(Ratification) Act, 1981

ACT Supple ment to the Sierra Leone Gazette dated 7th May, 198I Vol. CXIL No. 27 SIGNED this 6th day of May, 1981. LS ACC. NO. 156|LOCATION CLASS NO. CHECKED BY S. I. KOROMA, Acting President. SIERRA EONE L# SCHOOL LIBRARY No. 1 1981 Slerra Leone The Bauxite Mineral Prospecting and Mining Supplementary Agreement 1980 (Special Provisions) Short title. (Ratification) Act, 1981 [lst January, 1978] Date of cemmence WHEREAS an agreement (hereinafter referred to as the Principal ment. greement) was made on the 31st day of October ,1961 betwee the Minister of Lands, Mines and Labour acting for and on behalf fthe Government of Sierra Leone (hereinafter referred to as "the 2 No.1 Bauxite Mineral Prospecting and Mining Supplenentary 19R1. Agreement 1980 (Special Provisions) (Rutification) Government")of the First part, the Sierra Leone Ore and Metal Company Limited, a company incorporated in Sierra Leone, whose registered office is at Ludgate House, Freetown (hereinafter referred to as “The Company ")of the Second part and Swiss Aluminium Limited then known and infact known up to 1963 as Aluminiumn Industries-Aktien-Gesellschaft (hereinafter referred to as Alu suisse ")of the Third part. AND WHEREAS the Principal Agreement was ratified: and con Act No.35 firmed by an Act shortly entitled The Bauxite Mineral Prospecting of 1962. and Mining Agreement (1961) (Ratification) Act, 1962. AND WHEREAS an Agreement (hereinafter referred to as "the Supplementary Agreement of 1976") was made on 24th August 1976 between the Minister of Mines and Lands for and on behalf of the Government of Sierra Leone of the First Part and the Sierra Leone Ore and Metal Company Limited, a Company incorp rated in Sierra Leone, whose rogistered office is at Ludgate House Free town (hereinafter referred to as "TheCompany") of the Second Part and Swiss Aluminium then known as Aluminium-Industrie– AktienGesellschaft (Lereinafter referred to as "Alusuisse") of the Third Part. Act No. 2 AND WHKREAS the Supplementary Agreement of 1976 was of 1977. ratified by an Act shortly entitled The Bauxite Mineral Prospecting and Mining Supplementary Agreement 1976 (Ratification) Act, 1977. AND WHEREAS the Government, the Company and Aluswisse have agreed to make certain amendments and variations to the Principal Agreement: AND WHEREAS the amendments and variations aforesaid are contained in an Agreement (hereinafter referred to as the "Sup plementary Agreement of 1980") made on the 18th day of March, 1980between the Minister of Mines acting for and on behalf of the Government of the First Part, Mr. J. J. Comtesse acting for and on behalf of the Company of the second part and Dr. P. H. Mueller and Mr. J. L. Chevaillier acting for and on behalf of Alusuisse cf the third part, which Agreement is set out in the Schedule hereto: AND WHEREAS it is desirable that the Supplementary Agree ment of 1980 should be ratified and confirmed: BE IT THEREFORE ENACTED by the President and Members of Parliament in this present Parliament assembled, as follows: Commenee 1. This Act shall be deemed to have come into operation meDt. on the 1st day of January, 1978. .No.1 Bauxite Mineral Prospecting and Mining Supplementary 1981 Agreement 1980 (Special Provisions) (Ratification) :

The Agreement set out in the Schedule hereto is herebyratified and conirmed and all rights and obligations purported to be conirmed or imposed lereby are declared vaiid any 1aw to the contrary notwithstanding, and notwithstading anything in any law contained, the Minister assigned with the responsibility for matters relating to Mines or any other person shall have power to do on behalf of the Government of Sierra Leone any act which the aforesaid Agreement may require or allow in the name of the said Minister or of the Government of Sierra Leone : Provided, however, that, in the event of any conflict or inconsistency between the provisions of this Act and the provisions of the Principal Act,the provisions of this Act shall, to the extent of such conflict or inconsistency, prevail over the provisions of the Principal Act.

