10.01.2013 Views

The_Open_Door_deel1

The_Open_Door_deel1

The_Open_Door_deel1

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

-124-<br />

line running parallel to the Atlantic Coast line o-f<br />

the. RepuLlic and two (2) miles south of the first<br />

rapids in the Loffa River, and on the north Ly a line<br />

parallel to said last mentioned line and thirty (30)<br />

miles north therefrom; (...) but excluding therefrom,<br />

however, the exploitation lots heretofore selected<br />

under the Liberian dining Concession of 79 45," (8)<br />

<strong>The</strong> same Article II of the concession agreement states that:<br />

"<strong>The</strong> Government warrants that within the above mentioned<br />

Concession Areas no other concession or right of any kind<br />

heretofore granted to any third party is now in effect<br />

and agrees during the iesim hereof that none will be granted<br />

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

the Concession Areas for the sole and exclusive use of<br />

3.7. Goodrich." (9)<br />

Should the company not have started the development of a minimum<br />

of 10,000 acres (a Development Area) within five years of the<br />

effective date of the Agreement, all rights would be cancelled and<br />

the agreement terminated. Also, should no start have been made<br />

with the development of at least 10,000 acres in each of the two<br />

concessions areas within ten years after that date, the concession<br />

area in which the required activities had not taken place would be<br />

forfeited, provided that in each case the Government had given<br />

notice to the company and BFG still had not commenced any of such<br />

development within one year o¥ this notice.<br />

Though this provision was certainly an improvement compared with<br />

previous concession agreements with other (foreign) investors, the<br />

proposals and suggestions of the cabinet members and other experts<br />

who advised President Tubman during the negotiations for this<br />

agreement with BFG were completely ignored. <strong>The</strong> Secretary of<br />

Agriculture and Commerce proposed in this respect the substitution<br />

of "five years" by "two years", and of "ten years" by<br />

"five years" respectively, as had the Secretary of the Treasury,<br />

the Secretary of State, and the Director of the Budget<br />

Bureau. In both of these cases, the Assistant Secretary of State<br />

had been in favour of a period of seven years, within which operations<br />

would have to have started. It is noteworthy that the original<br />

draft (of March 1954) did not contain a provision such as<br />

the one year term (after the Government had sent notice) before<br />

the rights in a concession area were definitely cancelled.<br />

As it never started any activities in Grand Bassa county, BFG gave<br />

up its rights in its concession area there. Though no proof could<br />

be found that the Government ever gave notice to the company the<br />

latter considers itself only entitled to a concession area of<br />

300,000 acres in Montserrado/Grand Cape Mount counties (10). <strong>The</strong><br />

provision of Article II of the Concession Agreement, stating<br />

that:<br />

"B.7. Goodrich at any time hereafter may alter the Concession<br />

Areas by substituting for any part Or all thereof<br />

any other areas, or by including any additional a/teas not<br />

originally included within the Concession Areas as de-

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!