Summary pursuant to sections 52 to 55 of the Constitution.
Key words foreign and European Affairs, INTERNATIONAL agreement, BILATERAL agreement, FRANCE, Morocco, CONVENTION, mutual assistance, material criminal JORF n ° 0190 August 18, 2011 page 13986 text no. 2 order No. 2011-960 of the August 16, 2011, on the publication of the convention on mutual assistance in criminal matters between the Government of the French Republic and the Government of the Kingdom of Morocco, signed in Rabat on April 18, 2008 (1) NOR : MAEJ1117212D ELI: https://www.legifrance.gouv.fr/eli/decret/2011/8/16/MAEJ1117212D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2011/8/16/2011-960/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of State, Minister of foreign and European Affairs, pursuant to the Constitution, particularly articles 52 to 55.
Pursuant to law n ° 2010-609 7 June 2010 authorizing approval of the convention on mutual assistance in criminal matters between the Government of the French Republic and the Government of the Kingdom of Morocco;
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and publication of international commitments entered into by France, enacts as follows: Article 1 the convention on mutual assistance in criminal matters between the Government of the French Republic and the Government of the Kingdom of the Morocco, in Rabat on April 18, 2008, signed will be published in the Official Journal of the French Republic.
Article 2 the Prime Minister and the Minister of State, Minister of foreign and European Affairs, are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Annex C O N V E N T I O N of mutual judicial EN material criminal between the Government the Republic FRANÇAISE and the Government of Kingdom of Morocco below designated Parties, wishing to establish more effective cooperation in the field of mutual assistance in criminal matters, have agreed as follows: Article 1 scope 1. The Parties undertake to agree mutually according to the provisions of this Convention, the widest possible legal aid in proceedings for offences whose punishment is at the point where assistance is requested, the jurisdiction of the judicial authorities of the requesting party.
((2. mutual legal assistance shall also be granted: a) in civil actions joined to criminal proceedings, as long as the Criminal Court has not yet definitively ruled on the criminal action, b) in the statement and notification on enforcement procedures penalties or security measures;
3. this Convention applies to execution of decisions on the arrest or to military offences, which are not offences under ordinary law or the enforcement of judgments of convictions subject to the provisions of paragraph 2 of this article.
Article 2 authorities except as provided in this Convention, the competent authorities for the implementation of this Convention shall, for the French Republic and the Kingdom of Morocco, the judicial authorities.
Article 3 Restrictions for mutual assistance 1. Mutual legal assistance may be refused: a) if the request relates to offences considered by the requested either party as political offences, or as offences related to political offences. However, for the purposes of this Convention, are not considered as political offences life violations directed against the person of a head of State of one of the Parties or a member of his family.
(b) if the requested Party considers that execution of the request is likely to prejudice the sovereignty, security, public order or other essential interests of his country.
2. mutual legal assistance may be refused on the sole ground that the request relates to an offence which the requested party qualifies for tax violations.
3. the application may not be refused on the ground that the law of the requested Party does not impose the same kind of tax or tax, or does not contain the same type of regulation for taxes and taxes, customs and Exchange as the law of the requesting party.
4. the requested Party may not invoke bank secrecy as a ground for rejecting a request for mutual assistance.
5. in before to refuse mutual legal assistance under paragraph 6 the requested Party appreciate if it can be given to the conditions it deems necessary. If the applicant agrees, it must comply.
6. any refusal or postponement of judicial assistance is motivated and notified to the requesting party.
Article 4 content of requests for assistance 1. Requests for assistance shall contain the following information: a) the designation of the authority submitting the request;
(b)) the object and the grounds for the request, including a brief statement of the facts, their date and place of commission;
(c) a description of the judicial proceedings to which the request;
(d) the applicable texts, including texts of incrimination);
(e)) in the extent possible, the identity and the nationality of the person who is the subject of the procedure, and f) the name and address of the recipient, if applicable.
2. Requests for assistance may also contain: a) any requirement of confidentiality in accordance with article 8;
b) details of any particular procedure the requesting party wishes to see applied;
(c) time limits to be acceded to the request and the reasons for this date).
3. Requests for mutual legal assistance and the accompanying documents may be sent either in the language of the requesting party or the requested Party.
Article 5 Transmission of requests for assistance 1. Requests for assistance are made in writing, or by any means capable of producing a written record under conditions allowing the receiving party to establish its authenticity. The requests are sent directly by the central authority of the requesting party to the central authority of the requested Party and the responses returned by the same route.
