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-112-<br />

outside the concession area. <strong>The</strong> consequences for the tribal<br />

people who were still engaged in a subsistance-economy were<br />

ignored in this case, as in other eases.<br />

LIBING committed itself to clear and plant 1,000 acres wihtin<br />

3 years after the effective date of the agreement, and after<br />

that period to increase the acreage cleared and planted by<br />

some 500 acres a year.<br />

All lands in Parcel A and Parcel B not cleared and planted would<br />

revert to the Government in case this rate of development would<br />

not be maintained.<br />

Land rental was fixed at 5 cents per acre per annum for uncleared<br />

land and 10 cents per acre per annum for cleared and/or cultivated<br />

land. Other obligations accepted by LIBINC were those of<br />

maintaining an authorized representative with full power to act<br />

within the republic, of training Liberians for various positions<br />

in the company and of employing trained Liberian personnel as they<br />

are available and required, of not importing unskilled labour if<br />

not necessary, of encouraging Liberian private farmers to develop<br />

high yield oil palm plantations, and of submitting routine reports<br />

to the Government every year.<br />

<strong>The</strong> Government had the right to cancel the agreement If LIBINC<br />

failed to pay the rental, or failed to clear and plant 1,000 acres<br />

within 3 years after the effective date of the agreement, had<br />

suspended effective operations for a period of 1 year for reasons<br />

other than force majeure, or violated other clauses of the<br />

agreement and failed to correct those violations within six months<br />

after the Government had pointed out the violation in writing. In<br />

addition, the Government had the right to cancel the concession<br />

with respect to particular tracts if the company failed to pay the<br />

rental related to that tract of land. If, in ease of arbitration,<br />

a third arbiter would have to be appointed because the two<br />

arbiters appointed by the company and by the Government (one each)<br />

could not reach agreement, the third person would be appointed by<br />

the Chief Justice of Liberia..It was also of importance that the<br />

Government guaranteed the concessionaire that within the Parcels<br />

A and B, no other concession or right of any kind would be granted<br />

to any third party and that it would defend and protect the<br />

concession area for the sole and exclusive use of LIBINC.<br />

<strong>The</strong> agreement did not provide the company with any right to cancel<br />

the agreement though more Important shortcomings of it were the<br />

absence of a provision regulating the transfer of the company's<br />

assets in case of expiration or cancellation of the agreement, and<br />

the omission of a provision allowing for a renegotiation of the<br />

agreement before its expiration after 40 years.<br />

In certain respects, however, this was a much better concession<br />

agreement than the previous ones which had been concluded by the<br />

Government of President Tubman. Marked improvements were the<br />

granting of a concession area which was reasonable in size (but<br />

would still prove to be too large), the insertion of an obligation<br />

in the agreement to submit periodical reports to the Government,<br />

the failure to do so giving the latter the right to cancel the<br />

agreement, and the provisions relating to cancellation in general<br />

and to arbitration. A major improvement was the absence of a<br />

clause obliging the Government to assist the company in securing<br />

an adequate labour force as found in the concession agreements

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