Law library · Sierra Leone · Oil Agreement (1979)(Ratification) Act, 1982
Section 6: FINANCIAL OBLIGATIONS OF THE COMPANIES
Status not yet checkedOil Agreement (1979)(Ratification) Act, 1982, Sierra Leone
(1)The Companies shall :
(i) pay a cash bonus of twenty leones (Le20) per retained
square mile or part thereof on discovery of oil in
commercially exploitable quantities;
(ú) pay a cash bonus of five hundred thousand dollars
($500,000) when production shall have reached seventy.
five thousand (75,000) barrels per day for thirty (30)
consecutive days;
(ii)pay a cash bonus of one million dollars (S1,000,000)
when production shall have reached one hundred thousand
(100,000) barrels per day for thirty (30) consecutive daysi
(iv) pay a cash bonus of two million dollars ($2,000,000)
when production shall have reached two hundred thousand
(200,000) barrels per day for thirty (30) consecutive days;
(1) pay a cash bonus of three million d llars (S3,000,000)
when production shall have reached three hundred
thousand (300,000) barrels per day for thirty (30)
secutive days;
No. 2 Exploraion,Mining dnd Processing Mineral 1982
(2) i)Rental shall be payable half-yearly in advance on the Explo
ration Area held by the Companies at an anual rate of fity
cents (Le0.50) per retained square mile or part thereof for
the frst five (5)years, thereafter twenty leones (Le20) per
retained square mile or part thereof during the exploratory
period.
(ii) The Companies shall pay to the Government half-yearly in
advance a mining lease rent at the rate of nine hundred leones
(Le900) per square mile or part thereof per year for the first
ten (10) years of the term of the lease. Thereafter the Com
panies shall pay to the Government half-yearly in advan a
mining leaso rent at the rate of one thousand three hundred
and fifty leones (Lel,350) per square mile or part thereof.
The first payment shall be made within thirty (30) days of the coming
into force of this Agreement and shall be proportionate to the amount of
time remaining in the half-year.
(111) The Companies shall pay to the Government a surace rent
in respect of any enjoyment of any easements, right of way
and the like as specified in this Agreement.
(3) (i) Expenditure obligation shall ba ten leones (Le10) per square
mile or part thereof for the first two (2)years of the explora
tion period and fifty leones (Le50) per square mile or part
thereof thereafter.
(ii) Within six months after the end of the exploration period,
the Companies shall in the event no commercial mineral oil
deposit has been found, submit a full report to the Govern
ment, supported by adequate documents, indicating the total
amount spent by it on exploration operations during the said
period. Áfter verification of such report, any sum by which the
total expenditure may fall short of the total minimum expendi
ture obligation herein laid down shall be paid by the Companies
to the Government.
(i)During the first two (2) years after the commencement of
exploration operations, the Companies may not suspend or
stop operations for any reason except Force Majeure as
prescribed in this Agreement. But at any time after the end
of the said two years period, it may relinguish its rights subject
to the requirement of notice as laid down in Clause 5 of this
Agreement and to having fulfilled all obligations that it may
have incurred up to thedate of relinquishment, including in
particular the relevant minimum expenditure obligation. In,the
event that there remains an unexpended balance, up to fhc
date of notification of relinguishment, such balance shall be
€
paid by theCompanies to the Government. However, should
the Companies ccase oxploration at the end of the two years
from the obligation to pay such shortfall to the Government
provided the Companies have fully carried out their under
taking set out in Clause 6 (3) of this Agreement.
(4) (a) The Companies shall be subject to the provisions of the Income
Tax Act in force applicable to Companies generally.
(6) In addition to Sub-clause (4) (a) the Companies shall be liable
to Surtax in force in accordance with the Surtax (Temporary
Imposition) Act.
