Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister for Foreign and European Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2011-9 of 3 January 2011 authorizing the approval of the Social Security Convention between the Government of the French Republic and the Government of the Kingdom of Morocco;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 67-379 of 18 April 1967 issuing the general social security agreement and its three annexes signed between France and Morocco on 9 July 1965 and the administrative arrangement, its annexes and the financial arrangement signed on 1 December 1966,
Decrete:
The Social Security Agreement between the Government of the French Republic and the Government of the Kingdom of Morocco (as an annex), signed in Marrakech on 22 October 2007, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of State, Minister for Foreign and European Affairs, are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
A N N E X E
CONVENTION ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF THE GOVERNMENT OF MAROC (ENSEMBLE ANNEX)
The Government of the Kingdom of Morocco, on the one hand,
and
the Government of the French Republic, on the other hand, hereinafter referred to as the Contracting States,
driven by the desire to guarantee the rights of their nationals, to reaffirm the fundamental principles of coordination between the social security and social protection regimes of the two States and to renew their relations in the field of social security,
agreed to replace the general convention of 9 July 1965 as follows:
PART I
GENERAL PROVISIONS
Article 1
Definitions
1. ∙ For the purposes of this Convention, the following definitions should be retained:
the term "territory" means:
– with regard to France: the European and overseas departments of the French Republic, including their territorial waters and the area beyond the territorial sea on which France can exercise sovereign rights for the purposes of exploration and exploitation, conservation and management of biological and non-living natural resources;
- in respect of Morocco: the territory of the Kingdom of Morocco and the areas adjacent to the territorial waters of Morocco, including the territorial sea and beyond it, the exclusive economic zone and the areas on which, in accordance with national legislation and international law, the Kingdom of Morocco exercises its jurisdiction or sovereign rights for the purposes of the exploitation and exploration of the natural resources of the seabed, of their subsoil (to the seabed)
― the term "worker" means the worker, active, permanent or seasonal, or unemployed, compensated, covered by one of the social security schemes included in the material scope of this Agreement;
the term "assimilated" to the word "employee" means workers whose quality of employees has been determined by law;
―the terms " pensions" and "annuities" mean all cash benefits served by a contributory plan for old-age insurance and survivors' pensions, disability insurance and occupational accidents and illness insurance, including all dependants of public funds, revalorization increases or supplementary allowances unless expressly excluded from this Agreement, as well as any capital benefits that may be paid in respect of pension contributions or benefits
―the term "qualified" means any person defined or considered to be entitled or a family member of a social insured by the legislation of affiliation, unless otherwise provided in this Convention;
- the term "survivor" means any person defined or admitted as a survivor by the legislation under which benefits are granted;
―the term "residence" means the usual stay of a person who stays more than six months on one of the territories and has the centre of his interests; students are considered to be resident in the State in which they pursue their studies;
― the term "stay" means temporary stay; persons who are undergoing formal vocational training are considered to be on temporary residence in the State in which they attend such training;
- the term "competent authorities" means the Minister(s) responsible for the application of the legislation referred to in Article 3 of this Convention;
― the term "competent institution" means the institution that manages the plan from which the person concerned, socially insured or entitled, derives his or her rights to benefits in kind or cash benefits and is responsible for them;
- the term "laws" means in respect of the Kingdom of Morocco the laws, decrees, decrees and regulations and any other legal provisions that concern the branches of social security or social protection referred to in Article 3 of this Convention, including the existing special systems until their integration or removal by the general social security system.
2. For the purposes of this Convention, the terms that are not defined shall have the meaning assigned to them by the law of one or the other Contracting State that applies.
Article 2
Field of personal application
This Convention shall establish, for the following persons, as well as for the refugees and their beneficiaries residing in the territory of one of the two States, the rules of coordination applicable to social security between the regimes in force in the territory of France and the regimes in force in the territory of Morocco:
1. With regard to France:
(a) workers exercising or having engaged in an employee or assimilated activity or a non-employed activity in the territory of France, of Moroccan or French nationality, as well as their entitled persons;
(b) civil and military officials of the State, as well as territorial and hospital officials under the National Pension Fund of local officials and state workers, active or retired, as well as their beneficiaries;
(c) other persons, of Moroccan or French nationality, not engaged in an employee or non-employed activity;
(d) nationals of another Member State of the European Union and the European Economic Area entering one of the categories of insured persons referred to in (a), (b) and (c) above, as well as their beneficiaries.
2. With regard to Morocco:
(a) workers, of Moroccan or French nationality, who are subject to or have been subject to Moroccan social security legislation governed by the National Social Security Fund and their beneficiaries;
(b) civil and military officials of the State, local government personnel and staff of public institutions covered by the plans administered by the Moroccan Retirement Fund (CMR) under Act No. 43-95 of 4 July 1996 and Act No. 65-00 enacting the Code of Basic Medical Coverage, Moroccan or French Nationality, as well as their dependants;
(c) staff subject to the collective pension allowance scheme (RCAR) established by the dahir, which is a Moroccan or French national of 4 October 1977 and entitled to them;
(d) staff governed by legislative, regulatory or statutory provisions governed by public authorities and related to specific systems of social protection, Moroccan or French nationality, as well as their legal persons;
(e) nationals of the Member States of the European Union entering into one of the categories of insured persons referred to in (a), (b), (c) and (d) above, where these States are expressly linked to the Kingdom of Morocco by a legal instrument coordinating their social security or social protection regimes, as well as their beneficiaries.
3. The provisions of this Convention relating to a risk or part of a risk shall apply to the various categories of insured persons referred to in paragraphs 1 and 2 above, where both States have implemented legislation or regulations that make it mandatory for the affiliate of such insured persons to a regime that ensures that such risk is applied, included in the social security branches referred to in Title II below. The implementation of these laws and regulations gives rise to prior information from the other State.
Article 3
Field of material application – legislation covered
1. This Convention shall apply:
(a) With regard to France:
for persons referred to in paragraph 1, (a) and (d) of Article 2 of this Convention:
the legislation establishing the organization of social security;
applicable social insurance laws:
- employees of non-agricultural professions;
- employees of agricultural professions;
the applicable social legislation:
- to non-salarie of non-agricultural professions,
with the exception of those relating to supplementary old-age insurance plans and disability and death insurance plans,
to non-salarie agricultural professions,
with the exception of the provisions that open up to persons working or residing outside French territory the right to adhere to voluntary insurance concerning them;
the continued legislation on voluntary old age and disability insurance;
the legislation on the prevention and repair of occupational accidents and diseases and the legislation on voluntary insurance in respect of occupational accidents and diseases;
the legislation on family benefits;
laws relating to various regimes of non-salarie and assimilated;
legislation on special social security schemes.
for persons referred to in paragraph 1, (b) and (d) of Article 2 of this Convention:
the legislation relating to in-kind health insurance and maternity benefits,
Family benefits legislation.
for persons referred to in paragraph 1, (c) and (d) of Article 2 of this Convention:
continued legislation on voluntary old age insurance;
legislation on voluntary insurance in respect of occupational accidents and occupational diseases.
