Foreign Exchange Rules Morocco | Payments, Repatriation & FX Compliance

By Zakaria Korte, Korte Law in association with Amereller

Morocco offers a stable, steadily liberalizing foreign exchange (FX) framework that enables foreign investors to fund operations, repatriate profits, and manage cross-border treasury flows with predictability—provided that formalities are handled carefully. This article provides a practitioner-focused overview for foreign investors and multinational groups operating in Morocco, with concrete guidance on registration requirements, dividend repatriation, intercompany loans, and payments of royalties and service fees abroad.

The Backbone of Morocco's FX Regime: Office des Changes and Authorized Banks

Morocco's FX regime is administered by the Office des Changes, which issues binding rules and instructions that govern how foreign currency can be brought into and out of the country. Day-to-day execution runs through "authorized banks," which are licensed commercial banks empowered to process FX transactions, check supporting documentation, and apply the Office des Changes' instructions in real time.

For foreign investors, the central organizing concept is investment registration. Inflows that qualify as foreign investment and are properly registered benefit from Morocco's transferability guarantee—allowing reinvestment, dividend/interest payments, and repatriation of proceeds on sale or liquidation in convertible currency.

Foreign Investment Registration: Why It Matters

Registration is a threshold issue. It is the basis on which profits and capital can be transferred out in foreign currency later. Without it, outflows become difficult and may be blocked.

Investor and treasury teams should ensure:

Evidence of foreign currency origin. Bank advices and SWIFT messages should clearly show inflow from abroad in convertible currency.
Clear purpose and allocation. Subscription agreements, board/shareholder resolutions, and share registers should tie the inflow to the equity or loan it funds.
Bank-level registration. Complete the investment registration formalities at the time the funds are injected—not months later.
Ongoing recordkeeping. Maintain an up-to-date investment file: bank confirmations, corporate approvals, share certificates, and any amendments.

When acquiring or restructuring a Moroccan company, verify that legacy foreign investments were correctly registered and that the registration trail remains intact post-closing.

Repatriation of Dividends: Rules, Timing, and Documentation

Dividends from Moroccan companies to non-resident shareholders are generally transferable in foreign currency through authorized banks when the underlying foreign investment is duly registered.

Treasury teams should sequence the following:

Corporate approvals. Shareholders' meeting or board approval of the dividend with certified minutes.
Availability of distributable profits. Statutory accounts and reserves must allow the proposed distribution.
Tax compliance. Dividends to non-residents are subject to Moroccan withholding tax unless reduced by treaty. Banks require withholding tax computation and proof of payment.
Investment registration evidence. The bank needs the file linking holdings to original foreign currency inflows.
Bank forms and FX instruction. Standard FX transfer form with beneficiary details, currency, and value date.

Many groups schedule distributions shortly after the annual meeting approving accounts to align with documentation availability.

Intercompany Loan Funding: Tenor, Pricing, and Thin Capitalization

Tenor and purpose

Authorized forms of foreign loans typically distinguish between short-term liquidity lines for working capital and medium- to long-term loans for capex or permanent financing. Banks expect the loan agreement, disbursement schedule, and purpose of funds. Foreign loans must be reported to or registered through the authorized bank.

Pricing

Intercompany loans should be priced at arm's length, referencing market benchmarks appropriate for the currency and tenor. Maintain a contemporaneous pricing file covering:

Selection of benchmark rate and credit spread.
Borrower's credit profile and group policy.
Currency, tenor, repayment profile, and covenants.
Alternatives considered.

Thin capitalization and interest limitation

Morocco's corporate tax rules include limits on interest deductibility for related-party debt. In-house tax and treasury should:

Model deductibility under current thin-cap and earnings-stripping parameters before finalizing loan size.
Assess whether interest or guarantee fees push the effective burden above deductible limits.
Consider equity injections where thin-cap pressure is acute.
Keep documentation supporting business purpose and debt capacity.

Repayments

With a registered foreign loan, authorized banks can process interest and principal repayments in foreign currency against the loan agreement, amortization schedule, and tax proofs.

Paying Royalties, Management Fees, and Technical Services Abroad

Moroccan subsidiaries frequently pay group service charges and IP-related fees to offshore affiliates. The rules permit cross-border payments when they reflect genuine services, are priced at arm's length, and are supported by documentation.

Your authorized bank will request:

Underlying agreement. Executed service, license, or technical assistance agreements.
Invoices and evidence of performance. Detailed invoices, time records, work product samples.
Transfer pricing support. Services/royalty pricing file demonstrating benefits to the Moroccan entity.
Tax compliance. Proof of withholding tax payment or treaty documentation.

Recurring service or royalty flows are often set on a quarterly cadence to simplify documentation and FX execution.

Current Account vs. Capital Account: What Is Liberalized?

Current account. Payments for imports of goods and services, freight, insurance, travel, and many professional services are broadly liberalized. Income flows such as dividends, interest, and royalties are also executable when linked to registered investments and compliant with tax requirements.

Capital account. Inflows related to foreign investment and loans are permitted and benefit from the transferability guarantee when properly registered. Outflows related to capital repatriation are also executable provided original inflows were registered. Certain capital movements remain subject to limits or prior authorization.

For multinational groups, routine operational payments are generally bank-executable with the right paperwork, while corporate finance and structural transactions should be scoped early with your bank.

Recent Reforms and the Steady Liberalization Trend

Key themes in recent updates include:

Streamlining investor procedures. Banks have expanded capacity to register investments and process outflows without case-by-case approvals.
Greater clarity on services and digital economy items. Clearer documentation requirements for IT, cloud, and technical services.
Incremental increases in operational thresholds. Ceilings for certain current account items have been periodically adjusted.
Digitalization. Gradual digitization of documentation flows and attestations, reducing turnaround times.

The overarching trend is gradual liberalization aligned with macro-prudential stability.

Practical Compliance Tips for Treasury Teams

Documentation the bank will ask for

Corporate approvals. Board/shareholder resolutions for dividends, loans, or material contracts.
Contracts and invoices. Executed agreements with clear scope and pricing.
Investment registration file. Bank confirmations of original foreign currency inflows.
Tax proofs. Withholding tax computations and payment receipts.
Transfer pricing support. Benchmarking studies, benefit tests, allocation keys.
Bank forms. Standard FX order forms and declarations.

Governance and controls

Centralize foreign investment records. Maintain a live register of each entity's foreign equity and loan inflows.
Pre-clear complex flows. Align early with your authorized bank's FX desk for unusual payments.
Calibrate service and royalty streams. Ensure scopes are specific to Moroccan benefits.
Monitor thin-cap and interest limits. Run annual debt capacity checks.
Align tax and FX calendars. Time dividend approvals and bank submissions to avoid bottlenecks.

What "good" looks like

Standardized playbooks. Internal playbook listing payment categories, required documents, and approval thresholds.
Document readiness. Secure shared folder with "bank-ready" packs for each payment type.
FX calendar discipline. Quarterly cadence for recurring payments with appropriate cut-offs.
Single point of contact. Designated treasury lead per bank who understands Morocco's FX documentation culture.

Conclusion

Morocco's foreign exchange framework provides foreign investors with a workable, increasingly liberal environment to fund operations and repatriate value—so long as you respect its documentation-first DNA. Success hinges on timely investment registration, disciplined records, and close coordination with authorized banks. When those basics are in place, dividend transfers, loan repayments, and payments for royalties and services become routine rather than exceptional.

For expert guidance, contact Korte Law.

Foreign Exchange Rules in Morocco: Payments and Repatriation