Mining Law in Morocco: Licences, the 2024–2026 Reform and ESG for Foreign Investors
Morocco ranks as the second most attractive African mining investment destination (Fraser Institute 2025) and holds globally significant reserves of phosphate, cobalt, manganese, and rare earths. With a reform bill (Draft Law No. 72-24) expected to reach Parliament for a final vote in 2026, the regulatory landscape is evolving. This article surveys the current mining code, the types of mining title, the pending reform, foreign-investor structuring, and the emerging ESG framework—providing a practical reference for mining companies, investors, and off-takers, including German industrials sourcing critical and battery minerals.
1. The Legal Framework
Law No. 33-13 of 2015 and Its Implementing Decree
Morocco’s mineral sector is governed by Mining Law No. 33-13 dated 1 July 2015, which repealed the colonial-era 1951 Mining Regulations. The law was implemented by Decree-Law No. 2-15-807 dated 20 April 2016. Together, these instruments establish the framework for the granting, renewal, transfer, and revocation of mining titles across all mineral substances—with the notable exception of phosphates.
The Phosphate Special Regime (OCP)
The exploration and exploitation of phosphates remain a monopoly of the Moroccan State, carried out exclusively by the Office Chérifien des Phosphates (OCP), the world’s leading phosphate exporter. This special regime is distinct from the general mining code, which otherwise covers cobalt, manganese, rare earths, copper, gold, silver, and other mineral substances (excluding construction materials such as sand, which are governed by separate quarry legislation).
Institutional Roles
The Ministry of Energy Transition and Sustainable Development (Ministry of Mines) exercises regulatory oversight over the sector. ONHYM (Office National des Hydrocarbures et des Mines) plays a complementary role in exploratory geological studies and in the development and exploitation of mining resources. Only around 36% of Morocco’s territory has been geologically mapped, underscoring the government’s rationale for modernizing the data and cadastre systems.
Who Can Hold a Mining Title
Under Law No. 33-13, mining titles may only be granted to legal entities. There is no nationality restriction on the holder of an exploration or research permit. However, a mining (exploitation) licence may only be granted to a company incorporated under Moroccan law—though neither shareholders nor directors need be Moroccan nationals or residents.
2. Types of Mining Title
Research/Exploration Permit (Permis de Recherche)
A research permit (permis de recherche) is granted for a square perimeter of 4 km × 4 km (16 km²). It is valid for an initial period of three years, renewable once for four years. The permit entitles its holder to undertake geological surveys and exploration activities within the designated area.
Mining/Exploitation Licence (Permis d’Exploitation)
A mining licence (permis d’exploitation) derives from a prior research permit and may not exceed the surface area of that research permit; it cannot be less than 1 km². It is granted for ten years, renewable for successive ten-year periods until reserves are exhausted. Upon the grant of a mining licence, the research permit is revoked only to the extent of the area covered by the licence; a new research permit is issued for the remaining uncovered area.
The Mining Cadastre
A mining cadastre system tracks all permits and licences, their geographic boundaries, duration, renewal status, and transfers. The pending reform (see below) envisions a fully digital cadastre enabling real-time tracking of concessions and licences.
3. The 2024–2026 Reform: Draft Law No. 72-24
Status of the Bill
Draft Law No. 72-24, proposing to amend and supplement Law No. 33-13 of 2015, was introduced in 2024. As of mid-2026, the bill is under legislative review and is expected to be submitted to Parliament for a final vote during the course of 2026. It has not yet been enacted. Public consultations were launched, with stakeholder feedback accepted until 15 February 2025.
Key Features of the Reform
The principal reforms contemplated by the bill include:
- Conditions for a second renewal of research permits, extending the current single-renewal limit.
- Environmental responsibility and post-exploitation rehabilitation plans.
- Regulation of subcontracting in mining activities.
- Restrictions on transfer and leasing of exploitation permits.
- A digital mining cadastre enabling real-time tracking of licences and concessions.
- Prioritization of local employment, worker training, and introduction of a professional mining card.
- Strengthened ESG obligations aligned with international standards.
Important Caveat: Implementing Regulations Pending
Several key aspects of the reform—including the conditions for the second renewal of research permits, the modalities of environmental responsibility plans, the scope of subcontracting regulations, and the operational details of the digital cadastre—are expressly deferred to future implementing regulations (textes réglementaires), the content and timing of which remain uncertain. Practitioners and investors should monitor the parliamentary timeline closely and refrain from relying on unenacted provisions for transactional planning.
4. Foreign Investors
The Moroccan-Entity Requirement
While exploration permits carry no nationality restriction, a mining (exploitation) licence requires the holder to be a company incorporated under Moroccan law. In practice, foreign investors typically incorporate a Moroccan SARL (société à responsabilité limitée) or SA (société anonyme). Capital requirements under Moroccan corporate law are modest, and neither shareholders nor directors need be Moroccan residents.
Joint Ventures and Partnership Structures
Foreign investors frequently structure their participation through joint ventures or partnership agreements with existing Moroccan title holders. These arrangements typically provide for shared exploration costs, staged earn-in rights, and defined governance frameworks. The JV vehicle itself may hold the mining licence, with the foreign party contributing capital and technical expertise.