(b) in respect of Morocco, for persons referred to in paragraph 2, (a), (b), (c), (d) and (e) of Article 2 of this Convention:
social security or social protection laws which relate to:
- disease and maternity,
– Disability,
- old age,
death and survival,
occupational accidents and diseases,
family benefits.
2. This Convention is also applicable to legislative or regulatory acts that will amend or supplement the laws or regulations listed in paragraph 1 of this article to the extent that they relate to persons and branches of social security or social protection referred to in this Convention.
3. This Convention shall not apply to legislative or regulatory acts that completely amend a branch of social security or cover a new branch unless an agreement is reached between the Contracting States for that purpose.
Article 4
Equal treatment
The persons referred to in Article 2 of this Convention, insured under French or Moroccan social security or social protection legislation referred to in Article 3 of this Convention, as well as their rightful persons, shall be entitled to equal treatment for the application of the legislation in force in each of the two States as soon as they reside there.
Article 5
Determination of applicable legislation:
general principle and exemptions
1. Workers working in France and/or Morocco are subject to the applicable social security regimes in France or Morocco or to these two regimes in the event of activity in both States.
2. By derogation from the provisions of paragraph 1 of this article, employed and assimilated workers detached by their employer in the other State to perform work shall not be subject to the social security system of the State where they are detached, and shall remain subject to the social security system of their usual working State, provided that the duration of the detachment does not exceed three years including the duration of the leave and that such workers are not otherwise sent
If the duration of this work extends beyond three years, the persons concerned may be kept in the regime of their usual state of work for a new period not exceeding three years, with the agreement of the competent administrative authorities of the place of detachment or the institutions they designate for that purpose.
3. By derogation from the provisions of paragraph 1 of this article, non-employed workers who perform a service benefit in the other State on their behalf, and when this activity is in direct connection with that which they normally exercise, are not subject to the social security system of the State in which they perform this service and remain subject to the social security system of their usual state of work, provided that the duration of this service does not exceed six months.
4. Officials, including diplomatic or consular agents, as well as administrative and technical personnel of diplomatic missions and consular posts, are subject to the social security provisions of the State under whose administration they are responsible.
5. Employees of diplomatic or consular posts, other than those referred to in paragraph 4 of this article, as well as workers in the personal service of agents of these posts, are subject to the social security regime of the State in whose territory they exercise their professional activity.
However, persons referred to in the previous paragraph, who are accrediting State nationals (the sending State), have the option of opting for the benefit of the social security regime of that State.
6. Non- licensees made available by one of the two States under technical cooperation shall be subject to:
(a) To the social security legislation of the first State when an organization of that State ensures their remuneration;
(b) To the social security legislation of the second State when an organization of that State ensures their remuneration.
7. The person who is part of the rolling or navigating personnel of a company carrying out, on behalf of others or on their own behalf, international passenger or cargo transport is subject to the law of the State in whose territory the company has its seat.
However, the person, occupied by a branch or permanent representation that the said company has in the territory of the State other than that where it has its seat, is subject to the law of the State in the territory of which the branch or permanent representation is located.
However, if the person is preponderantly occupied in the territory of one of the two States in which he or she resides, he or she is subject to the law of that State, even if the company in charge has no seat or branch or permanent representation in that territory.
8. The worker who operates on board a ship is subject to the legislation of the Contracting State of which the vessel is flagged.
Workers employed in the loading, unloading and repair of ships or in surveillance services in a port are subject to the legislation of the Contracting State in which the port is located.
9. Students studying in the territory of either State shall be insured with the social security regimes of that State in accordance with the provisions of the applicable legislation, provided that they are no longer entitled to the quality of being entitled under Article 12 of this Convention.
10. The competent administrative authorities of France and Morocco, or the institutions they designate for this purpose, may, in the interest of certain categories of persons or persons, provide, in common agreement, with exceptions to the provisions of paragraphs 1 to 9 of this article.
PART II
COORDINATION PROVISIONS
Chapter I
Health and maternity insurance
Article 6
Totalization of periods and opening of rights
1. Workers insured with a French or Moroccan regime, as well as their beneficiaries, benefit from the in-kind and cash benefits of the health and maternity insurance provided for by the State of Affiliation regime, provided that they fulfil, in that State, the conditions required for obtaining the benefits in question.
2. In the event that, for the opening, maintenance or recovery of the right to benefits in kind and in cash of health and maternity insurance, workers insured under French or Moroccan regimes do not justify the duration of insurance provided by the legislation of the State of Affiliation, it is called upon, to complete the periods of insurance and assimilated in that State, to the periods of insurance and assimilated before.
Article 7
Relocation of worker in case of illness
1. The Moroccan worker in France or French in Morocco, who meets the conditions required by the legislation of his state of affiliation to be entitled to benefits in kind or in cash of health insurance, retains that benefit for a period that cannot exceed three months, when he transfers his residence respectively to Morocco or France, provided that, prior to the transfer, he obtained the authorization of his institution of affiliation.
2. If the initial period granted is less than or equal to three months, it may be extended, by a decision of the affiliate institution, for one or more new periods not exceeding three months, and within a maximum period of six months from the original date of the transfer of residence.
However, in the case of an exceptionally serious illness, the affiliate institution may admit the maintenance of benefits beyond the six-month period referred to above.
3. In-kind benefits are provided by the institution of the place of residence according to the provisions of the legislation it applies to the competent institution. Cash benefits are served directly by the competent institution in accordance with the legislation it applies and to its charge.
Article 8
Worker's residence transfer, accident victim
work or occupational disease,
in case of illness or maternity
The Moroccan worker in France or French in Morocco, placed in the situation referred to in paragraph 1 of Article 40 of this Convention, retains the right to benefit from in-kind benefits of health and maternity insurance during the period of transfer of residence in the territory of the other State. These benefits are provided to it under the conditions of Article 7 of this Agreement by the institution of the State of Residence, at the expense of the competent institution.
