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The Sierra Leone Local Content Agency Act, 2016
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Contents
- Preamble
- Section 1 — In this Act, unless the context otherwise requires -
- Section 2
- Section 3
- Section 4
- Section 5
- Section 6
- Section 7
- Section 8
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16
- Section 17
- Section 18
- Section 19
- Section 20
- Section 21
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28
- Section 29
- Section 30 — (1) There is hereby established a fund to support Sierra
- Section 31 — (1) Upon the commencement of this Act, the minimum
- Section 32
- Section 33
- Section 34
- Section 35
- Section 36
- Section 37
- Section 38
- Section 39
- Section 40
- Section 41
- Section 42
- Section 43
- Section 44
- Section 45
- Section 46
- Section 47
- Section 48
- Section 49
- Section 50
- Section 51
- Section 52
- Section 53
- Section 54
- Section 55
- Section 56
- Section 57
- Section 58
- Section 59
- Section 60
- Section 61
- Section 62
- Section 63
- Section 64
- Section 65
- Section 66
- Section 67
- Section 68
- Section 69
- Section 70
- Section 71
- Section 72 — (1) Where a person is convicted of an offence under this
- Section 73 — (1) A person commits an offence if that person knowingly.
- Section 74
- Section 75 — Upon the commencement of this Act-
- Section 76 — On the coming into operation of this Act employees of the
- Section 77
ii
THE SIERRA LEONE LOCAL CONTENT AGENCY ACT, 2016
Being an Act to establish the Sierra Leone Local Content Agency
to provide for the development of Sierra Leone Local content in a
range of sectors of the economy such as industrial, manufacturing,
mining, petroleum, marine resources, agriculture, transportation,
maritime, aviation, hotel and tourism, procurement of goods and
services; public works, construction and energy sectors; to promote
the ownership and control of productive sectors in the economy by
citizens of Sierra Leone; and to provide for other related matters.
[ ]
ENACTED by the President and Members of Parliament in this
present Parliament assembled.
Date of commencement.
SIGNED this 11th day of February, 2016.
DR. ERNEST BAI KOROMA,
President.
LS
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
PART 1–PRELIMINARY
"Agency" means the Sierra Leone Local Content
Agency established under section 3;
'Board" means the Board of Directors established by
section 4;
"Chairman" means the Chairman of the Board;
"citizen " means a citizen of Sierra Leone as defined
under the Citizenship Act 1973;
"Director-General" means the Director-General of the
Agency appointed under section 16;
"Expatriate" means an employee working in Sierra
Leone other than his country of origin;
"labour clause" means a clause mandating the use of a
minimum percentage of Sierra Leonean Labour in
professional cadres in all contracts awarded in the
sectors covered by this Act in Sierra Leone, above a
threshold value as stipulated by the Minister;
"member" means a member of the Board ;
"Minister" means the Minister responsible for trade
and industry and "Ministry" shall be construed
accordingly ;
"operator" means any state enterprise, Sierra Leonean,
foreign or international company operating in the
sectors covered by this Act under any contract,
agreement or alliance ;
"plan" means a Sierra Leonean content plan referred
to in section 40 submitted in compliance with any
aspect of this Act;
"Sierra Leonean companies" means companies that
are registered in Sierra Leone in accordance with the
Companies Act 2009 and fifty percent of the share
capital are owned by Citizens;
"Sierra Leone Local Content" means the proportion
between the value of the goods produced and
services rendered in Sierra Leone by Sierra Leoneans
and the total value of the goods and services
acquired for exploration, development and
production in the sectors covered by the Act under
concession, contracts, licences and other forms of
agreements;
"Sierra Leone Local Content on-line internal portal"
means a virtual platform for buyers and sellers of
goods and services in the sectors covered by this
"Sierra Leone Local Content indicator" means a
percentage rating of a company based on specific
criteria defined on the basis of values ascribed to
each criterion;
"Sierra Leone Local Content Verification Personnel"
means a person registered by the Sierra Leonean
Content Agency,
Notwithstanding anything to the contrary contained in anyother enactment, this Act shall apply to all matters pertaining to
Sierra Leone Local Content with respect to operations or transactions
carried out in or connected with the Sierra Leonean industries in the
mining, petroleum, service industries agriculture and agri-business,
transportation, maritime, aviation, hotel and tourism, public works
and construction, fisheries and marine resources, manufacturing,
health and energy sectors.
2 3
Interpretation.
Application.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
PART II–ESTABLISHMENT OF SIERRA LEONE LOCAL
CONTENT AGENCY
(1) There is hereby established a body to be known asthe Sierra Leone Local Content Agency.
(2) The Agency shall be a body corporate having
perpetual succession and capable of acquiring, holding and disposing
of any property, whether movable or immovable, and of suing and
being sued in its corporate name and, subject to this Act, of performing
all such acts as bodies corporate may by law perform.
(3) The Agency shall have a common seal, the use of
which shall be authenticated by the signatures of -
(a) the Chairman or other member of the Board
authorised either generally or specially by
the Board in that behalf; and
(b) the Director-General or some other person
authorised by the Board in that behalf.
(1) The governing body of the Agency shall be a Boardwhich shall be responsible for the control and supervision of the
(2) The Board shall consist of a Chairman appointed
under subsection (3); and the following other members-
(a) the Permanent Secretary of the Ministry ;
(b) the Financial Secretary or his representative;
(c) a representative of -
(i) the National Minerals Agency;
(ii) the Petroleum Directorate;
(iii) Youth Commission
(iv) the Sierra Leonean Content Consultative Forum referred to in section
66;
(v) the Sierra Leone Investment and Export
Promotion Agency ;
(vi) the National Tourist Board
(vii) the Sierra Leone Chamber of Commerce,
Industry and Agriculture;
(viii) the Sierra Leone Bar Association;
(ix) the Sierra Leone Institute of Engineers;
(x) the Sierra Leone indigenous banks and
financial services;
(xi) Women’s Forum
(xii) the Director–General who shall be the
Secretary.
(xiii) Labour Congress
(3) The President shall, on the advice of the Minister
and subject to the approval of Parliament appoint the Chairman and
other members of the Board under Clause 2 (c) from among persons
with proven knowledge and experience in the local content sector.
(4) members appointed under paragraph (c) of subsection
2 shall be subject to parliamentary approval.
(1) The Chairman and other members of the Boardappointed under paragraph (c) of subsection (2) of section 4 shall
hold office for a term of three years and shall be eligible for reappointment for a further term of three years only.
4 5
Establishment
of Sierra
Leone Local
Board of
Tenure of
members.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
(2) A person shall cease to be a member of the Board on
any of the following grounds-
(a) for his inability to perform the functions of
his office by reason of infirmity of mind or
body;
(b) for proven misconduct;
(c) if he becomes bankrupt or insolvent;
(d) if he is convicted and sentenced for an
offence involving fraud or dishonesty;
(e) if he fails to attend three consecutive
meetings of the Board without reasonable
cause; or
(f) if he resigns his office by written notice to
the Minister.
