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2008 Assessment

Morocco: Integrity Indicators Scorecard

Morocco : Integrity Scorecard Report > Sub-Category: Privatization
Indicators   Score
53 Is the privatization process effective? 42
54 Can citizens access the terms and conditions of privatization bids? 85

Indicator and sub-Indicator Details

53 Is the privatization process effective?
 
  53a: In law, all businesses are eligible to compete for privatized state assets.
 
Score: YES  NO score
  Comments: First, it must be remembered that under Article 45 of the constitution, the transfer of public enterprises to the private sector falls within the legislature.

The law has identified three modes of transfer and no business list to exclude has been arrested. These modes are: 1) the tender used for the transfer of part or all of the shares or an enterprise, 2) The direct award used after unsuccessful tender, for the right of first refusal between shareholders, for reasons of regional development or job retention, and 3) The financial market used for an initial public offering in Casablanca Securities by a public offering at a fixed price.

The objectives on how to transfer assets to buinesses is listed in Article 5 paragraph 2. It says the objectives are 1) access of new social categories to the ownership of companies and fight against the hoarding; 2) development and strengthening of regional economies; and 3) safeguarding employment.

References: Law No. 39-89, promulgated by Dahir No. 1-90-01 of 15 Ramadan 1410 (11 April 1990), authorizing the transfer of public enterprises to the private sector as amended and supplemented.

Decrees of the Law No. 39-89 authorizing the transfer of public enterprises to the private sector as amended and supplemented.

Law No. 31-04, promulgated by Dahir No. 1-04-220 of 21 Ramadan 1425 (4 November 2004).

  53b: In law, there are regulations addressing conflicts of interest for government officials involved in privatization.
 
Score: YES  NO score
  Comments: There are no such formal regulations.

References: Law No. 39-89, promulgated by Dahir No. 1-90-01 of 15 Ramadan 1410 (11 April 1990), authorizing the transfer of public enterprises to the private sector as amended and supplemented.

Decrees of the Law No. 39-89 authorizing the transfer of public enterprises to the private sector as amended and supplemented.

Law No. 31-04, promulgated by Dahir No. 1-04-220 of 21 Ramadan 1425 (4 November 2004).

  53c: In practice, conflicts of interest regulations for government officials involved in privatization are enforced.
 
Score: 100  75  50  25  0  score
  Comments: Several protests and criticisms about the lack of transparency in privatization operations have been expressed by journalists, observers and businessmen. Parliamentarians have even tried to establish a commission of inquiry but failed to gather a quorum.

The privatization of the public SAMIR oil refinery and its transfer to Saudi business CORAL raised much criticism. After the transaction, the minister of privatization in charge of the transfer became the company's CEO.

This lead businessman Miloud CHAABI to say in a press interview, "This is a person who has privatized a public institution and, curiously, would find himself at the head of this institution...Indeed, there is a precedent in this area. Abderrahmane Saidi had he not transferred even without taking the trouble to launch a tender of Casablanca Hayatt Regency Hotel against 70 million Moroccan dirhams (US$8.3 million) a price below its value?"

SAMIR oil was sold for a price equivalent to US$400 million, while its real price is worth $1 billion dollars.

References: Miloud Chaâbi exhumes his conflict with Abderrahmane Saidi: On behalf of the truth, In Maroc Hebdo International - No. 471 - June 29 to July 5 2001

54 Can citizens access the terms and conditions of privatization bids?
 
  54a: In law, citizens can access privatization regulations.
 
Score: YES  NO score
  Comments: The decrees of application talk about communication to the public. The ministry has a website and issues press releases.

The last privatization sale of a stake in Maroc Telecom was preceded by a broad information campaign. It allowed the participation of employees and a large number of people.

References: Law No. 39-89, promulgated by Dahir No. 1-90-01 of 15 Ramadan 1410 (11 April 1990), authorizing the transfer of public enterprises to the private sector as amended and supplemented.

Decrees of the Law No. 39-89 authorizing the transfer of public enterprises to the private sector as amended and supplemented.

Law No. 31-04, promulgated by Dahir No. 1-04-220 of 21 Ramadan 1425 (4 November 2004).

  54b: In practice, privatizations are effectively advertised.
 
Score: 100  75  50  25  0  score
  Comments: The ministry has a website and issues press releases.

The last privatization sale of a stake in Maroc Telecom was preceded by a broad information campaign. It allowed the participation of employees and a large number of people.

References: [ LINK ]

  54c: In law, the government is required to publicly announce the results of privatization decisions.
 
Score: YES  NO score
  Comments: Afterwards, the results are announced.

References: Law No. 39-89, promulgated by Dahir No. 1-90-01 of 15 Ramadan 1410 (11 April 1990), authorizing the transfer of public enterprises to the private sector as amended and supplemented.

Decrees of the Law No. 39-89 authorizing the transfer of public enterprises to the private sector as amended and supplemented.

Law No. 31-04, promulgated by Dahir No. 1-04-220 of 21 Ramadan 1425 (4 November 2004).

  54d: In practice, citizens can access privatization regulations within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments: The last privatization sale of a stake in Maroc Telecom was preceded by a broad information campaign. It allowed the participation of employees and a large number of people.

References: The ministry has a website and issues press releases. [ LINK ]

  54e: In practice, citizens can access privatization regulations at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments: The last privatization sale of a stake in Maroc Telecom was preceded by a broad information campaign. It allowed the participation of employees and a large number of people.

References: [ LINK ] =33.13958299 & _dad = portal & _schema = PORTAL

The ministry has a website launches and issues releases.

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