Article 9
Relocation in case of maternity
1. The Moroccan woman who works in France or France who works in Morocco, who meets the conditions required by the legislation of her state of affiliation to be entitled to benefits in kind and in cash of maternity insurance, retains this benefit when she transfers her residence respectively to Morocco or France, provided that, prior to the transfer, she obtained the authorization of her affiliate institution.
2. The authorization referred to in the preceding paragraph is valid until the end of the compensation provided for in the legislation of the State of Affiliation. However, in the event of a pathological pregnancy, this period may be extended after a favourable opinion of the medical control of the affiliate institution.
3. In-kind benefits are provided on behalf of the affiliate institution by the institution of the place of residence according to the provisions of the legislation it applies. The burden of these benefits lies with the affiliate plan.
4. The cash benefit service is provided directly by the affiliate institution.
Article 10
Temporary worker stay on leave
Paternity leave
I. 1. The Moroccan worker in France or French in Morocco, who meets the conditions required by the legislation of his or her state of affiliation to be entitled to benefits in kind and in cash of health insurance and maternity, and whose state immediately requires health care during a temporary stay in Morocco or France on the occasion of a leave, shall be entitled to such benefits without the duration of their service exceeding three months.
However, this period may be extended for a maximum period of three months by a decision of the affiliate institution, after favourable notice of its medical check.
2. In-kind benefits are provided by the institution of the place of residence according to the provisions of the legislation it applies to the competent institution. Cash benefits are served directly by the competent institution in accordance with the legislation it applies and to its charge.
3. For the purposes of this Article, the notion of leave is defined in the general administrative arrangement referred to in Article 51 of this Agreement.
II. 1. The worker who meets the requirements of French legislation to be entitled to cash benefits during paternity leave shall be entitled to such benefits when he or she makes a temporary stay in Morocco for the duration of such leave.
2. If the health of the Moroccan worker in France referred to above requires immediate care, the provisions of section I of this section apply.
Article 11
Residence transfer and temporary residence of eligible persons
in the State other than the competent State
The rights of a Moroccan worker in France or French in Morocco who resides with the worker in the competent State are entitled to benefits in kind of health and maternity insurance under the same conditions as the worker, when they accompany the worker or when they move individually, respectively in Morocco or France. This provision also applies to a child born during the transfer of residence or temporary residence.
Article 12
Residence of persons entitled in the other State
the competent State
1. The persons entitled to a worker, who usually resides in the other State while the worker resides in the territory of the competent State, are entitled to benefits in kind of sickness and maternity insurance.
These benefits are provided on behalf of the affiliate institution by the institution of the place of residence according to the provisions of the legislation it applies. The burden of these benefits is the worker's affiliate plan.
2. The quality of being entitled as well as the extent, duration and terms of service of such benefits shall be determined in accordance with the law of the State of residence of such persons entitled.
3. The provisions of this Article shall not apply if the forewords, which may be covered under health and maternity insurance in one of the two States because of their sole rightful status, have, in their State of habitual residence, a professional activity allowing them to obtain a clean right from a public or private regime or receive a personal beneficial contribution.
Article 13
Temporary stay of eligible persons in the competent State
1. The persons entitled to a Moroccan worker in France or French in Morocco who resides in the State other than the competent State shall, when they are on temporary stay in the competent State, receive immediate benefits of health insurance and maternity. These are served by the institution of the State of the place of residence according to the provisions of the legislation it applies and to its charge.
2. The quality of being entitled is determined in accordance with the law of the State of residence of those entitled persons.
Article 14
Service of benefits to workers
and in special situations referred to in Article 5
1. The workers referred to in paragraphs 2, 3, 4, 5 paragraph 2, 6 (a), 7 paragraphs 1 and 3, 8 paragraph 1 and 10 of Article 5 of this Agreement shall be entitled to benefits in kind and in cash of health and maternity insurance. These benefits are served directly by the competent institution, and at its expense, throughout the period of residence in the State where these workers are occupied.
2. The persons entitled to the workers referred to in paragraph 1 above, who reside with them, shall, under the same conditions as the entitlement, benefit in kind from health and maternity insurance. The quality of being entitled is determined by the legislation of the worker.
3. However, the service of such benefits in kind is insured, if the worker or his or her person is entitled to so request, by the institution of the State of residence under the conditions of the legislation it applies. In this case, the benefits are borne by the competent institution.
Article 15
Persons benefits service
vocational training
1. The person insured with a French or Moroccan social security regime, who meets the conditions required by the legislation of his or her State of affiliation to be entitled to benefits in kind of health insurance and maternity, taking into account, if any, the provisions of Article 6 of this Convention, and who stays in the other State to attend a vocational training officially recognized in the competent State, retains the benefit of such benefits.
2. The provisions of paragraph 1 above shall apply by analogy to the persons entitled to the insured when they accompany him in the State of residence. The quality of being entitled is determined by the worker's affiliate legislation.
3. The benefits referred to in paragraph 1 above shall be served by the institution of the place of residence in accordance with the provisions of the legislation it applies and the responsibility of the competent institution.
Article 16
Preretired benefit service
and pension or pension holders
1. Pension or annuity holders, who are entitled to health insurance and maternity benefits in kind according to the law of one of the two States and who reside in the other State, are entitled to such benefits provided by the institution of the place of residence according to the provisions of the legislation it applies. These benefits are borne by the regime of the debtor state of the pension or annuity.
2. The provisions of paragraph 1 above shall apply by analogy to pre-retirement holders when they receive the said pre-retirement in the territory of the State of their residence.
3. Pension or annuity holders, who are entitled to benefits in kind of health insurance and maternity according to the laws of the two states, are entitled to such benefits served by the institution of the State of their residence, according to the provisions of the legislation that it applies and to its charge.
4. Workers who cease their activity and request the liquidation of their pension or annuity shall retain, during the course of the instruction of this application, the right to health and maternity insurance in kind to which they may claim under the relevant state legislation in the last place. The benefits are provided by the institution of the State of Residence at the expense of the institution to which these benefits are borne after the liquidation of the pension or annuity.
5. The provisions of paragraphs 1, 2, 3 and 4 of this article shall also apply to persons entitled to pre-retirement or to the applicant or holder of a pension or annuity recognized as such by the law of the State of residence of the persons entitled, provided that they are not entitled to the benefits referred to in either State under a right related to a professional activity or to a personal beneficial contribution.
The institution of the State that is responsible for the benefits in kind of the pre-retired or the applicant or holder of a pension or annuity, shall also be responsible for the benefits of its entitled persons, whether they reside in or not in the same State as the pre-retired or applicant or holder of a pension or annuity.