(1) The Board shall meet for the dispatch of its businessat least once every two months at the offices of the Agency and at
such time as the Chairman may determine.
(2) The Chairman shall preside at every meeting of the
Board, and in his absence, the members present shall appoint a
member from among themselves to preside at that meeting.
(3) A minimum of three members of the Board may, by
notice in writing signed by them, request the Chairman to summon a
special meeting of the Board for such purposes as may be stated in
the notice.
(4) The Chairman or, in his absence, the member appointed
to act in his behalf shall summon a special meeting within five days
of his receipt of the notice referred to in subsection (3).
(5) The quorum at any meeting of the Board shall be
seven.
(6) The Chairman or other person presiding shall have a
casting vote where there is an equality of votes.
(7) Any proposal circulated among all members and
agreed to in writing by a two-thirds majority of all members shall be of
the same force or effect as a decision made at a duly constituted
meeting of the Board and shall be incorporated in the minutes of the
next succeeding meeting of the Board:
Provided that, if a member requires that such proposal be placed
before a meeting of the Board, this subsection shall not apply to
such proposal.
(8) The Board may co-opt any person to attend and
participate in its deliberations on any matter but such person shall
not vote on any issue for the decision by the Board.
(9) The Board shall cause minutes of all its meetings to
be taken and signed by the Chairman and kept in proper form.
(10) Subject to this Act, the Board shall regulate its own
procedure.
(1) A member of the Board who has any interest, whetherdirect or indirect in any matter being considered or to be considered
by the Board, shall disclose the nature of his interest to the Board
and the disclosure shall be recorded in the minutes of the Board and
such member shall not take part in any deliberation or decision of the
Board relating to that matter.
(2) A member of the Board who contravenes subsection
(1) shall be guilty of misconduct and shall be removed from the
Board.
6 7
Meetings of
Board.
Disclosure of
conflict of
interest.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
(1) No action or other proceedings shall lie or beinstituted against any member of the Board or member of a committee
of the Board for or in respect of any act or thing done or omitted to be
done in good faith in the exercise of his functions under this Act.
(2) No member of the Board shall be personally liable for
any debt or obligation of the Agency.
(1) The Board may, for the discharge of its functionsappoint one or more committees consisting of members of the Agency
or non-members or both to perform such functions and to report to
the Agency as the Board may determine.
(2) For the purposes of provding technical support on
Sierra Leone content development issues, fostering coordination
among ministeries, departments and Agencies in Local Content issues
and supporting the Sierra Leone Local Content and without prejudice
to the generality of subsection (1), the Agency shall establish a Sierra
Leone Local Content Committee comprising the following members;
(a) a representative of the Ministry who shall
be the Chairman of the Committee;
(b) a representative of the Office of the Attorney
General and Minister of Justice;
(c) a representative of the Ministry responsible
for Finance;
(d) a representative of the Ministry responsible
for Labour;
(e) a representative of the Strategic and Policy
Unit in the Office of the President;
(f) a representative of the National Public
Procurement Agency;
(g) a representative of the Sierra Leone
Investment and Export Promotion Agency;
(h) a representative of the Ministry of Social
Welfare, Gender and Children’s Affairs.
(i) two representatives of the Sierra Leone
Chamber of Commerce and Industry;
(j) two representatives from Civil Society;
organisations having functions related to the
Agency
(k) a representative from a Government Ministry,
Government Agency or professional body
directly responsible for a particular sector, or
having a major stake in the subject matter
under review by the Committee.
(l) a representative of the Ministry of Youth
Affairs
(1) Subject to this Act, the Board shall have the controland supervision of the Agency, including overseeing the sound and
proper financial management of the Agency.
(2) The Board shall provide policy guidance and advice
that will secure the efficient implementation of the functions of the
Agency and enhance the overall performance of the Agency.
(1) The Chairman and other members of the Board shallbe paid such remuneration, fees and allowances approved by the
Minister and shall be reimbursed by the Agency for expenses incurred
in connection with the discharge of their functions as the Board may,
with the approval of the Minister, determine.
(2) Co-opted members of the Board under Section 9 shall
be paid such remuneration; fees and allowances approved by the
Minister and shall be reimbursed by the Agency for expenses incurred
in connection with the discharge of their function’’.
(1) Where the Chairman or a member of the Board dies,resigns, is removed from office or is absent for a continuous period
exceeding three months or is by reason of illness unable to perform
the functions of his office for a continuous period of three months-
(a) the members of the Board shall, as the case
may be, elect one of their number to act as
Chairman until such time as the Chairman
resumes his office or another is appointed in
his stead; and
8 9
Immunity of
Board, etc.
Committees
of Board.
Functions of
Board.
Remuneration
of members.
Filling of
vacancies.
Remuneration
of co-opted
members.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
(b) in the case of a member, the Chairman shall
have another person appointed to the Board
subject to the Act.
(2) Where a person is appointed as Chairman or
appointed as a member to fill a vacancy, he shall hold office for the
remainder of the term of the previous Chairman or member, as the
case may be, and shall, subject to this Act, be eligible for reappointment.
In the performance of its functions under this Act, the Boardshall not be subject to the control of any person or authority.
PART III–FUNCTIONS OF THE AGENCY
(1) The object for which the Agency is established is topromote Sierra Leone local content development by effectively and
efficiently managing the administration and regulation of Sierra Leone
local content development in Sierra Leone.
(2) Without prejudice to the generality of subsection (1),
it shall be the function of the Agency to -
(a) supervise, coordinate, administer, monitor
and manage the development of Sierra Leone
local content in the sectors covered by this
(b) appraise, evaluate and approve the Sierra
Leonelocal content plans and reports
submitted to the Agency in compliance with
this Act;
(c) award certificate of authorisation, review the
Sierra Leone local content content plans and
reports submitted to the Agency in
compliance with this Act and make
recommendations to the Minister;
(d) issue Sierra Leone local content certificates
for designated materials, goods and services
produced wholly or partially in Sierra Leone;
(e) manage and award the Sierra Leone local
content Scorecard system for the purpose of
ranking companies and entities that comply
with Sierra Leone local content development;
(f) administer and operate the Sierra Leone local
content on-line internal portal and Joint
Qualifications Systems set up in accordance
with this Act;
(g) assist local contractors and Sierra Leonean
companies to develop their capabilities to
attain the goal of developing Sierra Leone
local content in the sectors covered by this
(h) strengthen and foster collaboration between
the public and private sector in order to
promote and safeguard the objectives of
Sierra Leone local content development;
(i) maintain a registry of Sierra Leone local
content transactions above a threshold
determined by the Minister ;
(j) receive and investigate complaints relating
to Sierra Leone local content development
in accordance with this Act;
(k) promote good governance and accountability
by creating an effective and efficient
environment for the promotion and
implementation of Sierra Leonean content
development;
10 11
Independence
of the Board.
