Timber Sale Contract A-11 lies within Latitudes 7°9'36" - 7°18'0" North of the equator and Longitudes 10°54'36" - 11°1'48" West of the Greenwich meridian, located in Grand Cape Mount County-Liberia
Environmental impact assessment and management plan
The contract may be interrupted by the Forestry Development Authority to ensure consistency with the Environmental Impact Assessment and related documents
The contract may be interrupted by the Forestry Development Authority to prevent environmental degradation or resource damage and to conduct environmental analysis
Bassa Logging Timber Corporation's harvests must be consistent with sustainable management of forest resources. Bassa Logging Timber Corporation shall conduct its operations in a manner that promotes sustainable development of forest resources and environmental protection for the common good of the people of Liberia. 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. Bassa Logging Timber Corporation 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. Bassa Logging Timber Corporation 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 operational plan areas requiring special measures for the protection of plants and animals, and it shall protect these areas from damage or removal during operations. Bassa Logging Timber Corporation shall comply with the Liberia Code of Forest Harvesting Practices for the protection of wildlife in the contract area, as well as for watercourse protection and erosion prevention and control. It shall provide for the proper disposal of sawdust, mill, and other wastes to prevent pollution or contamination.
The land rental bid is US$ 10.20 per hectare per year. The land rental bid payment is based on the bid provided in the bid opening ceremony multiplied by the surface area in hectares of the contract area. Bassa Logging Timber Corporation shall pay the land rental bid fee annually to the Government within 30 days after the date upon which the contract satisfies the requirements of Section 5.3(f) of the National Forestry Law of 2006 that the contract be both signed by the President and ratified by the legislature. Bassa Logging Timber Corporation shall pay log stumpage, annual contract administration, area, coupe inspection, and forest product fees to the Government under Regulation 107-07, on Certain Forest Fees.
Bassa Logging Timber Corporation shall not use public land outside the contract area unless it has express, written permission from the Forestry Development Authority. Before requesting permission, Bassa Logging Timber Corporation shall consult with all potentially affected communities that are party to social agreements with it. Bassa Logging Timber Corporation shall make a written record of the time, place, and general content of those consultations.
Bassa Logging Timber Corporation shall give preference to competent and qualified individuals living in and near the contract area, particularly to individuals from communities benefiting from the social agreements. Bassa Logging Timber Corporation shall not import unskilled labor from outside Liberia.
Protections or benefits for employees, dependents, or others
Bassa Logging Timber Corporation shall follow internationally recognized, modern safety precautions in all activities and shall comply with written safety instructions supplied by the Government. Bassa Logging Timber Corporation 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.
Right to access concession area (non-contracting parties)
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 Bassa Logging Timber Corporation 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 that Bassa Logging Timber Corporation'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 Bassa Logging Timber Corporation's operations and activities shall not be unduly interfered with or its rights prejudiced.
Bassa Logging Timber Corporation shall identify areas requiring special measures for the protection of cultural resources in the annual operational plan. It shall describe these special measures and protect those areas from damage or removal during its operations.
Bassa Logging Timber Corporation shall carry out road construction and maintenance activities in compliance with the Liberia Code of Forest Harvesting Practices
Bassa Logging Timber Corporation shall not use public land outside the contract area unless it has express, written permission from the Forestry Development Authority. Before requesting permission, Bassa Logging Timber Corporation shall consult with all potentially affected communities with which it has entered into social agreements. The Forestry Development Authority shall not unreasonably deny permission to use such land. Bassa Logging Timber Corporation may use private land with the express, written permission of the land owner. If Bassa Logging Timber Corporation is unable to obtain the permission of the land owner for such use, then use is limited to rights of way, and any compensation 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, Bassa Logging Timber Corporation 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. Bassa Logging Timber Corporation 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.
Bassa Logging Timber Corporation must include an up-to-date business plan demonstrating it has the technical and financial capacity to manage the contract area sustainably. The business plan must conform to the Guidelines for Forest Management Planning.
Bassa Logging Timber Corporation shall use all reasonable means to prevent encroachment by unauthorized persons in to the contract area, but it shall not employ or in any way use armed security guards for any purpose
Failure by Bassa Logging Timber Corporation 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 of any and all obligations related to the dispute. Claims arising under the contract shall be decided by the contracting officer (an officer of the Forestry Development Authority who has been delegated the power and duty to administer the contract). The decision of the contracting officer shall be final and conclusive if within 45 days from receipt, Bassa Logging Timber Corporation fails to appeal the decision to an appropriate Liberian court.
Bassa Logging Timber Corporation shall not transfer this contract or any interests, rights, privileges or obligations under the contract without prior written approval from the Forestry Development Authority. The Forestry Development Authority shall not consent to any transfer, except in compliance with Regulation 104-07, Section 71.
The contract may be terminated if Bassa Logging Timber Corporation commits a number of breaches, including (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, (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, (r) failing to comply with a Social Agreement, and (s) if it or its senior officials 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 Bassa Logging Timber Corporation, including (ii) payment of a bribe, and (v) 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 unforeseen cause beyond the reasonable control of the parties 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 fulfill 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.
Bassa Logging Timber Corporation consents to the Government or a designated representative conducting reasonable inspections of the contract area and premises. Bassa Logging Timber Corporation 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 operational plan, and keep the contracting officer informed as to its operations and other contractual activities.
If any statute or regulation referred to in the contract is amended, the contract shall be taken to refer to the newly amended statute or regulation. If the statute or regulation is repealed, the contract shall be taken to refer to the material that replaces the repealed act or regulation, as determined by the contracting officer (an officer of the Forestry Development Authority who has been delegated the power and duty to administer the contract).