House Of Representatives Open Hearing On Mineral Development Agreement Between The Government Of Liberia And Bao Chico Resources Liberia Limited

Monrovia, Liberia- November 2, 2021: A joint Committee made of Investments, Mines & Energy, Judiciary and Ways Means and Finance Development Planning has begun public hearings into the Mineral Development Agreement between the Government of the Republic of Liberia and the BAO CHICO Resources Liberia Ltd at the Honorable House of Representatives up Capitol Hill in Monrovia.

The Joint Committee is chaired by Rep. Clarence Massaquoi, the Committee is currently review a communication from the President, requesting the body to ratify an agreement between the Government of Liberia and BAO CHICO Resources Liberia Ltd. and report to plenary immediately after the Legislative Break in January of 2022.

According to the communication from the President, the Mineral Development Agreement between the Government of Liberia and BAO CHICO Resources Liberia Ltd is for the extraction of iron ore, to be operated under a Class A Mining License for an initial term of 25 years from the effective date.
The witnesses appearing for the first day hearing were; Mines & Energy Minister and Deputy for Operations Gesler E. Murray, and Emmanuel O. Sherman along with National Investment Commission Chairman Molewuleh B. Gray.

The Witnesses told the Joint Committee that BAO CHICO Resources Liberia Ltd. is a corporation duly registered under the laws of Liberia, TIN Number 500118730 for mineral exploration and mining in Liberia and on the 12th of August 2008, the company was granted an Exploration License MEL 12005 in accordance with Section 1.2 of the Exploration Regulations for the exploration of Mineral Products within the area specified on the license which covered a total area of 87.4km2 within Gbarpolu County.

The company’s license, which was renewed on the 15th of August 2013, is expected to provide direct benefits in the form of employments and revenue generation.

In terms of financial benefits, According to the witnesses the company shall pay all taxes and duties and conform to all procedures pursuant to applicable law; the company shall be taxed on its net taxable income at a rate not to exceed 25 percent; pay the Government’s royalties on all its mineral product sales and transfers for iron ore, a royalty of 4.5 percent determined in accordance with Section 703 of the Revenue Code and for other minerals, as provided for in the Revenue Code and pay into the Government’s general revenue account a signature fee of US$3 million, payable according to the following schedule: that US$1.5 million within 30 business days of the effective date; (ii) US$1 million on the first anniversary of the effective date; and (iii) US$0.5 million on second anniversary of the effective date.

The witnesses said in the space 10 years following the effective date, the company shall pay an annual lump sum amount of US$60,000 to be paid in two instalments of US$30,000 each on January 15 and July 15 of each calendar year.

Pursuant to Section 18.4 of the Mining Law, the company shall make one-time contribution of US$10,000 to the Mineral Development Fund, payable on the Effective Date. Pay an annual surface rental fee for all land within the production area of US$50,000 from the effective date up to the fifth anniversary of the effective date; from the sixth anniversary through the term, the company shall pay an annual surface rental fee for all land within the production area of US$30,000.

In terms of social/economic benefits, as part of its social contribution, BAO CHICO Resources Liberia Ltd. is expected to provide the followings, an annual social contribution of US$300,000 commencing on the effective date until the fifth anniversary of the effective date, and an annual social contribution of US$500,000 from the sixth anniversary of the effective date until the end of the term.
A General Education Funding of US$80,000 to Gbarpolu County, contributed annually through a company administered program.

Pay a Scientific Research Fund of US$50,000 annually, commencing on the start of commercial production and payable thereafter on the anniversary of the effective date through the term. This amount shall be paid into the general revenue account of the Government for the Scientific Research Fund aimed at generating geo-scientific data and information.

The NIC Boss averred that apart from the benefits listed, the company is also expected to provide to the people of Liberia from the start of Commercial Production, either directly or indirectly, ensure access to housing for the employees and any such contractor and shall ensure that such housing has provisions for bathroom facilities and conforms to minimum standards to be agreed between the Government and the company and approved by the Ministry of Public Works.

Upon the commencement of construction of mining plant and infrastructure, the company shall construct, operate, and maintain or cause to be constructed, operated and maintained during operations, health facilities to ensure the availability in the production area a 24-hour emergency medical treatment, care and attention, constructed in accordance with applicable law, and such other improved standards as may be agreed between the parties.
Following the witnesses lengthy presentation, the joint Committee members were very keen in questioning the witnesses about the agreement; something Rep. Vincent Willie said the issue of Investment must benefit the people and not just beautiful presentation and after it has been ratify the company fail to live up to the agreement.

Chairman Clarence Massaquoi says the issue of investment must not be taken lightly as the joint committee will critically scrutinize the instrument before taking a decision, and at the same time has called on the public or Individuals having any information of the Company to advice the Committee.

For his part Montserrado County District #8 Representative Acarous Moses Gray frowned on the Executive for what he calls an attempt to usurp the function of the Honorable House of Representatives by first going through the Senate before coming to the House, when in fact bills concerning revenue must emanate from the lower House.

Courtesy of the House Press Bureau

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