Functions
of Agency.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
(l) monitor and coordinate the Sierra Leonean
content performance of operators in
accordance with this Act;
(m) conduct studies , research and investigations
to further attain the goal of developing Sierra
Leone content in the sectors covered by this
( n) delegate any of its functions to any agent or
operative appointed by the Agency;
(o) contribute to an annual Sierra Leonean
Content Plan to guide operating companies
in the sectors covered by this Act;
(p) encourage, monitor and enforce the standards
of operation and code of practice for Sierra
Leonean content;
(q) monitor conditions of operators and their
trade practices to ensure that competition and
fair practice is maintained;
(r) provide information relevant to the National
Revenue Authority for the collection of taxes
for training, research and development and
transfer of technology funds from operating
companies;
(s) prepare an annual report on the status of Sierra
Leonean content for submission to the
Minister, and
(t) perform any other function incidental or
consequential to its functions under this Act.
The Agency shall consult and co-operate with ministries ,departments and agencies having functions related to the Agency.
PART IV - ADMINISTRATIVE PROVISIONS
(1) The Agency shall have a Director-General who shallbe appointed by the Board.
(2) No person shall be appointed Director-General
unless he has proven technical expertise and experience in local
content matters.
(3) The Director-General may be removed from office in
accordance with his terms and conditions of service for -
(a) inability to perform the functions of the office
arising out of physical or mental incapacity;
(b) gross misconduct or misbehaviour;
(c) incompetence or neglect of duty; or
(d) any other ground that would justify removal
from office under the terms and conditions
of service.
The Director-General shall be responsible to the Board forthe performance of the following functions-
(a) overseeing the activities of the Departments
and the day-to-day administration and
management of the Agency;
(b) formulating and implementing operational
policies, programmes and plans relating to
the functions of the Agency as may be
approved by the Board.
12 13
Consultation
with
ministries etc
Appointment
of Director -
General.
Functions of
Director-
General.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
(c) supervising employees of the Agency;
(d) preparing and submitting operational reports
and plans;
(e) preparing annual budget and financial
reports;
(f) preparing the agenda, recording and
maintaining of minutes of the meetings of the
Board; and
(g) performing other duties as the Board may
determine.
(1) The Agency shall establish departments as it thinksnecessary for the performance of its functions.
(2) Without prejudice to subsection (1), the Agency shall
establish the following departments -
(a) Department for Procurement and Supplier
Development which shall be responsible for
public and private sector procurement and
for the supplier value chain pertaining to
Sierra Leone local content development;
(b) Department for Employment, Training and
Technology Transfer which shall be
responsible for the development of local
employment, integration of the local
workforce, training of local personnel,
technology transfer, research and
development;
(c) Department of Finance and Administration
which shall be responsible for the Agency's
budget, human resources and reporting;
(d) Department of Operations which shall be
responsible for monitoring and evaluating
Sierra Leone local content development; and
(e) Department of Communications and Outreach
which shall be responsible for the Agency's
communications and outreach strategy and
its implementation.
Each department referred to in section 18 shall havedivisions which shall be created by the Board on the recommendation
of the Director-General.
(1) Each department referred to in section 18 shall beheaded by a Director who shall be appointed by the Board.
(2) The Directors shall have responsibilities and
functions as may be assigned by the Director-General.
(3) Without prejudice to subsection (2), the Directors
shall have the following responsibilities-
(a) the Director responsible for the Department
of Procurement and Supplier Development
shall be responsible for managing the Joint
Qualification System and the Sierra Leone
Local Content on-line virtual platform and
shall oversee compliance by the public and
private sector on procurement and supplier
development in accordance with the Act;
(b) the Director responsible for the Department
of Employment, Training, Technology
Transfer shall be responsible for overseeing
the development of local staff and their
integration in the workforce, the training of
local workforce, technology transfer and
14 15
Departments
of the
Divisions.
Directors
o f
Departments.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
research and development and shall oversee
the Sierra Leone Local Content Development
Fund referred to in section 29 to support
Sierra Leone content suppliers;
(c) the Director responsible for the Department
of Finance and Administration shall be
responsible for managing the annual
budgeting process, procurement and assets
and human resources development;
(d) the Director responsible for the Department
of Communications and Outreach shall be
responsible for the Agency's internal and
external communications and its Outreach
strategy including community engagement.
(1) The Agency shall have other staff as may be requiredfor the efficient performance of the functions of the Agency.
Public officers may at the instance of the Agency, beseconded or otherwise render assistance to the Agency but the
Agency may request the withdrawal of any such seconded staff
who is unable to carry out assigned functions in a manner satisfactory
to the Agency.
The Board may where it considers it expedient hire orretain services of professionals, consultants and experts as may be
necessary for the proper and effective performance of the functions
of the Agency.
No officer or employee of the Agency or any person actingon the directions of an officer or employee of the Agency shall be
liable in respect of any matter or thing done by him in good faith
under this Act.
Other staff
of Agency.
Secondment
of public
officers.
Professionals
and experts.
Protection
of officers.
PART V– FINANCIAL PROVISIONS
(1) The activities of the Agency shall be financed byfunds consisting of–
(a) any monies appropriated by Parliament for
the purposes of the Agency;
(b) all monies given to the Agency by way of
gifts, endowments, bequest, grant or other
contributions by persons and organisations
for the purposes of the Agency;
(c) all returns on investment, if any;
(d) foreign aid and assistance from donor
agencies; and
(e ) all other monies which may, from time to time,
accrue to the Agency.
(2) The funds of the Agency shall be applied only for the
purposes of the approved budget of the Agency.
(1) The Agency shall keep proper books of account andother records in relation to the activities, property and finances of
the Agency in a form approved by the Auditor-General, and shall
prepare in respect of each financial year of the Agency a financial
statement which shall include -
(a) balance sheet accounts;
(b) income and expenditure accounts; and
(c) source and application of funds;
(2) The accounts of the Agency kept under subsection
(1) shall, not later than two months after the end of each financial
year, be audited by the Auditor-General or an auditor appointed by
him.
Funds of
Authority.
Accounts and
audit of
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
(3) For the purposes of subsection (2), the Auditor-
General or the auditor appointed by him shall be entitled to have
access to all books of account, vouchers and other financial records
of the Agency and to require such information and explanation thereon
as he may think fit.