BAUXITE MINERAL PROSPECTING AND MINING SUPPLEMENTARY AGREEMENT, 1980 MEMORANDUM OF AGREEMENT THIS AGREEMENT made the 18th day of MARCH One Thousand Nine Hundred and Eighty BETWEEN The Honoureable FRANCIS STEPHEN CONTEH, Esquire, Minister of Mines, acting for and on behalf of the Government of the Republic of Sierra Leone (hereinafter referred to as “the Government") of the One Part and the Sierra Leone Metal Company Limited, a Company incorporated and existing under the laws of Sierra Leone whose registered Office is at Ludgate House Freetown (hereinafter referred to as the Company ")of the Second Part and Swiss Aluminium Limited, a Company incorporated and existing under the laws of Switzerland with its Head Office in Zurich, Switzerland (hereinafter referred toas "ALUSUISSE")of the Third Part. WHEREAS (1)The Government, the Company and Alusuisse bave conducted negotiations with a view to improving the terms of the existing Principal and Supplemental Agreements. (2) This'Agreement is supplemental to the Bauxite Mineral Pros pecting and Mining Agreement made the 31st day of ctober, 1961 between the Government, the Company and ALUSUISSE (at that time known as Aluminium-Industrie-Atkien-Gesells chaft (ALAG)which together with the Bauxite Mineral Pros pecting and Mining Supplementary Agreement made the 24th day of August, 1976 except as hereinafter provided. shall remain in full force and effect. :4 No. 1 Bauxite Mineral Prospecting and Mining Supplementary 1981 Agreement 1980 (Special Provisions) (Ratifcation) 19 Asow THEREFORE IT IS HEREBY AGREED AS FOLLOws: 1. The Company shall continue to be a wholly owned subsidiary of Alusuisse for ten years with effect from lst January, 1978 after which the Government may, at its option, acquire a controlling interest in the Company inaccordance with its declared Mining Policy. 2. (1) With efect from 1st January, 1978, the total revenue payable to the Government in respect of bauxite produced and exported from Sierra Leone shall be a lump sum of Le2 (two leones) per meric ton of bauxite exported in lieu of Royalty, Mining Lease and Special Exclusive Prospecting Licence (SEPL) rents, Income Tax, Surtax, if any. 2. (2) The said lump sum of Le2 (two leones) per metric ton of bauxite lexported is established on the basis of an Aluminium Metal price of US dollars 1,300.00 such Aluminium Metal Price being published twice weekly in the Metal Bulletin'", London (hereinafter referred to as MBL"),under the headings "Non-ferrous primary metals ""Aiuminium virgin ingots world price, Canadian cif all main ports excluding USA, Canada and Latin America). 2. (3) The said lump sum of Le2 (two leones) per metric ton of bauxite xported shall be adjusted upward or dowrward on the 1st day of January ch year for the respective calendar year (the first time on 1st January, r980, for the calendar year 1980) in direct proportion to the change in the Aluminium Metal price considering the last publication of such Aluminium netal .price in the MBL (Or in any periodical that may at any time take he place of the MBL) in December of the preceding year. On 1st January, 980for example, the l mp sum shall be adjusted for the calendar year 1980 ccording to the following formula: Escalated lump sum: 1. 1. 1980-31. 12. 1980=Le2 x X US DLRS. 1,300.00 being the last Aluminium metal price in (US dollars) published in the[BL in December, 1979: Provided thatthe payable lump sum shall at no time be less thanpZ (two leones) per metric ton of bauxite exported.

The Company shall in addition pay all normal customs charges e.g.aties, fees, ues, et., on its direct imports providing that it shall not paych customs charges on the following capital items essential for the develop-pt andextension of the Company's mining operations. o. 1 Bauxite Mineral Prospecting and Mining Supplenentary 1981 Agreement 1980 (Špecial Provisions) (Raification) (a) Drilling machines for prospection; (6) Mining equipment (dozers, excavators, graders, payloaders and scrapers); (c) Dumpers for transportation of bauxite. ()Semi-Trailers and Tractors for semi-trailers; (e) Marine equipment (pushboats, barges and launches); In addition it is agreed that all spare parts and tyres for the mining operation related to items (a)to (e) above are exempt from all such custom charges.

The Government in pursueance of its indigenisation policy shallbe allowed to nominate suitably qualified Sierra Leoneans to the posts of Deputy General Manager, Deputy Chief Geologist and Deputy Chief Accoun tant for appointments by the Company.

Officer an annual surface rent for all land occupied or used for tie purposes enumerated in Section 35 (1) of the Minerals Act (Cap 196) at the rate of Le10 (ten leones) per acreper annum with effect from lst January, 1978. IN WITNESss WHEREOE, the Parties hereto have executed this Agreoment as of the day and year first above written. FOR THE GOVERNMENT OF SIERRA LEONE. (SIGNED) F. S.CONTEH LSSIGNED, SEALED AND DELIVERED by the said FRANCIS STEPHEN CONTEH, Minister of Mines, in the presence of: S. M. JONJO SIMEON M. JONJO Permanent Secretary Ministry Mnes FOR SIERRA LEONE ORE AND METAL COMPANY LIMITED (sIGNED) J. J. COMTESSE L3)SIGNED, SEALED AND DELIVERED by LS the said J. J. COMTESSE in the presence of: P. A. PAUL No. 1 Bauxite Mineral Prospecting and Mining Supplementary 19 Agreement 1980 (Speciàl Provisions) Ratification) FOR SWISS ALUMINIUM LIMITED (sIGNED) P. H.MUELLER and J. L. CHEVAILLIER SIGNED, SEALED AND DELIVERED by the said P. H.MUELLER and J. L. CHEVAILLIER in the presence of: P. A.PAUL (LS Passed in Parliament this 6th day of April, in the year of our Lord one thousand nine hurdred and eighty-one. J. W. E. DAVIES, Clerk of Parliament. THS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and fcund by me to be true and correctly printed copy of the said Bill. J. W.E. DAVIES, Clerk of Parliament. PRINTED SY THE GoVERNENT PRINTINO DrARTMENT, SERRA LBONB GAZETTENo.27 oOr 7 MAY, 1981