It is the policy of the High Authority for Audiovisual Communication of Morocco to require radio and television service companies to prioritise staff, including directors, of Moroccan nationality. Morocco's commitment under the OECD National Treatment instrument is slightly more strict, stipulating that at least one member of the board of directors of radio and television service companies must be of Moroccan nationality. For the purpose of the OECD FDI RR Index, the commiment under the OECD instrument has been retained as the most common practice.
"Clause 8
Audiovisual communication operators must: [...]
· promote Moroccan artistic creation and encourage local production; [...]
· give preference to national audiovisual production in the composition of their program offer;
make maximum use of Moroccan resources for the creation of audiovisual works and the presentation of their programming, unless such a practice proves difficult to achieve due to the nature of the service, in particular its specialized content or format or the the use made therein of other languages;
[...]
Chapter II: License
Section 18
To be a candidate for a license, the applicant must meet the following conditions:
· be a public limited company under Moroccan law, whose shares representing the capital must be registered;
[...]
Section 26
The specifications must specify in particular:
1. The purpose of the license, its duration as well as the terms and conditions for its modification and renewal;
2. The name of the beneficiary, its legal form, the composition of its share capital, the identity of the directors and shareholders holding more than 5% of the capital, any shareholders' pacts, the origin of the financial resources ( equity, pricing of services to subscribers, advertising, sponsorship, etc., forecasts of their amount for a period at least equal to the duration of the license;
3. The contractor's commitments, in particular with regard to: [...]
the priority use of Moroccan human resources;[...]" (Dahir n°1-04-257 of 25 kaâda 1425 (January 7, 2005) promulgating law n° 77-03 relating to audiovisual communication [google translate])
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"Article 3: Presentation of the operator and the legal requirements governing it [...]
The operator undertakes, on a permanent basis, to give priority to human resources, including managers, of Moroccan nationality. [...]" (HACA (2018), Specifications: The television service "TELE DECOUVERTE" Edited by SOCIETE HIT RADIO S.A., July 26 [google translation]
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"MOROCCO
1. Measures reported for transparency at the level of national government [...]
II. Other measures reported for transparency
a. Corporate organisation [...]
Audiovisual services: At least one member of the board of directors of radio and television service companies must be of Moroccan nationality.
Sources: Dahir No. 1-02-212 of 31 August 2002 creating the High Authority on Audiovisual Communication (HACA)
Decree-law No. 2-02-663 of 10 September 2002 abolishing the State monopoly in radio and elevision broadcasting
Law No. 77-03 of 7 January 2005 on audiovisual communication [...]" (OECD, National Treatment for Foreign-Controlled Enterprises: List of measures reported for transparency, 2017)
Dahir n°1-04-257 of 25 kaâda 1425 (January 7, 2005) promulgating Law n° 77-03 relating to audiovisual communication [google translate]
HACA (2018), Specifications: The television service "TELE DECOUVERTE" Edited by SOCIETE HIT RADIO S.A., July 26 [google translate]
OECD, National Treatment for Foreign-Controlled Enterprises: List of measures reported for transparency, 2017
[<a href="https://www.haca.ma/fr/dahir-n%C2%B01-04-257-du-7-janvier-2005-portant-promulgation-de-la-loi-n%C2%B0-77-03-relative-%C3%A0-la">Dahir</a>],[<a href="https://www.haca.ma/sites/default/files/upload/CC%20TELE%20DECOUVERTE%20VF.pdf">Cahier des charges</a>],[<a href="https://www.oecd.org/daf/inv/investment-policy/NTItransparencyENG.pdf">Nti</a>]