6. The provisions of paragraphs 1 to 4 above shall not apply to a pre-retirement, applicant or holder of a pension or annuity or to his or her eligible beneficiaries who are entitled to health insurance and maternity benefits as a result of the exercise of a professional activity or the perception of a personal contributory benefit in the territory of one of the two States.
Article 17
Container of prostheses and large apparatus
With the exception of Articles 12 and 16 of this Agreement, the granting of prostheses and large apparatus, the list of which is annexed to the general administrative arrangement referred to in Article 51 of this Agreement, shall be subject, except in the case of an emergency, to the authorization of the affiliate institution.
Article 18
Chronic diseases
1. For the purposes of Articles 10, 11 and 13 of this Agreement, chronic disease care, which is listed in the general administrative arrangement referred to in Article 51 of this Agreement, is considered to be equivalent to immediate health and maternity insurance benefits.
2. The provisions of paragraph 1 above shall also apply to Moroccan workers in Morocco and to French workers in France who reside respectively in France and Morocco.
Chapter II
Family benefits
Article 19
Totalization of periods
In the event that, for the opening, maintenance or recovery of the right to family benefits, workers do not justify the duration of insurance provided for in the legislation of one of the two States, it is called upon, to supplement the periods of insurance and assimilated in that State, to the periods of insurance and previously assimilated under the law of the other State.
Rule 20
Opening of rights and service
Conventional family allowances
1. Workers subject to the legislation of one of the two States may apply, for their children residing in the territory of the other State, to conventional family allowances, under the conditions of activity established by the general administrative arrangement referred to in Article 51 of this Convention.
2. The holders of a work accident or occupational sickness annuity may apply to their children residing in the territory of a State other than that of the pension debiting institution, to conventional family allowances, where the base rate for the calculation of their annuity is equal to or greater than that fixed by the general administrative arrangement referred to in Article 51 of this Convention.
3. The holder of a pre-retirement or disability or old-age pension that, on the date of the opening of the pre-retirement or pension entitlement, was entitled to conventional family allowances, continues to be entitled to the same children, as long as they meet the age requirement provided for by the general administrative arrangement referred to in Article 51 of this Agreement, to such allowances in French or Moroccan territory.
4. In the event of the worker's death, pre-retirement, annuitant or pensioner's entitlement to conventional family allowances, the payment of such allowances shall be maintained for the benefit of the same children of that worker, pre-retired, annuitant or pensioner as long as the latter meet the age requirement set out in the general administrative arrangement referred to in Article 51 of this Agreement.
5. The amount of conventional family allowances is included in a scale agreed by the competent authorities. Such a scale shall be revised taking into account changes in the rate of family allowances in each of the two States under the conditions provided for in the general administrative arrangement referred to in article 51 of this Convention. This revision can only take place once a year.
6. Under the age condition provided for by the general administrative arrangement referred to in article 51 of this Convention, children who are beneficiaries of the conventional family allowances provided for in this article shall be dependent children of the worker, the pre-retired, the pensioner or the annuitant within the meaning of the law of the State in which these children reside. However, the payment of these allowances is limited to four children.
7. The service of conventional family allowances is provided directly by the competent institution.
8. Conventional family allowances cease to be due when a right to family benefits is opened in the State of residence of children under a professional activity.
Article 21
Benefit of family benefits to detached workers
and in special situations referred to in Article 5
1. The persons referred to in paragraphs 2, 3, 4, 5 paragraph 2, 6 (a), 7 paragraphs 1 and 3, 8 paragraph 1 and 10 of Article 5 of this Convention shall be entitled, for the children accompanying them in the territory of the other State, to the family benefits listed in the general administrative arrangement referred to in Article 51 of this Convention.
2. The family benefits service referred to in paragraph 1 of this Article shall be provided directly by the competent institution.
Chapter III
Old-age and death insurance (survivor costs)
Section 1
Opening of rights, calculation and payment of pension
Article 22
Withdrawal of residential clauses
Where, for the granting of contributive old-age benefits or for the fulfilment of certain formalities, the legislation of one of the States in question precludes a condition of residence in that State, it is not enforceable to the beneficiaries of this Convention, regardless of their place of residence.
Article 23
Totalization of periods and opening of rights
1. If the law of a State subordinates the acquisition, retention or recovery of the right to benefits under a plan that is not a special regime within the meaning of paragraphs 3 or 4 of this article, to the performance of periods of insurance or assimilated, the competent institution of that State shall take into account, to the extent necessary and provided that they do not overlap, periods of insurance or assimilated
2. If, pursuant to paragraph 1 above, the conditions for opening the right to benefit are not met, the competent institution shall also take into account the periods of insurance or assimilated in the third States related to each of the two States by means of a social security coordination instrument providing for the totalisation of insurance periods or assimilated. Subject to the provisions of the law applicable in each of the two States, the periods of insurance or assimilated in these third States are also taken into account if they allow the determination of a higher pension amount.
3. If the law of one of the States provides for the granting of certain benefits provided that the periods of insurance have been fulfilled in a special regime or in a specific profession or employment, the periods in the other State shall be taken into account, for the granting of such benefits, only if they have been completed under a corresponding scheme or, if not, in the same profession or employment.
4. The provisions of the preceding paragraph are not applicable, with regard to the special regimes of France, to the special pension schemes of civil and military officials of the State, territorial and hospital officials and workers of the industrial establishments of the State.
5. If, in the light of the totalization referred to in paragraph 3 above or the periods of the plans referred to in paragraph 4 above, the person concerned does not meet the conditions for the opening of the rights provided by the special regime, the insurance periods of that special regime shall be taken into account for the totalisation for the opening and calculation of the rights by the general plan(s) applicable to the employee of the State or of the State.
Article 24
Calculation of pension
Individuals who have been submitted successively, alternately or simultaneously in France or Morocco to one or more old-age insurance plans of each of these States are entitled to benefits under the following conditions:
1. Where the conditions required by the law of one of the two States to be entitled to benefits are met without the need to resort to the periods of insurance and assimilated under the law of the other State, the competent institution shall determine the amount of the pension that would be due, on the one hand, according to the provisions of the legislation it applies, and on the other hand, in accordance with the provisions of paragraph 2 (a) and (b) below.
