditure at all.

COMMENTS -+

Fouâd Harit, &quoute;Maroc-Russie : un rapprochement militaire ?&quoute;, Afrik.com, June 12, 2014. Last accessed on July 20, 2014 http://www.afrik.com/ok-maroc-russie-un-rapprochement-militaire.

Unknown, &quoute;L'armée marocaine acquiert 70 nouveaux chars&quoute;, Ya Watani, 2008. Last accessed on July 20, 2014. http://www.yawatani.com/index.php?option=com_content&view=article&id=4707:larmee-marocaine-acquiert-70-nouveaux-chars-&catid=58:politique-marocaine&Itemid=35.

Olivier Fourt, &quoute;L’armée de l’air marocaine fait son show à Marrakech&quoute;, RFI, April 5, 2012. Last accessed on July 20, 2014. http://www.rfi.fr/afrique/20120405-armee-air-marocaine-fait-son-show-marrakech-maroc-defence-f16-rafale-mirage/.

Unknown, &quoute;Un contrat d’armement de 12 milliards de dollars entre le Maroc et les Etats-Unis&quoute;, Maghreb Emergent, August 26, 2013. Last accessed on July 20, 2014 http://www.maghrebemergent.com/component/k2/item/28590-un-contrat-d-armement-de-12-milliards-de-dollars-entre-le-maroc-et-les-etats-unis.html.

Mohammed Jaabouk, &quoute;Armement : Rabat signe un nouveau contrat de 12 millions de dollars avec Washington&quoute;, Ya Biladi, August 26, 2008. Last accessed on July 20, 2014 - http://www.yabiladi.com/articles/details/19176/armement-rabat-signe-nouveau-contrat.html.

Michel Cabirol, &quoute;Armement : la France a vendu deux satellites espions au Maroc en 2013&quoute;, La Tribune, February 3, 2014. Last accessed on July 20, 2014. - http://www.latribune.fr/entreprises-finance/industrie/aeronautique-defence/20140203trib000813365/armement-la-france-a-vendu-deux-satellites-espions-au-maroc-en-2013.html.

Thomas Riley -Ambassador of the USA to Morocco, &quoute;Cable #164775 to the State Department&quoute;, Wikileaks, August 4, 2008. Last accessed on July 20, 2014 http://internacional.elpais.com/internacional/2010/12/02/actualidad/1291244432_850215.html.

Unknown, &quoute;Pourquoi le TGV marocain fait polémique&quoute;, L'Express/l'Expansion, November 29, 2011. Last accessed on July 20, 2014 http://lexpansion.lexpress.fr/entreprises/pourquoi-le-tgv-marocain-fait-polemique_1340503.html.

&quoute;Maroc-France : le TGV, histoire d'un tango diplomatique&quoute;, L'Economiste 3928, December 12, 2013. Last accessed on July 20, 2014. http://www.leconomiste.com/article/901459-maroc-francele-tgv-l-histoire-d-un-tango-diplomatique.

Ali Amar, &quoute;Le TGV marocain, un caprice royal&quoute;, Slate Afrique, May 21, 2012. Last accessed on July 20, 2014. http://www.slateafrique.com/43829/le-tgv-marocain-un-caprice-royal-france.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+