President George M. Weah has issued Executive Order #112 establishing the National Railway Authority (NRA) with duty to, amongst different issues, handle railway and related infrastructures owned by the Government of Liberia.
The Order which was issued Monday, October 17, 2022 comes from the backdrop of the truth that the the Liberian Government owns sure key property of nationwide significance comprising railways and related infrastructures, such because the Yekepa Railway that runs from the station at Yekepa in Nimba County via components of Bong County to the terminus and related port infrastructure at or within the neighborhood of the Port of Buchanan in Grand Bassa County or Buchanan Port.
Issuing the Order, President Weah indicated that the Government is dedicated to the event and enhancement of the Liberian Infrastructure Assets within the nationwide curiosity to allow elevated use of those strategic property by producers in Liberia for export of minerals and different items for the good thing about the individuals of Liberia and the sustainable improvement of the Liberian financial system, together with particularly Nimba, Bong, and Grand Bassa Counties.
According to an Executive Mansion releaee, the Liberina chief emphasizied that these Liberian Infrastructure Assets have been underutilized previously to the detriment of the individuals of Nimba, Bong and Grand Bassa Counties, and the nation as an entire.
He recalled that “the Government has also entered into a treaty with the Government of Guinea (the “Implementation Agreement”) dated 11 October 2019 and given full authorized impact by the Republic of Guinea on 18 February 2020 and by the Republic of Liberia on 6 May 2021 for the export of sure Guinean Products by way of Liberia which were recognized and permitted by the 2 governments (‘Approved Infrastructure Projects’).”
The Liberian chief Executive Order additionally acknowledges that the “Government has granted the non-exclusive use of the Liberian Infrastructure Assets to ArcelorMittal Holdings A.G. and ArcelorMittal Liberia Holdings Limited (together ‘ArcelorMittal Liberia’) under the terms of a mineral development agreement as amended on 28 December 2006 and 23 January 2013 (the ‘MDA’); and the Government has also committed, pursuant to the terms of a framework agreement with Ivanhoe Liberia Limited (‘Ivanhoe’) and Société des Mines de Fer de Guinee (‘SMFG’) dated 20 December 2019 (as amended on 12 April 2021 and 30 March 2022) (the ‘Framework Agreement’) and the Implementation Agreement (1) to provide access and use of the Liberian Infrastructure Assets to Ivanhoe and SMFG pursuant to their Approved Infrastructure Project; and (2) to enter into a concession and access agreement as regards certain specific terms for the long term use of and access to the Liberian Infrastructure Assets and associated infrastructure and facilities.”
He additionally indicated within the Order that the Government is dedicated to the core rules of open, non-discriminatory entry on a multi-user foundation to the Liberian Infrastructure Assets for ArcelorMittal Liberia, Ivanhoe and SMFG (or their associates) along with every other eligible customers, together with native firms and mining operators permitted as such by the Government (“Eligible Users”), and in accordance with greatest worldwide trade apply and greatest technical, security, social and environmental requirements (“Core Principles”).
According to him, the Government will honor its obligations beneath current agreements together with the MDA, the Implementation Agreement and the Framework Agreement with respect to using and entry to the Liberian Infrastructure Assets whereas additionally making their use accessible to all Eligible Users in a way in keeping with the Core Principles.
President Weah noticed that the NRA will probably be crucial to offer an organizational construction to facilitate and coordinate entry to the Liberian Infrastructure Assets in keeping with the Core Principles and to resolve any disputes or disagreements that will come up.
The Liberian President’s Order contends that the institution of the NRA is in keeping with govt powers granted the President by the Constitution to direct all related Ministries and businesses of Government within the conduct of their duties and obligations.
He declared: “Pursuant to the authority of the President under the Constitution and laws of the Republic of Liberia, I hereby direct that there shall be established a National Railway Authority under the aegis of the Ministry of Transport pursuant to its lawful authority and responsibility.”
According to the Executive Order, the NRA shall set up guidelines and procedures and implement requirements for infrastructure system administration providers of personal and public widespread carriers of no matter nature and, usually, to develop, regulate, management and monitor automobiles, boats, ships, fishing vessels and railways and for the inspection and security of the seas and railways.
It shall set up and implement the general transportation coverage of the Republic, and develop plans for the motion of products and other people inside and with out the Republic, together with items transiting via Liberia from neighboring international locations, regulate using ports and harbors, present for the conduct of every other issues ancillary or incidental to the foregoing.
The Executive Order additionally states that the National Railway Authority shall, in finishing up its duties, honor all current authorized commitments of the Government to all individuals together with these with rights to entry and use the Liberian Infrastructure Assets.
As proprietor of the Liberian Infrastructure Assets, the Authority shall be answerable for improve, upkeep, open observe entry, and licensing of Eligible Users on the Liberian Infrastructure Assets, and should evaluate, approve, and incorporate the prevailing upkeep and improve obligations and enlargement applications of the Eligible Users.
“In order to offer an organizational construction to handle the Liberian Infrastructure Assets, the National Railway Authority shall appoint an unbiased operator to function, handle, plan and implement the event of the Liberian Infrastructure Assets system.
The unbiased operator shall even have the authority to coordinate entry to and utilization of the Liberian Infrastructure Assets by Eligible Users in order to maximise their honest, protected and environment friendly use pursuant to the lawful rights of every Eligible User, and in keeping with the Core Principles. It is known, nonetheless, that every Eligible User shall function its personal prepare and port actions for itself, beneath the supervision and coordination of the unbiased operator,” President Weah directed.
As per its mandate additionally, the National Railway Authority shall be sure that Eligible User entry preparations for the Liberian Infrastructure Assets conform to the Core Principles, and that within the case of any negotiations or preparations by the Government with an Eligible User concerning the longer term phrases of their use of the Liberian Infrastructure Assets, the phrases of such preparations shall be in keeping with the Core Principles.
It Order additional states: “In the case of any dispute or failure to agree between or among Eligible Users and/or the Government and/or the independent operator (with regard to such individual operations and expansions as each may carry out), the National Railway Authority shall (promptly, and in any case within 30 days of a request from any Eligible User), in consultation with all such Eligible Users, appoint an eminent international neutral third party to serve with authority to resolve any such dispute or failure to agree in accordance with the Core Principles, and in that case the decision shall be made as promptly as reasonably possible, with the aim of opening within 60 days. The decision of such eminent international neutral third party shall be binding on all parties to such conflict or dispute, although subject to review as permitted under the laws of Liberia.”
According to the President, nothing within the Executive Order shall intrude with or diminish the rights of any Eligible User to entry the Liberian Infrastructure Assets, however it shall as a substitute be interpreted similar to to reinforce and to advertise the general advantage of the Liberian Infrastructure Assets to the Republic of Liberia and its residents.
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