2. in the case of duly substantiated emergency requests for assistance can be addressed directly by the judicial authorities of the requesting party to the judicial authorities of the requested Party. The central authority of the requesting party sends the original of the application to the central authority of the part required as soon as possible. Documents relating to the execution of these requests are returned in accordance with paragraph 1 of this article.
3. If the authority receives a request for mutual assistance is incompetent to proceed, it Office forwards this request to the competent authority of his country and shall inform the applicant party.
Article 6 central authorities the central authority for the French Republic is the Ministry of justice. The central authority for the Kingdom of the Morocco is the Ministry of justice.
Article 7 Execution of requests for assistance 1. Requests for assistance are executed in accordance with the legislation of the requested Party.
2. at the request of the requesting party, the requested party complies with the formalities and procedures expressly indicated by the requesting party, unless otherwise provided by this Convention and provided that such formalities and procedures are not contrary to the fundamental principles of the law of the requested Party.
3. where the request cannot be executed, or cannot be executed fully, the authorities of the requested Party shall immediately inform the authorities of the requesting party and indicate the conditions in which the application could be executed. The authorities of the two parties may subsequently agree on follow-up to book to demand, if necessary, by subordinating it to respect those conditions.
4. the requested Party runs the request for assistance as soon as possible, taking into account best procedure or other deadlines indicated by the applicant. It explains the reasons for this date. Where appropriate, the requested Party is quickly has the knowledge of the applicant any circumstance likely to significantly delay the execution of the request.
5. If it is foreseeable that the deadline set by the requesting party for executing its request cannot be respected and if the reasons referred to in paragraph 4, second sentence, show concretely that any delay will hinder considerably the proceedings conducted in the requesting party, the requested party authorities shall indicate without delay the estimated time needed for execution of the request. The authorities of the requesting party indicate without delay if demand is nevertheless maintained. The authorities of the requesting party and the requested party can then agree on follow-up book on demand.
6. the requested Party may postpone assistance if execution of the request is likely to impede an investigation or pending prosecutions.
7. If the applicant expressly requests, the requested party informs him of the date and the place of execution of the request for assistance. If the competent authorities of the requested Party agree, the competent authorities of the requesting party, their representatives or the persons mentioned in the request, as well as persons designated by the central authority of the requesting party, can watch the execution thereof. To the extent permitted by the law of the requested Party, the authorities of the requesting party or the persons mentioned in the request, can interrogate a witness or an expert.
8. when they attended the execution of the request, the competent authorities of the requesting party, their representatives or the persons mentioned in the request, can directly receive a certified copy of the performance parts.
9. the requested Party may transmit only copies or certified photocopies compliant folders or documents. However, if the applicant expressly requests originals communication, it is given that request as far as possible.
10. the requested Party may postpone delivery of the objects, folders, or documents whose disclosure is sought, if they are required for any criminal proceedings in progress.
11. objects, as well as the original records and documents, in execution of a request for mutual assistance, are returned as soon as possible by the applicant to the part required, unless it expressly renounces.
Article 8 confidentiality and speciality 1. The requested Party respects the confidentiality of the request for mutual assistance and its content under the conditions provided for by its legislation.
If the request cannot be executed without prejudice to confidentiality, the requested Party shall inform the requesting party who decides to nevertheless follow up execution.
2. the requested Party may request that the information or the evidence provided remain confidential or be disclosed or used only according to the terms and conditions it will be specified. When it intends to make use of these provisions, the requested Party shall inform previously the applicant. If the requesting party accepts these terms and conditions, it is obliged to respect them. Otherwise, the requested Party may refuse assistance.
3. the requesting party may not disclose or use information or an item of evidence provided or obtained in accordance with this Convention for purposes other than those that have been set forth in the request without the prior consent of the requested Party.
4. According to the case, the party who submitted the information or evidence may request the party to which such information or have been transmitted to inform it of the use which had been made.
5. when conditions regarding the use of the information or evidence have been imposed in accordance with article 24, paragraph 2, these conditions prevail over the provisions of this article. In the absence of such conditions, the provisions of this article shall apply.
6. This section does not apply to the information or evidence obtained by a party pursuant to this convention from that party.
Article 9 additional requests for mutual legal assistance 1. If it appears necessary, in execution of a request for mutual legal assistance, to undertake investigations which, if does not expressly contained in the application, in particular because the need for such investigations was ignored at the time where this request has been made, can be useful in establishing facts, the requested Party shall immediately inform the authorities of the requesting party to enable them to take further steps , indicating, where appropriate, the terms and conditions under which this information may be communicated.
