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-127-<br />

materials, the rights of the population within the concession<br />

areas viz-a-viz the company's rights, the obligations of the<br />

Government, the use of land outside the concession area(s), the<br />

amount of rentals to be paid and related obligations, the right<br />

of the company to construct infrastruetural and other facilities<br />

(Accessory works and Installations"), the right to engage in<br />

other than agricultural activities, and the export free of duties<br />

of the company's produce, warrant therefore the same comments<br />

which, however, will not be repeated here. Only the differences<br />

will be - briefly - emphasised.<br />

<strong>The</strong> concession agreement which the Liberian Agricultural Company<br />

(LAC) obtained only differs in four aspects from BFG's concession<br />

agreement: (i) the location of the concession area, (ii) the term<br />

of the concession, (iii) the number of years of income tax<br />

exemption, and (iv) most important, the restriction which was<br />

introduced as to the free export of the company's produce.<br />

LAC's concession areas consisted of (1) an area of land lying<br />

between the St. John's River and the Cestos River and south of<br />

Compound No. 3 in Grand Bassa County, approximately 300,000 acres,<br />

and (2) a section of the lands situated along the Tappita - Webbo<br />

road (in the then Eastern Province), also approximately 300,000<br />

acres. As the selection of lands had never taken place and<br />

consequently no development activities had ever been started in<br />

the concession area in the then Eastern Province (after the<br />

administrative reform of 1965 located in Nimba and Grand Gedeh<br />

Counties) LAC lost its rights in this area in the early 1970's -<br />

in conformity with Article X of the Agreement - and the company's<br />

concession area is nowadays limited to the 300,000 acres in Grand<br />

Bassa County (18).<br />

Under this 70-year concession agreement, the company was granted<br />

an income tax free period of 15 years, starting on the date it<br />

commenced planting, and which was to be followed by a period of<br />

ten years during which the maximum rate of income tax would be 25<br />

per cent of the net income. At the end of the ten year period the<br />

same income tax rate of 25 per cent would still be applied but<br />

either party to the concession agreement would then be entitled<br />

to a renegotiation of this rate.<br />

LAC started planting in August 1960 and its income tax holiday<br />

therefore expired in August 1975. <strong>The</strong> company is entitled until<br />

1985 to pay an income tax rate of 25 per cent only, and in that<br />

year LAC will be in the same position as BFG will have reached in<br />

1981, when a decision on the future tax rate will have to be<br />

made. Undoubtedly, the Government will aim at subjecting both<br />

companies to laws 'of general application and have them pay 50 per<br />

cent income taxes on net income above % 100,000 a year, which<br />

would bring these companies in this respect on equal footing with<br />

the Firestone Plantations Company, paying 50 per cent income<br />

taxes since the change of the income tax laws in 1977, In both<br />

cases, however, the Government will be dependent on the<br />

willingness of these two companies to respond to such a<br />

Tovernmental request as both concession agreements fail to have<br />

obligations in this matter. A fourth difference as compared with

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