The Investment Charter and Free-Zone Interaction
Morocco’s Investment Charter (Charte de l’Investissement) and free-zone regimes offer general investment incentives—including tax benefits and streamlined incorporation—that interact with mining project structuring, financing, and tax planning alongside the sector-specific mining code.
Foreign Exchange and Repatriation
Foreign investors making investments in foreign currency benefit from a convertibility regime under the Instruction Générale de l’Office des Changes, guaranteeing the freedom to repatriate investment proceeds (dividends, capital gains, and liquidation proceeds), subject to notification obligations to the Office des Changes.
Off-Take and Streaming Contract Considerations
Off-take agreements and streaming contracts are common financing mechanisms in Moroccan mining projects, particularly for cobalt, manganese, and rare-earth supply chains. These contracts must be structured in compliance with Moroccan export regulations and foreign-exchange rules. Off-takers—especially German industrial buyers—should ensure contract terms align with the convertibility regime and that export documentation requirements are met.
5. ESG and Financing
Rehabilitation Obligations
Draft Law No. 72-24 introduces mandatory environmental responsibility plans and post-exploitation site rehabilitation obligations. Title holders will be required to present and fund rehabilitation plans as a condition of maintaining their exploitation licence. These provisions, once enacted and operationalized through implementing regulations, will impose enforceable closure and remediation duties.
Community and Social Requirements
The reform bill prioritizes local employment and worker training, introduces a professional mining card, and mandates the use of locally manufactured products and national laboratories for mineral analysis. Permits and concessions may not impair the customary rights (droits coutumiers) of local persons to extract certain substances.
The Marrakech Declaration and Green Financing
The Marrakech Declaration (adopted at ICM Morocco 2025) constitutes the first ESG framework designed specifically for African mining. Built on the OTC Corridor (Origination, Transit, Certification) launched in 2024 for mineral traceability and certification, it reinforces Morocco’s credibility as a responsible mining jurisdiction and aligns the domestic reform agenda with international investor expectations. These developments are intended to facilitate access to green and critical-minerals financing—a consideration of particular relevance for battery-mineral supply chains feeding European and German industrial demand.
6. Practitioner Insights
Based on our experience advising mining companies, investors, and off-takers in Morocco, the following practical considerations merit attention:
- Title due diligence. Verify the current status of all permits and licences against the mining cadastre. Confirm renewal dates, area coverage, and whether the title derives from a valid research permit chain. Expired or lapsed titles are not uncommon.
- Moroccan-entity structuring. Decide on the appropriate Moroccan corporate vehicle (SARL or SA) and its governance structure before acquiring or applying for a mining title. The choice affects liability, taxation, and the foreign-exchange convertibility regime.
- Environmental liabilities in M&A. In acquisitions of existing title holders, assess potential rehabilitation liabilities. The reform’s new obligations will attach to current title holders, and successor liability should be addressed contractually.
- Off-take/export alignment. Off-take contracts should be aligned with Moroccan export rules and Office des Changes notification requirements to ensure seamless repatriation of proceeds.
- Monitor the 72-24 timeline. The reform bill is not yet law. Key operational details await implementing regulations. Transactions structured on the assumption that the reform is in force risk being premature.
7. Frequently Asked Questions
Can a foreign company directly hold a mining exploitation licence in Morocco?
No. An exploitation licence may only be granted to a company incorporated under Moroccan law. However, there is no restriction on foreign ownership of that Moroccan entity, and neither shareholders nor directors need be Moroccan nationals or residents.
What is the maximum duration of a mining exploitation licence?
A mining licence is granted for ten years and is renewable for successive ten-year periods until the mineral reserves are exhausted. There is no statutory maximum cumulative term.
Is Draft Law No. 72-24 already in force?
No. As of mid-2026, the bill remains under legislative review and is expected to be submitted to Parliament for a final vote during the course of 2026. It has not yet been enacted, and key provisions are deferred to future implementing regulations not yet published.
Can foreign investors freely repatriate mining proceeds from Morocco?
Yes, provided the initial investment was made in convertible foreign currency and duly notified to the Office des Changes. The convertibility regime guarantees the freedom to repatriate dividends, capital gains, and liquidation proceeds.
How We Can Assist
References
1. Bird & Bird (Two Birds), “Mining in Morocco: An Overview of the Mining Regulatory Framework and Ongoing Reforms” (2026).
2. Ashurst, “The Marrakech Declaration: Toward an African ESG Framework for Mining.”
3. Barlaman Today, “Morocco Overhauls Mining Code to Boost Investment, Sovereignty” (4 February 2025).
4. Lexology, “The upcoming reform of the Moroccan Mining Code.”
5. ONHYM (Office National des Hydrocarbures et des Mines), official mining page.
6. Ecofin Agency, “Morocco Works on New Mining Code, Aiming to Attract Investments.”
7. Norton Rose Fulbright, “Morocco mining guide.”
8. Mayer Brown, “Morocco: Africa mining finance know-how, Overview of legal system.”
9. Lexology, “Mining in Morocco: a legal snapshot.”
10. Serus Legal, “Mining Snapshot – Morocco.”
11. Yabiladi, “Morocco unveils mining reform and digital permit system.”
12. Fraser Institute, Annual Survey of Mining Companies (2025).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The legislative status of Draft Law No. 72-24 should be independently verified before reliance.