(4) The Agency shall provide the Auditor-General or
the auditor appointed by him with all necessary and appropriate
facilities for the examination of the accounts and records of the
(5) The Auditor-General or the auditor appointed by him
shall submit to the Agency a report on the audited accounts and the
financial statements referred to in subsection (1) and shall, in his
report draw attention to -
(a) any irregularities in the accounts;
(b) any matters that are likely to adversely affect
the operations of the Agency; and
(c) any other matter which, in his opinion, ought
to be brought to the notice of the Agency.
The financial year of the Agency shall be the same asthe financial year of the Government.
(1) The Agency shall, within three months after the endof the financial year, submit to the Minister a report on the performance
of its functions during that year and on its policy and programmes.
(2) The annual report shall include the accounts and
annual financial statement prepared under section 26 and the report
of the audit thereon.
(3) The Minister shall lay copies of the annual report
before Parliament within two months after he has received the report.
(4) The Agency shall make copies of the report available
to all stakeholders once it has been laid before Parliament.
PART VI–GOODS AND SERVICES
(1) There is hereby established a fund to be known asthe Sierra Leone Local Content Development Fund for the
implementation of Sierra Leone local content development in the
sectors covered under this Act.
(2) The fund shall be managed by the Agency and utilized
for projects, programmes and activities directed at increasing Sierra
Leone local content in the sectors covered under this Act.
(3) The Fund shall receive contributions from the
Government, operators or contractors, private companies and the
donor community.
Leone local content suppliers, importers and exporters which shall
be administered by the Bank of Sierra Leone.
(2) The Bank of Sierra Leone shall identify eligible banks
that shall provide the financing to Sierra Leonean local content
suppliers, importers and exporters.
(3) The Fund shall be established with seed capital from
the Government which shall seek additional funding from international
finance partners.
(4) The fund shall be replenished by the Government.
Sierra Leone local content in any project to be executed in the sectors
covered by this Act shall be consistent with the levels set out in this
Act.
18 19
Financial
year of
Annual
report.
Development
Fund.
Fund to
support
suppliers
importers
And
exporters.
Minimum
Specification
of Sierra
content.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
(2) Operators, alliance partners and contractors shall
comply with the minimum Sierra Leone local content for a particular
project item, service or product specification set out in this Act.
(3) Notwithstanding subsection (1) where there is
inadequate capacity to meet any targets in this Act, the Minister may
authorise the continued importation of the relevant items.
(1) Subject to subsection (2) first consideration shall begiven to service agencies located in Sierra Leone and owned by
citizens for projects and activities covered by this Act.
(2) The service agencies referred to in subsection (1)
shall have adequate resources and capacity to add value to the
operations, project or activities referred to in subsection (1)
(1) Subject to subsection (2) materials, products or goodsmade in Sierra Leone shall be given first consideration where the
quality and timely delivery of such materials, products or goods are
comparable to those available internationally.
(2) Sierra Leonean companies providing materials,
products or goods shall have adequate resources and capacity to
add value to the operations, project or activities referred to in the
sectors covered by this Act.
(3) The following shall apply in the industries-
(a) in the manufacturing industry, operators and
contractors shall use at least ten percent of
domestically produced inputs;
(b) in the bakery and confectionery industry up
to ten percent of cassava flour produced
locally from locally grown cassava shall be
required to be included as input;
(c) in the beer industry, the operators and
contractors shall utilise up to twenty percent
of sorghum produced locally;
(d) in the sugar industry, operators and
contractors shall utilise up to fifteen percent
of sugar produced locally in the first five
years and up to thirty percent in the
succeeding five years for any product
requiring sugar as an additive;
(e) in the soap making industry, operators and
contractors shall utilise up to fifty percent of
palm oil produced locally in the first five years
and up to seventy percent in the succeeding
five years;
(f) in the flour industry, operators and
contractors shall utilise up to ten percent of
wheat flour produced locally in the first five
years and up to thirty percent in the
succeeding five years;
(g) in the hotel, hospitality and tourist industry,
operators and contractors shall utilise up to
twenty five percent of locally produced tie
dye fabric or batik, fabric from locally grown
and woven cotton, carvings made locally and
produced from local wood, furniture locally
produced from local wood and paintings
produced locally or by Sierra Leonean
nationals shall be utilised at all facilities in
the first five years and up to fifty percent in
the succeeding five years.
(4) Subsection (1) and (2) shall apply to section 3.
20 21
Service
sector.
Materials,
Products
and Goods.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
(1) Subject to subsection (2) first consideration shall begiven to Sierra Leonean Companies in the mining sectors for the
award of mining rights, permits or licences in all projects for which a
contract is to be awarded subject to the fulfilment of conditions as
may be specified by the Minister responsible for mines and mineral
resources.
(2) Sierra Leonean companies referred to in subsection
(1) shall demonstrate ownership of equipment and capacity to execute
the contract.
(1) Subject to subsection (2) first consideration shall begiven to Sierra Leonean companies involved in stone quarries and
metal works.
(2) Sierra Leonean companies referred to in subsection
(1) shall demonstrate ownership of equipment and capacity to execute
the contract.
(1) Subject to subsection (2) Sierra Leonean Companiesshall be given first consideration in the award of oil blocks, oil field
licences, oil lifting licences and in all projects for which a contract is
awarded in the Sierra Leonean petroleum sector subject to the
fulfilment of conditions as may be specified by the Petroleum
Directorate.
(2) Sierra Leonean companies referred to in subsection
(1) shall demonstrate ownership of equipment and capacity to execute
the contract.
(1) Operators and contractors in the agriculture sectorshall establish and support out-grower schemes for small holder
farmers in order to create jobs, improve quality of agricultural products,
build capacity, transfer knowledge and technology and build the
revenue of small to medium scale farmers in the rural areas in particular.
(2) Operators and contractors in the private and public
sector shall promote greater use of improved production techniques
and increased use of inputs such as improved seeds and fertilisers to
boost productivity of small holder farmers.
(3) Security of tenure shall be granted to small holder
farmers in order to promote an increased investment and improvements
in the land.
(4) Greater access to credit, market information and access
to water shall be made available to small holder farmers to boost
productivity.
(1) Subject to subsection (2) first consideration shall begiven to Sierra Leonean companies bidding for procuring materials,
products and goods for ministries, departments and agencies.
(2) The Sierra Leonean companies referred to in
subsection (1) shall comply with the requirements stipulated in the
National Public Procurement Act 2004.
(3) Donor agencies, international and local nongovernmental organisations and other entities shall give first
consideration to Sierra Leonean companies for the procurement of
materials, products and goods.
For the supply of food products to public institutions, firstconsideration shall be given to locally produced food .
22 23
Mining
Public Works
and
Construction.
Petroleum.
Agriculture.
Procurement.
Institutional
feed supply.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
PART VII -SIERRA LEONEAN CONTENT PLAN AND OTHER
RELATED PROVISIONS
(1) In a call to tender or in direct negotiations for anyright, licence, concession, permit or interest and before carrying out
operations or commencing a project in the sectors covered by this
Act, an operator shall submit a Plan to be known as the Sierra Leonean
Content Plan to the Agency and thereafter annually demonstrating
compliance with the Sierra Leonean content requirements of this
Act.
