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-115-<br />

which is owned by a politically powerful and economically wealthy<br />

Liberian family, in September 1967 obtained an agricultural<br />

concession from the Government, and later transferred and assigned<br />

all rights and obligations it held under the concession agreement<br />

of September 5, 1967 to the West African Agricultural Corporation<br />

(WAAC), created especially for this purpose. This had been<br />

envisaged already at the time of the signing of the agreement.<br />

Foreign investors, mainly from the U.S.A., took a more than 50 per<br />

cent interest in the WAAC, the Sherman-family through its West<br />

African Investment and Finance Corporation and the Macars Group of<br />

Companies nearly 30 per cent, and other Liberian shareholders<br />

approximately 15 per cent (among them an investment bank which is<br />

majority-owned by the Liberian Government) (57).<br />

<strong>The</strong> concessionaire was granted the exclusive right to select<br />

within Grand Cape Mount County (a total area of approximately 1.4<br />

million acres) an area of 100,000 acres, the "Exploration Area",<br />

from which a (final) Concession Area of 35,000 acres would be<br />

selected. Exploration Area and Concession Area had to be selected<br />

within one and ten years respectively after the effective date of<br />

the concession agreement (the date of approval by the National<br />

Legislature). <strong>The</strong> concession area would be composed of<br />

"Exploitation Lots" of between 3,000 and 6,000 acres each. Rental<br />

for all land held by the concessionaire would be at the rate of 8<br />

cents per acre per annum. <strong>The</strong> company became entitled to free<br />

export of its products, no duties, charges or any taxes were to be<br />

levied on its exports and it would never be required to export<br />

through any agent not voluntarily chosen by it.<br />

<strong>The</strong> first fifteen years following the effective date of the<br />

agreement would constitute an income tax holiday as well as a<br />

period of exemption from the payment of customs duties and excise<br />

taxes with the exception of consular fees and other fees of<br />

general application. A remarkable condition stated that this<br />

import duty and excise exemption could not be applied to these<br />

goods and materials which can also be bought in Liberia on terms<br />

equally favourable to the WAAC and of a quality not inferior to<br />

that of the foreign products.<br />

Under this 50-year concession agreement the concessionaire was to<br />

engage in the cultivation of oil palm plantations (though other<br />

agricultural activities were also allowed) and the agreement<br />

differs only in some aspects from the concession granted to<br />

LIBINC, whereas the differences which were introduced represented<br />

laudable improvements (the President of the West African<br />

Investment and Finance Corporation had been Secretary of the<br />

Treasury in the 1950's and early 1960's). For the first time an<br />

agricultural concession contained a clause requiring the<br />

concessionaire to keep all original records and reports in Liberia<br />

which documents were to be available and accessible for inspection<br />

by the Government provided this inspection would take place during<br />

normal working hours.<br />

It was further agreed that Government representatives could visit<br />

and inspect the company's offices, installations, or other<br />

buildings and facilities at any time, as well as working areas, In<br />

order to examine the company's produce and records of which it -<br />

the Government - could take samples, or make copies, while<br />

guaranteeing and maintaining the confidentiality of the

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