2. If the competent authority of the applicant makes a request for mutual legal assistance that complements an earlier application, it is not required to give the information already provided in the original application. The divisional application contains the information necessary for the identification of the initial application.
3. If the competent authority which makes a request for judicial assistance participates in its execution in the requested Party, it can send a supplementary request directly to the competent authority of the requested Party as long as it is present on the territory of that party.
Article 10 attendance of witness or expert in the applicant 1. If the applicant considers that the personal appearance of a witness or expert before its judicial authorities especially necessary, it mentions it in the request for surrender of the summons and the requested party invite the witness or expert to appear.
The required part know the answer of the witness or expert to the requesting party.
2. in the case provided for in paragraph of this article, the request or the summons must mention the approximate amount of the compensation, as well as travel and living expenses to be refunded. Of compensation, as well as travel and living expenses to be refunded to the witness or expert by the requesting Party shall be calculated from the place of his residence and are granted at rates at least equal to those provided by the rates in force on the territory of the party where the hearing must take place.
3. upon request, the witness or expert may receive through the consular authorities of the requesting party advance of part or all of his travel expenses.
4. the witness or expert who has failed to answer a summons to appear whose surrender has been requested may be submitted, even though this summons contains a notice of, to any punishment or measure of constraint, unless he goes later voluntarily in the territory of the requesting party and that it is regularly quoted again.
5. where a party makes a request for assistance concerning a witness who is in need of protection, the competent authorities of the two Parties can agree on measures aimed at the protection of the person concerned.
Article 11 immunities 1. No witness or expert, of any nationality make it, which, as a result of a quote, appears before the judicial authorities of the requesting party, shall be prosecuted, detained or subjected to any other restriction of his personal liberty in the territory of that party for acts or convictions prior to his departure from the territory of the requested Party.
2. no person, regardless of nationality, cited before the judicial authorities of the requesting party in order to respond to facts for which she is the subject of proceedings, can be neither continued, neither owned, nor subjected to any other restriction of personal liberty for acts or convictions prior to his departure from the territory of the requested Party and not covered by the citation.
3. the immunity provided for in this section ceases when the witness, expert or prosecuted person, having had the opportunity to leave the territory of the requesting party for thirty consecutive days, after his presence was no longer required by the judicial authorities, has nevertheless remained in the territory or has returned after having left.
Article 12 transfer of detainees for the purpose of mutual assistance 1. Any person in custody in the requested Party whose personal appearance as a witness or for the purposes of confrontation is requested by the applicant is temporarily transferred the territory where the hearing must take place under condition of his discharge within the time limit indicated by the requested Party.
2. the transfer may be refused: a) if the detainee does not; consent
(b) if his presence is necessary in a criminal proceedings in progress in the territory of the requested Party;
(c) if the transfer is likely to extend her detention;
or (d) if other compelling considerations oppose his transfer in the territory of the requesting party.
Article 13 transfer temporary, for the purpose of a statement of persons detained in the event of agreement between the competent authorities of the Parties, the applicant who requested a measure of inquiry requiring the presence of a person detained on its territory may temporarily transfer that person in the territory of the requested Party.
Article 14 rules common to articles 12 and 13 for the purposes of the provisions of articles 12 and 13: a) the requests for transfer and communications y related are transmitted by the central authorities of the Parties;
(b) the agreement between the competent authorities of the Parties provides for the arrangements for the temporary transfer of the person and the period within which it must be returned on the territory of the party where she was previously held;
(c) if it is required that the person concerned consents to the transfer, a declaration of consent or a copy thereof is provided without delay by the Party on the territory of which the person is detained;
(d) the person transferred shall remain in detention on the territory of the party in which it is transferred, unless the Party on whose territory it is detained requests his release. The period of detention in the territory of the party in which the person is transferred shall be deducted from the period of detention that must suffer the person concerned;
(e) the provisions of article 11 shall apply mutatis mutandis.
Article 15 deliveries 1. Each of the Parties undertakes to ensure that, at the request of either party, controlled deliveries may be permitted on its territory in the framework of criminal investigations into offences that may give rise to extradition.
2. the decision to use controlled delivery is taken in each individual case by the competent authorities of the requested Party, in accordance with the national law of that party.
3. the deliveries take place in accordance with the procedures laid down by the requested Party. The power to act, the direction and control of the operation belong to the competent authorities of that party.