2. Where the conditions required by the law of one of the two States to be entitled to benefits are met only by resorting to the periods of insurance and assimilated under the law of the other State, and if applicable of a third State bound to each of the two States by a coordinating instrument in the field of social security, the competent institution shall determine the amount of the pension according to the following rules:
(a) Totalization of periods
The periods of insurance carried out under the laws of each State, and if any of a third State bound to each of the two States by a social security coordination instrument, as well as the periods assimilated to periods of insurance, shall be totaled, provided that they do not overlap, both for the determination of the right to benefits and for the maintenance or recovery of that right.
Periods similar to periods of insurance are in each State those recognized as such by the legislation of that State.
(b) Liquidation of delivery
In view of the totalization of the periods, as indicated above, the competent institution of each State shall determine, according to its own legislation, whether the person concerned meets the conditions required to be entitled to an old age pension.
If the right to pension is open, the competent institution of each State shall determine the benefit to which the insured person may claim if all periods of insurance or assimilated had been carried out exclusively under his or her own legislation and then reduce the amount of the benefit to the prorated period of insurance and assimilated under the legislation that it applies, before the realization of the risk, in relation to the total duration of the periods completed This total duration is capped to the maximum duration possibly required by the legislation it applies for the benefit of a complete benefit.
3. The competent institution of each State shall pay to the interested party the highest amount calculated in accordance with paragraph 1 or 2 of this article.
Rule 25
Deferred liquidation and subsequent liquidation
1. The person concerned may differ the request for the liquidation of his rights under the laws of one of the two States.
2. When the individual requests the liquidation of his or her rights under the law of a single State, because he or she wishes to defer his or her application under a regime under the law of the other State or because he or she does not meet the conditions for the opening of rights under the latter legislation, the benefit due shall be liquidated under the law of the first State in accordance with the provisions of Article 24 of this Convention.
3. When the person requested the liquidation of his or her rights that he or she had deferred under the law of the other State or when the conditions, including age, required by that legislation were met, the disposition of the benefit due under that legislation shall be effected in accordance with the provisions of article 24 of this Convention without the termination of the first benefit.
Rule 26
Minimum insurance period
1. Where the periods of insurance under the law of one of the two states are less than one year, no benefit shall be payable under the law of that State unless a right is acquired under that period.
2. Notwithstanding the provisions of the preceding paragraph, such periods shall be taken into consideration for the opening and calculation of rights under the law of the other State, under the conditions of Article 24 of this Convention, unless the result is a decrease in the provision due under the law of that State.
Rule 27
Elements taken into account in calculating the performance
Where, according to the law of one of the two States, the liquidation of the benefit is carried out on the basis of a salary or a reference income, the competent institution of that State responsible for the liquidation of the benefit shall take into account the wages or income recognized during the insurance periods carried out under the legislation it applies.
Rule 28
Exercise or resumption of activity
by pensioner
If the law of one or the other State subordinates the granting or service of an old age benefit provided that the person concerned ceases to perform a professional activity, this condition is not enforceable if the person concerned exercises an activity or resumes a professional activity outside the debtor state of the pension.
Rule 29
Payment of pensions
1. Persons with an old age pension under the laws of either or both States or under this Agreement shall be entitled to such benefit irrespective of their place of residence.
2. The debiting institution pays directly to the beneficiary your benefits due to it, the deadlines and the terms and conditions set out in the legislation it applies.
Section 2
Survivor pension
Rule 30
General provisions
1. The provisions of section 1 of this chapter shall apply, by analogy, to the following survivor benefits:
(a) For France:
― at the safe allowance,
― widow and widow's disability pension,
- to reversion pensions and their equivalents for special plans,
- orphan pension;
(b) For Morocco:
― widower or widower pension,
Orphan pension.
2. When the death, which is entitled to the award of a survivor's pension, occurs before the worker has obtained the liquidation of his or her old-age insurance rights, the benefits payable to eligible persons are liquidated under the conditions specified in Article 24 of this Agreement.
Rule 31
Special provisions
If, in accordance with his or her personal status, the worker or former worker had at the time of his or her death several wives, the benefits of each surviving spouse shall be examined under the following conditions:
1. With regard to France:
(a) regardless of the place of residence of the wives, the rights of each of them to either of the survivors' benefits – other than those resulting from an occupational injury or illness – provided for in French legislation are examined according to their age and situation;
(b) provided that the conditions for the opening of the law are met, the benefit shall be assigned to the sole prorata of the duration of the marriage in accordance with the terms set out in the administrative arrangement referred to in Article 51 of this Agreement;
(c) only the death of one of the wives may lead to the revision of the liquidated rights for the benefit of the other or other wives;
(d) in the event that, in addition to surviving wives, the worker or former worker has had spouses whose spouses have been divorced and who are not remarried, the distribution of the reversion pension provided for in French law shall be effected on the basis of the marriage period as determined by the general administrative arrangement referred to in Article 51 of this Agreement.
2. With regard to Morocco: the benefit acquired is also and definitively distributed among surviving wives,
Chapter IV
Death allowance
Rule 32
Opening of the law and service of the allowance
1. In the event that, for the opening, maintenance or recovery of the right to death benefit, workers do not justify the duration of insurance provided for in the laws of one of the two States, it is appealed, to complete the periods of insurance and similarity carried out in that State, to the periods of insurance and assimilated previously performed under the laws of the other State.
2. Where the death of a worker or applicant or holder of a pension or annuity subject to the law of one of the two States occurs in the territory of the other State or of a third State, the competent institution of each of the two Contracting States shall examine the right to death allowance under the legislation it applies, as if the death occurred in its territory.
3. Each competent institution shall pay the death allowance due under its legislation, regardless of the place of residence of the beneficiary.
Chapter V
Disability insurance
Rule 33
Withdrawal of residential clauses
The provisions of Article 22 of this Convention shall apply by analogy to this chapter.
Rule 34
Totalization of periods and opening of rights
1. The worker insured with a French or Moroccan plan shall be entitled to disability insurance benefits exclusively on the part of the institution to which he or she reports on the date of interruption of the work followed by disability if he or she meets the conditions required to be entitled to benefits under this legislation.
2. In the event that, for the opening, maintenance or recovery of the right to such benefits, the persons concerned do not justify the duration of insurance provided for in the legislation of the State of Affiliation, it is appealed, to complete the periods of insurance or assimilated in that State, to the periods of insurance or assimilated previously performed in the other State.
Totalization is carried out in accordance with the rules used in health insurance.
3. The person concerned who, although having taken an activity in the new State, is not entitled to benefits under paragraphs 1 and 2 of this article shall be entitled to benefits to which he is still entitled under the law of the first State. This right is appreciated, as appropriate, of all insurance periods in both States prior to the end of activity in the first State.