(2) The Agency shall review and assess the Plan referred
to in subsection (1) and if satisfied that the Plan complies with this
Act, issue a certificate of authorisation to the operator for that
project.
(3) For the purposes of reviewing or assessing the Plan
referred to in subsection (1), the Agency may conduct a public review
in relation to the exercise of any of its functions under this Act
provided that the review is completed and a certificate is issued or
denied within 30 days from the commencement of the review or
assessment.
(4) The plan referred to in subsection (1) shall contain
provisions intended to ensure that-
(a) first consideration is given to services
provided within Sierra Leone and goods
manufactured in Sierra Leone; and
(b) citizens are given first consideration for
training and employment in the work
programme for which the plan is submitted.
(1) The Plan referred to in section 40 shall set out indetail how an operator or contractor will give first consideration to
Sierra Leonean companies, materials, goods and products made in
Sierra Leone, including specific examples showing how first
consideration is considered and assessed in evaluation of bids for
materials, goods and products required by the project, operations or
activity.
(2) The Plan shall stipulate the extent of local content
that will be utilised in the production process and the percentage
increase in such usage over time, when applications are submitted
for tax and other incentives.
(3) The plan shall specify the extent to which joint
ventures, alliances and other forms of collaboration between foreign
and Sierra Leonean manufacturing enterprises will be used to increase
the manufacturing capacity and know-how of Sierra Leonean
enterprises.
(1) Operators and contractors shall consider Sierra Leonelocal content when evaluating any tender where the tenders are within
five percent of each other at the commercial stage and the tender
containing the highest level of Sierra Leone local content shall be
selected provided the Sierra Leonean content in the selected tender
is at least five percent higher than its closest competitor.
(2) Operators and contractors shall maintain a tender
process for acquiring materials, goods, products and services which
shall give full and fair opportunity to citizens who are indigenous
contractors and Sierra Leonean companies by ensuring that all tenders
are advertised locally and internationally.
(3) The award of a contract shall not solely be based on
the principle of the lowest tender where a Sierra Leonean company
has the capacity to execute the job and the company shall not be
disqualified exclusively on the basis that it is not the lowest financial
tender, provided the value does not exceed the lowest tender by ten
percent.
24 25
Plan.
Plan to
contain
details.
Tender
Evaluation.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
(1) For all proposed projects, operations, activities,contracts, subcontracts and purchase orders estimated by the
operator to be in excess of two hundred and fifty thousand United
States Dollars ($250,000.00) equivalent in Leones the operator shall
provide to the Agency for approval advertisements, pre-qualification
criteria, technical tender documents, technical evaluation criteria
and the proposed list of persons who have placed tenders.
(2) The operator or contractor shall submit sufficient
information with the notifications to enable the Agency to assess the
subject matter and to be satisfied that the requirements of Sierra
Leone local content have been complied with by the operator or
contractor.
(1) The operator shall submit to the Agency a list of allcontracts, subcontracts and purchase orders exceeding 30 days prior
to the first day of each quarter a list of all contracts, subcontracts
and purchase orders not exceeding two hundred and fifty thousand
United States Dollars ($250,000,00) equivalent in Leones for it to be
put out in tender or executed in the upcoming quarter.
(2) For each contract, subcontract and purchase order,
the list shall provide–
(a) a description of the service or item to be
contracted or purchased (material and
equipment specifications shall be provided
upon request);
(b) estimated value of contract, subcontract or
purchase order;
(c) the call to tender issuance date, closure date
and award date; and
(d) any other information requested by the
Agency for the purposes of implementing the
provisions of this Act.
Subject to section 43 the Agency shall advise the operatorby the first day of each quarter, which contracts and subcontracts
have been designated by the Agency for review and shall advise the
operator of the outcome of such contract review.
Prior to issuing advertisements or pre-qualificationnotifications to prospective bidders, the operator shall submit to the
Agency, the following documents for review and approval–
(a) a description of the scope of work;
(b) a copy of the pre-qualification notification, if
these documents differ from the standard prequalification notification previously reviewed
by the Agency;
(c) a list of companies, indicating locations of
head offices, to whom questionnaires shall
be issued; and
(d) anticipated dates for closure of prequalification and commencement of tender
evaluation and issuance of a call to tender.
When compiling a tender list for any project, the operatoror alliance partner shall submit to the Agency, prior to issuing the call
to tender the following documents–
(a) a list of bidders;
(b) a copy of the call to tender (the Agency shall
advise the operator of its requirements in this
regard on a case by case basis);
(c) description of corporate ownership (main
shareholders by percentage) of bidders;
(d) location of any Sierra Leonean based office,
plant or facility;
26 27
Contracts to
be submitted.
Submission of
job forecasts.
Contract
for review.
Documents
for prequalification
stage.
Docu ment
for tenders
list stage.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
(e) anticipated dates for closure of bids and
award of contract or purchase order; and
(f) any other information requested by the
Prior to the award of a contract, subcontract or purchaseorder to the successful bidder, the operator shall submit to the Agency
the following documents-
(a) the name of the selected contractor or vendor;
(b) a list of the designated sub-contractors or
sub-vendors;
(c) where applicable, a list of proposed subsuppliers;
(d) for construction or service contracts, the
estimated Sierra Leonean employment levels
(in person-hours);
(e) contract or purchase order commencement
and completion dates;
(f) an award notification form signed by an
appropriate official of the operator or alliance
partner; and
(g) state of award rationale (evaluation of
tenders) showing -
(i) the percentage difference in price
between the selected bidder and each
tender;
(ii) a primary location of work associated
with each bidder;
(iii) estimates of Sierra Leonean content
associated with the tender of each
bidder calculated in accordance with the
definition of Sierra Leonean content to
be provided by the Agency.
(iv) other information relevant to the
evaluation of bidders including where
applicable, a summary of the technical,
commercial and Sierra Leonean content
aspects of the tender evaluations.
After assessing the documentation received in compliancewith section 48 the Agency shall advise the operator within 10 days
which contracts, sub-contracts and purchase orders have been
designated by the Agency for review, and the designated contracts,
subcontracts and purchase orders shall be reviewed to the
satisfaction of the Agency.
(1) The operator shall submit to the Agency within 30days at the end of each quarter, a listing of all contracts, sub-contracts
and purchase orders exceeding two hundred and fifty thousand
United States Dollars ($250,000.00) equivalent in Leones or such
other limit as the Agency may determine, awarded in the previous
quarter.
