Translated from French

08-34412 -10-

Translated from French

The Permanent Mission of the Kingdom of Morocco to
the United Nations

Ms No. Nv/115.08

The Permanent Mission of the Kingdom of Morocco to the United Nations presents its compliments to the Secretariat of the United Nations, Office for Disarmament Affairs, and has the honour to transmit to it herewith the national report of Morocco on implementation of the “Programme of Action to Identify and Trace Small Arms and Light Weapons and the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons”.

The Permanent Mission of Morocco to the United Nations takes this opportunity to convey to the Secretariat of the United Nations, Office for Disarmament Affairs, the renewed assurances of its highest consideration.

Secretariat of the United Nations
Office for Disarmament Affairs
New York

Kingdom of Morocco
Ministry of Foreign Affairs and Cooperation
United Nations and International Organizations Department
United Nations Division

National Report

On implementation of the United Nations Programme of Action
to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects and of the International Instrument to Enable States
to Identify and Trace, in a Timely and Reliable Manner,
Illicit Small Arms and Light Weapons

23.04.2008

Introduction

This national report concerns the implementation by the Kingdom of Morocco of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects and of the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons, adopted respectively in July 2001 and December 2005, pursuant to the relevant resolutions of the General Assembly of the United Nations.

This national report, the fourth of its kind, is submitted to the United Nations Office for Disarmament Affairs, in response to its request of 28 January 2008, made in accordance with resolution 62/47 on “The illicit trade in small arms and light weapons in all its aspects”, adopted by the General Assembly of the United Nations on 5 December 2007.

The proliferation of small arms has a fatal impact on peace, stability and human development and is a serious threat to national, regional and international security.

Because of the availability of small weapons and their uncontrolled use, conflicts are made more lethal and it becomes easier to perpetrate criminal acts. Such weapons contribute to the emergence of a culture of retaliation and to a resurgence of violence worldwide. Apart from their heavy toll in human lives, they are harmful to development and mortally endanger civil populations.

Morocco is particularly concerned about the enormous quantity of small weapons circulating in Africa and freely crossing borders, thereby disturbing its stability and fragile equilibrium and pushing its peoples more deeply into poverty.

For Morocco, the small weapons issue is closely bound up with the security-related crisis affecting the African continent. The availability of small weapons contributes widely to increasing instability and jeopardizes peacemaking efforts.

In this context, Morocco considers that any international policy to control the phenomenon remains dependent on a system whereby weapons can be precisely identified. This thrust of government policy is reflected in the active involvement of the Moroccan diplomatic service in the work of the General Assembly’s working group that led to the adoption of an international instrument on the tracing and marking of small weapons, and also in its contributions to and support for various international and regional initiatives relating both to transfer controls and to illicit brokering activities for such weapons.

Morocco hopes that the biennial meeting of States Parties to the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, scheduled to be held from 14 to 18 July 2008 in New York, will offer a suitable opportunity to consider what has been achieved under the Programme of Action since its formulation in 2001 and to explore ways of strengthening the efforts of the international community to curb the uncontrolled proliferation of small weapons and light arms and its impact on security and stability in the world.

This report offers an overview of the regulatory and legal framework governing small weapons and of the various actions undertaken by the Moroccan Government to implement the aforementioned Programme of Action and International Instrument. It also describes government policy in support of disarmament, demobilization and reintegration (DDR).

