The contract area lies within the latitudes 6°15'36 - 6°20'24" North of the equator and longitudes 10°3'36" - 10°9'36" West of the Greenwich meridian. It is located in Grand Bassa County.
Etude sur l'impact environnemental et plan de gestion
The contract may be interrupted by the Forestry Development Authority of Liberia to ensure consistency with the Environmental Impact Assessment and related documents
Tarpeh Timber shall conduct its operations in a manner that promotes sustainable development of forest resources and environmental protection. It shall conduct all operations and activities using only environmentally sound forest harvesting practices that conform to the Forest Management Guidelines, the Liberia Code of Forest Harvesting Practices, and internationally accepted, scientific principles and practices applicable to forest operations and timber processing. Tarpeh Timber shall conduct all operations and activities so as to avoid waste and loss of natural resources and to protect natural resources from damage. It shall conduct all operations and activities so as to prevent pollution and contamination of the environment. Tarpeh Timber shall harvest trees in a manner that avoids unnecessary damage and waste, and unnecessary damage to young growth and other trees. It shall identify in the annual operation plan areas requiring special measures for the protection of plants and animals, and protect these areas from damage or removal during operations. Tarpeh Timber shall comply with all requirements for watercourse protection in the Liberia Code of Forest Harvesting Practices, and conduct all operations so as to reasonably minimize soil erosion, and prevent pollution of air, soil, and water.
Subject to the written approval of the Government and the Social Agreement (as called for under Forest Development Authority Regulation 105-07) and such conditions as the Government or Social Agreement may impose, Tarpeh Timber may use free of charge any water found within the contract area and in the public domain within 5 kilometers of the contract area provided that it does not deprive any lands, tribes, villages, towns, houses, or watering places for animals of a reasonable supply of water, or does not interfere with the rights of water enjoyed by persons under the Land and Native Right Ordinance. Tarpeh Timber's use of water must in no way result in environmental damage or create other hazards.
The land rental bid is US$ 5.00 per hectare per year. The land rental bid payment is calculated annually by taking all land inside and outside of the concession area used by Tarpeh Timber, excluding land within the contract area (listed in Art. A1) that is not harvested due to changed circumstances, and multiplying it by the land rental bid listed in Art. A4. Tarpeh Timber shall first pay it prior to felling any trees and, after that, every year on the contract signing date. Tarpeh Timber shall pay log stumpage, annual contract administration, area, coupe inspection, and forest product fees to the Government under Forest Development Authority Regulation 107-07, on Certain Forest Fees.
Tarpeh Timber shall complete the Social Agreements required under Forest Development Authority Regulation 105-07. Once the Social Agreements are attested to by the Forestry Development Authority of Liberia, they become part of the contract and, if breached, are treated like a breach of the contract.
Tarpeh Timber shall give preference to competent and qualified ECOWAS (Economic Community of West African States) citizens in the selection of employees to conduct its contractual operations, and is not to import unskilled labor from outside the ECOWAS nations
Protections ou avantages pour les employés, les personnes à charge ou pour des tiers
Tarpeh Timber shall follow internationally recognized, modern safety precautions in all activities and shall comply with written safety instructions supplied by the Government. Tarpeh Timber shall follow internationally recognized, modern measures for the protection of general health and safety of its employees and shall comply with written public health instructions given in writing by the Government.
Droits d'accès à la zone de concession (pour des parties non contractantes)
The rights of private land owners and the public are governed by Chapters 11 and 12 of the National Forestry Reform Law of 2006, and Tarpeh Timber agrees to respect those rights. In addition, the Government reserves the right to, among other things, access or allow others to access the contract area for the purpose of exploring for or exploiting minerals or other substances or any reasonable investigation, provided Tarpeh Timber's operations and activities shall not be unduly interfered with or its rights prejudiced. If its property is damaged as a result of such exploration, investigation or exploitation, the Government agrees to provide fair compensation for such damage. The Government also reserves the right to, among other things, take from the contract area timber and forest products (flora, fauna, and micro-organisms with social or economic value) that are required for public purposes, or allow others to access the contract area for traditional and customary community uses of timber and forest products, provided Tarpeh Timber's operations and activities shall not be unduly interfered with or its rights prejudiced.
Tarpeh Timber shall identify in the annual operation plan and on the ground areas requiring special measures for the protection of cultural resources. Such special measures shall be described in the annual operation plan. Tarpeh Timber shall take such measures and protect these areas from damage or removal during its operations
Tarpeh Timber is granted rights concerning construction of infrastructure by Section 18.8 of the National Forestry Reform Law of 2006, and shall comply with all laws governing construction, maintenance, and the use of improvements. Certain improvements require authorization from the Government. Tarpeh Timber shall ensure that all infrastructure and works installed in relation to the contract comply with the Liberia Code of Forest Harvesting Practices.