Rule 35
Calculation and charge of the pension
1. The Contributory Disability Pension is liquidated in accordance with the legislation of the worker at the time that, as a result of illness or accident, the work interruption followed by disability occurred, taking into account, where appropriate, the provisions of Article 6(2) of this Agreement.
Where, according to the law of one of the two States, the winding-up of the pension is carried out on the basis of a salary or a reference income, the competent institution of that State responsible for the liquidation of the pension shall take into account the wages or income recognized during the insurance periods carried out under the legislation it applies.
2. To determine the insurance periods that must be used as a basis for calculating the Moroccan disability pension due to a French or Moroccan national or a member State of the European Union linked to Morocco by a social security coordination instrument, insurance periods and similar periods of time under French legislation are taken into account as Moroccan insurance periods as long as they are not superimposed on them. Only wages that have given rise to contributions from the Moroccan plan are considered to determine the average annual salary.
3. The charge of the disability pension is borne in full by the institution to which the worker was responsible at the time of the risk, in accordance with the provisions of the legislation it applies.
Rule 36
Recovery of pension entitlement, aggravation of disability
1. If, after suspension of the disability pension, the person concerned recovers his or her right, the benefit service is taken over by the debiting institution of the pension initially granted under the initial charge conditions.
2. If, after the withdrawal of the pension, the state of the person concerned justifies the granting of a new disability pension, the disability pension shall be liquidated according to the rules set out in article 34 of this Agreement.
3. In the event of an increase in the disability of a pension beneficiary:
(a) if the person concerned, a beneficiary of a disability pension under the legislation of one of the two States, has not been subject to the legislation of the other State, the debiting institution shall be required to grant the benefits in the light of the aggravation, in accordance with the provisions of the legislation it applies.
(b) if the person concerned, since receiving a disability pension under the legislation of one of the two States, has been subject to the legislation of the other State, he shall retain the benefit of his or her initial pension in the absence of the aggravation. Under the aggravation, it can also benefit from a pension liquidated under its only domestic legislation by the new State of employment.
(c) if the beneficiary of a pension referred to in (b) above shall not be entitled under the aggravation, a pension that is liquidated under its only domestic legislation, by the new State of employment, that aggravation shall be taken into account under the conditions set out in (a) above.
Rule 37
Payment of pensions
The provisions of Article 29 of this Agreement shall apply by analogy to persons holding a disability pension.
Rule 38
Transformation into old age pension
1. The disability pension is transformed into an old-age pension as long as the conditions, especially of age, are met by the legislation of the debtor State of that disability pension, for the award of an old-age pension.
2. The transformation is carried out under the conditions provided by the legislation of the debtor State of the disability pension.
3. By exception to the provisions of paragraph 2 above, where the disability pension has been liquidated in accordance with the provisions of section 35, paragraph 2, of this Agreement, the old-age pension that is liquidated in accordance with the provisions of section 24 of the same text shall be substituted for the benefit to the Moroccan plan.
Chapter VI
Industrial accident insurance
and occupational diseases
Rule 39
Withdrawal of residential clauses
1. Where the legislation of one of the two States concerning industrial accidents and occupational diseases precludes a condition of residence in that State for the opening or maintenance of rights, it is not enforceable to the beneficiaries of this Convention.
2. Additional increases or allowances granted in addition to or in replacement of work accident annuities or occupational diseases under the law applicable in each State shall be attributed or maintained to persons referred to in paragraph 1 above irrespective of their place of residence. The terms and conditions of application are set out in the general administrative arrangement referred to in Article 51 of this Agreement.
Rule 40
Service for residential transfer benefits
1. Every worker, who is a victim of an occupational injury or illness, in Morocco or France and who transfers his residence to the territory of the other State, benefits, at the expense of the affiliate institution, from the benefits in kind of occupational accident insurance and occupational diseases. It must have obtained the authorization of the affiliate institution, which duly takes into account the reasons for this transfer.
In-kind benefits are provided by the institution of the place of the new residence, under conditions determined by the general administrative arrangement referred to in Article 51 of this Agreement.
2. Every worker, who is the victim of an occupational injury or illness in Morocco or France and who transfers his residence to the territory of the other State, continues to benefit, at the expense of the affiliate institution, from the cash benefits of occupational injury insurance and occupational diseases provided for in the legislation of the said institution.
Rule 41
Service of benefits to workers
and in special situations referred to in Article 5
1. The worker referred to in paragraphs 2, 3, 4, 5 paragraph 2, 6 (a), 7 paragraphs 1 and 3, 8 paragraph 1 and 10 of Article 5 of this Agreement, a victim in the territory of the State of employment of an occupational accident or illness recognized by the law applied by the competent institution, shall be entitled to benefits in kind from the insurance of work and occupational diseases served directly by that institution for the duration of his residence.
2. However, the service of such benefits in kind is provided, if the worker so requests, by the institution of the State of residence under the conditions of the legislation it applies when the care is received in the latter State. In this case, the benefits are borne by the competent institution,
3. The cash benefit service is provided directly by the competent institution.
Rule 42
Rechute
1. The person concerned, a victim of a relapse of his or her employment accident or occupational illness found in the territory of one of the two States, while he or she temporarily or permanently transferred his or her residence to the other State, is entitled to the benefit of benefits in kind and in cash of the occupational accident insurance and occupational diseases served under the conditions prescribed by the general administrative arrangement referred to in article 51 of the agreement
2. The right is recognized under the legislation applicable to the institution to which the worker was affiliated with the date of the work accident or the first finding of the occupational disease.
Rule 43
Container of prostheses and large apparatus
The granting of prostheses and large apparatus, the list of which is annexed to the general administrative arrangement referred to in Article 51 of this Agreement, is subject, except in the case of an emergency, to the authorization of the affiliate institution.
Rule 44
Assessment of the degree of disability:
Taking into account occupational accidents
and occupational diseases in the other State
In order to assess the degree of permanent incapacity resulting from an occupational injury or illness, according to the law of one of the two states, industrial accidents and occupational diseases previously occurring in the other State are considered as if they had occurred in the first State.
Rule 45
Travel accidents at the beginning of a professional activity
The accident that occurred to the employed or assimilated worker with a contract of employment, during the course of the journey from France to Morocco or Morocco to France to reach his place of work, opens the right to the benefits covered by this chapter in the conditions determined by the legislation of the State where his or her work will begin.
