10.01.2013 Views

The_Open_Door_deel1

The_Open_Door_deel1

The_Open_Door_deel1

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

-111-<br />

<strong>The</strong> concession agreement, with a term of 40 years and an option<br />

for an additional term of 40 years, granted the right to engage in<br />

oil palm cultivation and cattle ranching, and all their related<br />

operations, and the right to engage in the production of other<br />

agricultural commodities though the latter was subject to the<br />

prior written approval of the Secretary of Agriculture in case the<br />

area dedicated to such production would exceed 5 acres. Liberian<br />

Operations Inc. (LIBINC) obtained two concessions areas: one area<br />

("Parcel A") of about 4,500 acres of which approximately 320 acres<br />

were already planted with oil palms at the time of the signing of<br />

the agreement, and one area ("Parcel B") of 30,000 acres<br />

contiguous to Parcel A. <strong>The</strong> use of timber for the operations of<br />

the company was allowed, however, the sales of timber required<br />

prior written approval of the Government establishing the<br />

conditions and terms regulating such commercial exploitation.<br />

<strong>The</strong> concessionaire obtained an income tax holiday of ten years<br />

from the first year of marketable production whereas "marketable<br />

production" was considered to have begun five years from the<br />

effective date of the agreement, April 14, 1966. This took into<br />

consideration that oil palms generally start producing after 4 to<br />

5 years. No taxes were to be imposed on dividends paid by LIBINC<br />

from income arising as a result of the operations authorized by<br />

the concession agreement. It was also made exempt from import<br />

duties and other charges on imported goods and materials which<br />

were to be used for the purpose of the concession, and whereas<br />

this exemption was granted for 8 years starting from the effective<br />

date of the agreement the exemption granted from export duties or<br />

other levies on its produce was for an unspecified period, only<br />

limited by the term of the concession agreement. Also not<br />

specified was the term of exemption granted to non-Liberian<br />

employees who were exempt from a number of taxes, all named in the<br />

agreement.<br />

LIBINC became entitled under the agreement to the access to and<br />

use of public highways, the construction of communication,<br />

transportation, and power facilities ("Accessory works and<br />

installations") within its concession area, only limited by the<br />

obligation to obtain the permission of the Government prior to<br />

the installation of hydro-electric works. Furthermore it was<br />

granted the right to construct railroads or other works It might<br />

want to build outside the concession area granted, it was entitled<br />

to the access to port facilities, the use of public communications<br />

facilities.(though upon payment of a certain sum), police<br />

protection of the company's employees and the company's interest<br />

in the country, and the use of ground and surface water within its<br />

concession area.<br />

It should be noted that the company was given the exclusive right<br />

to occupy the concession area it had obtained. It was expressly<br />

stated that if this exclusive right would make it necessary to<br />

expropriate any tribally or privately owned lands within this<br />

(concession) area, agreement over the cost of expropriation of<br />

property and crops would have to be reached. If the owner(s) of<br />

these lands and the company were unable to reach agreement over<br />

this issue the good offices of the Secretary of Agriculture would<br />

have to be used to settle this problem (52). <strong>The</strong> same provision<br />

applied in the case of construction by the company of facilities

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!