Public Sector and Donor-Funded Work

Korte Law advises development agencies, international organisations, embassies and the companies that work with them in Morocco. We help them contract with Moroccan public bodies, run donor-funded programmes under the right procurement rules, work with local partners, and employ local staff correctly.

What We Cover

  • Contracts with Moroccan ministries, local authorities and public establishments under the public procurement decree
  • Donor-funded contracts: when the procurement rules of an international agreement apply instead of the Moroccan decree, and how to document that
  • Tender files, bids and contract review for contractors and consultants on donor-funded projects
  • Grant, implementation and partnership agreements with Moroccan associations, cooperatives and companies
  • Setting up a local presence: project office, branch, company or association, and its registrations
  • Local employment: contracts for local staff, consultants and drivers, CNSS registration, terminations, and contracting licensed guarding companies
  • Personal data of staff, beneficiaries and suppliers: CNDP declarations and transfers abroad
  • Public-private partnerships and infrastructure contracts

The Legal Framework

Public purchasing is governed by Decree 2-22-431 of 8 March 2023 on public procurement, which replaced Decree 2-12-349 of 2013 and covers the State, local authorities and public establishments. The decree allows a derogation for contracts awarded under agreements that Morocco has concluded with international organisations or foreign states, where the agreement expressly provides for particular procurement procedures. Public-private partnerships fall under a separate regime: Law 86-12, as amended by Law 46-18 of 2020.

Associations are governed by the Dahir of 15 November 1958 on the right of association, as amended. An association that receives funding from abroad must declare the amount and its origin to the Secretariat General of the Government within 30 days (Article 32 bis). Personal data is protected by Law 09-08, which applies to any organisation established in Morocco or using processing means there, and normally requires a prior declaration to the CNDP.

Whether Moroccan labour and social security law applies to locally recruited staff of an embassy or an international organisation depends on its status and its agreement with Morocco. We check that first, before any contract is drafted.

How We Work

We work in English and French, to the timetable and reporting format of the programme. We know how a Moroccan public body reads a contract and how a donor's compliance team reads it, and we draft so that both can sign. For ongoing programmes we act as local counsel on call: contracts, staff questions and partner agreements, under one engagement.

Related Guides

A closing word on method. Work of this kind is carried out by lawyers on the ground in Morocco, because the outcome depends on local procedure and local practice as much as on the text of the law. That is the part an adviser outside the country cannot supply.

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