Rule 46
Special rules for occupational diseases
1. Where the victim of a professional illness has exercised successively in both States a job likely to cause the illness, the benefits to which the victim or his survivors may claim are granted exclusively under the law of the State in which the employment in question has been exercised in the last place, and provided that the person concerned fulfils the conditions provided for in this legislation.
2. If the grant of benefits by law of one of the two. States shall be subject to the condition that an activity likely to cause the disease considered has been carried out for a certain period of time, the exercise of this activity in the other State shall be taken into account as if this activity had been carried out under the law of the first State. The amount of the benefit thus calculated is entirely at the expense of the State where the person concerned lastly exercised employment likely to cause the said disease.
3. Where the law applicable in one of the two states provides for the benefit of the benefits of occupational disease provided that the illness under consideration has been medically recognized for the first time in the territory of that State, that condition shall be deemed to be met when the disease was first found in the territory of the other State.
Rule 47
Aggravation of occupational disease
In the event of a worsening of a professional disease repaired under the laws of one of the two states, while the victim resides in the territory of the other State, the following rules apply:
(a) If the person concerned has not exercised in the state of his new residence a job likely to worsen this repaired occupational disease, the institution of the first State shall take charge of the worsening of the disease in the terms of its own legislation.
(b) If the person concerned has exercised in the state of his new residence a job likely to worsen this repaired occupational disease:
― the institution of the first State retains the benefit due to the individual under its own legislation as if the occupational disease had not been aggravated;
― the institution of the other State shall bear the surcharge of benefits corresponding to the aggravation. The amount of this supplement is then determined according to the legislation of the latter State as if the occupational disease had occurred in its own territory; it is equal to the difference between the amount of the benefit due after the aggravation and the amount of the benefit that would have been due before the aggravation.
Rule 48
Survivors' rents
1. In the event of death directly related to an occupational accident or illness and if, in accordance with its personal status, the victim had several wives, the pension payable to the surviving spouse is also and permanently distributed among the wives.
2. The annuity due to orphans is served by the debiting institution to the natural or legal person responsible for it.
Rule 49
Payment of annuities
The provisions of Article 29 of this Agreement shall apply by analogy to persons who have an annuity of occupational injury or illness.
PART III
OTHER PROVISIONS
Chapter I
Financial provisions
Rule 50
Refunds
The competent institution shall reimburse the institution of the State of residence or residence for the in-kind benefits of health and maternity insurance, occupational accidents or diseases served on its behalf under articles 7 to 12.14 (3), 15, 16 paragraphs 1, 2, 4 and 5, 17, 18, 40, 41 paragraph 2, 42 and 43. This reimbursement shall be made on a biannual basis by individual statements of actual expenditures, through the liaison bodies of the two states. The terms and conditions of reimbursement shall be determined by the general administrative arrangement referred to in Article 51 of this Agreement.
Chapter II
Miscellaneous provisions
Rule 51
General administrative arrangements
1. A general administrative arrangement, decided by the competent authorities of the two Contracting States, shall, as appropriate, establish the terms and conditions for the application of this Convention.
2. In the arrangement referred to in paragraph 1 of this Article, the liaison bodies of the two Contracting States shall be designated.
3. The forms required for the implementation of this Agreement are annexed to the general administrative arrangement referred to in paragraph 1 of this Article.
4. The competent authorities of the two Contracting States shall take all administrative arrangements supplementing or amending the general administrative arrangement referred to in paragraph 1 of this Article.
Rule 52
Joint Commission and Settlement of Disputes
1. A joint commission, composed of representatives of the competent authorities of each State, is responsible for monitoring the application of this Convention and proposing any amendments to it. This joint commission meets, as necessary, at the request of either State, alternately in France and Morocco.
2. Difficulties in the application and/or interpretation of this Agreement shall be resolved by the Joint Commission. In the event that it is not possible to arrive at a solution by this way, the dispute is settled by mutual agreement by the Governments of the two States.
Rule 53
Information, administrative assistance
and protection of personal data
1. The competent authorities of the two States shall communicate any information concerning the measures taken for the application of this Convention, as well as any amendments to their legislation that may affect this application.
2. The competent authorities and institutions of both States shall lend their good offices free of charge for the application of this Convention as if it were the application of their own laws. Only third-party fees are reimbursed for such costs.
3. The competent administrative authorities of the two States adopt a special agreement in order to offer adequate guarantees concerning the protection of the privacy and fundamental freedoms and rights of persons when transferring personal data.
Rule 54
Medical examinations and medical expertise
1. Medical examinations—medical checks or interventions by a specialist physician—in respect of persons who reside or reside in the territory of the other State are carried out at the request of the competent institution or, in cases provided for by the general administrative arrangement referred to in Article 51 of this Agreement, directly by the institution of the place of residence or residence. The costs incurred are the responsibility of the competent institution. However, they are not reimbursed when these reviews are carried out in the interest of the institutions of both States.
2. Medical expertise carried out within the framework of a dispute and provided for in the legislation of one of the two states can be carried out in the territory of the other State. The institution of this State lends its good offices for the realization of these expertises, including:
- by making available to the institutions of the other State a list of approved experts or by appointing experts at their request;
― by regulating the costs of the expertise to be fully reimbursed by the competent institution of the other State.
3. The costs referred to in paragraphs 1 and 2 above shall be reimbursed in the same manner as those provided for in Article 50 of this Agreement.
Rule 55
Languages of communication
1. Any acts, documents or documents sent for the purposes of this Convention by the beneficiaries of this Convention to the competent bodies, authorities and courts in the field of social security in France or Morocco are validly written in the official language of either State.
2. For the purposes of this Convention, the competent authorities, the competent institutions and the liaison bodies of the two States may communicate in French, directly between them, with the persons concerned or with the agents of the latter.
Rule 56
Exemption of taxes and exemption from legalization
1. Any exemption or reduction of taxes, stamp duties, judicial fees or fees for the registration of acts or documents required under the law of either State shall also be extended to the acts and documents required under this Convention or the law of the other State.
2. All acts, documents or other documents of an official nature, to be produced for the purposes of this Convention, are exempted from legalization or any other similar formality.
Rule 57
Introduction of applications, declarations or appeals
Requests, declarations or appeals made for the purposes of this Convention, to a competent authority, competent institution or liaison agency of one of the two States shall be deemed to be requests, declarations or appeals filed with the competent authority, competent institution or corresponding liaison agency of the other State.
Rule 58
Payment funds
1. The institutions make the payment of benefits in the currency of their State.
2. Payments made between institutions pursuant to this Convention shall be in the currency of the receiving State of these payments.