Article 16 criminal responsibility of officials during the operations referred to in article 15, the officials of the party other than the party of intervention shall be assimilated to the agents thereof with respect to offences committed against them or that they commit.
Article 17 liability of officials 1. When, in accordance with article 15, officials of a party located in the territory of the other party, the first part is responsible for the damage caused by them during the course of the mission, in accordance with the law of the party in whose territory they are operating.
2. the Party on whose territory the damage referred to in paragraph 1 are caused assumes repair of such damage under the conditions applicable to damage caused by its own officials.
3. the party whose officials have caused damage to anyone on the territory of the other party shall fully reimburse this last the sums it has paid to the victims or their dependants.
4. without prejudice to the exercise of its rights with respect to third parties and with the exception of paragraph 3, each of the Parties refrain in the case provided for in paragraph 1, to ask the other party the reimbursement of the amount of the damages it has suffered.
Article 18 request for information in banking matters 1. At the request of the requesting party, the requested Party provides, as soon as possible, all information relating to the accounts of any kind, owned or controlled, in a store any in its territory, by a natural or legal person subject to a criminal in the requesting party investigation.
2. at the request of the requesting party, the requested Party provides information about specific bank accounts and banking operations carried out for a period determined on one or more accounts specified in the request, including information about any account transmitter or receiver.
3 at the request of the requesting party, the requested Party follows, for a specified period, banking operations carried out on one or several accounts specified in the request and shall notify the result to the requesting party. The practical monitoring arrangements subject to an agreement between the competent authorities of the requested party to the requesting party.
4. the information referred to in paragraphs 1, 2 and 3 are provided to the requesting party, even if it comes to accounts held by entities acting form or on behalf of trust funds or any other instrument of management of a patrimony by appropriation including the identity of the constituents or beneficiaries is not known.
5. the requested Party shall take the necessary measures to ensure that banks do not disclose to the customer concerned nor to other third parties that information have been transmitted to the requesting party in accordance with the provisions of this article.
Article 19 search warrants, seized and freezing of assets 1. The requested party running, insofar as its law permits, applications for search warrants, freezing of assets and seizure of exhibits.
2. the requested Party shall inform the requesting Party of the result of the carrying out of those applications.
3. the requesting Party shall comply with any conditions imposed by the requested Party as the seized objects provided to the requesting party.
Article 20 products of offences 1. The requested Party shall endeavour, upon request, to establish if the products of an offence under the law of the requesting party are located in its jurisdiction and shall inform the requesting Party of the results of its research. In its application, the applicant shall communicate to the requested Party the grounds on which is based its conviction that such products can be found within its jurisdiction.
2. If, in accordance with paragraph 1, the suspected products come from an offence are found, the requested Party shall take necessary measures permitted by its law to prevent that they are the subject of transactions, be transferred or assigned until a Court of the requesting party has taken a final decision in their regard.
3. the requested Party executes a request for assistance to proceed with the confiscation of the proceeds of an offence in accordance with its legislation.
4. the requested party must, insofar as its law so permits, and at the request of the requesting party, consider on a priority basis to restore to it products of offences, including for compensation of victims or restitution to the owner legitimate, subject to rights of third parties in good faith.
5. the proceeds of crime include instruments used for the commission of this offence.
Section 21 refund 1. The requested Party may, upon request of the requesting party and without prejudice to the rights of bona fide third parties, put objects obtained by illegal means at the disposal of the requesting party for their return to their rightful owner.
2. in the framework of the execution of a request for assistance, the requested Party may waive, either before or after their surrender to the requesting party, the return of the objects that were returned to the applicant if this can facilitate the return of these objects to their rightful owner. The rights of bona fide third parties are not affected.
3. in the event that the requested party waives the return of objects prior to their delivery to the applicant, it does no right of pledge or any other right of appeal arising from tax or customs legislation on these objects.
4. a waiver in accordance with paragraph 2 shall not affect the right of the requested Party of pcrcevoir with the rightful owner of the taxes or customs duties.
Article 22 sending and delivery of judicial documents in criminal matters 1. The requested Party shall carry out delivery of judicial documents that directed for this purpose by the applicant. They are immediately transmitted to the public prosecutor in whose jurisdiction is located the addressee of the Act. Delivery of acts is carried out according to one of the modalities provided for by the legislation of the part required for similar notifications.
2. where there is reason to believe that the addressee does not understand the language in which the deed is worded, this Act — or at least passages important — must be translated in the language of the other party. If the authority issuing the Act knows that the recipient knows that another language, the Act — or less passages important — must be translated into another language.