(2) The listing of all contracts, sub-contracts and
purchase orders referred to in subsection (1) shall provide–
(a) a list of all items and services;
(b) value of contract or purchase order;
(c) name of the successful contractor or vendor;
(d) a primary location of work;
(e) estimates of Sierra Leonean content;
28 29
Documents
for award
stage.
Designation
and review
of contracts.
Quarterly
Procurement
Report.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
(f) commencement and completion dates; and
(g) any other information required by the Agency
for the purposes of implementing the
provisions of the Act.
Where applicable, before carrying out any work or activityin Sierra Leone, the operator or contractor or other body submitting
a plan shall establish in the Catchment Area where the project is to
be located, a project office where project management and
procurement decision making shall take place, to the satisfaction of
the Agency.
The operator or contractor referred to in section 51 shalllocate, within the project office, personnel with decision-making
authority in accordance with a list of personnel to be approved by
the Agency.
Subject to section 51 the Agency shall have powers torequire any operator to maintain an office in the community where
the operator has significant operations.
PART VIII–EMPLOYMENT AND TRAINING OF CITIZENS
(1) First consideration shall be given to citizens with therequired qualifications for employment and training in any project
executed by any operator or contractor in the sectors covered by this
Act.
(2) First consideration shall be given to citizens
possessing the necessary or adequate qualifications, and having the
requisite expertise and experience for employment in all phases of
operations in all the sectors covered by this Act and in accordance
with the labour laws.
(1) The Agency shall ensure that the operator orcontractor hire and maintains a reasonable number of personnel who
are citizens with the required skills from areas it has operations.
(2) An operator or contractor with operations in any of
the sectors covered by this Act shall not import unskilled labour for
carrying out any of its operations undertaken under any right, licence,
permit or concession.
(3) For each of its operations, an operator or contractor
shall submit to the Agency, a succession plan for any position not
held by citizens and the plan shall provide for citizens to understudy
incumbent expatriates.
(4) All staff employed by Sierra Leonean or foreign
companies that hold the same professional category and exercise
similar functions, shall enjoy the same benefits such as salary and
emoluments as well as working conditions under the principle of
equal rights.
(5) A company shall submit to the Agency conditions of
service and staff demography of its operators
(1) For each of its operations, an operator or contractormay retain a maximum of fifty percent of management positions as
may be approved by the Agency as expatriate positions representing
investor groups during the first five years of its establishment after
which it may retain a maximum of forty percent of management
positions as may be approved by the Agency as expatriate positions
representing the investor groups.
(2) An operator or contractor may retain a maximum of
fifty percent of intermediate positions as may be approved by the
Agency as expatriate positions during the first five years of its
establishment after which it may retain a maximum of twenty percent
of intermediate positions as may be approved by the Agency as
expatriate positions.
(3) Upon the commencement of this Act, an operator or
contractor shall make an application to, and receive the approval of
the Agency before making any application for an expatriate quota to
the Minister responsible for labour or any other ministry, department
or agency of the Government of Sierra Leone.
30 31
Establishment
of project
office.
Personnel
office.
Office in the
community
of operation.
Employment
and training.
Employment
of citizens.
employment
fo r
Expatriates.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
(4) The application referred to in subsection 3 shall be
detailed and shall include-
(a) job titles;
(b) description of responsibilities;
(c) the duration of the proposed employment in
Sierra Leone;
(d) the curriculum vitae of the expatriate staff;
(e) the remuneration, allowances and other
emoluments of the expatriate staff;
(f) evidence of advertisements or other
publications of the job openings including
the job description;
(g) justification for the hiring of the expatriate
staff; and
(h) any other information required by the Work
permit Committee established under section
34B of the General Law Business Start Up
Act 2007 for the purposes of implementing
this Act.
(5) All projects or contracts whose total budget exceeds
fifty million United States Dollars ($50,000,000.00) equivalent in
Leones shall contain a "Labour Clause" mandating the use of a
minimum percentage of Sierra Leonean labour in specific cadres as
may be stipulated by the Agency.
(6) All operators or contractors and other entities
operating in Sierra Leone shall employ only citizens in junior and
intermediate cadres or any other corresponding grades designated
by the operator or contractor.
(1) The plan submitted by an operator or contractor forany project shall contain an employment and training plan which
shall contain–
(a) an outline of the-
(i) hiring and training needs of an operator
or contractor or subcontractor with a
breakdown of the skills needed;
(ii) anticipated skills shortages in the Sierra
Leonean labour force;
(iii) project specific training requirements;
and
(iv) anticipated expenditures that will be
made directly by the operator in
implementing employment and training
plan as a forecasted and actual
expenditure;
(b) a time frame for employment opportunities
for each phase of project development and
operations to enable members of the Sierra
Leonean workforce to prepare themselves for
such opportunities;
(c) any other information required by the Agency
for the purposes of implementing this Act
(2) Where citizens are not employed because of lack of
training, an operator or contractor shall ensure, to the satisfaction of
the Agency, that every reasonable effort is being made within the
reasonable time to train locally or elsewhere and such effort and the
procedure for its execution shall be contained in the operator's
employment and training plan.
32 33
.
Employment
and Training
Plan.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
(3) An operator or contractor in any of the sectors
covered by this Act shall carry out a scheme of training and
employment for employees who are citizens in each phase and level
of an operation, activity or project, taking into account the
requirements of safety and the need to maintain acceptable standards
of efficiency in the conduct of the operations.
(4) The training programme referred to in subsection (3)
shall provide appropriate instruction and training to ensure the
advancement of employees who are citizens in the skilled, technical,
supervisory, administrative and managerial categories.
(5) An annual written report shall be submitted to the
Director-General describing the personnel employed both old and
new, their nationality, their employment status, the positions and
the status of training programmes for citizens .
(1) All operators or contractors shall sign an agreementwith the Agency on an annual basis on the obligation to integrate
citizens in the workforce.
(2) The agreement referred to in subsection (1) shall
take into account the current state of development of human
resources in the operation.
(3) The agreement shall provide -
(a) the organisational structure of the company
and prospects for its development;
(b) the number, roles and occupational profiles
of the workforce, both foreign and local
including their salary structure at the time of
the signing of the agreement;
(c) a career plan;
(d) a the plan to achieve the goals of integrating
personnel who are citizens; and
(e) a contract review programmes to adjust to
the status of an operation.
(1) For the purpose of implementing the annual agreementwith the Agency to integrate citizens into the workforce, each
contractor shall submit to the Agency a plan for human resource
development.
(2) The plan for human resource development referred
to in subsection (1) shall contain–
(a) a definition of the type of technology and
management experience to transfer to staff
who are citizens including detailed
description of the same, the manner and time
frame for such transfer;
(b) a description of the forecasting of the
workforce including the number of
technicians to be employed in the operation,
their job descriptions and information on the
total number of employees in each category;
(c) details on the integration process of
personnel, who are citizens indicating the
number of personnel to be integrated, the
employment positions and their professional
and labour categories;
(d) details on the training programme for
personnel who are citizens in line with their
defined career plans; and
(e) definition of the housing, transportation, food
and other social benefits that are necessary
for the integration of citizens.
