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-197-<br />

soon demonstrated by the calling in of L.M.C.'s aid. In the 1963 -<br />

1975 period, this company provided assistance to N.I.O.C.-M.M.A.L.<br />

in respect of operational matters. M.M.A.L. remained in charge of<br />

financial affairs and the accounting system of the company but<br />

its handling of these affairs also resulted in mismanagement. In<br />

the absence of a register of fixed assets (!) all assets purchased<br />

or constructed since the start of the project were included<br />

every year in the company's Balance Sheet, regardless of the fact<br />

that some assets had been sold or scrapped in the meantime. <strong>The</strong> result<br />

was a situation in which the latter category of assets continued<br />

to be subject to depreciation. <strong>The</strong> company did not have an<br />

effective budgetary and cost control system until 1976, neither<br />

did it have effective control over the warehouse. <strong>The</strong> practices<br />

connected with the calculation of the depreciation rates and<br />

the perpetual shortage of liquid cash are other examples of mismanagement<br />

(105).<br />

In the 196O's the fairness of the management fee paid to M.M.A.L.<br />

had already been considered within the Treasury Department and<br />

calculations then made led to the conclusion that the fee was<br />

excessive but as a former Secretary of the Treasury, J. Milton<br />

Weeks, stated (in 1972) the time had not been ripe for any formal<br />

action. <strong>The</strong> former Secretary also was of the opinion that the<br />

rate of return on M.M.A.L.'s investments, which had ranged from<br />

23? to 100?, had been excessive, especially as the management fee<br />

was exempt from taxes (106). (M.M.A.L. also received interest<br />

income and income from shipping agency services but as a result<br />

of the 1970 audit by Whinney, Murray & Company it paid Liberian<br />

income taxes on this income)(107).<br />

In the 1970's management fees amounted to $ 598,000.00 (1973),<br />

$ 795,000.00 (1974), $ 770,000.00 (1975), $ 861,000.00 (1976) and<br />

$ 994,000.00 (1977) (108) resulting in a total net income for<br />

M.M.A.L. of about $ 1.6 million during these years of which<br />

L.M.C. had received about $ 210,000. A (minor) difference of<br />

opinion existed between the Government and M.M.A.L. as to the<br />

appropriateness of including despatch income in total sales<br />

revenue on" which the management fee was calculated. In 1975 the<br />

management fee approximated 27 cents per ton of production<br />

(compared with 10 cents per ton received by Granges for the<br />

management of the LAMCO J.V.). In the U.S.A. in the same year<br />

two large iron ore mining companies, which had acted as managers<br />

of other iron ore mines in various parts of the world, had<br />

received management fees of about 21 cents per ton (109).<br />

Already in 1972 a Committee had advised the Government to revise<br />

the original management agreement either by the imposition of an<br />

Income tax of general application on the income of M.M.A.L., or<br />

by the reduction of the 4? rate, or by an (equal) participation<br />

by the Government and/or N.I.O.C in the equity of M.M.A.L.<br />

(110). However, the Government hesitated to undertake appropriate<br />

action and pending a definite decision it was eventually decided<br />

to reduce the period of termination to one year only. Prior to

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