Implementation in specific instances
Any person or any organization that believes that the OECD Guidelines may not been complied by a company (national company or multinational company) operating in Morocco, or by a Moroccan company operating in any other country, can submitt a specific instance to the Moroccan NCP.
The Moroccan NCP will contribute to the resolution of the issues raised by:
Step 1 : Initial assessment (three months)
Initial assessment ( three months )
The 3-month period begins from the reception of the Form (Request online) completed by the party and sent to the NCP online or by email or any other way. If necessary, NCP can ask for other informations; the perdio of three months starts then from the reception of the entire documents and informations.
At this stage, the NCP conducts an initial assessment of whether the issue raised by the complainant does or not merit further examination by the NCP and offer good offices to contribute to its resolution and informs the parties.
Important: The NCP handles any complaint even if a parallel proceedings ( judicial or extra-judicial ) have been conducted, are on going or are accessible to the parties concerned.
1st case: the complaint is not admissible
The NCP shall issue a press release setting out the issues raised and the reasons for its decision, after consulting the parties concerned and taking into account the need to respect the confidentiality of data deemed confidential and the identity of the parties.
2nd case: the request is admissible
The NCP closes the initial assessment and issues a press release summarising the facts and procedures followed by the NCP in deciding on the admissibility of the complaint. The identity of the parties remains confidential.
The NCP offers its good offices to help the parties find a solution to the issues raised.
Important: The fact that the NCP accepts a specific intance for further examination does not mean that the OECD guidelines have not been respected by the company.
Step 2 : Proposal of Good offices ( six months )
Proposal of Good offices //six months
If the NCP decide that the issues merit further examination, then it proposes its good offices to assist the parties involved to resolve the issues.
In that case, NCP, after consultation with parties involved, will offer or facilitate to, consensual and non adversarial procedures, such as conciliation and mediation,to assit in dealing with the issues at hand.
In some specific cases, the NCP may use the services of an external mediator.
The NCP will contribute to the resolution of the issues that arise relating to implementation of the OECD guidelines in a manner that is impartial, ndependant and transparent. In addition, the confidentiality of the process is ensured at this stage.
Step 3 : Final statement ( three months )
Final statement //three months
The 3 months period starts from the end of the good offices proposed by NCP, whether the parties have or not reached an agreement.
At the end of the process and consultation with the parties involved, the NCP publishes the results of the proceedings, respecting the confidentiality of some information.
The NCP will publish :
- A statement when no agreement is reached by the parties. In this case, the NCP can make a set of recommendations to the company. The NCP may also, in consultation with the parties, follow up on its recommendations.
- A report when the parties have reached agreement on the issues raised. The NCP can also follow on the agreement, with consultation with parties.
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