34 35
workforce
agreement.
Human
Resources
Plan.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
(3) Every operator or contractor in any of the sectors
covered by this Act shall work closely with the Government of Sierra
Leone to–
(a) support tertiary and technical institutions to
provide the requisite training for the
workforce;
(b) transform the education curriculum of tertiary,
vocational, technical and commercial
education institutions by prioritising science
and technology based on the skills required
by the industrial growth sectors;
(c) align the education, curriculum of tertiary,
vocational, technical and commercial
educational institutions with the growth
sectors of the economy such as mining
petroleum, fisheries and agriculture with a
view to building a skilled workforce;
(d) support on-the-job training and internships
for youths and develop artisanal training for
youths that have lower level of education;
(e) develop entrepreneurship and management
institutes to build managerial and technical
skills required for employment and the
provision of goods and services; and
(f) promote skills development for youths
through on-the-job training, internships and
artisanal apprenticeships in established
industries and firms.
(4) The Government of Sierra Leone shall provide
incentives for sector specific training and skills development in
entrepreneurship and management offered by public and private
sector institutions, industry associations and by private companies.
(1) Every operator or contractor in any of the sectorscovered by this Act shall pay into the Development Fund referred to
in section 29, an annual training research and development fee as
may be provided in the licence, permit, contract, concession,
agreement or alliance partnership agreement.
(2) For every project for which a plan is submitted, an
operator shall carry out a programme and set aside an expenditure
allowance, to the satisfaction of the Agency, for the promotion of
education, attachments, training, research and development in Sierra
Leone in relation to its work programme and activities.
(3) The operator or contractor shall submit to the Agency
and update every six months, an operator's or contractor's research
and development plan.
(4) The operator's or contactor's research and
development plan referred to in subsection (3) shall–
(a) outline a revolving three to five year plan for
related research and development initiatives
to be undertaken in Sierra Leone in the
sectors covered by this Act, together with a
breakdown of the expected expenditures that
will be made in implementing the research and
development plan; and
(b) provide for public calls for proposals for
research and development initiatives
associated with the operator's activities.
(5) The operator or contractor shall report to the Agency,
on a quarterly basis, with respect to its research and development
activities and the Agency shall compare these activities to the
operator's or contractor's research and development plan.
36 37
Research and
Development.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016
(1) Every operator or contractor in any of the sectorscovered by this Act shall prepare and implement plans for the transfer
to employees, advanced technological skills relevant to the respective
sectors, in accordance with Sierra Leone's own plans and priorities,
to the satisfaction of the Agency.
(2) The operator or contractor shall give full and effective
support to technology transfer by encouraging and facilitating the
formation of joint ventures, alliances, partnerships and the
development of licensing agreements between Sierra Leonean and
foreign contractors, service or supplier companies' agreements in
fulfilment of the requirements for Sierra Leonean content development
to the satisfaction of the Agency.
(3) The operator or contractor shall submit a report to the
Agency annually describing its technology transfer initiatives and
their results and the Minister shall make regulations setting targets
on the number and type of joint venture or alliances to be achieved
for each project.
PART IX-–SYSTEMS AND COORDINATING FORUM
(1) The Agency shall establish a Sierra Leonean contentcertification scheme for the supply of designated materials, goods
and services.
(2) The Agency shall designate the materials, goods and
services to which the Sierra Leone local content certification shall
apply.
(3) The methodology for the calculation of Sierra Leone
content for designated materials, goods and services shall be laid
down in regulations .
(4) The calculation of Sierra Leone local content shall
not apply to the resale of imported goods, services or materials.
The Agency shall establish a Sierra Leone local contentscorecard system which shall–
(a) provide a system of measuring compliance
with Sierra Leone local content development;
38 39
(b) establish a generic scorecard with elements
and weightings based on sector codes;
(c) set a framework for the accreditation of Sierra
Leone local content development verification
agencies; and
(d) set a transitional period for the entry into
force of the scorecard.
The Agency shall establish a Sierra Leone local contenton-line internal portal which shall–
(a) provide a virtual platform to facilitate
transactions required for efficient delivery of
goods and services in the industry;
(b) provide functional interface with the joint
qualification system and provide a universal
and transparent governance structure drawn
from industry stakeholders;
(c) perform all other functions, roles and
responsibilities directed by the Minister in
accordance with this Act; and
(d) track and monitor Sierra Leone local content
performance of operators, project promoters
as well as suppliers and service providers
with the provision of relevant feedback.
(1) The Agency shall establish, maintain and operate ajoint qualification system in consultation with industry stakeholders
which shall be administered in accordance with Regulations made
by the Minister in accordance with this Act.
(2) The joint qualification system shall constitute an
industry databank of available capabilities and shall be used for -
(a) the registration and selection of technically
capable contractors for tenders of not less
than two hundred and fifty thousand United
States Dollars ($250,000.00) equivalent in
Leones in value ;
Technology
Transfer.
Certification.
Content online internal
portal.
Scorecard.
Joint
Qualification
System.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 201640 41
(b) verification of contractors' capacities and
capabilities;
(c) evaluation of application for Sierra Leonean
content in the operations of operating
companies and contractors;
(d) database for national skills development
pool; and
(e) ranking and categorisation of service
companies based on capabilities and Sierra
Leonean content.
(1) The Agency shall set up a consultative body to beknown as the Sierra Leone Local Content Consultative Forum which
shall provide a platform for information sharing and collaboration in
the sectors covered by this Act with respect to -
(a) upcoming projects in the sectors;
(b) information on available local capabilities; and
(c) other policy proposals that may be relevant
to Sierra Leonean content development.
(2) The Sierra Leone Local Content Consultative Forum
shall be made up of key industry stakeholders, government and
regulatory agencies, chambers of commerce, professional
associations and representatives from the following sectors -
(a) fabrication;
(b) engineering;
(c) financial services;
(d) legal services;
(e) insurance;
(f) shipping and logistics;
(g) materials and manufacturing;
(h) information and communication technology;
(i) mining;
(j) petroleum;
(k) agriculture and agri-business;
(l) hotel and tourism;
(m) construction and public works;
(n) education and training and;
(o) any other professional services nominated
by the Agency.
PART X–MEASURES TO MONITOR AND EVALUATE SIERRA
LEONEAN CONTENT COMPLIANCE
Within sixty days of the beginning of each year, the operator,contractor or subcontractor shall submit to the Agency an annual
report to be known as the Sierra Leonean content performance report
covering all its projects and activities for the year under review.
