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-183-<br />

area described as the Bea Mountains was included in the<br />

concession area which the N.I.O.C. held under the 1958 concession<br />

agreement with the Government. Directed by the Government L.M.C<br />

suspended until further notice its exploration work until certain<br />

matters would have been resolved with the Government.<br />

In 1961 N.I.O.C discontinued exploration work in the Bea<br />

Mountains and after showing renewed interest, L.M.C. resumed<br />

exploration of the Bea Mountains under agreement with<br />

N.I.O.C as from 1965. In the early 1970's it was realised in<br />

Liberia that the mining operations at Bomi Hills might come to<br />

an end during the first half of the 1970's. In view of this it<br />

became the Government's official policy to commit the<br />

exploitation of the Bea Mountains in such a way that it would<br />

phase in with the phasing out of Bomi Hills. For this purpose<br />

the Government, L.M.C, and N.I.O.C reached an agreement<br />

relative to the Bea Mountains on September 4, 1973. By this<br />

agreement the Government granted the parties certain specific<br />

tax privileges and the parties agreed that L.M.C. would be<br />

automatically vested with a 50? individed interest in the Bea<br />

Mountains and all concession and exploration rights belonging to<br />

it, together with the exclusive right - jointly with N.I.O.C. -<br />

further to explore the Bea Mountains and to exploit iron ore<br />

materials, as soon as it would have spent $ 2,000,000.00 on the<br />

exploration of the (possible) iron ore deposits in the Bea<br />

Mountains which amount was allowed to include the expenses made<br />

in prior years with respect to the Bea Mountains (about $ 1.1<br />

million) (70). As the- costs of exploration of the Bea Mountains<br />

were allowed by the Government to be charged to expenses as<br />

incurred (71) the Liberian Government shared in the exploration<br />

expenses (in the same proportion as the corporate income tax<br />

rate ).<br />

<strong>The</strong> depletion of the Bomi Hills ore, first predicted for 1973,<br />

later said to occur in 1975, eventually became a reality in 1977.<br />

Although L.M.C. by 1975 had already spent over $ 2,000,000.00 on<br />

exploration activities, the parties involved (the Government,<br />

L.M.C, and N.I.O.C.) had since that date made no progress in the<br />

exploitation of the Bea Mountains ore deposits. It is not easy to<br />

allocate blame for this failure to combine the closure of the<br />

mine at Bomi Hills with the starting of new mining activities in<br />

the Bea Mountains : L.M.C, N.I.O.C, or the Government, although<br />

the former definitely showed itself to be keen on continuing its<br />

mining activities in Liberia - not in the least by spending its<br />

money on exploration activities in the Bea Mountains whose<br />

deposits are favourably located with respect to the existing Bomi<br />

Hills - Monrovia-Freeport railroad. <strong>The</strong> 1973 Agreement had<br />

obliged L.M.C. and N.I.O.C. jointly to negotiate a concession<br />

agreement for the Bea Mountains with the Government but owing to<br />

its financial situation in the mid-1970's N.I.O.C. could not show<br />

any interest in a new mining venture which would involve a<br />

considerable outlay of capital (72). <strong>The</strong> Government, finally,

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