All infrastructure shall revert to the Government upon termination of the contract and shall be left in safe running order
Tarpeh Timber shall allow the Government and public to use, free of charge, any roads constructed, provided the use does not interfere with Tarpeh Timber's operations
Utilisation des terres (publique ou privées) à l'extérieur de la zone de concession
Tarpeh Timber shall use public land outside the contract area only with written approval from the Forestry Development Authority. The Forestry Development Authority shall not unreasonably deny the right to use such land. Tarpeh Timber may use private lands with the permission of the land owner. If Tarpeh Timber does not obtain the permission of the land owner, use and compensation of private lands is governed by Chapter 11 of the Forestry Reform Law of 2006 and the Forestry Development Authority Regulation 110-07. With or without permission of the land owner, Tarpeh Timber shall not seek a use, lease, right-of-way, or easement that substantially interferes with the operations of another previously issued forest management contract or timber sale contract. Tarpeh Timber also shall not interfere with any good faith exercise of third-party rights to timber or forest products, including customary rights, without permission of the third party. If Tarpeh Timber uses private lands without permission of the land owner, the use must be necessary for Tarpeh Timber’s activities and operations under the contract.
Tarpeh Timber shal submit an annual operational plan to the Forestry Development Authority of Liberia at least 60 days prior to the beginning of each annual operating season. The plan shall describe the next operating season's major activities, including logging, environmental protection measures, road construction and maintenance and any other actions required by law or the Forestry Development Authority Regulations. The plan must comply with the Forest Management Guidelines. The Forestry Development Authority shall approve or deny the annual operational plan within 60 days of receiving the plan and verification of payment of the annual coupe inspection fee. Tarpeh Timber shall not begin operations under an annual operational plan before the Forestry Development Authority issues an annual harvesting certificate based on the plan. Prior to the issuance of an annual harvesting certificate, Tarpeh Timber and the Forestry Development Authority shall hold a pre-operations meeting to review the plan and ensure common understanding.
La sécurité physique ou la protection de la propriété
Tarpeh Timber shall use all reasonable means to prevent encroachment by unauthorized persons into the contract area. However, it shall not employ or in any way use armed security guards for any purpose.
Failure by Tarpeh Timber to submit a claim (a written demand seeking the payment of money, adjustment or interpretation of contract terms, or other relief, under or relating to this contract) for resolution within 60 days of the disputed action by the Forestry Development Authority shall relinquish the Forestry Development Authority from any and all obligations related to the dispute. Claims arising under the contract shall be decided by the contracting officer of the Forestry Development Authority. If Tarpeh Timber fails to appeal the decision to an appropriate Liberian court within 45 days of receiving the contracting officer's decision, the decision shall be final and conclusive.
Tarpeh Timber shall not transfer this contract or any interests, rights, privileges or obligations under the contract without prior written approval from the Forestry Development Authority of Liberia. The Forestry Development Authority shall not to consent to any transfer, except in compliance with Forest Development Authority Regulation 104-07, Section 71.
The Government can terminate the contract based on various breaches of contract by Tarpeh Timber. Such breaches include: (b) felling trees not covered by an Annual Harvesting Certificate, (d) abandoning operations for a period of 1 year or more, (e) significantly failing to meet the requirements of an approved Annual Operational Plan, (f) assigning to a third-party rights held under the contract without the consent of the Forestry Development Authority of Liberia, (g) going into bankruptcy or liquidation, (i) failing to meet any monetary obligations, including payments of bids or fees to the Government or payments to local communities, in a timely fashion, (k) engaging in a pattern of activity that demonstrates flagrant disregard for the terms of the contract, (m) failing to comply with any provisions of law or regulations, (o) intentionally removing any timber, forest products (flora, fauna, and micro-organisms with social or economic value) or natural resources not provided for in the contract without written approval from the Government, (q) being convicted for violation of criminal statutes or civil standards, or other regulations for environmental protection, and (r) if it or its senior officers are convicted for violation of criminal statutes and civil standards, or any other offense indicating a lack of business integrity or honesty that seriously and directly affects the responsibility of Tarpeh Timber, including payment of a bribe, and human rights violations.
The parties understand that section 18.15 of the National Forestry Reform Law guarantees to the public free access to all documents and information related to this contract and its administration, subject only to limited exceptions
Force majeure means any cause beyond the reasonable control of the parties and which the parties could not foresee or reasonably provide against that prevents the parties from performing contractual duties for 15 consecutive days or more. Force majeure includes, among other things, acts of God and other natural disasters, war, riot, epidemic, expropriation of facilities or goods, and unforeseen restrictions on trade. Failure by either party to fulfil terms and conditions of the contract as a result of force majeure is not a breach of the contract. Any party who fails to perform obligations as a result of force majeure shall take all reasonable steps to make good, and resume compliance with, those obligations.
Tarpeh Timber consents to the Government or a designated representative conducting reasonable inspections of the contract area and premises. Tarpeh Timber shall keep records to demonstrate compliance with the contract during the duration of the contract and for 5 years after the contract terminates. It shall provide a written report within 90 days after completing operations under each annual operation plan, and keep the contracting officer informed as to its operations and other contractual activities. The Forestry Development Authority shall convene an ad hoc Contract Audit Committee to complete an annual contract audit and written report. Tarpeh Timber shall appear before the committee at the committee's request and shall demonstrate that it is in full compliance with the contract. The Government reserves the right to allow unscheduled third party and vcivil society monitoring of the operatoins, including access to all financial records, management plans and annual operational plans. The Government shall not extend access to any civil society monitoring organization until they agree, in writing, to not publish any proprietary information without Tarpeh Timber's written consent.
If any statute or regulation referred to in the contract is repealed or amended, the contract shall be taken to refer to the newly amended statute or regulation, or the statute or regulation that replaces the repealed one, as determined by the Forestry Development Authority