This comprehensive guide is based on the regime established by Law No. 19-94 on Export Free Zones (ZFE), now referred to as Industrial Acceleration Zones (ZAI) in Morocco.
INSTALLATION GUIDE IN EXPORT FREE ZONES (ZFE / ZAI)
I. Definition and Strategic Interest
An Export Free Zone is a defined area of the customs territory where industrial activities and related services are exempt from customs legislation and the control of foreign trade and exchange, thus benefiting from specific tax advantages.
The ZFE/ZAI regime aims to strengthen the territory's competitiveness, notably through integrated platforms such as Tanger Med, described as a global logistics hub. Tanger Med, the No. 1 container port in Africa and the Mediterranean, is a strategic hub for international operators seeking to optimize their export and regional distribution operations toward European, African and American markets.
1. Permitted Activities
In principle, all export-oriented activities of an industrial or commercial nature, as well as related service activities, may be authorized.
Typical sectors operating in the activity zones adjacent to Tanger Med include:
* Automotive (main clients: Renault and PSA).
* Aeronautics.
* Electronics and agri-food.
* Offshoring.
* Textile and leather industry.
II. The Development and Management Framework
The development and management of each ZFE/ZAI is entrusted to a Development and Management Organization (OAG), which may be a public or private body selected through a competitive tender process.
Role of the OAG:
- Infrastructure: The OAG draws up the development plan and ensures the construction and maintenance of roads, water, electricity, sanitation and telecommunications networks.
- Real Estate: It manages the rental of buildings, warehouses and open-air storage areas to users. For example, the Tanger Med Logistics Free Zone offers dedicated ready-to-use warehouses and offices.
- Investor Assistance: The OAG is responsible for welcoming investors and assisting them in preparing their authorization application files.
- Logistics Support: Value-added logistics services (groupage, distribution and supply) are available.
III. Installation Procedure (Authorization)
Installation is subject to obtaining a specific authorization.
| Step | Description | Legal Basis / Deadline |
| 1. File Submission | The investor submits their authorization application to the Development and Management Organization (OAG), along with the documents and commitments required by the zone's internal regulations. | |
|---|---|---|
| 2. Review and Commission | The OAG reviews the file and submits it to the local ZFE commission, chaired by the *wali* or *governor* of the relevant province. | |
| 3. Obtaining Authorization | Authorization is granted by the *wali* or *governor* based on the binding opinion of the commission. Authorization must be issued within a maximum of thirty (30) days of file submission. After this deadline, the application is deemed accepted. | 30 days |
| 4. Completion and Contract | The authorization sets the project completion deadlines. The authorization thus granted exempts the investor from other formalities relating to the necessary constructions and installations. | |
| 5. Operation | The investor obtains the operating permit and can commence their activity. |
In the event of rejection, the investor may refer the matter to the Prime Minister within eight days, who will rule within the following thirty days.
IV. Control Regime and Competitive Advantages
The ZFE/ZAI regime is particularly advantageous, especially for export.
1. Customs Regime and Foreign Trade Control
* Customs Exemption: Goods entering or leaving ZFEs are exempt from all duties, taxes or surcharges on importation, circulation, consumption, production or exportation.
* Flow Control: The import and export of goods are not subject to legislation on the control of foreign trade and exchange.
* Goods Status: Goods entering a ZFE from the taxable territory are considered exported.
* Length of Stay: The length of stay of goods is not limited, unless the OAG deems it necessary based on the nature of the goods.
2. Foreign Exchange Regime
* Freedom of Exchange: Commercial, industrial and service operations conducted with foreign countries benefit from complete freedom of exchange.
* Settlements: Settlements for operations carried out within ZFEs must be made exclusively in convertible foreign currencies.
* Resident Investment: Legal entities with registered offices in Morocco and Moroccan individuals residing in Morocco must invest in ZFEs in compliance with the exchange regulations in force.
3. Main Tax Advantages (under Law No. 19-94)
> The advantages granted by this law are exclusive of any other advantage provided for by other investment incentive laws.
| Tax | Advantage | Duration / Rate |
| Corporate Income Tax (IS) | Total exemption (start of operations) | First 5 consecutive fiscal years, then taxed at the 20% rate for subsequent fiscal years |
|---|---|---|
| Business License Tax (Professional Tax) | Exemption | First 15 consecutive years of operations |
| Urban Tax | Exemption (on buildings, machinery, equipment) | 15 years from completion or installation *(does not extend to the municipal services tax)* |
| VAT | Exemption | On goods delivered and services provided to ZFEs from the taxable territory |
| Registration / Stamp Duties | Exemption | On acts of incorporation / capital increase and acquisition of land for investment |
| Dividends (non-residents) | Subject to withholding tax | In accordance with applicable international tax treaties |
V. Key Obligations and Restrictions
To maintain the special customs status of the ZFE, several rules of conduct and establishment must be observed:
* Residence: It is forbidden for individuals to reside within export free zones.
* Sales: Retail sales are prohibited within ZFEs.
* Goods: The entry of prohibited goods (under the Customs Code) or hazardous waste is forbidden.
* Documentation: Companies are obligated to provide the OAG with the documents necessary to monitor their activities.
* Sanctions: Any breach of the provisions of the law may result, upon proposal by the local commission, in: a warning, a fine of up to USD 25,000 maximum, or the withdrawal of authorization.