(c) Notwithstanding Sub-clause (4) (a) and Sub-clause (4) (b) the
total tax liability of the Companies to the Government in
respect of Income Tax and Surtax for any year of assessment
shall be an amount equal to fifty percent (50/%) of its charge
able income ascertained in accordance with the provisions of
the Income Tax Act in force.
(d) In computing the total amount of Income Tax and Surtax
tobe paid by the Companies in respect of any year of assess
ment there shall be deducted from the amount of tax payable
payments made in respect of Royalty as provided for in Sub
clause (6)in so far as such payments fall due within the same
year of assessment; so that in any year of assessment the tax
paid by the Companies under Sub-clause (4) (a) and Sub
clause (4) (b) together with the said Royalty shall not exceed
1ffty per centum of the chargeable income of the Companies
ascertained in accordance with the provisions of the Income
Tax Act in force:
Provided that if the said Royalty exceeds fifty per centum
iiof the chargeable income of the Companics the Royalty shall
tbibe payable in full for that year.
(5)(a) In computing the chargeable income of the Companies no
deduction shall be allowed for payments made in respect of
Royalty as provided for in Sub-clause (6), depletion, amorti
9zation of debts, taxes and other imports paid by the Companies
outside Sierra Leone.
(6)Capital Allowances shall be granted in accordance with the
Third Schedule to the Income Tax Act.
Provided that:
i: i) all expenditure, including prospecting expenditure,
other than on plant, machinery and buildings
incurred by the Companies during the exploration
No, 2 Exploration, Mining and,Processing Mineral 1982
period, less the Companies net procceds from the
sale of materials produced in the conduct of its
activities in SierrLeone under and pursuant to
this Agreement and sold prior to beginning of pro
duction period, and the market value of stocks,
unsold petroleum held by the Companies less the
anticipated expenses of transporting and selling the
same shall be deemed to constitute exploration
expenditure and as such shall be subject of capital
allowances at the rate of ten per centum per annum.
(ii) Cash bonus paid as provided for in Sub-clause 6 (1)
shall be subject of capital allowance at the rate of
ten per cent per annum.
(6) (a) The Companics shall pay to the Government aRoyalty equal
to 12 of the value of all crude oil produced and saved in
the Authorised Area cach year, excluding Petroleum used by
it in its operations. The value of Petroleumn shall be calculated
on the basis of posted prices as defined in Clause 14.
(6) The Royalty provided for in the preceding Sub-clause (6) (a)
shall be paid in whole or in part cither in cash or in kind at
the Government's choice. Where the Government elects to
receive Royalty in kind, it shall give the Companies notice in
writing of the quantities required during a specific year not
less than (3)months before the beginning of the ycar.
(c) The Royalty payable in respect of Natural Gas sold in or
exported from Sierra Leone or used by the Companies to
manufacture any substances for sale or export shall be equal
to 124% of the proceeds of the sale thereof.
(a) Royalties shall be paid quarterly. The amount payable in
respect of each quarter of the calendar ycar shall be paid by
the Companies not later than thirty (30) days after the end
of the quarter.
(7)
from the Companies in respect of Authorised operations, except
Notaxes shall be imposed on, or payments of any nature required
for the following:
(a) Payments to be made to the Government as laid down in
Clause 6 of this Agreement:
(b) Income Tax as provided for in Clause 6;
(c) Customs duties as laid down in Clause 9;
(d) Payments to the Government of taxes required by the
Income Tax Law to be withheld from salaries paid to
, Employees and payments made to Contractors in Sierra
Leone as provided for in Clause 6;
10 Exploralion, Mining and Processin Mineral 1982
Oil Agreement (|979) (Ratification)
(e) Reasonable and non-discriminatory charges and fees for
services rendered by Government Authorities on request or
to the public in general such as tolls, water rates and
sanitary charges;
()Non-discriminatory taxes and fees of general application,
such as documentary stamp taxes, registry, patent and
copyright fees;
(g) Payroll taxes in accordance with Payroll Tax Act.
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