(1) Subject to section 67 the Sierra Leone local contentperformance report shall specify by category of expenditure, the Sierra
Leone local content on both the current and cumulative cost basis
and shall set out -
(a) employment achievement in terms of hours
or days worked by Sierra Leonean and foreign
workers and their status; and
(b) procurement achievement in terms of
quantity and tonnage of locally manufactured
materials and materials of foreign origin.
(2) The Agency shall undertake regular assessment and
verification of the Sierra Leone local content performance report filed
by the operators or contractors in compliance with this Act as may be
considered appropriate by the Agency.
Consultative
Forum
Sierra Leone
Performance
Report.
Content of
Performance
Report.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 201642 43
(3) The Agency shall issue directives to operators,
contractors, other entities or persons in order to develop a process
to facilitate reporting of activities relating to any aspect of this Act.
(4) For the purposes of assessment and verification,
operators and contractors shall provide the Agency or its designated
agent with access to their facilities, documentations and information
required for substantiating Sierra Leone local content report.
(5) The operator shall effectively communicate its Sierra
Leone local content policies and procedures to its contractors and
subcontractors to monitor and enforce their compliance
PART XI -–OFFENCES
(1) An operator or contractor who carries out any projectcontrary to this Act commits an offence and is liable upon conviction
to a fine of five percent of the project sum for each project in which
the offence is committed.
(2) An operator or contractor who continues to carry out
any project contrary to this Act, after being fined under subsection
(1) , shall have investment incentives associated with the project to
the value of ten percent of the project sum withdrawn or shall result
in the cancellation of the project.
Any person who obstructs, impedes , interferes or fails tocomply with any lawful demand of an authorised officer of the Agency
in the performance of his functions under this Act commits an offence
and shall be liable on conviction to a fine not below ten million
leones (Le10,000,000.00) or to imprisonment for a term not exceeding
five years or to both the fine and imprisonment.
Where an offence under this Act is committed by a bodyof persons–
(a) if the body of persons is a body corporate,
every director or officer of that body shall be
deemed to have committed the offence;
(b) if the body of persons is a firm, every partner
of that firm shall be deemed to have
committed that offence:
Act the court may in addition to any other penalty imposed -
(a) make an order for the forfeiture of any funds,
money instruments, documents, facilities,
vehicles, crafts, vessels or equipment used
in the commission of the offence; and
(b) make an order -
(i) for the forfeiture of goods or materials
obtained or recovered in the course of
the commission of the offence;
(ii) for the payment by that person to the
State of an amount equal to the proceeds
received of the sale of goods and
services so obtained or recovered; or
(iii) for the payment by that person to the
State of the value at the wellhead,
assessed by the court in respect of the
quantity recovered or for the payment
of a part of that amount as the court,
having regard to all the circumstances,
thinks fit.
(2) Where the court is satisfied that an order made under
subparagraph (i) of paragraph (b) of subsection (1) cannot for any
reason be enforced, the court may, upon the application of the person
by whom the proceedings were brought, set aside the order and
make an order referred to in subparagraphs (ii) and (iii) of paragraph
(b) of subsection (1).
Order of
forfeiture.
Obstruction.
Offence by
body of
persons.
Offences
and penalties.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 201644 45
(2) The court may, before making an order under this
section, require notice to be given to, and to hear any person as the
court thinks fit.
(a) misrepresents or attempts to misrepresent the
Sierra Leonean content status of an
enterprise;
(b) provides false information or misrepresents
information to the Verification Personnel in
order to secure a particular Sierra Leonean
content status or any benefit associated with
compliance with this Act; or
(c) provides false information or misrepresents
information relevant to assessing the Sierra
Leonean content status of an enterprise, to
any organ of state or public entity.
(2) A person who commits an offence under subsection
(1) is liable on conviction to a fine not below ten million leones
(Le10,000,000.00) or to imprisonment for a term not exceeding five
years or to both the fine and imprisonment.
PART XII–MISCELLANEOUS PROVISIONS
(1) The Minister shall conduct a review of the quantitativetargets in specific sectors established under this Act every two years
with a view to ensuring a measurable and continuous growth in
Sierra Leonean content in all projects, operations, activities and
transactions in the sectors covered by this Act.
(2) The Agency shall make standing orders regulating its
proceedings and those of its standing committees in consultation
with the Minister.
(a) all rights, liabilities, assets, obligations and
privileges of the Local Content Unit are
hereby transferred, conferred or imposed on
the Agency;
(b) a reference in any deed, contract, bond,
security or other legal document to the Local
Content Unit shall have full force and effect
and be enforceable as fully and effectually
as if the Agency has been named therein and
has been a party thereto.
Local Content Unit as shall be specified by the Minister in writing
shall be transferred to the Agency without prejudice to any
entitlement to pension, gratuity or other vested or accrued rights
from their previous employment; and on such terms and conditions
of service no less favourable as were applicable to them in their
previous employment.
The Minister may by statutory instrument make regulationsfor carrying out the purposes of this Act particularly for–
(a) establishing the minimum standards,
facilities, personnel and technology for
training in the sectors covered by the Act;
(b) specifying modalities involving operators as
partners in training and development;
Misrepresentation.
Regulations.
Review of
quantitative
Targets.
Transfer of
assets etc.
Transfer of
Certain
Employees.
No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 201646 47
(c) setting out targets to ensure-
(i) full utilisation and steady growth of
indigenous companies engaged in
exploration in the case of the mining and
petroleum sectors and in other
preliminary activities or operations in
the other sectors covered by this Act;
(ii) seismic data processing in the case of
the mining and petroleum sector;
(iii) engineering design;
(iv) reservoir studies;
(v) gps surveys in the case of agriculture;
(vi) manufacturing and fabrication of
equipment; and
(vii) other facilities as well as provisions of
other support services in Sierra Leone
in the sectors covered by this Act.
(d) setting targets on the number and type of
such joint venture or alliances to be achieved
for such project;
(e) setting targets for the growth of research and
development in sectors covered by this Act
in Sierra Leone
(f) require any operator or company or its
professional employees engaged in the
PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE.
GAZETTE NO. 11 OF 3RD MARCH, 2016.
provision of engineering or other pro-fessional services in
the sectors covered by this Act to be registered with the
relevant professional bodies in Sierra Leone;
(g) requiring any operator to invest in or set up a facility,
factory, production units or other operations in Sierra Leone
for the purposes of carrying out any production,
manufacturing or providing a service otherwise imported
into Sierra Leone; and
(h) regulating the Sierra Leonean Content Certification and
the Sierra Leone local Content Scorecard.
Passed in Parliament this 24th day of November 2015, in the year of our Lord
two thousand and fifteen.
IBRAHIM S. SESAY,
Clerk of Parliament.
THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which
has passed Parliament and found by me to be a true and correct printed copy of the
said Bill.
IBRAHIM S. SESAY,
Clerk of Parliament.
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