3. all judicial acts are accompanied by a note indicating that the recipient can obtain the Act, authority or other authorities of the party concerned, information on their rights and obligations concerning the Act. Paragraph 4 applies also to this note.
4. proof of delivery is done by means of a receipt dated and signed by the recipient or by a certificate of the requested Party concerning the fact, the form and the date of delivery. Any one of these documents is immediately transmitted to the requesting party. If delivery cannot be performed, the requested party actually find the reasons to the applicant.
5. This section does not affect the application of paragraph 4 of article 10 and articles 11 and 12.
6. the provisions of this article do not exclude the option for Contracting Parties to deliver directly by their representatives or delegates of these judicial and extrajudicial documents intended for their own nationals.
Article 23 denunciation for the purpose of prosecution 1. Any denunciation by one of the Parties to proceedings in the courts of the other party is transmitted through central authorities. The provisions of paragraph 3 of article 4 shall apply.
2. the requested Party will follow-up to the notification and shall transmit if applicable copy of the decision.
Article 24 Exchange spontaneous information 1. Within the limits of their national law, the competent authorities of the two Parties may, unless a claim has been made in this sense, transmit or Exchange information about criminal offences whose punishment or treatment falls within the competence of the receiving authority at the time the information is provided.
2. the authority that provides information may, relevant to its domestic law, subject to certain conditions on its use by the recipient. The recipient is required to comply with these conditions as having been notified in advance of the nature of the information, she agreed that the latter it is transmitted.
3. the spontaneous exchange of information are made and transmitted in accordance with the provisions of paragraph 1 of article 5.
Article 25 criminal and conviction notice
1. the requested Party shall communicate, to the extent where its judicial authorities might themselves get them in such a case, extracts from criminal records and all information relating to the latter requested of him by the judicial authorities of the requesting party for the purposes of a criminal case. Applications may be sent directly by the judicial authorities concerned to the competent authority of the requested Party, and the replies may be returned directly by this service.
2. for the French Republic, the competent service is "National criminal records". For the Kingdom of the Morocco, the competent body is the 'National Criminal Records Service'. Each Party shall notify the other any change of competent service.
3. in cases other than those provided for in paragraph I, it is given the request of the requesting party under the conditions laid down by law, regulation or practice of the requested Party. The requests are sent by the central authority of the requesting party to the central authority of the requested Party. Requests for copies of judgments and decisions are addressed directly to the competent judicial authorities.
Section 26 provides legalization parts and documents transmitted in application of this Convention shall be exempt from all legalisation formalities.
Article 27 costs subject to the provisions of paragraph 3 of article 10, the execution of requests for assistance does not give rise to reimbursement of any costs, except those incurred by the participation of experts in the territory of the requested Party and by the transfer of detainees carried out pursuant to articles 12 and 13.
Article 28 Consultations the Parties shall consult on the interpretation and application of this Convention through diplomatic channels.
Article 29 special provisions 1. Articles 8, 14 and 15 of the Convention on mutual legal assistance, enforcement of judgements and extradition between the Government of the French Republic and the Government of the Kingdom of Morocco, done at Paris on 5 October 1957, are repealed.
2. the provisions of this Agreement supersede other provisions of the Convention for mutual legal assistance, enforcement of judgements and extradition between the Government of the French Republic and the Government of the Kingdom of Morocco, done at Paris on 5 October 1957, as they are likely to apply to mutual legal assistance in criminal matters.
Article 30 final provisions 1. Each Party shall notify to the other the completion of the constitutional procedures required for the entry into force of this Convention.
2 this Convention shall enter into force the first day of the second month following the date of receipt of the last notification.
3. one or other of the Parties may denounce this Convention at any time by sending to the other, through diplomatic channels, a notification of denunciation. The denunciation shall take effect on the first day of the second month following the date of receipt of the said notification.
In witness whereof the undersigned, duly authorized, have signed the present convention.
Done at Rabat, April 18, 2008, in duplicate, in Arabic and French languages both texts being equally authentic.
For the Government of the French Republic: Bernard Kouchner Minister for Foreign Affairs and the Government of the Kingdom of the Morocco European: Abdelwhad Radi the Minister of justice made August 16, 2011.
Nicolas Sarkozy by the President of the Republic: Prime Minister François Fillon Minister of State, Minister of foreign and European Affairs, Alain Juppé (1) this agreement entered into force on June 1, 2011.