Rule 59
Repetition of the industrious
Where the institution of one of the two States has paid to a beneficiary of benefits an amount that exceeds the amount to which it is entitled, the institution may, under the conditions and limits provided for in the legislation it applies, request the institution of the other debiting State of benefits of the same kind in favour of that beneficiary, to retain the amount paid in excess of the amounts paid by the institution to the beneficiary. The latter institution operates the deduction on benefits of the same nature under the conditions and limits provided for such compensation by the legislation it applies as if it were overpayment by itself and transfers the amount retained to the financial institution.
Rule 60
Collection of contributions
1. The collection of dues due to an institution of one of the two States may be carried out in the territory of the other State, in accordance with the administrative procedure and with the guarantees and privileges applicable to the collection of dues dues from the latter State.
2. The enforceable decisions of judicial authorities and administrative authorities concerning the collection of dues, interest and fees established under one of the two States, which are no longer subject to appeal, shall be enforced at the request of the competent institution in the territory of the other State according to the procedures provided by the law of the latter State. These decisions are declared enforceable in the territory of the State in which the institution required by the competent body is established, to the extent that the legislation of that State requires it.
3. In the event of forced execution related to a collective proceeding or bankruptcy, the claims of the institution of one of the two States shall, in the other State, enjoy the same privileges as those granted by the law of the latter State in its territory to the claims of the same nature,
4. The terms and conditions for the application of the provisions of this Article shall be settled, if necessary, by means of agreements between the two Contracting States.
Rule 61
Third-party remedies
If a person benefits under the law of one of the two States for damage resulting from events in the territory of the other State, the potential rights of the debiting institution against the third party held to the compensation of the damage shall be paid as follows:
(a) where the said institution is subrogated, under the legislation it applies, in the rights that the beneficiary holds in respect of the third party, that subrogation is recognized by the other State;
(b) where the said institution has a direct right to the third party, the other State recognizes that right.
Chapter III
Transitional and final provisions
Rule 62
Repeal and transitional measures
1. By the entry into force of this Convention, are repealed between the French Republic and the Kingdom of Morocco:
– the general social security agreement of 9 July 1965 and all its stakeholders;
– Protocol No. 1 of 9 July 1965 on the granting of the allowance to old workers employed from French legislation to Moroccan nationals;
– Protocol No. 2 of 9 July 1965 on the social insurance scheme of students;
- the supplementary agreement signed in Rabat on 7 May 1976 relating to the social security regime of the sailors, as amended by Act No. 1 to the supplementary agreement signed in Paris on 21 May 1979;
― the exchange of letters of May 7, 1976 relating to the marine social security regime;
― the coordination agreement of March 31, 1961 on the accession of French employees of Morocco and Tunisia to the scheme of voluntary old age insurance;
the protocol on the terms and conditions for the application of the convention of March 31, 1961;
- Protocol No. 3 of 9 July 1965 on financial regulations related to social security or social security operations;
– the exchange of administrative letters of 23 June 1972 relating to the transfer of voluntary insurance premiums from Morocco to France due under French legislation on old age insurance;
― the exchange of administrative letters of January 15, 1977 relating to the transfer, from Morocco to France, of social security and unemployment insurance contributions due under French legislation by employed workers residing in Morocco.
2. The liquidated rights under the Agreement of 9 July 1965 and other texts listed in paragraph 1 of this Article shall remain acquired.
3. Requests for benefits made prior to the entry into force of this Agreement, but not having taken place at that date, at a decision, are considered under the Agreement of 9 July 1965 and this Agreement. The most favorable solution for the insured is retained.
Rule 63
Entry into force of the Convention
Each Contracting State shall notify the other, through diplomatic channels, of the fulfilment of the necessary legislative and constitutional procedures with regard to the entry into force of this Convention. It takes effect on the first day of the second month following the date of receipt of the last notification.
Rule 64
Duration of the convention
1. This Agreement shall be concluded for an indefinite period. It may be denounced by either of the Contracting States. The Convention shall cease to produce its effects upon the expiration of a period of twelve months from the date of notification, by diplomatic means, of the denunciation.
2. In the event of denunciation, the provisions of this Convention shall remain applicable to acquired rights.
In faith, the undersigned, duly authorized to do so, have signed this Convention.
Made in Marrakech on 22 October 2007 in two original copies, in Arabic and French, both texts being equally authentic.
For the Government
of the French Republic:
Jean-Pierre Jouyet,
Secretary of State
European Affairs
For the Government
of the Kingdom of Morocco:
Jamal Aghmani,
Minister of Employment
and Vocational Training
PROTOCOL ANNEX TO THE CONVENTION ON SOCIAL SECURITY RELATING TO THE TRANSFER OF COTISATIONS TO THE CAISSE OF THE FRENCH OF
The Government of the French Republic, on the one hand,
and
The Government of the Kingdom of Morocco, on the other hand, hereinafter referred to as the Contracting States,
agreed that:
Article 1
Scope
This protocol establishes the free transfer of voluntary insurance contributions in situations where the voluntary insurance contribution is not provided for in the social security agreement.
It applies to persons who have joined and contributed to the Caisse des Français de l'Etranger.
Article 2
Recognition of the principle of free transfer
The Government of the Kingdom of Morocco recognizes, for the benefit of persons residing in Morocco who are affiliated with the Caisse des Français de l'Etranger, the principle of the free transfer to France of their contributions to the caisse. This recognition does not exempt them from the obligation to contribute to the compulsory insurance scheme provided for in Moroccan legislation, as long as they meet the conditions.
Article 3
Entry into force
Each Contracting State shall notify the other, through diplomatic channels, of the fulfilment of the necessary legislative and constitutional procedures with regard to the entry into force of this Protocol. The latter takes effect on the first day of the second month following the date of receipt of the last notification.
Article 4
Duration of protocol
1. This Protocol shall be concluded for an indefinite period. It may be denounced by either of the Contracting States. The Protocol shall cease to produce its effects on the expiry of a period of twelve months from the date of notification, through diplomatic channels, of the denunciation.
2. In the event of denunciation, the provisions of this Protocol shall remain applicable to acquired rights.
In faith, the undersigned, duly authorized to do so, have signed this Protocol.
Done in Marrakech on 22 October 2007, in two original copies, in French and Arabic, both texts being equally authentic.
For the Government
of the French Republic:
Bernard Kouchner,
Minister of Foreign Affairs
and European
For the Government
of the Kingdom of Morocco:
Jamal Aghmani,
Minister of Employment and
Training
Done on 24 May 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of State,
Minister for Foreign Affairs
and European,
Alain Juppé
