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Special Agricultural Consultancy, Agricultural Development Agreement, 2002
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  • ocds-591adf-2248245813
  • July 12, 2016
  • English
  • Sudan See Legislation  in African Mining Legislation Atlas
  • May 22, 2002
  • Contract
  • Agricultural Development Agreement
  • Not Specified
Key Clauses
  • Assignment or transfer
  • Capital gains tax
  • Country
  • Custom duties
  • Date - contract signature
View all Key Clauses
Company
  • Government of the Syrian Arab Republic
  • -
  • -
  • -
  • -
  • -
  • -
  • -
Associated Documents
No associated documents available.
CONCESSION / LICENSE AND PROJECT
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Source
  • http://www.farmlandgrab.org/wp-content/uploads/200...
  • Online - FarmLandGrab.org
28 Key Clauses
  • General
  • Environment
  • Fiscal
  • Social
  • Operations
  • Legal Rules
General
Country
Sudan
Page 1 ( Title )
Date - contract signature
22/05/2002
Page 4 ( Signature block )
Location
Local lands of Abu Futah, District (Muhafaza) of Al-Hasasisa in the state of Al- Jazira
Page 1 ( Art. 2 )
Name of company executing document
Syria (investor)
Page 1 ( Title ) , Page 3
Renewal or extension of term
Subject to renewal
Page 1 ( Art. 3 )
Resource(s)
Sudan grants Syria the right to carry out agricultural and animal investments, and agricultural industrialization
Page 1 ( Art. 4 )
Signatories, State
Dr. Majzoub Al-Khalifa Ahmad
Page 4 ( Signature block )
Signatories, company
Dr. Nurreddine Muna (Minister of Agriculture and Agricultural Reform, Syrian Arab Republic)
Page 4 ( Signature block )
Size of concession area
30,900 acres (30,000 Faddan), subject to increase
Page 1 ( Art. 2 )
State agency, national company or ministry executing the document
Ministry of Agriculture and Forestry
Page 4 ( Signature block )
Term
50 years, subject to renewal
Page 1 ( Art. 3 )
Type of contract
Special Agricultural Consultancy Agreement
Page 1 ( Title )
Environment
Environmental protections
Syria is committed to preserve the environmental well being of the land based on international standards, on the condition that it privatizes 5% of the land's area for forest plantation, including wind blockers, according to to the Sudanese Laws.
Page 2 ( Art. 6 )
Water use
Sudan permits Syria to acquire what the project needs as water resources from the White Nile, as well as underground water resources.
Page 1 ( Art. 5 )
Fiscal
Capital gains tax
Sudan assures Syria the free movement and transfer of capital according to what was agreed in the Invstment Incentive and Mutual Protection of Investment agreement, indicated in Clause (1) of this agreement.
Page 2 ( Art. 9.1 )
Custom duties
Sudan assures Syria full exemption from custom duties on all machines, equipment, project cars, on the condition that all the imported machines, equipment and others related to the project should be as listed and agreed upon in the economic feasibility study. Additionally, Syria has the right to an exceptional exemption of custom duties for all its imports during the period of the feasibility study such as cars, machines, and equipment and whatever else is needed during the feasibility study work. Finally, there will be exemption from custom duty on production inputs for a period of two year from the date of actual exploitation of the land.
Page 2 ( Art. 9.2 ) , ( Art. 9.4 ) , Page 3 ( Art. 10.4 ) , ( Art. 10.1 ) , ( Art. 10.5 )
Income tax: exemptions
Syria benefits from an exemption from Profit Income Tax on the conducted business for a period not more than ten years, applicable from the beginning of commercial production. During the allocated period of the project, any kind of taxes and fees are also not included in case such are imposed during later phases.
Page 3 ( Art. 10.2 )
Surface fees or rent
The Republic of Sudan is responsible for the rent pay on every worked acre.
Page 1 ( Art. 3 )
Social
Local employment
Syria is free to select project managers, employees, technicians, workers, either with Sudanese or Syrian nationality. In case of selecting other than Sudanese or Syrians, the selected persons shall be subject to the approval of the Sudanese Party in order to facilitate their job transfer without any constraints and provide them with visa whenever necessary.
Page 2 ( Art. 9.3 )
Outgrowers Program
Syria is committed to provide irrigation to 10,300 acres (10,000 Faddan) outside the land allocated to it (which is 30,900 acres), to serve the peasants working the land for minimal wages.
Page 2 ( Art. 8 )
Protections or benefits for employees, dependents, or others
All non-local employees and workers are exempted from any federation taxes or state taxes or any fees or taxes that are newly issued.
Page 3 ( Art. 11 )
Operations
Infrastructure
Syria is committed to complete the constructions and infrastructure of the project during a period of three years and to begin the actual comprehensive production during two years time after the completion of infrastructure.
Page 3 ( Art. 13(b) )
Other - operational
Syria is committed to develop a technical and economic feasibility study of the project during a four months period from the start date of this agreement, on condition that the feasibility study does not take more than twelve months after the end of the timeline indicated earlier.
Page 3 ( Art. 13.a )
Work and investment commitments
Syria is committed to provide irrigation to 10,300 acres (10,000 Faddan) outside the land allocated to it (which is 30,900 acres), to serve the peasants working the land. It is committed to complete the constructions and infrastructure of the project during a period of three years and to begin the actual comprehensive production during two years time after the completion of infrastructure.
Page 2 ( Art. 8 ) , Page 3 ( Art. 13(b) )
Legal Rules
Assignment or transfer
This project is considered to be a federation project invested exclusively by the Government of the Syrian Arab Republic. In case the Syrian Government wishes to transfer the project fully or partially for the purpose of investment through the private sector, the process complies with the current investment law of the Republic of Sudan and upon mutual agreement of both parties.
Page 3 ( Art. 14 )
Expropriation or nationalization
The land will be delivered to Syria to benefit from according to the agreement with no right, or rent, or benefit, or other binding rights, or property rights, except the property rights of Sudan. Syria is assured of the warranty and legal protection of property allocated by Sudan. In case of discovery of any kind of precious metals, precious stones, vegetable charcoal, oil or any other raw resources on the ground or underground, the Republic of Sudan shall fully utilize them. In this case, the investor (presumably Syria) will be compensated for the used land or any constructions deployed on the allocated land. Sudan has the right to share the resources with Syria as it sees fit.
Page 1 ( Art. 2 ) , Page 2 ( Art. 7 )
Governing law
The investment benefits from the Sudanese Investment Incentive Law, which is applicable in all its content unless otherwise indicated in this agreement. The privatization of 5% of the land for forest tree plantation, including wind blockers, must be done with reference to the Sudanese laws.
Page 2 ( Art. 10 ) , ( Art. 6 ) , Page 3 ( Art. 12 )
Stabilization
All non-local employees and workers are exempted from any federation taxes or state taxes or any fees or taxes that are newly issued. The Sudanese Investment Incentive Law is applicable in all its content unless otherwise indicated in a special text in this agreement. The government of Republic of Sudan has the role of protector according to the ongoing arrangements at the present time and to the new arrangements taking place in the future. This is applicable to all kinds of investments that are included in this agreement during the present and at future time.
Page 3 ( Art. 11 ) , ( Art. 12 )

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