* * *

1. National point of contact/National coordination agency

Ministry of the Interior — Department of International Cooperation

Name of officer in charge: Mr. Jamal El Hadary

Function: Head of Division

Tel: (00212) (0) 37 21 41 76/(0) 61 86 55 59

Fax: (00212) (0) 37 76 19 16

E-mail:

Date of establishment of this point of contact: 2001

2. Dates of submission of national reports: 2003, 2005 and 2006

3. Date of last report: 2006

4. Legislation, regulations, administrative procedures

* General legal framework

In Morocco, weapons and munitions are governed by the following legislation:

– Dahir of 11 March 1936 on the prohibition of the import, export, transit and trans-shipment of war material (such material is explicitly defined by type and category in an annex to this Dahir);

– Dahir of 31 March 1937 regulating the import, carriage, possession and storage of weapons and munitions and related trade, as supplemented and amended by the Dahirs of 26 May 1941, 8 July 1941, 19 February 1949, 18September 1954 and 3 September 1955;

– Dahir No. 1-58-286 of 2 September 1958 on the punishment of infringements of the legislation on weapons, munitions and explosive devices;

– Dahir No. 1-03-140 of 28 May 2003 promulgating Act No. 03-03 on combating terrorism, in particular article 218-1 on the production, possession, transport or use of weapons and explosive devices;

– Articles 303 and 303 bis of the Criminal Code;

– Dahir implementing Act No. 1-77-339 of 9 October 1977 establishing the Customs Code as amended and supplemented, in particular its articles concerning prohibitions (23 and 115) and those regulating border controls and customs surveillance, which enables the competent authorities to prevent illicit trade in weapons, munitions or explosive devices in Moroccan territory;

– The provisions of articles 154, 160, 165, 166, 167, 168 and 173 of the Code of Military Justice, in force in the Royal Armed Forces on similar issues;

– Circular No. 10-58/SGG/CAB of 4 February 1958 issued by the President of the Council setting the material jurisdiction of the National Security Department, in particular the judicial police;

– The newly updated procedure on conditions and terms for the import, export, transit and trans-shipment by air of firearms, munitions and/or explosive and fissile materials, as recently established jointly by representatives of the Ministry of the Interior, the Ministry of Public Works and Transport, the National Security Department (DSGN), the Royal Gendarmerie, the Moroccan Royal Air Force (RAM) and the National Airport Office (ONDA). The procedure also covers flights through national airspace of freight containing the aforementioned items.

Explosive devices are governed by the following legislation:

– Dahir of 14 April 1914, as amended by the Dahirs of 14 March 1933, 9 May 1936, 24 January 1940 and 30 January 1954;

– Dahir No. 1-58-286 of 2 September 1958 on the punishment of infringements of the legislation on weapons, munitions and explosive devices;

– Dahir of 30 January 1954 on control of explosive devices;

– Joint circular No. 2367 of 12 April 2004 of the Ministry of the Interior and the Ministry of Energy and Mines, amended by joint circular No. 4546 of 21 July 2006.

* Carriage and possession of weapons (Dahir of 31 March 1937)

The carriage and possession of weapons are subject to the following restrictions:

– Any person carrying a weapon, whether visible or concealed, must have a weapons permit. This permit, which is strictly personal, revocable and renewable yearly, can only be issued to minors between the ages of 17 and 21 for hunting weapons and at the request of their legal representative;

– For weapons other than hunting weapons, a special permit is required, specifying the nature and characteristics of the weapon;

– Any person carrying a weapon who enters Moroccan territory must comply, on arrival, with the relevant legal provisions. This requirement concerns both laws and regulations (in particular, the requirement to hand in a customs declaration and to produce the necessary authorization);

– Persons not in possession of a weapons permit or, failing that, of a special authorization to keep weapons in the home, specifying the number and nature of the weapons that the permit-holder may possess, are prohibited from keeping weapons in their homes;

– Any person in possession of a permit to carry or possess a concealed weapon who temporarily leaves the Kingdom for a period greater than one month is required, prior to departure, to deposit the weapons lawfully in his possession with the services of the National Security Department or the Royal Gendarmerie or, failing that, with the local controlling authority;

– Persons convicted for criminal offences, persons found guilty of an offence carrying a penalty of at least one year’s imprisonment, persons under interdict and minors under 17 years of age are excluded from the right to store, bear or possess weapons;

– Persons who, by virtue of their position or functions, are required to possess service weapons are not allowed to carry those weapons except for the needs of service or in cases specified by the regulations in force.

