Law library · Sierra Leone · The Diamond Corporations Agreement (1959) (Ratification) Ordinance
Section 11, The Diamond Corporations Agreement (1959) (Ratification) Ordinance
Status not yet checkedThe Diamond Corporations Agreement (1959) (Ratification) Ordinance, Sierra Leone
(a) The Corporation warrants that it will sort and value all diamondsrendered to the Government Diamond Office for export and marketing in
accordance with the agreed Sample Parcel. Provided that the prices attributable to the constituent lots which make up the sample parcel may from
time to time be varied by agreement between the Executive Board and the
Corporation and in case of disagreement the matter shall be referred to the
Government Valuator whose decision shall be final.
(b) The prices which during the currency of this Agreement will be
payable to producers shall be diminished by 1% (one per centum) thereof
or by 6% (six per centum) in accordance with Sub-clause (h) of this Clause.
(c) The Government warrants that the Government Diamond Office will
offer to the Corporation and the Corporation will undertake for a period of
5 (:five) years from the First day of August One thousand nine hundred and
fifty-nine to buy all diamonds produced in Sierra Leone (except as hereinafter
mentioned) delivered to the Government Diamond Office for export and
marketing which diamonds shall be offered to the Corporation by the Government Diamond Office on behalf of the producers according to the assortment
and prices arrived at in terms and provisions of Sub-Clauses (a) and (b) of
this Clause and the Corporation will purchase such diamonds from the Government Diamond Office on behalf of the producers at thos-e prices.
(d) Should the producer of any diamonds brought to the Government
Diamond Office for the purpose of export and marketing which may be valued
in accordance with the provisions of Sub-clause (a) of this Clause at £5,000
(Five thousand pounds) or more or such other amount as may be determined
from time to time by the Executive Board of the Government Diamond
Office not wish to accept the price payable therefor by the Government
Diamond Office in accordance with the foregoing sub-clauses the Government
Diamond Office shall at the request of such producer ship such diamonds from
time to time to London where the Corporation will arrange for them to be
offered for sale by tender to any of the buyers on the accredited lists of the
Central Selling Organisation, The Diamond Trading Company or to any
person or persons recommended by the Government. The Government
Diamond Office may defer the shipment for offer for sale by tender of any
diamonds covered by this sub-clause until the total value thereof shall be not
less than £50,000 (Fifty thousand pounds) or such other amount as may be
decided from time to time by the Executive Board or until a shipment under
Sub-clause (e) is made whichever is the earlier. The nett receipts for any
sales made in the manner aforesaid shall be distributed by the Government
Diamond Office amongst the producers concerned in proportion to the
respective valuations of their diamonds made in accordance with the provisions of Sub-clauses (a) and (b) of this Clause.
(e) Individual parcels valued at £10,000 (Ten thousand pounds) or
above or such other amounts as may be determined from time to time by the
Executive Board shall at the request of the producer be shipped to London
and put out to tender and the proceeds after the deduction of commission and
taxes paid to the producer by the Government Diamond Office. In such
cases the producer may appoint by arrangement with the Executive Board a
Diamond Corporations Agreement (1959) (Ratijicat1:on) [Cap. 285
representative agreeable to both parties to be present while the parcel is
offered for sale.
(f) No producer of diamonds having once delivered the same to the
Government Diamond Office for tendering shall be entitled to withdraw or
obtain re-delivery to him of the said diamonds.
(g) The Government Diamond Office will arrange to advance by way of
loan to any producer whose diamonds are being dealt with in accordance
with Sub-clauses (d) and (e) of this Clause and who desires such loan not
more than 75% (Seventy-five per centum) of the valuation of the diamonds
in question made in terms of Sub-clauses (a) and (b) of this Clause. The first
£75,000 (Seventy-five thousand pounds) of such loan shall be free of interest
and thereafter a rate of interest of 2% (two per centum) above British Bank
Rate for the time being shall be payable.
(h) There shall be deductable from the proceeds of the sale of diamonds
sold at tender in terms of Sub-clauses (d) and (e) of this Clause a commission
payable in London to the Company effecting the sale equal to 6% (six per
centum) of such sale price.
(i) The proceeds after the deduction of the 1% (one per centum) or 6%
(six per centum) as specified in Sub-clauses (b) and (h) of this Clause (subject
to the provisions of Sub-clause (g) of this Clause) of all sales effected in accordance with Sub-paragraphs (c) or (d) and (e) of this Clause shall be subject
to the deductions to be made by the Government Diamond Office in respect
of Export Duty Alluvial Diamond Tax or any other Tax from time to time
in force relating thereto which said taxes shall be borne by the producers of
diamonds so sold .. Such proceeds shall be paid to the Government Diamond
Office as agents for the respective sellers and the Government Diamond Office
shall after making such deductions aforesaid distribute the nett proceeds to
the sellers concerned within one calendar month after the date of Shipment
from Sierra Leone.
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