* Trade in weapons

– Trade in weapons of war is prohibited;

– Trade in weapons other than weapons of war is subject to the deliverance of a licence issued by the Director-General of National Security.

* Stockpiling

– The stockpiling of weapons and munitions is defined as the permanent storage together on the same premises of more than three weapons and more than 500 rounds of ammunition or the material needed to manufacture them;

– Unauthorized persons are prohibited from trading in or stockpiling weapons or munitions;

– The characteristics and quantities of authorized weapons and munitions for storage are clearly defined.

* Import

– It is strictly forbidden to import weapons of war;

– Hunting weapons and ammunition may be imported after a licence has been obtained from the National Security Department;

– A licence to import weapons and munitions can be issued only upon fulfilment of specific conditions and documentary requirements;

– The characteristics and quantities of authorized weapons and munitions for import are clearly specified;

– Such items can be imported only through border post customs offices upon fulfilment of the necessary formalities, in particular production of authorization from the National Security Department or one of its branch offices.

* Tracing

Authorized firearms dealers are subject to the following obligations:

– They must keep a special register of imported weapons and munitions. numbered and initialled by the customs services, which must be surrendered upon official request;

– They must keep an in-and-out register of weapons and an in-and-out register of munitions, numbered and initialled by the competent authorities and specifying the weapons or munitions sold (calibre, serial number and manufacturer’s mark), the name and domicile of the purchaser, the number and date of weapons permit, or the references of the sales licence, if the vendor has a licence for the retail sale of weapons;

– The sale or free transfer of ownership of weapons or munitions is prohibited failing production by the purchaser or assignee of a weapons permit in that person’s name;

– In cases where private individuals sell a weapon, they are required to return to the authorities the permit pertaining thereto;

– The conditions laid down for the transport of munitions must be complied with, including possession of the documents required for that purpose.

* Brokering

– Holders of a licence to sell weapons and munitions wholesale are prohibited from selling them to persons other than authorized retail vendors of weapons;

– Approved import companies are subject to strict control by administrative authorities and customs services.

* Customs control

– The Customs and Indirect Taxation Office, which is very concerned about this matter, spares no effort to build capacity aimed at ensuring greater security in the international logistic chain by identifying weapons and explosive devices in freight or passenger luggage;

– Customs control, which focuses mainly on goods, goes hand in hand with security controls dictated by the international situation, which are performed by means of new X-ray scanning technologies, in coordination with other bodies responsible for civil aviation security.

* Criminal offences

– Articles 22 to 34 of the Dahir of 31 March 1937 set out the penalties for violation of the various provisions governing weapons possession. These penalties include payment of a fine and up to two years’ imprisonment, payment of a fine alone, confiscation of weapons and/or temporary or permanent withdrawal of licence to import or sell weapons and munitions;

– Article 218-6 of Counter-terrorism Act No. 03-03 provides for between
10- and 20-year prison sentences for “anyone who knowingly provides a person who perpetrates, aids or abets a terrorist act with weapons, munitions or the instrument of the crime ...”;

– The 1958 Dahir provides for between 5- and 20-year prison sentences, without prejudice, where appropriate, to any penalties that may be incurred for the offences against the internal security of the State, for any violation of the relevant laws and regulations in force. It limits jurisdiction for this type of offence exclusively to military courts, which may invoke chapters 42, 43, 44, 44-1 and 89 of the Criminal Code for the purposes of preventive measures or additional penalties;

– The provisions of the 1977 Customs Code apply to the offence of importing or exporting without declaration or authorization.

* Seizure and destruction of illicit weapons

– Measures for the destruction of downgraded small-calibre weapons are regularly taken within the Royal Armed Forces;

– Since 2004, units of the Royal Gendarmerie have seized 973 firearms of different types and calibres on various grounds. They have been handed over to the competent judicial authorities in accordance with the regulations in force.